[Congressional Record Volume 147, Number 153 (Wednesday, November 7, 2001)]
[Senate]
[Pages S11564-S11565]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
USE OF CONTROLLED SUBSTANCES FOR PHYSICIAN ASSISTED SUICIDE
Mr. NICKLES. Madam President, in a memorandum issued yesterday to
Drug Enforcement Administration chief Asa Hutchinson, Attorney General
Ashcroft overturned a 1998 decision by Attorney General Janet Reno that
allowed for the use of controlled substances for physician assisted
suicide.
Until June 5, 1998, everyone understood that assisted suicide was not
a ``legitimate medical purpose.'' On that date, Attorney General Janet
Reno issued a letter carving out an exception for Oregon to use
Federally-controlled substances for assisted suicide, a decision that
overturned an earlier determination by the Drug Enforcement
Administration and which was in direct conflict with 29 years of
practice under the Controlled Substances Act.
Attorney General Ashcroft wrote that assisting in a suicide is not a
``legitimate medical purpose'' under federal law and determined that
prescribing, dispensing, or administering federally controlled
substances to assist suicide violates the Controlled Substances Act,
regardless of whether State law authorizes or permits such conduct by
practitioners.
This important decision restores the uniform national standard that
federally-controlled substances can not be used for the purpose of
assisted suicide by applying the law to all 50 states.
Federal law is clearly intended to prevent use of these drugs for
lethal overdoses, and contains no exception for deliberate overdoses
approved by a physician. The Controlled Substances Act requires that
these substances can only be used for a ``legitimate medical purpose''
in the interest of ``public health and safety''. Assisted suicide can
neither be counted as a ``legitimate medical purpose'' or in the
interest of ``public health and safety.''
I have personally been a long, strong advocate of States' rights and
the limited role of the Federal Government. This decision neither
overturns or pre-empts any State legislation related to suicide.
Instead, it clarifies that the dispensing of controlled substances for
the purpose of assisted suicide is prohibited under longstanding
federal law.
[[Page S11565]]
Because of Attorney General Reno's letter, for three years the
federal government has been complicite in allowing the use of Federally
controlled substances for the specific purpose of causing death--in my
opinion, in violation of Federal law. There is no role for the Federal
Government in providing assisted suicide. I compliment Attorney General
Ashcroft's decision to return to the correct and only reasonable
interpretation of the Controlled Substances Act. Federally controlled
substances should be used for a ``legitimate medical purpose'' and not
for assisted suicide.
In my opinion, this is very good news for patients and health care
providers in all 50 States. Yesterday's decision encourages doctors to
aggressively use Federally-controlled drugs to treat pain while making
sure that one State cannot overturn Federal law. This move by Attorney
General Ashcroft was absolutely the right thing to do and I applaud him
for it.
A couple of other editorial comments: I heard someone say, Well, wait
a minute; this directly overturns Oregon law. It does not. Conversely,
the State of Oregon cannot overturn Federal law, and that is what the
State of Oregon tried to do.
Federal law has been in effect for 29 years. The Controlled
Substances Act goes way back, and it said the Federal Government
regulates the use of these very strong and in some cases deadly drugs.
The Federal law states it can only be used for a legitimate medical
purpose.
The State of Oregon tried to pass by referendum a law that says these
drugs can be used for assisted suicide. The Drug Enforcement
Administration said they cannot be used for assisted suicide.
Attorney General Reno made a serious mistake 3 years ago when she
said it was okay. She was wrong. She was overturning basically and not
interpreting the law correctly, not agreeing with the Drug Enforcement
Agency that said they never could be used. They reviewed it
extensively. I think she made a serious mistake, and as a result some
physicians in Oregon were using federally controlled drugs to assist in
death.
Attorney General Ashcroft has overturned her letter. Her letter, in
my opinion, was in direct contradiction of law. It was very explicit.
These drugs can only be used for a legitimate medical purpose, and
assisted suicide was never considered a legitimate medical purpose.
Attorney General Ashcroft has now corrected that. Somebody says he
has overturned Oregon law. No. What he did was interpret the Federal
statute exactly as it was written, exactly as it has been interpreted
for the last 30 years, and overturned Attorney General Janet Reno's
mistaken interpretation of law.
The fact is, neither Oregon nor Oklahoma can overrule Federal law. If
so--we have Federal laws against cocaine--some States could say, we are
going to legalize cocaine. But they cannot do that. Individual States
cannot overturn Federal statutes. That is exactly what the State of
Oregon tried to do. They were mistaken in their legislative approach
through the referendum.
Some people say this is denying the people of Oregon their right to
vote. That is not correct. The people of Oregon can vote all they want.
They just cannot change public law by a public referendum. That is what
they tried to do.
So again I compliment Attorney General John Ashcroft for his decision
and for his memorandum to Asa Hutchinson, who is the Drug Enforcement
Administration chief. I think both are doing an outstanding job, and I
think the decision is good news for patients because now these drugs
can be used to alleviate pain.
I still hope we will pass legislation to encourage the use of these
very strong drugs to alleviate pain. We have thousands of citizens all
across this country who are suffering greatly, and they should be
allowed and encouraged to use these very strong drugs to alleviate the
pain. If that is the purpose, that is fine. If the purpose is to cause
their death by suicide, assisted by a doctor or not, that is not right.
That is not allowed under this statute. This statute cannot allow these
very strong drugs to be used to alleviate pain.
We should encourage that. Senator Lieberman and I have introduced
legislation to that end, and I hope and expect we can get that passed
in the not-too-distant future.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________