JUDGE BLOCKS BID TO UNDO OREGON'S 1997 SUICIDE LAW

PORTLAND, Ore. -- Oregon doctors can prescribe lethal medicines again to
terminally ill patients who want to end their lives now that a judge has
temporarily blocked a federal order that had essentially shut down the
state's unique assisted-suicide law.

U.S. District Judge Robert Jones granted a temporary restraining order
Thursday barring U.S. Attorney General John Ashcroft's directive, which had
said Oregon doctors who use the assisted-suicide law would lose their
licenses to prescribe federally controlled drugs.

Jones' ruling was a victory for Oregon Attorney General Hardy Myers, who
had sued the government along with several terminally ill patients and
others. The order is effective until Nov. 20, when Jones has scheduled
another hearing.

In seeking to block Ashcroft's move, the state argued that the federal
government does not have the right to dictate its policies on medical
practices. Assistant U.S. Attorney William Howard disagreed, saying the
federal government's interest in preserving life takes precedence over
Oregon's Death with Dignity law.

Physicians for Compassionate Care, an organization that opposes assisted
suicide, criticized Jones' ruling.

"Nobody who's in distress and despair should have a doctor respond to that
with an overdose," said Dr. Gregory Hamilton, spokesman for the group.
"People are going to keep getting assisted suicide instead of the hope and
care they deserve."

Under the law, doctors may provide -- but not administer -- a lethal
prescription to terminally ill adult state residents. It requires that two
doctors agree the patient has less than six months to live, has voluntarily
chosen to die and is capable of making health care decisions.

The measure survived legal challenges after being approved in 1994 and
later re-approved by a wide margin in 1997. At least 70 people have used
the law since it took effect, according to the state's Health Services
office. All have done so with a federally controlled drug.

But despite the restraining order issued Thursday, it's not clear how many
doctors will now prescribe lethal doses: Many don't want to risk
jeopardizing their careers if Ashcroft's directive is ultimately upheld.

"I'm going to get some legal advice about whether it would be safe to
proceed and then decide," said Dr. Peter Rasmussen, a Salem cancer
specialist who joined Myers's suit.

Eli Stutsman, Rasmussen's attorney, said that even with Thursday's ruling,
the Ashcroft directive will "cause a chilling effect on good patient care"
in Oregon and across the nation because doctors might be afraid to
prescribe strong pain medications. And Rasmussen said he worries that
during the battle over the Oregon law, patients will try to find other ways
to end their lives.

"I've already had inquiries about alternate ways to get the medication --
for example going down to Mexico, or to Canada to get it. And of course
I've discouraged that," he said. "I sincerely hope that no physician goes
underground, but some patients will want to."