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Continuing Education HOURS 2.4 52 AJN September 2009 Vol. 109, No. 9 ajnonline.com

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Continuing EducationHOURS2.4

52 AJN � September 2009 � Vol. 109, No. 9 ajnonline.com

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OOvveerrvviieeww:: Voluntarily stopping eating and drinking,

in which death occurs within one to three weeks of

beginning the fast, is increasingly explored in the litera-

ture and mainstream media as an option to be dis -

cussed with “decisionally capable,” suffering patients

who want to hasten their dying. The author uses an

example from her experience to describe stopping

eating and drinking, as well as other clinical practices

associated with hastening dying; explores whether this

practice can or should be distinguished from suicide; and

discusses the ethical and legal implications for nurses.

Gertrude (not her real name; other identifyingdetails have been changed) was 99 years old.Having survived the Holocaust and over-

come many other challenges in her long life, shethought it ironic that she had to ask her children tohelp her die.

Although she was not terminally ill, the quality ofher life was significantly diminished by many chronicailments. Despite two hearing aids, her hearing losswas such that she could no longer indulge her oneremaining pleasure: listening to classical music. Shehad fallen and broken a hip when she was 96 andnow had to use a wheelchair when moving aroundher apartment. She had severe arthritis, and she

This is one option for ‘decisionally capable’ adults who wish to hasten dying. What are the ethical and legal implications for nurses?

STOPPING EATING AND DRINKING

By Judith K. Schwarz, PhD, RN

I first met Gertrude and her two adult children, Adamand Susan (all names and other identifying details

have been changed) in Gertrude’s apartment. The live-in housekeeper who cared for Gertrude was away forthe afternoon. Gertrude told me she wanted to die—

in a manner that was peaceful, pain-free, and quick, andthat didn’t cause any legal problems for her family. Shespecifically asked for a pill that would make her go tosleep and never wake up.

I had a lot of explaining to do. Gertrude was quite

The author’s experience of helping ‘Gertrude’ with her decision to stop eating and drinking.

The Last Best Option?

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terminal diagnosis qualify under a categorycalled “debility and decline.”)

As her shingles-related pain graduallysubsided, Gertrude developed a warm rela-tionship with Rose, her hospice nurse;Rose’s weekly visits became a high pointin her week. Gertrude felt comfortableasking Rose for advice about how shecould end her life. Rose told Gertrudeshe couldn’t help her die and referred herand her children to the nonprofit end-of-life advocacy and consultative organiza-tion where I work. I gave Gertrude and herchildren information about the few legalend-of-life options that might hasten dyingfor someone who’s not terminally ill or inthe last days of life, such as stopping life-sustaining medications and stopping eatingand drinking. (For more on common clinicalpractices that hasten dying in patients who

are terminally ill and in the last days of life, seeClinical Practices that Hasten Dying.1-14) After sev-eral meetings and much discussion about the bene-fits and burdens of these options, Gertrude electedto stop eating and drinking. She died peacefully10 days after she began her fast. Her family gaveme permission to tell her story. (For a more detailedaccount of my experience with Gertrude, see TheLast Best Option?)

BACKGROUNDThe diseases and conditions that most frequentlycause death in the United States—cardiovasculardisease, including congestive heart failure and stroke;chronic lower respiratory diseases; cancer; diabetes;and dementia—are often associated with periods ofprolonged disability and suffering before death. Forpatients with these conditions, a “good death” isoften an unrealized goal.

disappointed when I told her that such a pilldidn’t exist and that, even if it did, I wouldn’tadminister a lethal drug to her. She wasn’tthe least bit interested in hearing about theprocedures and guidelines of Compassionand Choices, the advocacy organization Iwork for,or in the legal and ethical distinctionsamong such acts as killing, letting die, or present-ing options for intentionally hastening dying.

I asked Gertrude to tell me about her life andwhy she wanted to “go to sleep and never wake

rarely left her apartment except for medical appoint-ments. All friends and many family members had longsince died, and her deteriorating vision—a result of arecent bout of shingles—left her unable to read orwatch television. After years of living with these andother chronic conditions, she told her family she wastired of life and was ready to leave. Her childrenand grandchildren told her to be patient. She wasalmost 100; surely she would soon die peacefully inher sleep.

The tone and frequency of her requests for helpin dying changed dramatically after her ophthal-mologist told her she would never regain her vision.She had held out hope that her vision loss was tem-porary, and now she said she could no longer toler-ate life without sight. Although stoic by nature,Gertrude had experienced such intense pain fromshingles that her primary care physician had feltill-equipped to manage it and had recommendedshe receive home hospice care for the purposes ofpain management. (Although patients typically qual-ify for hospice care only if they have a terminal ill-ness with a prognosis of six months or less to live,some patients in progressive decline but without a

Palliative care provides symptom relief and the best pos-sible quality of life not just for dying patients but also forthose with a life-threatening or incurable and progres-

sive disease. Ideally care begins at the time of diagnosis and mayaccompany treatments aimed at curing the disease or slowingits progress. Hospice is palliative care for terminally ill patientsin the last six months or less of life who are no longer seekingtreatment to cure their condition. This care is entirely focusedon relieving symptoms rather than curing illness.

Palliative care should be the standard of care for all dyingpatients, but too often it’s not. Despite efforts to integrate pal-liative care into mainstream disease management, many dyingpatients as well as those with progressive chronic illness receiveinadequate relief from pain and suffering.

PALLIATIVE CARE

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up.” In a coherent and resolved manner, she describedhow circumscribed her life had become and how con-fined she felt by her dimming vision and loss of hearingand other limiting physical conditions. She’d lived awonderful life and had accomplished much, and nowshe had no interest in just existing. She particularlymissed being able to listen to classical music. Despitethe presence of her caring and attentive family, she wasno longer able to do any of the things that had oncemade life enjoyable and meaningful.

I asked her what medications she was taking; in

certain instances, stoppinglife-prolonging medica -tions can lead to a peace -ful death. In Gertrude’scase, that wasn’t feasible.I then briefly described theoption of stopping eating and drinking. I asked herwhether she continued to enjoy eating—was this per-haps a remaining source of pleasure? She assured methat she had no appetite at all and only ate to pleaseher housekeeper. She was appalled, though, when I told

Anecdotal evidence and my own experience sug-gest that a growing number of frail, elderly peoplewith multiple chronic illnesses who are able to makedecisions are seeking ways to achieve, to quote arecent New York Times article, a “graceful exit”from a life that, as they see it, has simply gone ontoo long.15 Inevitably, a small proportion of thesesuffering, dying patients will ask their nurses forhelp in dying in order to escape their suffering.2, 10, 16

WHAT NURSES SHOULD KNOWThe decision to voluntarily stop eating and drinkingdiffers from the loss of appetite or disinterest in foodor drink that often accompanies the final stage ofmany illnesses. In this case, the patient is physicallyable to eat and drink but chooses not to; the inten-tion is to hasten dying.

Depending on the patient’s physical condition,death usually occurs within one to three weeks ofbeginning a fast. The process requires a well-informedand determined patient who has family, friends, orothers who can provide emotional and physical sup-port; it’s also crucial that the patient have access toclinical caregivers who can provide palliative or hos-pice support. Patients and their loved ones who con-sider this option must understand in particular theimportance of stopping all fluids (including ice chips)once the fast has begun so that death occurs withinthe one-to-three-week interval.

Once oral intake stops, the patient usually remainswakeful and responsive for several days while weak-ening physically. This interval allows the patient toreflect on and perhaps reconsider the decision—andfor loved ones to reminisce and prepare to say good-bye. Family members and other caregivers must beprepared for the possibility that the patient maydecide to eat and drink again and support any deci-sion the patient makes. If the patient wishes to resumeeating or drinking, caregivers must provide food andfluids.

Also important is excellent oral care, particularlyduring the initial stage of the fast, when the patientis conscious and may be thirsty or have a dry mouth;using oral swabs and lip salve, rinsing the mouth and

having the patient spit out fluids, or misting theback of the mouth with mouthwash or anotherfluid will help keep the mucous membranes moistand lessen discomfort. As dehydration progresses,the patient will become sleepier, eventually slippinginto a coma before dying. Excellent physical careshould continue, and loved ones may find comfortin providing it.

Occasionally, delirium or agitation may occur asdeath nears. Caregivers should be prepared for thispossibility and know to contact a hospice nurse orpalliative care clinician to provide palliative mea-sures, including sedation, to ensure a peaceful death.When asked what it’s like to care for hospice patientswho voluntarily stop eating and drinking, nursesin one study said that this choice doesn’t seem tocause unacceptable discomfort or distress and appears,in most cases, to facilitate a peaceful or “good” death.17

ETHICAL AND LEGAL CONSIDERATIONS All patients who request information about hasten-ing dying must be assessed by a clinician who seeksto understand the meaning of the request, the under-lying physical or psychosocial reasons for it, and thepatient’s decision-making ability. When a patientasks a nurse about options to hasten dying, othermembers of the health care team should be informedof it. It’s particularly important that mental healthspecialists skilled in assessing decision-making capa-bility be consulted when patients who are not termi-nally ill ask about stopping eating and drinking;depression, for example, can be difficult to recognizein a frail older adult.

Many palliative care clinicians agree with ethicistswho view stopping eating and drinking as a form offorgoing life-sustaining treatments that’s consistentwith the ethical and legal consensus supporting acompetent patient’s right to refuse interventions. Theynote that not honoring a competent patient’s refusalof food and drink can lead to forcing treatment on anunwilling patient: tube feedings that require the useof physical restraints and whichviolate the patient’s autonomy,dignity, and liberty.18

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Anumber of clinical practices associated withhastening dying occur routinely in health caresettings across the country. These practices

include • forgoing or discontinuing life-sustaining treatment,

including medically provided nutrition and hydra -tion (such as tube feeding).

• using high doses of opioid analgesia.• initiating palliative sedation.• physician-assisted dying (legal only in Oregon

and Washington State; a ruling permitting it isbeing appealed in Montana).Forgoing or discontinuing life-sustaining therapies

is a well-accepted right of all patients and is impli-cated in as many as 84% of hospital deaths in theUnited States.1 Although there is no recognized moralor legal distinction between withholding or with-drawing life-sustaining treatments, some cliniciansfind the withdrawal of life-sustaining measures tobe more troubling than the decision not to initiatesuch treatments. Some nurses may fear being heldresponsible for the death of a patient after the with-drawal of life-sustaining measures. But such fears arewithout legal or ethical foundation because it is thepatient’s decision to forgo interventions.

Patients still able to make decisions (or the surro-gates of those who’ve lost decisional capability)have a right to make informed treatment decisionsthat reflect their personal values and wishes (orin the case of a surrogate, the patient’s values andwishes), and nurses have a corresponding duty torespect and support those decisions. This meansthat patients have a right to refuse unwanted treat-ments regardless of the nature of the treatments, thestatus of their disease, or the reason for their refusal(including the desire to hasten or cause their owndeath). Decisional capacity should be understood asthe ability to receive and understand information

about choices, evaluate the choices without externalinfluence or coercion, and communicate a decisionand the reasoning behind it.

Withholding or withdrawing life-sustaining inter-ventions allows the patient to die of her or his illnessand is distinguished from illegal or ethically unjus-tified killing or “assisted suicide” by the informedconsent given to the clinician by the patient or the sur-rogate. Nurses who support a patient’s decision toforgo life-sustaining treatments can be assured thatthey are acting appropriately.

Providing high-dose opioids at the risk of hasteningdying. All nurses must be able to manage symptomsin any patient in pain, regardless of the clinical set-ting, the patient’s age, or the nature of the disease.This is especially true in patients who are activelydying. Yet many nurses, particularly those inexperi-enced or untrained in palliative care, may be con-cerned about hastening dying through the use ofopioids and may be reluctant to administer the often-necessary high doses. Even experienced hospice andpalliative care nurses sometimes question their ownactions and motivations when a suffering patientdies shortly after receiving an appropriately titratedopioid dose.2

But according to the Hospice and Palliative NursesAssociation (HPNA) position statement ProvidingOpioids at the End of Life, “[T]here is no convinc-ing scientific evidence that administering opioids,even in very high doses, accelerates death. . . . Res -piratory depression and other changes in breathingare part of the dying process and are more likely tobe from disease and multi-system organ failure thanfrom opioids.”3 Many clinical guidelines offer sup-port for opioid use by appealing to the “rule of dou-ble effect.” This rule can be invoked to justify aninter vention that aims to achieve a positive outcome(pain relief) while acknowledging the possibility of

CLINICAL PRACTICES THAT HASTEN DYINGFour options other than stopping eating and drinking.

her that the process of dying by forgoing food anddrink might take up to three weeks. That was too long,she said. We spoke for about an hour. As I got ready toleave I could see that Gertrude was tired and disap-pointed. She hadn’t heard what she’d hoped to hear.I agreed to meet again if Gertrude wished to do so,and invited them to call me if questions arose.

Susan had told me that Gertrude’s 100th birthdaywas soon to arrive. Susan’s daughter, who lived out oftown, was coming and they were going to have a bigparty. Gertrude had partially raised this granddaughter,

and they were very close; she hadn’t yet told her of herwish to hasten her dying. Gertrude wasn’t interested ina party, but she understood how important it was toher family and so she accepted the flowers, balloons,and cake.

At Gertrude’s request, I visited her again two and ahalf weeks after the first visit. Susan told me that at thebirthday celebration Gertrude had told her granddaugh-ter that she wanted to die. Her granddaughter had grad-ually and tearfully come to understand—if not entirelyto accept—her grandmother’s wish.

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a negative outcome (hastened dying). This rule chal -lenges clinicians to explore their intentions and clin-ical goals when treating suffering patients and isoften cited to explain why one end-of-life interven-tion that results in death is morally and legally accept -able while another with the same result but with adifferent intention is not.2 According to the AmericanNurses Association’s Code of Ethics for Nurses withInterpretive Statements, “The nurse should provideinterventions to relieve pain and other symptoms inthe dying patient even when those interventionsentail risks of hastening death. However, nursesmay not act with the sole intent of ending a patient’slife. . . .”4

Initiation of palliative sedation. A decision to ini-tiate what is often called “palliative,” “total,” or “ter-minal” sedation is understood to be a last-resortintervention to relieve intractable suffering in a dyingpatient when other palliative efforts have failed. Theclinical goal of this intervention is not to hasten orcause death but to render the patient unconscious sothat she or he is unaware of symptoms. A patient orsurrogate decision maker must provide informed con-sent. Sedation is generally induced by subcutaneousor intravenous infusion of benzodiazepines, and therate of infusion is titrated to maintain a continuoussleep-like state. Opiate medications continue to beadministered to provide pain relief.

The following clinical conditions are usuallypresent: the patient has unendurable symptoms thatare refractory to the standard means of palliationand is near death if not imminently dying. A con-ference with the patient, family members, and mem -bers of the palliative care team is arranged to discussthe option of palliative sedation and to clarify itsgoals, risks, and benefits. Once the option is agreedupon, the patient or surrogate can decide whetherto continue other life-prolonging interventions likenutrition and hydration, which are often clinically

unwarranted and overly burdensome to the dyingpatient.

When speaking of the inappropriate use of mor-phine drips to intentionally hasten dying, clinicianshave used the term “slow euthanasia.”5 Such con-demnation is justified when the infusion rate of thesedating drugs is inappropriately and continuallyincreased, without being adjusted to the patient’ssymptoms or response, until respiratory depressionleads to death. But palliative care experts who viewtheir duty to relieve suffering as a moral imperativeargue persuasively that palliative sedation, whenappropriately employed, is an important optionthat’s morally and clinically distinct from any formof euthanasia.6-8

Euthanasia is defined as the administration ofdrugs with the intention of ending a patient’s life atthe patient’s request. Although it’s illegal in all states,it nonetheless occurs across the country as part of theunderground and unregulated practice of clinician-aided dying.9, 10 Because both palliative sedation andeuthanasia have the same outcome (the patient’sdeath), if the patient or surrogate is not activelyinvolved in the decision to initiate sedation, clini-cians may risk later challenges to their clinical judg-ment about the refractory nature of the symptomsor their intention in providing the sedation. To avoidsuch concerns, clinicians should carefully documentthe patient’s clinical history, all palliative initiativesemployed, and the process of obtaining informedconsent.8 All members of the health care team mustbe informed about the clinical justification for use ofthis palliative measure.

Physician-assisted dying. The majority of Ameri -cans who wish to control the circumstances andtiming of their death cannot legally obtain a physi-cian’s assistance in dying. Oregon was, until last year,the only state to pass a law that permits “decision-ally capable,” terminally ill people to receive a pre-scription for a lethal amount of medication froma physician. (Washington passed a law similar toOregon’s in 2008. Montana has no such legislation,but in December 2008 a Montana judge ruled that

Gertrude told me that in the time since our firstmeeting she’d come to accept that stopping eating anddrinking was the only way she could legally control thecircumstances and, to a degree, the timing of her death.Rose, the hospice nurse, and Susan were present at thesecond meeting. I described each step of the process.Arrangements had to be made before Gertrude’s cho-sen date to begin her fast. Even though Susan intendedto move back to her mother’s apartment to overseeher final days, the family would have to hire two com-petent nurses’ aides to keep Gertrude clean and cared

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for as she became increasingly weak and then bed bound.Susan began to interview prospective aides, several ofwhom Rose had recommended. It was important thatthe aides be able to support Gertrude’s end-of-lifewishes. Gertrude’s housekeeper, who had worked forher for many years, informed Gertrude and Susan thather beliefs as a devout Catholic rendered her incapableof supporting such wishes.

We also discussed what to do if Gertrude changedher mind and asked for something to drink or eat.Although Gertrude assured everyone that such a thing

wouldn’t happen, I described to Susan and Rose anappropriate way to respond in the event that it did.Sometimes patients forget they have made a decisionto stop all oral intake—a consequence of early demen -tia or because of an electrolyte imbalance that causesconfusion. Caregivers should gently remind the patientof the previously made decision to stop eating anddrinking and of the patient’s wish to hasten dying inthis manner. If, after a reminder, the patient stillrequests food or fluid, caregivers should promptlycomply with the request. (Rose acknowledged that

physician-assisted dying was permitted under Mon -tana’s constitution; the ruling is currently underappeal.) In Oregon and Washington, a licensed physi-cian can write a prescription for a lethal amount ofmedication after• a 15-day waiting period separates two verbal

requests and one written one.• the physician determines that the patient is ter-

minally ill, is “decisionally capable,” is making avoluntary and informed request, and has receivedinformation about access to hospice or comfortcare; a second physician must confirm and docu-ment the diagnosis, prognosis, and the absence ofany decision-impairing mental or cognitive disease.11

This social experiment in physician-assisted dyinghas been ongoing in Oregon for almost 12 yearsand has yielded valuable information on what can hap-pen when a practice that was illegal, unregulated,undocumented, and underground becomes open, reg-ulated, and publicly documented. The fears aboutphysician-assisted dying leading to involuntaryeuthanasia turned out to be unfounded. An unex-pected outcome of this legislation is how infre-quently it’s used; another is the dramatic increase inthe use of hospice care by the terminally ill. From1998 to 2008, 401 patients have died using the law.12

There is no “typical” patient who self-administerslethal medication, but thus far the majority are white,college educated, enrolled in hospice, insured, suffer-ing from cancer, and not suffering from inadequatelymanaged pain.12

In October 2006 the Oregon Department ofHuman Services adopted a policy to cease using theterm “physician-assisted suicide” when referring tothose who take advantage of the Oregon Death withDignity Act, a position consistent with the languageof the law, which states that actions taken in accor-dance with the act do not constitute suicide or assistedsuicide. And in 2007 the American Academy ofHospice and Palliative Medicine (AAHPM) pub-lished a position statement explaining its reasonsfor preferring the term “physician-assisted death,”stating that it more accurately describes the processthan “the more emotionally charged designationphysician-assisted suicide.”13 The AAHPM also tooka position of “studied neutrality” on the question ofwhether physician-assisted dying should be legallyregulated or prohibited. In 2006 the HPNA reit-erated its opposition to the legalization of “assistedsuicide.”14

Outside of Oregon and Washington State, clinician-assisted dying, including active euthanasia, existsas an ongoing but secret practice without over-sight or publicly agreed-upon safeguards to ensurethat vulnerable patients provide informed consent,have access to appropriate pain management andhospice care, and make an enduring and voluntaryrequest for assistance in dying. Surveys of non-Oregon nurses have reported that approximately3% of respondents acknowledge intentionally pro-viding patients with lethal injections “without spe-cific request.”10

Although few legal cases specifically address a com-petent person’s choice to stop eating and drinking, intwo New York lower court cases nursing homeadministrators sought legal authorization to compelthe use of feeding tubes in two elderly women whorefused oral intake.19 The judges in these cases refusedto intervene, despite the nursing homes’ appeal to aNew York statute “authorizing prevention of suicide.”

Some clinicians believe that voluntarily stop-ping eating and drinking is morally indistinguish-able from suicide, when suicide is understood tobe the act of intentionally hastening or causingone’s own death. Although no clear consensusexists on the clinical definition of suicide, someclinicians believe that suicide is always morallyimpermissible and consider it unacceptable to give

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a patient information about stopping eating anddrinking.20

Nurses are not required to participate in clinicalpractices that offend strongly held values or beliefs,yet they ought not impose their personal values onpatients if doing so limits patients’ access to infor-mation about legal end-of-life options. There’s grow-ing support for the idea that clinicians who believeit’s morally unacceptable to talk to a patient aboutvoluntarily stopping eating and drinking shouldtransfer care to another clinician who will provideinformation on all legal options.

ETHICAL AND LEGAL VIEWS OF SUICIDE Most people believe they know what suicide is, butthe word can be defined in different ways. Somecourts describe suicide as the self-infliction of deadlyharm with a specific intent to bring about death, or“wrongful self-killing.” Although suicide (attemptedor committed) was once considered a felony, it’s nolonger illegal in any state. But assisting in a suicideis illegal in all states except Oregon and Washington.Most but not all states have laws specifically pro-hibiting assisted suicide, and a number of stateshave made unsuccessful attempts to pass laws per-mitting “aid in dying.” Although all states have aninterest in protecting citizens’ lives and preventingsuicide, a patient’s right to self-determination byforgoing life-sustaining treatment consistently trumpsthose state interests, even when the patient’s deci-sion to forgo treatment is intended to cause her orhis death.

When bioethicists discuss suicide, they begin byusing morally neutral language to define the con-cept, such as “intentional self-killing.” Here theterm “killing” does not imply wrongful behavior,and some acts of intentional killing can be seen asboth morally and legally justified: self-defense, forexample. One ethicist notes that “some self-killingsalso could be construed as justifiable—as acts ofself-defense against intolerable life circumstancesor irremediable suffering.”21 Another writes that,

It is a mistake to define suicide as self-inflicted death. Death is not always a harm

to the one who dies. To describe death as“inflicted” implies its badness or harmful-ness. . . . Common sense supports thinkingthat dying too late can be a harm just asdying too soon can be. If so, death can ben-efit the one who dies. When death is theleast-bad thing that can happen to a person,and nothing better can happen to him, itbenefits him.22

All agree that a critical factor in determining wheth -er to support a patient’s decision to hasten dyingis whether the patient is “decisionally capable” and ismaking a “rational” choice. And some mental healthexperts recognize that chronically or terminally illpatients who seek to die as a means to escape furthersuffering are being “entirely reasonable. . . . [S]uchdecisions can be reached through rational thoughtprocesses and do not necessarily reflect pathologicaldepression or classic suicidal ideation.”23

THE EXPERIENCE OF STOPPING EATING AND DRINKING Patients and their loved ones have increasingly beenspeaking publically about what it’s like to decide tostop eating and drinking. In 1994 a physician writ-ing in JAMA described his mother’s decision to stopeating and drinking after a series of chronic ailments.Eighty-four years old and not terminally ill, she diedpeacefully of dehydration in a nursing home withcomfort care provided by her physician.24 Anotherphysician in Oregon described his reaction when anelderly patient who’d grown increasingly debilitatedby severe arthritis pain chose to stop all oral intake.He said he “watched, surprised, as his sufferingpatient became self-confident and seemingly happy.Her family gathered. . . . Then, without requestingany palliative care—even ice chips—her body rap-idly failed, and she died.”25

As he approached death, Michael Miller, a retiredsurgeon, contacted a journalist and requested that

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she was relieved to hear this strategy.)I also advised giving small doses of analgesia

by transdermal patch rather than by mouth.Although Gertrude had previously been reluc -tant to take pain medication for her severearthritis because she felt it made her toosleepy, she now told Rose that she’d take themedication once she began to fast. After all,she said, she no longer cared if she becamesleepy. We agreed that a hospital bed would keepGertrude safe and make her care easier.

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she document his dying by dehydration in a video.Miller knew that his death from cancer was inevitable;he rejected both assisted suicide and euthanasia, elect-ing instead to stop eating and drinking. The filmmakerdescribed Miller’s sense that he’d regained controlover his death: “Michael felt he was avoiding awretched ending. For him, being a surgeon and usedto being in control, his view of a wretched ending wasabout not having influence over how he leaves. Forhim not eating and drinking was about making thedying process gentler and having some control.”26

What these descriptions share with Gertrude’sstory is an absence of impulsivity, nervousness, guilt,depression, or any other emotional state tradition-ally associated with suicidal behavior. Family orfriends of people who’ve surreptitiously plannedand completed an act of suicide are frequently leftwith unresolved feelings of shock, guilt, and angerat an act they may perceive as selfish or thoughtless.These sentiments are absent from the descriptionsof those present when a loved one chose to stop eat-ing and drinking in order to hasten dying.

Individual nurses must decide how they’ll respondto patients’ requests for information about legal end-of-life options that permit hastened dying. Thosenurses who value patient self-determination andinformed decision making based on all available legaloptions will include a description of voluntarily stop-ping eating and drinking. Others who believe thatstopping eating and drinking is morally equivalent tosuicide may feel unable to discuss this option with theirpatients. These nurses are encouraged to transfer careof such patients to colleagues who feel differently. �

Judith K. Schwarz is a regional clinical coordinator atCompassion and Choices, a nonprofit end-of-life advocacyand consultative organization. Contact author: [email protected]. The author of this article has no significantties, financial or otherwise, to any company that might havean interest in the publication of this educational activity.

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11. State of Oregon, Department of Human Services. FAQsabout the Death With Dignity Act. 2007. http://www.oregon.gov/DHS/ph/pas/faqs.shtml.

12. State of Oregon, Department of Human Services. Table 1.Characteristics and end-of-life care of 401 DWDA patientswho died after ingesting a lethal dose of medication, by year,Oregon, 1998-2008. Salem, OR; 2009. http://www.oregon.gov/DHS/ph/pas/docs/yr11-tbl-1.pdf.

13. American Academy of Hospice and Palliative Medicine.Position Statement: Physician-Assisted Death.Glenview, IL: The Academy; 2007 Feb 14.http://www.aahpm.org/positions/suicide.html.

14. Hospice and Palliative Nurses Association.HPNA Position Statement: Legalization ofAssisted Suicide. Pittsburgh, PA: TheAssociation; 2001/2006.

15. Brody JE. A heartfelt appeal for a graceful exit.New York Times 2008 Feb 5; F6. http://www.nytimes.com/2008/02/05/ health/05brod.html.

16. Matzo ML, Emanual EJ. Oncology nurses’practices of assisted suicide and patient-requested euthanasia. Oncol Nurs Forum1997;24(10):1725-32.

17. Ganzini L, et al. Nurses’ experiences with hos-pice patients who refuse food and fluids to has-ten death. N Engl J Med 2003;349(4):359-65.

For more than 24 additional continuing nursingarticles related to the topic of palliative care,go to www.nursingcenter.com/ce.

Susan interviewed prospective aides; Rose ordereda hospital bed and supplies. Gertrude was impatientto begin. I explained that these preparations wereimportant, and she chose a date that everyone couldsupport. The housekeeper moved out, and Susan movedinto the spare bedroom. The new aides were hiredand were ready to begin. We met again the day beforeGertrude’s fasting date. After I told her that she’dprobably be very sleepy after a few days of fasting, andthat then she’d slip into a coma from which shewouldn’t awaken, she asked me, “How will I know

that I have died?” I couldn’t answer her.I came back to visit with Susan and her

mother on the fourth day of Gertrude’sfast. She was asleep and looked peaceful;her skin was luminous. She received excel-lent care, and even though she might nothave been able to hear, Susan kept classi-cal music playing softly in her roomaround the clock. Gertrude died,without ever waking again, dur-ing the night of day 10.

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18. Miller FG, Meier DE. Voluntary death: a comparison of ter-minal dehydration and physician-assisted suicide. AnnIntern Med 1998;128(7):559-62.

19. Cantor NL, Thomas GC III. The legal bounds of physicianconduct hastening death. Buffalo Law Rev 2000;48(1):83-173.

20. Jansen LA, Sulmasy DP. Sedation, alimentation, hydration,and equivocation: careful conversation about care at theend of life. Ann Intern Med 2002;136(11):845-9.

21. Attig T. Rational suicide in terminal illness: the ethics ofintervention and assistance. In: Doka KJ, et al., editors.Living with Grief: Ethical Dilemmas at the End of Life.Washington, DC: Hospice Foundation of America; 2005. p. 175-97.

22. Stell L. Physician-assisted suicide: to decriminalize or tolegalize, that is the question. In: Battin MP, et al., editors.Physician Assisted Suicide: Expanding the Debate. New York:Routledge; 1998. p. 225-51.

23. Cohen LM, et al. Psychiatric evaluation of death-hasteningrequests: lessons from dialysis discontinuation. Psychosomatics2000;41(3):195-203.

24. Eddy DM. A piece of my mind: a conversation with mymother. JAMA 1994;272(3):179-81.

25. Jacobs S. Death by voluntary dehydration—what the care-givers say. N Engl J Med 2003;349(4):325-6.

26. Vetter P. “Dying wish” documents death of Dr. Michael Millerwith conscious choice to stop eating and drinking. AmericanChronicle 2008 Jul 28. http://www.americanchronicle.com/articles/view/69683.

GENERAL PURPOSE: To describe for registered profes-sional nurses stopping eating and drinking in patientswithin a context of other clinical practices associatedwith hastening dying, and to address the ethical andlegal implications of this practice.

LEARNING OBJECTIVES: After reading this article and taking the test on the next page, you will be able to• outline the key factors presented here related topatients’ decisions to stop eating and drinkingto hasten death.

• summarize the legal and ethical implications ofpatients’ decisions to stop eating and drinking tohasten death.

TEST INSTRUCTIONSTo take the test online, go to our secure Web site at www.nursingcenter.com/ce/ajn.To use the form provided in this issue, • record your answers in the test answer section of theCE enrollment form between pages 40 and 41. Eachquestion has only one correct answer. You may makecopies of the form.

• complete the registration information and courseevaluation. Mail the completed enrollment form andregistration fee of $21.95 to Lippincott Williams andWilkins CE Group, 2710 Yorktowne Blvd., Brick, NJ08723, by September 30, 2011. You will receive yourcertificate in four to six weeks. For faster service, includea fax number and we will fax your certificate withintwo business days of receiving your enrollment form.You will receive your CE certificate of earned contacthours and an answer key to review your results. Thereis no minimum passing grade.

DISCOUNTS and CUSTOMER SERVICE• Send two or more tests in any nursing journal publishedby Lippincott Williams and Wilkins (LWW) together, anddeduct $0.95 from the price of each test.

• We also offer CE accounts for hospitals and otherhealth care facilities online at www.nursingcenter.com. Call (800) 787-8985 for details.

PROVIDER ACCREDITATIONLWW, publisher of AJN, will award 2.4 contact hours forthis continuing nursing education activity.LWW is accredited as a provider of continuing nursing

education by the Commission on Accreditation of theAmerican Nurses Credentialing Center (ANCC).This activity is also provider approved by the California

Board of Registered Nursing, Provider Number CEP11749 for 2.4 contact hours. LWW is also an approvedprovider of continuing nursing education by the District ofColumbia and Florida #FBN2454. LWW home studyactivities are classified for Texas nursing continuingeducation requirements as Type I.Your certificate is valid in all states.The ANCC’s accreditation status of the LWW Department

of Continuing Education refers to its continuing nursingeducational activities only and does not imply Commissionon Accreditation approval or endorsement of any commercialproduct.

TEST CODE: AJN0909B

Continuing EducationHOURS

EARN CE CREDIT ONLINEGo to www.nursingcenter.com/ce/ajn and receive a certificate within minutes.