Michigan is the State which had to deal with shutting down Kevorkian, who participated in the deaths of more than 100 people there (most of them AFTER his medical license was revoked). Michigan has worked on this problem longer and harder than any other State. They passed two different bills to deal with Kevorkian: First they enacted a temporary statute, and also created a study commission to examine the problem. Then, in 1998, after receiving the commission's report, they enacted their current (permanent) law.

I think it is instructive to look at their law. It is clear and concise, and it does not have any of the loopholes that are in the current version of S145. You may read it here:
http://www.michiganlegislature.org/law/mileg.asp?page=getObject&objName=mcl-750-329a

(That law replaces the following temporary statute, which Michigan had enacted in 1992:
http://www.michiganlegislature.org/law/mileg.asp?page=getObject&objName=mcl-752-1027
The temporary statute was enacted along with the following provision, which created the study commission:
http://www.michiganlegislature.org/law/mileg.asp?page=getObject&objName=mcl-752-1023)

The study commission (the “Michigan Commission on Death and Dying”) consisted of: two members appointed by each of the following:

(a) American association of retired persons.

(b) American civil liberties union of Michigan.

(c) Citizens for better care.

(d) Health care association of Michigan.

(e) Hemlock of Michigan.

(f) Michigan association for retarded citizens.

(g) Michigan association of osteopathic physicians and surgeons.

(h) Michigan association of suicidology.

(i) Michigan council on independent living.

(j) Michigan head injury survivor's council.

(k) Michigan hospice organization.

(l) Michigan hospital association.

(m) Michigan nonprofit homes association.

(n) Michigan nurses association.

(o) Michigan psychiatric society.

(p) Michigan psychological association.

(q) Michigan senior advocates council.

(r) Michigan state medical society.

(s) National association of social workers, Michigan division.

(t) Right to life of Michigan, inc.

(u) State bar of Michigan.

(v) Prosecuting attorneys association of Michigan.

This is Michigan’s law, the result of six years of study and deliberation:

THE MICHIGAN PENAL CODE (EXCERPT)

Act 328 of 1931

750.329a Intent to assist individual in suicide; prohibited conduct; felony; exception; effect of common law offense.

Sec. 329a.

(1) A person who knows that an individual intends to kill himself or herself and does any of the following with the intent to assist the individual in killing himself or herself is guilty of criminal assistance to the killing of an individual, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both:

(a) Provides the means by which the individual attempts to kill himself or herself or kills himself or herself.

(b) Participates in an act by which the individual attempts to kill himself or herself or kills himself or herself.

(c) Helps the individual plan to attempt to kill himself or herself or to kill himself or herself.

(2) This section does not apply to withholding or withdrawing medical treatment.

(3) This section does not prohibit a prosecution under the common law offense of assisting in a suicide, but a person shall not be convicted under both this section and that common law offense for conduct arising out of the same transaction.

History: Add. 1998, Act 296, Eff. Sept. 1, 1998 .

© 2003 Legislative Council, State of Michigan