“Montana physicians can feel safe that in providing aid in dying they don't run risk of criminal prosecution,” she said. “We know aid in dying happens in every state, even where the legality is unclear. In Montana, this [decision] brings clarity to this issue.”
Ms. Tucker added that most medical care “is not governed by statute; it's governed by the standard of care and best practices. So most physicians will approach aid in dying in Montana as something regulated by the standard of care. I think what's going to happen with Montana … [is that this case] will move aid in dying into normal medical practice that's governed by the standard of care and we'll get away from the notion that there need to be elaborate statutes.”
As to whether other states will adopt aid-in-dying statutes, “It's almost like gay marriage,” Mr. Zaremski said. “Gay marriage and rights for gay couples was an unknown and foreign concept, and now it's inching forward bit by bit, so maybe someday aid in dying will be the norm and not the exception.”