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SB 136

Prohibit consent as a defense for physician assisted suicide

2025 Regular Session Introduced by Carl Glimm

SB 136 would criminalize physician-assisted suicide in Montana by removing patient consent as a legal defense, reversing decades of state law permitting medical aid in dying.

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Bill Summary · SB 136

Legislative bill overview

SB 136 would eliminate "consent" as a legal defense in physician-assisted suicide cases in Montana, effectively prohibiting the practice even when a patient voluntarily requests it. This directly challenges Montana's current legal framework, which permits medical aid in dying under specific circumstances through the 1997 court decision in Baxter v. State and subsequent legislation.

Why is this important

Montana is one of a handful of states where physician-assisted death is legally permitted with patient consent. This bill would represent a significant reversal of established state law and would criminalize a medical practice that terminally ill patients currently use. The outcome affects end-of-life autonomy rights and reflects ongoing national debate about medical ethics, state authority, and individual choice in death-related decisions.

Potential points of contention

  • Constitutional concerns: Eliminating consent as a defense may face legal challenges based on Montana's constitutional protections of individual dignity and privacy rights that underpinned the original Baxter decision
  • End-of-life autonomy: Opponents argue terminally ill patients should retain choice over their own deaths, while supporters contend the state has compelling interests in protecting vulnerable populations
  • Medical ethics divide: Disagreement between physicians and advocacy groups over whether aid in dying aligns with medical practice standards versus the principle of "do no harm"

Compiled from official sources — confirm details with the bill’s official record.

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