Gov. Hochul Signs Medical Aid In Dying Act

Kathy Hochul

Governor Kathy Hochul has signed the Medical Aid In Dying Act.

The bill allows medical aid in dying to be available to terminally ill New Yorkers with less than six months to live.

Hochul said, “Our state will always stand firm in safeguarding New Yorkers’ freedoms and right to bodily autonomy, which includes the right for the terminally ill to peacefully and comfortably end their lives with dignity and compassion.”

The bill, as passed by the State Legislature originally included a number of protections in order to ensure that no patient was coerced into choosing medical aid in dying and that no health care professional or religiously affiliated health facility would be forced to offer medical aid in dying. Hochul worked with the Legislature to include additional guardrails that will make sure people won’t be taken advantage of, while still ensuring terminally ill New Yorkers have the choice to die comfortably and on their own terms, including:

• A mandatory waiting period of 5 days between when a prescription is written and filled.
• An oral request by the patient for medical aid in dying must be recorded by video or audio.
• A mandatory mental health evaluation of the patient seeking medical aid in dying by a psychologist or psychiatrist.
• A prohibition against anyone who may benefit financially from the death of a patient from being eligible to serve as a witness to the oral request or an interpreter for the patient.
• Limiting the availability of medical aid in dying to New York residents.
• Requiring that the initial evaluation of a patient by a physician be in person.
• Allowing religiously-oriented home hospice providers to opt out of offering medical aid in dying.
• Ensuring that a violation of the law is defined as professional misconduct under the Education Law.
• Extending the effective date of the bill to six months after signing to allow the Department of Health to put into place regulations required to implement the law while also ensuring that health care facilities can properly prepare and train staff for compliance.