Medical Aid in Dying

Medical Aid in Dying is a process by which a patient and their doctor provide care to shorten death with a prescription for life ending medication. The patient must self-administer this medication, if he or she chooses to do so, in order to have a peaceful death.

The Medical Aid in Dying Act (A. 136/S. 138)

The Medical Aid in Dying Act in NY  became law in February, 2026 when Governor Hochul signed the legislation, although it will not be implemented until August, 2026. It is currently legal in twelve additional states (Oregon, Washington, California, Montana, Colorado, Hawaii, Vermont, Maine, New Mexico, New Jersey, Delaware and Illinois) and the District of Columbia.

Medical Aid in Dying is rarely used; only about one in three hundred deaths occur in this manner in states where the practice is legal and about one third of patients who obtain the medications do not take them. However, dying patients are enormously comforted knowing that this option is available.

EOLCNY Intake Form for Medical Aid in Dying Support

The End of Life Choices New York’s Intake Form collects important information from patients to better understand their journey and to help us better navigate their end-of-life options and resources as available. If you are a patient considering Medical Aid in Dying, please use this form to get us started.

If you need help completing the intake, please reach out to us at info@eolcny.org or call us at 212-726-2010.

End of Life Choices New York (EOLCNY) welcomes you to this guide to understanding Medical Aid in Dying (MAiD) and the process in New York State for accessing this end of life option.

 

This guide is intended for individuals considering MAiD, explains the process for accessing MAiD, and indicates what to expect throughout the process. Please reach out to us for additional support, including referrals to providers across the state, at info@eolcny.org.

 

 

10 Reasons Why Medical Aid in Dying is a Reasonable End of Life Option

Medical Aid in Dying is a medical end of life option that benefits patients. It occurs when a terminally ill, mentally competent adult patient, who is likely to die within six months, takes prescribed medicines, which must be self-administered, to end suffering and achieve a peaceful death. It is now legal in 13 states and the District of Columbia, with 1 in 3 adults residing a state where MAID is legal.

1. Medical Aid In Dying is a proven safe and ethical medical practice.

Evidence from states which permit Medical Aid In Dying has unequivocally demonstrated that it works as intended. It has been proven to be a reliable, painless method to shorten death.

2. Medical Aid In Dying is the best end of life option for some patients.

Palliative care and hospice can adequately address most, but not all, suffering at the end of life. For those whose suffering can not be alleviated by palliative care, access to Medical Aid In Dying has made the difference between torment and a merciful, peaceful death. It also allows patients control over the timing of their death, allowing family and loved one to be present if that is what the patient wants.

3. Medical Aid In Dying is not suicide.

The Who die by suicide often suffer from a mental illness. People who complete suicide could continue to live but chose not to. They often die in isolation, often impulsively and violently, and their deaths are tragic. In contrast, Medical Aid In Dying is available only to terminally ill patients who will soon die. It is the result of a carefully thought out process that usually takes at least several weeks. It requires consultation with two physicians who must document their findings that the person is terminally ill and has decision making capacity. A third qualified health care professional must assess that the patient is not suffering from a mental illness that interferes with this capacity. Medical aid in dying almost always includes support of immediate family.

4. In New York, there are strict limits on eligibility for Medical Aid In Dying.

There are numerous other safeguards in addition to those mentioned above, including at least one oral request and one written request witnessed by two adults, neither of whom can benefit from the estate of the person. There is a 5 day waiting period from the time the prescription is written until the patient can ingest the medications, giving the patient time to reconsider if they want to take the medications.

5. There is no evidence of harm to vulnerable populations.

There is no evidence of disproportionate impact on the elderly, people with disabilities, people of color or those without health insurance nor is there any evidence of any coercion or abuse. The Executive Director of Disabilities Rights Oregon stated in 2016 that “DRO has not received a complaint of exploitation or coercion of an individual with disabilities in the use of Oregon’s Death with Dignity Act”.

6. Medical Aid In Dying helps family members cope with loss.

Studies show that family members of those who request Medical Aid In Dying feel better prepared and are more accepting of the death, and that there are no negative effects.

7. In states where it is legal, Medical Aid In Dying is rarely used.

Only about one in three hundred deaths occur in this manner in states where the practice is legal. And about one third of patients who obtain the medications do not take them. However, dying patients are comforted knowing that this option is available.

8. A substantial majority of New Yorkers support Medical Aid In Dying.

Polls consistently show that New Yorkers across the state support Medical Aid In Dying. Polling across all demographics, including political, religious, socioeconomic, age and race, show a consistent majority of support.

9. Most doctors support Medical Aid In Dying.

Physicians in New York support the Medical Aid in Dying Act by more than a 3 to 1 margin, 67% to 19%, according to a recent poll, as does the Medical Society of the State of New York and the New York Academy of Family Physicians.

10. There are no valid arguments as to why mentally competent, terminally ill patients should not have the right to Medical Aid In Dying.

Medical Aid In Dying is a safe, ethical medical practice. Opponents continue to raise fears, concerns and speculations. Years ago, when there was relatively little experience with the practice, this was understandable. However, evidence accumulated in the past two decades demonstrates that there is no real basis for such concerns; the arguments raised in opposition to Medical Aid In Dying have been refuted. Indeed, the open discussions between doctors and patients that are encouraged by such laws have led to a general improvement in end of life care, with more patients seeking and obtaining palliative care and hospice management, regardless of whether they ultimately elect Medical Aid In Dying.

End of Life Choices New York Endorses Three Hospice Participation Policies for Medical Aid in Dying:

In collaboration with The Academy of Aid-in-Dying Medicine, End of Life Choices New York convened a committee of experts in the fields of hospital administration, law, patient-centered healthcare and ethics to create three hospice policies. These policies are meant to be templates for hospices to adapt as they need  so they can practice excellent aid-in-dying care that is aligned with their own policies, values and clinical expertise. To review the three policies outlined below, please visit The Academy of Aid-in-Dying Medicine.

Hospices Template for Aid in Dying Non-Participation

Organization does not participate in any medical aid in dying activities. Organizational physicians and staff will not prescribe, facilitate, or be present for medical aid in dying. The Organization will continue to provide hospice care to enrolled home care patients who independently pursue medical aid in dying.

Hospices Template for Aid in Dying Selective Participation

Hospice doctors are not involved. They refer to community physicians for medical-aid-in-dying consultations and prescriptions. Staff may be present at self-administration, with organizational approval and at request of family.

Hospices Template for Aid in Dying Comprehensive Participation

Hospice doctors may be attending/prescribing physicians or attending/prescribing physicians. Staff may be present at self-administration of aid-in-dying medications, with organizational approval and at the request of the family.

The Seven Essentials Course

The Academy of Aid-in-Dying Medicine is the leading national research, information, and training organization establishing evidence-based practices in aid-in-dying clinical care.

Equipping frontline clinicians to confidently care for patients considering or completing aid in dying, the series curates top materials, delivering the latest evidence-based recommendations and best practices.

Course content is free to view.

Support the Medical Aid in Dying Act

Legalizing Medical Aid in Dying is only the beginning. If you are a professional working with patients considering this option, please take our survey now so we know who to refer people to. Further, your donation allows us to provide public education and referrals and no cost to the public. Make your donation today!