New York’s Medical Aid in Dying Act (A136/S138) is currently awaiting Governor Kathy Hochul’s signature. If signed, it marks a tremendous moment in the state’s approach to end-of-life care and adds New York to the growing number of states that already allow terminally ill, mentally competent adults to end their lives with the assistance of prescribed medication.
Designed for individuals facing a terminal diagnosis, with six months to live, and no remaining options for a cure, the Act seeks to provide a compassionate choice while incorporating strict safeguards to ensure dignity, autonomy, and informed consent. Among the guardrails in place is the requirement that the patient submit a witnessed request and that two healthcare professionals (in addition to the witnesses of the request) determine the individual’s mental capacity for informed consent. Thereafter, the individual may request a prescription from their healthcare provider for a medication they can self-administer to die peacefully.
In addition to the multi-step request process, the legislation also ensures that healthcare providers who deliver care or choose not to participate in the provision of medication, are legally protected from professional, civil or criminal liability for acting so long as their actions do not constitute negligence, recklessness, or intentional misconduct. Nor shall any health care provider be under any duty, by law or by contract, to participate in the provision of medication should they be unable or unwilling to do so.
Once enacted, the new law will introduce significant changes for healthcare providers in New York as far as professionals will need to navigate new responsibilities, including verifying eligibility, documenting requests, and ensuring compliance with strict procedural safeguards. Among the legal implications for New York practices will be the need to update policies and train staff related to the many complex questions that will arise. Therefore, it is important to seek legal counsel on compliance and risk management, as well as the preparation of internal policies that align with the Act’s requirements.
(This blog, prepared by Campanella Law Office, is for general informational purposes only and is not intended to convey specific legal advice, nor is it intended to create or constitute an attorney-client relationship.)