New York launches requirements for medical aid in dying

Buffalo, N.Y. (WBEN) - The New York State Department of Health announced on Wednesday the start of the public comment period for proposed regulations establishing reporting requirements for the State’s Medical Aid in Dying law.

“Medical aid in dying addresses deeply personal decisions that may arise for individuals facing a terminal illness and their loved ones,” said State Health Commissioner Dr. James McDonald in a statement. “This legislation reflects years of thoughtful planning and consideration, and the Department is committed to implementing the law thoughtfully and responsibly. As the effective date approaches, it is important that New Yorkers have the opportunity to review and understand measures designed to provide dignity and comfort at the end of life.”

New York Gov. Kathy Hochul signed the legislation into law on Feb. 6, allowing terminally ill New Yorkers with less than six months to live to make a voluntary, informed decision to request medication for medical aid in dying.

There are significant protections built into the law to ensure it is not misused or inappropriately applied. These protections include the following:

• An oral request by the patient for medical aid in dying, recorded by video or audio.
• A signed, written request by the patient for medical aid in dying, with two witnesses.
• A mandatory mental health evaluation of the patient seeking medical aid in dying by a psychologist or psychiatrist to determine decision-making capacity.
• A determination by an attending physician and a consulting physician that the patient has a terminal illness or condition and has decision-making capacity.
• A mandatory waiting period of 5 days between when a prescription is written and filled.
• A prohibition against anyone who may benefit financially from the death of a patient from being eligible to serve as a witness or an interpreter for the patient.
• A requirement that the attending physician fully inform the patient of feasible alternatives and appropriate treatment options, including palliative care and hospice care.
• A requirement that the patient must self-administer the medication.

Participation in medical aid in dying is voluntary. No physician, pharmacist, other healthcare provider or other person shall be subject to liability or penalty or professional disciplinary action by any government entity for taking any reasonable good-faith action or refusing to act under the Medical Aid in Dying law. A healthcare provider who declines to honor a patient’s request for medical aid in dying must arrange for transfer of the patient.

Additional public information, including comprehensive guidance and resources, will soon be available on the Department’s website.

The Medical Aid in Dying law goes into effect Aug. 5, 2026.