New York recently joined 12 other states and the District of Columbia in legalizing medically assisted suicide for the terminally ill.
The new law, known as the Medical Aid in Dying Act, makes medical assistance in dying available to terminally ill New Yorkers with less than six months to live. Gov. Kathy Hochul said she signed the law after advocacy organizations and everyday New Yorkers shared personal experiences with her.
“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,” Governor Hochul said in a press release. “This journey was deeply personal for me. Witnessing my mother’s suffering from ALS was an excruciating experience, knowing there was nothing I could do to alleviate the pain of someone I loved.”
The Medical Aid in Dying Act allows doctors to prescribe lethal pills to patients who have less than six months to live and no hope of recovery.
The law, which applies only to adult New York residents, includes a number of guardrails to ensure patients aren’t coerced into choosing medical aid in dying and that health care professionals are not forced to offer assistance in dying. It does not apply to anyone deemed without capacity for medical decision-making so automatically excludes individuals with intellectual and developmental disabilities who have court-appointed guardians to handle medical decision-making. The law also requires that the individual requesting the lethal medication be capable of self-administering the prescription once received. This may effectively prevent individuals with severe physical limitations and conditions from being able to avail themselves of the relief the new law was meant to provide.
The effective date of the bill has been extended six months to allow the state’s Department of Health to implement regulations and ensure health care facilities can properly prepare and train staff for compliance. As the medication compounding will only be handled by a limited number of pharmacies, this further limits access.
It took a decade to pass the law after a version was first introduced in 2016. Advocates have long argued in favor of allowing individuals the dignity to choose to avoid prolonged suffering while those in opposition feared coercion by heirs or caregivers, potential for abuse of the disabled, lack of oversight in the moment of death, religious objections regarding the sanctity of life and normalization of suicide. As passed, the law attempts to strike a balance.
Practically, if someone wishes to use medical aid in dying the process must be initiated by the patient. The doctor receiving the request must then offer alternatives, such as palliative and hospice care. If the patient’s doctor evaluates the patient as mentally fit to make the decision, a second doctor is required to evaluate the patient and sign off on the request.
Here’s what else the law requires:
- A mandatory five-day waiting period between when a prescription is written and filled.
- The patient’s oral request of medical aid in dying must be recorded by video or audio.
- The patient making the request must undergo a mandatory mental health evaluation by a psychologist or psychiatrist.
- Anyone who may benefit financially from a patient’s death is prohibited from serving as a witness to the oral request or as an interpreter for the patient.
- A physician’s initial evaluation of a patient must be made in person.
- Religiously-oriented providers may opt out of offering medical aid in dying.
- Ensuring that a violation of the law is defined as professional misconduct under the Education Law.
In addition to the District of Columbia, New Jersey, Maine, Vermont, Delaware, California, Hawaii, Colorado, Illinois, New Mexico, Washington, Montana and Oregon have legalized medical assistance with dying.
Our Trusts and Estates Practice Group routinely tracks matters of elder law. If you have questions or concerns, please reach out to attorney Lisa M. Powers at (585) 419-8869 and lpowers@harrisbeachmurtha.com; or the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
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