Kathy Hochul, the Governor of New York, has officially enacted the Medical Aid in Dying Act, allowing physician-assisted suicide for terminally ill patients with a prognosis of six months or less to live. The law was signed on February 6, 2024, and introduces several safeguards to ensure the measure is used responsibly.
Under the new law, terminally ill patients must submit a written request for life-ending medication, which must be signed by two witnesses. This process is designed to confirm that the patient is not being coerced into making this decision. The request requires approval from both the attending physician and a consulting physician, emphasizing a thorough evaluation process.
In a press release, Hochul highlighted the importance of incorporating “additional guardrails” to protect vulnerable patients. Key provisions include a mandatory waiting period of five days between the prescription being written and filled, along with the necessity for an audio or video recording of the patient’s oral request. Furthermore, patients must undergo a mental health evaluation, and those who could gain financially from the patient’s death are disqualified from serving as witnesses or interpreters. Residency in New York is also a requirement for eligibility.
The law mandates that the initial evaluation of a patient must occur in person, and it allows religiously-oriented home hospice providers to opt out of participating. Violations of the law will be considered professional misconduct under the state’s Education Law.
Hochul stated, “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.” She reflected on her personal connection to the issue, recounting her experience witnessing her mother’s struggle with ALS and the pain associated with terminal illness.
The Governor further explained that the legislation took years of collaboration with lawmakers, health experts, and families who have experienced similar situations. “New Yorkers deserve the choice to endure less suffering, not by shortening their lives, but by shortening their deaths,” she said.
Local lawmakers voiced their support for the new law. Assemblymember Sarahana Shrestha, who represents the 103rd District, expressed relief that the bill had passed, emphasizing its significance for constituents who have witnessed painful deaths of loved ones. She stated, “This is about a matter of individual choice that does not have to be about shortening life but rather about shortening dying.”
Similarly, Ulster County Executive Jen Metzger, a former co-sponsor of the bill, praised the legislation for its humane approach. “No one should have to suffer needlessly at end of life,” Metzger remarked, highlighting the law’s provision for terminally ill patients to die on their own terms.
Conversely, concerns have been raised about the implications of this policy change. Assemblymember Brian Maher, representing the 101st District, voiced apprehension regarding the potential message the law sends about the value of life. He stated, “We must ensure that all New Yorkers — especially our most vulnerable, including the disabled and those facing chronic or terminal conditions — are afforded dignity, care, and access to comprehensive options such as palliative and hospice care without feeling coerced or pressured into irreversible choices.”
This legislation marks a significant shift in end-of-life care options in New York, offering terminally ill patients a new avenue for control over their suffering. As the law prepares to take effect in six months, health care facilities will work to implement necessary regulations and training for staff to comply with the new guidelines.
