New York's Medical Aid in Dying Act

In recent years there has been a dramatic increase in the number of states considering death with dignity laws. Sometimes called "assisted suicide," "right to die," or "medical aid in dying" initiatives, these laws make it possible for terminally ill patients to use prescribed medication to end their lives peacefully rather than suffering a painful and protracted death.

The catalyst for greater national attention to this issue was 29-year-old Brittany Maynard, a woman diagnosed with terminal brain cancer who moved from California to Oregon to end her life in 2014. Maynard chose Oregon because California had not yet passed its aid-in-dying law, and Oregon was one of just a few states that allow terminally ill patients to legally end their lives.

New York's 2023-2024 Medical Aid in Dying Act

Spurred by Maynard's decision and the resulting publicity, the New York State Assembly has introduced a number of death with dignity bills since 2015. New York legislators are now considering a bill called the Medical Aid in Dying Act (numbered S2445 in the state senate and A995 in the assembly), that would allow terminally ill patients who meet certain requirements to request life-ending medication. A poll conducted in January 2024 showed that 72% of New York voters support death with dignity, up from 63% in 2018.

This article first clarifies some confusing language related to death with dignity laws and then sets out the basics of New York's proposed law.

Death With Dignity, Assisted Suicide, Right to Die: What's in a Name?

"Death with dignity" and "medical aid in dying" are two of the most commonly accepted phrases describing the process by which a terminally ill person ingests prescribed medication to hasten death. Many people still think of this process as "assisted suicide" or "physician assisted suicide." However, proponents of death with dignity argue that the term "suicide" doesn't apply to terminally ill people who would prefer to live but, facing certain death within months, choose a more gentle way of dying. In fact, the bill being considered in New York clearly states that terminating one's life under the law is not suicide. (See S2445, Section 2899-n and A995, Section 2899-n.)

Increasingly, health organizations are turning away from the term "suicide" to describe a terminally ill patient's choice to reduce the suffering of an inevitable death. The phrase "aid in dying" is becoming a more accepted way to refer to this process. For example, New York's proposed law uses the phrase "aid in dying" in its name.

You may also see the phrase "right to die" used in place of "death with dignity" or "aid in dying." However, "right to die" is more accurately used in the context of directing one's own medical care—that is, refusing life-sustaining treatment such as a respirator or feeding tubes when permanently unconscious or close to death. You can provide your own health care directions by completing a New York health care proxy and a living will. (See the end of this article for more information.)

An Overview of New York's Medical Aid in Dying Act

New York's Medical Aid in Dying Act is modeled closely on Oregon's Death With Dignity Act, which took effect in 1997. If New York's law passes, a patient requesting aid-in-dying medication will have to be:

• at least 18 years old
• a New York resident
• mentally capable of making and communicating health care decisions, and
• diagnosed with a terminal illness or condition that will result in death within six months.

A patient who meets the basic requirements above will be prescribed aid-in-dying medication only if:

• The patient makes a verbal request to their doctor.
• The patient gives a written request to the doctor, signed in front of two qualified, adult witnesses. (The proposed law sets out the specific form that the patient must use.)
• The prescribing doctor and one other doctor confirm the patient's diagnosis and prognosis.
• The prescribing doctor and one other doctor determine that the patient is capable of making medical decisions.
• The patient has a psychological examination, if either doctor feels the patient's judgment is impaired.
• The prescribing doctor confirms that the patient is not being coerced or unduly influenced by others when making the request.
• The prescribing doctor informs the patient of any feasible alternatives to the medication, including care to relieve pain and keep the patient comfortable.
• The prescribing doctor asks the patient to notify their next of kin of the prescription request. (The doctor cannot require the patient to notify anyone, however.)
• The prescribing doctor offers the patient the opportunity to withdraw the request for aid-in-dying medication before granting the prescription.

To use the medication, the patient must be able to ingest it on their own. A doctor or other person who administers the lethal medication may face criminal charges.

In addition, no other person—such as a health care agent or surrogate—may make a request for aid-in-dying medication on behalf of the patient. And you may not include a request for aid-in-dying medication in your advance health care directive.

You can read the full text of New York's Medical Aid in Dying Act on the New York State Assembly website.

Learn More

To find out more about the history and current status of death with dignity laws in the United States, visit the website of the Death With Dignity National Center.

For information about appointing a health care agent and making known your own wishes for medical care at the end of life, see the Living Wills & Medical Powers of Attorney section of Nolo.com.

Updated March 6, 2024