Death With Dignity in New Hampshire

New Hampshire is considering an aid in dying law that would allow terminally ill patients to request life-ending medication.

By , MSLIS · Long Island University

In recent years there has been a dramatic increase in the number of states considering death with dignity laws. Sometimes called "medical aid in dying," "assisted suicide," or "right to die" 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 is one of just a few states that allow terminally ill patients to legally end their lives.

New Hampshire's 2024 End of Life Options Act

New Hampshire's legislators have attempted to pass an aid-in-dying law for years. For the 2024 legislative session, lawmakers have introduced another death with dignity bill called the New Hampshire End of Life Options Act (HB1283) that would allow terminally ill patients who meet certain requirements to request life-ending medication.

This article first clarifies some confusing language related to death with dignity laws and then sets out the basics of New Hampshire'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, New Hampshire's proposed law states that terminating one's life under the law is not suicide. (See HB1283, Section 137-M:9.)

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.

You may also see the phrase "right to die" used in place of "death with dignity" or "medical 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 Hampshire living will and durable health care power of attorney. (See the end of this article for more information.)

An Overview of New Hampshire's End of Life Options Act

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

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

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

  • The patient gives a written request to their health care provider, signed in front of two qualified, adult witnesses. (The law sets out the specific form that the patient must use.)
  • The provider confirms that the patient is enrolled in a Medicare-certified hospice program or sends the patient to another health care provider to confirm the patient's eligibility for medical aid in dying.
  • The patient has a psychological examination, if either the prescribing provider or the consulting provider feels the patient's judgment is impaired.
  • The prescribing provider confirms that the patient is not being coerced or unduly influenced by others when making the request.
  • The prescribing provider informs the patient of any feasible alternatives to the medication, including care to relieve pain and keep the patient comfortable.
  • The prescribing provider 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.

You can read the full text of New Hampshire's End of Life Options Act on the General Court of New Hampshire's website.

Learn More

To find out more about the history and current status of medical aid in dying 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 11, 2024

Ready to create your will?

Get Professional Help
Talk to an Estate Planning attorney.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please enter a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Please enter a valid Case Description
Description is required

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you