In the 2021 legislative session, New Mexico lawmakers passed a death with dignity bill called the End-of-Life Options Act (HB47). Governor Michelle Lujan Grisham signed the bill into law April 8, 2021, and it will take effect on June 18, 2021. The End-of-Life Options Act allows terminally ill patients to request aid in dying in certain clearly defined situations.
This article first clarifies some confusing language related to death with dignity laws, and then sets out the basics of New Mexico's law.
“Death with dignity” is one 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 Mexico's law states that terminating one's life under the law is not suicide. (See HB47, Section 8.)
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.” 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 Mexico living will and durable power of attorney for health care. (See the end of this article for more information.)
To request aid-in-dying medication in New Mexico, a patient must be:
A patient who meets the requirements above will be prescribed aid-in-dying medication only if:
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 could face criminal charges.
You can read the full text of the End-of-Life Options Act on the New Mexico legislature's website.
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 April 16, 2021