Washington's Death With Dignity Law

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 other states to allow terminally ill patients to legally end their lives.

Washington was the second state to adopt a Death With Dignity Act, after Oregon became the first to do so in 1997. Washington voters approved the law in the 2008 general election, and it took effect in 2009. In 2023, the latest year for which statistics are available, 545 people received prescriptions under the act and 427 used the the prescribed medication to die. (For additional statistics, see the 2023 Death With Dignity Act Report published by the Washington State Department of Health.)

This article first clarifies some confusing language related to death with dignity laws and then sets out the requirements for obtaining a prescription for life-ending medication under Washington's law.

Death With Dignity, Medical Aid in Dying, Assisted Suicide, Right to Die: What's the Difference?

The terms "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, Washington's Death With Dignity Act specifically states that terminating one's life under the law is not suicide. (Wash. Rev. Code § 70.245.180 (2025).)

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 "medical 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 Washington living will (health care directive) and durable power of attorney for health care. (See the end of this article for more information.)

Death With Dignity Requirements in Washington

Medical providers and patients must comply with certain legal requirements before a patient can receive a prescription for aid-in-dying medication under Washington's Death With Dignity Act.

To request a prescription for life-ending medication in Washington, the patient must be:

• at least 18 years old
• a Washington resident
• mentally capable of making and communicating health care decisions, and
• diagnosed with a terminal illness 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 makes two verbal requests to their primary medical provider (who can be a physician assistant, an advanced practice registered nurse, or a doctor), at least seven days apart.
• The patient gives a written request to the provider, signed in front of two qualified, adult witnesses. (You can find the required Request for Medication form on the website of the Washington State Department of Health.)
• The prescribing provider and one other provider confirm the patient's diagnosis and prognosis.
• The prescribing provider and one other provider determine that the patient is capable of making medical decisions.
• The patient has a psychological examination, if either provider feels the patient's judgment is impaired.
• 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 asks the patient to notify their next of kin of the prescription request. (The provider cannot require the patient to notify anyone, however.)
• The prescribing provider offers the patient an opportunity to withdraw the request for aid-in-dying medication before granting the prescription.

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

To read Washington's Death With Dignity Act, see Wash. Rev. Code §§ 70.245.010 and following.

Learn More

For more details about Washington's Death With Dignity Act, see the extensive list of Frequently Asked Questions and other Death With Dignity Act Resources on the website of the Washington State Department of Health.

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.