October 2026
TO: ALL INTERESTED PHYSICIANS
The Medical Aid in Dying (MAID), Act took effect August of this year. The new law legalizes the prescribing of a lethal dose of medication by New York state physicians for the purpose of “hastening death at the request of a qualifying terminally ill adult patient who is a New York resident and possesses decisional capacity.”
Several amendments were made part of the final act in order to introduce additional patient protections raised during the legislative process. These include:
-All oral patient requests be recorded by audio or video device and permanently stored in the patient’s chart;
-Mandatory mental health evaluation by a qualified professional to confirm decisional capacity;
-Five-day waiting period between the writing and filling of the prescription, (with limited exceptions);
-Strict residency requirement for the patient;
-An in-person initial physician consultation “unless such would cause extraordinary hardship to the patient.
These changes were implemented to offer greater assurance that any decision under MAID is voluntary and free of undue influence. New York becomes the 13th state to legalize medical aid in dying.
To be noted, this statute is intentionally narrow. Only the patient directly through their own actions may request and authorize medical aid in dying. No surrogate decision-maker can be appointed. The law also protects the right of a patient to rescind their request at any time and that must be advised of that right upon the initial physician consult.
MAID is distinct from palliative care and hospice. Palliative care broadly focuses upon preventing and relieving pain, while enhancing the patient’s quality of life. Hospice is a subset of palliative care for patients with a prognosis of six months or less to live who choose to forgo further aggressive interventions aimed at cure or prolongation of life.
Legislation addressing medical aid in dying was spearheaded in Oregon. New York’s statute closely resembles the Oregon model, with additional safeguards.
To qualify, along with the above captioned standards, the patient must meet the following:
- Be a New York resident.
- Be at least 18 years of age.
- Have a terminal illness or condition with a prognosis of six months or less to live.
- Possess decision making capacity.
- Be physically capable of self-administering the medication.
The patient must submit a written request – signed in the presence of two-witnesses, (who cannot be family members or would otherwise benefit financially). An oral request must be made and electronically documented.
Further, two physicians must independently confirm the diagnosis and patient’s capacity. Lastly, an assessment must be conducted by a licensed psychologist or psychiatrist.
To be noted, no physician or facility is obligated to participate in MAID. If one were to participate, the DOH established reporting requirements for physicians who offer MAID as part of their practice, including the need to contact DOD within five days of issuing a prescription.
This is a new era of healthcare. The successful implementation of this new legislation will depend on several factors; the clear issuance of additional guidance from the DOH; further education and training for physicians, pharmacists and healthcare institutions; continuing education communication among patients, family members, physicians, other providers and policy makers. This should include counseling, training and other workforce education.*[1]
Respectfully submitted,
Schaum Law
[1] Edward McArdle, Esq.