February 2026
TO: ALL INTERESTED PHYSICIANS
On February 5th, 2026, following up on her December announcement, Gov. Kathy Hochul signed the “Right-to-Die Bill,” for the Terminally Ill.
The legislation will apply to adults who have an incurable, irreversible illness and six months or less to live.
Each patient will need the “sign-off” of three physicians.
New York will now be the twelfth state to pass similar laws, over the protests of disability-rights advocates and religious organizations, that characterize the law as legalized assisted suicide.
The final legislation will encompass many amendments addressing the Governor’s concerns over vulnerable New Yorkers that could be pressured into life-ending decisions they may not have made on their own.
Each patient must provide written – and oral requests to confirm that the life-ending decision was made of their own free will. The prior legislation required two physicians to testify to the seriousness of the patient’s condition. The final rule requires a third certification to be obtained from a psychiatrist or psychologist to ensure the patient was not under duress.
There is a five-day waiting period, to offer patients time to change their decision. The law will go into effect six months after the Governor’s signature to allow the Department of Health to put into place regulations required to implement the law while also ensuring that the health care facilities can properly prepare and train staff for compliance.
Mental illnesses do not qualify, and hospitals who object on religious reasons will not be required to participate. The original legislation would have allowed terminally ill patients from other states to come to New York to end their lives but the final version will apply only to New York residents.
Additional guardrails include:
-A mandatory waiting period of 5 days between when a prescription is written and filled.
-An oral request by the patient for medical aid in dying must be recorded by video or audio.
-Mandatory mental health evaluation of the patient by a psychologist or psychiatrist.
-A prohibition against anyone who may benefit financially from the death of the patient from being eligible as a witness to the oral request or an interpreter for the patient.
-Requirment that the initial evaluation of a patient by a physician in person.
-Ensuring that a violation of the law will be defined as professional misconduct under the Education Law.