New York Enacts Medical Aid in Dying Law with Key Safeguards

New York has officially enacted the “Medical Aid in Dying Act,” allowing physician-assisted dying for eligible terminally ill patients. Governor Kathy Hochul signed the legislation on February 7, 2024, establishing New York as the 13th state to permit some form of assisted dying. This law marks a significant policy shift, as the state’s highest court previously upheld the prohibition against assisted suicide without legislative action.

The new statute permits a prescription for “aid-in-dying” to adult residents diagnosed with terminal illnesses and expected to live for less than six months. Governor Hochul emphasized that the law comes with stringent procedural safeguards aimed at protecting vulnerable individuals. These measures include:

1. A mandatory five-day waiting period between the writing of the prescription and its fulfillment.
2. An audio or video recording of the patient’s oral request.
3. A mental health evaluation conducted by a licensed psychologist or psychiatrist.
4. Disqualification of anyone who might financially benefit from the patient’s death from serving as a witness or interpreter.
5. An in-person evaluation by the prescribing physician.
6. Explicit opt-out provisions for religiously affiliated hospice providers.

New York’s previous legal landscape regarding assisted dying was defined by a 2017 ruling from the New York Court of Appeals, which denied terminally ill plaintiffs the right to physician-assisted suicide. The court ruled that the due process clause did not recognize this as a fundamental right. Furthermore, a 1997 decision by the U.S. Supreme Court established that states could regulate assisted suicide through legislation, leaving room for changes such as New York’s recent enactment.

This new law is framed not as a judicial mandate but as a deliberate exercise of state power in public health and safety. It aims to provide a clear legal pathway for physicians and patients, while maintaining prosecutorial oversight for any deviations or abuses related to the statute’s requirements.

The enactment of this law builds on the groundwork laid by Oregon, which became the first state to legalize assisted dying in 1994. Following New York’s lead, Illinois also joined the ranks of states allowing physician-assisted dying, having signed its law in December 2023.

Advocacy organizations such as End of Life Choices New York and Compassion & Choices have expressed their commitment to education and implementation of the new law over the next six months. They view this legislative change as a significant victory for patient autonomy and end-of-life choices.

In contrast, religious leaders have voiced their concerns regarding the law. The newly appointed Archbishop of New York, Ronald Hicks, criticized the legislation as a failure to protect vulnerable individuals. His predecessor, Timothy Dolan, had previously expressed opposition to the bill before its signing. The Catholic leadership has emphasized fears of coercion and the implications for individuals with disabilities, arguing that the law could undermine the medical profession’s ethical responsibilities.

As New York embarks on this new chapter in end-of-life care, the implications of the Medical Aid in Dying Act will likely be closely monitored by both supporters and opponents in the coming months.