New York Governor Kathy Hochul signed the “Medical Aid in Dying Act” into law on July 7, 2023, making the state the latest to authorize physician-assisted dying for certain terminally ill patients. This legislation represents a significant policy shift in a state where the highest court previously ruled that assisted suicide remained illegal without legislative change.
Details of the New Law
The new statute allows eligible adult residents who are terminally ill and expected to die within six months to obtain a prescription for “aid-in-dying.” The law includes a series of procedural safeguards that Governor Hochul negotiated with the New York State Legislature. Among these safeguards are:
- A mandatory five-day waiting period between the prescription being written and when it can be filled.
- An audio or video recording of the patient’s oral request.
- A mandatory mental health evaluation by a licensed psychologist or psychiatrist.
- Disqualification of anyone who stands to benefit financially from the patient’s death from serving as a witness or interpreter.
- An initial in-person evaluation by a physician.
- Explicit opt-out provisions for religiously affiliated hospice providers.
In a landmark ruling in 2017, the New York Court of Appeals denied terminally ill plaintiffs seeking the right to physician-assisted suicide, stating that the due process clause did not recognize a fundamental right to such assistance. This ruling highlighted the necessity for legislative change, which culminated in the new law.
Context and Implications
The enactment of this law in 2023 is framed as a deliberate exercise of state police power in the health and safety domain, rather than a result of judicial compulsion. New York is now the 13th state in the U.S. to permit some form of physician-assisted dying, following states like Oregon, which pioneered this approach in 1994, and Illinois, which passed its law in December.
This new act provides a legal pathway for physicians and other clinicians to assist terminally ill patients, offering protection against prosecution as long as they adhere to the statutory requirements. However, it also preserves the authority for prosecuting conduct that deviates from these standards or involves coercion, fraud, or abuse.
Advocacy organizations such as End of Life Choices New York and Compassion & Choices have expressed their commitment to focusing on education and implementation of the new law over the next six months. These organizations aim to ensure that patients and healthcare providers understand the provisions and safeguards associated with the law.
On the other hand, the Catholic leadership has voiced strong opposition to the legislation, framing it as a potential abandonment of vulnerable individuals. Concerns regarding coercion, disability rights, and the role of the medical profession in end-of-life decisions are central to their critique. This dialogue is expected to continue under the leadership of Ronald Hicks, who was installed as Archbishop of New York on the same day the bill was signed. His predecessor, Timothy Dolan, had publicly opposed the legislation last December.
The passage of the Medical Aid in Dying Act in New York marks a significant moment in the ongoing national conversation about end-of-life care and patient autonomy, reflecting changing attitudes toward physician-assisted dying and the rights of terminally ill patients.
