The road to passage of the New York Medical Aid in Dying Act (the Act) has been one marked with many detours. However, after a decade-long legislative effort, the Act has been passed by the Legislature and was signed by Governor Kathy Hochul on February 6, 2026, after the addition of specific guardrails negotiated between executive and legislative leaders.
Under the Act, terminally ill adult patients will be allowed to request and self-administer medication prescribed by their physician for the purpose of ending their lives in a humane and dignified manner.
Under the Act, qualified patients must be:
- a resident of New York State;
- at least 18 years old;
- diagnosed with a terminal illness that is expected to result in death within six (6) months, regardless of whether treatment is provided;
- capable of making informed health care decisions; and
- acting voluntarily and without coercion.
The Act requires both an oral and written request to the patient’s attending physician. Oral requests must be recorded by an audio or video device and permanently stored in the patient’s medical record, with the written request witnessed by two adults who are not:
- family members;
- heirs or someone who would otherwise benefit financially from the patient’s death;
- owners, operators, employees, or independent contractors of the patient’s treating facility;
- a domestic partner;
- a patient’s health care proxy; or
- an agent acting under a power of attorney.
Both an attending and a consulting physician must confirm the diagnosis and, along with a mental health professional, confirm a patient’s decision-making capacity. The Act also creates a five (5)-day waiting period before any prescription for life-ending medications may be filled.
Only the patient may self-administer the medication. Administration by another person—including a health care professional, health care agent, surrogate, or family member—is expressly prohibited under the Act.
If a physician or mental health professional does not want to participate in a patient’s decision, the Act does not compel them to do so; however, non-participating providers are still required to transfer records upon request and may be required to facilitate patient transfers in certain circumstances. The Act contains robust protections for conscientious objectors and health care facilities that adopt policies prohibiting participation based on religious or moral convictions.
The Act, which goes into effect in six (6) months, or August 5, 2026, will require careful review of internal policies and procedures related to end-of-life care, physician and mental health professional obligations, patient counseling, and documentation standards. Facilities will also need to adopt formal positions regarding participation and develop staff training accordingly.
All stakeholders are encouraged to continue checking Garfunkel Wild’s website for updates concerning the development of policies and standards, as well as register for upcoming webinars concerning the Act.
Should you have any questions regarding these changes or would like assistance in developing policies necessary to implement the Act, please contact the authors, the Garfunkel Wild attorney with whom you regularly work, or email us at [email protected].
