New York Approves Medical Aid in Dying Act
New York’s Legislature took historic steps toward allowing terminally ill adults to end their lives on their own terms, voting in both chambers on medical aid in dying. The legislation now moves to Governor Kathy Hochul’s desk for her review and possible signature.
Summary at a Glance
| Eligibility | Mentally competent adults with ≤6 months to live |
| Process | Two requested oral; one written; witnesses; dual-physician confirmation |
| Protections | Capacity check; right to rescind; provider and conscience protections |
| Reporting | Mandatory documentation, with oversight reports |
| Jurisdiction | Would join 11 states + D.C. if signed |
Legislative Journey and Current Status
The bill—Senate Bill S138/Assembly Bill A136, known as the Medical Aid in Dying Act—passed the Assembly in late April by an 81–67 vote and received Senate approval on June 9, with a final 35–27 tally, after years of debate (nysenate.gov, amny.com). It joins similar laws in 11 other U.S. states and Washington, D.C., pending final approval (apnews.com).
The legislation authorizes mentally competent adults, diagnosed with a terminal illness and given a prognosis of six months or less to live, to request a prescription for life-ending medication they can self-administer (apnews.com).
Core Safeguards and Protocol
The Medical Aid in Dying Act institutes a detailed process:
- Diagnosis and Prognosis: Two physicians must confirm that the patient has a terminal illness with a life expectancy of six months or less (apnews.com).
- Capacity Assessment: Both doctors must agree the patient is mentally capable. If doubt arises, a mental health professional must perform a formal capacity evaluation (wcax.com).
- Formal Requests: Patients must make two separate oral requests and submit one written, signed request, witnessed by at least two adults—with defined exclusions to avoid conflicts of interest (nysenate.gov).
- Opportunity to Rescind: Patients may revoke their request at any time; physicians must remind them before dispensing any medication (nysenate.gov).
- Provider Protections: The law grants immunity from civil or criminal liability for health-care providers who act in good faith, while also allowing conscientious refusals (nysenate.gov).
- Documentation and Reporting: All decisions, prescriptions, and outcomes must be recorded, with annual reports submitted to ensure accountability (timesunion.com).
Proponents’ Viewpoint
Sen. Brad Hoylman‑Sigal (D–Manhattan), the bill’s Senate sponsor, emphasized that the legislation is about “ending suffering,” not hastening death (apnews.com). He lauded the Act as a vital affirmation of bodily autonomy, likening its significance to major milestones such as legalizing same‑sex marriage and abortion (timesunion.com).
Assembly sponsor Amy Paulin (D–Scarsdale) described the vote as one of her proudest achievements. “They want it here, and they want it now,” she said, reflecting strong constituent demand (amny.com).
At a press event in Albany, Sen. Jessica Scarcella‑Spanton highlighted the compassionate intent of the law: “It’s about honoring choice, alleviating suffering, and treating people with the compassion they deserve” (nysenate.gov).
Advocacy groups welcomed the outcome: Compassion & Choices noted that New York’s move honors terminally ill individuals’ autonomy and comfort (apnews.com). The New York State Bar Association, a strong proponent, encouraged Gov. Hochul to sign the bill swiftly, calling it a dignified option for those facing end-of-life decisions (nysba.org). Other supporters include the Medical Society of the State of New York, NYS Nurses Union, and the NYS Academy of Family Physicians (nyassembly.gov).
Opposition and Ethical Concerns
Critics argued it’s premature to legalize assisted death before improving palliative care and mental health services (timesunion.com). They voiced fears of a “slippery slope,” citing Canada’s broader euthanasia laws as cautionary examples (timesunion.com).
Sen. George Borrello (R–Chautauqua County) expressed deep concern about potential misuse, calling the law a “state‑authorized suicide” lacking sufficient oversight .
Organizations like the Catholic Church, disability‑rights advocates, and some religious groups also opposed the legislation. Cardinal Timothy Dolan’s statement, released after the Assembly vote, labeled the bill as state‑sanctioned suicide that could harm vulnerable communities (amny.com).
Comparison with Other Jurisdictions
If signed, New York will become the 12th state – and the 13th U.S. jurisdiction (including D.C.) – to legalize medical aid in dying (nysenate.gov). Similar laws exist in Oregon, Washington, Vermont, California, Colorado, New Jersey, and Montana, where no substantiated cases of coercion or abuse have been reported (nyassembly.gov).
Recent national polling shows over 70% of New Yorkers support granting terminally ill adults the right to choose a dignified death (timesunion.com).
Real‑Life Impact
The story of Jerilyn Hansen, a 73‑year‑old New Yorker with Progressive Supranuclear Palsy, spotlighted the emotional and financial burdens of accessing out‑of‑state aid-in-dying services. She traveled to Oregon—incurring thousands in expenses and a mandatory 2‑week waiting period—to exercise that right (timesunion.com). Advocates argue this legislation would allow residents to remain among loved ones during their final days.
Governor’s Role and Timeline
Governor Kathy Hochul has yet to formally endorse the bill; her office said she is reviewing the legislative package (timesunion.com, apnews.com). Once signed, the bill takes effect immediately . A veto would return it to the Legislature, where a two-thirds majority in each house could override the decision.
Supporters say the Medical Aid in Dying Act brings choice, dignity, and relief to those in terminal suffering. Opponents counter that more must be done for palliative care, mental health infrastructure, and ethical safeguards before legalizing physician-assisted death. Governor Hochul’s decision now holds the fate of this landmark legislation.