New York has become the latest state to legalize doctor-assisted suicide. On Friday, Governor Kathy Hochul signed legislation that will allow medical aid in dying for terminally ill New Yorkers who have less than six months to live. The Medical Aid in Dying Act, which was passed by both chambers of the State Legislature last year, has since been amended to include additional guardrails intended to make sure people won't be taken advantage of while still ensuring terminally ill New Yorkers have the choice to die comfortably and on their own terms. Those guardrails include:
- A mandatory waiting period of five 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.
- A mandatory mental health evaluation of the patient seeking medical aid in dying by a psychologist or psychiatrist.
- A prohibition against anyone who may benefit financially from the death of a patient from being eligible to serve as a witness to the oral request or an interpreter for the patient.
- Limiting the availability of medical aid in dying to New York residents.
- Requiring that the initial evaluation of a patient by a physician be in person.
- Allowing religiously-oriented home hospice providers to opt out of offering medical aid in dying.
- Ensuring that a violation of the law is defined as professional misconduct under the Education Law.
- Extending the effective date of the bill to six months after signing to allow the Department of Health to put into place regulations required to implement the law while also ensuring that health care facilities can properly prepare and train staff for compliance.
The new law will take effect in six months.
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