STATEN ISLAND, N.Y. — After years of legislative debate, Gov. Kathy Hochul has signed the Medical Aid in Dying Act into law, allowing terminally ill New Yorkers medical aid under specific circumstances.
The legislation, S.138/A.136, allows mentally competent adults over the age of 18 with medically confirmed terminal illnesses and fewer than six months to live to request the self-administered, life-ending medication.
Although recently signed, the legislation won’t take effect for another six months as the state Department of Health works to implement regulations and ensure health care facilities are prepared.
“Our state will always stand firm in safeguarding New Yorkers’ freedoms and right to bodily autonomy, which includes the right for the terminally ill to peacefully and comfortably end their lives with dignity and compassion,” said Hochul. “New Yorkers deserve the choice to endure less suffering, not by shortening their lives, but by shortening their deaths — I firmly believe we made the right decision.”
Hochul said the decision was deeply personal, citing her mother’s experience with ALS and years of discussions with lawmakers, health experts, advocates and families affected by terminal illness.
Key safeguards
The bill includes several safeguards intended to ensure patients are not coerced and that participation remains voluntary for health care providers.
Among the requirements is a mandatory five-day waiting period between when a prescription is written and filled, as well as a required mental health evaluation by a psychologist or psychiatrist.
Patients must also make an oral request for medical aid in dying that is recorded by video or audio. The law prohibits anyone who may financially benefit from a patient’s death from serving as a witness or interpreter and limits eligibility to New York residents.
Additional provisions require that a patient’s initial evaluation by a physician be conducted in person and allow religiously affiliated home hospice providers to opt out of offering medical aid in dying. Violations of the law will be considered professional misconduct under state Education Law.
Reaction from lawmakers and advocates
Assemblymember Amy Paulin, the bill’s Assembly sponsor, said the law provides dignity and reassurance at the end of life.
“Most people will never choose medical aid in dying, but they want the reassurance of having it as a compassionate safeguard that offers comfort even if it is never used,” stated Paulin.
Manhattan Borough President Brad Hoylman-Sigal, argued that the measure reflects years of advocacy and testimony from patients and families.
“This bill is not about ending life — it is about shortening death and easing suffering,” he said.
New York is the 14th jurisdiction in the United States to permit medical aid in dying, joining states such as Oregon, Washington, Montana, Vermont, California, Colorado, the District of Columbia, Hawaii, New Jersey, Delaware, Maine and New Mexico.
Illinois Gov. JB Pritzker signed the End-of-Life Options for Terminally Ill Patients Act earlier this month.
A look back
As previously reported by Advance/SILive.com, Hochul announced in December that she would sign the bill after reaching an agreement with the Legislature on additional safety guardrails.
The state Senate approved the measure on June 9 by a 35-27 vote, following Assembly approval on April 23 by a 81-67 vote.
The legislation was carried by Hoylman-Sigal in the Senate and Paulin in the Assembly, with Staten Island Sen. Jessica Scarcella-Spanton serving as a prime co-sponsor.
All four Staten Island assemblymembers — Charles Fall, Michael Reilly, Michael Tannousis and Sam Pirozzolo — voted against the legislation, as did state Sen. Andrew Lanza. Fall is a Democrat, while Reilly, Tannousis, Pirozzolo, and Lanza are Republicans.