ALBANY, N.Y. (WRGB) \u2014 New York\u2019s Medical Aid in Dying Act officially took effect Wednesday, allowing eligible terminally ill adults to request medication to end their lives under strict legal requirements.<\/p>\n
The law, one of the most closely debated measures in Albany in recent years, gives mentally capable adults with a terminal illness and a prognosis of six months or less to live the option of obtaining life-ending medication. Supporters say it provides patients with greater autonomy at the end of life, while opponents have argued it could place pressure on vulnerable people to end their lives prematurely.<\/p>\n
Assemblymember Amy Paulin, who sponsored the legislation, spent years advocating for its passage, driven by her own family\u2019s experience.<\/p>\n
Paulin said watching her sister die from ovarian cancer reinforced her belief that terminally ill patients should have more end-of-life-choices.<\/p>\n
\u201cShe would often, while she was in such pain, scream at the top of her lungs, \u2018When am I going to die already?\u201d said Paulin.<\/p>\n
She added that for many patients, simply having the option provides comfort.<\/p>\n
\u201cThey say that only about 40% or less of people actually take it because these are people who want to live. They\u2019re not people who want to die,\u201d Paulin said.<\/p>\n
State Health Commissioner Dr. James McDonald said the law includes 13 safeguards designed to ensure the decision is voluntary.<\/p>\n
\u201cBecause no one should be coerced into this,\u201d McDonald told CBS6.<\/p>\n
To qualify, patients must be evaluated by two physicians who independently determine they have a terminal illness with six months or less to live. They also must undergo a mental health evaluation by a licensed psychologist or psychiatrist to confirm they are capable of making the decision.<\/p>\n
\u201cIt’s also important to know there’s a waiting period of at least five days from when the prescription’s written and when the prescription can be obtained,\u201d said McDonald.<\/p>\n
Patients are required to submit a written request witnessed by two people who cannot financially benefit from the patient\u2019s death.<\/p>\n
\u201cIt\u2019s also important for people to know that when they fill out the form they\u2019re attesting to this and they have to comply with the law,\u201d McDonald said when asked who would verify that information.<\/p>\n
Another requirement unique to New York is that patients must make a recorded oral request, either by audio or video. That recording becomes part of the patient\u2019s medical record.<\/p>\n
\u201cThat recording could be on a phone, but it has to be stored in the patient\u2019s medical record,\u201d McDonald said.<\/p>\n
The state Department of Health has also developed reporting requirements, standardized forms and guidance for health care providers to document requests and ensure patients understand all available end-of-life care options, including hospice and palliative care.<\/p>\n
While eligibility requirements are clearly defined, advocates say one of the biggest hurdles may be finding physicians willing to participate.<\/p>\n
Participation in the law is voluntary for physicians, hospitals and other health care providers.<\/p>\n
\u201cI would say the biggest challenges will be access to doctors, especially early on,\u201d said Mandi Zucker, executive director of End of Life Choices New York.<\/p>\n
Zucker said her organization\u2019s information line has seen call volume triple in recent months as patients and families seek information about the new law.<\/p>\n
\u201cWe have been networking and developing relationships with doctors around the state. We\u2019re not publishing their names for a lot of different reasons, but if patients are interested they can call us,\u201d Zucker said.<\/p>\n
Patients would need to find two separate physicians as well as a licensed psychologist or psychiatrist willing to do the assessment.<\/p>\n
\u201cThere is an expectation that [physicians] would be knowledgeable about the law and perhaps refer someone appropriately to a provider who would provide this,\u201d said McDonald.<\/p>\n
Cost will be another big challenge for some, according to Zucker.<\/p>\n
\u201cThings related to Medical Aid in Dying are typically not covered [by insurance],\u201d said Zucker. \u201cCertainly not covered by federally funded insurances like Medicare.\u201d<\/p>\n
The Department of Health has posted regulations, forms and guidance for patients and providers on its website outlining the law\u2019s eligibility requirements and implementation.<\/p>\n
Medical Aid in DyingPDF previewPreview PDF<\/p>\n
Medical Aid in Dying law informational presentation provided by NYSDOH<\/p>\n