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Is Medical Aid in Dying Legal in NY?
Medical aid in dying is not permitted by New York State law just yet, but it is making its way through the state legislature.
The state assembly’s health and codes committees advanced the legislation, known as the Medical Aid in Dying Act. The last time this effort was advanced to the floor of either chamber of the state Legislature was its original introduction in 2016. To become law, the bill must be passed through both chambers of the state legislature and then be signed by the governor.
Who Would Be Eligible for Medical Aid in Dying?
As far as the New York bill goes, medical aid in dying would only be available to people who have been determined to have six months or less to live. Those living with a chronic disease or disability would not be eligible.
How Many States Allow Medical Aid in Dying?
Currently, only eleven states in the U.S. have laws that permit a physician to assist terminally ill patients end their lives.
Key Provisions of the Proposed New York Medical Aid in Dying Law
The pending legislation has proponents and opponents who have both formed positions based on varying ethical, religious, and medical reasons. The proposed New York law would allow for a self-administered dose that would allow for the patient to determine whether and when to administer it.
According to the law, capacity would also need to be intact to be able to communicate with a physician licensed in New York state about the desire to receive medical aid in dying. In New York, capacity to make the decision to end one’s life would require a patient to be twenty-one years or older, be terminally ill with six months or less or live, must understand and appreciate the nature and the consequences (risks and benefits), and be able to communicate their informed decision to their physician.
Time will tell and the path is still unpaved, but this development in New York law is groundbreaking in both the medical and legal communities.
By Britt Burner, Esq. & Erin Cullen
Britt Burner, Esq. is a Partner at Burner Prudenti Law, P.C. focusing her practice areas on Estate Planning and Elder Law. Erin Cullen is a graduate of the Maurice A. Dean School of Law at Hofstra University. Burner Prudenti Law, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan, and East Hampton.
