Despite opposition from religious leaders and certain patient advocate groups, NY has joined the growing list of states that allow a terminally ill, mentally competent adult to end their life through the use of self-administered medication. The Medical Aid In Dying Act, S.138, A.136 (“MAID” or the “Act”), signed into law by Governor Kathy Hochul on February 6, 2026, will become effective on or about August 5, 2026. While NY’s Department of Health is still in the process of developing the official regulations, training procedures, and clinical guidance for providers (who may opt out of the Act), below are some key components of MAID as we understand it today:
The Act provides that a NY resident who is 18 years old, mentally competent, and has a terminal condition with a prognosis of six months or less to live, can make a request to their physician to end their life. The request must be both oral (via audio or video) and in writing. MAID further requires that the written request be witnessed by two impartial adults, who also affix their signatures to the written document and attest that the individual is mentally competent and is making the request of their own accord, free of undue influence. Notably, this request cannot be made by an agent under the individual’s Health Care Proxy or Power of Attorney—it can only be made by the individual.
In addition to the oral and written request, a mental health professional (e.g., a psychologist, psychiatrist, or psychiatric nurse) and two NY-licensed physicians must evaluate the individual and notify their family unless the individual requests that they refrain from doing so. The attending physician must verify that the individual has a terminal illness, decision-making capacity, and is making an informed decision. The mental health professional must advise the individual of their ability to revoke the request, that the medication must not be taken in public, and that another person should be present at the time that the medication is taken.
Interestingly, there is also a mandatory five-day waiting period between the day that the prescription is ordered and the day the prescription is filled by a compounding pharmacy, and once again, the individual is presented with the option to change their mind—this time by the pharmacist. Assuming the individual decides to proceed, the individual must self-administer the medication (through a feeding tube or by drinking the medication) to demonstrate that that the final act is a voluntary and deliberate choice. As few insurance companies cover the fee for the medication, the hefty price may be prohibitive for many. Likewise, those who are unable to ingest or self-administer the medication also cannot take advantage of the Act.
While there are still many open questions when it comes to implementation, practice, and enacting safeguards to prevent abuse—not to mention issues surrounding the interpretation of what it means to be “mentally competent” or have “decision-making capacity”— the passage of MAID marks a major milestone when it comes to end-of-life care.
