Kathy Hochul Signs Medical Aid in Dying Act Into Law
New York has enacted landmark legislation allowing terminally ill residents to seek medical aid in dying, following the signing of S.138/A.136 by Governor Kathy Hochul.
The new law makes the option available to adult New Yorkers who have been diagnosed with a terminal illness and are expected to live six months or less. State officials said the measure is intended to give patients greater control over how they face the final stage of life, while placing strong protections around the decision-making process.
The governor said the legislation reflects a deeply personal and carefully considered decision, shaped by years of conversations with lawmakers, medical professionals, advocacy groups, and families who have experienced end-of-life suffering firsthand. Hochul cited her own family experience caring for a loved one with a terminal illness as a key factor in her support for the bill.
Under the law, eligible patients may request a prescription for medication that can be self-administered to bring about a peaceful death. State leaders emphasized that the measure is designed to reduce suffering at the end of life rather than to encourage or hasten death.
While the legislation approved by the State Legislature already included safeguards to prevent coercion and to protect health care workers and facilities that choose not to participate, the governor negotiated additional requirements before signing the bill. The added guardrails are intended to strengthen oversight, ensure patients’ capacity to consent, and protect against abuse.
Among the new provisions are:
a required five-day waiting period between when a prescription is written and when it can be filled;
a requirement that the patient’s oral request be captured through audio or video recording;
a mandatory mental health assessment conducted by a licensed psychologist or psychiatrist;
a rule barring individuals who could benefit financially from a patient’s death from serving as witnesses or interpreters;
a residency requirement limiting access to New York residents;
an in-person evaluation by the attending physician;
an explicit opt-out for religiously affiliated home hospice providers; and
classification of violations of the law as professional misconduct under state education and licensing rules.
The law also delays implementation for six months. During that period, the New York State Department of Health will develop regulations and guidance, and health care facilities will be required to prepare policies and staff training to ensure compliance.
State officials said the extended rollout is intended to give medical institutions adequate time to establish procedures and to make sure both patients and providers clearly understand their rights and responsibilities.
In December, the governor appeared alongside the bill’s legislative sponsors and advocates to announce the final agreement that led to passage. She also outlined her support for the measure in a public opinion column published by the Times Union.
Supporters of the law described its enactment as a major step for patient autonomy in New York, while underscoring that participation by health care professionals and facilities remains voluntary under the statute.
