Monday’s passage of S138/A136 by the New York State Legislature brings New York one step closer to legalizing medical aid in dying as and end of life choice for terminally ill New Yorkers. Now, the Bill awaits the Governor’s decision whether to sign or veto the Bill.
The Bill applies to a person with a medically confirmed, incurable, terminal illness that will likely cause death within 6 months. It allows such person to receive a prescription from their doctor for medication that the person can take to die peacefully in their sleep. Under the Bill, two (2) physicians must confirm the medical prognosis. Both doctors must also confirm that the person is making and informed health care decision and is not being coerced. Before writing a prescription under this Bill, the doctor must ensure that the person is informed about all end of life care options, including palliative care and hospice. Additionally, if either physician is concerned about the mental capacity of the person to make their own health care decisions, a mental health evaluation is mandatory before a prescription can be authorized. Further, when requesting the prescription, the person must make both an oral and written request witnessed by 2 people, neither of whom can be related to the person or benefit from the person’s estate.
Though the Bill does not require doctors to participate in medical aid in dying, it provides liability protection for those who do so in compliance with the Bill. If the Governor signs the Bill into law, New York will be among 11 states and the District of Columbia to add medical aid in dying to end of life choices.
The Governor has yet to take a position on this Bill so it’s future is still uncertain. Feel free to reach out to the team at Weiss Zarett if you have any questions about medical aid in dying and how it may impact you, your family and your business.
Stay tuned for updates from WZBSL regarding this developing issue.
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