New York is on the verge of becoming the thirteenth state in the United States to legalize medication-assisted dying for individuals with terminal illnesses expected to result in death within six months. Governor Kathy Hochul announced her intention to sign the Medical Aid in Dying Act on March 15, 2024. The legislation has received substantial support, passing the New York House with a vote of 81-67 and the Senate with a vote of 35-27. It has been awaiting the governor’s signature since early October.
This legislative move follows similar actions taken by other states, including a recent law signed by Illinois Governor JB Pritzker. In addition to the states that have enacted such laws, the District of Columbia has also legalized assisted dying. Each jurisdiction has its own specific regulations governing the process. States like California, Colorado, Oregon, and Washington among others, also have provisions for medical aid in dying, which allow patients with terminal conditions to choose to end their suffering.
The proposed law in New York mandates a series of requirements for individuals seeking to utilize assisted dying. Patients must make a written request for medication to end their lives, which needs to be witnessed by two individuals to prevent coercion. Furthermore, three physicians must confirm the terminal diagnosis and the patient’s life expectancy. Originally, the law required only two physicians, but Hochul insisted on the addition of a third. Additionally, a psychologist or psychiatrist must verify that the patient is capable of making the decision without external pressure. A five-day waiting period is also stipulated before the medication can be administered.
Outpatient facilities associated with religious hospitals have the option to opt out of participating in this program. Reports indicate that in some regions where assisted dying is legal, there has been an influx of individuals traveling from other states to access these services. However, the New York law will only apply to residents of the state.
The introduction of this legislation has sparked intense debate. The New York State Catholic Conference and various advocacy groups have expressed strong opposition to the bill. Following Hochul’s announcement, Cardinal Timothy Dolan remarked that the decision represents a significant moral failure, suggesting that it signals “our government’s abandonment of its most vulnerable citizens.” The Vatican has condemned assisted dying as “intrinsically evil,” emphasizing that no circumstances justify such actions.
Hochul’s decision to support the bill is rooted in personal experiences. In an essay published in the Albany Times Union, she reflected on conversations with New Yorkers enduring severe pain and suffering, as well as her own experiences with her late mother, who succumbed to Amyotrophic Lateral Sclerosis (ALS). The governor’s remarks underscore the emotional weight of the decision, balancing her own beliefs with the needs of those facing terminal illnesses.
While the debate over assisted dying continues, New York stands poised to join a growing list of jurisdictions that provide this option for individuals confronting terminal conditions. As the legislation moves toward final approval, its implications will likely resonate deeply across the state and beyond.
