What's happening
This bill, known as the "medical aid in dying act," allows terminally ill adults to request and self-administer medication to end their lives under defined safeguards and procedures.
Why it matters
Stringent Safeguards and Eligibility Criteria. The bill requires that only mentally competent, terminally ill adults with a prognosis of six months or less to live can request medical aid in dying. Each request must be both oral and written, witnessed by two adults (with strict conflict-of-interest exclusions), and confirmed by two physicians, ensuring a voluntary, informed, and uncoerced decision.
Comprehensive Informed Consent and Mental Health Protections. Patients must receive detailed counseling on prognosis, risks, alternatives (including palliative and hospice care), and the right to rescind their request at any time. If there is concern about the patient’s decision-making capacity, a mental health professional must assess and confirm the patient’s mental competency before proceeding.
Protections for Providers and Institutions, With Right to Opt-Out. Health care professionals and facilities are not required to participate and can formally opt out based on religious or moral grounds. Those who act in good faith under the law are shielded from civil, criminal, or disciplinary liability, but intentional misconduct or violations remain subject to prosecution.
Impact on Insurance, Death Certification, and Oversight. Actions under the act are not considered suicide for insurance or legal purposes, and life insurance or annuity policies cannot be affected by participation. The underlying terminal illness—not ingestion of medication—is listed as the cause of death. State oversight ensures compliance and collects anonymized data, while confidentiality provisions protect patient and provider privacy.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Allow Medical Aid in Dying
Plain English, a few words. Used as the page title.
Sponsors
History
- Print number 3151a
- Amend and recommit to health
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Medical Aid in Dying
In Assembly Committee · Health · Sponsor Amy Paulin
Full text
11 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3151--A
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
Introduced by Sens. SAVINO, ALCANTARA, DILAN, HAMILTON, HOYLMAN, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to a terminally ill patient's request for and use of medication for medical aid in dying
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "medical aid in dying act".
§ 2. The public health law is amended by adding a new article 28-F to read as follows:
ARTICLE 28-F
MEDICAL AID IN DYING Section 2899-d. Definitions.
2899-e. Request process.
2899-f. Attending physician responsibilities.
2899-g. Right to rescind request; requirement to offer opportu-
nity to rescind.
2899-h. Consulting physician responsibilities.
2899-i. Referral to mental health professional.
2899-j. Medical record documentation requirements.
2899-k. Form of written request and witness attestation.
2899-l. Protection and immunities.
2899-m. Permissible refusals and prohibitions.
2899-n. Relation to other laws and contracts.
2899-o. Safe disposal of unused medications.
2899-p. Death certificate.
2899-q. Reporting.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01103-13-8
S. 3151--A 2
2899-r. Penalties.
2899-s. Severability.
§ 2899-d. Definitions. As used in this article:
1. "Adult" means an individual who is eighteen years of age or older.
2. "Attending physician" means the physician who has primary responsibility for the care of the patient and treatment of the patient's terminal illness or condition.
3. "Capacity" means the ability to understand and appreciate the nature and consequences of health care decisions, including the benefits and risks of and alternatives to any proposed health care, and to reach an informed decision.
4. "Consulting physician" means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding a person's terminal illness or condition.
5. "Health care facility" means a general hospital, nursing home, or residential health care facility as defined in section twenty-eight hundred one of this chapter.
6. "Health care provider" means a person licensed, certified, or authorized by law to administer health care or dispense medication in the ordinary course of business or practice of a profession.
7. "Informed decision" means a decision by a patient who is suffering from a terminal illness or condition to request and obtain a prescription for medication that the patient may self-administer to end the patient's life that is based on an understanding and acknowledgment of the relevant facts and that is made voluntarily, of the patient's own volition and without coercion, after being fully informed of:
(a) the patient's medical diagnosis and prognosis;
(b) the potential risks associated with taking the medication to be prescribed;
(c) the probable result of taking the medication to be prescribed;
(d) the possibility that the patient may choose not to obtain the medication, or may obtain the medication but may decide not to self-administer it; and
(e) the feasible alternatives and appropriate treatment options, including but not limited to palliative care and hospice care.
8. "Medical aid in dying" means the medical practice of a physician prescribing medication to a qualified individual that the individual may choose to self-administer to bring about death.
9. "Medically confirmed" means the medical opinion of the attending physician that a patient has a terminal illness or condition and has made an informed decision which has been confirmed by a consulting physician who has examined the patient and the patient's relevant medical records.
10. "Medication" means medication prescribed by a physician under this article.
11. "Mental health professional" means a physician, nurse practitioner, physician assistant or psychologist, licensed or certified under the education law acting within his or her scope of practice and who is qualified, by training and experience, certification, or board certification or eligibility, to make a determination under section twentyeight hundred ninety-nine-i of this article; provided that in the case of a nurse practitioner or physician assistant, the professional shall not have a collaborative agreement or collaborative relationship with or be supervised by the attending physician or consulting physician.
12. "Palliative care" means health care treatment, including interdisciplinary end-of-life care, and consultation with patients and family
S. 3151--A 3
members, to prevent or relieve pain and suffering and to enhance the patient's quality of life, including hospice care under article forty of this chapter.
13. "Patient" means a person who is eighteen years of age or older under the care of a physician.
14. "Physician" means an individual licensed to practice medicine in New York state.
15. "Qualified individual" means a patient with a terminal illness or condition, who has capacity, has made an informed decision, and has satisfied the requirements of this article in order to obtain a prescription for medication.
16. "Self-administer" means a qualified individual's affirmative, conscious, and voluntary act of using medication under this article.
17. "Terminal illness or condition" means an incurable and irreversible illness or condition that has been medically confirmed and will, within reasonable medical judgment, produce death within six months.
§ 2899-e. Request process. 1. Oral and written request. A patient wishing to request medication under this article shall make an oral request and submit a written request to the patient's attending physician.
2. Making a written request. A patient may make a written request for and consent to self-administer medication for the purpose of ending his or her life in accordance with this article if the patient:
(a) has been determined by the attending physician to have a terminal illness or condition and which has been medically confirmed by a consulting physician; and
(b) based on an informed decision, expresses voluntarily, of the patient's own volition and without coercion the request for medication to end his or her life.
3. Written request signed and witnessed. (a) A written request for medication under this article shall be signed and dated by the patient and witnessed by at least two adults who, in the presence of the patient, attest that to the best of his or her knowledge and belief the patient has capacity, is acting voluntarily, is making the request for medication of his or her own volition and is not being coerced to sign the request. The written request shall be in substantially the form described in section twenty-eight hundred ninety-nine-k of this article.
(b) One of the witnesses shall be an adult who is not:
(i) a relative of the patient by blood, marriage or adoption;
(ii) a person who at the time the request is signed would be entitled to any portion of the estate of the patient upon death under any will or by operation of law; or
(iii) an owner, operator, employee or independent contractor of a health care facility where the patient is receiving treatment or is a resident.
(c) The attending physician, consulting physician and, if applicable, the mental health professional who provides a capacity determination of the patient under this article shall not be a witness.
4. No person shall qualify for medical aid in dying under this article solely because of age or disability.
§ 2899-f. Attending physician responsibilities. 1. The attending physician shall examine the patient and his or her relevant medical records and:
(a) make a determination of whether a patient has a terminal illness or condition, has capacity, has made an informed decision and has made
S. 3151--A 4
the request voluntarily of the patient's own volition and without coercion;
(b) inform the patient of the requirement under this article for confirmation by a consulting physician, and refer the patient to a consulting physician upon the patient's request;
(c) refer the patient to a mental health professional pursuant to section twenty-eight hundred ninety-nine-i of this article if the attending physician believes that the patient may lack capacity to make an informed decision;
(d) provide information and counseling under section twenty-nine hundred ninety-seven-c of this chapter;
(e) ensure that the patient is making an informed decision by discussing with the patient: (i) the patient's medical diagnosis and prognosis; (ii) the potential risks associated with taking the medication to be prescribed; (iii) the probable result of taking the medication to be prescribed; (iv) the possibility that the patient may choose to obtain the medication but not take it; and (v) the feasible alternatives and appropriate treatment options, including but not limited to (1) information and counseling regarding palliative and hospice care and end-oflife options appropriate to the patient, including but not limited to: the range of options appropriate to the patient; the prognosis, risks and benefits of the various options; and the patient's legal rights to comprehensive pain and symptom management at the end of life; and (2) information regarding treatment options appropriate to the patient, including the prognosis, risks and benefits of the various treatment options;
(f) discuss with the patient the importance of:
(i) having another person present when the patient takes the medication and the restriction that no person other than the patient may administer the medication;
(ii) not taking the medication in a public place; and
(iii) informing the patient's family of the patient's decision to request and take medication that will end the patient's life; a patient who declines or is unable to notify family shall not have his or her request for medication denied for that reason;
(g) inform the patient that he or she may rescind the request for medication at any time and in any manner;
(h) fulfill the medical record documentation requirements of section twenty-eight hundred ninety-nine-j of this article; and
(i) ensure that all appropriate steps are carried out in accordance with this article before writing a prescription for medication.
2. Upon receiving confirmation from a consulting physician under section twenty-eight hundred ninety-nine-h of this article and subject to section twenty-eight hundred ninety-nine-i of this article, the attending physician who determines that the patient has a terminal illness or condition, has capacity and has made a voluntary request for medication as provided in this article, may personally, or by referral to another physician, prescribe or order appropriate medication in accordance with the patient's request under this article, and at the patient's request, facilitate the filling of the prescription and delivery of the medication to the patient.
3. In accordance with the direction of the prescribing or ordering physician and the consent of the patient, the patient may self-administer the medication to himself or herself. A health care professional or other person shall not administer the medication to the patient.
S. 3151--A 5
§ 2899-g. Right to rescind request; requirement to offer opportunity to rescind. 1. A patient may at any time rescind his or her request for medication under this article without regard to the patient's capacity.
2. A prescription for medication may not be written without the attending physician offering the qualified individual an opportunity to rescind the request.
§ 2899-h. Consulting physician responsibilities. Before a patient who is requesting medication may receive a prescription for medication under this article, a consulting physician must:
1. examine the patient and his or her relevant medical records;
2. confirm, in writing, to the attending physician and the patient, whether: (a) the patient has a terminal illness or condition; (b) the patient is making an informed decision; (c) the patient has capacity, or provide documentation that the consulting physician has referred the patient for a determination under section twenty-eight hundred ninetynine-i of this article; and (d) the patient is acting voluntarily, of the patient's own volition and without coercion.
§ 2899-i. Referral to mental health professional. 1. If the attending physician or the consulting physician believes that the patient may lack capacity, the attending physician or consulting physician shall refer the patient to a mental health professional for a determination of whether the patient has capacity to make an informed decision. The referring physician shall advise the patient that the report of the mental health professional will be provided to the attending physician and the consulting physician.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to a terminally ill patient's request for and use of medication for medical aid in dying
Purpose
To provide that a mentally competent, terminally ill patient may request medication to be self-administered for the purpose of hastening the patient's death provided the requirements set forth in the act are met, and to provide certain protection and immunities to health care provid- ers and other persons, including a physician who prescribes medication in compliance with the provisions of the article to the terminally ill patient to be self-administered by the patient.
Summary of provisions
Section 1 provides that this act shall be known and may be cited as the "Medical Aid in Dying Act".
Read the full memo (2,005 words)
Section 2 amends the Public Health Law by adding a new article 28-F, Medical Aid in Dying, comprised of the following sections: 2899-d sets forth definitions.
§ 2899-e sets forth the circumstances in which an adult may make a writ- ten request for medication for the purpose of ending his or her life in accordance with the provisions of the article. The patient wishing to request such medication shall make an oral request and submit a written request which shall be signed and dated by the patient and witnessed by at least two adults as provided in such section, identifying persons who shall not serve as witnesses. The patient's attending physician, consulting physician and, if applicable, the mental health professional who provides a capacity determination of the patient under the article shall not act as a witness.
2899-f sets forth the responsibilities of the attending physician.
2899-g provides that a patient may at any time rescind a request for medication without regard to the patient's capacity, and that the attending physician may not write a prescription for medication without first offering the patient an opportunity to rescind the request.
2899-h sets forth the responsibilities of the consulting physician.
§ 2899-i provides that if the attending physician or the consulting physician believes that the patient may lack capacity, such physician shall refer the patient to a mental health professional for a determi- nation of whether the patient has capacity. If the mental health profes- sional determines that the patient lacks capacity to make an informed decision, the patient shall not be deemed a qualified individual and the attending physician shall not prescribe medication to the patient.
§ 2899-j sets forth the items that must be documented or filed in the patient's medical record.
§ 2899-k sets forth the form of written request for medication and declaration of witnesses. The section also provides that the written request shall be written in the same language as the conversations or consultations between a patient and at least one of his or her attending or consulting physicians, provided that the written request may be in English, even if the conversations or consultations were conducted in a language other than English, if the form of written request includes the form of interpreter's declaration set forth in the section.
§ 2699-l provides that a physician, pharmacist, other health care professional or other person shall not be subject to civil or criminal liability or professional disciplinary action by any government entity for taking any reasonable good-faith action or refusing to act under the article, including without limitation, engaging in discussions with a patient relating to the risks and benefits of end-of-life options in the circumstances described in the article and being present when a quali- fied individual self-administers medication. The section further provides that nothing in the section shall limit civil or criminal liability for negligence, recklessness or intentional misconduct.
§ 2899-m provides that a physician, nurse, pharmacist, other health care provider or other person shall not be under any duty by law or contract to participate in the provision of medication to a patient. If a health care provider is unable or unwilling to participate in the provision of medication to a patient and the patient transfers care to a new health care provider, the prior health care provider shall transfer or arrange for the transfer, upon request, of a copy of the patient's relevant medical records to the new health care provider. A private health care facility may prohibit the prescribing, dispensing, ordering or self-ad- ministering of medication under the article while the patient is being treated in or while the patient is residing in such facility if the requirements set forth in the section have been met. In addition, where a health care facility has adopted a prohibition under the subdivision, if a patient who wishes to use medication under the article requests, the patient shall be transferred promptly to another health care facili- ty that is reasonably accessible under the circumstances and willing to permit the prescribing, dispensing, ordering or self-administering of medication with respect to the patient. Where a health care facility has adopted a prohibition under the subdivision, any health care provider or employee of the facility who violates the prohibition may be subject to sanctions otherwise available to the facility, provided the facility has previously notified the health care provider or employee of the prohibi- tion in writing.
§ 2899-o provides that (i) a patient who requests medication under the article will not, because of that request, be considered a person who is suicidal, and self-administering medication under the article shall not be deemed to be suicide for any purpose; (ii) action taken in accordance with the article shall not be construed for any purpose to constitute suicide, assisted suicide, attempted suicide, promoting a suicide attempt, mercy killing, or homicide under the law, including as an accomplice or accessory or otherwise; (iii) no provision in a contract, will or other agreement, whether written or oral, to the extent the provision would affect whether a person may make or rescind a request for medication or take any other action under the article, shall be valid; (iv) no obligation owing under any contract will be conditioned upon or affected by the making or rescinding of a request by a person for medication or taking any other action under the article; (v) a person and his or her beneficiaries shall not be denied benefits under a life insurance policy for actions taken in accordance with the article, and the sale, procurement or issuance of a life or health insurance or annuity policy or the rate charged for the policy may not be conditioned upon or affected by the patient making or rescinding a request for medi- cation under the article; (vi) an insurer shall not provide any informa- tion in communications made to a patient about the availability of medi- cation under the article absent a request by the patient or by his or her attending physician upon the request of such patient, and any commu- nication shall not include both the denial of coverage for treatment and information as to the availability of medication under the article; and (vii) the sale, procurement or issue of any professional malpractice insurance policy or the rate charged for the policy shall not be condi- tioned upon or affected by whether the insured does or does not take or participate in any action under the article.
2899-o provides that the department of health shall make regulations providing for the safe disposal of unused medications prescribed, dispensed or ordered under the article.
§ 2899-p provides that if otherwise authorized by law, the attending physician may sign the qualified individual's death certificate. The cause of death listed on a qualified individual's death certificate who dies after self-administering medication under the article will be the underlying terminal illness.
§ 2899-q provides for the annual review by the commissioner of health of a sample of the records maintained under section twenty-eight hundred ninety-nine-k of the article. The commissioner shall adopt regulations establishing reporting requirements for physicians taking action under the article to determine utilization and compliance with the article. The information collected under the section shall not constitute a public record available for public inspection and shall be confidential and shall be collected and maintained in a manner that protects the privacy of the patient, his or her family, and any health care provider acting in connection with such patient under the article, except that such information may be disclosed to a governmental agency as authorized or required by law relating to professional discipline, protection of public health or law enforcement. The commissioner shall prepare a report annually containing relevant data regarding utilization and compliance with the article and shall post such report on its website.
§ 2899-r provides that nothing in the article shall be construed to limit professional discipline or civil liability resulting from conduct in violation of the article, negligent conduct, or intentional miscon- duct by any person. Conduct in violation of the article shall be subject to applicable criminal liability under state law, including where appro- priate and without limitation, offenses constituting homicide, forgery, coercion, and related offenses, or federal law.
§ 2899-s provides the severability clause.
Section 3 sets forth the effective date.
Justification
The highly publicized, planned death of Brittany Maynard has highlighted the need for terminally ill patients to be able to access aid in dying. Ms. Maynard, who was a native of California, was forced to move to Oregon to gain control of her dying process. Her death and the accompa- nying press attention led the California legislature to pass, and Gover- nor Jerry Brown to sign, an aid in dying law on October 5, 2015.
The national debate that accompanied Ms. Maynard's plight focused the nation on the desire of patients with a terminal illness to determine for themselves - how and when they die. These, patients, when mentally competent, should be afforded this right. Patients should not be forced to relocate to another state or to leave the country to control how their lives end.
New Yorkers strongly support empowering terminally-ill, mentally compe- tent patients to control their own death. A 2015 poll found that 77% of all New Yorkers support aid in dying, including 75% of Catholics, 72% of Republicans, 67% of self-identified Conservatives, and 78% of New York- ers upstate.
Nationally, according to HealthDay/Harris poll findings released in December 2014, 74% of American adults believe that terminally ill patients in great pain should have the right to end their lives (14% were opposed). Gallup, which has been polling this issue since 1947, has found that a majority of Americans have supported aid in dying since 1973. Their most recent poll found 68% of Americans support aid in dying.
Physicians also support aid in dying. In a recent survey conducted by Medscape, 54% of physicians in the U.S. believe that aid in dying should be permitted, while only 31% opposed it.
The Medical Aid in Dying Act will enable mentally competent, terminally ill patients to choose to self-administer medication to bring about a peaceful death. It also provides their physician, when acting in good faith in accordance with the provisions of the Act, protections from civil and criminal liability and professional disciplinary action.
Six states - Oregon, Vermont, Washington, California, Montana and Colo- rado allow physician assisted aid in dying. More than 65% of Colorado voters approved the ballot initiative in November 2016 to provide for aid in dying. Also, the Mayor of the District of Columbia recently signed a medical aid in dying act.
Aid in dying legislation recently passed the New Jersey Assembly, and legislators in more than 19 states, including all of New England, Mary- land, North Carolina, Tennessee, Oklahoma, Utah, Wyoming and Missouri, have aid in dying bills pending.
Aid in dying legislation is supported by the American Public Health Association, the American Medical Women's Association, the American Medical Student Association, the American College of Legal Medicine, and Lamda Legal.
Legislative history
2017 - died in Health Committee in both Houses. 2016 - died in Health Committee; reported from Assembly Health, died in Codes.
Fiscal implications
None.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.