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S8668Senate2017-2018 SessionSame asA10376

Study Medical Aid in Dying

Official title

“Relates to requiring the commissioner of health to conduct a study relating to medical aid in dying”

Sponsor Gustavo RiveraSD-33Affects Health
Status
In Senate Committee
Health
Impact
2/10
Minimal
Passage
0%

Bill progress

Step 2 of 7

In committee · Health

What's happening

This bill directs the New York commissioner of health to study and report on medical aid in dying, including practices, regulations, and related issues.

Why it matters

  1. This study could shape future legislation on medical aid in dying in New York. by collecting detailed information on how such laws function in other states and countries, as well as identifying gaps or challenges in current practices.

  2. The scope of the study is broad and includes sensitive issues. such as how requests are made and rescinded, physician and mental health professional responsibilities, patient eligibility, and potential for abuse—meaning the findings could influence not just legal frameworks but also clinical protocols and patient safeguards.

  3. By specifically requiring examination of insurance coverage, hospice services, and statistical reporting. , the study aims to address practical concerns that directly affect patients, families, and healthcare providers, such as access, cost, and oversight.

  4. The final report and recommendations, delivered to high-ranking state officials and legislative health committees, may become the foundation for public debate and policymaking. on end-of-life options in New York, impacting both current and future residents facing terminal illness.

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Who cares

Headline styles

Study Medical Aid in Dying

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Gustavo Rivera

Senator · Senate District 33

No co-sponsors yet.

History

  1. 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.

A10376Assembly

Study End-of-Life Options

In Assembly Committee · Health · Sponsor Kevin Cahill

Impact 2 · Minimal0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8668

IN SENATE

May 10, 2018

Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health

AN ACT in relation to requiring the commissioner of health to conduct a study relating to medical aid in dying

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. (a) The commissioner of health is hereby authorized and directed to study the issues, implications, practices, licensure requirements and other topics related to medical aid in dying.

(b) The study shall include, but not be limited to, the following topics related to medical aid in dying: statutes currently in effect across the United States and elsewhere; program implementation; written and oral request processes; rescission of a patient's request; existing clinical criteria used by physicians to determine whether a patient is eligible; the specific type of physicians or medical professionals who are legally authorized to respond to a patient's inquiries or request for the end-of-life medication or assistance; the physicians' responsibilities and duties; the consulting physician's responsibilities and duties; the referral process to mental health professionals; the type of medical record documentation requirements; how physicians respond to a patient's inquiry; how physicians assess patients' decision making capabilities; the use of an interpreter in circumstances where one is requested, required or appropriate; procedures administered including the types and doses of prescription medications provided if any; information statistical and other regarding people who have used medical aid in dying; an appraisal of reported abuse, if any, of medical aid in dying; regular reporting requirements; issues involving health or life insurance coverage; an examination of current hospice services across New York state; and any other topic or issue required to conduct this study.

(c) The commissioner of health shall submit a report including recommendations and findings based on this study to the governor, the temporary president of the senate, the speaker of the assembly and the chairs of the senate and assembly standing committees on health no later than December 31, 2019.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD13227-07-8

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act in relation to requiring the commissioner of health to conduct a study relating to medical aid in dying

Purpose

Relates to studying the issues, implications, practices, licensure requirements and other topics relating to medical aid in dying.

Summary of provisions

Section 1: The unconsolidated law would be amended by adding a new section that directs the Commissioner of Health to conduct a study relating to the issues, implications, practices, licensure requirements and other topics related to medical aid in dying. The report will include recommendations and findings. Copies will be delivered to the Governor, the Temporary President of the Senate, the Speaker of the Assembly and the Chairs of the Senate and Assembly Health Committees. The study would be presented to the Legislature by no later than Decem- ber 31, 2019.

Read the full memo (605 words)

Section 2: Establishes an immediate effective date.

Existing law

None.

Justification

With Medical Aid in Dying being discussed nationally and in different states, major questions including whether to allow this practice as well as how to implement such a policy in New York raises several of its own inquiries. As a result, it is important that New York conduct a State specific and thorough review of as many of the underlining issues as possible. From this study, the Legislature and the public will have the necessary information to assess whether this program is in the best interest of our communities and families.

This bill authorizes the New York State Department of Health (DOH) to investigate Medical Aid in Dying and release the results in the form of a report on or before December 31, 2019. DOH is being provided broad authority so that the agency will not be limited during its review of this topic. DOH's work will involve obtaining information on programs that administer Medical Aid in Dying in the eight jurisdictions that currently allow the practice.

DOH will also review the varying eligibility criteria existing in states that have legalized Medical Aid in Dying. Physician involvement and the types of medications used should also be considered. Other areas open for review include the safeguarding measures implemented and if any states have experienced issues protecting the patient. There should also be an examination of the types of safeguarding processes being used in other states as they relate to access to the types of prescriptions used as well as details regarding the processes while administrating life ending prescriptions. Specifically, it is critical for the study to consider what consultation patients receive from their physician and other health professionals. It is essential to ensure vulnerable populations are adequately protected and given appropriate support and counseling, to ensure all patients have autonomy and control over their decision. Implementation of the law could have impacts on not only medical services but also at-risk populations including seniors and people with disabilities. The role of the witness or witnesses should also be examined.

It is important that the effects Medical Aid in Dying will have on healthcare generally and the cost of care in New York also be explored. Moreover, impacts on insurance policies including life and health must be considered. The role of existing legal documents including healthcare proxies, living wills, death certificates and others and how they related to Medical Aid in Dying should be included in the review. Further, any impacts to hospice and long term care must be established.

By enacting this measure, the Legislature will have the necessary tools and objective data to make a formal decision on the topic.

Legislative history

New bill.

Fiscal implications

None.

Local 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.