Medical Assistance in Dying

After over a decade of legislative proposals, Gov. Hochul signed the Medical Assistance in Dying Act into law on Feb. 6, 2026.[1] Effective Aug. 5, 2026, this amendment to the public health law will permit physicians to assist a suffering terminally ill patient with advice, counseling, and medication sufficient to end their life. This law passed both the Assembly and the Senate in 2025, the Governor stated that she would sign if the legislature agreed to several chapter amendments delaying its enactment until 2026. This law builds in several patient protections that are designed to ensure an autonomous decision freely made by a patient possessing a minimum level of competence to make the decision.

The initial amendment identified several conditions that must be present before assistance in dying would become available. These included terminal illness, patient decision-making capacity, voluntary verbal and written request, consultation by a second physician, discussion of other appropriate palliative options, and ability to self-administer the prescribed medication. In chapter amendment the Governor required recording of the patient’s oral request, a five-day waiting period, and a mandatory mental health evaluation. In addition, this is limited to New York residents, provides for conscientious objection by health care professionals including pharmacists.

At the patient’s request, the attending physician will facilitate filling the medication and delivery to the patient. New Section 2899-m of the Public Health Law provides that “physicians, nurses, pharmacists, other health care provider…shall not be under any duty to participate in the provision of medication to a patient…”. Perhaps loosely construed as conscientious objection, pharmacists will likely know well in advance that a physician is seeking assistance in providing medication. This opt-out provision does not require a deeply held moral or religious conviction or other justification, simply a yes or no. We are well advised to think this through before the request comes in.

[1] 2026 Laws of NY, Ch. 1 and https://www.nysenate.gov/legislation/bills/2025/S138.

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