New York Enacts the Medical Aid in Dying Act
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On February 6, 2026, Governor Kathy Hochul signed New York’s Medical Aid in Dying Act (the “Act”) into law, following enactment of negotiated chapter amendments to the law. The law authorizes medical aid in dying for terminally ill adults, subject to a number of statutory safeguards. The Act will take effect six (6) months after signing, on or about August 5, 2026, to allow the New York State Department of Health (“DOH”) to issue regulations and provide guidance to health care providers, facilities, and others across the state.
While the Act passed during the 2025 legislative session, the recently approved chapter amendments to the law materially amended the original bill to address concerns related to issues such as mental capacity, institutional preparedness, and liability protections.
Who Is Eligible for Medical Aid in Dying
As enacted, the Act limits eligibility to a narrow class of patients. To qualify, an individual must:
· Be 18 years of age or older
· Be a New York resident
· Be diagnosed with a terminal illness or condition with a prognosis of six (6) months or less to live, whether or not treatment is provided
· Possess decision‑making capacity
· Be able to self‑administer the prescribed medication
· Make a voluntary and informed request, free from coercion
Eligibility must be confirmed by both an attending physician and a consulting physician, each independently determining prognosis and capacity.
Request and Safeguard Requirements
The chapter amendments significantly expanded the Act’s procedural safeguards, including the following:
1. Dual Requests and Recording Requirement
Patients must submit:
· One written request, and
· One oral request, which must be audio‑ or video‑recorded and permanently retained in the patient’s medical record.
2. Mandatory Mental Health Evaluation
New York requires every applicant under the Act to undergo a mental health evaluation by a qualified “mental health professional,” as defined by the Act.
3. Waiting Period
There is a mandatory five (5) day waiting period between the date the prescription is written and the date it may be filled, subject to limited hardship exceptions.
4. Witness and Conflict‑of‑Interest Restrictions
No person who may benefit financially from the patient’s death may serve as:
· A witness to the request, or
· An interpreter.
Provider and Facility Participation
The Act expressly provides that participation is voluntary. No physician, nurse, pharmacist, or health care facility is required to participate in medical aid in dying. In fact, a private health care facility is permitted to prohibit the prescribing, dispensing, ordering, or self-administering of medication under the Act while a patient is being treated in the facility, subject to the Act’s specific requirements. A “health care facility” is defined under the Act to include a general hospital, nursing facility, or hospice provider.
Professional Discipline and Liability Protections
The Act integrates compliance directly into New York’s professional regulatory framework as follows:
· Violations of the Act constitute professional misconduct under the Education Law in New York; and
· Physicians and other providers acting in good‑faith compliance with the Act receive civil, criminal, and disciplinary immunity.
Additionally, death certificates must list the underlying terminal illness as the cause of death, not medical aid in dying.
Implementation and Conclusion
Prior to August 5, 2026, DOH is expected to issue regulations governing documentation, reporting, and record retention as well as guidance for hospitals, hospices, and long‑term care facilities. Health care organizations should anticipate the need to update policies, credentialing standards, medical staff bylaws, consent forms, and ethics committee procedures. While the Act expands patient autonomy, it simultaneously imposes stringent procedural and professional obligations that will demand careful implementation and ongoing regulatory attention.
Our firm has extensive experience counseling health care providers on statutory and regulatory requirements, as well as preparing and implementing applicable policies. If you have any questions related to this Legal Briefing, please contact any member of our firm at 585-730- 4773.
This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2026 Law Offices of Pullano & Farrow PLLC