Medical Aid in Dying in New York: What the 2026 Law Allows

On February 6, 2026, Governor Kathy Hochul signed the New York Medical Aid in Dying Act into law. The law takes effect on August 5, 2026, after a public comment and regulatory development period managed by the Department of Health.

New York becomes one of a growing number of states authorizing medical aid in dying, but its version includes safeguards that go beyond the original Oregon model. Here is what the law actually says.

Who Is Eligible

Every requirement must be met. There are no exceptions:

• Adult resident of New York (18 years or older)
• Diagnosed with a terminal illness with a prognosis of six months or less to live
• Mentally capable of making an informed decision throughout the entire process

Unlike advance directives, which plan for future incapacity, medical aid in dying requires the patient to maintain full decision-making capacity from the first request through self-administration. A patient who has lost capacity cannot participate, even if they expressed the desire before losing capacity.

The Safeguard Process

New York's law imposes several layers of verification:

Dual physician verification. Both an attending physician and an independent consulting physician must confirm the terminal prognosis and verify that the patient has the mental capacity to make the decision.

Mandatory mental health evaluation. Every patient must undergo a formal evaluation by a licensed psychologist or psychiatrist. This is a stricter requirement than most other states with similar laws. The evaluation must confirm decision-making capacity and ensure the request is free from coercion or clinical depression influencing the decision.

Dual request protocol. The patient must submit a written request witnessed by two disinterested adults (neither of whom can benefit financially from the patient's death) and make a separate oral request. The oral request must be audio- or video-recorded and permanently maintained in the patient's medical file.

Five-day waiting period. After the prescription is written, five days must pass before a pharmacy may fill it.

Self-administration only. The patient must be physically capable of ingesting the medication themselves. No healthcare provider, family member, or other person may administer the medication.

Provider Participation Is Voluntary

Healthcare providers and facilities, including hospitals, nursing homes, and hospices, may opt out of participating entirely. If a provider declines a patient's request, they must arrange for the safe transfer of the patient to a participating clinician.

This means access can vary significantly depending on where in New York you live and which health systems serve your area.

How MAiD Relates to Advance Directives

Medical aid in dying is separate from advance directives. Your Health Care Proxy, Living Will, and MOLST orders address what happens when you cannot speak for yourself. MAiD is a choice made while you are fully competent and able to act on your own behalf.

Having advance directives in place remains critical regardless of whether you ever consider MAiD. They cover the far more common scenario: a medical crisis where you lose the ability to communicate your wishes. A Health Care Proxy ensures your designated agent can speak for you. A detailed Living Will ensures hospitals know your specific treatment preferences.

What the Law Does Not Allow

• Euthanasia remains illegal. No one may administer a lethal substance to another person, regardless of the patient's wishes.
• No advance authorization. You cannot sign a document now authorizing MAiD in the future if you become terminally ill and lose capacity. The decision and self-administration must happen while you are competent.
• No pressure from beneficiaries. The two witnesses to the written request cannot stand to benefit financially from the patient's death.

Planning Ahead

Whether or not MAiD is relevant to your situation, the broader lesson is that New York's end-of-life legal landscape requires multiple documents working together. The New York Advance Directive & Living Will Kit covers the complete document system: Health Care Proxy, Living Will, MOLST coordination, and how these tools interact with New York's unique legal requirements.

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