New York Medical Aid in Dying Act (S.138/A.136) Summary & Practitioner Guide

Purpose

This memo provides a clear, client‑friendly summary of New York’s newly enacted Medical Aid in Dying Act, highlights key requirements and timelines, and offers a practical checklist. New York becomes the 13^th State.  DC is included.

Executive Summary

• Governor Kathy Hochul signed the Medical Aid in Dying Act on February 6, 2026; the law takes effect six months later, in early August 2026.
• New York becomes the 13th state (14th U.S. jurisdiction) to authorize medical aid in dying for qualifying terminally ill adults.
• Eligibility is limited to adult New York residents diagnosed with a terminal illness with a prognosis of six months or less, with decision‑making capacity and can self‑administer the medication.
• Two physicians must independently confirm eligibility; the patient must make multiple requests, including an audio or video recording of the oral request, and sign a witnessed written request.
• Added guardrails include a mandatory 5‑day wait between prescription and dispensing, a mandatory mental‑health evaluation, an in‑person initial evaluation by the attending physician, and explicit opt‑out rights for religiously oriented home hospice providers.

Overview of the Act

The Act authorizes a narrow, highly regulated pathway for mentally capable, terminally ill adult residents to request and self‑administer medication to shorten the dying process. Participation by clinicians and institutions is voluntary. The Department of Health will establish regulations during the six‑month implementation window.

Eligibility Criteria

• Age 18 or older.
• New York residency.
• Medically confirmed terminal illness that is incurable and irreversible with a prognosis of six months or less to live.
• Decision‑making capacity to make an informed health‑care decision at the time of each request.
• Ability to self‑administer the medication.

Request Process & Safeguards

The statute imposes layered safeguards designed to ensure voluntariness, informed decision‑making, and the absence of coercion:

1. Two independent physicians (attending and consulting) must confirm diagnosis, prognosis (≤ 6 months), decision‑making capacity, and voluntariness.
2. The patient must make multiple requests: at least one oral request recorded in audio or video, and one written request on the statutory form.
3. The written request must be witnessed by two adults who are disinterested (e.g., may not be relatives, heirs, or otherwise financially interested; nor affiliated with the facility providing care).
4. The attending physician’s initial evaluation must occur in person.
5. A mandatory evaluation by a licensed psychologist or psychiatrist to confirm capacity.
6. A mandatory 5‑day waiting period between when the prescription is written and when it can be dispensed.
7. The patient may rescind the request at any time; self‑administration is required.

Provider & Facility Participation

Participation is voluntary. Health‑care professionals and religiously oriented home hospice providers may decline to participate. Providers who act in good faith and in compliance with the statute receive protections; misconduct or deviation from statutory requirements remains subject to discipline or prosecution.

Implementation Timeline

• Bill signed: February 6, 2026.
• Effective date: Six months after signing (August 2026), allowing time for Department of Health regulations, reporting systems, and provider training.

Context & Comparisons (Brief)

New York’s framework follows the general model pioneered by Oregon but adds additional guardrails (a mandatory mental‑health evaluation, recording of the oral request, a 5-day prescription‑to‑dispensing wait, a residency requirement, and an in‑person initial evaluation), making it comparatively more stringent than many peer jurisdictions.

If a client has signed a medical directive or health care power of attorney, review and/or update it to add the provisions if you should live in one of the states listed below.  It is our understanding that the Maryland legislature is also looking at passing a similar act.  Contact the attorneys at Altman & Associates at 301-4687-3220 or via the website at altmanassociates.net for more information.

Other States with Similar Law: 

California, Oregon, Colorado, Delaware, Hawaii, Illinois, Maine, Montana, and DC.

Sources

• Office of Governor Kathy Hochul — Press Release (Feb. 6, 2026): https://www.governor.ny.gov/news/governor-hochul-signs-medical-aid-dying-act-new-york-state-law

• New York State Senate — A136 (2025–2026) Bill Page and Status: https://www.nysenate.gov/legislation/bills/2025/A136

• New York State Senate — S138 (2025–2026) Bill Page and Status: https://www.nysenate.gov/legislation/bills/2025/S138

• Compassion & Choices — Law Signed; Effective August 5, 2026: https://compassionandchoices.org/news/ny-governor-signs-medical-aid-in-dying-law/

• JURIST — New York adopts medical aid in dying with new safeguards (Feb. 7, 2026): https://www.jurist.org/news/2026/02/new-york-adopts-medical-aid-in-dying-with-new-safeguards/

• POLITICO — New York poised to legalize medical aid in dying (Feb. 4, 2026): https://www.politico.com/news/2026/02/04/medical-aid-in-dying-new-york-00766413

Disclaimer

This summary is for general informational purposes only and does not constitute legal or medical advice. Implementation details will be refined by the Department of Health regulations. Practitioners should consult the final statute, chapter amendments, and DOH guidance before advising clients or patients.

Contact the attorneys at Altman & Associates at (301) 468-3220 or altmanassociates.net to ensure your plan is up to date.