Governor Hochul Reaches Agreement With State Legislature to Pass Medical Aid in Dying Act in New York

Governor Hochul today announced an agreement with the Legislature to make medical aid in dying available to terminally ill New Yorkers with less than six months to live. This comes after careful reflection and deliberation with the bill's sponsors, advocacy organizations, and most importantly, everyday New Yorkers who shared personal experiences with the Governor. The bill, with the agreed-upon amendments, will be passed and signed in January, and the law will go into effect six months later.

"New York has long been a beacon of freedom, and now it is time we extend that freedom to terminally ill New Yorkers who want the right to die comfortably and on their own terms," said Governor Hochul. "My mother died of ALS, and I am all too familiar with the pain of seeing someone you love suffer and being powerless to stop it. Although this was an incredibly difficult decision, I ultimately determined that with the additional guardrails agreed upon with the legislature, this bill would allow New Yorkers to suffer less-to shorten not their lives, but their deaths."

The bill, as passed by the Legislature, had a number of protections in place to ensure that no patient was coerced into utilizing medical aid in dying and no doctor or religiously affiliated health facility was forced to offer medical aid in dying. With today's agreement, the Governor announces a number of additional guardrails that the Legislature has agreed to enact aimed at ensuring the integrity of the patient's decision and the preparedness of medical institutions to appropriately administer medical aid in dying. Today's agreement memorializes a shared path forward on this bill, with additional key guardrails, including:

• A mandatory waiting period of 5 days between when a prescription is written and filled.
• An oral request by the patient for medical aid in dying must be recorded by video or audio.
• A mandatory mental health evaluation of the patient seeking medical aid in dying by a psychologist or psychiatrist.
• A prohibition against anyone who may benefit financially from the death of a patient from being eligible to serve as a witness to the oral request or an interpreter for the patient.
• Limiting the availability of medical aid in dying to New York residents.
• Requiring that the initial evaluation of a patient by a physician be in person.
• Allowing religiously-oriented home hospice providers to opt out of offering medical aid in dying.
• Ensuring that a violation of the law is defined as professional misconduct under the Education Law.
• Extending the effective date of the bill to six months after signing to allow the Department of Health to put into place regulations required to implement the law while also ensuring that health care facilities can properly prepare and train staff for compliance.

State Senator Brad Hoylman-Sigal said, "Today, we make history. This agreement on Medical Aid in Dying is a monumental victory for every New Yorker who has wished to peacefully end their suffering from a terminal illness. Since we first introduced this legislation nine years ago, I have consistently said this bill is not about ending life, it's about shortening death. I'm proud that New York is now the 13th state, along with Washington, D.C., that will offer expanded end-of-life care so that terminally ill New Yorkers gain greater autonomy over how much pain and suffering they must endure. I want to thank Senate Leader Andrea Stewart-Cousins, Assembly sponsor Amy Paulin, and Governor Kathy Hochul for her leadership and willingness to take on a difficult issue and help limit the suffering of New Yorkers. Most of all, we owe a deep debt of gratitude to those afflicted with a terminal illness and their families, who shared the heart-wrenching details of their end-of-life decision making in the hopes of improving the options for future generations. New York is a state of dignity and compassion for New Yorkers at all stages of life, and today's announcement proves just that."

Assemblymember Amy Paulin said, "This is truly historic for New York. Today's announcement from Governor Hochul that she will be signing the Medical Aid in Dying Act into law gives countless New Yorkers the autonomy and dignity they deserve at the most vulnerable moment in their lives, and I am profoundly grateful for her leadership. This issue has always been deeply personal for me. My sister died a horrific death from ovarian cancer, and in her final days she was in pain so overwhelming that she begged for death. Her experience is, tragically, the story of so many others. Most people will never choose medical aid in dying, but they want the reassurance of having it as a compassionate safeguard that offers comfort even if it is never used. I want to thank the extraordinary advocates who have spent a decade working tirelessly by my side to make this day possible. Their perseverance never wavered. I am also deeply grateful to my Senate co-sponsor, Brad Hoylman-Sigal, for his partnership throughout this long journey. With this law, New York will become the twelfth state, plus Washington DC, to embrace compassion at the end of life. This milestone will bring compassion and comfort to so many across our state."

Senior Campaign Director for Compassion & Choices NY/NJ Corinne Carey said, "This law will represent the culmination of more than 10 years of determined, consistent effort by hundreds, no, thousands, of New Yorkers who advocated for this law. I've had and continue to have the honor of walking alongside New Yorkers who faced terminal diagnoses with bravery and love - people who opened their homes, their hearts, and often their final months to this movement. Many did not live to see this day. We carry the memory of 29 advocates we lost along the way whose suffering might have been eased had this option been available. That day next month - when the Medical Aid in Dying Act becomes the Medical Aid in Dying Law - is for them, for their families, and for everyone who simply wants the freedom to make deeply personal decisions about how they die. This law is about compassion, family, love, and respect for bodily autonomy. New Yorkers deserve nothing less. I am grateful that Governor Hochul listened to the voices of people whose lives and deaths were directly affected."

Executive Director of EOLCNY Mandi Zucker said,"Today marks an amazing milestone - but not the culmination - of the fight for Medical Aid in Dying in New York State. Governor Hochul will now give a choice to terminally ill New Yorkers - to end their lives with peace, grace, and dignity. The bill would not have been passed by the state legislature without the hard work and dedication of the lead sponsors of the bill, Senator Brad Holyman-Sigal, and Assemblymember Amy Paulin, as well as our entire staff, board, volunteers, and so many others who have made this day possible. But the work cannot stop now. We need to engage in a massive educational effort for physicians, attorneys, nurses, pharmacists, doulas, and so many other professionals who will be immediately impacted by this new law, as well as the general public. We look forward to working with the Governor's office and many professional organizations in the coming months and years to ensure the law is implemented successfully and efficiently."

Contact the Governor's Press Office