On August 5, 2026 the New York State Department of Health announced the new Medical Aid in Dying Law which Governor Kathy Hochul had signed into law in February 2026 had officially taken effect. The law allows New Yorkers with terminal illnesses and less than six months to live to request medication to aid and speed their passing.

“Decisions about end-of-life care are deeply personal and best reached on an individual basis in consultation with a person’s doctor, family and loved ones,” State Health Commissioner Dr. James McDonald said. “The Department has worked diligently and thoughtfully to establish guidance and to propose regulations designed to provide dignity and comfort to those who choose to use Medical Aid in Dying, while providing the necessary protections to ensure the law is not misused or inappropriately applied.” 

The law was passed in New York to expand end-of-life options for terminally ill residents, working alongside other services such as hospice and palliative care. However, no medical professional is required to follow the law and assist a patient by providing medication. 

According to the New York State Department of Health Website, “Participation in Medical Aid in Dying is voluntary. No physician, pharmacist, other health care provider or other person shall be subject to liability or penalty or professional disciplinary action by any government entity for taking any reasonable, good-faith action or refusing to act under the Medical Aid in Dying law.”

Applicants for Medical Aid in Dying also have to meet a number of criteria to be approved in order to prevent rushed decisions or family members who could benefit from their deaths. Requirements include:

• An oral request by the patient for Medical Aid in Dying, recorded by video or audio.
• A signed, written request by the patient for Medical Aid in Dying, with two witnesses.
• A determination by an attending physician and a consulting physician that the patient has a terminal illness or condition and has decision-making capacity.
• A mandatory mental health evaluation of the patient seeking medical aid in dying by a psychologist or psychiatrist to determine decision-making capacity.
• A mandatory waiting period of 5 days between when a prescription is written and when it can be filled.
• A prohibition against anyone who may benefit financially from the death of a patient from being eligible to serve as a witness or an interpreter for the patient.
• A requirement that the attending physician fully inform the patient of feasible alternatives and appropriate treatment options, including palliative care and hospice care.
• A requirement that the patient must self-administer the medication.

Although this law is a first for New York, the state is following in the footsteps of others who have tested and passed similar programs. As of 2026, 13 states and Washington, D.C. have passed Medical Aid in Dying laws.

“Our state will always stand firm in safeguarding New Yorkers’ freedoms and right to bodily autonomy, which includes the right for the terminally ill to peacefully and comfortably end their lives with dignity and compassion,” Governor Hochul said. “This journey was deeply personal for me. Witnessing my mother’s suffering from ALS was an excruciating experience, knowing there was nothing I could do to alleviate the pain of someone I loved. It took years of intimate discussions with our bill sponsors, health experts, advocates, and most importantly, families who have similar firsthand experiences. New Yorkers deserve the choice to endure less suffering, not by shortening their lives, but by shortening their deaths — I firmly believe we made the right decision.”