Medical Aid in Dying Act in New York
On Feb. 6, 2026, New York State Governor Kathy Hochul signed legislation S.138/A.136, allowing terminally ill New York State residents aged eighteen (18) years or older with decision-making capacity, and a prognosis of less than six months to live, to request Medical Aid in Dying (MAID) from an attending physician.
Albany Med Health System (AMHS) permits its physicians, mental health professionals, pharmacists, and appropriate clinical staff to voluntarily participate in MAID consistent with the Act, AMHS and institutional policies, and applicable professional standards.
A request must be initiated by the patient and cannot be made through an advance healthcare directive, MOLST, surrogate, health care agent, or any other representative or document except as specified in this policy.
If you are an AMHS patient, ask your physician about your treatment options. Your physician is dedicated to ensuring that you receive care that is appropriate for your needs and health goals.
When it has become clear that you are in the final months of life, there are many things to consider. Many symptoms, such as pain or nausea, can often be managed by a palliative care or hospice team, and services can even be brought into your home to enhance your comfort and quality of life.
Only a patient can decide that their quality of life is so intolerable that pursuing medical aid in dying seems to be the best course of action to end one's own life in a humane and dignified manner.
If you believe that this is true, you should begin this discussion with the physicians who know you best. Physicians who do not participate in the MAID program are not obligated by law to act on your request.
If your physician does not prescribe medications used for Medical Aid in Dying (MAID), you can ask to be referred to a participating provider.
Only the individual patient can initiate a discussion with a provider regarding a desire to pursue MAID.
The request for MAID must be recorded in an audio or video format, as well as a signed consent witnessed by two adults.
Witnesses cannot be a relative, domestic partner, financial beneficiary, an agent under the patient’s health care proxy/power of attorney, or any staff member of the patient’s treating health care facility.
Impending death is often a time of high and conflicting emotions and values. Most people understand the desire to limit or end suffering, but end -of-life or the loss of a loved one is still a very difficult reality to cope with.
Some things to consider are:
Who do you want to know about your interest in aid in dying?
Have you shared your thoughts with anyone in your family, or with friends?
Do you want to have family or friends present at the time of your death?
Are you feeling pressured to pursue aid in dying so as not to burden your loved ones?
Is there any conflict within your family regarding your interest in aid in dying?
The MAID process is governed by NY State Law and requires many steps and very specific documentation by several individuals that can take time to complete.
These steps are being implemented to ensure accordance with NY State Law and patient safety.
Patients require a first appointment with an attending doctor in which the patient makes a verbal request for MAID.
At this appointment, there is a requirement for video/audio taping of verbal requests and completion of consent forms for MAID
Next, there needs to be an appointment with a consulting Doctor to assess and confirm that all qualifications for MAID have been met.
A third appointment is required for evaluation by a mental health professional (MD, DO, psychologist) to assess and confirm decision making capacity.
The physicians or psychologists involved in the assessments may independently decide whether a patient qualifies or does not qualify at any point in the process.
Once the attending physician has confirmed that qualifications are met, the patient’s case is referred to the AMHS internal MAID Review Committee to ensure that all qualifications have been met in accordance with NY State Law.
If approved: attending doctor may electronically transmit prescription to a participating compounding pharmacy.
Check with your pharmacist to see if your insurance plan covers the cost.
A prescription for MAID medication will be sent directly to a participating pharmacy.
There will be a 5-day waiting period from the time that a participating pharmacy receives a prescription for MAID medications, and when they can be legally dispensed.
You must be able to mix, administer and ingest the medication independently.
You may also be given medication to take before the MAID medication, to help prevent nausea and vomiting.
You must be able to self-administer the medication by mouth or through another medically appropriate route of administration. The medication is taken with approximately 2–4 ounces of liquid. It typically induces sleep within minutes, followed by death within a few hours.
Remember, you have the right to change your mind about taking the medications at any time, even after obtaining them. You always have the right to stop the process at any time.
If you obtain the medications, the pharmacist will review proper storage and handling of them. Be sure to keep them in a safe place in your home, preferably locked up, and arrange for them to be safely disposed of if unused.
The law does not allow taking these drugs in a public place. You are allowed to take them home. If you are at a nursing facility or out-of-home placement, check with your agency if ingestion is allowed on their property.
Compassion and Choices. (2026) What to know about New York’s Medical Aid in Dying Act
Compassion and Choices (2026). Medical aid in dying is NOT suicide, assisted suicide or euthanasia