Compassion & Choices
May 21st, 2026
What to Know about New York’s Medical Aid in Dying Act— a retired New York psychiatrist reflects on the state’s new medical aid in dying recording requirement…
When New York Gov. Kathy Hochul signed the Medical Aid in Dying Act into law on Feb. 6, 2026, she included an unusual provision: patients requesting medical aid in dying must make an audio or video recording of their oral request, which becomes a permanent part of their medical record.
To qualify, a patient must be mentally capable of making their own medical decisions, free from coercion, aware of their terminal diagnosis and prognosis, and informed of all risks, benefits, and alternatives under the law.
In a guest opinion published in Syracuse.com, retired psychiatrist and longtime medical aid in dying advocate Dr. Barry B. Perlman writes that he initially found the requirement perplexing. Most existing medical aid in dying laws require only an oral or written request — not a recorded one.
The specifics of how the process will work in practice will be determined by regulations the New York Department of Health is currently drafting.
