JURISTnews
By Joshua Villanueva
February 7th, 2026
New York approves ‘medical aid in dying’ statute, with safeguards
New York Governor Kathy Hochul signed the “Medical Aid in Dying Act” on Friday, making New York the latest state to authorize physician-assisted dying for certain terminally ill patients. The law represents a major policy reversal in a state where the highest court had previously found that assisted suicide remained unlawful absent legislative change.
The new statute permits an “aid-in-dying” prescription for eligible adult residents who are terminally ill and expected to die within six months, subject to layered procedural safeguards the governor negotiated with the State Legislature.
Among the added “guardrails” highlighted by the governor’s office are:
- a mandatory five-day waiting period between when the prescription is written and when it can be filled,
- a requirement that the patient’s oral request be audio- or video-recorded,
- a mandatory mental health evaluation by a psychologist or psychiatrist,
- disqualification of anyone who stands to benefit financially from the patient’s death from serving as a witness or interpreter,
- an in-person initial physician evaluation, and
- explicit opt-out provisions for religiously oriented hospice providers.
New York becomes the 13th state to authorize some form of physician-assisted dying. Oregon pioneered the approach by legalizing medical aid in dying in 1994, and Illinois most recently joined the list after signing its law in December.
