Amd §§2899-d, 2899-e, 2899-f, 2899-h, 2899-i, 2899-j, 2899-k, 2899-m & 2899-n, Pub Health L; amd §3, Chap of
2025 (as proposed in S. 138 & A. 136); amd §6530, Ed L
Relates to requirements for medical professionals and health care facilities that provide medication to patients for medical aid in dying; extends the initial effectiveness of certain provisions relating thereto.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9515
SPONSOR: Paulin TITLE OF BILL:
An act to amend the public health law and the education law, in relation
to requirements for the provision of medication for medical aid in
dying; and to amend a chapter of the laws of 2025 amending the public
health law relating to a terminally ill patient's request for and use of
medication for medical aid in dying, as proposed in legislative bills
numbers S. 138 and A. 136, in relation to the effectiveness thereof
PURPOSE:
To make various changes to the Medical Aid in Dying Act, including
requiring evaluations by attending physicians to be made in-person (with
exceptions for certain patients), requiring all patients to receive an
evaluation of decision-making capacity by a psychiatrist or psychol-
ogist, requiring a five-day waiting period before prescriptions may be
filled, and requiring all patients receiving Medical Aid in Dying to be
residents of New York State.
SUMMARY OF PROVISIONS:
This bill makes various amendments to the Medical Aid in Dying Act.
Section 1 provides that the term "mental health professional" shall only
include licensed psychiatrists and licensed psychologists; the term
"patient" shall only include residents of New York; "health care facili-
ty" prohibitions against Medical Aid in Dying include home hospices; and
clarifies that, an illness will only be considered terminal if it will,
within reasonable medical judgment, produce death within six months
whether or not treatment is provided.
Section 2 provides that oral requests may be made in an alternative
manner if a patient is unable to make an oral request, that all oral
requests must be recorded and permanently stored in a patient's health
record, and clarifies that no individual who may otherwise benefit from
the death of a patient may sign as a witness in such patient's written
request for medication.
Section 3 provides that attending physicians must evaluate a patient
in-person, unless such in-person requirement would cause "extraordinary
hardship" on a patient; that all patients requesting Medical Aid in
Dying receive a decision-making evaluation by a mental health profes-
sional; and that a prescription for medication under this title may not
be filled until 5 days after the prescription is written.
Sections 4-6 make conforming edits in accordance with the previous
sections.
Section 7 clarifies that interpreters may not be domestic partners, an
agent of the patient, or otherwise in a position to benefit financially
from the patient's death.
Section 8 allows a corporate entity to prohibit Medical Aid in Dying in
any affiliated facility and clarifies that a facility's prohibition
against Medical Aid in Dying may not restrict a patient's ability to
receive Medical Aid in Dying at home.
Section 9 clarifies language prohibiting insurance companies from
including information about Medical Aid in Dying alongside insurance
denials.
Section 10 amends the Education law to explicitly include violations of
the Medical Aid in Dying Act under the definition of "professional
misconduct."
Section 11 extends the effective date from immediately to 180 days and
allows the Department to adopt rules on an emergency basis effective
immediately.
JUSTIFICATION:
In 2025, the New York State Legislature passed the Medical Aid in Dying
Act, which would allow terminally ill individuals, determined to have
decision-making capacity, to request self-administered medication to end
their life. However, technical changes and additional safeguards were
necessary for the implementation of this bill and to protect the rights
of terminally ill New Yorkers and religious hospitals.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
provisions of sections one, two, three, four, five, six, seven, eight,
nine and ten of this act shall take effect on the same date and in the
same manner as a chapter of the laws of 2025 amending the public health
law relating to a terminally ill patient's request for and use of medi-
cation for medical aid in dying, as proposed in legislative bills
numbers S. 138 and A. 136, takes effect.
