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New York joins medical aid-in-dying states as demand grows

New York is set to become the 14th state to legalize medical aid in dying for eligible terminally ill adults.

Frankie Delgado

By Frankie Delgado · News Reporter

3 min read

New York joins medical aid-in-dying states as demand grows
Photo: MarketWatch

New York will allow some terminally ill adults to obtain medication to end their lives starting Aug. 5, becoming the 14th U.S. state to legalize medical aid in dying, according to MarketWatch and New York health officials.

The option applies to eligible New Yorkers who are expected to live six months or less and can take the medication themselves. The change comes as advocates say more patients are asking about end-of-life choices while living longer with chronic, terminal illnesses.

Mandi Zucker, executive director of End of Life Choices New York, told MarketWatch that her organization has been getting frequent calls from people newly diagnosed with terminal conditions. She said some callers are looking for doctors who understand medical aid in dying and are willing to take part in the process.

Who can qualify

Rules differ by state, but MarketWatch reported that adults generally must satisfy three requirements. They must have a terminal illness with a prognosis of six months or less, be mentally capable of making their own healthcare decisions, and be able to ingest the medication without help.

Oregon was the first state to approve such a measure, passing a ballot initiative in 1994. Since then, other states and the District of Columbia have adopted laws allowing the practice, MarketWatch reported.

The process is built with safeguards, according to experts cited by MarketWatch. Doctors, and in some cases a psychologist, must confirm that a patient is making an informed and affirmative choice. Nancy Berlinger, a senior research scholar at the Hastings Center for Bioethics in Garrison, N.Y., said the procedure is not a quick route to getting a prescription to store away.

Because of those steps, planning can take months. MarketWatch reported that many patients who qualify and receive the medication do not ultimately use it.

Why timing can be difficult

For patients with advanced cancer or amyotrophic lateral sclerosis, hospice enrollment can make the end-of-life timeline clearer. Some choose to prepare for medical aid in dying even if they later decide not to take the medication.

Other diagnoses can make the decision more complicated. MarketWatch cited the example of a person with brain cancer who still feels well but knows their condition could worsen quickly, possibly leaving them unable to self-administer the drug.

Dementia presents another barrier. People in early or middle stages may know their cognition is declining, but MarketWatch reported that most dementia patients cannot use medical aid in dying because, by the time they want to proceed, they may no longer be able to prove decision-making capacity or take the medication by themselves.

Amy Bloom, a psychotherapist and author of the memoir In Love, told MarketWatch about her husband, Brian Ameche, who was diagnosed with dementia in 2019 at age 66. He did not want to wait until he had lost autonomy, and the couple traveled to Zurich, where the Swiss nonprofit Dignitas assisted him in dying.

Planning before a diagnosis

Peg Sandeen, chief executive of the advocacy group Death with Dignity, told MarketWatch that people open to medical aid in dying often want control over the dying process and have thought carefully about mortality.

Sandeen urged people to discuss end-of-life wishes with doctors, relatives and friends before a terminal diagnosis. She said values may remain steady even when a diagnosis changes someone’s outlook.

Bloom also told MarketWatch that the surviving partner can carry the experience of being present at an assisted death. She described it as helping a loved one complete a wish they had clearly expressed.

This story draws on original reporting from MarketWatch.