Medical Aid in Dying Act takes effect Wednesday in NYS

Terminally ill adult New Yorkers with less than six months to live can now request a doctor prescribe them lethal medication to end their life as New York’s Medical Aid in Dying Act went into effect Wednesday.

The legislation, which was signed into law by Gov. Kathy Hochul in February after more than a decade of advocacy — and fierce opposition from the New York State Catholic Conference — makes New York the 13th state, along with the District of Columbia, to legalize physician-assisted suicide.

"Decisions about end-of-life care are deeply personal and best reached on an individual basis in consultation with a person’s doctor, family and loved ones," State Health Commissioner Dr. James McDonald said in a statement. "The Department has worked diligently and thoughtfully to establish guidance and to propose regulations designed to provide dignity and comfort to those who choose to use Medical Aid in Dying, while providing the necessary protections to ensure the law is not misused or inappropriately applied."

The law was allowed to move forward after a federal judge last week dismissed a lawsuit that argued the legislation violated state disability rights.

Meanwhile, in a separate case, the state agreed to a narrow temporary restraining order that allows the Diocese of Rockville Centre, the Catholic Health system and four orders of Catholic nuns, including the Missionary Sisters of St. Benedict, which operates St. Joseph's Home for the Aged, an assisted living facility in Huntington, to avoid providing information to patients about the law.

The groups had filed suit last month to block implementation of the law or to create a limited "opt-out" allowing religious institutions to not participate in advising terminally ill individuals about their options under the act.

"Until our legal fight is resolved, this temporary agreement keeps our ministries free to serve every patient according to the Gospel," said Bishop John O. Barres, of the Diocese of Rockville Centre.

The legislation allows mentally capable New Yorkers age 18 or older with a medically confirmed terminal illness, and who have six months or less to live, to take life-ending pharmaceuticals from a physician.

Two doctors would have to confirm the prognosis; patients must undergo a mental health evaluation, make both a written and verbal request, and wait at least five days before a prescription may be filled.

A candidate would have to be mentally competent to make an informed decision without being coerced and be able to self-administer and ingest the medication.

"Our society has reached a pivotal moment where we are able to have open and honest conversations about death; where we can recognize that for some patients, the option of medical aid in dying provides them the freedom to make their own, deeply personal end-of-life decisions," said Peg Sandeen, chief executive of Death with Dignity, a national organization that advocated for the bill, in a statement.

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.