Glens Falls Chronicle Serving the Glens Falls/Lake George region; Warren, Washington and northern Saratoga counties since 1980
By James R. Burkett , Special to The Chronicle
On February 6, 2026, Governor Hochel signed the bill creating New York State’s first law permitting physicians to prescribe a cocktail of oral medications to assist an adult, competent patient to hasten their death.
Other regional states which have adopted similar statutes include Vermont, Maine and New Jersey.
The law shall be known as the Medical Aid in Dying Act.
The new law in New York which is codified as Article 28-F of the Public Health Law is particular with regard to its usage.
A patient seeking the relevant assistance must be terminally ill and have decision-making capacity.
This requires that the patient obtain a primary care doctor’s and a second doctor’s opinion that the patient suffers from an “incurable and irreversible illness or condition [which] will, within reasonable medical judgment, produce death within six months.”
The physicians are required to have a multifaceted conversation with the person requesting the assistance and prescription covering a variety of topics including alternative options, palliative and hospice care and treatment options for the terminal condition.
The patient, a resident of New York State, must request the assistance orally and then execute a written request for the prescription, which must have two disinterested witnesses.
There is also a required five-day period between when the prescription is written and when it can be filled by a pharmacist, with the exception of when a person may die within those five days.
A referral to a mental health professional is only required when either of the physicians is not convinced of the patient’s decision-making capacity.
When the time comes, the patient must self-administer the medication. No medical professional or other person can assist with the consumption of the medications.
The cause of death on the patient’s death certificate shall reflect the terminal medical condition of the patient.
The statute specifically provides that doctors, pharmacists and other health care professionals cannot be subject to criminal or civil penalties for goodfaith actions in accordance with the statutory provisions or for refusing to participate in any aspect of the procedure set forth in the law.
The new law goes into effect on August 5, 2026, six months from the date on which it was signed.
The Commissioner of the New York State Health Department has been tasked with establishing regulations for implementation of the law. Various amendments are already under consideration.
James R. Burkett has been practicing law for 32 years and is a Principal in the law firm of Bartlett, Pontiff, Stewart & Rhodes, P.C. whose practice focuses in Estate Planning, Estate Administration, Trusts & Elder Law.
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