By Hank Russell
Some local elected officials and religious organizations spoke out on the signing of the Medical Aid in Dying Act (MAID) into law, with some saying it allows those to “die with dignity,” while others argued that the new law promotes the “culture of death” and forsakes the dignity of life.
On February 9, Governor Kathy Hochul signed the bill into law. The legislation, which was introduced by state Senator Gustavo Rivera (D,WF-Bronx) and Assemblywoman Amy Paulin (D-Scarsdale), allows terminally ill patients with six months or less to live to be administered life-ending medications by a licensed physician.
“Our state will always stand firm in safeguarding New Yorkers’ freedoms and right to bodily autonomy, which includes the right for the terminally ill to peacefully and comfortably end their lives with dignity and compassion,” Hochul said. “This journey was deeply personal for me. Witnessing my mother’s suffering from ALS was an excruciating experience, knowing there was nothing I could do to alleviate the pain of someone I loved.”
The governor held a press conference in December, announcing that an agreement had been reached between her and the state Legislature. Hochul said it took “years of intimate discussions” with sponsors, health experts, advocates, and most importantly, families who have seen firsthand what their loved ones went through.
“New Yorkers deserve the choice to endure less suffering, not by shortening their lives, but by shortening their deaths — I firmly believe we made the right decision,” she said.
The bill, as passed by the Legislature originally, included a number of protections in order to ensure that no patient was coerced into choosing medical aid in dying and that no health care professional or religiously affiliated health facility would be forced to offer medical aid in dying. The governor worked with the state Legislature to include additional guardrails that will make sure people won’t be taken advantage of, while still ensuring terminally ill New Yorkers have the choice to die comfortably and on their own terms, including:
- A mandatory five-day waiting period between when a prescription is written and filled.
- An oral request by the patient for medical aid in dying must be recorded by video or audio.
- A mandatory mental health evaluation of the patient seeking medical aid in dying by a psychologist or psychiatrist.
- A prohibition against anyone who may benefit financially from the death of a patient from being eligible to serve as a witness to the oral request or an interpreter for the patient.
- Limiting the availability of medical aid in dying to New York residents.
- Requiring that the initial evaluation of a patient by a physician be in person.
- Allowing religiously-oriented home hospice providers to opt out of offering medical aid in dying.
- Ensuring that a violation of the law is defined as professional misconduct under the Education Law.
- Extending the effective date of the bill to six months after signing to allow the Department of Health to put into place regulations required to implement the law, while also ensuring that health care facilities can properly prepare and train staff for compliance.
While she was glad to see the Act be signed into law, Mandi Zucker, the executive director of End of Life Care New York, noted that “the work cannot stop now. We need to engage in a massive educational effort for physicians, attorneys, nurses, pharmacists, doulas, and so many other professionals who will be immediately impacted by this new law, as well as the general public.”
In the past, Long Island Life & Politics has published editorials in favor of MAID becoming law. In the LILP poll, a plurality — 43.65% — said it should become law, while one-third of respondents disagreed and 23% did not know or were unsure.
But not all agreed. Assemblyman Daniel Norber (R,C-Great Neck) voted against MAID, citing concerns about the long-term ethical and societal implications of the proposal.
“The government should be focused on expanding access to quality end-of-life care, pain management and palliative support,” Norber said. “It should not create a framework that risks eroding our respect for human life at its most vulnerable moment. I have profound respect for the dignity of every New Yorker facing the end of life. This amendment moves us down a path with serious and irreversible consequences for vulnerable patients and their families.”
In a joint statement, the Bishops of New York State said, “This new law signals our government’s abandonment of its most vulnerable citizens, telling people who are sick or disabled that suicide in their case is not only acceptable, but is encouraged by our elected leaders.”