After Intense Debate, Medical Aid in Dying Act Barely Wins NYS Senate Approval

The Medical Aid in Dying Act passed the New York State Senate on Monday night, and with it already approved in the State Assembly 81-67 in April, it will head to Governor Kathy Hochul for final approval. If she signs the legislation, New York would be 12th state to legalize medical aid in dying.

After hours of back and forth between Democratic bill sponsors and Senate Republicans, the legislation passed along party lines 35-27 late on Monday, with six Democrats voting no.

The measure, if approved by the Governor, would allow anyone diagnosed with an illness or condition that would kill them within six months to have the legal right to end their own lives. It would have to happen with "reasonable medical judgement" and a patient with "decision-making capacity." Though, provisions, and qualifiers, like that were hotly debated on the floor on Monday.

In a statement, Corinne Carey, Compassion & Choices’ senior campaign director for New York/New Jersey, said: “I am profoundly grateful to Senate Majority Leader Stewart-Cousins for giving her conference the space to have this important and emotional discussion. Deep thanks as well to Senators Hoylman-Sigal and Scarcella-Spanton. Majorities in both houses are leading with love. They are providing terminally ill New Yorkers with the autonomy they deserve over their own end-of-life experiences. And they are providing comfort, allowing those who are dying to live their time more fully and peacefully until the end. We look forward to Governor Hochul signing the legislation to make New York the 12th state and 13th jurisdiction in the US to authorize medical aid in dying.”

In a statement, Dennis Poust, executive director of the New York State Catholic Conference said: “This is a dark day for New York State. For the first time in its history, New York is on the verge of authorizing doctors to help their patients commit suicide. Make no mistake – this is only the beginning, and the only person standing between New York and the assisted suicide nightmare unfolding in Canada is Governor Hochul. The Governor has said she will review the legislation when it gets to her desk. We expect that when she does so, she will conclude what 27 of her fellow Democrats in the legislature have – that this bill would be catastrophic for medically underserved communities, including communities of color, as well as for people with disabilities and other vulnerable populations who will be at the mercy of a healthcare industry that will soon be reeling from federal Medicaid cuts. Governor Hochul has acted boldly to address the suicide crisis in our state and has made access to mental health care a hallmark of her tenure as Governor, with historic investments the last two years. This bill undermines those priorities. The legislation passed in the Senate and Assembly contains no requirement for a psychological screening for depression or other mental illness, and not even so much as a brief waiting period for people who might be in despair following a terminal diagnosis. We fully expect the Governor will also hear the concerns of the disabilities community, which has expressed grave concern that they will be coerced toward assisted suicide due to loss of independence or bodily function. We reject the false notion that suicide is ever a solution. Instead, we call on New York State to expand palliative and hospice care, mental health services, and family caregiver support. We look forward to continuing to work with the Governor on these priorities following her veto of this disastrous bill.”

You can read the full legislation here . Click here for American Medical Association guidance for physicians.

Stay tuned for a full report with reactions from both sides on this story.