LBD00320-02-6
S. 8835 2
AN INDIVIDUAL (A) LICENSED TO PRACTICE MEDICINE IN NEW YORK STATE WHO IS
A DIPLOMATE OF THE AMERICAN BOARD OF PSYCHIATRY AND NEUROLOGY OR IS
ELIGIBLE TO BE CERTIFIED BY THAT BOARD OR IS CERTIFIED BY THE AMERICAN
OSTEOPATHIC BOARD OF NEUROLOGY AND PSYCHIATRY OR IS ELIGIBLE TO BE
CERTIFIED BY THAT BOARD; OR (B) LICENSED TO PRACTICE PSYCHOLOGY UNDER
TITLE EIGHT OF THE EDUCATION LAW.
13. "Patient" means a [person] RESIDENT OF NEW YORK STATE who is eigh-
teen years of age or older under the care of a physician.
17. "Terminal illness or condition" means an incurable and irrevers-
ible illness or condition that has been medically confirmed and will,
within reasonable medical judgment, produce death within six months
WHETHER OR NOT TREATMENT IS PROVIDED.
18. "Third-party health care payer" has its ordinary meaning and
includes, but is not limited to, an insurer, organization or corporation
licensed or certified under article thirty-two, forty-three or forty-
seven of the insurance law, or article forty-four of the public health
law; or an entity such as a pharmacy benefits manager[, fiscal adminis-
trator, or administrative services provider that participates in the
administration of a third-party health care payer system] OR THIRD-PARTY
ADMINISTRATOR.
§ 2. Subdivisions 1, 2 and 3 of section 2899-e of the public health
law, as added by a chapter of the laws of 2025 amending the public
health law relating to a terminally ill patient's request for and use of
medication for medical aid in dying, as proposed in legislative bills
numbers S. 138 and A. 136, are amended to read as follows:
1. Oral and written request. A patient wishing to request medication
under this article shall make an oral request and submit a written
request to the patient's attending physician. IF A PATIENT IS NOT PHYS-
ICALLY CAPABLE OF MAKING AN ORAL REQUEST, SUCH REQUEST CAN BE MADE USING
AN ALTERNATIVE METHOD OF COMMUNICATION FAMILIAR TO THE PATIENT. ORAL
REQUESTS MADE UNDER THIS SUBDIVISION MUST BE RECORDED BY AN AUDIO OR
VIDEO DEVICE AND PERMANENTLY STORED IN THE PATIENT'S MEDICAL RECORD.
2. Making a written request. A patient may make a written request for
and consent to self-administer medication for the purpose of ending such
patient's life in accordance with this article if the patient:
(a) has been determined by the attending physician to have a terminal
illness or condition and which has been medically confirmed by a
consulting physician; and
(b) based on an informed decision, [expresses] REQUESTS voluntarily,
of the patient's own volition and without coercion [the request for],
medication to end such patient's life.
3. Written request signed and witnessed. (a) A written request for
medication under this article shall be signed and dated by the patient
and witnessed by at least two adults who, in the presence of the
patient, attest that to the best of the persons knowledge and belief the
patient has decision-making capacity, is acting voluntarily, is making
the request for medication of the patient's own volition and is not
being coerced to sign the request. The written request shall be in
substantially the form described in section twenty-eight hundred nine-
ty-nine-k of this article.
(b) Both witnesses shall be adults who are not:
(i) a relative of the patient by blood, marriage or adoption;
(ii) a person who at the time the request is signed would be entitled
to any portion of the estate of the patient upon death under any will or
by operation of law OR WOULD OTHERWISE BENEFIT FINANCIALLY FROM THE
DEATH OF THE PATIENT;
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(iii) an owner, operator, employee or independent contractor of a
health care facility where the patient is receiving treatment or is a
resident;
(iv) a domestic partner of the patient, as defined in subdivision
seven of section twenty-nine hundred ninety-four-a of this chapter;
(v) an agent under the patient's health care proxy as defined in
subdivision five of section twenty-nine hundred eighty of this chapter;
or
(vi) an agent acting under a power of attorney for the patient as
defined in section 5-1501 of the general obligations law.
(c) The attending physician, consulting physician and[, if applica-
ble,] the mental health professional who provides a decision-making
capacity determination of the patient under this article shall not be a
witness.
§ 3. Section 2899-f of the public health law, as added by a chapter of
the laws of 2025 amending the public health law relating to a terminally
ill patient's request for and use of medication for medical aid in
dying, as proposed in legislative bills numbers S. 138 and A. 136, is
amended to read as follows:
§ 2899-f. Attending physician responsibilities. 1. [The] UPON A
PATIENT'S REQUEST FOR A MEDICAL AID-IN-DYING PRESCRIPTION, THE attending
physician shall examine the patient IN PERSON and the patient's relevant
medical records [and], PROVIDED, HOWEVER, THAT THE ATTENDING PHYSICIAN
MAY WAIVE THE IN-PERSON EXAMINATION REQUIREMENT AND CONDUCT THE EXAMINA-
TION VIA TELEHEALTH IF THE PHYSICIAN DETERMINES, WITHIN REASONABLE
MEDICAL JUDGMENT, AND DOCUMENTS IN THE PATIENT'S MEDICAL RECORD THAT
REQUIRING AN IN-PERSON VISIT WOULD RESULT IN EXTRAORDINARY HARDSHIP TO
THE PATIENT. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "EXTRAORDINARY
HARDSHIP" SHALL MEAN CIRCUMSTANCES IN WHICH AN IN-PERSON EXAMINATION
WOULD CAUSE THE PATIENT UNDUE PAIN OR SUFFERING, OR WOULD NECESSITATE
EXTRAORDINARY EXPENSE OR LOGISTICAL BURDEN FOR MEDICALLY-NECESSARY
TRANSPORTATION. IN SUCH CASES, THE EXAMINATION MAY BE CONDUCTED VIA
TELEHEALTH ONCE THE ATTENDING PHYSICIAN AFFIRMS THAT ALL OTHER REQUIRE-
MENTS OF THIS ARTICLE HAVE BEEN FULFILLED. THE ATTENDING PHYSICIAN
SHALL ALSO:
(a) make a determination of whether a patient has a terminal illness
or condition, has decision-making capacity, has made an informed deci-
sion and has made the request voluntarily of the patient's own volition
and without coercion;
(b) inform the patient of the requirement under this article for
confirmation by a consulting physician, and refer the patient to a
consulting physician upon the patient's request;
(c) INFORM THE PATIENT OF THE REQUIREMENT UNDER THIS ARTICLE FOR
CONFIRMATION BY A MENTAL HEALTH PROFESSIONAL, AND refer the patient to a
mental health professional [pursuant to section twenty-eight hundred
ninety-nine-i of this article if the attending physician believes that
the patient may lack decision-making capacity to make an informed deci-
sion] UPON THE PATIENT'S REQUEST;
(d) provide information and counseling under section twenty-nine
hundred ninety-seven-c of this chapter, PROVIDED, HOWEVER, THAT IF THE
ATTENDING PHYSICIAN IS NOT WILLING OR DOES NOT FEEL QUALIFIED TO PROVIDE
THE PATIENT WITH INFORMATION AND COUNSELING UNDER THIS PARAGRAPH, THE
ATTENDING PHYSICIAN MAY ARRANGE FOR ANOTHER PHYSICIAN TO DO SO, OR SHALL
REFER OR TRANSFER THE PATIENT TO ANOTHER PHYSICIAN WILLING TO DO SO;
(e) ensure that the patient is making an informed decision by discuss-
ing with the patient: (i) the patient's medical diagnosis and prognosis;
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(ii) the potential risks associated with taking the medication to be
prescribed; (iii) the probable result of taking the medication to be
prescribed; (iv) the possibility that the patient may choose to obtain
the medication but not take it; (v) the feasible alternatives and appro-
priate treatment options, including but not limited to (1) information
and counseling regarding palliative and hospice care and end-of-life
options appropriate to the patient, including but not limited to: the
range of options appropriate to the patient; the prognosis, risks and
benefits of the various options; and the patient's legal rights to
comprehensive pain and symptom management at the end of life; and (2)
information regarding treatment options appropriate to the patient,
including the prognosis, risks and benefits of the various treatment
options;
(f) offer to refer the patient for other appropriate treatment
options, including but not limited to palliative care and hospice care;
(g) provide health literate and culturally appropriate educational
material regarding hospice and palliative care that has been prepared by
the department in consultation with representatives of hospice and
palliative care providers from all regions of New York state, and that
is available on the department's website for access and download,
provided, however, an otherwise eligible patient cannot be denied care
under this article if these materials are not developed by the effective
date of this article;
(h) discuss with the patient the importance of:
(i) having another person present when the patient takes the medica-
tion and the restriction that no person other than the patient may
administer the medication;
(ii) not taking the medication in a public place; and
(iii) informing the patient's family of the patient's decision to
request and take medication that will end the patient's life; a patient
who declines or is unable to notify family shall not have such patient's
request for medication denied for that reason;
(i) inform the patient that such patient may rescind the request for
medication at any time and in any manner;
(j) fulfill the medical record documentation requirements of section
twenty-eight hundred ninety-nine-j of this article; and
(k) ensure that all appropriate steps are carried out in accordance
with this article before writing a prescription for medication.
2. Upon receiving confirmation from a consulting physician AND MENTAL
HEALTH PROFESSIONAL under section twenty-eight hundred ninety-nine-h of
this article and [subject to] section twenty-eight hundred ninety-nine-i
of this article, RESPECTIVELY, the attending physician who determines
that the patient has a terminal illness or condition, has decision-mak-
ing capacity and has made a voluntary request for medication as provided
in this article, may personally, or by referral to another physician,
prescribe or order appropriate medication in accordance with the
patient's request under this article, and at the patient's request,
facilitate the filling of the prescription and delivery of the medica-
tion to the patient.
3. A PRESCRIPTION FOR MEDICATION SHALL NOT BE FILLED UNTIL FIVE DAYS
AFTER THE PRESCRIPTION HAS BEEN WRITTEN, UNLESS THE PATIENT'S ATTENDING
PHYSICIAN HAS MEDICALLY CONFIRMED THAT THE QUALIFIED INDIVIDUAL MAY,
WITHIN REASONABLE MEDICAL JUDGMENT, DIE BEFORE THE EXPIRATION OF THE
WAITING PERIOD IDENTIFIED HEREIN, IN WHICH CASE, THE PRESCRIPTION MAY BE
FILLED ONCE THE ATTENDING PHYSICIAN AFFIRMS THAT ALL OTHER REQUIREMENTS
PURSUANT TO THIS ARTICLE HAVE BEEN FULFILLED. SUCH PRESCRIPTION MUST
S. 8835 5
INDICATE THE DATE AND TIME THAT THE PRESCRIPTION FOR MEDICATION WAS
WRITTEN AND INDICATE THE FIRST ALLOWABLE DATE AND TIME WHEN IT MAY BE
FILLED.
4. In accordance with the direction of the prescribing or ordering
physician and the consent of the patient, the patient may self-adminis-
ter the medication to themselves. A health care professional or other
person shall not administer the medication to the patient.
§ 4. Subdivision 2 of section 2899-h of the public health law, as
added by a chapter of the laws of 2025 amending the public health law
relating to a terminally ill patient's request for and use of medication
for medical aid in dying, as proposed in legislative bills numbers S.
138 and A. 136, is amended to read as follows:
2. confirm, in writing, to the attending physician and the patient,
whether: (a) the patient has a terminal illness or condition; (b) the
patient is making an informed decision; (c) the patient has decision-
making capacity[, or provide documentation that the consulting physician
has referred the patient for a determination under section twenty-eight
hundred ninety-nine-i of this article]; and (d) the patient is acting
voluntarily, of the patient's own volition and without coercion.
§ 5. Section 2899-i of the public health law, as added by a chapter of
the laws of 2025 amending the public health law relating to a terminally
ill patient's request for and use of medication for medical aid in
dying, as proposed in legislative bills numbers S. 138 and A. 136, is
amended to read as follows:
§ 2899-i. [Referral to mental] MENTAL health professional RESPONSIBIL-
ITIES. 1. [If the attending physician or the consulting physician deter-
mines that the patient may lack decision-making capacity to make an
informed decision due to a condition, including, but not limited to, a
psychiatric or psychological disorder, or other condition causing
impaired judgement, the attending physician or consulting physician
shall refer the patient to a mental health professional for a determi-
nation of whether the patient has decision-making capacity to make an
informed decision. The referring physician shall advise the patient that
the report of the mental health professional will be provided to the
attending physician and the consulting physician.
2. A mental health professional who evaluates a] BEFORE A PATIENT WHO
IS REQUESTING MEDICATION MAY RECEIVE A PRESCRIPTION FOR MEDICATION UNDER
THIS ARTICLE, A MENTAL HEALTH PROFESSIONAL MUST EVALUATE THE patient
[under this section shall] AND report, in writing, to the attending
physician and the consulting physician, the mental health professional's
independent conclusions about whether the patient has decision-making
capacity to make an informed decision, provided that if, at the time of
the report, the patient has not yet been referred to a consulting physi-
cian, then upon referral the attending physician shall provide the
consulting physician with a copy of the mental health professional's
report. If the mental health professional determines that the patient
lacks decision-making capacity to make an informed decision, the patient
shall not be deemed a qualified individual, and the attending physician
shall not prescribe medication to the patient.
[3.] 2. A determination made pursuant to this section that an adult
patient lacks decision-making capacity shall not be construed as a find-
ing that the patient lacks decision-making capacity for any other
purpose.
§ 6. Subdivision 4 of section 2899-j of the public health law, as
added by a chapter of the laws of 2025 amending the public health law
relating to a terminally ill patient's request for and use of medication
S. 8835 6
for medical aid in dying, as proposed in legislative bills numbers S.
138 and A. 136, is amended to read as follows:
4. [if applicable,] written [confirmation] DETERMINATION of decision-
making capacity under section twenty-eight hundred ninety-nine-i of this
article; and
§ 7. Section 2899-k of the public health law, as added by a chapter of
the laws of 2025 amending the public health law relating to a terminally
ill patient's request for and use of medication for medical aid in
dying, as proposed in legislative bills numbers S. 138 and A. 136, is
amended to read as follows:
§ 2899-k. Form of written request and witness attestation. 1. A
request for medication under this article shall be in substantially the
following form:
REQUEST FOR MEDICATION TO END MY LIFE
I, _________________________________, am an adult who has decision-
making capacity, which means I understand and appreciate the nature and
consequences of health care decisions, including the benefits and risks
of and alternatives to any proposed health care, and to reach an
informed decision and to communicate health care decisions to a physi-
cian.
I have been diagnosed with (insert diagnosis), which my attending
physician has determined is a terminal illness or condition, which has
been medically confirmed by a consulting physician AND MENTAL HEALTH
PROFESSIONAL AND WILL, IN THE JUDGMENT OF THE PHYSICIANS AND MENTAL
HEALTH PROFESSIONAL, PRODUCE DEATH WITHIN SIX MONTHS WHETHER OR NOT
TREATMENT IS PROVIDED.
I have been fully informed of my diagnosis and prognosis, the nature
of the medication to be prescribed and potential associated risks, the
expected result, and the feasible alternatives and treatment options
including but not limited to palliative care and hospice care.
I request that my attending physician prescribe medication that will
end my life if I choose to take it, and I authorize my attending physi-
cian to contact another physician or any pharmacist about my request.
INITIAL ONE:
( ) I have informed or intend to inform one or more members of my
family of my decision.
( ) I have decided not to inform any member of my family of my deci-
sion.
( ) I have no family to inform of my decision.
I understand that I have the right to rescind this request or decline
to use the medication at any time.
I understand the importance of this request, and I expect to die if I
take the medication to be prescribed. I further understand that although
most deaths occur within three hours, my death may take longer, and my
attending physician has counseled me about this possibility.
I make this request voluntarily, of my own volition and without being
coerced, and I accept full responsibility for my actions.
Signed: __________________________
Dated: ___________________________
DECLARATION OF WITNESSES
S. 8835 7
I declare that the person signing this "Request for Medication to End
My Life":
(a) is personally known to me or has provided proof of identity;
(b) voluntarily signed the "Request for Medication to End My Life" in
my presence or acknowledged to me that the person signed it; and
(c) to the best of my knowledge and belief, has decision-making capac-
ity and is making the "Request for Medication to End My Life" voluntar-
ily, of the person's own volition and is not being coerced to sign the
"Request for Medication to End My Life".
I am not the attending physician or consulting physician of the person
signing the "Request for Medication to End My Life" or[, if applicable,]
the mental health professional who provides a decision-making capacity
determination of the person signing the "Request for Medication to End
My Life" at the time the "Request for Medication to End My Life" was
signed.
I further declare under penalty of perjury that the statements made
herein are true and correct and false statements made herein are punish-
able.
I further declare that I am not (i) related to the above-named patient
by blood, marriage or adoption[,]; (ii) entitled at the time the patient
signed the "Request for Medication to End My Life" to any portion of the
estate of the patient upon such patient's death under any will or by
operation of law, or OTHERWISE IN A POSITION TO BENEFIT FINANCIALLY FROM
THE PATIENT'S DEATH; (iii) an owner, operator, employee or independent
contractor of a health care facility where the patient is receiving
treatment or is a resident; (IV) A DOMESTIC PARTNER OF THE PATIENT, AS
DEFINED IN SUBDIVISION SEVEN OF SECTION TWENTY-NINE HUNDRED
NINETY-FOUR-A OF THE PUBLIC HEALTH LAW; (V) AN AGENT, AS DEFINED IN
SUBDIVISION FIVE OF SECTION TWENTY-NINE HUNDRED EIGHTY OF THE PUBLIC
HEALTH LAW, UNDER THE PATIENT'S HEALTH CARE PROXY; OR (VI) AN AGENT, AS
DEFINED IN SECTION 5-1501 OF THE GENERAL OBLIGATIONS LAW, ACTING UNDER A
POWER OF ATTORNEY FOR THE PATIENT.
Witness 1, Date:
(Printed name)
(Address)
(Telephone number)
Witness 2, Date:
(Printed name)
(Address)
(Telephone number)
2. (a) The "Request for Medication to End My Life" shall be written in
the same language as any conversations, consultations, or interpreted
conversations or consultations between a patient and at least one of the
patient's attending or consulting physicians.
(b) Notwithstanding paragraph (a) of this subdivision, the written
"Request for Medication to End My Life" may be prepared in English even
when the conversations or consultations or interpreted conversations or
S. 8835 8
consultations were conducted in a language other than English or with
auxiliary aids or hearing, speech or visual aids, if the English
language form includes an attached declaration by the interpreter of the
conversation or consultation, which shall be in substantially the
following form:
INTERPRETER'S DECLARATION
I, (insert name of interpreter), (mark as applicable):
( ) for a patient whose conversations or consultations or interpreted
conversations or consultations were conducted in a language other than
English and the "Request for Medication to End My Life" is in English: I
declare that I am fluent in English and (insert target language). I have
the requisite language and interpreter skills to be able to interpret
effectively, accurately and impartially information shared and communi-
cations between the attending or consulting physician and (name of
patient).
I certify that on (insert date), at approximately (insert time), I
interpreted the communications and information conveyed between the
physician and (name of patient) as accurately and completely to the best
of my knowledge and ability and read the "Request for Medication to End
My Life" to (name of patient) in (insert target language).
(Name of patient) affirmed to me such patient's desire to sign the
"Request for Medication to End My Life" voluntarily, of (name of
patient)'s own volition and without coercion.
( ) for a patient with a speech, hearing or vision disability: I
declare that I have the requisite language, reading and/or interpreter
skills to communicate with the patient and to be able to read and/or
interpret effectively, accurately and impartially information shared and
communications that occurred on (insert date) between the attending or
consulting physician and (name of patient).
I certify that on (insert date), at approximately (insert time), I
read and/or interpreted the communications and information conveyed
between the physician and (name of patient) impartially and as accurate-
ly and completely to the best of my knowledge and ability and, where
needed for effective communication, read or interpreted the "Request for
Medication to End my Life" to (name of patient).
(Name of patient) affirmed to me such patient's desire to sign the
"Request for Medication to End My Life" voluntarily, of (name of
patient)'s own volition and without coercion.
I further declare under penalty of perjury that (i) the foregoing is
true and correct; (ii) I am not (A) related to (name of patient) by
blood, marriage or adoption[,]; (B) entitled at the time (name of
patient) signed the "Request for Medication to End My Life" to any
portion of the estate of (name of patient) upon such patient's death
under any will or by operation of law, or OTHERWISE IN A POSITION TO
BENEFIT FINANCIALLY FROM THE PATIENT'S DEATH; (C) an owner, operator,
employee or independent contractor of a health care facility where (name
of patient) is receiving treatment or is a resident, except that if I am
an employee or independent contractor at such health care facility,
providing interpreter services is part of my job description at such
health care facility or I have been trained to provide interpreter
services and (name of patient) requested that I provide interpreter
services to such patient for the purposes stated in this Declaration;
(D) A DOMESTIC PARTNER OF THE PATIENT, AS DEFINED IN SUBDIVISION SEVEN
OF SECTION TWENTY-NINE HUNDRED NINETY-FOUR-A OF THE PUBLIC HEALTH LAW;
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(E) AN AGENT, AS DEFINED IN SUBDIVISION FIVE OF SECTION TWENTY-NINE
HUNDRED EIGHTY OF THE PUBLIC HEALTH LAW, UNDER THE PATIENT'S HEALTH CARE
PROXY; OR (F) AN AGENT, AS DEFINED IN SECTION 5-1501 OF THE GENERAL
OBLIGATIONS LAW, ACTING UNDER A POWER OF ATTORNEY FOR THE PATIENT; and
(iii) false statements made herein are punishable.
Executed at (insert city, county and state) on this (insert day of
month) of (insert month), (insert year).
(Signature of Interpreter)
(Printed name of Interpreter)
(ID # or Agency Name)
(Address of Interpreter)
(Language Spoken by Interpreter)
(c) An interpreter whose services are provided under paragraph (b) of
this subdivision shall not (i) be related to the patient who signs the
"Request for Medication to End My Life" by blood, marriage or
adoption[,]; (ii) be entitled at the time the "Request for Medication to
End My Life" is signed by the patient to any portion of the estate of
the patient upon death under any will or by operation of law, or OTHER-
WISE IN A POSITION TO BENEFIT FINANCIALLY FROM THE PATIENT'S DEATH;
(iii) be an owner, operator, employee or independent contractor of a
health care facility where the patient is receiving treatment or is a
resident; provided that an employee or independent contractor whose job
description at the health care facility includes interpreter services or
who is trained to provide interpreter services and who has been
requested by the patient to serve as an interpreter under this article
shall not be prohibited from serving as an interpreter under this arti-
cle; (IV) BE A DOMESTIC PARTNER OF THE PATIENT, AS DEFINED IN SUBDIVI-
SION SEVEN OF SECTION TWENTY-NINE HUNDRED NINETY-FOUR-A OF THIS CHAPTER;
(V) BE AN AGENT, AS DEFINED IN SUBDIVISION FIVE OF SECTION TWENTY-NINE
HUNDRED EIGHTY OF THIS CHAPTER, UNDER THE PATIENT'S HEALTH CARE PROXY;
OR (VI) BE AN AGENT, AS DEFINED IN SECTION 5-1501 OF THE GENERAL OBLI-
GATIONS LAW, ACTING UNDER A POWER OF ATTORNEY FOR THE PATIENT.
§ 8. Subdivision 2 of section 2899-m of the public health law, as
added by a chapter of the laws of 2025 amending the public health law
relating to a terminally ill patient's request for and use of medication
for medical aid in dying, as proposed in legislative bills numbers S.
138 and A. 136, is amended and a new subdivision 3 is added to read as
follows:
2. (a) A private health care facility may prohibit the prescribing,
dispensing, ordering or self-administering of medication under this
article while the patient is being treated in THE HEALTH CARE FACILITY
OR IN AN AFFILIATED FACILITY THAT IS MAJORITY-OWNED, OPERATED, OR
CONTROLLED BY THE SAME CORPORATE ENTITY AS THE HEALTH CARE FACILITY, or
while the patient is residing in the health care facility if:
(i) the prescribing, dispensing, ordering or self-administering is
contrary to a formally adopted policy of the HEALTH CARE facility that
is expressly based on sincerely held religious beliefs or moral
convictions central to the HEALTH CARE facility's operating principles;
and
S. 8835 10
(ii) the HEALTH CARE facility has informed the patient of such policy
prior to admission or as soon as reasonably possible.
(b) Where a HEALTH CARE facility has adopted a prohibition under this
subdivision, if a patient who wishes to use medication under this arti-
cle requests, the patient shall be transferred promptly to another
health care facility that is reasonably accessible under the circum-
stances and willing to permit the prescribing, dispensing, ordering and
self-administering of medication under this article with respect to the
patient.
(B-1) A HEALTH CARE FACILITY OR AN AFFILIATED FACILITY THAT IS MAJORI-
TY-OWNED, OPERATED, OR CONTROLLED BY THE SAME CORPORATE ENTITY AS THE
HEALTH CARE FACILITY THAT HAS ADOPTED A PROHIBITION UNDER THIS SUBDIVI-
SION MAY RESTRICT ANY EMPLOYEE FROM PARTICIPATING IN THE PROVISION OF
MEDICATION UNDER THIS ARTICLE.
(c) Where a health care facility has adopted a prohibition under this
subdivision, any health care provider or employee or independent
contractor of the HEALTH CARE facility OR ANY FACILITY THAT IS MAJORI-
TY-OWNED, OPERATED, OR CONTROLLED BY THE SAME CORPORATE ENTITY AS THE
HEALTH CARE FACILITY who violates the prohibition may be subject to
sanctions otherwise available to the HEALTH CARE facility, provided the
HEALTH CARE facility has previously notified the health care provider,
employee or independent contractor of the prohibition in writing.
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT A PATIENT AT
HOME FROM ACCESSING CARE UNDER THIS ARTICLE.
§ 9. Subdivision 4 of section 2899-n of the public health law, as
added by a chapter of the laws of 2025 amending the public health law
relating to a terminally ill patient's request for and use of medication
for medical aid in dying, as proposed in legislative bills numbers S.
138 and A. 136, is amended to read as follows:
4. An insurer or third-party health care payer shall not provide any
information in communications made to a patient about the availability
of medication under this article absent a request by the patient or by
such patient's attending physician upon the request of such patient.
[Any communication shall not include both the denial of coverage for
treatment and information as to the availability of medication under
this article.] ANY COMMUNICATION FROM AN INSURER OR THIRD-PARTY HEALTH
CARE PAYER INDICATING A DENIAL OF COVERAGE FOR TREATMENT SHALL NOT ALSO
INCLUDE ANY INFORMATION AS TO THE AVAILABILITY OF MEDICATION PRESCRIBED
UNDER THIS ARTICLE. This subdivision does not bar the inclusion of
information as to the coverage of medication and professional services
under this article in information generally stating what is covered by a
third-party health care payer or provided in response to a request by
the patient or by such patient's attending physician upon the request of
the patient.
§ 10. Section 6530 of the education law is amended by adding a new
subdivision 51 to read as follows:
51. A VIOLATION OF ARTICLE TWENTY-EIGHT-F OF THE PUBLIC HEALTH LAW
AND/OR REGULATIONS PROMULGATED THEREUNDER.
§ 11. Section 3 of a chapter of the laws of 2025 amending the public
health law relating to a terminally ill patient's request for and use of
medication for medical aid in dying, as proposed in legislative bills
numbers S. 138 and A. 136, is amended to read as follows:
§ 3. This act shall take effect [immediately] ON THE ONE HUNDRED
EIGHTIETH DAY AFTER IT SHALL HAVE BECOME A LAW. EFFECTIVE IMMEDIATELY,
THE ADDITION, AMENDMENT AND/OR REPEAL OF ANY RULE OR REGULATION NECES-
SARY FOR THE IMPLEMENTATION OF THIS ACT ON ITS EFFECTIVE DATE ARE
S. 8835 11
AUTHORIZED TO BE MADE AND COMPLETED ON OR BEFORE SUCH EFFECTIVE DATE.
NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRA-
TIVE PROCEDURE ACT, SUCH RULES OR REGULATIONS MAY BE ADOPTED ON AN EMER-
GENCY BASIS.
§ 12. This act shall take effect immediately; provided, however, that
the provisions of sections one, two, three, four, five, six, seven,
eight, nine and ten of this act shall take effect on the same date and
in the same manner as a chapter of the laws of 2025 amending the public
health law relating to a terminally ill patient's request for and use of
medication for medical aid in dying, as proposed in legislative bills
numbers S. 138 and A. 136, takes effect.
