Legislation
SECTION 2899-D
Definitions
Public Health (PBH) CHAPTER 45, ARTICLE 28-F
* § 2899-d. Definitions. As used in this article:
1. "Adult" means an individual who is eighteen years of age or older.
2. "Attending physician" means the physician who has primary
responsibility for the care of the patient and treatment of the
patient's terminal illness or condition.
3. "Decision-making capacity" means the ability to understand and
appreciate the nature and consequences of health care decisions,
including the benefits and risks of and alternatives to any proposed
health care, including medical aid in dying, and to reach an informed
decision.
4. "Consulting physician" means a physician who is qualified by
specialty or experience to make a professional diagnosis and prognosis
regarding a patient's terminal illness or condition.
5. "Health care facility" means a general hospital, nursing home, or
residential health care facility as defined in section twenty-eight
hundred one of this chapter, or a hospice as defined in section four
thousand two of this chapter.
6. "Health care provider" means an individual licensed, certified, or
authorized by law to administer health care or dispense medication in
the ordinary course of business or practice of a profession.
7. "Informed decision" means a decision by a patient who is suffering
from a terminal illness or condition to request and obtain a
prescription for medication that the patient may self-administer to end
the patient's life that is based on an understanding and acknowledgment
of the relevant facts and that is made voluntarily, of the patient's own
volition and without coercion, after being fully informed of:
(a) the patient's medical diagnosis and prognosis;
(b) the potential risks associated with taking the medication to be
prescribed;
(c) the probable result of taking the medication to be prescribed;
(d) the possibility that the patient may choose not to obtain the
medication, or may obtain the medication but may decide not to
self-administer it; and
(e) the feasible alternatives and appropriate treatment options,
including but not limited to palliative care and hospice care.
8. "Medical aid in dying" means the medical practice of a physician
prescribing medication to a qualified individual that the individual may
choose to self-administer to bring about death.
9. "Medically confirmed" means the medical opinion of the attending
physician that a patient has a terminal illness or condition and has
made an informed decision which has been confirmed by a consulting
physician who has examined the patient and the patient's relevant
medical records.
10. "Medication" means medication prescribed by a physician under this
article.
11. "Mental health professional" means 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.
12. "Palliative care" means health care treatment, including
interdisciplinary end-of-life care, and consultation with patients and
family members, to prevent or relieve pain and suffering and to enhance
the patient's quality of life, including hospice care under article
forty of this chapter.
13. "Patient" means a resident of New York state who is eighteen years
of age or older under the care of a physician.
14. "Physician" means an individual licensed to practice medicine in
New York state.
15. "Qualified individual" means a patient with a terminal illness or
condition, who has decision-making capacity, has made an informed
decision, and has satisfied the requirements of this article in order to
obtain a prescription for medication.
16. "Self-administer" means a qualified individual's affirmative,
conscious, and voluntary act to ingest medication under this article.
Self-administration does not include lethal injection or lethal
infusion.
17. "Terminal illness or condition" means an incurable and
irreversible 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 or
third-party administrator.
* NB Effective August 5, 2026
1. "Adult" means an individual who is eighteen years of age or older.
2. "Attending physician" means the physician who has primary
responsibility for the care of the patient and treatment of the
patient's terminal illness or condition.
3. "Decision-making capacity" means the ability to understand and
appreciate the nature and consequences of health care decisions,
including the benefits and risks of and alternatives to any proposed
health care, including medical aid in dying, and to reach an informed
decision.
4. "Consulting physician" means a physician who is qualified by
specialty or experience to make a professional diagnosis and prognosis
regarding a patient's terminal illness or condition.
5. "Health care facility" means a general hospital, nursing home, or
residential health care facility as defined in section twenty-eight
hundred one of this chapter, or a hospice as defined in section four
thousand two of this chapter.
6. "Health care provider" means an individual licensed, certified, or
authorized by law to administer health care or dispense medication in
the ordinary course of business or practice of a profession.
7. "Informed decision" means a decision by a patient who is suffering
from a terminal illness or condition to request and obtain a
prescription for medication that the patient may self-administer to end
the patient's life that is based on an understanding and acknowledgment
of the relevant facts and that is made voluntarily, of the patient's own
volition and without coercion, after being fully informed of:
(a) the patient's medical diagnosis and prognosis;
(b) the potential risks associated with taking the medication to be
prescribed;
(c) the probable result of taking the medication to be prescribed;
(d) the possibility that the patient may choose not to obtain the
medication, or may obtain the medication but may decide not to
self-administer it; and
(e) the feasible alternatives and appropriate treatment options,
including but not limited to palliative care and hospice care.
8. "Medical aid in dying" means the medical practice of a physician
prescribing medication to a qualified individual that the individual may
choose to self-administer to bring about death.
9. "Medically confirmed" means the medical opinion of the attending
physician that a patient has a terminal illness or condition and has
made an informed decision which has been confirmed by a consulting
physician who has examined the patient and the patient's relevant
medical records.
10. "Medication" means medication prescribed by a physician under this
article.
11. "Mental health professional" means 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.
12. "Palliative care" means health care treatment, including
interdisciplinary end-of-life care, and consultation with patients and
family members, to prevent or relieve pain and suffering and to enhance
the patient's quality of life, including hospice care under article
forty of this chapter.
13. "Patient" means a resident of New York state who is eighteen years
of age or older under the care of a physician.
14. "Physician" means an individual licensed to practice medicine in
New York state.
15. "Qualified individual" means a patient with a terminal illness or
condition, who has decision-making capacity, has made an informed
decision, and has satisfied the requirements of this article in order to
obtain a prescription for medication.
16. "Self-administer" means a qualified individual's affirmative,
conscious, and voluntary act to ingest medication under this article.
Self-administration does not include lethal injection or lethal
infusion.
17. "Terminal illness or condition" means an incurable and
irreversible 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 or
third-party administrator.
* NB Effective August 5, 2026