Legislation

* § 2899-f. Attending physician responsibilities. 1. 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, provided, however, that the attending physician may waive the
in-person examination requirement and conduct the examination 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
requirements 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
decision 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 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
discussing with the patient: (i) the patient's medical diagnosis and
prognosis; (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 appropriate 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
medication 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 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-making
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
medication 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
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-administer the medication to themselves. A health care professional
or other person shall not administer the medication to the patient.

* NB Effective August 5, 2026