New York State Bar Association backs expansion of end-of-life options

April 24, 2024 Robert Abruzzese, Courthouse Editor

The New York State Bar Association (NYSBA) and its president Richard Lewis have endorsed the Medical Society of the State of New York's recent support for medical aid in dying. Photo courtesy of the NYSBA

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The New York State Bar Association has endorsed the Medical Society of the State of New York’s recent support for medical aid in dying. This practice allows terminally ill patients to obtain a prescription for medication that can end their lives peacefully and at their own discretion.

Richard Lewis, president of the NYSBA, praised this move, highlighting the dignity and compassion that medical aid in dying offers to individuals facing the end of their lives.

“Support for medical aid in dying offers both dignity and compassion for those grappling with what can be a very difficult time in their lives,” Lewis said. “That is why the New York State Bar Association’s House of Delegates voted to advocate for the Medical Aid in Dying bill in January.

“No one should suffer needlessly,” Lewis added.

Medical aid in dying, already legal in 11 U.S. jurisdictions, enables mentally capable adults with a prognosis of six months or less to live to request from their doctor a prescription for medication to self-administer for a peaceful death in their sleep.

The proposed New York bill (A995a/S2445), which will be considered in the 2024 legislative session, includes comprehensive safeguards to ensure that the process is voluntary, informed and free from coercion. These include the confirmation of terminal illness by two independent physicians, mandatory mental health evaluations if needed and detailed counseling on all available end-of-life care options.

The endorsement by the NYSBA came after its House of Delegates voted in favor of advocating for the Medical Aid in Dying bill earlier this year.

The task force, led by Mary Beth Morrissey, Esq., PhD, MPH, has engaged in extensive reviews and consultations since June 2023. It has considered the implementation of medical aid in dying in other jurisdictions and the potential impacts on diverse communities, ensuring that recommendations are inclusive and equitable. This includes examining the role of social determinants of health and addressing disparities that might affect access to these services.

The NYSBA’s Task Force has also recommended supporting the pending Medical Aid in Dying bill (A995a/S2445), which is set to be considered in the 2024 legislative session. This bill aims to provide terminally ill adults in New York the choice to end their lives peacefully, through medication, at a time of their choosing, under strict guidelines to ensure the decision is informed and voluntary.

With the bill co-sponsored by 84 lawmakers and modeled after successful legislation in Oregon and other states, New York’s proposed Medical Aid in Dying Act represents a significant step toward providing terminally ill patients with the rights and resources to manage their final moments.