N.Y.
Public Health Law Section 2899-E
Request process
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 physically 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, requests voluntarily, of the patient’s own volition and without coercion, 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 § 2899-K (Form of written request and witness attestation)section twenty-eight hundred ninety-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;(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 § 2994-A (Definitions)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 § 2980 (Definitions)section twenty-nine hundred eighty of this chapter; or(vi)
an agent acting under a power of attorney for the patient as defined in General Obligations Law § 5-1501 (Application and definitions)section 5-1501 of the general obligations law.(c)
The attending physician, consulting physician and the mental health professional who provides a decision-making capacity determination of the patient under this article shall not be a witness.4.
No person shall qualify for medical aid in dying under this article solely because of age or disability.5.
Requests for a medical aid-in-dying prescription must be made by the qualified individual and may not be made by any other individual, including the qualified individual’s health care agent, or other agent or surrogate, or via advance healthcare directive. * NB Effective August 5, 2026
Source:
Section 2899-E — Request process, https://www.nysenate.gov/legislation/laws/PBH/2899-E (updated Feb. 13, 2026; accessed Feb. 14, 2026).
