Sponsors of the highly controversial “Medical Aid in Dying Act” are making a push to have the measure, which has been in limbo for the past nine years, come to a vote in the New York State legislature. The act, if adopted, would allow mentally competent individuals with a terminal illness or condition to self-administer medication to end their life. Presently, ten states and Washington DC allow for assisted dying. The bill has been modified since it was first introduced to include provisions that supporters say prevent misuse of the proposed rule. The bill requires the oversight of two physicians, the evaluation of the patient by a mental health professional if either physician believes the patient lacks the decision-making capacity to consent, and the existence of a terminal illness or condition that is expected to result in the patient’s death in the next six months. Patients must also be informed of other appropriate treatment options such as palliative care and hospice. Supporters of the bill call it compassionate and say it is necessary for terminally ill patients who will die regardless of the quality of medical care they receive. Proponents say assisted dying is a humane way to end unbearable suffering that often is part of end-of-life for terminally ill patients. Other provisions of the bill provide for protection and immunity for healthcare providers who prescribe life-ending medication to qualified individuals. It also requires that a patient and his or her beneficiaries not be denied benefits under a life insurance policy for actions taken under the proposed assisted dying rule. Finally, the bill is specific concerning how death certificates are issued. The bill says, “The cause of death listed on a qualified individual’s death certificate who dies after self-administering medication under this article will be the underlying terminal illness or condition.” Death certificates would not be issued to read the cause of death as suicide. A Siena College Poll conducted in November 2023 revealed overwhelming support for assisted dying, with 58 percent of New Yorkers supporting the change, and 30 percent opposing it. Despite public support, not everyone likes the idea of making self-assisted suicide legal. Opponents of the proposed measure say that improved palliative care and hospice care services are needed, not assisted dying. They say that if patients have access to good quality palliative care at the end of life, assisted dying is unnecessary. Opponents also charge that assisted dying, which requires the participation of a physician, is fundamentally inconsistent with the physician’s role as a professional and trusted healer. They also generally point to religious and moral concerns relative to the sanctity of life as a primary reason to oppose such a law. There are many strongly held views on both sides of the debate, but regardless of where one stands, it is important to recognize the significant impact such a change could have. Assisted dying is controversial in several arenas including legal, medical, ethical, and religious which all but guarantees the debate surrounding legalizing the practice will be both closely watched and controversial.
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