Currently, 10 states in the US, in addition to the District of Columbia, permit MAID (Medical Aid In Dying). What this means is that in select parts of our country, individuals who meet very specific criteria (detailed below) can be prescribed life-ending medication by a physician (or other state-approved medical personnel) which they can self-administer to bring about the end of their lives. The states that currently permit this procedure are: California, Colorado, The District of Columbia, Hawaii, Maine, Montana, New Jersey, New Mexico, Oregon, Vermont, and Washington. Several other states, including Florida, Minnesota, and Massachusetts are also considering legislation to permit this in their states.

While controversial in many aspects, this choice to bring about the end of one’s life through the taking of medically prescribed medication actually has considerable public support. According to a 2020 Gallup Poll, 74% of those polled favored the ability of terminally ill patients to end their lives with painless means. Yet in those states which permit MAID, there are many stringent and common requirements that must be met before the patient can access this service. First, patients must be diagnosed with a terminal illness, with a prognosis of 6 months or less to live. Next, it must be verified that the patient voluntarily requests this service and there is no coercion involved (something that is a serious concern among disability rights groups). Third, states require that patients directly communicate their decision to a provider, so that no one can ask on their behalf. Finally, patients must be able to self-administer the medication themselves (which typically happens in the privacy of their own homes). This last requirement is often a challenge for those with a disability or physical limitations due to their disease. 

In response to some of the challenges these rigid requirements pose, some states are beginning to loosen their laws. For example, the State of Washington recently shortened the waiting period typically in place for such requests. Patients in Washington now only need to wait 7 days between their 2 required requests for this service, and both nurse practitioners and physician’s assistants are now legally empowered to sign off on requests for aid in dying, in addition to licensed medical doctors.  One interesting note: apparently most patients who receive a prescription for lethal drugs never actually use the medication to end their lives. While approximately 22% of Americans now have legal access to medical aid in dying, it’s estimated that fewer than 1% of people in the states where it’s available ever actually obtain the medications, and of that number, only ⅔ ultimately decide to die by this method. 

One other recent development, however, may facilitate access to medical aid in dying for a greater number of individuals. This is because states are beginning to roll back requirements that only citizens of their states can get access to life-ending medication. In 2022, Oregon officially declared that it would no longer enforce residency requirements when it comes to accessing life-ending medications. This year, it appears the state legislature in Oregon will officially remove this requirement from its state law. Vermont has also removed the requirement of state residency, following a lawsuit brought by a woman from Connecticut who challenged Vermont’s mandate that only Vermont residents could take advantage of its medical aid in dying law. These developments suggest that in the months and years to come, regardless of where you live, more and more Americans may be able to legally access this service, as long as they have the means and ability to travel to another state. While no one knows how often medical aid in dying happens in states without official laws facilitating the practice, this is likely welcome news to those who are eligible for such services, except for their place of residence. Whether such laws will be loosened further is unclear. There exists an interesting example north of us, as Canada, which allows medical aid in dying nationwide, is poised to open up the procedure to an even broader group of patients beyond the relatively strict limits of US laws. For more information and insights into current US policies and guidelines, click here and here.