Shared Characteristics of Medical Aid in Dying Legislationa
| Eligibility Criteria |
| Minimum age requirement of 18 years |
| Residency requirementb |
| Able to independently formulate and convey healthcare decisions |
| Must be diagnosed with a terminal illness with an anticipated life expectancy of six months or less |
| Clinician Requirements |
| Licensed in the jurisdictionc |
| Provide a diagnosis for the patient indicating a terminal illness anticipated to result in death within six months or fewer |
| A clinician offering consultation is required to confirm both the terminal diagnosis and prognosis, in addition to ensuring that the patient has the capacity to make the decision |
| As necessary, a recommendation for consultation with a mental health professional must be initiatedd |
| Must provide the patient with counseling regarding available alternatives |
| Additional Safeguards |
| Two oral requests with a time interval in betweene |
| A written request with a witness present |
| The patient can withdraw the request at any given moment |
| Healthcare professionals are not under any obligation to engage or partake |
| The application of the law should not affect the standing of a patient’s health, life, or annuity insurance policies |
Data for this table were retrieved from the individual statutes.8,–,10,26,28,31,33,35,37,39
↵aMontana has legal MAID via court ruling, but there is no legal protocol in place, and therefore, the criteria in this table do not apply to Montana.30
↵bOregon and Vermont do not have a residency requirement. There is ongoing litigation surrounding New Jersey’s residency requirement.26,31,84
↵cIn New Mexico (10), Washington (28), and Hawaii (39), non-physician advanced practice professionals are authorized prescribers. Colorado’s statute, newly amended in 2024, will also permit this practice. once the amended law takes effect (35).
↵dRefer to Table 1.
↵eThis time frame ranges from 48 hours to 20 days.8,–,10,26,28,31,33,35,37,39 New Mexico does not have an oral request requirement.10 Oregon specifies that patients with less than 15 days left to live can skip the 15-day waiting period.26