Provisions for Mental Health Assessments in Medical Aid and Dying Legislation
| Legal MAID | Year Effective | Mental Health Assessment Requirement |
|---|---|---|
| Oregon Death With Dignity Act26 | 1997 | “If in the opinion of the attending physician or consulting physician a patient may be suffering from a psychiatric or psychological disorder or depression causing impaired judgment.”27 |
| Washington Death With Dignity Act28 | 2009 | “If, in the opinion of either the attending qualified medical provider or the consulting qualified medical provider, a patient may be suffering from a psychiatric or psychological disorder or depression causing impaired judgment.”29 |
| Baxter v. Montana30a | 2009 | No legislation |
| Vermont Patient Choice and Control at the End-of-Life Act31 | 2013 | “The physician either verified that the patient did not have impaired judgment or referred the patient for an evaluation by a psychiatrist, psychologist, or clinical social worker licensed in Vermont for confirmation that the patient was capable and did not have impaired judgment.”32 |
| California End of Life Option Act33 | 2016 | “If there are indications of a mental disorder, the physician shall refer the individual for a mental health specialist assessment.”34 |
| Colorado Proposition 106 End of Life Options Act35 | 2017 | “Refer the individual to a licensed mental health professional…if the attending physician believes that the individual may not be mentally capable of making an informed decision.”36 |
| DC Death with Dignity Act37 | 2017 | “If, in the opinion of the attending physician or consulting physician, a patient may be suffering from a psychiatric or psychological disorder or depression causing impaired judgment.”38 |
| Hawai'i Our Care, Our Choice Act39 | 2019 | “The attending provider shall refer the patient for counseling. No medication . . . shall be prescribed until the person performing the counseling determines that the patient is capable, and does not appear to be suffering from undertreatment or nontreatment of depression or other conditions which may interfere with the patient’s ability to make an informed decision.”40 |
| An Act to Enact the Maine Death with Dignity Act9 | 2019 | “If, in the opinion of the attending physician or the consulting physician, a patient may be suffering from a psychiatric or psychological disorder or depression causing impaired judgment.”41 |
| New Jersey Bill A1504 Aid in Dying for the Terminally Ill Act8 | 2019 | “If, in the medical opinion of the attending physician or the consulting physician, a patient…may not be capable, the physician shall refer the patient to a mental health care professional to determine whether the patient is capable.”42 |
| New Mexico Elizabeth Whitefield End of Life Options Act10 | 2021 | “If an individual has a current history of a mental health disorder or an intellectual disability that could cause impaired judgment…or if, in the opinion of the prescribing health care provider or consulting health care provider, an individual currently has a mental health disorder or an intellectual disability that may cause impaired judgment…”43 |
MAID, medical aid in dying. Data for this table were retrieved from the individual statutes.8,–,10,26,27,29–33
↵aIn its 2009 decision Baxter v. Montana, the Montana Supreme Court ruled that assisted suicide did not violate Montana legal precedent or state statutes, but there is no legal protocol in place.30