Medical aid in dying is authorized in 14 states and the District of Columbia, though two of these states are still in the implementation phase and will not be fully operational until later this year. At which point, 31% of Americans will have legal access to Medical Aid in Dying.
California
• Two oral requests ≥48 hours apart; one written request. No waiver for urgent aid in dying.
• Attending and consulting must be physicians
• Must be a state resident, typically proven by a state ID/driver’s license, voter registration, lease/deed, or recent state tax return; Must be present in the state for eligibility evaluations and aid-in-dying day.
• Attending and consulting physicians assess decision-making capacity; if uncertain, they must refer to a licensed mental health professional (psychiatrist or psychologist) for a formal capacity evaluation
California State Statute and information
Colorado
• Two oral requests with ≥7 days between them; one written request; attending may waive the 7‑day period if the patient is unlikely to survive it.
• Attending and consulting may be physicians or qualified APRNs with prescriptive authority; PAs are not currently listed as attending/consulting prescribers.
• Must be a state resident, typically proven by a state ID/driver’s license, voter registration, lease/deed, or recent state tax return; Must be present in the state for eligibility evaluations and aid-in-dying day.
• Attending and consulting physicians assess decision-making capacity; if uncertain, they must refer to a licensed mental health professional (psychiatrist or psychologist) for a formal capacity evaluation
Colorado State Statute and information
Delaware
• Two oral requests ≥15 days apart; one written request; Prescription no sooner than ≥48 hours after the written request. No waiver for urgent aid in dying.
• Physicians and qualified APRNs may serve as attending or consulting.
• Must be a state resident, typically proven by a state ID/driver’s license, voter registration, lease/deed, or recent state tax return; Must be present in state for eligibility evaluations and aid-in-dying day.
• Attending and consulting physicians assess decision-making capacity; if uncertain, they must refer to a licensed mental health professional (psychiatrist or psychologist) for a formal capacity evaluation.
Delaware State Statute
District of Columbia
• Two oral requests ≥15 days apart; written request; ≥48 hours between written request and prescription. No waiver for urgent aid in dying.
• Attending and consulting must be physicians.
• Must be a DC resident, typically proven by a state ID/driver’s license, voter registration, lease/deed, or recent state tax return; Must be present in DC for eligibility evaluations and aid-in-dying day.
• Attending and consulting physicians assess decision-making capacity; if uncertain, they must refer to a licensed mental health professional (psychiatrist or psychologist) for a formal capacity evaluation.
District of Columbia Statute and information
Hawaii
• Two oral requests ≥5 days apart; one written request; ≥48 hours between written request and prescription. Waiver for urgent aid in dying.
• Physicians and qualified APRNs may serve as attending or consulting.
• Must be a state resident, typically proven by a state ID/driver’s license, voter registration, lease/deed, or recent state tax return; Must be present in DC for eligibility evaluations and aid-in-dying day.
• Mandatory capacity evaluation by a mental health professional (psychiatrist or psychologist) for all patients.
Hawaii State Statute information
Illinois – Implements on Sept 12th, 2026
• Two oral requests ≥5 days apart; one written request. Waiver for urgent aid in dying
• Attending and consulting must be physicians.
• Must be a state resident, typically proven by a state ID/driver’s license, voter registration, lease/deed, or recent state tax return; Must be present in the state for eligibility evaluations and aid-in-dying day.
• Attending and consulting physicians assess decision-making capacity; if uncertain, they must refer to a licensed mental health professional (psychiatrist or psychologist) for a formal capacity evaluation.
Illinois State Statute
Maine
• Two oral requests ≥15 days apart; one written request; ≥48 hours between written request and prescription. No waiver for urgent aid in dying.
• Attending and consulting must be physicians.
• Must be a state resident, typically proven by a state ID/driver’s license, voter registration, lease/deed, or recent state tax return; Must be present in the state for eligibility evaluations and aid-in-dying day.
• Attending and consulting physicians assess decision-making capacity; if uncertain, they must refer to a licensed mental health professional (psychiatrist or psychologist) for a formal capacity evaluation
Maine State Statute
Montana
• No statutory requirements, but the standard of care is to follow the original Oregon law: Two verbal requests, 15 days apart; one written request. No waiver for urgent aid in dying.
• No statutory requirements, but the standard of care is to follow the original Oregon law: Attending and consulting must be physicians.
• No statutory requirements, but the standard of care is to follow the original Oregon law: Must be a state resident, typically proven by a state ID/driver’s license, voter registration, lease/deed, or recent state tax return; Must be present in the state for eligibility evaluations and aid-in-dying day.
• No statutory requirements, but the standard of care is to follow the original Oregon law: Attending and consulting physicians assess decision-making capacity; if uncertain, they must refer to a licensed mental health professional (psychiatrist or psychologist) for a formal capacity evaluation.
Montana Supreme Court Decision
New Jersey
• Two oral requests ≥15 days apart; one written request; ≥48 hours between written request and prescription. No waiver for urgent aid in dying.
• Attending and consulting must be physicians.
• Must be a state resident, typically proven by a state ID/driver’s license, voter registration, lease/deed, or recent state tax return; Must be present in the state for eligibility evaluations and aid-in-dying day.
• Attending and consulting physicians assess decision-making capacity; if uncertain, they must refer to a licensed mental health professional (psychiatrist or psychologist) for a formal capacity evaluation.
New Jersey State Statute and information
New Mexico
• One oral and one written request; 48 hours between the written request and the prescription. Waiver for urgent aid in dying.
• Physicians and qualified APRNs may serve as attending or consulting.
• Must be a state resident, typically proven by a state ID/driver’s license, voter registration, lease/deed, or recent state tax return; Must be present in the state for eligibility evaluations and aid-in-dying day.
• Attending and consulting physicians assess decision-making capacity; if uncertain, they must refer to a licensed mental health professional (psychiatrist or psychologist) for a formal capacity evaluation.
New Mexico State Statute and information
New York – Implements August 2026
• One oral request and one written request. Once the attending prescriber writes the MAID prescription, there is a mandatory 5-day waiting period before the pharmacy can fill it; this interval cannot be waived.
• Attending and consulting must be physicians.
• Must be a state resident, typically proven by a state ID/driver’s license, voter registration, lease/deed, or recent state tax return; Must be present in the state for eligibility evaluations and aid-in-dying day
• Mandatory capacity evaluation by a licensed mental health professional (psychiatrist, psychologist, or neurologist).
New York State Statute
Oregon
• Two oral requests ≥15 days apart; one written request; ≥48 hours between written request and prescription. Waiver for urgent aid in dying.
• Attending and consulting must be physicians.
• Accepts out-of-state residents. Must be present in the state for eligibility evaluations and the aid-in-dying day.
• Attending and consulting physicians assess decision-making capacity; if uncertain, they must refer to a licensed mental health professional (psychiatrist or psychologist) for a formal capacity evaluation.
Oregon State Statute and information
Vermont
• Two oral requests, 15 days apart. One written request. No waiver for urgent aid in dying.
• Attending and consulting must be physicians.
• Accepts out-of-state residents. Must be present in the state for eligibility evaluations and the aid-in-dying day.
• Attending and consulting physicians assess decision-making capacity; if uncertain, they must refer to a licensed mental health professional (psychiatrist or psychologist) for a formal capacity evaluation.
Vermont State Statute and information
Washington
• Two oral requests ≥7 days apart; one written request; ≥48 hours between written request and prescription. No waiver for urgent aid in dying.
• Physicians and qualified APRNs may serve as attending or consulting.
• Must be a state resident, typically proven by a state ID/driver’s license, voter registration, lease/deed, or recent state tax return; Must be present in the state for eligibility evaluations and aid-in-dying day
• Attending and consulting physicians assess decision-making capacity; if uncertain, they must refer to a licensed mental health professional (psychiatrist or psychologist) for a formal capacity evaluation.
Washington State Statute and information