Estate Planning State Laws: Death with Dignity
This chart includes information about state laws related to death with dignity laws. Check back often, as this chart is updated frequently.
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State | Death with Dignity Law | Link to Death with Dignity Law | Requirements | Request Procedure | Written Request Form | Written Request Form Link | Legislative Activity | Link to Legislative Activity |
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ALABAMA | ||||||||
ALASKA | ||||||||
ARIZONA | ||||||||
ARKANSAS | ||||||||
CALIFORNIA | End of Life Option Act (June 9, 2016) | https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520162AB15 (legislation) | • Be at least 18 years old and a resident of California • Have a terminal disease that is expected to result in death within 6 months (as determined by 2 physicians) • Have the capacity to make medical decisions • Documents request according to procedure • Has the physical and mental capacity to self-administer aid-in-dying medications | • A patient must make 3 requests for the aid-in-dying medication directly to the attending physician • The requests should be 2 oral (at least 48 hours apart) and 1 written (on a special form with 2 witnesses). | x | https://www.mbc.ca.gov/Download/Forms/aid-in-dying-request.pdf | ||
COLORADO | Colorado End-of-Life Options Act (December 16, 2016) | https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=241371e1-8f22-455d-9772-1582c14eaab4&pdistocdocslideraccess=true&config=014FJAAyNGJkY2Y4Zi1mNjgyLTRkN2YtYmE4OS03NTYzNzYzOTg0OGEKAFBvZENhdGFsb2d592qv2Kywlf8caKqYROP5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A61P5-WW41-DYDC-J38W-00008-00&pdcomponentid=234177&pdtocnodeidentifier=AAZAALABFAAE&ecomp=g2vckkk&prid=e5d0193a-c965-47bf-9701-1bb47d4a4e32 | • Be 18 years or older and a resident of Colorado • Be terminally ill with a prognosis of six months or less to live (confirmed by 2 physicians) • Has mental capacity • Voluntarily expresses wish to receive prescription for medical aid-in-dying medication | • A patient must make 2 oral requests (separated by at least 15 days) and 1 written request to the attending physician. • The written request must be signed and dated by the patient and witnessed by at least two individuals (at least one cannot be a relative) • The witness must attest, to the best of their knowledge, that the patient is mentally capable, acting voluntarily, and not being coerced | x | https://drive.google.com/file/d/18h_O3OfJchcfFSFHnKchAuRMdL2V9OOb/view | ||
CONNECTICUT | ||||||||
DELAWARE | ||||||||
DISTRICT OF COLUMBIA | The D.C. Death with Dignity Act (February 18, 2017) | https://dchealth.dc.gov/sites/default/files/dc/sites/doh/page_content/attachments/Death%20With%20Dignity%20Act.FINAL_.pdf | • Be 18 years or older and a District of Columbia resident. • Be under the care of a physician • Have a terminal disease, which is expected to result in death within 6 months (confirmed by 2 physicians) • Must be acting voluntarily and be capable of making own healthcare decision • Can self-ingest the aid-in-dying medication | • A patient must make 2 oral requests to the attending physician (separated by at least 15 calendar days) and; • Must make a written request before the second oral request and at least 48 hours before any medication is dispensed or prescribed. • A written request must witnessed by at least 2 individuals (only one of them can be a family member) | x | https://dchealth.dc.gov/sites/default/files/dc/sites/doh/publication/attachments/Request%20for%20Medication%20to%20End%20My%20Life%20in%20a%20Humane%20Dignified%20Manner.03.14.18.pdf | ||
FLORIDA | Pending legislation | House Bill 561: End of Life Options was introduced in November 2023 and referred to committee for the 2024 session | https://www.flsenate.gov/Session/Bill/2024/561/?Tab=BillHistory | |||||
GEORGIA | ||||||||
HAWAII | Our Care, Our Choice Act (effective 2019) | https://www.capitol.hawaii.gov/sessions/session2023/bills/HB650_SD1_.HTM | • Be 18 years or older and a Hawaii resident • Have a medically confirmed terminal illness with a prognosis of 6 months or less to live (as determined by 2 physicians) • Can make medical decisions for themselves and make the request voluntarily. • Can self-administer the drug. | • A patient must make 2 oral requests directly to the attending physician (at least 5 days apart) and; • Must make a written request which is signed by the patient and two witnesses (only one of them can be a family member) • Must wait at least 48 hours after making the written request to receive the prescription | x | https://health.hawaii.gov/opppd/files/2018/12/Patient-Written-Request-for-Medication-eff.-1_1_19.pdf | ||
IDAHO | ||||||||
ILLINOIS | ||||||||
INDIANA | ||||||||
IOWA | ||||||||
KANSAS | ||||||||
KENTUCKY | ||||||||
LOUISIANA | ||||||||
MAINE | Maine Death with Dignity Act (March 19, 2019) | https://legislature.maine.gov/legis/bills/bills_129th/chapters/PUBLIC271.asp | • Be 18 years or older and a Maine resident. • Be diagnosed with a terminal disease that will lead to death within 6 months (Confirmed by attending and consulting physicians) • Be able to make an informed decision and voluntarily express the wish to die. • Can self-administer the medication. | • A patient must make 2 oral requests (separated by at least 15 days) and 1 written request to the attending physician. • The written request must be signed and dated by the patient and witnessed by at least two individuals (only one of them can be a relative) at least 48 hours prior to the writing of the prescription for the drug. | x | https://www.maine.gov/dhhs/mecdc/public-health-systems/data-research/vital-records/documents/pdf-files/Request-for-Medication-to-End-My-Life-in-a-Humane-and-Dignified-Manner-Form.pdf | ||
MARYLAND | ||||||||
MASSACHUSETTS | ||||||||
MICHIGAN | Pending legislation | Senate Bill 681 was introduced in November 2023 and was referred to committee | https://www.legislature.mi.gov/(S(3oyzxher042nbkpkb5yv2v5j))/mileg.aspx?page=getObject&objectName=2023-SB-0681 | |||||
MINNESOTA | ||||||||
MISSISSIPPI | ||||||||
MISSOURI | ||||||||
MONTANA | End-of-life option legal through Baxter v. Montana (2009) | https://law.justia.com/cases/montana/supreme-court/2009/50c59956-3100-468d-b397-4ab38f6eda4d.html | • Be 18 years or older • Be terminally ill • Be mentally competent • Able to self-administer the medication. • Must voluntarily express a wish to receive a prescription for aid-in-dying medication | • There is currently no legal framework to follow | The ruling is regularly challenged in the Montana legislature, but no bills have been successful in overriding the state Supreme Court decision. | |||
NEBRASKA | ||||||||
NEVADA | ||||||||
NEW HAMPSHIRE | ||||||||
NEW JERSEY | Medical Aid in Dying for the Terminally Ill Act (MAID) | https://pub.njleg.gov/bills/2018/PL19/59_.HTM | • Be 18 years or older and a New Jersey resident. • Must be mentally capable of making and communicating health care decisions • Must be diagnosed with a terminal disease with a life expectancy of 6 months or less (confirmed by 2 physicians) • Can self-administer the medication. • Must voluntarily express a wish to receive a prescription for aid-in-dying medication | • A patient must make 2 oral requests (separated by at least 15 days) and 1 written request to the attending physician (at least 48 hours prior to writing the prescription for the drug). • The written request must be signed and dated by the patient and witnessed by at least two people (only one of them can be a relative). | x | https://medex.nj.gov/forms/MAID/patient_request_medication.pdf?_gl=1*1ap9xkw*_ga*MTM0MzI2NjE3NC4xNjk4ODc1Mjgz*_ga_5PWJJG6642*MTcwMTQ2Nzk4OS4xLjEuMTcwMTQ2ODMxNy4wLjAuMA.. | ||
NEW MEXICO | Elizabeth Whitefield End-of-Life Options Act | https://nmonesource.com/nmos/nmsa/en/item/4384/index.do#a7C | • Be 18 years or older and a resident of New Mexico • Be terminally ill with a prognosis of six months or less to live (confirmed by 2 physicians) • Must voluntarily make the request and have the capacity to understand and appreciate health care options • Can self-administer the aid-in-dying drug | • A patient must make a written request which is signed by the patient and two witnesses (only one can be a relative) at least 48 hours prior to administering the drug. | x | https://endoflifeoptionsnm.org/wp-content/uploads/2021/07/REQUEST-FOR-MEDICATION-TO-END-MY-LIFE.pdf | ||
NEW YORK | ||||||||
NORTH CAROLINA | ||||||||
NORTH DAKOTA | ||||||||
OHIO | ||||||||
OKLAHOMA | ||||||||
OREGON | Death with Dignity Act (1994) | https://www.oregon.gov/oha/PH/PROVIDERPARTNERRESOURCES/EVALUATIONRESEARCH/DEATHWITHDIGNITYACT/Pages/ors.aspx | • Be 18 years or older • Be terminally ill with a prognosis of six months or less to live (confirmed by 2 physicians) • Must be acting voluntarily and capable of making and communicating health care decisions for him/herself | • A patient must make 2 oral requests (separated by at least 15 days) and 1 written request to the attending physician. • The written request must be signed and dated by the patient and witnessed by at least two people (only one of them can be a relative), and submitted at least 48 hours before the writing of the prescription for the drug. | x | https://www.oregon.gov/oha/PH/PROVIDERPARTNERRESOURCES/EVALUATIONRESEARCH/DEATHWITHDIGNITYACT/Documents/pt-req.pdf | ||
PENNSYLVANIA | Pending legislation | Bills have been introduced in the House and the Senate. HB543 was referred to committee in March 2023 and SB816 was referred to committee in June 2023 | https://www.legis.state.pa.us/cfdocs/billInfo/billInfo.cfm?sYear=2023&sInd=0&body=H&type=B&bn=543\ | |||||
*PUERTO RICO | ||||||||
RHODE ISLAND | ||||||||
SOUTH CAROLINA | ||||||||
SOUTH DAKOTA | ||||||||
TENNESSEE | ||||||||
TEXAS | ||||||||
UTAH | ||||||||
VERMONT | Act 39, Vermont Patient Choice and Control at the End of Life Act (May 2013) | https://legislature.vermont.gov/statutes/fullchapter/18/113 | • Be 18 years or older • Be terminally ill with a prognosis of six months or less to live (confirmed by 2 physicians) • Must be informed, requesting voluntarily and capable • Can self-administer the aid-in-dying drug | • A patient must make 2 oral requests (separated by at least 15 days) and 1 written request to the attending physician. • The written request must be signed and dated by the patient and witnessed by at least two people (both of them cannot be an interested person) | x | https://www.healthvermont.gov/sites/default/files/documents/2016/11/End_of_Life_Choice_patient_medication_request_form.pdf | ||
VIRGINIA | ||||||||
WASHINGTON | The Washington Death with Dignity Act (March 5, 2009) | https://app.leg.wa.gov/rcw/default.aspx?cite=70.245&full=true | • Be 18 years or older and a resident of Washington • Be terminally ill with a prognosis of six months or less to live (confirmed by 2 physicians) • Must be informed, acting voluntarily and competent • Can self-administer the aid-in-dying drug | • A patient must make 2 oral requests and a written requests to the attending physician. • Oral requests should be separated by at least 7 days • The written request must be signed and dated by the patient and witnessed by at least two people (only one can be a relative), and submitted at least 48 hours prior to the writing of the prescription. | x | https://doh.wa.gov/sites/default/files/2023-06/422-063-RequestMedicationEndMyLifeHumaneDignifiedManner2023.pdf | ||
WEST VIRGINIA | ||||||||
WISCONSIN | ||||||||
WYOMING | ||||||||
GUAM | ||||||||
last updated | 12/23 |