State-by-State Guide to Medical Aid in Dying Laws and Requirements

Death with Dignity, also referred to as Medical Aid in Dying is an end-of-life option, governed by state legislation, that allows certain eligible individuals to legally request and obtain medications from their physician to end their life in a peaceful, humane, and dignified manner.

As of October 2024, these are the states in which Medical Aid in Dying is legal. Laws and requirements may change so always consult official state resources for the most up-to-date information.

California

• Law: End of Life Option Act
• Effective since: 2016
• Key requirements:
  • 18+ years old
  • Terminal illness with 6 months or less to live
  • Mental capacity to make medical decisions
  • Two oral requests (15 days apart) and one written request

• More info: California End of Life Option Act

Colorado

• Law: End-of-Life Options Act
• Effective since: 2016
• Key requirements:
  • 18+ years old
  • Terminal illness with 6 months or less to live
  • Mental capacity to make medical decisions
  • Two oral requests (15 days apart) and one written request
• More info: Colorado End-of-Life Options Act

Hawaii

• Law: Our Care, Our Choice Act
• Effective since: 2019
• Key requirements:
  • 18+ years old
  • Terminal illness with 6 months or less to live
  • Mental capacity to make medical decisions
  • Two oral requests (20 days apart) and one written request
• More info: Hawaii Our Care, Our Choice Act

Maine

• Law: Death with Dignity Act
• Effective since: 2019
• Key requirements:
  • 18+ years old
  • Terminal illness with 6 months or less to live
  • Mental capacity to make medical decisions
  • Two oral requests (15 days apart) and one written request
• More info: Maine Death with Dignity Act (note: this is an automatic download as a word doc)
• More info for health care providers: Checklist for Health Care Providers’ Compliance with Maine’s Death with Dignity Law

Montana

• Law: Baxter v. Montana court decision
• Effective since: 2009
• Key requirements:
  • Terminal illness
  • Mental capacity to make medical decisions
  • Physician compliance with standard of care
• More info: Montana Baxter v. Montana Decision

New Jersey

• Law: Aid in Dying for the Terminally Ill Act
• Effective since: 2019
• Key requirements:
  • 18+ years old
  • Terminal illness with 6 months or less to live
  • Mental capacity to make medical decisions
  • Two oral requests (15 days apart) and one written request
• More info: New Jersey Aid in Dying for the Terminally Ill Act

New Mexico

• Law: Elizabeth Whitefield End-of-Life Options Act
• Effective since: 2021
• Key requirements:
  • 18+ years old
  • Terminal illness with 6 months or less to live
  • Mental capacity to make medical decisions
  • One oral request and one written request (48-hour waiting period)
• More info: New Mexico End-of-Life Options Act

Oregon

• Law: Death with Dignity Act
• Effective since: 1997
• Key requirements:
  • 18+ years old
  • Terminal illness with 6 months or less to live
  • Mental capacity to make medical decisions
  • Two oral requests (15 days apart) and one written request
• More info: Oregon Death with Dignity Act

Vermont

• Law: Patient Choice and Control at End of Life Act
• Effective since: 2013
• Key requirements:
  • 18+ years old
  • Terminal illness with 6 months or less to live
  • Mental capacity to make medical decisions
  • Two oral requests (15 days apart) and one written request

• More info: Vermont Patient Choice at End of Life

Washington

• Law: Death with Dignity Act
• Effective since: 2009
• Key requirements:
  • 18+ years old
  • Terminal illness with 6 months or less to live
  • Mental capacity to make medical decisions
  • Two oral requests (15 days apart) and one written request
• More info: Washington Death with Dignity Act

Washington D.C.

• Law: Death with Dignity Act
• Effective since: 2017
• Key requirements:
  • 18+ years old
  • Terminal illness with 6 months or less to live
  • Mental capacity to make medical decisions
  • Two oral requests (15 days apart) and one written request
• More info: D.C. Death with Dignity Act

Note: Laws and requirements may change. Always consult official state resources for the most up-to-date information.

Resources:

• Assessing Desire to Hasten Death in End of Life Care (Free Downloadable Checklist)
• End of Life Decisions Vs. Suicide: What’s the Difference? 
• States with Death With Dignity  with links to each state legal requirements
• Learn more about the Role of Mental Health Professionals in Death With Dignity
• Compassion & Choices
• Death with Dignity 

Register for our Death with Dignity Ethics and End of Life Psychotherapy 6 Hour Ethics CE Course