BILL NUMBER: S8668

SPONSOR: RIVERA
 
TITLE OF BILL:

An act in relation to requiring the commissioner of health to conduct a
study relating to medical aid in dying

 
PURPOSE:

Relates to studying the issues, implications, practices, licensure
requirements and other topics relating to medical aid in dying.

 
SUMMARY OF PROVISIONS:

Section 1: The unconsolidated law would be amended by adding a new
section that directs the Commissioner of Health to conduct a study
relating to the issues, implications, practices, licensure requirements
and other topics related to medical aid in dying. The report will
include recommendations and findings. Copies will be delivered to the
Governor, the Temporary President of the Senate, the Speaker of the
              

Assembly and the Chairs of the Senate and Assembly Health Committees.
The study would be presented to the Legislature by no later than Decem-
ber 31, 2019.

Section 2: Establishes an immediate effective date.

 
EXISTING LAW:

None.

 
JUSTIFICATION:

With Medical Aid in Dying being discussed nationally and in different
states, major questions including whether to allow this practice as well
as how to implement such a policy in New York raises several of its own
inquiries. As a result, it is important that New York conduct a State
specific and thorough review of as many of the underlining issues as
possible. From this study, the Legislature and the public will have the
necessary information to assess whether this program is in the best
interest of our communities and families.

This bill authorizes the New York State Department of Health (DOH) to
investigate Medical Aid in Dying and release the results in the form of
a report on or before December 31, 2019. DOH is being provided broad
authority so that the agency will not be limited during its review of
this topic. DOH's work will involve obtaining information on programs
that administer Medical Aid in Dying in the eight jurisdictions that
currently allow the practice.

DOH will also review the varying eligibility criteria existing in states
that have legalized Medical Aid in Dying. Physician involvement and the
types of medications used should also be considered. Other areas open
for review include the safeguarding measures implemented and if any
states have experienced issues protecting the patient. There should also
be an examination of the types of safeguarding processes being used in
other states as they relate to access to the types of prescriptions used
as well as details regarding the processes while administrating life
ending prescriptions.
Specifically, it is critical for the study to consider what consultation
patients receive from their physician and other health professionals. It
is essential to ensure vulnerable populations are adequately protected
and given appropriate support and counseling, to ensure all patients
have autonomy and control over their decision.  Implementation of the
law could have impacts on not only medical services but also at-risk
populations including seniors and people with disabilities. The role of
the witness or witnesses should also be examined.

It is important that the effects Medical Aid in Dying will have on
healthcare generally and the cost of care in New York also be explored.
Moreover, impacts on insurance policies including life and health must
be considered. The role of existing legal documents including healthcare
proxies, living wills, death certificates and others and how they
related to Medical Aid in Dying should be included in the review.
Further, any impacts to hospice and long term care must be established.

By enacting this measure, the Legislature will have the necessary tools
and objective data to make a formal decision on the topic.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.