* § 2899-e. Request process. 1. Oral and written request. A patient\nwishing to request medication under this article shall make an oral\nrequest and submit a written request to the patient's attending\nphysician. If a patient is not physically capable of making an oral\nrequest, such request can be made using an alternative method of\ncommunication familiar to the patient. Oral requests made under this\nsubdivision must be recorded by an audio or video device and permanently\nstored in the patient's medical record.\n 2. Making a written request. A patient may make a written request for\nand consent to self-administer medication for the purpose of ending such\npatient's life in accordance with this article if the patient:\n (a) has been determined by the attending physician to have a terminal\nillness or condition and which has been medically confirmed by a\nconsulting physician; and\n (b) based on an informed decision, requests voluntarily, of the\npatient's own volition and without coercion, medication to end such\npatient's life.\n 3. Written request signed and witnessed. (a) A written request for\nmedication under this article shall be signed and dated by the patient\nand witnessed by at least two adults who, in the presence of the\npatient, attest that to the best of the persons knowledge and belief the\npatient has decision-making capacity, is acting voluntarily, is making\nthe request for medication of the patient's own volition and is not\nbeing coerced to sign the request. The written request shall be in\nsubstantially the form described in section twenty-eight hundred\nninety-nine-k of this article.\n (b) Both witnesses shall be adults who are not:\n (i) a relative of the patient by blood, marriage or adoption;\n (ii) a person who at the time the request is signed would be entitled\nto any portion of the estate of the patient upon death under any will or\nby operation of law or would otherwise benefit financially from the\ndeath of the patient;\n (iii) an owner, operator, employee or independent contractor of a\nhealth care facility where the patient is receiving treatment or is a\nresident;\n (iv) a domestic partner of the patient, as defined in subdivision\nseven of section twenty-nine hundred ninety-four-a of this chapter;\n (v) an agent under the patient's health care proxy as defined in\nsubdivision five of section twenty-nine hundred eighty of this chapter;\nor\n (vi) an agent acting under a power of attorney for the patient as\ndefined in section 5-1501 of the general obligations law.\n (c) The attending physician, consulting physician and the mental\nhealth professional who provides a decision-making capacity\ndetermination of the patient under this article shall not be a witness.\n 4. No person shall qualify for medical aid in dying under this article\nsolely because of age or disability.\n 5. Requests for a medical aid-in-dying prescription must be made by\nthe qualified individual and may not be made by any other individual,\nincluding the qualified individual's health care agent, or other agent\nor surrogate, or via advance healthcare directive.\n * NB Effective August 5, 2026\n
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