Aid in Dying Laws in the United States

The Elizabeth Whitefield End-of-Life Options Act authorizes Medical Aid in Dying in New Mexico

Across the world, discussions around death and how we die are becoming more commonplace and the options that are available at the end of life are also increasing. One option that is becoming more available in the United States is medical aid in dying.
Medical aid in dying allows a mentally competent adult with a terminal illness and prognosis of six months or less to live, to request a prescription from a qualified healthcare provider for life-ending medication. The patient can choose whether to use the medication to end his or her life.

Time-tested

With almost 25 years of evidence from Oregon alone and another 20 years of combined evidence in the other authorized jurisdictions, this option is now a trusted and time-tested medical practice. The fundamental core safeguards embedded in medical aid-in-dying laws ensure that all terminally ill individuals pursuing the option are protected from coercion and abuse. In all the combined years of experience, not a single case of abuse or coercion nor any criminal or disciplinary charges have been filed. Not one.

Improved care

The laws that authorize this compassionate option have proven not only to protect patients, but to improve care across the end-of-life spectrum. Physicians, nurses, loved ones, and End of Life Options New Mexico (EOLONM) volunteers who may be present at the end are protected against prosecution for “assisting suicide.” 

Medical aid in dying protects patients, affords dying people autonomy and compassion during the most difficult time, improves end-of-life care, and costs states almost nothing to implement, except for the minimal costs associated with collecting data and producing the annual statistical reports.

Years of advocacy

Despite the stellar track record, passing medical aid in dying legislation is a heavy lift. It takes years of community outreach and education, strong, well-informed and determined legislative sponsors, and a determined group of advocates and community supporters to see the legislation through to passage.

Since the first Oregon law was passed by ballot initiative in 1994 and actually went into effect in the fall of 1997, we’ve learned a lot. Both from Oregon and the experiences of the other authorized states, which now constitute more than 40 years of combined experience.

Physicians, nurses, loved ones, and End of Life Options New Mexico (EOLONM) volunteers who may be present at the end are protected against prosecution for “assisting suicide.”

There are now thirteen (13) jurisdictions that have authorized the use of medical aid in dying, including:

  • Oregon – First in the U.S.: Voters approved the Death with Dignity Act in 1994; implementation began October 27, 1997. Wikipedia

  • Washington – Voters passed Initiative 1000 in 2008, with implementation in 2009. Wikipedia

  • Montana – Court ruling (Baxter v. Montana) authorizes MAiD in 2009 (not statute, but legal precedent). Wikipedia

  • Vermont – Legislature enacted the Patient Choice and Control at End of Life Act; effective May 2013. Wikipedia

  • California – End of Life Option Act signed in 2015, took effect June 9, 2016. Wikipedia

  • Colorado – Voters approved the End of Life Options Act in 2016 (effective December 16, 2016). Death With Dignity

  • Washington, D.C. – Death with Dignity Act went into effect in 2017. Death With Dignity

  • Hawaii – Our Care, Our Choice Act enacted in 2018/2019 (effective in 2019). Death With Dignity

  • New Jersey – Aid in Dying for the Terminally Ill Act took effect August 1, 2019. Death With Dignity

  • Maine – Death with Dignity Act became effective September 19, 2019. Death With Dignity

  • New Mexico – Elizabeth Whitefield End of Life Options Act became effective June 18, 2021. Death With Dignity

  • Delaware – End-of-Life Options Act signed May 20, 2025 (effective in 2026). nypost.com

  • Illinois – Medical Aid in Dying law signed Dec. 12, 2025 (effective Sept. 12, 2026).

Medical Aid in Dying and suicide are NOT the same

The American Association of Suicidology (AAS), a national organization dedicated to understanding and preventing suicide, distinguishes Medical Aid in Dying (MAiD) from suicide.

AAS describes suicide and medical aid in dying as conceptually, medically, and legally different phenomena, while recognizing that careful assessment and appropriate safeguards remain important in end-of-life decision-making.

The organization also recommends avoiding the term “physician-assisted suicide,” which it says can conflate two distinct circumstances.

Learn more: American Association of Suicidology article: Physician Aid in Dying and their website’s stated positition and clarification on Medical Assistance in Dying and Death with Dignity.

Passing the New Mexico Legislation

1995
Aid in dying Bill
SB 446, Aid in dying bill

 Sponsor Sen. Liz Stefanics; 

Legislation died in committee

2009
Death With Dignity Act
HB 814, Death With Dignity Act

Sponsored by Rep. Karen E. Giannini; 

Legislation died in committee

2017
NM Mexico End of Life Option Act
SB 252/HB 171, NM Mexico End-of-Life Option Act

Sponsors: Sen. Liz Stefanics, Rep. Debbie Armstrong, Rep. Bill McCamley; 

Legislation died by a vote of 20-22 on the Senate floor

2019
The Elizabeth Whitefield End-of-Life Options Act
SB 153/HB 90, The Elizabeth Whitefield End-of-Life Options Act
Elizabeth Whitefield
Sponsors: Rep. Debbie Armstrong, Sen. Liz Stefanics; Legislation died in committee. Photo of Judge Elizabeth Whitefield, shown above.
2021
The Elizabeth Whitefield End-of-Life Options Act
HB 47/SB 308, The Elizabeth Whitefield End-of-Life Options Act

Sponsors: Rep. Debbie Armstrong, Sen. Liz Stefanics, Rep. Day Hochman-Vigil; Rep. Patrica Roybal Caballero, Sen. Bill O’Neill, Sen. Carrie Hamblen

  • Legislation Passed the House Health and Human Services Committee on Jan. 29, 2021 by a vote of 7-4.
  • Passed the House Judiciary Committee on Feb. 13, 2021 by a vote of 7-3
  • Passed the NM House of Representatives floor on Feb. 19 2021 by a vote of 39- 27
  • Passed the Senate Health & Public Affairs Committee on March 1, 2021 by a vote of 5-3
  • Passed the Senate Judiciary Committee on March 14, 2021 by a vote of 5-3
  • Passed on the NM Senate floor on March 15, 2021 by a vote of 24-17
  • Concurred by the NM House of Representatives on March 16, 2021 by a vote of 46 – 20.
  • Signed by Governor Michelle Lujan Grisham on April 8, 2021.
  • Officially went into effect on June 18, 2021.