About the New Mexico End-of-Life Options Act
Elizabeth Whitefield End-of-Life Options Act Highlights
Strict Qualifications
To utilize medical aid in dying under this Act, a person must meet strict qualifications. They must be:
- An adult.
- Terminally ill.
- Mentally capable of making an informed decision.
- A resident of New Mexico.
Additionally, the individual must be able to self-administer the medication to achieve a peaceful death.
Robust Protections
The process begins when a patient requests their health care provider to prescribe medication that can be self-administered to bring about a peaceful death.
The health care provider must:
- Determine that the patient is terminally ill and mentally capable of making an informed decision.
- Refer the patient to a licensed mental health professional for evaluation if there is any doubt about their mental capability. The process can only proceed if the mental health professional confirms and documents the patient’s capacity to make an informed decision.
On April 8, 2021, Governor Michelle Lujan Grisham signed the Elizabeth Whitefield End-of-Life Options Act into law which makes medical aid in dying available to the terminally ill adults in New Mexico
Informed Decision-Making
Health care providers must ensure the patient’s request is voluntary and explain:
- All anticipated outcomes.
- Associated risks.
- Alternatives, including hospice and palliative care.
Peace of Mind
Data from Oregon shows that about one-third of people who obtain the prescription for medical aid in dying never choose to self-administer it. Some pass away before feeling the need to use it. For others, the knowledge that they can end their suffering if it becomes unbearable provides peace of mind and improves their quality of life.
Ensuring Access
The Act mandates a 48-hour waiting period between the writing and filling of the prescription to ensure timely access for critically ill and suffering patients. However, this waiting period can be waived in certain circumstances. A health care provider is defined as an MD, DO, Advanced Practice Nurse, or Physician Assistant to help ensure access in communities throughout the state.
Protects Doctors, Nurses, Volunteers and Loved Ones
The Act explicitly states that medical aid in dying is not “suicide.” Therefore:
- Health insurance and life insurance will not consider it suicide.
- The cause of death will be recorded as the underlying disease.
- 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.”
- Good faith compliance with the law cannot be construed as unprofessional conduct or considered neglect.
- Participation in medical aid in dying is entirely voluntary for patients, health care providers, and pharmacists.
Compassion for the Suffering
Although the law is expected to be used by fewer than one in 200 people dying, for those suffering unbearably or anticipating unbearable suffering at the end of life, it provides control and immeasurable peace. This is a matter of basic human rights. Health care providers who choose to participate are acting ethically and fulfilling their highest obligation—to relieve suffering.
Additional Information
For more detailed information, you can review the End-of-Life Options Act and its Fiscal Impact Report, which summarizes important information about the Act.
FULL TEXT
Overview: About the Elizabeth Whitefield End-of-Life Options ActMedical aid in dying allows a terminally ill, mentally capable adult with a prognosis of six months or less to live, the option to request, obtain and self-administer medication to die peacefully, if and when they choose. Listed below are some of the highlights, eligibility criteria, and key principles of the Elizabeth Whitefield End-of-Life Options Act (EWEOLOA).