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Senate bill · S138 (2025-26)

Relates to the medical aid in dying act

Latest action Feb 6, 2026

Summary

Relates to the medical aid in dying act; relates to a terminally ill patient's request for and use of medication for medical aid in dying.

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Where it stands

Signed into law.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

New York State Senate

Same as A136, the matching bill in the Assembly.

Passed as A136, the matching Assembly bill.

Amends the Public Health Law.

Committee

Health · New York State Assembly

Also referred to Health · New York State Senate.

Purpose, from the sponsor's memo

To provide that a mentally competent, terminally ill patient may request medication to be self-administered for the purpose of hastening the patient's death provided the requirements set forth in the act are met, and to provide certain protection and immunities to health care provid- ers and other persons, including a physician who prescribes medication in compliance with the provisions of the article to the terminally ill patient to be self-administered by the patient.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

  • Vote: Floor vote

    NY SenateJun 9, 2025Result: passedSenate vote on A136, the matching Assembly bill.

    (35) (27) (0) (1)
  • Vote: Committee vote · Rules

    Senate RulesJun 9, 2025Result: passed

    (14) (7) (0) (0)

The sponsor's argument

Why the sponsor says this is needed

The highly publicized, planned death of Brittany Maynard has highlighted the need for terminally ill patients to be able to access aid in dying. Ms. Maynard, who was a native of California, was forced to move to Oregon to gain control of her dying process. Her death, and the accompa- nying press attention, led the California legislature to pass, and Governor Jerry Brown to sign, an aid in dying law on October 5, 2015. The national debate that accompanied Ms. Maynard's plight focused the nation on the desire of patients with a terminal illness to determine for themselves - how and when they die. These patients, when mentally competent, should be afforded this right. Patients should not be forced to relocate to another state or to leave the country to control how their lives end. Patients seek to die with dignity, on their own terms, typically in their own homes, surrounded by their family and other loved ones. New Yorkers strongly support empowering terminally-ill, mentally compe- tent patients to control their own death. A 2015 poll found that 77% of all New Yorkers support aid in dying, including 75% of Catholics, 72% of Republicans, 67% of self-identified Conservatives, and 78% of New York- ers upstate. Nationally, according to HealthDay/Harris poll findings released in December 2014, 74% of American adults believe that terminally ill patients in great. pain should have the right to end their lives (14% were opposed). Gallup, which has been polling this issue since 1947, has found that a majority of Americans have supported aid in dying since 1973. Their most recent poll found 68% of Americans support aid in dying. Similar results were found in a recent survey of Americans by LifeWay Research (69% of those polled agree that physicians should be allowed to assist terminally ill patients in ending their life and 67% agree that it is morally acceptable for a person to ask for a physi- cian's aid in taking his or her own life.) Physicians also support aid in dying. In a recent survey conducted by Medscape, 54% of physicians in the U.S. believe that aid in dying should be permitted, while only 31% opposed it. The Medical Aid in Dying Act will enable mentally competent, terminally ill patients to choose to self-administer medication to bring about a peaceful death. It also provides their physician, when acting in good faith in accordance with the provisions of the Act, protections from civil and criminal liability and professional disciplinary action. At least seven states - Oregon, Vermont, Washington, California, Monta- na, New Jersey and Colorado - allow physician assisted aid in dying. More than 65% of Colorado voters approved the ballot initiative to provide for aid in dying. Not only did the mayor of the District of Columbia signed a medical aid in dying act, but legislators in multiple states throughout the nation have aid in dying bills pending. Aid in dying legislation is supported by the American Public Health Association, the American Medical Women's Association, the American Medical Student Association, the American College of Legal Medicine, and Lamda Legal.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. Feb 6, 2026

    Approval MEMO.89

    APPROVAL MEMO.89

    NY Assembly

  2. Feb 6, 2026

    Signed

    SIGNED CHAP.714

    NY Assembly

  3. Dec 31, 2025

    Sent to the executive

    DELIVERED TO GOVERNOR

    NY Assembly

  4. Jun 9, 2025

    In committee

    COMMITTEE DISCHARGED AND COMMITTED TO RULES

    NY Senate

  5. Jun 9, 2025

    Ordered to Third Reading CAL.1674

    ORDERED TO THIRD READING CAL.1674

    NY Senate

Show full history (10 earlier events)
  1. Jun 9, 2025

    Passed a chamber

    PASSED SENATE

    NY Senate

  2. Jun 9, 2025

    Substituted

    SUBSTITUTED BY A136

    NY Senate

  3. Apr 29, 2025

    Sent to the executive

    DELIVERED TO SENATE

    NY Assembly

  4. Apr 29, 2025

    Passed a chamber

    PASSED ASSEMBLY

    NY Assembly

  5. Apr 29, 2025

    Referred to committee

    REFERRED TO HEALTH

    NY Senate

  6. Apr 29, 2025

    Reported out of committee

    REPORTED

    NY Assembly

  7. Apr 29, 2025

    Rules Report CAL.153

    RULES REPORT CAL.153

    NY Assembly

  8. Apr 28, 2025

    Reported out of committee

    REPORTED REFERRED TO CODES

    NY Assembly

  9. Jan 8, 2025

    Referred to committee

    REFERRED TO HEALTH

    NY Assembly

  10. Jan 8, 2025

    Referred to committee

    REFERRED TO HEALTH

    NY Senate

About this record

Summary

The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.

Cosponsors

The list shows the cosponsors who are on Agora, A to Z. The official record may list more.

Party colors

Parties are shown in the same neutral colors.

Source

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data

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