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Assisted Dying in the United States

A look at the legal status of Medical Aid in Dying (MAID) across the United States.

Where the law stands
Legal (State Level)
Who can ask
Adults (18+)
Condition
Terminal (6 Months)
Residency
Varies by state

What you need to know.

  • MAID in the USA

    The United States uses the term Medical Aid in Dying (MAID) or Death with Dignity to describe the laws that allow the provision of assistance to a terminally ill person for the self-administration of a medication that will cause their death.

  • State Jurisdiction

    Medical Aid in Dying (MAiD) is legal in 13 U.S. states and Washington D.C., including:

    • Oregon
    • Washington
    • Montana (court ruling, no statute)
    • Vermont
    • California
    • Colorado
    • Hawaii
    • New Jersey
    • New York
    • Maine
    • New Mexico
    • Delaware
    • Illinois

    These jurisdictions allow terminally ill, mentally competent adults to request a prescription for medication to end their life, with Oregon pioneering the practice in 1997.

  • Useful Link

Summary

Legal (State Level)

Medical assisted dying is illegal in every state. However, Medical Aid in Dying (voluntary assisted dying) is authorized in 14 jurisdictions (13 states and Washington D.C.) as of September 2026.

States and territories

Oregon was the first state to legalize the practice in 1997. Since then, Washington, Montana (via court ruling), Vermont, California, Colorado, Washington D.C., Hawaii, New Jersey, Maine, New Mexico, Delaware, New York and Illinois have followed.

The most recent laws took effect in Delaware on January 1, 2026, New York on August 5, 2026 and Illinois on September 12, 2026.

Most states require the person to be a resident. Oregon and Vermont removed their residency requirements in 2023; New York’s 2026 law includes one.

Across the United States.

State by state.

  • Oregon

    Legal

    The Oregon Death with Dignity Act was the first of its kind in the USA. The law has been in effect since October 27, 1997. It has served as the model for almost all subsequent legislation in the US.

    Oregon Death with Dignity Act
    Process
    Two oral requests separated by a waiting period (originally 15 days, now exempted if survival is less than 15 days), one written request, and two doctor assessments.
    Eligibility
    Adults with a terminal illness (less than 6 months to live) and mental capacity. Residency has not been required since a 2023 amendment.
    Amendments
    In 2020, the law was updated to allow an exemption to the waiting period for patients near death.

    The pioneer of Death with Dignity in the USA, Oregon’s 1997 law serves as the model for all other jurisdictions. It remains robust, with recent updates removing waiting periods for patients facing imminent death. Like other jurisdictions, Oregon produces regular reporting of Medical Aid in Dying, which can be accessed here.

  • Vermont

    Legal

    Vermont passed Act 39 in 2013, becoming the first state to legalize aid in dying through the legislative process rather than a ballot initiative.

    Patient Choice and Control at End of Life Act (Act 39)
    Recent Changes
    In 2023, Vermont removed the residency requirement, becoming the first state to allow non-residents to access MAiD, provided they can travel to Vermont and find a participating physician.
    Telehealth
    Recent clarifications have facilitated the use of telehealth for some parts of the request process.

    Vermont became the first state to legalize aid in dying through the Legislature in 2013. In a landmark 2023 move, it removed the residency requirement, allowing non-residents to access care if they can travel to the state.

  • Washington

    Legal

    Since March 2009, Washington has had a Death with Dignity Act in effect. It functions very similarly to the Oregon model.

    Washington Death with Dignity Act
    Statistics
    Since 2009, hundreds of patients have utilized the law safely. Official data from Washington State can be found here.
    Access
    In 2021, bills were introduced to further improve access, reflecting a trend across states to reduce unnecessary bureaucratic hurdles.
    Requirements
    Two doctors must confirm the prognosis and capacity. The patient must self-administer the medication.

    Legal since 2009, Washington uses a well-established system similar to Oregon’s. Recent legislative efforts have focused on modernising the law to improve patient access and reduce unnecessary bureaucratic delays.

  • California

    Legal

    In 2016, the End of Life Option Act came into effect. It was significantly updated in 2021 by Senate Bill 380 to improve access.

    End of Life Option Act
    Improvements (SB 380)
    The mandatory waiting period between oral requests was reduced from 15 days to 48 hours.
    Transparency
    Healthcare systems must now post their aid-in-dying policies on their websites.
    Sunset Clause
    The original law was set to expire in 2025; this has been removed.
    Annual Reports
    Like most jurisdictions, California regularly publishes reports on access to MAiD (available here).
  • Colorado

    Legal

    Approved by voters as Proposition 106 in 2016, the Colorado End-of-Life Options Act allows eligible terminally ill adults to request aid in dying medication.

    Colorado End-of-Life Options Act
    Model
    The law is modelled after Oregon’s statute.
    Process
    Requires two physicians to agree on the terminal diagnosis (less than 6 months).
    Access
    While legal, finding providers can sometimes be a challenge in rural areas or within religiously affiliated hospital systems.

    Approved by voters in 2016, this law allows terminally ill adults to request aid in dying. While legal statewide, patients often face challenges finding participating providers in rural areas or within religious hospital networks.

  • Hawaii

    Legal

    The Our Care, Our Choice Act went into effect on January 1, 2019.

    Our Care, Our Choice Act
    Geography
    The unique geography of Hawaii initially made finding two consulting doctors difficult for residents on smaller islands.
    Amendments
    Amendments have been proposed and passed to ease these barriers, including waiving waiting periods for those likely to die before the wait is over.

    The Our Care, Our Choice Act requires patient consultation with three healthcare providers. As of June 1, 2023, Medical Doctors and qualified Advanced Practice Registered Nurses (APRNs) are authorized to serve as Attending or Consulting Providers.

  • New Mexico

    Legal

    The Elizabeth Whitefield End-of-Life Options Act went into effect in June 2021. It is considered one of the most accessible laws in the country.

    Elizabeth Whitefield End-of-Life Options Act
    Innovation
    It was the first state to authorize Advanced Practice Registered Nurses (APRNs) and Physician Assistants (PAs) to participate as providers.
    Speed
    The waiting period is only 48 hours, and can be waived entirely if the patient is likely to die sooner.
    Hospice
    Patients already enrolled in hospice do not need a second consulting opinion on their prognosis.

    The Elizabeth Whitefield End-of-Life Options Act (2021) is widely considered the most accessible law in the nation. It allows advanced practice nurses to prescribe medication and features a short 48-hour waiting period.

  • New Jersey

    Legal

    The Medical Aid in Dying for the Terminally Ill Act was signed in April 2019 and took effect on August 1, 2019.

    Medical Aid in Dying for the Terminally Ill Act
    Requirements
    Similar to other states, requiring a 6-month prognosis and residency in New Jersey.
    Status
    It withstood early legal challenges and is now fully operational.

    Effective since 2019, the Medical Aid in Dying for the Terminally Ill Act provides end of life options to eligible residents. It successfully withstood early legal challenges and is now a settled part of the state’s healthcare landscape.

  • Maine

    Legal

    The Maine Death with Dignity Act was signed into law in June 2019 and took effect in September 2019.

    Maine Death with Dignity Act
    Process
    Requires two oral requests and one written request. The waiting period was originally 15 days.
    Residency
    Limits access to Maine residents.

    Maine’s Death with Dignity Act was enacted in 2019, offering a strictly resident-only option for the terminally ill. The law follows standard safeguards, requiring multiple oral and written requests and two physician assessments. More information on reporting can be found from the Maine Dept of Health and Human Services: click here and search ‘Death with Dignity’.

  • District of Columbia

    Legal

    The D.C. Death with Dignity Act passed in 2016 and went into effect in 2017 after a congressional review period.

    D.C. Death with Dignity Act
    Usage
    Utilization has been lower compared to states, partly due to the limited number of participating physicians in the District.

    Legalized in 2017, the D.C. Death with Dignity Act faces unique hurdles due to the limited number of participating physicians in the District. Strict federal oversight and a small geographic footprint have kept utilization low.

  • Montana

    Legal (Court Ruling)

    Montana does not have a specific “Death with Dignity” statute. Instead, it is legal via a Supreme Court ruling.

    The law
    Baxter v. Montana (2009)
    The Montana Supreme Court ruled that a physician’s assistance in hastening death is not against public policy and that state law protects doctors from prosecution if they prescribe medication to a mentally competent, terminally ill patient.
    Status
    Attempts to ban the practice or codify it have both failed in the legislature, leaving the court ruling as the law of the land.

    Unlike other states, Montana permits aid in dying via a 2009 Supreme Court ruling rather than a specific statute. This means the practice is legal and protected, but it lacks the formalized regulatory framework found elsewhere.

  • Delaware

    Legal

    On May 20, 2025, Governor Matt Meyer signed the Ron Silverio/Heather Block End of Life Options Act (HB 140).

    The law
    Status
    Signed into law in May 2025. It took effect on January 1, 2026.
    Context
    The bill passed after years of advocacy and a previous veto. It aligns Delaware with neighbouring New Jersey in offering end-of-life options.
  • Illinois

    Legal

    On December 12, 2025, Illinois legalised MAID when Governor J.B. Pritzker signed Senate Bill 1950, also known as “Deb’s Law”.

    The law
    Details
    The law authorises qualified terminally ill adults to request life ending medication.
    Status
    Signed into law. It took effect on September 12, 2026.

    Signed in late 2025, “Deb’s Law” makes Illinois one of the newest states to authorise medical aid in dying. It took effect on September 12, 2026.

  • New York

    Legal

    Effective August 5, 2026, Medical Aid in Dying is available to terminally ill New Yorkers with less than six months to live under Public Health Law Article 28-F. The law expands end-of-life options for terminally ill New York residents and affirms their right to make informed decisions to reduce suffering at the end of life.

    The law
    Status
    Following a legislative agreement announced on December 17, 2025, Governor Kathy Hochul signed the Medical Aid in Dying Act on February 6, 2026.
    Details
    The negotiated bill includes additional safeguards, such as a video recording requirement for oral requests, a mandatory mental health evaluation, and a residency requirement.
    Implementation
    The law came into effect on 5 August 2026.

    Following a breakthrough agreement in late 2025, Governor Hochul signed the Medical Aid in Dying Act on February 6, 2026. The law includes strict residency rules and enhanced safeguards, and took effect on August 5, 2026.

    More information can be found on the official New York State website here.

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