Medical Aid in Dying States 2026: Where It Is Legal and the Rules

As of 2 November 2026, medical aid in dying is legal in 13 US states and Washington, DC. The states are Oregon, Washington, Montana, Vermont, California, Colorado, Hawaii, New Jersey, Maine, New Mexico, Delaware, New York and Illinois. Three of them started in 2026: Delaware in January, New York in August and Illinois in September.

Medical aid in dying (often shortened to MAID) means a doctor may prescribe medicine to a dying adult. The patient may then choose to take it themselves. Euthanasia, where a doctor gives the medicine, is illegal in every US state.

These laws are narrow. Each one is only for adults with a terminal illness and six months or less to live. They must be able to decide for themselves.

Assisted dying is a regulated medical process for assessed, eligible patients in some places. It is not a response to suicidal feelings. If you are struggling right now, please talk to someone now.

This page lists every state, the date each law began and the main rules. We checked each fact on the state's own health department, statute or court page on 2 November 2026. It is legal information, not legal or medical advice.

Which states allow medical aid in dying in 2026?

There is no national US law. Each state decides for itself. Here is the full list, in the order the laws began.

State	In force since	How it became law	Must the patient live in the state?
Oregon	27 October 1997	Voter initiative	No, since 2023
Washington	5 March 2009	Voter initiative	Yes
Montana	31 December 2009	State Supreme Court ruling	No statute sets a rule
Vermont	2013	Legislature	No, since 2023
California	9 June 2016	Legislature	Yes
Colorado	2016	Voter initiative (Proposition 106)	Yes
Washington, DC	18 February 2017	DC Council	Yes
Hawaii	1 January 2019	Legislature	Yes
New Jersey	1 August 2019	Legislature	Yes
Maine	19 September 2019	Legislature	Yes
New Mexico	18 June 2021	Legislature	Yes
Delaware	1 January 2026	Legislature	Yes
New York	5 August 2026	Legislature	Yes
Illinois	12 September 2026	Legislature	Yes

Sources: each state's health department, statute or court page, listed at the end. Checked 2 November 2026.

A few notes on the dates:

• Washington, DC. DC Health says the law took effect on 18 February 2017 and became "applicable" on 6 June 2017.
• New Mexico. The Elizabeth Whitefield End-of-Life Options Act (House Bill 47) has no special start date. Under the state constitution, it took effect 90 days after the 2021 session: 18 June 2021. The New Mexico Department of Health gives "July 2021" on its own pages.
• Colorado. Voters approved Proposition 106 in the November 2016 election.

Every other state is outside this list. In those states, a doctor who prescribes medicine for this purpose is not protected by any aid-in-dying law.

Who is eligible for medical aid in dying?

Each state writes its own law. But the core rules are almost the same everywhere. Most are modelled on Oregon's 1997 law, with small changes.

To be eligible, a person must:

• Be an adult. That means 18 or older in every state.
• Have a terminal illness. This means an illness that cannot be cured and will likely cause death within six months.
• Have it confirmed by two clinicians. An attending doctor and a consulting doctor must agree on the diagnosis and the six-month prognosis. Some states also allow nurse practitioners or physician assistants.
• Be able to make medical decisions. This is called "capacity." It means you understand the choice, the risks and the other options.
• Ask voluntarily. No one may pressure you. Coercing someone is a crime in several states, including New York and Illinois.
• Be able to take the medicine yourself. No one else may give it.

Every state also says one thing clearly. Age or disability alone never makes a person eligible.

What extra steps are in the law?

The steps are a set of safeguards. Each state uses a mix of them.

• Spoken and written requests. Most states require at least one spoken request and one signed, written request.
• Witnesses. The written request needs two adult witnesses. Most states limit who can be a witness. In New York, neither witness may be a relative or an heir. Health care agents and anyone who gains money from the death cannot be witnesses either.
• A mental health check. In most states, a doctor must refer you to a mental health professional if they have doubts. New York and Hawaii require a mental health evaluation for every patient.
• Information about other care. The doctor must explain hospice, palliative care and pain control first.
• The right to change your mind. You can withdraw your request at any time. Getting the prescription does not mean you must use it.
• Doctors can say no. No doctor or pharmacist has to take part. Many states also let private hospitals opt out.

How long are the waiting periods?

Waiting periods give time to think. They differ a lot from state to state. Here are examples, checked in each state's law or health department page on 2 November 2026.

• New York: a prescription cannot be filled until 5 days after it is written.
• Washington: at least 7 days between the first spoken request and the prescription.
• Colorado: 7 days between the two spoken requests. It was 15 days until a 2024 change.
• California: two spoken requests at least 48 hours apart. It was 15 days until 2022.
• Oregon: two spoken requests at least 15 days apart, then 48 hours after the written request.
• Maine: 15 days between spoken requests, then 48 hours. A doctor may shorten this, but never below 7 days in total.
• Delaware: 15 days between spoken requests, then 48 hours after the written request.

Many states let the doctor shorten a wait. This applies when the patient may not live that long. Oregon has allowed this since 2020. New York and Colorado have similar rules.

Why does this matter? A wait of 15 days can be longer than some patients live. That is why several states shortened their waits in recent years.

What changed in 2026: Delaware, New York and Illinois?

Three states joined the list in one year. Before 2026, the last new state was New Mexico in 2021.

Delaware: in force since 1 January 2026

Delaware's law is called the Ron Silverio/Heather Block End of Life Options Act. The state health department says it has been in force since 1 January 2026. Final rules were published on 1 March 2026.

It is for adult Delaware residents with six months or less to live. Either a doctor or an advanced practice registered nurse (APRN) can act as the attending or consulting provider. The health department plans its first annual report in 2027 (Delaware Health and Social Services).

New York: in force since 5 August 2026

Governor Kathy Hochul signed New York's Medical Aid in Dying Act on 6 February 2026. It took effect on 5 August 2026 (New York State Department of Health).

New York's law has some of the strictest steps in the US:

• The spoken request must be recorded on audio or video.
• Every patient has a mental health evaluation by a psychiatrist or psychologist.
• There is a 5-day wait between writing and filling the prescription.
• Witnesses cannot be relatives, heirs, health care agents or anyone who benefits financially.
• The patient must live in New York. A mailing address is not enough. It must be the place where they actually live (NYS DOH FAQ).

The law also protects families. A life insurance payment cannot be denied because someone used the law.

Illinois: in force since 12 September 2026

Illinois is the first state in the Midwest with this law. It is called the End-of-Life Options for Terminally Ill Patients Act, or "Deb's Law." It is named after Deb Robertson, a retired social worker from Lombard with a rare terminal illness. Governor JB Pritzker signed it on 12 December 2025 (Office of the Governor).

The rules follow the common pattern. The patient must be 18 or older, an Illinois resident and expected to die within six months. Two doctors must agree. The request must come from the patient alone. A health care agent, guardian or advance directive cannot make it. Doctors may not raise the subject first. The patient must bring it up (Capitol News Illinois).

Illinois also says insurers, including Medicaid, cannot cut a patient's benefits because the law exists. The law does not make insurers pay for it.

Is the Illinois law being challenged? Yes. Disability rights advocates, patients and a doctor sued in federal court. On 10 September 2026, a federal judge refused to block the law before it started (Capitol News Illinois). Catholic groups also went to court and won limited protections for Catholic health care providers (AP via MPR News). As of 2 November 2026, the law is in force, and the court cases are still open.

Do you have to live in the state?

In most states, yes. Eleven of the 14 places on the list require it. Montana has no statute that sets a rule. Two states do not require it.

• Oregon removed its residency rule in 2023. The Oregon Health Authority says patients no longer need to live in Oregon (OHA).
• Vermont removed its residency rule in 2023. The governor signed Act 10 on 2 May 2023 (Vermont General Assembly).

Even there, the patient still needs a doctor licensed in that state who agrees to take part. All the other rules still apply.

How do states check residency?

Several laws list the proof a doctor may accept. California, Washington and Maine all name things like:

• a state driver's license or state ID;
• registration to vote in the state;
• proof that you own or rent a home there;
• in California, a state tax return for the latest year.

New York's health department says the law does not define "resident." Patients must sign a statement that they live in New York. The address must be their real home.

What about Montana?

Montana is different. It has no aid-in-dying statute at all.

On 31 December 2009, the Montana Supreme Court ruled in Baxter v. Montana. It found that a dying patient's consent can protect a doctor who prescribes this medicine. The patient must be terminally ill and mentally competent (Montana Supreme Court).

So Montana has no state forms, waiting periods or reporting system like other states. In 2025, a bill to overturn the ruling (SB 136) passed the state Senate. The House rejected it by 58 votes to 42 on 9 April 2025 (Compassion & Choices). The ruling still stands.

Which states could be next?

Many states debated bills in 2026. No other state passed a new law. Here is where things stood by the end of the main sessions (Death with Dignity, June 2026):

• Massachusetts, Pennsylvania, Michigan and Ohio: bills were in committee. Pennsylvania's session runs to 31 December 2026.
• Virginia: a Senate committee voted the bill down 7 to 8. The House bill was held over to 2027.
• Arizona, Georgia, Indiana, Iowa, Kentucky, Minnesota, Missouri, Rhode Island, Tennessee and Wisconsin: bills were filed but did not advance.
• Illinois: a bill to repeal Deb's Law (HB4381) did not advance.

Some states with laws are also changing them. In 2026, New Jersey had a bill to waive its 15-day wait for some patients. Washington had one to allow exceptions to its 7-day wait. Neither had passed as of mid-2026.

Most state legislatures open their 2027 sessions in January. So check your state's health department before you rely on any list, including this one.

What can family members do, and not do?

These laws give the choice to the patient alone. That can be hard for families.

What the law does not allow:

• A family member cannot ask on the patient's behalf.
• A health care agent, a person with power of attorney or a guardian cannot ask either. New York, California and Illinois say so in their laws.
• A living will or advance directive cannot include a request.
• No one else may give the medicine.

So a medical power of attorney covers many health decisions, but never this one.

What the law does allow:

• The patient can choose to tell family, or not. In Oregon and Maine, the doctor must suggest it but cannot require it.
• Family can be present. In New York, the health department suggests having others there.
• Family can ask the care team about hospice, comfort care and support for themselves.

What if someone you love is not terminally ill, but says they want to die? That is a different situation. These laws do not apply. Stay with them and help them reach support. Our help page lists free crisis lines in many countries.

What should you plan now, whatever state you live in?

Even among people who use these laws, most are already in hospice care. In New Mexico, 92% of people who used the law in 2025 were in hospice (New Mexico Department of Health).

So the most useful steps are the same in every state:

1. Write an advance directive. A living will tells doctors which treatments you want, and which you do not. See how to write a living will.
2. Name a health care proxy. This is the person who speaks for you if you cannot. See how to choose a health care proxy.
3. Ask about palliative care early. It eases pain and other symptoms at any stage of a serious illness. Read what palliative care is.
4. Know the signs for hospice. Read 5 signs it's time for hospice care.
5. Talk to the people you love. Tell them what matters most to you while you still can.

Not sure which papers you already have in place? Our free end-of-life readiness check takes a few minutes and shows the gaps.

If you want the bigger picture, see our list of countries where euthanasia is legal. For the terms, read euthanasia vs assisted suicide vs MAID. For one family's story behind California's law, read about Brittany Maynard.

These laws exist for people who are already dying. Maybe you are going through a hard time and feel you cannot go on. That pain deserves care, and it can change with help. You do not have to face it alone. Find someone to talk to now.