Medical Aid in Dying Law - Joint Questions and Answers

No, such costs are precluded from coverage under both Medicaid and Medicare. If you have commercial insurance, check with your individual health plan.

Yes, as long as the pharmacy is registered with the Drug Enforcement Agency. Private individuals cannot mail the medications.

The mandatory waiting period requires the physician to write the notation “do not fill for 5 days” and then the pharmacist must not fill the prescription until after the 5th day from when the prescription has been dated. Five days means one hundred twenty hours. Calculation of the fill date is further defined in New York State General Construction Law, Chapter 22, Article 2, Section 20, NYS General Construction Law, Chapter 22, Article 2, Section 20.

In the rare circumstance where a patient is expected to die within the 5-day window of the mandatory waiting period and yet well enough to self-administer medications for Medical Aid in Dying, the attending physician would need to communicate with the pharmacist and/or hospice provider the need to fill the prescriptions and note the reason(s) in the medical record.

Yes. No “physician, nurse, pharmacist or other health care provider” is required to participate in MAID.

When declining to dispense, the pharmacist should follow the same procedures used for other prescriptions they are unwilling or unable to fill.

No. The responsibility for confirming eligibility and decision-making capacity lies with the attending physician, consulting physician, and mental health professional.

No, pharmacists must continue to comply with existing counseling requirements.

The pharmacist must verify that the prescription includes the designation “MAID” or “Medical Aid in Dying” and a notation that it shall not be filled until five days after the prescription was written. Five days means one hundred twenty hours. The prescription may be filled in the ordinary course of practice after the requirements of the 5-day waiting period have been met.

No, the five-day waiting period is not extended due to other delays

No specific MAID-related certification is required beyond a current pharmacist license and compliance with all generally applicable pharmacy and compounding requirements. (The State Education Department may provide additional training if they see fit.)

Yes, provided that the pharmacy adheres to general compounding standards established by United States Pharmacopeia (USP) 795 and, if applicable USP 800. Pharmacies that do not meet nonsterile compounding standards should not attempt to compound MAID products and should instead transfer MAID prescriptions to another pharmacy that meets the appropriate standards.

If any component is sterile, a pharmacy must follow applicable USP 797 and 800, and as applicable, all requirements, including appropriate facilities, equipment, cleaning, and labeling.

The reporting of a MAID prescription is the responsibility of the attending physician. The pharmacist is not responsible for reporting MAID prescriptions to the New York State Department of Health beyond existing controlled substance reporting requirements.

Yes, the capacity determination by a licensed psychologist or by a physician who is a psychiatrist may be conducted via telehealth.

No, there is no appeal or review process if a patient is found not to have decision-making capacity to make an informed decision.

Yes, if a psychologist or psychiatrist determines that the patient lacks decision-making capacity, the patient may consult with a different psychologist or psychiatrist.