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Medical Aid in Dying Law - Mental Health Professional Guidance

Mental Health Professional Guidance
Medical Aid in Dying Law 
Chapter 715 of the Laws of 2025 & Chapter 1 of the Laws of 2026

Purpose

This document summarizes the mental health professional-related provisions contained in Article 28-F, Medical Aid in Dying, and is intended to guide psychiatrists and psychologists regarding mandatory evaluations, documentation, reporting, protections, and professional obligations.

Definition:

The Law defines a Mental Health Professional as either:

  • A physician licensed to practice medicine in New York State who is a diplomate of the American Board of Psychiatry and Neurology, eligible for certification by that board, certified by the American Osteopathic Board of Neurology and Psychiatry, or eligible for certification by that board; or
  • An individual licensed to practice psychology under Title Eight of the Education Law.

Psychiatrists and psychologists in the Medical Aid in Dying Process:

  • A psychiatrist or psychologist must evaluate the patient as part of the Medical Aid in Dying process.
  • The evaluation determines whether the patient has decision-making capacity to make an informed decision.

Mandatory Mental Health Evaluation

The MAID Law requires a mental health professional evaluation before the attending physician may prescribe medication.
The attending physician may not proceed to prescribe unless the required decision-making capacity determination has been completed and documented.

Evaluation Standard

  • Decision-making capacity means the ability to understand and appreciate the nature and consequences of health care decisions, including the benefits, risks, and alternatives to proposed health care, including medical aid in dying, and to reach an informed decision.

The mental health professional must make an independent conclusion regarding whether the patient has decision-making capacity to make an informed decision.

Written Reporting Requirements

  • The mental health professional must report, in writing, to the attending physician and consulting physician.
  • The written report must state the mental health professional’s independent conclusion about whether the patient has decision-making capacity to make an informed decision.

Effect of Capacity Determination

  • If the mental health professional determines that the patient lacks decision-making capacity:
    • The patient is not a qualified individual.
    • The attending physician may not prescribe medication.
  • A determination that the patient lacks decision-making capacity under this section does not constitute a finding that the patient lacks decision-making capacity for any other purpose.

Documentation Requirements

  • The attending physician must document or file the written decision-making capacity determination in the patient’s medical record.
  • The medical record must also include a note indicating that all requirements under the Law have been met and must identify the steps taken to carry out the request.

Legal Protections

  • A mental health professional who takes reasonable, good-faith action under the Law, or refuses to participate under the Law, receives protection from civil, administrative, or criminal liability or penalty, and from professional disciplinary action by a governmental entity. 
  • These protections do not apply to negligence, recklessness, intentional misconduct or violations of the Law.

Compliance Considerations

  • Mental health professionals should establish procedures for:
    • Receiving Medical Aid In Dying evaluation referrals.
    • Conducting decision-making capacity evaluations.
    • Preparing written reports.
    • Communicating reports to attending and consulting physicians.
    • Maintaining documentation.
    • Identifying and addressing conflicts with witness roles.
    • Accepting or declining participation.

Key Statutory Requirements for Psychiatrists and Psychologists 

  • Mental health evaluation is mandatory under the integrated bill and chapter amendment.
  • The evaluation addresses decision-making capacity.
  • The determination must be in writing.
  • A negative capacity determination prevents qualification under the Law.
  • The determination applies only to the Medical Aid In Dying process.
  • Good-faith participation and good-faith refusal are protected.