About
Frequently asked questions about Medical Aid in Dying (MAID).
FIC Staff · Last reviewed: October 23, 2026.
Q: What is medical aid in dying (MAID)?
A: Medical aid in dying is a medical practice, allowed by state law (and in Montana by a court ruling), that lets mentally capable, terminally ill adults with six months or less to live request a prescription for medication they can choose to take to die peacefully if their suffering becomes unbearable. It is sometimes also referred to as death with dignity, physician-assisted death/dying, aid in dying, or physician aid in dying.
Q: Who is eligible for medical aid in dying?
A: To qualify for aid-in-dying medication, you must:
Be an adult in a state where medical aid in dying is authorized. The places where aid-in-dying is legal are: Oregon, Washington, Montana, Vermont, California, Colorado, Hawaii, New Jersey, Maine, New Mexico, Delaware, New York, Illinois, and Washington DC. Most of them require you to be a resident; Oregon and Vermont do not.
Be capable of making your own healthcare decisions
Have a terminal illness that will lead to death within six months, confirmed by your doctor and, in most states, a second doctor
Find a clinician who is willing to prescribe the medication. The Academy of Aid-in-Dying Medicine offers a free referral service.
Be prepared for the waiting period set by your state's law, from a few days to about two weeks, plus the time it takes to find participating clinicians and complete the assessments
Be able to self-administer and ingest the aid-in-dying drug
For more information, go to the Death with Dignity website or the Compassion and Choices website.
Q: Is medical aid in dying mandatory in any situation?
A: No. It would be illegal for someone to tell you or a loved one they have to die at any particular time. Participation in MAID must be requested by you. No patient is ever required to use it, and no physician is mandated to provide it. It is illegal to force someone to request or use aid-in-dying medication.
Q: What safeguards are included in medical aid-in-dying laws?
A: State MAID laws include strict eligibility criteria and over a dozen safeguards. Details vary by state, but they typically include:
The patient must make multiple requests, both oral and written.
The patient must take the drugs themselves. In the US, neither caretakers nor doctors can directly give the drugs to the patient.
Two clinicians must confirm the terminal diagnosis and 6-month prognosis. In most states these are doctors; Washington, Colorado, Hawaii, New Mexico and Delaware also allow nurse practitioners, and Washington and New Mexico allow physician assistants. New Mexico does not require a second clinician if you are in hospice.
If either clinician suspects the patient's judgment is impaired, they must refer them for a mental health evaluation. Hawaii and New York require this evaluation for everyone.
Two witnesses must attest the request is being made voluntarily without coercion.
There is a waiting period of a few days to about two weeks, depending on the state.
The patient can rescind the request at any time.
Clinicians must report each prescription to the state.
Montana has no MAID statute, so these statutory safeguards do not apply there in the same way.
Q: How difficult is it to qualify for MAID?
A: Laws differ by state, so check the qualifications in your state. However, in most states:
The patient must make multiple requests, both oral and written
The patient must be able to take the drugs themselves. In the US, neither caretakers nor doctors can directly give the drugs to the patient.
Two clinicians must confirm the terminal diagnosis and 6-month prognosis. In most states these are doctors; Washington, Colorado, Hawaii, New Mexico and Delaware also allow nurse practitioners, and Washington and New Mexico allow physician assistants. New Mexico does not require a second clinician if you are in hospice.
If either clinician suspects the patient's judgment is impaired, they must refer them for a mental health evaluation. Hawaii and New York require one for everyone.
Two witnesses must attest the request is being made voluntarily without coercion
There is a waiting period of a few days to about two weeks, depending on the state
Most states require proof of residency; Oregon and Vermont do not
The patient can rescind the request at any time
Clinicians must report each prescription to the state
For more information, go to the Death with Dignity website or the Compassion and Choices website.
Q: How many people use medical aid-in-dying laws? Is it safe?
A: Aid-in-dying laws have been in place in some states for over 25 years. Medical aid in dying accounts for a small share of deaths: in Oregon's 2025 report, about 1 in 100 deaths in the state (1.0%) followed taking aid-in-dying medication, and in California's 2025 report it was fewer than 1 in 200 (0.44%) (Oregon Health Authority, 2026; California Department of Public Health, 2026).
Not everyone who gets a prescription uses it. In Oregon's 2025 report, about 1 in 5 people whose outcome was known (22%) died without taking the medication. California's 2025 report showed a similar share (21%), and Washington's 2024 report a smaller one (10%).
State reports have not documented cases of coercion, but they are not designed to detect it: they rely on forms submitted by prescribers, and Oregon's health authority does not independently investigate eligibility. A 2007 peer-reviewed review of Oregon and Dutch data found no evidence that most vulnerable groups were disproportionately affected (Battin et al., 2007). Discuss any concerns about pressure or coercion privately with your healthcare team.
Q: Assuming I live in a state where MAID is legal, how do I find a doctor who is willing to prescribe MAID drugs?
A: The Academy of Aid-in-Dying Medicine (formerly the American Clinicians Academy on Medical Aid in Dying) runs a free referral service that connects patients with participating clinicians. Compassion & Choices offers end-of-life consultations, and some states have their own organizations, such as End of Life Washington. A death doula can also help you navigate the health system.
Q: What if I can’t find a participating physician?
A: Use the Academy of Aid-in-Dying Medicine's free referral service, or contact Compassion & Choices for an end-of-life consultation. In some states, a state organization such as End of Life Washington can help. A death doula can also help you navigate the health system.
Q: Can I apply for hospice and also MAID?
A: Yes. Most people who use MAID are already in hospice: 92% in Oregon's 2025 report. You can either apply for MAID and then ask for hospice help, or get into a hospice and then apply for MAID. Either way, talk to the hospice up front, because hospice policies on MAID vary.
Q: Where can I take the medications?
A: Most people take the medication at home: about 8 in 10 in Oregon's 2025 report (80%), and about 87% in Washington's 2024 report and California's 2025 report. It can also be taken in an assisted living facility, nursing home or hospice facility that allows it. You should NOT take it in a public place. You should not take it out of the state in which it was prescribed.
Q: What if I decide not to take the medications once I have them?
A: Giving the medications to another person is illegal. Ask your pharmacist, prescriber, or hospice team how to dispose of unused medication safely. An authorized drug take-back program is preferred for most medicines; follow the specific instructions for your medication and your state. See the FDA’s medication-disposal guidance.
Q: Can my Representative or other family member request MAID for me?
A: No. You must be able to request it for yourself
Q: Can I write that I want MAID in my Living Will for use if I later become incompetent or unable to take the medications myself?
A: No. You must be competent to make the requests and to give the medication to yourself at the time you undertake MAID.
Q: How long does it take to die after the medications are swallowed?
A: With the medication combination most used today, people usually fall into a deep sleep within about 5 minutes. In a 2025 study of nearly 2,000 deaths using this combination, about 4 in 5 (79%) died within 2 hours, 93% within 5 hours, and about 7% took longer (Macmillan et al., 2025). The medications that cause a coma act before those that stop breathing and the heart, so people are deeply asleep first. Timing varies from person to person; your clinician can tell you what to expect.
Q: What if the medications don’t work OR What are the complications?
A: Complications are uncommon. Oregon's reports since 1998 list difficulty swallowing or bringing the medication back up (66 reported cases), seizures (5) and waking up after taking the medication (9, none with today's main drug combinations). These counts come only from deaths where a clinician was present, so the true numbers may be somewhat higher (Oregon Health Authority, 2026). Taking longer than 5 hours to die happens in about 7% of cases with the main combination used today; it is more common in people who had been taking higher doses of opioids (Macmillan et al., 2025). Having a healthcare provider, death doula or trained support volunteer present when the medication is taken can help manage side effects and provide reassurance.
Q: What if I can’t swallow?
A: Ask your prescribing clinician about medically appropriate alternatives if you cannot swallow. Eligibility, self-administration requirements, and available options vary. Your clinician can consult the Academy of Aid-in-Dying Medicine for professional guidance.
Q: What are the medications used and what do they do?
A: Protocols may differ slightly by state but doctors typically give a pre-packaged set of medications that includes more than one medication to quickly induce coma and suppress breathing and two medications that stop heart function. Typical drug combinations are: diazepam, digoxin, morphine, amitriptyline and phenobarbital. Patients are typically told to mix the medication powders in apple juice and then to suck on a popsicle or sorbet to offset the bitter taste while the sedatives take effect.
Q: What is the process for obtaining aid-in-dying medication?
A: MAID must be legal in the state where you get it, and most states require you to live there. The steps differ by state. Typically:
You make two verbal requests to a doctor willing to participate. The time required between them depends on the state: 15 days in Oregon, Vermont, New Jersey, Maine, Delaware and DC; 7 days in Washington and Colorado; 5 days in Hawaii and Illinois; and 48 hours in California. New York requires one oral request, which must be recorded on audio or video, plus a written request. New Mexico and New York have a short wait between the prescription being written and filled (2 days in New Mexico, 5 days in New York). Some states let the doctor shorten the wait if you are expected to die sooner. Montana is different: MAID is legal there because of a 2009 court ruling, not a law, so there is no formal state process.
Once the physician considers you eligible, you must make a written request signed by two witnesses. The attending doctor and, in most states, a consulting doctor must confirm that you meet all eligibility criteria. If either suspects that your judgment is impaired, they will refer you for a mental health evaluation; in Hawaii and New York this evaluation is always required.
When all these requirements are met, the attending doctor may prescribe the medication, which you must be able to self-administer. Laws change, so check your state health department's website for the current rules.
To find a participating clinician, use the Academy of Aid-in-Dying Medicine's free referral service, or contact Compassion & Choices or the Death with Dignity website. A death doula can also help you navigate the health system.
Q: Can family members or healthcare proxies request aid-in-dying medication on behalf of a patient?
A: No. The request must be made directly by the patient. It cannot be made through an Advance Directive or by a family member, friend, or healthcare proxy. At the time of the request, the patient must be capable of making their own medical decisions.
Q: Will using an aid-in-dying law affect my insurance?
A: State MAID laws say that using the law as allowed is not suicide, and they protect life, health, and accident insurance and annuity policies from being affected by it. Montana has no MAID statute, so ask an attorney or your insurer there. Separately, federal law bars federal funds, including Medicare, Medicaid and VA, from paying for the aid-in-dying medication itself; other care such as hospice is still covered.
Q: What are the residency requirements?
A: It depends on the state. The places where aid-in-dying is legal are: Oregon, Washington, Montana, Vermont, California, Colorado, Hawaii, New Jersey, Maine, New Mexico, Delaware, New York, Illinois, and Washington DC.
Oregon and Vermont do not require residency, so people from other states can use their laws. You would need a doctor licensed in that state, and you should expect to be in that state for your appointments and when you take the medication.
The other states with MAID laws, and DC, require you to prove current residency, for example with a state driver's license or ID, voter registration, a lease or property ownership, or a state tax return. You may move to one of these states to establish residency, but simply traveling there is not enough.
Montana is different: MAID there rests on a 2009 court ruling rather than a law, so there are no written residency rules. Talk with a participating Montana clinician.
Laws change, so check your state health department's website for the current rules.
Q: How do these laws impact end-of-life care more broadly?
A: Most people who use medical aid in dying are already receiving hospice care: 92% in Oregon's 2025 report and 94% (hospice or palliative care) in California's. Research has not shown that these laws themselves improve end-of-life care. However, a survey of Oregon physicians found that many said they had increased hospice referrals and improved their pain-management knowledge after the law passed (Ganzini et al., 2001), and a 2015 study found Oregon had some of the strongest hospice-use patterns in the country (Wang et al., 2015). Just having the option of medical aid in dying gives some dying people peace of mind, even if they never use the medication.
Q: What do doctors think about medical aid in dying?
A: In Medscape's online surveys of U.S. physicians, about half say aid in dying should be legal for terminally ill patients. The most recent, in 2022, found 52% in favor, 27% opposed and 20% "it depends." Individual clinicians can choose whether to participate. Professional medical societies differ: some support or are neutral on the practice, while others, including the American Medical Association, oppose it.
Q: How much public support is there for medical aid in dying?
A: In Gallup's most recent poll on the question (May 2024), 71% of Americans said doctors should be allowed by law to end a patient's life by painless means when the patient has an incurable disease and the patient and family request it. When the question used the words "assist the patient to commit suicide," 66% agreed. How the question is worded matters (Gallup, 2024).
Q: Where is medical aid in dying authorized?
A: Fourteen U.S. jurisdictions, thirteen states and the District of Columbia, currently authorize medical aid in dying: Oregon (1994), Washington (2008), Montana (by a 2009 court ruling), Vermont (2013), California (2015), Colorado (2016), the District of Columbia (2016), Hawai'i (2018), New Jersey (2019), Maine (2019), New Mexico (2021), Delaware (in effect since January 2026), New York (in effect since August 2026) and Illinois (in effect since September 2026). MAID is not legal in any other state. Laws change, so check your state health department's website or the Death with Dignity states page for the latest.
Sources
Oregon Health Authority. Oregon Death with Dignity Act: 2025 Data Summary (revised June 17, 2026).
California Department of Public Health. End of Life Option Act 2025 Data Report.
Washington State Department of Health. 2024 Death with Dignity Act Report.
Macmillan et al. The Pharmacology of Aid in Dying. J Palliat Med 2025;28(4):492-498.
