New Mexico Elizabeth Whitefield End of Life Options Act - Real Access to MAID

This month, many states introduced legislation to affirmatively legalize medical aid in dying. Notable among these is New Mexico's H.B. 90.  

Last year, I criticized the new Hawaii law for adding "extra" safeguards that impede access without any good evidence that the safeguards were actually needed to protect patient safety. In contrast, New Mexico expands access compared to the Oregon model followed in California, Colorado, Oregon, Vermont, Washington, and Washington, DC.  

First, New Mexico requires no waiting period of fifteen or more days between multiple requests. There is only one 48 hour waiting period between the writing and the filling of  the prescription.

Second, while Hawaii requires three separate clinicians to approve MAID, New Mexico requires only one (unless the patient is not in hospice or appears to have a mental health disorder or an intellectual disability causing impaired judgment).

Third, while the Oregon model requires prescription by a physician, New Mexico follows the Canadian model in also permitting other qualified clinicians (APRN and PA) to prescribe.

New Mexico has learned from reported access problems in other states. It is not enough to legalize the option. It has to be meaningfully available to the patients who have made an informed voluntary decision that they will benefit from it. 

(Here is my article on the history of MAID in the New Mexico Law Review)