Updated
Medical Aid in Dying: Which States Allow It in 2026, and the Rules
As of October 31, 2026, medical aid in dying is legal in 13 US states and the District of Columbia: Oregon, Washington, Montana (by court ruling), Vermont, California, Colorado, Hawaii, New Jersey, Maine, New Mexico, Delaware, New York and Illinois. The laws we checked cover adults with a terminal illness who can make their own decisions and take the medication themselves. The count is ours, from each jurisdiction's own page.
This page is current as of October 31, 2026. These laws change, and several took effect in 2026, so check the state's own page before relying on any detail here. It reports what the laws and the AMA say and takes no side.
Where medical aid in dying is legal in the US
| Jurisdiction | Law | Since |
|---|---|---|
| Oregon | Law: Death with Dignity Act | Since: Enacted October 27, 1997 |
| Washington | Law: Death with Dignity Act (Initiative 1000) | Since: In effect March 5, 2009 |
| Montana | Law: Court ruling, Baxter v. State (2009 MT 449) | Since: 2009 |
| Vermont | Law: Patient Choice and Control at End of Life | Since: Current law |
| California | Law: End of Life Option Act | Since: Current law |
| Colorado | Law: End-of-Life Options Act (Proposition 106) | Since: Approved by voters in 2016 |
| District of Columbia | Law: Death with Dignity Act of 2016 | Since: Effective February 18, 2017 |
| Hawaii | Law: Our Care, Our Choice Act | Since: In effect January 1, 2019 |
| New Jersey | Law: Medical Aid in Dying for the Terminally Ill Act | Since: Effective August 1, 2019 |
| Maine | Law: Maine Death with Dignity Act | Since: Enacted 2019 (PL 2019, c. 271) |
| New Mexico | Law: Elizabeth Whitefield End-of-Life Options Act | Since: In effect July 2021 |
| Delaware | Law: Ron Silverio/Heather Block End of Life Options Act | Since: Effective January 1, 2026 |
| New York | Law: Public Health Law Article 28-F | Since: Effective August 5, 2026 |
| Illinois | Law: End-of-Life Options for Terminally Ill Patients Act (Deb's Law), Public Act 104-0441 | Since: Effective September 12, 2026 |
Montana is the one state where it rests on a court ruling rather than a statute. In Baxter v. State (2009), the Montana Supreme Court found “no indication in Montana law that physician aid in dying provided to terminally ill, mentally competent adult patients is against public policy” (the opinion).
What the laws require
The details differ by state. Common threads in the laws we read:
- An adult. Maine defines an adult as 18 or older (Maine statute).
- A terminal illness, usually six months or less. Delaware, Hawaii and New York specify a prognosis of six months or less, and Maine defines terminal disease as one expected to produce death within 6 months (Delaware, Hawaii, New York).
- Decision-making capacity. New Jersey requires the capacity to make health care decisions, and Hawaii a mentally capable adult (New Jersey, Hawaii). See capacity vs competence.
- Self-administration. The patient takes the medication themselves, as Oregon, New Jersey, Maine and Delaware all specify (Oregon).
- Residency. Most of these laws require state residency. The pages for Washington, the District of Columbia, Hawaii, Maine, New Mexico, New Jersey, Delaware, New York and Illinois all say so (Washington, DC, Hawaii, New Mexico, Illinois).
- Who can prescribe. New Mexico allows MDs, DOs, advanced practice nurses and physician assistants (New Mexico). Vermont requires a Vermont physician (Vermont).
- Reporting. Oregon's law requires the health authority to publish an annual statistical report (Oregon).
The terms, and how they differ
| Term | What it means |
|---|---|
| Medical aid in dying (MAID) | What it means: A capable adult with a terminal illness gets a prescription for medication they may take themselves to end their life. The term New York, New Jersey, New Mexico, Hawaii and Delaware use. |
| Death with dignity | What it means: The name of the laws in Oregon, Washington, Maine and DC. |
| Physician-assisted suicide | What it means: The AMA Code's term: a physician provides the means or information so the patient can perform the life-ending act. |
| Medical assistance in dying (Canada) | What it means: Canada's term. Its law lets an eligible person receive help from a medical practitioner to end their life. |
Canada's MAID
Canada defines medical assistance in dying as a health service that lets eligible people receive help from a medical practitioner in ending their life, within a federal framework in the Criminal Code (Health Canada). You must be at least 18, capable of making health care decisions and have a “grievous and irremediable” medical condition. Two independent practitioners must assess each request. A practitioner can administer the medication, or the person can choose to self-administer it.
The law has two sets of safeguards, depending on whether a person's natural death is reasonably foreseeable or not (Justice Canada). When it is not, the assessment takes at least 90 days.
A mental illness alone does not qualify. That exclusion was delayed in February 2024 until March 17, 2027. On October 27, 2026, the government introduced Bill C-41, the Medical Assistance in Dying Safeguards Act, which would allow advance requests where safeguards and provincial or territorial legislation are in place, and would not go ahead with the expansion to mental illness alone (Justice Canada). As of October 31, 2026 it is proposed legislation, not law.
The AMA's position
The AMA Code says physician-assisted suicide is “fundamentally incompatible with the physician's role as healer.” It also says physicians should not abandon a patient once cure is impossible and must provide appropriate comfort care and adequate pain control. The opinion's note adds that physicians who, after due moral consideration, legally take part “will not have acted in violation of the Code,” and that “thoughtful, morally admirable individuals hold diverging yet deeply held and well-considered perspectives” (AMA Code). In an interview it helps to know both the law and this range of views.
Practice question: the MMI version
How to structure a contested-question answer
Name the values in tension, show you know the facts on both sides, give a clear position with your reasons, and bring it back to the patient. The four pillars of medical ethics give you the vocabulary.
“Should physicians be allowed to help terminally ill patients end their lives? (MMI ethics station)”
A classic MMI policy and ethics prompt. Interviewers are not looking for a side. They want a balanced view, the patient at the center and a clear, reasoned position.
Example answer written by Confetto (the applicant is invented)
This question sets two things that medicine values against each other. Respect for autonomy says a capable adult facing a terminal illness should have a say in how their life ends. Concern for harm says we have to protect vulnerable patients from pressure, and many physicians, including the AMA, see helping a patient die as incompatible with their role as healers.
It is also a live legal question. In the US, more than a dozen jurisdictions now allow it under strict conditions, usually for capable adults with a terminal illness and about six months or less to live who take the medication themselves, while most states do not. Canada allows it under a federal framework.
My own view is that where it is legal, the safeguards matter most: confirming capacity, making sure the request is voluntary, offering excellent palliative care first, and protecting any clinician who chooses not to take part. Whatever the law, a patient asking about this deserves a serious, unhurried conversation about what they are afraid of, because often that fear is about pain or being a burden, which we can address.
Personally, I can see why patients want the option, and I also see why many doctors do not want to provide it. As a future physician I would want to make sure no patient who asks feels abandoned.
Sources: each jurisdiction's health department, legislature or court page, Health Canada, Justice Canada and the AMA Code of Medical Ethics, checked October 31, 2026.
Frequently asked questions
Which states allow medical aid in dying?
As of October 31, 2026, Oregon, Washington, Montana (by court ruling), Vermont, California, Colorado, Hawaii, New Jersey, Maine, New Mexico, Delaware, New York and Illinois, plus the District of Columbia. That is 13 states and DC, by our count from each state's own page.
Who is eligible for medical aid in dying?
Rules differ by state, but the laws we checked are for adults with a terminal illness who can make their own health care decisions, and several, such as Delaware, Hawaii and New York, specify a prognosis of six months or less. Most of them also require state residency.
Is medical aid in dying the same as euthanasia?
Not in the US laws we checked: the patient takes the medication themselves. Canada's MAID is a health service in which a medical practitioner helps an eligible person end their life, either by administering the medication or with the person self-administering it. See Health Canada on MAID.
What is the AMA's position?
The AMA Code says physician-assisted suicide is fundamentally incompatible with the physician's role as healer. Its note adds that physicians who, after due moral consideration, legally take part have not violated the Code, and that thoughtful people hold diverging views. Read the AMA opinion.
Who can get MAID in Canada?
Adults 18 and older who live in Canada, are eligible for government-funded health services, can make their own health care decisions and have a grievous and irremediable medical condition. A mental illness alone does not qualify. That exclusion was set to end March 17, 2027, but Bill C-41, introduced October 27, 2026, would keep it. See Health Canada's eligibility rules.