DWD-Information.org | Oct 2026
Medical Aid in Dying Laws Across the United States
How the Process Differs by Jurisdiction
| Jurisdiction | Request / waiting-period summary | Provider review | Primary source |
|---|---|---|---|
| California | Two oral requests at least 48 hours apart, plus a written request. | Attending + consulting physicians. | California Department of Public Health |
| Colorado | Two oral requests at least 7 days apart, plus a written request. The interval may be shortened if death is expected within 48 hours. | Attending + consulting providers; physicians or APRNs may serve in these roles. | Colorado General Assembly |
| Delaware | Two oral requests at least 15 days apart, plus a written request. The written request must be submitted at least 48 hours before medication can be dispensed. | Attending + consulting physician or APRN. | Delaware DHSS |
| District of Columbia | Two oral requests at least 15 days apart, plus a written request before the second oral request and at least 48 hours before medication may be prescribed or dispensed. | Attending + consulting physicians. | D.C. Law Library |
| Hawai‘i | Two oral requests at least 5 days apart, plus a written request after eligibility is confirmed. | Three-provider review: attending + consulting provider + mental-health provider. Physicians and qualified APRNs may serve as attending or consulting providers. | Hawai‘i Department of Health |
| Illinois | Initial oral request, written request, then a second oral request at least 5 days after the first. The interval may be shortened if death is expected within 5 days. | Attending + consulting physicians. | Illinois General Assembly |
| Maine | Two oral requests at least 15 days apart, plus a written request no earlier than 15 days after the first oral request; at least 48 hours from written request to prescription. Portions may be waived, but the total wait cannot be less than 7 days. | Attending + consulting physicians. | Maine Legislature |
| Montana | No detailed statutory request or waiting-period schedule. Montana’s framework comes from the state Supreme Court decision in Baxter v. State. | Physician; the court decision provides a legal defense rather than a step-by-step statutory program. | Baxter v. State (2009 MT 449) |
| New Jersey | Two oral requests at least 15 days apart, plus a written request; at least 48 hours from the written request to the prescription. | Attending + consulting physicians. | New Jersey Department of Health |
| New Mexico | A voluntary request is evaluated by the prescribing provider. There is generally a 48-hour wait after the prescription is written before it may be filled; the wait may be waived if the patient is unlikely to survive it. | MD, DO, APRN, or PA may be a prescribing provider; medical confirmation requirements vary, and in most cases two clinicians are involved with at least one MD or DO. | New Mexico Legislature / Department of Health |
| New York | One oral request recorded by audio or video, plus a signed written request with two witnesses. Medication cannot be filled until 5 days after the prescription is written. | Attending + consulting physicians, plus mandatory capacity evaluation by a psychologist or psychiatrist. | New York State Department of Health |
| Oregon | Two oral requests at least 15 days apart, plus a written request; normally at least 48 hours from written request to prescription. Waiting periods may be waived when they exceed the patient’s life expectancy. | Attending + consulting physicians. | Oregon Health Authority |
| Vermont | Two oral requests at least 15 days apart, plus a written request. | Prescribing physician + second physician for confirmation. | Vermont Legislature |
| Washington | Two oral requests at least 7 days apart, plus a written request; at least 7 days from the first oral request to the prescription. | Attending + consulting qualified medical providers; physicians, physician assistants, and ARNPs may qualify. | Washington State Department of Health |
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© 2026 DWD-Information, LLC. All Rights Reserved.
© 2026 DWD-Information, LLC. All Rights Reserved.