DWD-Information.org | Oct 2026

Medical Aid in Dying Laws Across the United States

How the Process Differs by Jurisdiction

Request timing and provider review — simplified comparison
JurisdictionRequest / waiting-period summaryProvider reviewPrimary 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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