Medical Aid in Dying: Key Variations Among U.S. State Laws

14(1) Journal of Health and Life Sciences Law 25-59 (2020)

39 Pages Posted: 9 Feb 2021 Last revised: 17 May 2021

See all articles by Thaddeus Mason Pope

Thaddeus Mason Pope

Mitchell Hamline School of Law; Queensland University of Technology - Australian Health Law Research Center; Alden March Bioethics Institute; Saint Georges University

Date Written: October 30, 2020

Abstract

Medical aid in dying (MAID) is legal in eleven U.S. jurisdictions representing one-fourth of the U.S. population, but despite its legality, MAID is practically available to only a subset of qualified patients in these states. MAID’s eligibility requirements and procedural safeguards may impede a patient’s access. In response, state legislatures have begun to craft more flexible rules as they recalibrate the balance between safety and access.

There is already significant variability among U.S. MAID statutes in terms of eligibility requirements, procedural conditions, and other mandates. While the Oregon Death with Dignity Act has served as the template for all subsequent MAID statutes, the states have not copied the Oregon law exactly. Furthermore, this nonconformity grows as states continue to engage in an earnest and profound debate about the practicality of MAID.

The AHLA Journal of Health and Life Sciences Law is published by the American Health Law Association, www.americanhealthlaw.org.

Keywords: MAID, medical aid in dying, euthanasia, death with dignity, end of life, assisted suicide, voluntary assisted dying, end of life options act

JEL Classification: I18, I28, K32

Suggested Citation

Pope, Thaddeus Mason, Medical Aid in Dying: Key Variations Among U.S. State Laws (October 30, 2020). 14(1) Journal of Health and Life Sciences Law 25-59 (2020), Available at SSRN: https://ssrn.com/abstract=3743855 or http://dx.doi.org/10.2139/ssrn.3743855

Thaddeus Mason Pope (Contact Author)

Mitchell Hamline School of Law ( email )

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HOME PAGE: http://www.thaddeuspope.com

Queensland University of Technology - Australian Health Law Research Center ( email )

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Alden March Bioethics Institute ( email )

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HOME PAGE: http://www.thaddeuspope.com

Saint Georges University ( email )

West Indies
Grenada

HOME PAGE: http://www.thaddeuspope.com

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