Elizabeth Whitefield End-of-Life Options Act
The Elizabeth Whitefield End-of-Life Options Act (Act) took effect in July 2021, allowing individuals diagnosed with a terminal illness, who meet certain qualifications, to request medical aid-in-dying (MAID) medication from their health care provider (defined as an MD, DO, Advance Practice Nurse or Physician Assistant). The Act requires MAID perscribers to submit specific forms and information to the New Mexico Department of Health (NMDOH). NMDOH collects the data from the forms submitted by MAID perscribers to produce an annual statistical report, pursuant to the Act and relevant confidentiality requirements.
The Law
The Elizabeth Whitefield End-of-Life Options Act allows a healthcare provider to prescribe MAID to a terminally ill individual if the healthcare provider has determined that the individual is a resident of New Mexico who is eighteen years of age or older and has:
- Capacity to make an informed health care decision
- A terminal illness with a life expectancy of six months or less
- Voluntarily made the request for medical aid-in-dying
- The ability to self-administer medical aid-in-dying medication
The Act requires that the assessment of eligibility for MAID must be made by the prescribing clinician and confirmed by a consulting health care provider.
The Act requires the NMDOH to adopt and promulgate rules that establish the timeframes and forms for reporting, pursuant to the Act, and limit the reporting of data relating to qualified individuals who received prescriptions for medical aid-in-dying medication.
House Bill 047 (HB47) was passed in 2021 to establish rights, procedures and protections relating to MAID; establish reporting requirements; and remove criminal liability for providing assistance pursuant to the Elizabeth Whitefield End-of-Life Options Act.
Senate Bill 471 (SB471) was passed in 2023 to amend the End-of-Life Options Act to clarify that healthcare providers are able to refuse to participate in MAiD for reasons of conscience.
For additional information, please review the following:
For Health Care Providers
The Act requires NMDOH to obtain and report information regarding the MAiD medication prescribed. The NMDOH has created the EOL1 – Medical Aid in Dying Reporting Form for health care providers who prescribe MAID to individuals, to complete and submit to the NMDOH within 30 days* of the MAID prescribed to an individual. This page will contain the most up-to-date form to use. If you are a health care provider who has prescribed MAID to a patient, please download the EOL 1 form and submit the completed form into NMDOH through the following methods:
- Mail: New Mexico Vital Records and Health Statistics
P.O. Box 26110
Santa Fe, NM 87502-6110 - Fax: (505) 827-0403
NOTE: According to Senate Bill 471, passed in 2023, health care providers may object to participating in medical aid-in-dying for reasons of conscience, and therefore would not be required to assist a patient if they decide to end their life. Health care providers who choose not to participate in medical aid in dying would not be required to provide information on medical aid-in-dying medication to patients, prescribe aid-in-dying medication, or complete and submit this information to NMDOH.
Annual Statistical Reports
Coming soon.
Additional Resources and Links
For more information about all aspects of end-of-life care and options, including medical aid in dying, please explore the following websites:
End of Life Options New Mexico (EOLONM)
End of Life Options New Mexico (EOLONM) is a statewide nonprofit organization whose mission is to provide information and support for advance care planning and end-of-life options, including medical aid in dying. Deploying a cadre of trained local volunteers, EOLONM provides outreach and community education statewide and individual client support when requested through a staffed telephone line and the EOLONM website.
Compassion and Choices
Compassion and Choices supports national and local efforts to legalize medically assisted deaths, inform the public about advance care planning and their end-of-life options and educates the public and health care professionals about end-of-life issues. C&C works to improve care, improve options, and empower everyone to chart their end-of-life journey.
Death with Dignity
Death with Dignity is a national nonprofit that focuses on advocacy and legal reform. Their values strongly favor freedom and autonomy, resulting in tangible improvements for all end-of-life choices. Their goal is to ensure people with terminal illness can decide for themselves what a good death means in accordance with their values and beliefs.
American Clinicians Academy on Medical Aid in Dying (ACAMAID)
American Clinicians Academy on Medical Aid in Dying (ACAMAID) is a nonprofit professional organization comprised of and focused specifically for clinicians, allied supportive staff and trained volunteers devoted to developing and improving best practices for the care of patients considering or completing Aid in Dying.
Confidentiality
The Elizabeth Whitefield End-of-Life Options Act states that the information reported to NMDOH is not a public record and is not available for public inspection. To comply with this statutory mandate, NMDOH does not collect individually identifiable information, and NMDOH will not disclose any information that identifies patients, health care providers, pharmacists, family members, or other participants in activities covered by the Elizabeth Whitefield End-of-Life Options Act.