The Collective Physician Voice Can Shape History
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Colleagues:
On Dec 17, New York State announced that a deal had been struck that would make it the 13th State to allow Medical Aid in Dying. New York is the first state in which the respective state Medical Society was in support of the legislation at the time of its passage. This stance by your medical society assured those who object to this law—be it individual physician or institution—would play no role in these decisions by the patient. There are significant safeguards to the patient, including the requirement that two physicians and a mental health professional provide an assessment that the patient is capable of making the decision and has less than 6 months to live; and there is a waiting period before the requested aid is rendered.
When I attended the Governor’s press conference, I received tremendous appreciation from the patients, their families and loved ones, the advocates and the politicians for the brave position MSSNY took on this matter. Prior to this, I also received criticism by some for the decision of our House of Delegates (HOD) over two years ago. The HOD’s decision put us at the table, crafting the best law forward that respected all parties involved—including those who fundamentally object to it.
For those still critical of the position of our HOD, the question on this legislation was not if it would be enacted, but when. MSSNY was then able to shape the who and how to exclude anyone who objects and protect anyone from its inappropriate use and make sure sufficient safeguards exist. The why is obvious—we live in a democracy and both the electorate and our HOD spoke their will and we need to respect the wishes of the majority while protecting the rights of the minority. This legislation accomplishes that because of MSSNY’s input.
The personal stories of unnecessary and preventable grief and suffering prior to death and the simple ask by some to allow for some dignity and choice for the inevitable created a very moving experience for those in attendance.
This stance was supported by our colleagues at the New York State Academy of Family Physicians and the New York State Psychiatric Association. The legislative champions of Assemblywoman Amy Paulin and Senator Hoylman-Sigal are to be commended for their drive and dedication, and Governor Hochul for her thoughtful chapter amendments.
On December 17, your MSSNY was seen by those in the room as a brave partner to this landmark legislation and was thanked and respected by all those in attendance.
We understand that many of our members have genuine and differing opinions on this and other issues; however, let’s remember that we do agree on the majority of important issues and priorities for the practice of medicine. As we approach the upcoming fiscally challenging state budget, we need to all pull together in friendship and support to achieve the legislative priorities so important to New York physicians. Hopefully our collaboration with the legislators on this bill will help us achieve these goals.
Remember your voice—the collective physician voice—can shape history.
Thank you.
All the best,
David Jakubowicz, MD, FACS
MSSNY President
