WeVote
Log In

Bill

AC

Bill

A 3705

Waives 15 day waiting period for medical aid in dying under certain circumstances.

2026-2027 Regular Session Introduced by Alixon Collazos-Gill and 1 co-sponsor

The bill allows waiving the 15-day MAID waiting period for terminally ill patients expected to die within 15 days, if medically justified and documented, while preserving a 48-hour

Introduced, Referred to Assembly Health Committee
0
WeVote Research Nonpartisan
Bill Summary · A 3705

Overview

A 3705 (New Jersey, 2022-23 Session) proposes to waive the 15-day waiting period for medical aid in dying (MAID) under specific circumstances, while retaining a 48-hour waiting period between a written MAID request and the issuance of a prescription. The bill adds a provision allowing the waiting period to be shortened when reasonable medical certainty indicates the patient is not expected to survive 15 days. It requires documentation of the medical basis for that determination and expands recordkeeping related to MAID processes.

Main purpose and intent

  • To provide a mechanism to accelerate access to MAID medications for patients with a terminal illness who are not expected to survive 15 days, by waiving the 15-day waiting period in those cases.
  • To ensure ongoing safeguards and documentation when the waiting period is waived, including clear medical justification and thorough medical-record entries.

Key provisions and changes

  • Section 10 of P.L.2019, c.59 (C.26:16-10) amended to:
    • Waive the 15-day waiting period between the initial oral request and the second oral request if, with reasonable medical certainty, the patient is not expected to survive 15 days. In such cases, the second oral request requirement may be waived.
    • Maintain the requirement that the attending physician offer the patient a chance to rescind the request at the time of the second oral request.
    • Allow the written MAID request to be submitted at the initial oral request or anytime thereafter.
    • Retain the requirement that the written request meet the standards of section 5 (C.26:16-5).
    • Waive the 15-day waiting period between the initial oral request and the writing of a prescription only if the patient is not expected to survive 15 days; in this scenario, at least 48 hours must elapse between the initial oral request and the prescription.
    • Require at least 48 hours to elapse between the attending physician’s receipt of the written request and the writing of a prescription.
    • Allow the patient to rescind the MAID request at any time and in any manner, regardless of mental state.
    • At the time of the initial oral request, require the attending physician to offer and, if desired by the patient, arrange a consultation about concurrent or additional treatment opportunities, palliative care, comfort care, hospice care, and pain control options, with a referral to a qualified health care professional. The consultation may consider prognosis, prior treatments, and current/past palliative or supportive care.
    • Mandate detailed entries in the patient’s medical record, including:
    • Basis for determining the patient is a qualified terminally ill patient.
    • All oral and written MAID requests.
    • Diagnoses, prognosis, patient capability, voluntariness, and informed decision-making.
    • Any mental health professional’s assessment, if applicable.
    • Attending physician’s recommendation and whether the patient participated in related consultations and current care status.
    • The attending physician’s offer to rescind at the time of the second oral request (where applicable).
    • A note confirming that all statutory requirements have been met and detailing steps taken to fulfill the patient’s MAID request, including the prescribed medication.
    • Documentation justifying any waiver of the 15-day waiting period based on the patient not surviving 15 days.
  • Effective date: The act takes effect immediately upon passage.

Who/what is affected

  • Qualified terminally ill patients seeking MAID under New Jersey law.
  • Attending physicians and consulting physicians involved in MAID determinations and prescriptions.
  • Health care professionals involved in palliative, hospice, or supportive care discussions and referrals.
  • Medical records systems, which must include specific documentation related to requests, diagnoses, prognosis, and any waivers of waiting periods.

Procedural and timeline aspects

  • Retains a 48-hour waiting period between the written MAID request and the prescription (even if the 15-day waiting period is waived).
  • Allows waivers of the 15-day waiting period only when there is reasonable medical certainty that the patient will not survive 15 days; requires documentation of the medical basis for that determination.
  • If the waivers apply, the second oral request and the 15-day interval are effectively shortened or eliminated, subject to the 48-hour prescription waiting period.
  • Physicians must document comprehensive information in the patient’s medical record, ensuring accountability and traceability of MAID decisions.
  • The bill was introduced in January 2026 and assigned to the Assembly Health Committee for consideration.

Potential impact

  • Increases potential speed for access to MAID where prognosis indicates imminent death within 15 days.
  • Maintains safeguards through mandatory documentation, patient counseling, and opportunities to rescind.
  • Could affect timelines for MAID implementation in terminally ill patients and shift some administrative burdens onto physicians and medical records.
  • Keeps emphasis on concurrent palliative and supportive care discussions, ensuring patients are informed of all care options.

If you’d like, I can provide a side-by-side comparison with the current statute (P.L.2019, c.59) or a plain-language transfer-ready briefing for stakeholders.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.