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Setup and Execution of the Rapid Cycle Deliberate Practice Death Notification Curriculum
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Residency Requirements for Medical Aid in Dying.

Rebecca Dresser

    The Hastings Center Report
    |March 15, 2024
    PubMed
    Summary

    Medical aid in dying (MAID) laws are evolving, with some states removing residency requirements. Legal challenges and constitutional considerations may influence future state policies on end-of-life care access.

    Area of Science:

    • Medical Ethics
    • Public Health Law
    • End-of-Life Care

    Background:

    • Oregon's 1997 medical aid in dying (MAID) law was the first in the U.S. and included a state residency requirement.
    • Subsequent jurisdictions that legalized MAID also adopted similar residency stipulations.
    • Recent legal challenges question the legality and justification of these residency requirements.

    Purpose of the Study:

    • To analyze the trend of residency requirements in U.S. medical aid in dying (MAID) laws.
    • To examine the impact of recent litigation on these requirements.
    • To explore the constitutional and policy implications of eliminating residency requirements for MAID.

    Main Methods:

    • Review of legislative history of MAID laws in U.S. jurisdictions.
    Keywords:
    end‐of‐life choicesmedical aid in dyingmedical ethicsphysician‐assisted suicidestate legal residence

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  • Analysis of recent court cases challenging MAID residency requirements.
  • Examination of constitutional clauses, specifically the privileges and immunities clause.
  • Policy analysis of state-level MAID implementation.

    • Main Results:

    • Oregon and Vermont have recently removed their MAID residency requirements in response to legal challenges.
    • The U.S. Constitution's privileges and immunities clause may protect the right to travel for medical care.
    • Policy considerations and evidence of MAID application are prompting reevaluation of residency rules.

    Conclusions:

    • Residency requirements for medical aid in dying (MAID) are increasingly being challenged and removed.
    • Constitutional protections for interstate travel for medical care could influence future MAID legislation.
    • States may reconsider and eliminate residency requirements based on legal precedent and policy evaluations.