Elizabeth Whitefield End-of-Life Options Act
The Elizabeth Whitefield End-of-Life Options 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 attending physician. The Act requires physicians to submit specific forms and information to the New Mexico Department of Health (NMDOH). NMDOH collects the data from the forms submitted by physicians 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 has:
- Mental capacity
- A terminal illness
- Voluntarily made the request for medical aid-in-dying
- The ability to self-administer medical aid-in-dying medication
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 Clinicians
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 physicians who prescribe MAiD to individuals, to complete and submit to the department 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 physician 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, physicians 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 decided to end their life. Physicians 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
Cooming Soon.
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, physicians, pharmacists, family members, or other participants in activities covered by the Elizabeth Whitefield End-of-Life Options Act.