Amendment to shorten the waiting period for MAID passes in Maine Physicians can waive up to 10 of the 17 days waiting period
An amendment to Maine’s Death with Dignity Act was signed by Governor Janet Mills that allows physicians to use their clinical discretion to waive up to 10 days of the 17-day waiting period for qualified patients.
The Maine Death with Dignity Act was first passed in 2019. Until this recent amendment, Maine had the longest mandatory waiting period of any of the 11 jurisdictions with a Death with Dignity law.
Passage came after weeks of heated debate in the legislature with advocates and opposition testifying. Supporters argued that the change will spare eligible patients unnecessary suffering. Since the law was first enacted, nine individuals died before they could complete the required waiting period of 17 days. Opposition from disability rights organizations poses concern over patients with disabilities being coerced or pressured into using MAID instead of having support of greater palliative care.
For context, Maine’s new amendment aligns with a growing national trend: states are shortening lengthy waiting periods to ensure terminally ill patients have timely access to medical aid in dying. In recent years:
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2019: Oregon amended its law to allow the 15-day waiting period to be waived for patients who are imminently dying.
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2021: California reduced its waiting period from 15 days to 48 hours.
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2022: Vermont eliminated the 48-hour waiting period before a physician can write a medical aid in dying prescription.
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2023: Hawaii shortened its waiting period from 20 days to 5 days.
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2023: Washington reduced its 15-day waiting period to 7 days.
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2024: Colorado reduced its waiting period from 15 to 7 days.
Comments from palliative care and oncology physicians testifying in favor of the amendment note that physicians who participate in the law have long standing relationships with their end-of-life patients and do not see them making rushed or rash decisions. They have tried every avenue available to continue life until it becomes unbearable.
The amendment goes into effect in September 2025.