New Jersey
Medical Aid in Dying for the
Terminally Ill Act
2019 Data Summary
Prepared by:
The Office of the Chief State Medical Examiner
2
Executive Summary
The New Jersey Medical Aid in Dying for the Terminally Ill Act (P.L. 2019, c. 59) permits an
attending physician to write a prescription for medication that would enable a qualified
terminally ill patient to end his or her life. This Act was approved April 12, 2019 and went into
effect August 1, 2019.
The Act defines “terminally ill” as “the terminal stage of an irreversibly fatal illness, disease, or
condition with a prognosis, based upon reasonable medical certainty, of a life expectancy of six
months or less. The Act defines an “attending physician” as a “physician who has primary
responsibility for the care of the patient and treatment of a patient’s terminal disease.”
The Act requires a qualified terminally ill patient to be a capable adult resident of New Jersey
who has been determined to be terminally ill by his or her attending physician and a consulting
physician. A patient can obtain a prescription for medication to end his or her life only if he or
she has made an informed decision. A request for medication must be made twice orally and
once in writing. The oral requests must be separated by at least 15 days. The written request
would have to be signed and dated by the patient and witnessed by at least two people who attest
that the patient is capable and acting voluntarily. One of these witnesses would have to be a
person who is not:
- Related to the patient;
- Entitled to any portion of the patient’s estate;
- An owner, operator, employer, or resident of a health care facility at which the patient
is receiving medical treatment; or
- The patient’s attending physician
At the time of the initial oral request, an attending physician would have to recommend that the
patient take part in consultations on treatment opportunities. At the time of the second oral
request, the attending physician must offer the patient the opportunity to rescind the request. At
least 15 days would have to elapse between the initial oral request and the writing of the
prescription and 48 hours would have to elapse between a patient signing the written request and
the writing of the prescription. A consulting physician must also confirm the diagnosis and that
the patient is capable and acting voluntarily. If indicated, the patient may also be referred to a
psychiatrist, psychologist, or clinical social worker to determine whether the patient is capable.
The attending physician is required to dispense medications directly to the patient or to contact a
pharmacist and transmit the prescription to the pharmacist. A pharmacist may only dispense
medications directly to the patient, the attending physician, or an identified agent of the patient.
Medications cannot be dispensed to the patient by mail or other form of courier.
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The Commissioner of Health shall require the physician and pharmacist who dispensed the
medication to file a copy of the dispensing record with the department no later than 30 days after
dispensing the medication. The attending physician and consulting physician shall also file
required documentation with the department no later than 30 days after the qualified terminally
ill patient’s death. The Office of the Chief State Medical Examiner (OCSME) has been tasked
with documentation of each event and the creation of an annual report.
The required forms can be found at:
https://www.nj.gov/health/advancedirective/maid/
4
Participation Summary and Trends
During the period between August 1
st
and December 31
st
of 2019, twelve (12) Medical Aid in
Dying cases were filed with the Office of the Chief State Medical Examiner (OCSME).
2019 MAiD Cases
Number of Cases
Percentage of Total Cases
Gender
Male
6
50%
Female
6
50%
Race
White
11
92%
Black
-
-
Hispanic
-
-
Asian
1
8%
Native
Hawaiian/Pacific
Islander
-
-
American Indian
-
-
Other single race
-
-
Two or more
races
-
-
50%50%
GENDER
Male Female
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2019 MAiD Cases
Number of Cases
Percentage of Total Cases
Age
45-54 years
1
8%
55-64 years
4
33%
65-74 years
2
17%
75-84 years
3
25%
85+ years
2
17%
Of the twelve MAiD cases, the age of patients reported was between 50 and 93. The mean and
median ages were both 71 years.
2019 MAiD Cases
Number of Cases
Percentage of Total Cases
Marital Status
Married
6
50%
Widowed
3
25%
Single
1
8%
Divorced
2
17%
Unknown
-
-
0
0.5
1
1.5
2
2.5
3
3.5
4
4.5
45-54 years 55-64 years 65-74 years 75-84 years 85+ years
Age
2019
50%
25%
8%
17%
MARITAL STATUS
Married Widowed Single Divorced
6
2019 MAiD Cases
Number of Cases
Percentage of Total Cases
Education
Unknown
-
-
8
th
Grade or Less
-
-
9
th
to 12
th
Grade, No Diploma
-
-
High school/ GED
2
16%
Some college credit but no
degree
1
8%
Associate degree
-
-
Bachelor’s degree
4
34%
Master’s degree
4
34%
Doctorate or Professional
degree
1
8%
It is recommended that when the patient takes the prescribed medication, they leave a copy of the
required paperwork in plain view.
- In 67% of cases, the OCSME was notified of the death via mailing-in of required forms.
- In 33% of cases, the OCSME was notified of the death via a phone call
In 2018, heart disease was the leading cause of death in New Jersey, accounting for 25.1% of all
deaths, followed closely by cancer at 21.1%. However, for those participating in the Medical Aid
in Dying program in New Jersey, cancer is the leading underlying illness. All recorded cases of
neuro-degenerative disease consisted of Amyotrophic Lateral Sclerosis (ALS).
2019 MAiD Cases
Number of Cases
Percentage of Total Cases
Underlying Illness
Cancer
7
59%
Neuro-degenerative disease
3
25%
Pulmonary disease
1
8%
Gastrointestinal disorder
1
8%
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The New Jersey Medical Aid in Dying for the Terminally Ill Act does not make
recommendations for any specific medications that should be prescribed for a patient, but it does
state the patient must be able to self-administer the medication. If medication is dispensed and
for whatever reason the patient decides not to self-administer the medication, it must be disposed
of by lawful means, including but not limited to, disposing of the medication in a way consistent
with State and Federal guidelines concerning disposal of prescription medications, or by
surrendering the medication to a prescription medication drop-off receptacle.
2019 MAiD Cases
Medication Prescribed
Ondansetron, Metoclopramide, Digoxin, Diazepam,
Amitriptyline, & Morphine Sulfate
6
Metoclopramide, Zofran ODT, Digoxin Powder,
Morphine Sulfate Powder, Diazepam Powder, &
Amitriptyline Powder
2
Metoclopramide, Digoxin Powder, Morphine Sulfate
Powder, Diazepam Powder, & Amitriptyline Powder
1
Diazepam Powder, Digoxin Powder, Morphine Powder, &
Propranolol Powder
1
Unknown
2
8
2019 MAiD Cases
Number of Cases
Percentage of Total Cases
Disposition
Buried
2
17%
Cremated
10
83%
Donation
-
-
Entombment
-
-
Other
-
-
Removal from State
-
-
County of Residence
Atlantic
-
-
Bergen
1
8%
Burlington
1
8%
Camden
-
-
Cape May
-
-
Cumberland
-
-
Essex
1
8%
Gloucester
-
-
Hudson
-
-
Hunterdon
2
17%
Mercer
4
34%
Middlesex
-
-
Monmouth
1
8%
Morris
-
-
Ocean
-
-
Passaic
-
-
Salem
1
8%
Somerset
-
-
Sussex
-
-
Union
1
8%
Warren
-
-
Place of Death
Home
10
84%
Others Home
1
8%
Nursing Home
1
8%
References
https://nj.gov/health/advancedirective/maid/
https://www-doh.state.nj.us/doh-shad/query/builder/mort/MortStateICD10/Count.html