Understanding Illinois’ New Medical Aid in Dying Law: What Patients, Families and Healthcare Providers Need to Know
Illinois’ End-of-Life Options for Terminally Ill Patients Act took effect September 12, 2026. Here is what patients, families, and healthcare professionals should know about the new law and the process for requesting medication.
End-of-life decisions are deeply personal and can raise important questions for patients, families and healthcare providers. With Illinois’ new End-of-Life Options for Terminally Ill Patients Act, commonly referred to as Medical Aid in Dying (MAiD) or Deb’s Law, Illinois residents now have another legally recognized end-of-life option if they meet specific requirements established by the law.
What Is Medical Aid in Dying?
Medical Aid in Dying is an end-of-life option that allows a qualifying terminally ill adult to request a prescription for medication that the individual may choose to self-administer to bring about death.
Under Illinois law, the medication must be self-administered by the patient. It cannot be administered by another person, even handed to by another person, and the law does not permit administration by injection, feeding tubes, or IV infusion.
Medical Aid in Dying is one of several end-of-life care options available to qualifying patients. Other options include hospice care, palliative care, comfort-focused care, pain and symptom management, and other treatments consistent with a patient’s goals and wishes. Illinois law specifically requires the attending physician to discuss appropriate end-of-life care options with a patient requesting MAiD.
Who May Qualify?
The Illinois law establishes specific eligibility requirements. Generally, a person requesting medication must:
- Be 18 years of age or older.
- Be a resident of Illinois.
- Have a terminal disease that, within reasonable medical judgment, will result in death within six months.
- Have the mental capacity to make an informed healthcare decision.
- Make the request voluntarily and free from coercion or undue influence.
- Be capable of self-administering the medication as required by the law.
A terminal diagnosis must be established through an in-person examination and confirmed by another physician. A diagnosis of major depressive disorder alone does not qualify as a terminal disease under the Act.
Importantly, a person cannot request MAiD on behalf of another individual. Requests must come directly from the patient verbally and in writing. A healthcare agent, power of attorney, guardian, surrogate decision-maker or advance directive cannot make the request for the patient.
How Does a Patient Request Medical Aid in Dying Medication?
The law establishes a specific process that must be completed before a prescription can be provided.
1. Begin the conversation with the attending physician
The patient begins by making an verbal request for Medical Aid-in-Dying medication directly to their attending physician.
The attending physician is responsible for evaluating the patient’s eligibility, including the terminal diagnosis, prognosis, mental capacity and whether the request is voluntary and free from coercion or undue influence.
2. Receive information about all appropriate end-of-life options
The attending physician must provide information about the patient’s diagnosis and prognosis, the potential risks and benefits associated with the medication, and the probable result of self-administration.
The physician must also discuss feasible alternatives and additional treatment options, including:
- Hospice care
- Palliative care
- Comfort care
- Pain and symptom management
- Other appropriate treatment options
The patient must also be informed that they may withdraw the request at any time and that they are not required to fill the prescription or self-administer the medication if it is obtained.
3. A second physician must confirm eligibility
The attending physician must refer the patient to a consulting physician who independently evaluates the patient and confirms that the patient has a terminal disease, has the required prognosis, has mental capacity and is acting voluntarily.
If either physician has concerns about the patient’s ability to make an informed decision, the patient must be referred to a qualified mental health professional for an additional evaluation. If the mental health professional determines that the patient lacks mental capacity or has a psychiatric or psychological disorder causing impaired judgment, the patient does not qualify under the Act. *note at the time of this posting, there is no list of Illinois physicians who will participate in MAiD.
4. Complete the written request
The patient must complete a written request for the medication after making the initial verbal request.
The written request must be signed and dated by the patient and witnessed by at least two people who attest that, to the best of their knowledge, the patient has mental capacity, is acting voluntarily and is not being coerced or unduly influenced.
At least one witness must not be a relative of the patient, a person who would be entitled to the patient’s estate, or an owner, operator or employee of a healthcare entity where the patient is receiving treatment or residing. The attending physician and an interpreter also cannot serve as witnesses.
5. Make a second verbal request
The patient must make a second oral request at least five days after the initial verbal request.
There is an exception when the attending physician determines that, within reasonable medical judgment, the patient is expected to die within five days of the initial request. In that circumstance, the written request and second oral request may occur sooner.
At the time of the second verbal request, the attending physician must offer the patient an opportunity to withdraw the request.
6. The prescription is sent to a licensed pharmacy
Once all requirements of the law have been completed, the attending physician may provide the prescription and transmit it to a licensed pharmacist in accordance with state and federal requirements.
The law permits the prescription to be delivered personally, by mail or through an authorized electronic transmission. The medication may be dispensed to the qualified patient or to a person specifically designated by the patient, as permitted by law.
The prescribing physician is also required to provide information regarding the medication, including information about the recommended method of self-administration, safe storage and disposal, the importance of having another person present, and the requirement not to take the medication in a public place. *note at the time of this posting, there is no list of available pharmacies who have this medication available.
The law does not require a patient to fill the prescription or to ultimately take the medication. A patient may change their mind and withdraw the request at any time.
What Does This Mean for Hospice Patients?
A patient who is considering or pursuing Medical Aid in Dying may still receive hospice care.
Medical Aid in Dying does not eliminate the need for hospice. In fact, patients and families may continue to need expert support with pain and symptom management, emotional and spiritual support, advanced care planning, caregiver support and other aspects of end-of-life care.
Illinois law specifically identifies hospice, palliative care, comfort care, and pain control as important options that must be discussed with patients requesting Medical Aid in Dying.
For referral partners, this means that a patient who raises questions about MAiD should not automatically be considered ineligible for hospice or palliative care. Instead, the patient’s goals and wishes should be explored, appropriate information should be provided, and the patient’s care should continue to be based on their clinical needs and plan of care.
How Lightways Supports Patients and Referral Partners
Lightways Hospice and Serious Illness Care is committed to providing compassionate, respectful, and nonjudgmental care to patients and families navigating serious illness and end-of-life decisions.
Lightways staff can explain Lightways’ policy, and provide information about appropriate outside resources. A patient’s interest in or pursuit of MAID does not, by itself, result in a reduction, alteration or denial of appropriate hospice services.
However, Lightways does not participate in the Medical Aid-in-Dying process while acting in its organizational capacity. Lightways employees and contracted clinicians may not serve as the attending or consulting physician for MAiD through Lightways, determine eligibility or capacity for purposes of the law, obtain or prepare MAiD medication, administer or assist with administration of the medication, witness a patient’s written MAiD request, or otherwise participate in the MAID process on behalf of the organization.
Medical Aid in Dying and the Lightways Inpatient Unit
The Lightways Hospice Inpatient Unit provides compassionate hospice care, symptom management and support for patients and families.
Because of applicable federal requirements governing the use of federal funds, including Medicare and Medicaid funding, MAiD medication may not be self-administered in the Lightways Hospice Inpatient Unit. Lightways staff cannot administer or assist with the administration or ingestion of MAiD medication.
A patient who wishes to pursue self-administration of MAiD medication must make arrangements to leave the Lightways Inpatient Unit before self-administration occurs. Lightways can continue to support appropriate discharge and continuity-of-care planning while remaining within the organization’s role and legal requirements.
What Should Referral Partners Do When a Patient Raises the Topic?
Healthcare professionals may encounter patients who have questions about Medical Aid in Dying but do not know where to begin.
A helpful response is to listen without judgment and determine what information the patient is seeking. Patients should be encouraged to discuss their wishes directly with their attending physician or another physician who participates in the MAiD process.
Referral partners should also remember that a request for information about MAiD is not, by itself, an indication of suicidal intent or evidence that a patient is no longer eligible for hospice care. The Illinois law establishes a specific end-of-life medical process for qualifying terminally ill adults.
For patients receiving Lightways services, our team can help patients and families understand what Lightways can and cannot provide, continue appropriate hospice or palliative care, and help coordinate care within the boundaries of our policy.
Planning Ahead Can Help
For patients with a serious or terminal illness, conversations about end-of-life wishes are important regardless of whether medical aid in dying is being considered.
Patients and families may benefit from discussing:
- Goals and priorities for care
- Hospice and palliative care
- Pain and symptom management
- Advance directives and healthcare decision-makers
- Preferred location of care
- Who they want involved in important decisions
- Spiritual, emotional and psychosocial support
- Family and caregiver needs
- Funeral and final arrangements
- Other personal wishes for the end of life
These conversations can help patients communicate their wishes clearly and give families and healthcare teams a better understanding of what matters most.
An Additional End-of-Life Option
Illinois’ new law provides another option for qualifying terminally ill adults while maintaining the importance of informed decision-making and comprehensive end-of-life care.
Whether a patient chooses hospice, palliative care, comfort-focused treatment, Medical Aid in Dying, or another approach, the conversation should begin with understanding the patient’s goals, providing accurate information and supporting informed choices.
At Lightways, our commitment remains the same: to provide comfort, dignity, compassion and peace of mind to patients and families facing serious illness and the end of life.
Important Information
This article is intended for general educational purposes and is not legal or medical advice. The Illinois End-of-Life Options for Terminally Ill Patients Act contains specific eligibility, documentation, timing and procedural requirements. Patients and healthcare professionals should consult the current law, applicable Illinois Department of Public Health guidance, and a qualified healthcare or legal professional for questions about an individual situation.
As Illinois implements the new law, forms, administrative guidance and other requirements may be updated. Healthcare professionals should verify that they are using the most current state-required materials and procedures.
Please see below for links to the IDPH End of Life Options for the Terminally Ill:
End of Life Options for the Terminally Ill Information for Patients