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Where Virginia Stands on Medical Aid in Dying

February 19, 2025 Crossover Doula Comments Off

As of 2025, Virginia does not have a law permitting Medical Aid in Dying (MAID), a practice that allows terminally ill, mentally capable adults to request and self-administer medication to end their lives peacefully. While several states—including Oregon, Washington, California, and Colorado—have established legal frameworks for MAID, Virginia remains a state where the practice is prohibited. However, recent legislative efforts and shifting public discourse indicate that this issue is gaining traction.

Understanding Medical Aid in Dying

Medical Aid in Dying (MAID) is often referred to as Death with Dignity or Physician-Assisted Dying. Under these laws, a patient diagnosed with a terminal illness, typically with a prognosis of six months or less to live, can request a prescription for life-ending medication from a physician. The patient must meet strict eligibility criteria, which commonly include:

● Mental competence to make informed healthcare decisions
● A terminal diagnosis with a prognosis of six months or less
● The ability to self-administer the prescribed medication
● Multiple requests (often two oral requests and one written request)
● Waiting periods and safeguards to prevent coercion

These laws are designed to ensure that only those who are truly suffering at the end of life, and who voluntarily choose to pursue this option, can access it.

Legislative Efforts in Virginia

In 2024, Virginia lawmakers introduced two key bills addressing MAID:

● Senate Bill 280 (SB280)
● House Bill 858 (HB858)

These bills closely mirrored legislation in states where MAID is legal, aiming to provide terminally ill adults with the option to request and self-administer life-ending medication under strict guidelines.
SB280 passed in the Virginia Senate by a narrow 21-19 vote, largely along party lines. However, the bill stalled in the House and was ultimately delayed until the 2025 session, a common tactic for controversial legislation.

Key provisions of Virginia’s proposed MAID law included:

✔ Patients making two oral requests and one written request
✔ A mandatory waiting period
✔ Physicians confirming prognosis and mental competence
✔ The ability to rescind the request at any time

Despite these safeguards, opposition remains strong among some lawmakers, religious groups, and medical professionals who view MAID as unethical or worry about potential misuse.

Current Legal Status in Virginia

Since Virginia has not passed MAID legislation, assisting in a death—even at the patient’s request—remains illegal. Healthcare providers who engage in physician-assisted dying risk criminal charges and the loss of their medical licenses.

Virginia’s laws on assisted suicide prohibit anyone from knowingly aiding, advising, or encouraging another person to end their life. This includes prescribing lethal medication for the purpose of hastening death.

While palliative care and hospice remain the primary options for those facing terminal illnesses in Virginia, some residents have expressed frustration over the lack of autonomy in end-of-life decisions. Many patients who want the option of MAID must travel to states where it is legal, which can be a significant emotional and financial burden.

Arguments For MAID in Virginia

Support for MAID:

● Patient Autonomy: Many advocates argue that terminally ill patients should have the right to decide how and when they die. Just as people make choices about their medical treatment in life, they should be able to control their death.

● Reducing Suffering: While palliative care and hospice are effective for many, some patients experience unbearable suffering that cannot be alleviated. MAID provides an option for those who wish to avoid prolonged agony.

● Expanding End-of-Life Options: Advocates argue that MAID does not replace palliative care but complements it, giving patients more control over their final days.

● Public Support is Growing: Nationally, polls indicate that a majority of Americans support MAID, particularly those who have witnessed the suffering of a loved one.

What’s Next for MAID in Virginia?

The passage of SB280 in the Senate—though not yet law—signals a shift in the legislative conversation. With growing advocacy and public support, MAID is likely to remain a key issue in the 2025 legislative session.

If Virginia eventually legalizes MAID, it will likely follow the model of states like Oregon and California, implementing strict safeguards to ensure only those who meet the criteria can access it.
In the meantime, organizations like Compassion & Choices and the Death with Dignity National Center continue to advocate for Virginians’ right to choose their own end-of-life path.

For those who wish to support MAID legislation, the most effective actions include:

Contacting state legislators to express your views
Engaging in discussions about end-of-life choices
Educating others on what MAID laws do and do not allow

Conclusion

While Virginia does not currently allow Medical Aid in Dying, the conversation is evolving. Legislative efforts in 2024 have brought the issue to the forefront. With growing public awareness and advocacy, Virginia may eventually join the list of states that provide terminally ill individuals with the option to end their suffering on their own terms.

As the debate continues, it is essential for Virginians to stay informed, engage in discussions, and advocate for policies that align with their values on end-of-life care.