by Lowell Rose
News Partner 13WHAM

Rochester, N.Y. (WHAM) — A controversial bill that gives terminally ill patients the legal right to die by medication passed the New York State Legislature on Monday.

The Medical Aid in Dying Act now lies in the hands of Gov. Kathy Hochul.

“We believe that New York lawmakers are leading with love and giving dying New Yorkers the compassion and peace of mind that they deserve,” said Corinne Carey, senior campaign director for Compassion & Choices’ New York and New Jersey sectors.

The act would allow mentally competent, terminally ill adult patients the right to request and self-administer medication that would kill them.

"This law is for people who proactively want the option if and when their suffering becomes too great with a terminal illness to shorten the dying process," Carey said.

The measure was passed the New York State Senate after hours of debate.

Opponents include the Roman Catholic Diocese of Rochester and the Center for Disability Rights.

"When your choice is ‘I’m so upset about losing control of my bodily functions that I want to die’ (or) ‘I don’t want to be a burden to my family that I want to die,’ what we’re doing is we’re driving disabled people to their death," said Bruce Darling, president and CEO of Center for Disability Rights.

The center is also concerned about managed care and insurance companies making decisions that would push the terminally ill or individuals with disabilities in that direction.

“Although we recognize that there are concerns about intractable pain, there are other alternatives like palliative sedation," said Darling. "They can actually give you medication that puts you to sleep, that keeps you asleep and unconscious, so you don’t experience pain."

Under the bill, two separate physicians must certify the patient is eligible and able to self-administer the medication.

The bill also states it would not be considered a suicide or homicide, and beneficiaries of life insurance can’t be denied.

"We need to do this for people who are begging for relief at the end of their lives,” said Carey.

"What we’re trying to say is ‘No, there is a life on the other side of this. Stay with us and join us,’" Darling added.

The governor’s office said Hochul "will review the legislation" and didn’t signal a position on the bill. It passed along party lines with no Republican support and several Democrats opposing it.