Compassion & Choices advocates for end-of-life options, including medical aid in dying, for all — regardless of a person’s ZIP code. Today, 11 states (California, Colorado, Delaware, Hawai’i, Maine, Montana, New Jersey, New Mexico, Oregon, Vermont, and Washington State) plus Washington, D.C., authorize medical aid in dying for a person 18 years old or older, who is mentally capable of making medical decisions, has a prognosis of six months or less to live, and is able to self-ingest the prescribed medication. Outside of these jurisdictions, how can people who want medical aid in dying access the option?
Apart from Vermont and Oregon, which do not have residency restrictions — a direct result of Compassion & Choices’ lawsuits — every other state where medical aid in dying has been authorized via the legislative process has statutory language that limits the use of the practice to in-state residents. Terminally ill residents of other states are prohibited from accessing the medication, healthcare, and related services unless they have legally established residency.
Relocating to access medical aid in dying can be extremely burdensome for someone with a terminal illness, due to a limited timeframe, restricted mobility, the need to find a supportive healthcare team, lack of financial resources, and possibly reduced support from family and friends. According to the Oregon Health Authority 2023 Data Summary, only 23 people from out-of-state died using medical assistance in 2023 in Oregon, representing just over 6% of the total who used medical aid in dying that year.
Terminally ill people who can relocate have more options, but they may also face hurdles. They will need to find a practicing doctor in-state who is willing to prescribe the medication and a local pharmacy to fill the prescription. Anyone interested should explicitly identify a local doctor who will support a request for medical aid in dying and confirm eligibility under that state's law before beginning the process of transferring care.
In 2023, Compassion & Choices filed a federal lawsuit on behalf of two New Jersey doctors and cancer patients in Delaware and Pennsylvania asserting the residency mandate in New Jersey’s medical aid-in-dying law violates the U.S. Constitution’s guarantee of equal treatment. Currently, New Jersey allows only residents to access aid in dying, prohibiting access for non-residents.
Plaintiff Judy Govatos, who lives in neighboring Delaware, said, “I’d like not to die in terrible pain and terrible fear. Having the option to use aid-in-dying medication in my own state, when I decide to, would be an act of mercy and kindness. For now, it would be an incredible gift to be able to go to New Jersey.”
The lawsuit was brought by Jeff McComas, Dr. Barbara Morris, and Dr. Jennifer Harbert. Mr. McComas, a resident of Woodbury, Minnesota, has been diagnosed with terminal intestinal cancer. He would like the option to access medical aid in dying, which is not available in his home state. Although the Colorado End-of-Life Options Act could offer him that choice, the law’s residency requirement currently prevents him from pursuing it.
“If the pain from my disease becomes unbearable, I want the option of medical aid in dying,” said Mr. McComas. “Since I cannot die on my own terms where I live, I should have the option of traveling to Colorado to access the care there. Right now that option does not exist.”
As of August, 2025 the lawsuit is ongoing.
To determine if relocating is the right choice for you or your loved one, start by answering the following questions. These apply in all jurisdictions except Oregon and Vermont, which have removed the residency restrictions and now allow medical practitioners to help non-residents obtain medical aid-in-dying services.
If you are an attorney and want to get involved in advancing end-of-life justice:
Mail contributions directly to:
Compassion & Choices Gift Processing Center
PO Box 485
Etna, NH 03750
Compassion & Choices is a 501 C3 organization. Federal tax number: 84-1328829
