New Mexico House of Representatives Passes End-of-Life Options Act

The bill, approved by a vote of 39-27, now moves to the Senate where, if it passes, will become law.

Feb 24, 2021

New Mexico’s Elizabeth Whitefield End of Life Options Act passed the full House floor vote earlier this month, a landmark achievement after years of effort. The bill now moves to the Senate for two committee hearings and, hopefully, to a full Senate floor vote before heading to the governor's desk for her signature. 

The passage is a massive step forward for terminally ill New Mexicans, and Compassion & Choices Action Network is pulling out all the stops by organizing volunteer calls to legislators and focusing on undecided senators.

This is the first time the full House of Representatives has held a floor vote on a medical aid-in-dying bill. In 2019, the legislation cleared the House Health & Human Services Committee, House Judiciary Committee and Senate Public Affairs Committee, but neither the full House nor the Senate heard it.

Rep. Debbie Armstrong, the primary sponsor of HB 47, has worked for years to make medical aid in dying an option for terminally ill New Mexicans. She opened up the floor debate by speaking about her father-in-law, who suffered excruciating pain before his death from cancer. She also recalled the death of Patty Jennings, wife of former New Mexico Senator Tim Jennings, who died in 2009 of stage 4 breast cancer that spread to her brain. 

Armstrong held back tears as she spoke of her daughter Erin, who was first diagnosed with childhood-onset metastatic thyroid cancer 20 years ago. She said the legislation has become more personal to her since her daughter’s aggressive cancer returned in 2019, spreading to her bones, lungs, liver and brain.  

“My daughter is fighting very hard to live, just like Patty,” said Armstrong. “We don’t know how long she has to live … . People that I talk to throughout the state don’t want to die in pain. They want to gather their friends, family and take medication to go to sleep and peacefully pass away. I dread that day that my daughter dies but I dread the suffering even more.”

The COVID-19 pandemic did not deter New Mexicans throughout the state from participating in the virtual hearings before the House of Representatives this month. One-by-one, they shared emotionally painful stories about their terminally ill loved ones’ suffering before their deaths. 

“The House of Representatives’ approval of this compassionate legislation is a major milestone for terminally ill New Mexicans who desperately need the Legislature to pass this law now before it’s too late for them,” said Elizabeth Armijo, national advocacy director for Compassion & Choices Action Network. “We are hopeful the Senate will make passing the Elizabeth Whitefield End of Life Options Act a top priority before the session ends March 20.”

Numerous organizations have endorsed New Mexico’s bill including ACLU of New Mexico and NAACP Albuquerque, whose president, Dr. Harold Bailey, said: “Now is the time for the state of New Mexico to join the District of Columbia and nine other states who have authorized medical aid-in-dying, and provide all New Mexicans equal access to this compassionate end-of-life option.” 

Track the bill’s progress on Compassion & Choices’ New Mexico webpage.