The Process

The End of Life Option Act (EOLOA) is very specific about the process you and your doctor must follow in order for you to receive Medical Aid in Dying (MAiD). The process starts with you making a request and ends with a pharmacy delivering the medication to you.

Patient Requirements for Eligibility

The requirements for eligibility include the following:

  • You must be a California resident who is 18 years or older.
  • You must be of sound mind and exhibit appropriate decision-making capabilities to the attending physician.
  • You must be able to self-ingest the medication either orally or by pushing through a feeding or rectal tube.
  • You must be diagnosed with a terminal disease, with a life expectancy of six months or less, by two physicians.

Residency in California can be confirmed by one of the following:

  • California driver’s license or other identification issued by the State of California.
  • Registration to vote in California.
  • Evidence that you own or lease property in California.
  • California tax return for the most recent tax year.

The MAiD Process

The MAiD process includes the following steps. EOLCCA can help you with each step along the way.

Request MAiD

The law requires you to make two separate oral requests to your attending doctor. You must wait at least 48 hours after the first request before making the second request. You must personally speak to your doctor to meet the requirements of the law. Your doctor is required to document your requests in your medical record.

If your doctor does not accept your requests, see what to do if your doctor is unwilling.

You are also required to submit a written Medical Aid in Dying request to your doctor. You must use this specific form, and have your signature witnessed by two adults who have to be present when you sign the form. The witnesses must:

  • Either know you personally or be shown proof of your identity.
  • Believe you are signing the form voluntarily.
  • Believe you are mentally competent and not being coerced.

There are rules as to who can be your witnesses:

  • Only one of the witnesses can be a family member or be in your will.
  • Only one of the witnesses can own or work for the facility in which you live.
  • Neither of the witnesses may be patients of your doctor.
  • Your doctor or other healthcare worker may not be a witness.

In other words, your witnesses cannot both be family members or both be employees of your living facility.

The written request must be given directly to your doctor, who is then required to enter it into your medical record.

Be Assessed

Your attending doctor has to complete all the following steps as part of their assessment before they are allowed to prescribe the medication. The law does not specify when or how quickly they must perform this process.

  1. Confirm you are capable of making medical decisions. If it appears you have a mental disorder, they must refer you to a mental health specialist who will make their own separate assessment of your decision-making capability.
  2. Confirm you have a terminal disease that will, within reasonable medical judgment, result in your death within 6 months.
  3. Confirm you have the ability to self-ingest the medication
  4. Confirm you are making a voluntary and informed decision by discussing with you the likely course of your disease, the risks of taking the medication, and that the result of taking the medication will be your death.
  5. Confirm you understand that even if you receive the medication you may choose not to take it, and that there alternatives to MAiD such as hospice.


Having completed their assessment, your doctor must then refer you to a consulting doctor who has to confirm you have a terminal disease and are likely to die within 6 months. The consulting doctor also has to confirm that you have the mental capacity to make this decision.

Final Confirmation

After the Request and Assessment stages have been completed, your doctor will ideally meet with you with no one else present to confirm that your request is not based on feeling coerced or being pressured by anyone.

Your doctor is also required to counsel you about:

  • Letting your next-of-kin know that you have requested MAiD. If you choose not to let your family know, that’s OK – your request must still be honored.
  • Having someone else present when you do eventually take the medication.
    NOTE: EOLCCA has trained volunteers who can be with you when you take your medication.
  • How and where to store the medication when you receive it.

Finally your doctor is required one last time to confirm you are mentally competent to make this decision. If it appears you have a mental disorder which is affecting your ability to make this decision, your doctor will refer you to a mental health specialist for assessment before writing a prescription. Your doctor will also offer you the opportunity to retract your request.

Receive the Medication

  • After completing all these steps and with your written consent, your doctor writes the prescription and has it delivered to the selected pharmacist. We advise you not to receive the medication from the pharmacy until shortly before you plan to take them to prevent the medication from expiring.
  • The pharmacist then may deliver the medication directly to you or to a person you designate. Delivery can be in person, or via mail or a delivery service like FedEx. A signature is required on delivery.
  • Ensure that the pharmacist provides instructions on how to use and store the medication. Once you have received the medication you should store it in a secure location until you are ready to take it. You are under no obligation to take it.

If the answer you seek is not here:

If the answer you seek is not here:

📞 Call us: 760-636-8009 📧 Email us: info@endoflifechoicesca.org

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