09/24/2025
Good morning, Paddy,
I'm writing to clarify how the amendment to the waiting periods will work, beginning on Sep 24:
First, subsections 11 (oral and written requests) and 13 (waiting periods) of the law were combined, and the new language will appear under subsection 11.
For a patient NOT receiving a time waiver, the law works as it always has, as you can see in the first part of the new subsection 11:
11. Written and oral requests; waiting periods. To receive a prescription for medication that the qualified patient may self-administer under this Act, a qualified patient must make 2 oral requests, at least 15 days apart, and a written request to the qualified patient's attending physician. At the time the qualified patient makes the qualified patient's 2nd oral request, the attending physician shall offer the qualified patient an opportunity to rescind the request. The date the qualified patient signs the written request must be no earlier than 15 days after the initial oral request. At least 48 hours must elapse between the date the qualified patient signs the written request and the writing of a prescription under this Act.
If a patient IS receiving a time waiver, the second part applies (note the plural waiting PERIODS):
The attending physician may waive a portion of the waiting periods required in this subsection if, in the attending physician's medical opinion, it is in the best interests of the qualified patient, given the qualified patient's condition, as long as the waiting period in total is no less than 7 days.
So, the receipt of the written request and the timing of the prescription will only come into play early in the waiver process:
A decision to waive on day 5 still means 2 more days of waiting. Written requests can be received on day 5, 6, or 7. Script can be written on day 7.
A decision to waive on day 6 still means 1 more day of waiting. Written request can be received immediately or on day 7. Prescription can be written on day 7.
A decision to waive on day 7 or later, written request can be received and script written on the same day.
In no case can a script be written before receipt of a written request.
Keys to keep in mind if waiving a portion of the waiting periods:
Do not receive a written request any earlier than day 5.
Do not write a prescription any earlier than day 7.
I promise Maine Death with Dignity will continue to monitor patient and provider access to the practice of aid-in-dying medicine, and we'll do everything within our power to ensure that every qualified patient seeking access is supported in that decision.
Val Lovelace, Executive Director
Maine Death with Dignity
Donate to Maine Death with Dignity
Maine Death with Dignity
PO Box 801
Wiscasset, ME 04578
