Legislation Filed in Delaware to Provide End of Life Options

December 19, 2024/Joe Ciccanti

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Terminally ill individuals in Delaware would be granted the right to choose the manner and timing of their own passing under legislation filed today. Sponsored by Representative Eric Morrison and Senate Majority Leader Bryan Townsend, House Bill 140 would allow a mentally capable, terminally ill adult Delawarean who has received a prognosis of six months or less to live, to request and obtain medication they can self-ingest to bring a peaceful end to their suffering if they choose. The bill mirrors legislation championed by former Representative Paul Baumbach in the 152nd General Assembly. While the measure cleared both the House and Senate, it was ultimately vetoed by Governor Carney. HB 140 has been assigned to the House Health & Human Development Committee.
 
Additional Information from DE House of Representatives:
 
 
“I am honored that Rep. Paul Baumbach—a terrific former colleague and a good friend—has entrusted me with seeing this legislation through to completion,” said Rep. Eric Morrison.
 
“For four years before I was elected, as an activist, I worked to pass this important legislation and I have done everything I can to champion it since I was elected in 2020. HB 140 is supported by over 70% of Delawareans and establishing end-of-life options is the correct, compassionate thing to do.”
 
The bill includes several core safeguards to ensure that the individual patient’s preferences, needs, and values are honored, and guide all clinical decisions, including the decision to use medical aid in dying. Under HB 140:
  • The attending qualified provider would be required to inform the terminally ill adult requesting medical aid in dying that they can change their mind at any time. 
  • The attending qualified provider would be required to offer the individual an opportunity to rescind their request. 
  • A consulting qualified provider must confirm the terminal diagnosis, prognosis of six months or less to live, and the patient’s ability to make an informed healthcare decision before an attending medical provider can write a prescription. 
  • If either the attending or consulting qualified provider suspects the patient has any condition that may be impairing their ability to make a rational informed healthcare decision, then the individual would be required to undergo an additional mental capacity evaluation with a mental health professional. 
  • A terminally ill individual would be required to submit a written request, which must be witnessed by at least two people who attest the individual is capable, acting voluntarily, and not being coerced or unduly influenced.
 
Similar to the witness requirements for advance directives, HB 140 requires one of the two witnesses not be a family member or person who stands to inherit any portion of the terminally ill individual’s estate.
 
Under HB 140, advanced age, disability, mental illness, and chronic health conditions would not be qualifying factors for medical aid in dying.
 
Currently, medical aid in dying is legal in 10 U.S. states. A 2020 poll found that 72% of Delaware voters surveyed supported legislation that would give terminally ill patients with decision-making capacity the right to take medication to end their own lives.
 
“Respecting people’s personal liberties and choices means honoring the right of adults to make informed decisions about their own bodies, including the choice to seek compassionate care when facing a terminal illness that causes unbearable and irreversible suffering,” said Senate Majority Leader Bryan Townsend, the Senate prime sponsor of HB 140
 
“No Delawarean should be forced to endure needless suffering when there is a compassionate, dignified option available. That’s why I’m grateful to work alongside my colleague, Rep. Eric Morrison, in advancing this crucial legislation, which stands on the foundation laid through the tireless, decade-long efforts of former Representative Paul Baumbach. 
 
“With this legislation, Delawareans will finally have access to end-of-life options that offer dignity and compassion. I look forward to seeing this bill become law, bringing greater comfort and peace of mind to Delaware families in their most difficult moments.”
 
HB 140 has been assigned to the House Health & Human Development Committee.
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