DOVER- Terminally ill individuals in Delaware would be granted the right to choose the manner and timing of their own passing under legislation the House passed on Thursday.
Sponsored by Rep. Paul Baumbach 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.
HB 140, also called the “The Ron Silverio/Heather Block End of Life Options Law,” is named in honor of two advocates who passed away without the option of end-of-life choices.
“This is an issue about allowing adults facing a terminal illness to make critical decisions about their lives. Many people in the last stages of life wish to make their own choices regarding their life and their suffering,” said Rep. Paul Baumbach.
“Sadly, Ron Silverio and Heather Block died without the option of medical aid in dying, something they both came to Dover to advocate for during their dying days. But due to their perseverance, we just took a significant step to ensure that in the future, Delawareans have the options they deserve and seek in their final days.”
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.
“The day Ron found out he had an incurable cancer he wanted to know about end of life options,” said Ron Silverio’s wife, Susan Lahaie.
“He was not as worried about dying as he was about getting there and the very real possibility of being in uncontrollable pain in the final days of his life. Ron said if I didn’t have to worry about how he would die, he could focus more on living. He advocated for this legislation right up until his death 6 years ago. I believe as humans we have a moral obligation to prevent suffering that is needless.”
Under HB 140, advanced age, disability, mental illness, and chronic health conditions would not be qualifying factors for medical aid in dying.
“We were glad to see Delaware House members do the right thing today and vote to advance HB140 to the Senate,” said Heather Pope, Senior Northeast Campaign Organizer of Compassion and Choices.
“Terminally ill Delawareans deserve this option, which is proven through years of experience in other states, like neighboring New Jersey, to be safe and work as intended. Medical aid in dying is a compassionate way to give dying people control over their final moments.”
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 human life means respecting the right of adults to make informed decisions about their bodies, including when to work with a healthcare provider to end their suffering from a horrible and irreversible terminal illness,” said Senate Majority Leader Bryan Townsend, the Senate prime sponsor of HB 140.
“Rep. Baumbach has worked on this legislation diligently and in good faith for many years, and I am confident HB 140 includes sufficient safeguards and protections,” he said. “I am thankful to my colleagues in the House for voting to move on from nearly a decade of debate and finally agree to give Delawareans dignified and compassionate end-of-life options. I look forward to bringing this legislation to a vote in the Senate.”
“The Delaware Coalition of Nurse Practitioners strongly supports House Bill 140 the end of life Options bill which allows an adult who is diagnosed with a terminal illness and expected to die within six months to request prescription drugs from a doctor or advanced practice registered nurse to end his or her life,” said Dr. Susan Conaty-Buck, Co-Director of Advocacy for the Delaware Coalition of Nurse Practitioners.
“The DCNP supports the right of the patient who has a terminal illness to choose end-of-life option. We believe the bill allows dying people to have peace of mind and comfort in a location of their choice during a difficult time. Many Nurse Practitioners believe this treatment respects patients by allowing them to assert their values and priorities as death approaches. We believe HB140 demonstrates care that protects the autonomy of the dying person and demonstrates compassion during the most difficult time in the lives of the patient and their family.”
HB 140 now heads to the Senate for consideration.
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