DOVER – Sponsored by Rep. Eric Morrison and Senate Majority Leader Bryan Townsend, House Bill 140 would allow mentally capable, adult residents of Delaware who are terminally ill, having received a prognosis of six months or left to live, to request and obtain medication they can self-ingest to bring a peaceful end to their suffering, if they so choose.
“The passage of HB 140 in the House is a huge win for the 70% of Delawareans who support end-of-life options and the advocates. But most importantly, this is a win for the terminally ill patients in Delaware who are in pain and have no hope of recovering, and want to choose how they say goodbye,” said Rep. Eric Morrison.
“We have celebrated this win before, and we know that there are more hurdles we have to overcome to see this bill become law. I look forward to seeing this bill pass swiftly through the Senate and make it to the governor’s desk.”
Under HB 140, both the individual’s attending physician or attending advanced practice registered nurse (APRN) and a consulting physician or consulting APRN must agree on the individual’s diagnosis and prognosis, and that the individual has decision-making capacity, is making an informed decision, and is acting voluntarily.
The bill mirrors legislation championed by former Rep. Paul Baumbach in the 152nd General Assembly. While the measure cleared both the House and Senate, it was ultimately vetoed by Governor John Carney in late September 2024.
“Thanks to today’s House vote, those Delawareans dying of terminal diseases are one critical step closer to having a say in their final days,” said recently retired Rep. Paul Baumbach, former prime sponsor of the bill.
“For over a decade our key supporters, like Heather Block and Ron Silverio, saw their dying wishes fall on deaf ears, including those of our last Governor. Due to ceaseless work by advocates and organizations for over a decade, we are very close to making this right the law in Delaware.”
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 and the District of Columbia.
HB 140 now heads to the Senate.