DOVER – Cognizant adults experiencing the final stages of a terminal illness would have the option of seeking medical assistance to end their pain and suffering in a humane, dignified manner under legislation the Delaware Senate sent to Governor John Carney on Tuesday.
Sponsored by Rep. Paul Baumbach and Senate Majority Leader Bryan Townsend in May, House Bill 140 would make Delaware the 12th jurisdiction in the United States to grant certain terminally ill patients a right to legally obtain medications from their physician to be used in determining the timing of their own passing.
“Respecting human life means respecting the rights of adults to make informed decisions about their own bodies, including when to work with a healthcare provider to end their suffering from a horrible and irreversible terminal illness,” Sen. Townsend said.
“Rep. Baumbach has worked on this legislation diligently and in good faith for over a decade, and he has taken great care to make sure HB 140 provides strong safeguards and protections to restrict eligibility to a narrow population of Delawareans who would suffer needlessly without the compassionate relief this bill provides,” he said. “I want to thank my Senate colleagues who voted with mercy and grace today to give Delawareans agency over the final moments of their lives.”
If signed into law by Governor Carney, Delaware’s medical-aid-in-dying law would only be available to adult state residents diagnosed with an incurable and irreversible disease, illness or condition who has been given a prognosis of six months or less to live by at least two medical professionals.
Advanced age, disability, mental illness, or chronic health conditions would not be qualifying factors for eligibility in Delaware’s medical-aid-in-dying program.
Among the many safeguards included in HB 140, a terminally ill patient would be required to demonstrate an ability to understand and appreciate the nature and consequences of their decision, including through the determination of a licensed psychiatrist or psychologist.
The bill also creates multiple requirements for medical professionals to determine that the patient is capable, acting voluntarily and not being coerced or unduly influenced, while also requiring attending physicians and nurses to repeatedly inform patients that they can change their minds at any time. Attending physicians or nurses also would be required to present all end-of-life options to a patient, including comfort care, palliative care, hospice care and pain control.
A terminally ill patient would be required to make two oral requests for medical-aid-in-dying medication and one written request that must be witnessed by at least two people who are not family members or stand to inherit any portion of a patient’s estate.
HB 140 would forbid a family member or caretaker from requesting medication on behalf of a terminally ill patient, while requiring a terminally ill patient to voluntarily self-administer the prescribed medication.
HB 140 marks the fifth iteration of medical-aid-in-dying legislation that Rep. Baumbach has sponsored since being elected to the Delaware House in 2012. Following the bill’s release from the Senate Executive Committee, Rep. Baumbach announced he will not seek re-election to a seventh term.
HB 140 is also known as The Ron Silverio/Heather Block End-of-Life Options Law in honor of two terminally ill advocates for medical aid in dying who passed away while waiting for the Delaware General Assembly to provide them with legal end-of-life options.
“This is an issue about allowing adults facing a terminal illness to make critical decisions about their last days. Many people in the last stages of life wish to make their own choices regarding their life and their suffering,” Rep. Baumbach said.
“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,” he said. “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. I want to thank Sen. Townsend and my colleagues in the Senate for voting to advance this legislation and standing up for the rights and wishes of those nearing the end of their life.”
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