HB 140 to provide end-of-life options to terminally ill patients clears committee

DOVER – Sponsored by Rep. Eric Morrison and Senate Majority Leader Bryan Townsend, House Bill 140 (HB 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 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.

“This legislation did not appear overnight. Representative Baumbach and the wonderful advocates he worked with spent the last 10 years meeting with stakeholders, educating the public, and ensuring that HB 140 would be able to meet the needs of those it intended to serve, while also containing all of the necessary safeguards,” said Rep. Eric Morrison, the House prime sponsor of HB 140.

The bill mirrors legislation championed by recently retired 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.

“Today’s release of HB 140 by the committee highlights the strength of this overdue law. I thank Rep Morrison, Senator Townsend, and Governor Meyer for their leadership on HB 140. The long path for this bill has led to inexcusable, avoidable pain and suffering for too many Delawareans in their final days,” Baumbach said.

“Today the House Health Committee has declared an end to this government-mandated suffering. I look forward to the swift passage of HB 140 into law.”

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.

“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.

“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 now heads to the House chamber for a full vote.