End-of-life option bill returns for new session

Rising out of the ashes of its defeated twin, a resurrected bill that would allow mentally sound adults who are terminally ill to end their own life has been filed for the upcoming session. 

House Bill 140, sponsored by Rep. Eric Morrison, D-Glasgow, and Senate Majority Leader Bryan Townsend, D-Newark, 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 copies the work of former Rep. Paul Baumbach, D-Newark, who worked on the issue for years. In 2015, Baumbach first introduced the Death with Dignity Bill, which never made it out of committee. In 2017, Baumbach’s End of Life Options Act never made it to the House floor for a vote. He introduced House Bill 140 at the end of the legislative session in 2021, but the bill had no movement in 2022. It moved out of committee in May 2023, but sat dormant until April 2024, when the House passed it 21-16 with four absent. It was called the Ron Silverio/Heather Block End of Life Options Law. 

Block was a Lewes resident who lobbied for the bill after she was diagnosed with terminal breast cancer, which took her life in 2018. 

In the Senate, the bill’s first vote failed, but it passed a few days later June 25 in a tight 11-10 vote. After a summer of wondering about the bill’s fate, Gov. John Carney vetoed the bill Sept. 20, and with little chance of gaining the necessary three-fifths vote to override the veto, the bill was defeated.

“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,” Morrison said in a press release. “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.”

Much like the previous bill, the latest one includes a list of safeguards before a terminally ill person could self-administer medication to end their life.

These include: 

• 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, 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 – not family members – who attest the individual is capable, acting voluntarily and not being coerced or unduly influenced.

Under HB 140, advanced age, disability, mental illness and chronic health conditions would not be qualifying factors for medical aid in dying.

If passed and signed into law, Delaware would become the 11th state where medical aid in dying is legal.

“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,” Townsend said in a press release. “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 Rep. 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. The General Assembly will convene Tuesday, Jan. 14.