HB140 Medical Aid in Dying Bill passes

HB 140 Medical Aid in Dying legislation passed in the Delaware Senate today which means the next step is to Governor Matt Meyer for his signature, making this bill an Act.   House Bill 140, which has been debated in the Delaware Legislature for  10 years, would provide mentally capable adults in Delaware that have received a prognosis of six months or less to live, the choice to end their life through self-administered medication.  “House Bill 140 is about honoring the autonomy and humanity of those facing unimaginable suffering from terminal illness,” said primary sponsor Sen. Bryan Townsend. “This legislation ensures that Delawareans, in consultation with trusted medical professionals, have the option to choose a peaceful and compassionate end – one that reflects their values and preserves their dignity. This legislation exists due to the courage of patients, family members, and advocates who have shared deeply personal stories of love, loss, and suffering. 

The bill’s language incorporates several provisions that ensure a patient’s choice to end his or her life is made independently and free of coercion:

• The attending qualified medical provider must inform the patient that they can change their mind at any time and must directly offer the patient the opportunity to do so.
• The patient must receive a second medical opinion confirming the terminal diagnosis, qualifying prognosis, and the patient’s capacity to make an independent and informed medical decision.
• If either medical provider suspects that the patient does not have decision making capacity, the patient will be required to undergo an additional mental health evaluation with a medical professional.
• Patients requesting medical aid in dying must submit two oral requests and a written request, which must be witnessed by at least two people who attest the patient is capable, acting voluntarily, and not being coerced or unduly influenced. At least one of the two witnesses can not be a family member or a beneficiary of the patient’s estate.
• Advanced age, disability, mental illness, and chronic health conditions do not qualify a patient for medical aid in dying.

House prime sponsor, Rep. Eric Morrison stated “I want to thank my colleagues in the Senate for voting to pass HB 140 today, and of course, former Representative Baumbach and the wonderful advocates with whom he 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. 

If signed, Delaware will become one of 11 states to legalize medical aid in dying.   Nurse Practitioners will have the option to provide End of Life Care Medications to their patients or not. Regulations for Nurse Practitioners to deliver End of Life Care treatment for patients if they choose to do this will be develop over the next year and NPs will receive more information and education on this topic. 

Many DCNP members have contacted their legislators about this bill over the last 10 years.  Thank you to each of you who stood up to contact your legislators to have your voice heard.  When NPs work together and speak up to help their patients, important things get done.