DELAWARE - A new law has been proposed in Delaware to renew the push for end of life options that would allow terminally ill Delawareans to choose the manner and timing of their own passing.
According to State Representative Eric Morrison, House Bill 140 would give adult Delawareans who are mentally fit but terminally ill with a prognosis of six months or less to live the ability to request medication to ease their passing.
Earlier this year, outgoing Governor John Carney vetoed a similar bill passed by Democratic Delaware lawmakers during the previous legislative session. It is currently unclear whether Governor-elect Matt Meyer will take similar action in defying his own party or will sign the legislation should it come to his desk.
“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,” Rep. Morrison said. “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 last iteration of the bill, HB 140 includes the following safeguards:
-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.
Advanced age, disability, mental illness, and chronic health conditions would not qualify a person for medical aid in dying, according to Morrison.
Introduced on December 19, the proposed law has now been assigned to the House Health & Human Development Committee.