House Bill 140, introduced by now retiring Newark State Representative Paul Baumbach and supported by Senator Bryan Townsend along with a group of co-sponsors, aimed to amend Title 16 of the Delaware Code to provide end-of-life options for terminally ill patients. Despite passing the House of Representatives on April 18, 2024, the bill faced defeat in the Delaware Senate on June 20, 2024.
The bill sought to allow adult residents of Delaware with a terminal illness and a prognosis of six months or less to request and self-administer medication to end their lives in a humane and dignified manner. This would be contingent on agreement by both the attending and consulting physicians or advanced practice registered nurses (APRNs) regarding the patient’s diagnosis, prognosis, and decision-making capacity.
Proponents of House Bill 140 said it incorporated numerous procedural safeguards. It required confirmation from multiple healthcare professionals about the patient’s condition and decision-making ability, mandatory disclosures about all end-of-life care options, a psychiatrist or psychologist evaluation if there were concerns about the patient’s capacity, and a witnessed form requesting the medication. Additionally, there were waiting periods before the medication could be prescribed and instructions for the safe disposal of unused medication.
The Senate’s vote on June Thursday ended in a 9-9 tie, with one senator not voting and two absent, resulting in the bill’s defeat.