DelawareHB 140153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO END OF LIFE OPTIONS.

Sponsored By: Eric Morrison (Democratic)

Signed by Governor

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

6 provisions identified: 4 benefits, 0 costs, 2 mixed.

Who qualifies for aid-in-dying medication

Adults who live in Delaware and have decision-making capacity can request medication to end their life if they have a terminal illness expected to cause death within six months. You must make the request yourself. Your attending and a consulting clinician must confirm your diagnosis, capacity, and that your choice is voluntary. You must show Delaware residency, such as a state ID, voter card, lease or deed, or a Delaware resident tax return.

Safety checks and counseling before prescribing

Your clinician must explain your diagnosis, six-month prognosis, the risks and result of the medicine, and other options like hospice and palliative care. They must speak with you alone to check for pressure and document it. A second doctor or nurse practitioner must confirm in writing that you meet the law’s rules. If any clinician doubts your decision-making capacity, a psychiatrist or psychologist must evaluate you; if you lack capacity, no prescription is allowed. Your clinician must also counsel you about telling family, having someone present, keeping the medicine secure, proper disposal, and not taking it in public.

How to request the medication and timing

You must make two oral requests and one written request. The second oral request must be at least 15 days after the first. Your written request must be signed and dated and witnessed by two adults; your attending cannot be a witness, and only one witness can be a relative, beneficiary, or facility worker. Your clinician cannot prescribe until at least 15 days after your first oral request and 48 hours after your written one; your first oral request expires after one year if no prescription is issued. You may cancel at any time, and your clinician must offer you a chance to cancel before prescribing.

Insurance protections and provider opt-out rules

Actions under this law are not suicide, homicide, euthanasia, or elder abuse. Your life, health, accident, or annuity insurance cannot be canceled, denied, or changed because you make or cancel a request or self-administer the medicine. Providers who act in good faith get civil, criminal, and professional immunity. Health-care institutions can ban prescribing on their premises if they notify staff and the public, and individual clinicians can refuse to participate. This protects patients and providers but may limit access at some locations.

How prescriptions are given and recorded

Before writing a prescription, your attending must finish all steps and record key facts in your medical record, including your prognosis, capacity, request dates, and whether medicine was dispensed or prescribed. The attending may dispense directly if they have a current DEA registration and follow rules, or they may send a written prescription to a pharmacist. A pharmacist may give it to you, your attending, or a person you name, in person or by mail with a required signature.

State oversight and when the law starts

The health department sets rules, collects reports from prescribing or dispensing providers, may review records, and shares suspected noncompliance with the professional regulator. It publishes a yearly public statistical report; case details stay nonpublic. The state drug monitoring office may share report data, including on Medicaid recipients, to support oversight. The law is in effect now, and the program starts when final rules are issued or by January 1, 2026, whichever comes first.

Sponsors & Cosponsors

Sponsor

Eric Morrison
Democratic • House

Cosponsors

Frank Burns
Democratic • House
Mara Gorman
Democratic • House
Stephanie L. Hansen
Democratic • Senate
Kyra L. Hoffner
Democratic • Senate
Russell Huxtable
Democratic • Senate
Kendra Johnson
Democratic • House
Kimberly Williams
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Sean M. Lynn
Democratic • House
Melissa Minor-Brown
Democratic • House
DeShanna U Neal
Democratic • House
Edward S. Osienski
Democratic • House
Cyndie Romer
Democratic • House
Melanie Ross Levin
Democratic • House
Claire Snyder-Hall
Democratic • House
David P. Sokola
Democratic • Senate
Bryan Townsend
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 32 • No: 25

Senate vote • 4/17/2025

Passed (SM required)

Yes: 11 • No: 8

House vote • 3/18/2025