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DelawareHB 140153rd General Assembly (2024–2026)House

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

Sponsored By: Eric Morrison (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 1 costs, 3 mixed.

End-of-life choice for terminally ill adults

The law lets adult Delaware residents request medication to end their lives through voluntary, conscious self-ingestion. An incurable, irreversible illness must be expected to cause death within 6 months, and patients must have decision-making capacity. Age or disability alone does not qualify; guardians, surrogates, and advance directives cannot make this choice. Patients must make two spoken requests at least 15 days apart and one signed, dated written request. The written request must follow the required form, or a similar form, with at least two adult witnesses. At most one witness may be a relative, heir, or treating facility employee or owner; the attending clinician cannot witness. Prescriptions require at least 15 days after the first spoken request and 48 hours after the written request. Injection, intravenous infusion, and clinician-administered euthanasia are not authorized. The law took effect upon enactment, with implementation required by final state regulations or January 1, 2026, whichever came first.

Patients keep insurance and care benefits

Healthcare providers and plans cannot deny or change otherwise available benefits because end-of-life medication is available to a terminally ill patient. They cannot pressure patients to request it or make a request a condition of care. Insurers cannot use a request or withdrawal to affect access to or rates for life, health, or accident insurance or annuities. A qualified patient's self-ingestion of the medication does not invalidate any part of those policies.

Providers can decline end-of-life medication requests

Doctors and advanced practice registered nurses can decline to participate, prescribe, or dispense this medication. Healthcare institutions can ban prescribing or dispensing on their premises. Institutions must tell healthcare providers and the public about these policies. These choices can limit where patients seek the service.

Patients keep control and legal protections

You can withdraw your request at any time, regardless of your mental state. Clinicians must offer that chance at the second spoken request and before issuing a prescription. Without a prescription, the first spoken request expires after 1 year, and the request process must restart. Qualifying requests, prescribing, dispensing, and self-ingestion are not legally classified as elder abuse, suicide, assisted suicide, homicide, or euthanasia. A request or medication alone cannot establish neglect or elder abuse, justify guardianship, or justify forced mental health treatment. Contract, will, or agreement terms that affect your ability to request or withdraw are invalid. Making or withdrawing a request cannot change obligations under an existing contract.

Medical checks protect and limit access

Attending doctors or advanced practice registered nurses must check eligibility, residency, decision-making capacity, and whether the choice is voluntary. Residency proof can include Delaware identification, voter registration, property ownership or lease records, or the most recent resident tax return. Clinicians must explain the diagnosis, prognosis, risks, expected results, alternatives, and right to withdraw the request. A second doctor or advanced practice registered nurse must evaluate the patient and records and provide written confirmation of eligibility. Doubts about capacity require a psychiatrist or psychologist's written evaluation; patients found to lack capacity cannot receive a prescription. Clinicians must record the evaluations, request dates, completed safeguards, and medications prescribed or dispensed. The attending clinician can dispense directly with a current federal controlled-substance certificate and compliance with applicable rules, or prescribe through a licensed pharmacist. Medication can go to the patient, attending clinician, or a designated recipient; medicines to reduce discomfort can also be included. Clinicians or pharmacists must explain safe storage and disposal, including federally recommended options for unused medication. Delaware's health department must create rules, forms, and protocols, require prescribing and dispensing reports, and publish annual statistics. It may review records and use prescription-monitoring data with privacy protections; collected records remain nonpublic except as otherwise allowed by law. The department can share suspected violations with professional regulators and coordinate education, investigations, and enforcement with state licensing officials.

Good-faith participants gain legal protection

People acting in good faith under this law and accepted healthcare standards receive civil, criminal, and professional disciplinary immunity. Covered conduct includes prescribing, dispensing, refusing either, providing information, and being present when a patient takes the medication. The protection does not cover negligence, recklessness, or intentional misconduct.

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

Passed (SM required)

Yes: 21 • No: 17

Actions Timeline

  1. Signed by Governor

    5/20/2025Governor

  2. Passed By Senate. Votes: 11 YES 8 NO 2 ABSENT

    4/17/2025Senate

  3. Amendment SA 2 to HB 140 - Defeated By Senate. Votes: 5 YES 14 NO 2 ABSENT

    4/17/2025Senate

  4. Amendment SA 1 to HB 140 - Defeated By Senate. Votes: 5 YES 13 NO 3 ABSENT

    4/17/2025Senate

  5. Amendment SA 2 to HB 140 - Introduced and Placed With Bill

    4/17/2025House

  6. Amendment SA 1 to HB 140 - Introduced and Placed With Bill

    4/17/2025House

  7. Reported Out of Committee (Executive) in Senate with 2 Favorable, 3 On Its Merits

    4/9/2025Senate

  8. Assigned to Executive Committee in Senate

    3/18/2025Senate

  9. Passed By House. Votes: 21 YES 17 NO 3 ABSENT

    3/18/2025House

  10. Reported Out of Committee (Health & Human Development) in House with 5 Favorable, 3 On Its Merits, 1 Unfavorable

    1/29/2025House

  11. Introduced and Assigned to Health & Human Development Committee in House

    12/19/2024House

Bill Text

  • Current

    12/19/2024

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