DelawareSB 274153rd General Assembly (2024–2026)Senate

AN ACT TO AMEND TITLE 16 AND TITLE 21 OF THE DELAWARE CODE RELATING TO DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT.

Sponsored By: Marie Pinkney (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

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

Care orders qualify for ID designations

A Delaware driver license or ID card’s medical-condition designation can reflect an advance health-care directive or POLST medical order. Out-of-state orders also count if effective under Delaware’s advance-directive or POLST chapter. The law took effect immediately. Implementation occurs at the earlier of notice of final regulations or six months after enactment.

Clearer rules for patients’ care orders

A POLST medical order must record your care choices and explain its effects in plain language. You must sign voluntarily after talking with a health-care practitioner; the practitioner must also sign and date it. If the practitioner is absent when you or your representative signs, the person present must also sign. Adults are presumed able to decide; a finding otherwise requires a current examination, professional standards, and the practitioner’s legal scope. An authorized representative can sign only after the practitioner records that you lack decision-making capacity in your medical record.

Patients keep valid earlier care orders

Delaware renames its portable treatment orders from DMOST to POLST without canceling valid existing forms. Earlier forms remain valid if they meet Delaware’s current chapter or met the issuing state’s law when created. Delaware also accepts out-of-state orders meeting Delaware’s rules, the issuing state’s rules, or the patient’s home-state rules when signed. The chapter covers forms signed before, on, or after the law’s effective date. The law took effect immediately; implementation occurs at the earlier of final-regulation notice in the Delaware Register of Regulations or six months after enactment.

Representatives can request patients’ care changes

After a patient loses decision-making capacity, an authorized representative can ask to change or cancel the POLST medical order. The representative can also ask for different treatment. The representative must first consult the patient’s health-care practitioner and consider the change necessary for the patient’s health or care goals. The law allows a request but does not require the practitioner to grant it.

Sponsors & Cosponsors

Sponsor

Marie Pinkney
Democratic • Senate

Cosponsors

Kamela T Smith
Democratic • House
Larry Lambert
Democratic • House
Eric Morrison
Democratic • House
Claire Snyder-Hall
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 58 • No: 1

House vote • 6/24/2026

Passed (SM required)

Yes: 37 • No: 1

Senate vote • 5/12/2026