HB 140 Summary

• Permits terminally ill adult residents of Delaware with a 6-month or less prognosis to request and self-administer medication to end their life in a humane and dignified manner if both an attending physician and consulting physician confirm the diagnosis, prognosis, decision-making capacity, informed decision, and voluntary request.

• Requires multiple safeguards including two oral requests (at least 15 days apart), a witnessed written request, psychiatric or psychological evaluation if decision-making capacity is questioned, and a 48-hour waiting period after the written request before prescription issuance.

• Prohibits third parties from making requests on behalf of patients, age or disability alone from disqualifying patients, and requires attending physicians to present all end-of-life options including comfort care, hospice care, and pain control before prescribing the medication.

• Protects patients by preventing insurance companies from denying benefits or coercing requests, allows individuals to rescind requests at any time, and lists the underlying terminal illness as the cause of death rather than suicide.

• Provides immunity from civil and criminal liability to health-care providers acting in good faith and compliance with the law, and requires the Department of Health and Social Services to collect compliance data and produce annual statistical reports.