Why Should Delaware Care?
After a decade of advocacy, physician-assisted death is now legal in Delaware. The bill’s passage comes less than a year after it was vetoed by former Governor John Carney. The newly signed law, which has sparked years of contentious debate in the General Assembly, will now allow physicians to legally prescribe life-ending medication to terminally ill patients with six months or less to live.
Terminally ill Delawareans will soon have the legal right to choose how they die.
On Tuesday, Gov. Matt Meyer signed House Bill 140 into law, making Delaware the 12th state to legalize physician-assisted death. The law will go into effect on Jan. 1, 2026, or sooner if the final regulations under the act are created before then.
A few dozen advocates, legislators, and family members of those who died before the bill passed gathered in Dover to witness the bill’s signing and celebrate the end of a decade-long journey.
The Ron Silverio/Heather Block End-of-Life Options Act, named after two individuals who died while advocating for the measure, allows adults with six months or less to live to request and self-administer prescribed medication to end their lives.
Last year, a nearly identical bill was vetoed by then-Gov. John Carney after it passed both the House and Senate. Carney, a devout Catholic, said then that he was “morally opposed” to the legislation.
“We’re acknowledging today that even in the last moments of life, compassion matters. Every Delawarean should have the right to face their final chapter with peace, dignity, and control,” Meyer said in an emotional speech Tuesday morning.
Among the longtime advocates in attendance at the bill signing were Susan Lahaie, wife of Ron Silverio, and Judy Govatos, an 81-year-old Wilmington resident battling her third round of Stage 4 lymphoma.
Govatos spent her 81st birthday down at Legislative Hall to watch Meyer sign the bill, calling it “the best birthday present ever.”
Lahaie stood next to legislators and advocates who pushed to get the bill passed, while holding a picture of her late husband.
“Ron would have said that ‘terminally ill people of Delaware can now focus on living without having to worry so much about how they will die,’” Lahaie said.
‘The passing of many of the strongest advocates’
In 2015, former Rep. Paul Baumbach (D-Newark) began the conversation around end-of-life options at Legislative Hall when he first introduced legislation around the topic.
Without a single co-sponsor, Baumbach’s original bill stalled, and later versions never mustered enough backing to reach the House floor.
Since then, support among Delawareans has grown, as a statewide study found that 72% back the option referred to by advocates as medical aid in dying.
Right before his retirement, Baumbach took his fifth and last attempt at proposing the measure, which passed both chambers before Carney vetoed it.
“This past decade’s disappointments, including the passing of many of the strongest advocates, did not deter us; our resolve grew and grew and grew,” Baumbach said.
The latest version of the bill, sponsored by longtime advocate Rep. Eric Morrison (D-Glasgow), endured lengthy committee hearings where opponents warned lawmakers of inaccurate prognosis, the possibility of coercion, and a slippery slope to allowing those other than the terminally ill to take the life-ending medication.
Meanwhile, supporters, many of whom have fought for years to pass this legislation, urged lawmakers to adopt the measure, emphasizing that it would give terminally ill individuals the option to die peacefully if they chose to do so.
The bill ultimately passed both chambers with 21 House members in favor and 11 in the Senate, matching the number of favorable votes that last year’s bill received.
In the House, Democrats Nnamdi Chukwuocha, Josue Ortega, Stephanie Bolden, Debra Heffernan, and Franklin Cooke opposed the bill. Meanwhile, Spiros Mantzavinos, Nicole Poore, and Jack Walsh joined Republican senators in voting against the measure.
No federal health dollars
Individuals requesting the medication must administer the drugs to themselves, but to be approved, a doctor or advanced nurse practitioner has to confirm the person’s terminal diagnosis and a prognosis of six months or less to live.
A health care provider must also confirm that the individual can make informed decisions for themselves.
Those with a mental illness or mental health conditions do not qualify as terminal illnesses under this bill and would not be eligible for a prescription.
Individuals requesting the medication must be Delaware residents, and practitioners approving those requests must be licensed in Delaware.
The medication will cost patients between $800 and $1,200, Morrsion told Spotlight Delaware last month.
The medication cannot be purchased with Medicare and Medicaid dollars, due to a federal ban on physician-assisted deaths that Congress imposed in 1997.
With roughly 40% of Delaware residents relying on Medicaid or Medicare, the cost of the medication could pose a financial barrier for some.
Tim Appleton, senior campaign director at Compassion & Choices, said his organization is currently pushing members of Congress to remove the federal ban.
To receive the medication, which usually consists of high doses of barbiturates, a patient must make two verbal requests at least 15 days apart and then submit a written request to an attending physician or advanced practice registered nurse. A prescription can then be written 48 hours later.
Patients can opt out of taking the medication at any time, Morrison said.
The Department of Health and Social Services will be in charge of regulating the act and must complete an annual statistical report of the information they collect on the measure. The Department of State is responsible for compliance of state regulations.
The current law does not require additional training or certification for medical providers, but Morrison said DHSS may work with the Division of Professional Regulation to develop forms and protocols for health care providers.
Doctors and nurse practitioners can also seek resources from organizations, such as Compassion & Choices, a national nonprofit that has advocated for the passage of end-of-life options legislation in other states.
Kevin Díaz, interim president and CEO of Compassion & Choices, announced at the bill signing that the organization will launch a bilingual outreach campaign to educate the public and ensure eligible individuals understand how to access the medication.
Doctors and hospitals can opt out of the program, and those who agree to participate would not be subject to civil or criminal liability for assisting in the death.
During the legislative debate, the Delaware Healthcare Association, an industry group for state hospitals; the Medical Society of Delaware, an association for state doctors; and ChristianaCare, the largest health care system in the state, remained neutral on the bill.
The Delaware Nurses Association has previously expressed support for the measure.