A bill to legalize medical aid in dying — commonly referred to as physician-assisted suicide — is back in Delaware’s legislature after passing last year, then being vetoed by former Gov. John Carney.
After narrowly passing in the State Senate on its second try, the bill was ultimately shutdown by Carney, who cited moral opposition to enabling anyone to take their own life.
Physician-assisted death is currently legal in 10 other states and Washington D.C.
The bill was swiftly reintroduced in the new General Assembly and went through close to two hours of debate during Wednesday’s House Health and Human Development Committee hearing.
The legislation would allow a terminally ill adult to self-administer medication to end their life after making two verbal and one written request — a guardian or surrogate healthcare decision maker cannot make the request on the adult’s behalf.
Two physicians or advanced practice registered nurses must agree on the patient's terminal diagnosis and prognosis and believe the individual has decision-making capacity before agreeing to prescribe the medication.
The bill also outlines that a mental illness or mental health condition is not a qualifying condition to request the medication and information will be provided to the qualified patient with instructions about the proper safe-keeping and disposal of unused medication.
Pushback largely came from Republicans who brought up concerns around safeguards and the potential to expand which patients are eligible for the medication.
State Rep. Valerie Jones-Giltner (R-Georgetown) also raised concerns about the accuracy of physicians’ abilities to accurately prognose.
She says herself and several of her constituents have had friends or family who were given six months to live and have far exceeded that expectancy.
“I have received a plethora of emails against this, so I'm not just taking my personal clinician opinion and my faith-based opinion, but I'm taking that of all of my constituents in this," Jones-Giltner said.
Toward the end of the hearing, State Rep. Kendra Johnson (D-Bear) questioned the length of the debate, reiterating the bill’s previous success.
“If we already knew that it was a good piece of legislation that people wanted, regardless of how we feel about it, I'm a little conflicted as to everything that I hear right now," Johnson said.
The committee also heard two conflicting testimonies from licensed physicians.
The bill's sponsor, State Rep. Eric Morrison (D-Glasgow) brought forward Dr. Diana Barnard, a Vermont clinician who regularly prescribes aid in dying medication, to speak in favor of the legislation.
"In Vermont, where medical aid in dying has been legal for eleven years, the health department has testified that we have not had a single complaint," Barnard said. "Medical aid in dying offers immense comfort at a profoundly private time."
Jones-Giltner brought forward forensic psychiatrist Dr. Neil Kaye who argued most physicians are not comfortable with administering life-ending medication.
"Even most physicians who support the idea refuse to engage in this process," Kaye said. "Helping people to kill themselves should never be a part of a treatment plan. I don't want you to think I'm just against people doing this — I'm against the medical profession doing it."
The bill was voted out of committee with only Democratic support — Committee Chair Nnamdi Chukwuocha (D-Wilmington) defecting — and will now head to the full House Floor.
Gov. Matt Meyer has already expressed his commitment to signing the bill.
