Legislation to legalize medical aid in dying heads to the State Senate for a final vote, where it has faced hurdles once before.
Although efforts to legalize medical aid in dying have persisted for over a decade, a bill passed both chambers in the General Assembly for the first time last year.
The legislation narrowly cleared the Senate, requiring a special procedure to bring it up for a second vote after failing on its first go-round, only to be vetoed by former Gov. John Carney months later.
The legislation was reintroduced this year and cleared the House 21-17 last month.
The bill would allow a terminally ill adult with no more than a six-month death prognosis 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.
Both the individual's attending physician or attending advanced practice registered nurse (APRN) and a consulting physician or consulting APRN must confirm that the individual has a terminal illness and a prognosis of 6 months or less to live, has decision-making capacity, is making an informed decision and is acting voluntarily.
Additionally, the individual must be evaluated by a psychiatrist or a psychologist if either the attending or consulting physicians or APRNs are concerned that the individual lacks decision-making capacity.
Physician-assisted death is currently legal in 10 other states and Washington D.C.
In lieu of the standard initial line of questioning between committee members and the bill's sponsor, Sen. Majority Leader Bryan Townsend (D-Newark), lawmakers deferred largely to expert witnesses and public testimony during Wednesday's Senate Executive Committee Hearing.
40 members of the public took advantage of potentially their last time to speak on the bill during its final hearing, constituting nearly two hours worth of comments.
21 commenters spoke in opposition of the bill while 19 spoke in favor — among those in support was former State Rep. Paul Baumbach.
Baumbach was the bill’s primary sponsor before his retirement last year, and he urged his former colleagues to pass the legislation once and for all.
“These laws, including the one in New Jersey, institute safeguards proven over decades to ensure proper administration. Whether you die with uncontrollable suffering should not be based on your zip code. Delaware residents deserve the same end of life options as New Jersey residents," Baumbach said.
Sen. Minority Whip Brian Pettyjohn (R-Georgetown) brought forward Dr. Neil Kaye of Hockessin, a physician and past president of the Psychiatric Society of Delaware, to speak on the bill.
Dr. Kaye noted the American Medical Association (AMA), American Psychiatric Association (APA), American College of Physicians (ACP) and National Hospice and Palliative Care Organization all oppose medical aid in dying.
In his comments, Dr. Kaye also said the American Academy of Family Physicians and the American Academy of Hospice and Palliative Medicine are also opposed to the legislation, although both organizations have adopted varied stances of neutrality.
Dr. James Ruether of Newark, speaking on behalf of the American College of Physicians, expressed sentiments similar to the various healthcare providers who came to speak in opposition of the bill: “The ACP believes that no physician should act, whether as the agent or as an assistant, to cause the death of any patient, and assisted suicide is no exception.”
Delaware Nurses Association Executive Director Christopher Otto noted his organization's support for the bill.
"Denying patients access to this option is determining the quality of life for them at the end of their life, and that is not in the position of nurses to be in the way of patients advocating for access to care," Otto said.
There was a relatively equal divide of members of the public who relayed stories of terminally ill loved ones who wished they would have had access to end-of-life options, as well as those who were grateful end-of-life options were not available when they or their family members surpassed their initial death prognoses.
At the end of public comment, Sen. Minority Leader Gerald Hocker (R-Ocean View) made a motion to table the bill to allow for further research on the subject, but his effort failed.
The bill was voted out of committee and now awaits a full vote on the Senate Floor.
Last year, after ultimately receiving a yes vote from State Sen. Kyra Hoffner (D-Leipsic) following her initial abstention, all six Republican senators and four Democratic senators, including State Sen. Nicole Poore (D-South New Castle), State Sen. Spiros Mantzavinos (D-Elsemere), State Sen. Darius Brown (D-New Castle) and State Sen. Jack Walsh (D-Stanton) voted in opposition of the bill. It passed with a final tally of 11-10.
If the same senators remain in opposition this time around, freshman lawmakers State Sen. Dan Cruce (D-Wilmington) and State Sen. Ray Seigfried (D-North Brandywine) will need to be yes votes in order for the legislation to make it to Gov. Matt Meyer's desk.
Gov. Meyer has previously pledged he would sign the bill.
