DOVER, Del. — A bill allowing doctor-assisted suicide in Delaware won final passage in the state Senate on Tuesday after failing to clear that chamber last week.
The measure, which now goes to Democratic Gov. John Carney, passed on an 11-10 vote after the Democrat-led Senate voted by that same margin to reconsider the legislation and rescind last week’s vote.
Sen. Kyra Hoffner, a Smyrna-area Democrat and co-sponsor of the bill, cast the deciding vote. On Thursday, after some fellow Democrats spoke passionately against the bill, she tearfully declined to vote on it.
“I’m sorry that I did not vote Thursday like I wanted to,” Hoffner said Tuesday, adding that she had time to reflect over the weekend and talk to both supporters and opponents of the bill. “It has been a very emotional weekend for me.”
Lawmakers continued to air strong sentiments for and against the bill during Tuesday’s debate.
“How more despicable can we become?” asked GOP Sen. David Lawson, of Marydel.
Senate Minority Whip Brian Pettyjohn said assisted suicide suggests that “some lives are less worth living,” and is not supported by any major medical organization.
“Our response to suffering should not be to eliminate the sufferer,” said Pettyjohn, a Georgetown Republican. Pettyjohn said no major medical organization supports assisted-suicide.
Democrat Majority Leader Brian Townsend, of Newark, countered that assisted suicide is not about “eliminating” terminally ill patients, but “empowering” them. He also noted that the American Medical Association has taken a “neutral” position on assisted suicide, which has become a divisive issue within that organization, and that the Delaware Nurses Association supports the legislation.
As he did last week, Townsend noted that the vast majority of doctor-assisted suicides in other states involve people who are under hospice care. Currently, only 10 states, along with the District of Columbia, have laws legalizing doctor-assisted suicide.
There have been no documented cases of abuse or coercion involving doctor-assisted suicide since Oregon became the first state to allow it in 1997, according to Compassion & Choices, an advocacy group.
The Delaware bill passed each chamber of the General Assembly with only the bare majority of votes needed for passage. It is the latest iteration of legislation repeatedly introduced by Newark Democrat Rep. Paul Baumbach since 2015, and the only version to make it to a floor vote.
“This is an issue about allowing adults facing a terminal illness to make critical decisions about their last days,” Baumbach said in a statement released after Tuesday’s vote.
The legislation allows an adult resident of Delaware who is diagnosed with a terminal illness and expected to die within six months to request lethal prescription drugs from a doctor or advanced practice registered nurse who has primary responsibility for the terminal illness. A consulting physician or nurse would have to confirm the diagnosis and prognosis of the patient, who must have “decision-making capacity.”
The patient would have to be evaluated by a psychiatrist or a psychologist if any of the medical professionals was concerned that the patient lacks decision-making capacity. A person also would not qualify for doctor-assisted suicide solely because of age or disability.
The patient would have to make two oral requests for a lethal prescription, followed by a written request, and would have to wait at least 15 days after the initial request before receiving and self-administering the drugs. The attending doctor or nurse would have to wait at least 48 hours after the written request, which must be signed by two witnesses, before prescribing the drugs.
Delaware lawmakers have recently approved a bill that allows for doctor-assisted suicide, making it the 11th state in the United States to legalize this controversial practice. The bill, known as the End of Life Options Act, passed in the state Senate with a vote of 14-7 and in the House with a vote of 24-17.
Under the new law, terminally ill patients who have been given a prognosis of six months or less to live can request medication from their doctor to end their own life. The patient must be deemed mentally competent and able to make an informed decision about their end-of-life care. The process involves multiple requests and waiting periods to ensure that the decision is well-considered and not made impulsively.
Supporters of the bill argue that it gives terminally ill patients the option to die on their own terms, avoiding unnecessary suffering and maintaining control over their own bodies. They believe that individuals should have the right to make decisions about their own lives, including when and how they will die.
Opponents of doctor-assisted suicide, however, raise concerns about the potential for abuse and coercion, as well as the ethical implications of allowing doctors to help end a patient’s life. They worry that vulnerable individuals, such as those with disabilities or mental health issues, may feel pressured to choose death over life.
Despite these concerns, the bill includes safeguards to protect patients from abuse and ensure that their decision is voluntary. Doctors are not required to participate in assisted suicide if it goes against their beliefs, and patients must make multiple requests for the medication over a period of time to ensure that they are making an informed decision.
Delaware joins a growing number of states that have legalized doctor-assisted suicide, including Oregon, Washington, California, and Vermont. The issue remains controversial and divisive, with strong opinions on both sides of the debate.
As the End of Life Options Act goes into effect in Delaware, it will be important for healthcare providers, patients, and families to have open and honest conversations about end-of-life care and the options available to terminally ill individuals. Ultimately, the decision to pursue doctor-assisted suicide is a deeply personal one that should be made with careful consideration and respect for the individual’s wishes.
