House Bill 140, which would legalize physician-assisted suicide for Delaware residents facing a terminal illness, was released from the state Senate Executive Committee on June 12 after a hearing that included emotional testimony.
Delaware Senate committees do not hold a public vote on bills; HB 140 was reported out of committee with one favorable recommendation and four members voting on its merits, according to the General Assembly website.
It has been placed on the Senate “ready list” and could be considered by the full body at any point before the end of the legislative session, which runs through June 30. The General Assembly meets Tuesdays through Thursdays.
Should it pass, HB 140 would be sent to Gov. John Carney, who could sign it, veto it or let it become law without his signature. In the past, Carney has stated his opposition to assisted suicide.
Dozens of people spoke during public comment, either as individuals or on behalf of an organization. One was Joe Fitzgerald, a lobbyist for the Diocese of Wilmington, who noted the Catholic Church’s opposition to assisted suicide.
“The position of the church on this issue is well-established and known to all present here today,” he said in written testimony. “In addition to the church’s deeply held theological convictions on this question, we have profound concerns about this legislation which are shared by many secular organizations and citizens of all faiths, and many who do not practice a faith, who oppose this legislation.”
Participation by physicians in medical aid in dying is a violation of medical ethics, he wrote, a concern shared by various medical groups, including the American Medical Association and the American College of Physicians. Second, “the ‘slippery slope’ is a very real concern,” Fitzgerald wrote. He said patients in Colorado suffering from anorexia nervosa, which is not terminal if treated, have been provided access to medical aid in dying. He added that studies have shown that in Oregon, there are questions about whether the progression of illnesses, including those that are typically not terminal, could be slowed with medical treatment.
Neil Kaye, a psychiatrist from Hockessin, testified in opposition to the bill. He said the majority of doctors in Delaware oppose HB 140. Kaye added that doctors “are not great prognosticators” and are often wrong about how long a patient has to live.
“Death is not a problem that can be solved with a prescription,” he said. “Helping people kill themselves is not and should never be part of a treatment plan.”
If it goes into law, it would take effect July 1, 2025. Delaware would be the 11th state to legalize assisted suicide, along with the District of Columbia. If it does not become law, the legislation would have to go through the process from the beginning since this is the end of the two-year session.
The committee is chaired by Sen. David Sokola, and Sen. Bryan Townsend is the vice chair. The other members are Democrats Elizabeth Lockman, Sarah McBride and Marie Pinkney, and Republicans Gerald Hocker and Brian Pettyjohn. Lockman, McBride and Sokola are co-sponsors of HB 140.
The legislation, sponsored by Rep. Paul Baumbach, would permit a terminally ill person to self-administer medication to end his or her life if several conditions are met. An attending physician or advanced practice registered nurse (APRN) and a consulting physician or APRN would have to agree on the diagnosis and prognosis and believe the person is making an informed decision voluntarily. No one may request medication on behalf of another individual. Mental illness or mental health is not a qualifying condition. The patient must have a prognosis of six months or shorter to live.
Baumbach cited a 2020 study that showed 72 percent of Delawareans in favor of assisted suicide. His bill, he said, would allow medical professionals to opt out of participating in the process. In addition, hospitals and medical practices can prohibit their employees from participating in physician-assisted suicide, mentioning St. Francis Hospital as an example.
Fitzgerald’s written testimony also outlined the following concerns: HB 140 does not protect the vulnerable, such as the disabled, elderly and mentally ill; it could lead to premature and avoidable deaths; and it does not give due consideration to the mental health of patients.
The list of commenters included Nandi Randolph of the Delaware Family Policy Council; Moira Sheridan of Delaware Right to Life; Danielle Pimentel of Americans United for Life; and local pro-life activists Donna Latteri and Bess McAneny.
“This legislation will be devastating for Delaware residents,” Sheridan said. “This bill makes people see themselves as burdens or financial liabilities.”
Randolph expressed concern that medical care is committed to saving lives, not ending them. She said she fears the bill would adversely affect the indigent and elderly. Pimentel said physician-assisted suicide promotes discrimination and inequality, and that it increases the rate of non-assisted suicide.
Supporters included Susan Lahaie, the widow of Ron Silverio, one of the namesakes of the legislation, and several relatives of other people who had died from cancer and other terminal conditions.
Kristin Harvey, executive director of Delaware Developmental Disabilities Council, appeared before the Executive Committee to express her opposition and said she hopes she has the opportunity to do so again because that would mean the legislation did not advance.
“Let’s focus on aid in living, not aid in dying,” she said.
In addition to comments made at the meeting, the Diocese of Wilmington reports that more than 1,600 emails were sent to members of the Senate and Carney in opposition to HB 140 after an action alert was issued by the Delaware Catholic Advocacy Network.
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