Medical aid in dying law set to go into effect Jan. 1
The new year may bring with it an end-of-life option for Delawareans.
Delaware became the 12th state to approve medically assisted suicide in May when Gov. Matt Meyer signed the Ron Silverio/Heather Block End of Life Options Bill, which is set to go into effect Thursday, Jan. 1.
The bill copied the work of former Rep. Paul Baumbach, who worked on the issue for years. In 2015, Baumbach first introduced the Death with Dignity Act, which never made it out of committee. In 2017, Baumbach’s End of Life Options Act never made it to the House floor for a vote. He introduced House Bill 140 at the end of the legislative session in 2021, but the bill had no movement in 2022. It moved out of committee in May 2023, but sat dormant until April 2024, when the House passed it 21-16 with four absent.
Block was a Lewes resident who lobbied for the bill after she was diagnosed with terminal breast cancer, which took her life in 2018.
The new law provides guidelines for a terminally ill person to self-administer medication to end their life in a humane and dignified manner. That may only be done if a physician or health professional agrees the patient is acting voluntarily and understands their decision. Safeguards in the bill include a requirement that two healthcare providers certify that a patient has a prognosis of six months or less to live, and make it a crime to coerce a terminally ill person into using medical aid in dying.
In December, Delaware Adapt, Freedom Center for Independent Living and other patient rights groups filed a lawsuit in Delaware District Court to stop the new law.
The lawsuit contends the new law does not require any evaluation, screening or treatment by a mental health professional for serious mental illness, depression or treatable suicidality, all of which are necessary for informed consent and a truly autonomous choice, before the lethal prescription is written.
The complaint asks the court to declare the law in violation of the Americans with Disabilities Act, the Rehabilitation Act, the Affordable Care Act, and the 14th Amendment’s Equal Protection Clause and Due Process Clause.
With just a few days left before the law goes into effect, a motion was made to allow Susan Boyce, Vickie George, and Compassion & Choices Action Network as intervenors on behalf of Delaware.
In making a case to the court to deny the lawsuit’s attempt to block implementation of medically assisted suicide, Boyce laid out her current health situation. She said she has a rare genetic disorder called Alpha-1 Antitrypsin Deficiency, a progressive, terminal, genetic disease. She said when she has a cold or other type of lung infection, her body cannot stop the immune response, resulting in her immune system attacking her healthy lung tissue. She said her lung function has been as low as 29%.
“[I] am deeply concerned that this important healthcare option may be taken away from me,” she wrote. “If the [law] does not go into effect as planned … the thoughtful and emotional end-of-life planning I have discussed with my medical team and my family will be compromised. I will again become more focused on the uncertainties of my death than the joy of living whatever time I have left to the fullest.”
George presented a different argument in her filing. She’s been living with multiple sclerosis since 1995, and is now a quadriplegic due to the progression of the MS.
“Based on my understanding of the [law], my disability does not automatically or presumptively qualify me for medical aid in dying,” she wrote. “I do not have a terminal illness with a prognosis of six months, so do not qualify under the act. If and when I am ever faced with medical circumstances that qualify me for medical aid in dying, I want this important healthcare option available to me.”
In response, the plaintiffs say the new law will be discriminatory.
“If the act goes into effect, a facially discriminatory, two-tiered medical scheme will be implemented. During that time, medical providers will be permitted to steer persons with life-threatening disabilities away from suicide prevention and toward suicide assistance. The death of one person is grounds enough to find the harm irreparable,” say court filings.
As of Dec. 29, the court has not ruled on a motion for a temporary restraining order to delay implementation of the medical aid in dying law.
Reporter Melissa Steele contributed to this story.
Nick Roth is the news editor. He has been with the Cape Gazette since 2012, previously covering town beats in Milton and Lewes. In addition to serving on the editorial board and handling page layout, Nick is responsible for the weekly Delaware History in Photographs feature and enjoys writing stories about the Cape Region’s history. Prior to the Cape Gazette, Nick worked for the Delmarva Media Group, including the Delaware Wave, Delaware Coast Press and Salisbury Daily Times. He also contributed to The News Journal. Originally from Boyertown, Pa., Nick attended Shippensburg University in central Pennsylvania, graduating in 2007 with a bachelor’s degree in journalism. He’s won several MDDC awards during his career for both writing and photography. In his free time, he enjoys golfing, going to the beach with his family and cheering for Philadelphia sports teams.
