By Logan B. Anderson

DOVER — Physician-assisted suicide has passed the Delaware General Assembly.

During an emotional and at times heated debate, the state Senate approved House Bill 140 which would allow for medical aid in dying.

House Bill 140 permits a terminally ill individual who is an adult resident of Delaware to request and self-administer medication to end their life in a humane and dignified way.

To get the medication, all the patient’s attending physicians or attending advanced-practice registered nurses, as well as a consulting physician or qualified nurse practitioner, must agree on the individual’s diagnosis and prognosis and believe he or she has decision-making capacity, is making an informed decision and is acting voluntarily.

The bill, brought by Rep. Paul S. Baumbach, D-Newark, narrowly passed the House of Representatives in April, with a vote of 21-16.

On June 20, in the Senate, the measure logged 10 yes votes and nine no votes, with Sen. Kyra Hoffner, D-Dover, not voting. But Senate sponsor Bryan Townsend, D-Newark, then changed his yes vote to no.

The alteration meant that the initiative stalled in the Senate but was able to return to the Senate floor on Tuesday.

“This policy is really something hard to talk about and I did not take my decision lightly,” said Sen. Hoffner who changed her vote from not voting to yes on Tuesday which allowed the measure to pass the Senate.

The measure now awaits action by Gov. John Carney.

House Biil 140 is also known as The Ron Silverio/Heather Block End-of-Life Options Law in honor of two terminally ill advocates for medical aid in dying who passed away while waiting for the Delaware General Assembly to provide them with legal end-of-life options.

“This is an issue about allowing adults facing a terminal illness to make critical decisions about their last days. Many people in the last stages of life wish to make their own choices regarding their life and their suffering,” Rep. Baumbach said in a statement released after the Senate vote.

“Sadly, Ron Silverio and Heather Block died without the option of medical aid in dying, something they both came to Dover to advocate for during their dying days,” he said. “But, due to their perseverance, we just took a significant step to ensure that in the future, Delawareans have the options they deserve and seek in their final days. I want to thank Sen. Townsend and my colleagues in the Senate for voting to advance this legislation and standing up for the rights and wishes of those nearing the end of their life.”

Tuesday’s debate was kicked off by Sen. Stephanie Hansen, D-Middletown.

“We’ve talked a lot about unintended consequences. We’ve talked a lot about the slippery slope. But I want to talk about the people who want to use this bill who need to use this bill for the very reason that it was intended,” she said.

Sen. Hansen’s father suffered and died from Amyotrophic Lateral Sclerosis (ALS) or Lou Gehrig’s disease. The Middletown senator said her father would have chosen to avail himself of what House Bill 140 provides.

“Good people like my father, my father had ALS. ALS is a degenerative muscle disease, where you are gradually paralyzed. And it ends when your arms don’t work, your legs don’t work, nothing works. And the last thing that actually works and then stops is your diaphragm, because you’re not able to breathe. And your mind is completely clear the whole time. They call it the monster for what it does to you because it’s slow and it’s inevitable, and its terminal,” said Sen. Hansen.

“This bill is about taking control.”

For many in the Senate Republican caucus, the slippery slope could come in the form of future General Assemblies relaxing safeguards placed in House Bill 140.

Among the many safeguards included in the measure, a terminally ill patient would be required to demonstrate an ability to understand and appreciate the nature and consequences of their decision, including through the determination of a licensed psychiatrist or psychologist.

The bill also creates multiple requirements for medical professionals to determine that the patient is capable, acting voluntarily and not being coerced or unduly influenced, while also requiring attending physicians and nurses to repeatedly inform patients that they can change their minds at any time. Attending physicians or nurses also would be required to present all end-of-life options to a patient, including comfort care, palliative care, hospice care and pain control.

A terminally ill patient would be required to make two oral requests for medical-aid-in-dying medication and one written request that must be witnessed by at least two people who are not family members or stand to inherit any portion of a patient’s estate.

The Ron Silverio/Heather Block End-of-Life Options Law would forbid a family member or caretaker from requesting medication on behalf of a terminally ill patient, while requiring a terminally ill patient to voluntarily self-administer the prescribed medication.

Most in opposition to the legislation came down to faith.

Sen. Dave Lawson, R-Marydel, who said his sister also suffered and died from ALS would not have chosen assisted suicide.

“She saw a little different way. Because she totally believed in God. God creates us in His likeness. And he calls us home with his time. That was her belief and she ministered that throughout her five years,” said Sen. Lawson.