Delaware Medical-Aid-in-Dying Bill (Assisted Suicide & Euthanasia) in Limbo

By Melissa Steele, July 26, 2024.

The Cape Gazette  

The fate of medical-aid-in-dying bill that cleared the General Assembly in June is uncertain as it has yet to be delivered to Gov. John Carney to sign.

Sponsor of the bill, Rep. Paul Baumbach, D-Newark, said July 15, the bill still resides in the House.

“Thus far, the governor has not led me to believe that he will sign the bill when it makes it to his desk,” Baumbach said.

Baumbach did not say when he plans to deliver the bill to the governor, or whether he has heard if Carney will veto it.

Press Release: Bill Seeking to Legalize Assisted Suicide and Euthanasia Remains Undecided by Delaware Governor Carney (pictured below)

July 2, 2024 -- According to the American Medical Association, assisted suicide occurs when a doctor facilitates a person's death by providing the means or information to enable another person to perform a life-ending act. Euthanasia is the administration of a lethal agent to kill another person.

Persons assisting a suicide or euthanasia can have an agenda. Reported motives have included: financial gain; the “thrill” of getting other people to kill themselves; and wanting to see another person die.

The proposed Delaware Act (HB 140) has an application process to obtain a lethal dose of medication. Once the lethal dose is issued by the pharmacy, there is no required oversight. No witness, not even a doctor or other medical person is required to be present at the patient's death.

Donna Latteri Holds Jeanette Hall's Photo at Delaware Hearing

Hall's declaration states:

1.  I live in Oregon where assisted suicide is legal. Our law was enacted in 1997 via a ballot measure that I voted for.

2.  In 2000, I was diagnosed with cancer and told that I had 6 months to a year to live. I knew that our law had passed, but I didn't know exactly how to go about doing it. I tried to ask my doctor, Kenneth Stevens MD, but he didn't really answer me. In hindsight, he was stalling me.

3.  I did not want to suffer. I wanted to do our law and I wanted Dr. Stevens to help me. Instead, he encouraged me to not give up and ultimately I decided to fight the cancer. I had both chemotherapy and radiation. I am happy to be alive!  

Delaware Talking Points

By Margaret Dore, Esq., MBA

“Aid in Dying” has been a euphemism for physician-assisted suicide and euthanasia since at least 1992.

Per the American Medical Association, "physician-assisted suicide" occurs when a doctor facilitates a patient’s death by providing the means or information to enable a patient to perform the life-ending act. "Euthanasia" is the administration of a lethal agent by another person.

Persons assisting a suicide can have an agenda. Reported motives include: the “thrill” of getting other people to kill themselves; a desire for sympathy and attention; and wanting to see someone die.

Proposed Bill Renders Delaware Residents Sitting Ducks to Their Heirs and Other Predators

Attorney Margaret Dore, President of Choice is an Illusion, which has fought against assisted suicide and euthanasia legalization throughout the United States, and internationally, has issued the following statement regarding House Bill 140, still pending in the Delaware General Assembly. The proposed bill seeks to legalize assisted suicide, physician-assisted suicide and euthanasia, on both a voluntary and involuntary basis. The Act, deceptively titled End of Life Options, refers to these practices as medical aid in dying.

“Aid in Dying has been a euphemism for physician-assisted suicide and euthanasia since at least 1992," said Dore. “Per the American Medical Association, ‘physician-assisted suicide’ occurs when a doctor facilitates a patient’s death by providing the means or information to enable a patient to perform the life-ending act. ‘Euthanasia’ is the administration of a lethal agent by another person.”

Terri Hancharick: Being Disabled Doesn’t Mean Death Is Better Than Life

https://notdeadyet.org/2023/09/terri-hancharick-being-disabled-doesnt-mean-death-is-better-than-life.html

Delaware’s Daily State News published an opinion piece by the Chair of the State Council for Persons with Disabilities who is also the parent of a person with developmental disabilities. In the article, Terri Hancharick stated in part:

Delaware’s assisted suicide bill is based on legislation in Oregon, where assisted suicide was first legalized. Data from Oregon provides insight into the top reasons that patients ask for assisted suicide. The top five reasons that people gave were the loss of autonomy, being unable to participate in activities that make life enjoyable, loss of dignity, loss of bodily functions and becoming a burden on family, friends and caregivers. These reasons are all disability-related. Contrary to popular belief, pain does not even make it into the top reasons people give to justify their application for assisted suicide.

Proposed Delaware Act (HB 140) Is Unconstitutional

By Margaret K. Dore, Esq.

Delaware's Constitution has two rules to determine the constitutionality
of a legislative enactment:  (1) the single subject rule; and (2) the object in title rule. In order for a legislative enactment to be constitutional, there must be compliance with both rules. 

Here, the proposed Act’s title is: “The Ron Silverio/Heather Block End of Life Options Law." The title thereby implies that the Act is "optional," meaning "left to one's choice." 

On close examination, however, the Act has no enforcement mechanism to ensure that the Act is voluntary. Involuntary and non-voluntary death are allowed via the Act. 

The Act, as proposed, is therefore unconstitutional. The Act cannot be legally enacted via its present title.

Dore Press Release: "Delaware Bill Seeks to Legalize Assisted Suicide and Euthanasia"

Attorney Margaret Dore, President of Choice is an Illusion, which has fought against assisted suicide and euthanasia legalization throughout the United States, and internationally, has issued the following statement regarding House Bill 140, now pending in the Delaware General Assembly, seeking to legalize physician-assisted suicide and euthanasia, on both a voluntary and involuntary basis. The Act, deceptively titled End of Life Options, refers to these practices as medical aid in dying.

“Aid in Dying has been a euphemism for physician-assisted suicide and euthanasia since at least 1992," said Dore. “Per the American Medical Association, ‘physician-assisted suicide’ occurs when a doctor facilitates a patient’s death by providing the means or information to enable a patient to perform the life-ending act. ‘Euthanasia’ is the administration of a lethal agent by another person.”

Legal Memorandum: Delaware Euthanasia Bill Must Be Rejected

I. INTRODUCTION

The Act, HB 140, seeks to amend Title 16 of the Delaware Code, to thereby create Chapter 25B “Relating to End of Life Options.” If enacted, the Act will legalize physician-assisted suicide and euthanasia as those terms are traditionally defined. This will be on both a voluntary and involuntary basis. The Act terms these practices medical aid in dying.

Aid in dying has been a euphemism for physician-assisted suicide and euthanasia since at least 1992.[1] The proposed Act is based on similar acts in Oregon and Washington State. Oregon’s Death with Dignity Act went into effect in 1997. Washington’s nearly identical act went into effect in 2009.  

All three acts apply to persons with a six month or less life expectancy. Such persons may in fact have years or decades to live. A well known example is Jeanette Hall. In 2000, she made a settled decision to use Oregon’s act. Her doctor convinced her to be treated for cancer instead, such that she is alive today, twenty-two years later.

Delaware: Seemingly Dead Euthanasia Bill Could Start Moving

By Margaret Dore, Esq., MBA

HB 140, while it failed to pass in the 2019 legislative session or even come to a vote, is still alive due to Delaware's having a two year legislative cycle.

Per Alex Schadenberg, Executive Director of the Euthanasia Prevention Coalition, the seemingly dead bill could start moving in the 2020 session. He's right. We must be prepared.

Delaware: New Bill Seeking to Legalize Assisted Suicide and Euthanasia

There is a new bill seeking to legalize assisted suicide and euthanasia, as those terms are traditionally defined, in Delaware.

Click here to view the text, sorry no bill number yet.

Margaret Dore

Delaware: Death Certificate Falsification Requires Opposition to HB 160

Kirk Allison, PhD

Dear Legislators:

I directed the Program in Human Rights and Health at the University of Minnesota School of Public Health from 2006-2016 and am a past chair of the American Public Health Association's Ethics Special Primary Interest Group (now Ethics Section).

While working on my dissertation I was a visiting preceptor (research rotation) at the Hennepin County (Minnesota) Medical Examiner's Office. It was greatly impressed upon me the need for scientific accuracy in the medico-legal documentations of death.

Delaware Assisted Suicide Euthanasia Bill: Proposed Oversight is a Sham

State House, Dover DE

To view a pdf version, click these links to view the index, memo and appendix.

I.  INTRODUCTION 

HB 160 legalizes assisted suicide and euthanasia as those terms are traditionally defined. The bill is based on a similar law in Oregon, which has a near complete lack of transparency.

If Delaware enacts HB 160 and follows Oregon practice, there will be a similar lack of transparency. The safety and welfare of individuals will be unverifiable from state sources.

Delaware Bill Seek to Legalize Assisted Suicide & Euthanasia, Applies to People with Years to Live, Is Stacked Against the Individual

For an index to Margaret Dore's legal memorandum, click here.
For the memorandum, click here For the appendix, part one, click here For the appendix, part two, click here For a bullet point hand out, click here

I.  INTRODUCTION

I am an attorney in Washington State where assisted suicide is legal. Our law is based on a similar law in Oregon. Both laws are similar to HB 160, which seeks to legalize assisted suicide and euthanasia in Delaware.

HB 160 is stacked against the individual and a recipe for elder abuse. If enacted, it will apply to people with years or decades to live.  I urge you to reject this measure.

More coming soon