This amendment requires that a patient seeking to utilize the end of life option delineated in HB 140 must be evaluated by a psychologist or psychiatrist for purposes of confirming decision-making capacity.

Plain English Breakdown

The official source does not specify what happens if an individual lacks decision-making capacity after the evaluation.

Patient Evaluation Before End-of-Life Option

This amendment requires patients seeking to use the end-of-life option in HB 140 to be evaluated by a psychologist or psychiatrist to confirm their decision-making capacity.

What This Bill Does

• Adds a requirement for patients to see a mental health professional before using an end-of-life option.
• Specifies that only psychologists and psychiatrists can evaluate decision-making capacity.

Who It Names or Affects

• Patients who want to use the end-of-life option in HB 140
• Psychologists and psychiatrists who will conduct evaluations

Terms To Know

decision-making capacity

The ability of a person to understand information, think about choices, and make decisions.

Limits and Unknowns

• It is not clear how this amendment would be enforced or what happens if the evaluation shows a lack of decision-making capacity.
• This bill was defeated in the Senate on April 17, 2025.

Official Summary Text

This amendment requires that a patient seeking to utilize the end of life option delineated in HB 140 must be evaluated by a psychologist or psychiatrist for purposes of confirming decision-making capacity.

Current Bill Text

Legislation Document

SPONSOR:

Sen. Richardson

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE AMENDMENT NO. 1

TO

HOUSE BILL NO. 140

AMEND House Bill No. 140 on lines 207 to 208 by deleting "

, if the attending physician or attending APRN believes the individual may not have

" before "

decision

" therein and inserting in lieu thereof "

to determine whether the individual has

".

SYNOPSIS

This amendment requires that a patient seeking to utilize the end of life option delineated in HB 140 must be evaluated by a psychologist or psychiatrist for purposes of confirming decision-making capacity.

Author: Senator Richardson