SB 274: AN ACT TO AMEND TITLE 16 AND TITLE 21 OF THE DELAWARE CODE RELATING TO DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

Enacted in 2015, Chapter 25A of Title 16, the Delaware Medical Orders for Scope of Treatment Act created a voluntary process and a document that can used by patients with serious illness or frailty to provide direction to emergency care personnel regarding the patient's preferences in regard to scope of care and treatment. This Act changes the name "Delaware Medical Orders for Scope of Treatment (DMOST)" under Chapter 25A of Title 16 to "Delaware Portable Orders for Life-Sustaining Treatment (POLST)" to align with the national effort to create a uniform form. This Act contains a savings provision so that the name change under this Act does not affect the validity or effect of DMOST forms. This Act also revises Chapter 25A of Title 16 as follows: • Repeals requirements that conflict with the national model law regarding a patient’s ability to limit the future authority of the patient’s authorized representative to modify the orders in the patient’s POLST form. • Allows any health-care practitioner authorized under Chapter 25A of Title 16 to complete a POLST form to find that a patient lacks sufficient decision-making capacity to execute a POLST form. Under existing law, all practitioners who are licensed and authorized to write medical orders under Title 24 may complete POLST forms but only physicians can determine that a patient lacks sufficient decision-making capacity to execute a POLST form. This change is consistent with the capacity provisions under Chapter 25 of Title 16, the recently enacted Uniform Health-Care Decisions Act. • Requires that a health-care practitioner document their finding that a patient lacks decision-making capacity in the patient’s medical record. • Clarifies the existing requirement that a patient’s authorized representative may not execute a POLST form for a patient unless the patient’s lack of decision-making capacity is documented in the patient’s medical record. Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including corresponding name changes to other Code sections that reference the DMOST form. In § 2718(c)(5) of Title 21, the name for an advance health-care directive under Chapter 25 of Title 16 is also corrected.

Sponsors

Sponsors by party (alphabetical): Democratic 5

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 8, 2026Signed by Governor
2. June 24, 2026Passed By House. Votes: 37 YES 1 NO 3 ABSENT
3. June 17, 2026Reported Out of Committee (Health & Human Development) in House with 1 Favorable, 9 On Its Merits
4. May 13, 2026Assigned to Health & Human Development Committee in House
5. May 12, 2026Passed By Senate. Votes: 21 YES
6. May 5, 2026Reported Out of Committee (Health & Social Services) in Senate with 1 Favorable, 4 On Its Merits
7. April 9, 2026Introduced and Assigned to Health & Social Services Committee in Senate