Delaware 153rd General Assembly (2025-2026) Status: Passed Senate Bipartisan · 4 D · 1 R cosponsors

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

Last action — Passed By House. Votes: 37 YES 1 NO 3 ABSENT

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced April 09, 2026. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 72% · high confidence

  • Passed Senate

    Current position in the legislative process.

  • 5 sponsors

    5 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill renames and revises the Delaware Medical Orders for Scope of Treatment to align with national standards.

This bill changes the name of the DMOST to POLST to match national guidelines and modifies who can determine a patient's decision-making capacity. It also ensures that documentation requirements are met for authorized representatives executing POLST forms.

What this means for you
  • Families: Families may have an easier process to ensure their loved ones' healthcare wishes are respected.
  • Healthcare: Healthcare practitioners will have clearer guidance on who can determine decision-making capacity for POLST forms.

Summary

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.

Bill Text

Action History

  1. Passed By House. Votes: 37 YES 1 NO 3 ABSENT

  2. Reported Out of Committee (Health & Human Development) in House with 1 Favorable, 9 On Its Merits

  3. Assigned to Health & Human Development Committee in House

  4. Passed By Senate. Votes: 21 YES

  5. Reported Out of Committee (Health & Social Services) in Senate with 1 Favorable, 4 On Its Merits

  6. Introduced and Assigned to Health & Social Services Committee in Senate

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

5 sponsors · 0 co-sponsors · 57 not signed on · 1 voted No

Sponsors (5)

Co-sponsors (0)

None.

Not signed on (57)

57 members have not signed on to this bill.

Show all 57 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 37 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 25002
Republican 12101
Total 37103
% of votes cast 90%2%0%7%
How each member voted (41)
Member Party Vote
Alonna Berry Democratic Yea
Claire Snyder-Hall Democratic Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Frank Burns Democratic Yea
Franklin D. Cooke Democratic Yea
Josue O Ortega Democratic Yea
Kamela T Smith Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Mara Gorman Democratic Yea
Melanie Ross Levin Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Not Voting
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Not Voting
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Nay
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Not Voting
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea
Valerie Jones Giltner Republican Yea

Official roll call →

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 15000
Republican 6000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 274 do?
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.
Who sponsors SB 274?
SB 274 is sponsored by Claire Snyder-Hall (Democratic), Eric Morrison (Democratic), Spiros Mantzavinos (Democratic), Dave G. Lawson (Republican), and Marie Pinkney (Democratic).
What is the current status of SB 274?
This bill has passed the Senate. Introduced April 09, 2026. It now moves to the second chamber.
Where can I track SB 274?
Track SB 274 free on One Click Politics — get push/email alerts when it moves.

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