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SB 274

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

153rd General Assembly (2025-2026) Introduced by Dave Lawson and 4 co-sponsors

Delaware SB 274 expands and clarifies DMOST use to ensure patients’ treatment preferences are documented, accessible, and honored across care settings.

Reported Out of Committee (Health & Human Development) in House with 1 Favorable, 9 On Its Merits
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Bill Summary · SB 274

Summary: SB 274 (Session 153, Delaware)

Title

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

Purpose and Intent

SB 274 seeks to amend Delaware law governing Delaware Medical Orders for Scope of Treatment (DMOST). The bill is aimed at updating, clarifying, or expanding the framework for advance medical directives and the use of DMOST forms to document patients’ treatment preferences in medical emergencies and routine care. The overarching goal is to ensure that patients’ stated wishes regarding the scope of treatment are accurately recorded, readily accessible to health care providers, and respected across care settings.

Key Provisions and Changes (provisional highlights based on bill title and context)

  • Amendments to Title 16 (Delaware Code):

    • Likely updates to the statutory provisions governing advance medical directives, ethical considerations, or civil protections related to DMOSTs.
    • May define or refine terms related to medical orders for scope of treatment, life-sustaining interventions, or preferences for end-of-life care.

  • Amendments to Title 21 (Delaware Code):

    • Possible changes to health care powers, patient rights, or provider duties in hospitals, long-term care, and emergency medical services (EMS) contexts.
    • May address the legal effect, transmission, and portability of DMOST forms across settings (e.g., hospital to home, EMS, hospice).

  • DMOST Emphasis:

    • Strengthened use or integration of DMOST forms into patient care plans.
    • Provisions to ensure DMOSTs accompany patients between care sites, are recognized by clinicians, and align with patient preferences.

  • Provider and Facility Duties:

    • Clarifications on how health care professionals should respond to DMOST directives.
    • Possible requirements for training, documentation standards, or verification procedures.

  • Confidentiality and Accessibility:

    • Provisions may address who can access DMOSTs and how they are stored or transmitted to ensure quick availability during emergencies.

  • Consistency with Other Law:

    • Alignment with existing palliative care, end-of-life care statutes, and emergency medical services regulations.

Note: The summary above reflects typical components of DMOST-related legislation. The exact language of SB 274 will specify precise amendments, definitions, and procedural steps. The bill’s action history indicates it progressed from introduction to a favorable committee report, suggesting some consensus on its intent.

Affected Parties

  • Patients and Families: Individuals who create or rely on DMOST forms to express treatment preferences.
  • Health Care Providers: Physicians, nurses, physician assistants, hospice and palliative care teams, and EMS personnel who must recognize and follow DMOST directives.
  • Hospitals, Long-Term Care Facilities, and Home Care Agencies: Institutions responsible for maintaining and honoring DMOSTs and ensuring interoperability across settings.
  • Public Health and Legal Stakeholders: Entities involved in regulatory compliance, patient rights, and advance care planning.

Procedural and Timeline Aspects

  • Introduced: April 9, 2026, and assigned to the Health & Social Services Committee in the Senate.
  • Committee Action: Reported out of Committee on May 5, 2026, with 1 Favorable, 4 On Its Merits, indicating passage to the full Senate for consideration.
  • Next Steps: If advanced, SB 274 would move to the Senate floor for debate and vote, then potentially to the House of Representatives for consideration, and finally to the governor for signature or veto, depending on the legislative schedule.

Practical Impact

  • Clarifies and potentially expands the use of DMOSTs to ensure patients’ treatment preferences are respected across care transitions.
  • Aims to improve communication among clinicians, EMS, and facilities during emergencies and routine care.
  • Could standardize documentation, accessibility, and portability of DMOST information.

If you need, I can tailor this summary to emphasize specific sections or provide a side-by-side comparison with current Delaware DMOST-related statutes.

Compiled from official sources — confirm details with the bill’s official record.

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