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Committee reviews technical updates to DMOST/POLST program in SB274
Summary
Senate Bill 274 would update Delaware's portable medical orders (DMOST) program to align with national portable POLST practices, allow qualified practitioners beyond physicians to assess capacity consistent with the Uniform Health‑Care Decisions Act, and require incapacity determinations be documented; public commenters sought confirmation that existing arrangements would be grandfathered.
Senator Pinkney introduced Senate Bill 274, which makes technical and policy updates to Delaware's DMOST program (medical orders for scope of practice/POLST) to align the state with national portable orders practices and to clarify capacity determinations.
The sponsor said the bill endorses patient autonomy, clarifies when authorized representatives may act on behalf of patients, and ensures any determination that a patient lacks capacity is clearly documented in the medical record.
Cheryl Hikes of the Delaware Healthcare Facilities Association, which represents long‑term care providers, asked whether the bill would grandfather existing arrangements to avoid redoing long‑standing paperwork. The sponsor indicated the bill is intended to align practice with existing law under the Uniform Health‑Care Decisions Act and does not change the legal standard for determining capacity.
Committee members posed a few clarifying questions but took no formal action; the hearing was adjourned for lack of quorum.
