CHAPTER 238

FORMERLY

SENATE BILL NO. 410

AS AMEMDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 10 AND 11, TITLE 16 AND CHAPTER 28, TITLE 31, OF THE DELAWARE CODE REQUIRING CERTAIN HEALTH CARE FACILITIES TO ASCERTAIN UPON ADMISSION WHETHER OR NOT A PATIENT HAS DONATED ALL OR PART OF HIS OR HER BODY AS AN ANATOMICAL GIFT AND TO MAINTAIN A RECORD THEREOF.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 10, Title 16 of the Delaware Code by adding thereto a new §1018 which shall read as follows:

"§1018. Recording Anatomical Gift Data

(a) All hospitals covered by this section shall, if possible, ascertain from a patient upon admission whether or not he or she has donated all or part of his or her body as an anatomical gift either by Will or by a form provided for in Subchapter VIII, Chapter 17, Title 24, Delaware Code and the person, institution or organization to which such gift has been mach.

(b) All such hospitals as defined in Paragraph (a) shall maintain as a part of a patient's permanent record the information required under this Section and such other pertinent information about said anatomical gift which will facilitate the carrying out of the patient's wishes in the event of his or her death. Upon the death of a patient who has made an anatomical gift, such hospital shall make every reasonable effort to contact without delay the person, institution or organization to which such gift has been mach."

Section 2. Amend Chapter 11, Title 16 of the Delaware Code by adding thereto a new Section 1126 which shall read as follows:

"§1126. Recording Anatomical Gift Data

(a) All sanitoria, rest homes and other health care facilities covered by this Chapter shall, if possible, ascertain from a patient upon admission whether or not he or she has donated all or part of his or her body as an anatomical gift either by Will or by a form provided for in Subchapter VIII, Chapter 17, Title 24 of the Delaware Code and the person, institution or organization to which such gift has been made.

(b) All facilities as defined in Paragraph (a) shall maintain as part of a patient's permanent record the information required under this Section and such other pertinent information about said anatomical gift which will facilitate the carrying out of the patient's wishes in the event of his or her death. Upon the death of a patient who has made an anatomical gift, health care facilities as defined in Paragraph (a) shall make every reasonable effort to contact without delay the person, institution or organization to which such gift has been made."

Section 3. Amend Chapter 28, Title 31 of the Delaware Code by adding thereto a new §2824 which shall read as follows:

"§2824. Recording Anatomical Gift Data

(a) The Delaware Home and Hospital shall, if possible, ascertain from a patient upon admission whether or not he or she has donated all or part of his or her body as an anatomical gift either by Will or by form provided for in Subchapter VIII, Chapter 17, Title 24 of the Delaware Code and the person, institution or organization to which such gift has been made.

(b) The Delaware Home and Hospital shall maintain as part of a patient's permanent record the information required under this Chapter and such other pertinent information about said anatomical gift which will facilitate the carrying out of the patient's wishes in the event of his or her death. Upon the death of a patient who has made an anaomical gift, the Delaware Home and Hospital shall make every reasonable effort to contact without delay the person, institution or organization to which such gift has been made."

Approved May 13, 1982.