CHAPTER 360

FORMERLY

HOUSE BILL NO. 181

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 97, TITLE 16 OF THE DELAWARE CODE RELATING TO RECOGNITION AND IMPLEMENTATION OF ADVANCED HEALTH-CARE DIRECTIVES BY EMERGENCY MEDICAL SERVICES PROVIDERS.

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

Section 1. Amend § 9706, Title 16 of the Delaware Code, by adding a new subsection thereto, to read as follows:

“(h) The Director of Public Health shall have the authority to promulgate rules for EMS provider recognition and compliance with an advanced health-care directive that has become effective pursuant to § 2503(c) of Title 16, and shall seek input and review from The Board of Medical Practice and The Delaware EMS Advisory Council and the Delaware State Fire Prevention Commission. For purposes of this subsection, “EMS provider” shall mean providers certified by the Delaware State Fire Commission or the Office of Emergency Medical Services within the Division of Public Health, Department of Health and Social Services. EMS providers acting in accordance with the regulations promulgated hereunder shall be immune from criminal or civil liability pursuant to 16 Del.C. § 2510.

(1) The regulation shall define pre-hospital advanced care directive procedures to be used for terminally ill patients only.

(2) All sections of the regulation will insure that processes are in compliance with Delaware Code Title 16, Chapter 25, 'Delaware Death with Dignity Act'. The regulations shall include, but not be limited to, the following:

(i) the allowable content of prehospital advanced care directives, to include:

(1) Option A (Advanced Life Support ) - Maximal (Restorative) Care Before Arrest, then pre-hospital advanced care directive

(2) Option B (Basic Life Support) - Limited (Palliative) Care Only Before Arrest, then pre-hospital advanced care directive

(ii) methods of identification, describing the methods that can be used by persons electing to enact a prehospital advanced care directive. The properly enacted Delaware Prehospital Advanced Care Directive Form must be present, however voluntary use of a Medic Alert prehospital advanced care directive bracelet or necklace may be worn to indicate the presence of the form;

(iii) methods of revocation of prehospital advanced care directive describing how a prehospital advanced care directive can be revoked per Del Code Title 16, Chapter 25; and

(iv) reciprocity to allow Delaware EMS providers to recognize prehospital advanced care directives from neighboring states for persons in Delaware.”

Approved June 30,2000