Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 2501A. Short title.
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§ 2501A. Short title. This chapter shall be known and may be cited as the “Delaware Medical Orders for Scope of Treatment Act” (“DMOST Act”).80 Del. Laws, c. 18, § 1;
16 Del. C. § 2502A. Statement of purpose.
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§ 2502A. Statement of purpose. (a) An adult individual who has decision-making capacity has the right to refuse medical or surgical treatment in order to allow natural death if such refusal is not contrary to existing public health laws. (b) An adult individual with decision-maki…
16 Del. C. § 2503A. Definitions.
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§ 2503A. Definitions. For purposes of this chapter: (1) “Advance health-care directive” means as defined under § 2502 of this title or any individual instruction or power of attorney for health care valid in the state where such document was executed or where the individual execu…
16 Del. C. § 2504A. Duty of patient’s authorized representative.
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§ 2504A. Duty of patient’s authorized representative. (a) At such time as a patient lacks decision-making capacity, the patient’s authorized representative shall make a health-care decision to treat, withdraw, or withhold treatment in accordance with the patient’s individual inst…
16 Del. C. § 2505A. Powers and duties of Department of Health and Social Services.
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§ 2505A. Powers and duties of Department of Health and Social Services. (a) The Secretary is authorized to promulgate regulations and develop protocols to fulfill the following responsibilities: (1) Promulgation of a DMOST form and development of the process for completion, modif…
16 Del. C. § 2506A. Powers and duties of the Department of State.
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§ 2506A. Powers and duties of the Department of State. The Secretary of State is authorized to promulgate regulations and develop protocols for the education of all health-care providers under its licensing or certification jurisdiction.80 Del. Laws, c. 18, § 1;
16 Del. C. § 2507A. Delaware Health Information Network.
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§ 2507A. Delaware Health Information Network. The Delaware Health Information Network (DHIN) shall maintain an electronic registry to maintain and store executed DMOST forms and make them available to emergency-care providers, health-care providers, and health-care institutions.8…
16 Del. C. § 2508A. Obligation to treat.
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§ 2508A. Obligation to treat. A health-care practitioner, health-care provider, health-care institution, or emergency-care provider shall treat a patient who has a completed DMOST form in accordance with the directions and options indicated in such DMOST form, except as otherwise…
16 Del. C. § 2509A. Mandatory elements of DMOST forms.
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§ 2509A. Mandatory elements of DMOST forms. A DMOST form shall be deemed to be completed and therefore valid for the purposes of this chapter if it: (1) Contains information indicating a patient’s health-care preferences; (2) Has been voluntarily signed by a patient or by another…
16 Del. C. § 2510A. Recognition of medical orders from other states.
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§ 2510A. Recognition of medical orders from other states. A document executed in another state, which meets the requirements of this chapter for a DMOST form or the requirements of the state where such document was executed or the state where the patient was a resident at the tim…
16 Del. C. § 2511A. Modification or revocation of DMOST forms.
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§ 2511A. Modification or revocation of DMOST forms. (a) A patient with decision-making capacity, may, at any time, void that patient’s own completed DMOST form or otherwise request alternative treatment to the treatment that was ordered on the DMOST form. (b) If the orders in a p…
16 Del. C. § 2512A. Resolution of conflicts.
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§ 2512A. Resolution of conflicts. (a) In the event of a disagreement between the patient’s authorized representative and the patient’s health-care practitioner concerning the patient’s decision-making capacity or the appropriate interpretation and application of the terms of a co…
16 Del. C. § 2513A. Conflicting directives.
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§ 2513A. Conflicting directives. (a) The patient’s scope of treatment shall be governed by the latest directive available. (b) If the treatment directives of a later advance health-care directive conflict with the patient’s directives on a DMOST form, a health-care practitioner s…
16 Del. C. § 2514A. Safeguards.
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§ 2514A. Safeguards. Any individual or entity may petition the Court of Chancery for appointment of a guardian of the person of a patient if that individual or entity has good reason to believe that the withdrawal or withholding of health care in a particular case: (1) Is contrar…
16 Del. C. § 2515A. Immunity.
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§ 2515A. Immunity. A health-care institution, health-care practitioner, or health-care provider acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care institution, health-care practitioner, or health-care provider is not…
16 Del. C. § 2516A. Assumptions and presumptions.
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§ 2516A. Assumptions and presumptions. (a) Neither the execution of a DMOST form under this chapter nor the fact that health care is withheld or withdrawn from a patient in accordance therewith shall, for any purpose, constitute a suicide. (b) The completion of a DMOST form pursu…
16 Del. C. § 2517A. Penalties.
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§ 2517A. Penalties. (a) A health-care provider who fails to act in accordance with the requirements of this chapter is subject to discipline for professional misconduct. (b) A health-care institution that intentionally fails to act in accordance with the requirements of this chap…
16 Del. C. § 2518A. Capacity.
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§ 2518A. Capacity. (a) An adult individual is presumed to have capacity to make a health-care decision and to execute, modify or void a DMOST form. (b) A determination that a patient lacks decision-making capacity must be made by a physician, and if a patient’s authorized represe…
16 Del. C. § 2519A. Severability.
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§ 2519A. Severability. The provisions of this chapter are severable, and if any word, phrase, clause, sentence, section, or provision of this chapter is for any reason held to be unconstitutional, the decision of the court shall not affect or impair any of the remaining provision…
16 Del. C. § 2520A. Effect of copy.
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§ 2520A. Effect of copy. A copy of a DMOST form or revocation of a DMOST form has the same effect as the original.80 Del. Laws, c. 18, § 1;
16 Del. C. § 2521A. DMOST Steering Committee.
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§ 2521A. DMOST Steering Committee. (a) The DMOST Steering Committee (Committee) is established to support the implementation of the DMOST program and make recommendations regarding the implementation of this chapter. (b) The Committee is comprised of the following members, or a d…