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PRIA provides educational policy intelligence and is not a source of investment, legal, or financial advice. Content is for informational purposes only.

Delaware Statutes, Title 16

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Delaware/Statutes

← All Delaware coverage

Title 16, Health and Safety

148 chapters · 1,804 sections in this title.

All chapters in Title 161,804 Ch 47, UNIFORM CONTROLLED SUBSTANCES ACT89 Ch 11, Long-Term Care Facilities and Services79 Ch 30f, ANIMAL WELFARE65 Ch 1, DEPARTMENT OF HEALTH AND SOCIAL SERVICES63 Ch 51, THE DEPARTMENT OF HEALTH AND SOCIAL …57 Ch 66, FIRE PREVENTION46 Ch 31, REGISTRATION OF BIRTHS, DEATHS, MARR…41 Ch 56, Behavioral Health [For application o…36 Ch 79, Basic Plumbing Principles35 Ch 9, ABUSE OF CHILDREN32 Ch 27, ANATOMICAL GIFTS AND STUDIES32 Ch 25, Uniform Health-Care Decisions Act30 Ch 99, DELAWARE HEALTH CARE COMMISSION30 Ch 10, HOSPITALS28

22 sections·Filtered byTitle 16✕Ch 25a✕

16 Del. C. § 2501A. Short title [For application of this section, see 85 Del. Laws, c. 485, § 5].
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§ 2501A. Short title [For application of this section, see 85 Del. Laws, c. 485, § 5]. This chapter shall be known and may be cited as the “Delaware Portable Orders for Life-Sustaining Treatment Act” or “Delaware POLST Act.”80 Del. Laws, c. 18, § 1; 85 Del. Laws, c. 485, § 1;
16 Del. C. § 2502A. Statement of purpose [For application of this section, see 85 Del. Laws, c. 485, § 5].
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§ 2502A. Statement of purpose [For application of this section, see 85 Del. Laws, c. 485, § 5]. (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 existi…
16 Del. C. § 2503A. Definitions [For application of this section, see 85 Del. Laws, c. 485, § 5].
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§ 2503A. Definitions [For application of this section, see 85 Del. Laws, c. 485, § 5]. 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 sta…
16 Del. C. § 2504A. Duty of patient’s authorized representative [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2504A. Duty of patient’s authorized representative [For application of this section, see 85 Del. Laws, c. 485, § 5]. (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 wi…

16 Del. C. § 2505A. Powers and duties of Department of Health and Social Services [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2505A. Powers and duties of Department of Health and Social Services [For application of this section, see 85 Del. Laws, c. 485, § 5]. (a) The Secretary is authorized to promulgate regulations and develop protocols to fulfill the following responsibilities: (1) Promulgation of …

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 [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2507A. Delaware Health Information Network [For application of this section, see 85 Del. Laws, c. 485, § 5]. The Delaware Health Information Network (DHIN) shall maintain an electronic registry to maintain and store executed POLST forms and make them available to emergency-care…

16 Del. C. § 2508A. Obligation to treat [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2508A. Obligation to treat [For application of this section, see 85 Del. Laws, c. 485, § 5]. A health-care practitioner, health-care provider, health-care institution, or emergency-care provider shall treat a patient who has a POLST form in accordance with the directions and op…

16 Del. C. § 2509A. Mandatory elements of POLST forms [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2509A. Mandatory elements of POLST forms [For application of this section, see 85 Del. Laws, c. 485, § 5]. A POLST form shall be deemed to be valid for the purposes of this chapter if it complies with all of the following: (1) Contains information indicating the patient’s healt…

16 Del. C. § 2510A. Recognition of medical orders from other states [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2510A. Recognition of medical orders from other states [For application of this section, see 85 Del. Laws, c. 485, § 5]. A document executed in another state is valid for the purposes of this chapter to the same extent as a POLST form that is valid under this chapter, if the do…

16 Del. C. § 2511A. Modification or revocation of POLST forms [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2511A. Modification or revocation of POLST forms [For application of this section, see 85 Del. Laws, c. 485, § 5]. (a) A patient with decision-making capacity, may, at any time, void that patient’s own POLST form or otherwise request alternative treatment to the treatment that …

16 Del. C. § 2512A. Resolution of conflicts [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2512A. Resolution of conflicts [For application of this section, see 85 Del. Laws, c. 485, § 5]. (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 th…

16 Del. C. § 2513A. Conflicting directives [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2513A. Conflicting directives [For application of this section, see 85 Del. Laws, c. 485, § 5]. (a) The patient’s scope of treatment is governed by the latest directive available. (b) If the treatment directives of a later advance health-care directive conflict with the patient…

16 Del. C. § 2514A. Safeguards [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2514A. Safeguards [For application of this section, see 85 Del. Laws, c. 485, § 5]. 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 o…

16 Del. C. § 2515A. Immunity [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2515A. Immunity [For application of this section, see 85 Del. Laws, c. 485, § 5]. 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 inst…

16 Del. C. § 2516A. Assumptions and presumptions [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2516A. Assumptions and presumptions [For application of this section, see 85 Del. Laws, c. 485, § 5]. (a) Neither the execution of a POLST form under this chapter nor the fact that health care is withheld or withdrawn from a patient in accordance therewith shall, for any purpos…

16 Del. C. § 2517A. Penalties; class G felony; class A misdemeanor [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2517A. Penalties; class G felony; class A misdemeanor [For application of this section, see 85 Del. Laws, c. 485, § 5]. (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 he…

16 Del. C. § 2518A. Capacity [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2518A. Capacity [For application of this section, see 85 Del. Laws, c. 485, § 5]. (a) An adult individual is presumed to have capacity to make a health-care decision and to execute, modify, or void a POLST form. (b) (1) The presumption under subsection (a) of this section may b…

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 [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2520A. Effect of copy [For application of this section, see 85 Del. Laws, c. 485, § 5]. A copy of a POLST form or revocation of a POLST form has the same effect as the original.80 Del. Laws, c. 18, § 1; 85 Del. Laws, c. 485, § 1;

16 Del. C. § 2521A. Delaware POLST Steering Committee [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2521A. Delaware POLST Steering Committee [For application of this section, see 85 Del. Laws, c. 485, § 5]. (a) The Delaware POLST Steering Committee (Committee) is established to support the implementation of the POLST program and make recommendations regarding the implementati…

16 Del. C. § 2522A. Savings and transitional provisions [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 2522A. Savings and transitional provisions [For application of this section, see 85 Del. Laws, c. 485, § 5]. (a) For purposes of this section, “Delaware Medical Orders for Scope of Treatment” or “DMOST form” means a DMOST form created under this chapter before the names changed…