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Del. Code tit. 16, § 2515A

Immunity

Known as the Delaware Medical Orders for Scope of Treatment Act

The act spans §§ 16–16 (21 sections).

80 Del

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 subject to civil or criminal liability or to discipline for unprofessional conduct for:

(1) Complying with a DMOST form signed by a health-care practitioner apparently having authority to make a DMOST for a patient, including a decision to withhold or withdraw health care;

(2) Declining to comply with a DMOST form based on a belief that the health-care practitioner then lacked authority to sign a DMOST;

(3) Complying with a DMOST form and assuming that the DMOST form was valid when made and has not been modified or voided;

(4) Providing life-sustaining treatment in an emergency situation when the existence of a DMOST form is unknown; or

(5) Declining to comply with a DMOST form because the DMOST form is contrary to the conscience or good faith medical judgment of the health-care practitioner or the written policies of the health-care institution.

Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.