Bill Text: DE HB272 | 2013-2014 | 147th General Assembly | Draft

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Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To Paramedic Services.

Spectrum: Moderate Partisan Bill (Republican 10-2)

Status: (Engrossed - Dead) 2014-06-26 - Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT [HB272 Detail]

Download: Delaware-2013-HB272-Draft.html

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SPONSOR:	Rep. Briggs King & Sen. Pettyjohn;
	Reps. D. Short, Hudson, Outten, Ramone, Smyk, Carson, Mitchell; Sens. Hocker, Simpson

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 272

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PARAMEDIC SERVICES.

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

Section 1.Amend Chapter 98, Title 16 of Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

§9813 Liability; limitations.

(a) Physician instructions. — No emergency physician or designee of such physician who in good faith gives instructions to a paramedic shall be liable for any civil damages which may occur as the result of issuing such instructions; unless the conduct of the physician or the designee of such physician in issuing such instructions rises to the level of willful and wanton, reckless or grossly negligent conduct.

(b) Paramedics. — (1)No paramedic who in good faith attempts to render or facilitate emergency medical care authorized by this chapter shall be liable for any civil damages which occur as a result of any act or omission of the paramedic in the rendering of such care; unless such paramedic is guilty of wilful willful and wanton, reckless or grossly negligent conduct.

(2)No paramedic shall be subject to civil liability, based solely upon failure to obtain consent in rendering emergency medical services to any individual, regardless of age, where the person is unable to give consent for any reason, and where there is no other person reasonably available who is legally authorized to give or refuse to give consent, if the paramedic has acted in good faith and without knowledge of facts negating consent.

SYNOPSIS

This Bill, modeled after similar legislation enacted in Pennsylvania and West Virginia, clarifies paramedic immunity when consent to render care is unable to be obtained.