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Code · Delaware · Title 16 — Health and Safety

§ 2513C. Immunity [For application of this section, see 85 Del. Laws, c. 19, § 3].

282 words·~1 min read·/de/title-16/2513c

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(a)A person acting in good faith and in accordance with generally-accepted health-care standards is not subject to civil or criminal liability or to discipline for unprofessional conduct, including censure, suspension, loss of license, loss of privileges, loss of membership, or any other penalty for providing medical care in good faith compliance with the requirements under this chapter, including any of the following:
(1)Being present when a qualified patient self-administers the prescribed medication to end life in a humane and dignified manner.
(2)Prescribing or dispensing or refusing to prescribe or dispense medication to end life in a humane and dignified manner.
(3)Providing scientific and accurate information about medication to end life in a humane and dignified manner.
(b)A health-care institution may prohibit a physician or APRN from prescribing medication under this chapter on the health-care institution’s premises if the health-care institution has provided notice of the health-care institution’s policy regarding this chapter to all health-care providers and the public.
(c)A physician or APRN may refuse to honor a request from a terminally-ill-adult individual for medication to end their life in a humane and dignified manner that is made in compliance with the requirements under this chapter.
(d)A request for medication to end life in a humane and dignified manner under this chapter, or the fact that medication to end life in a humane and dignified manner is prescribed or dispensed under this chapter, does not solely constitute neglect or elder abuse for any purpose or provide the sole basis for the appointment of a guardian or involuntary mental health treatment.
(e)This section does not limit civil or criminal liability for negligence, recklessness, or intentional misconduct.
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