CHAPTER 105

FORMERLY SENATE BILL NO. 255

AN ACT TO AMEND PART VI, TITLE 16 OF THE DELAWARE CODE, EXEMPTING CERTAIN FIREMEN, POLICEMEN, AND VOLUNTEER AMBULANCE AND RESCUE SQUAD PERSONNEL FROM CIVIL LIABILITY WHEN RENDERING EMERGENCY CARE, FIRST AID AND RESCUE IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES EXCEPT IN CERTAIN INSTANCES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Part VI, Title 16 of the Delaware Code, by adding thereto a new chapter, to be known and designated as Chapter 68, which new chapter shall read as follows:

CHAPTER 68. EXEMPTION FROM CIVIL LIABILITY

§ 6801. Emergency; first aid; rescue

Any fireman, policeman or member of a volunteer ambulance or rescue squad who renders emergency care, first aid or rescue while in the performance of his official duties at the scene of an emergency, shall not be liable for any civil damages as a result of any acts or omissions in rendering the emergency care, first aid or rescue except any acts or omissions intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the person receiving the emergency care, first aid or rescue. In order for any fireman, policeman, or member of a volunteer ambulance or rescue squad to receive the benefit of the exemption from civil liability provided for in this Act, he must first have taken and successfully completed the Emergency Care Course recognized and approved by the Delaware State Fire School, and further he shall have a valid certification from such School that he has successfully completed any necessary training or refresher courses.

Approved June 2, 1971.