CHAPTER 272

FORMERLY HOUSE BILL NO. 377

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 13, SECTION 707, DELAWARE CODE, RELATING TO CONSENTS TO HEALTH CARE OF MINORS.

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

Section 1. Section 707, Title 13, Delaware Code, is amended by striking said section in its entirety and inserting in lieu thereof a new Section 707 to read as follows:

§ 707. Consents to health care of minors

(a) Consent to the performance upon or for any minor by any licensed medical, surgical, dental or osteopathic practitioner, or any hospital or public clinic, or their agents or employees, of any lawful diagnostic, therapeutic or postmortem procedure, and to the furnishing of hospitalization and other reasonably necessary care in connection therewith, may be given by:

(1) a parent or guardian of any minor for such minor;

(2) a married minor for himself or herself, or if such married minor be unable to give consent by reason of physical disability, then by his or her spouse;

(3) a minor of the age of 18 years or more for himself or herself;

(4) a minor parent for his or her child;

(5) a minor, or by any person professing to be serving as temporary custodian of such minor at the request of a parent or guardian of such minor, for the examination and treatment of (i) any laceration, fracture, or other traumatic injury suffered by such minor, or (ii) any symptom, disease or pathology which may, in the judgment of the attending personnel preparing such treatment, if untreated, reasonably be expected to threaten the health or life

of such minor; provided, however, that the consent given shall be effective only after reasonable efforts shall have been made to obtain the consent of the parent or guardian of said minor.

(b) Any consent given by or for a minor pursuant to the authority of any provision of this chapter shall be valid and effective for all purposes, and, notwithstanding any misrepresentation as to age, status as parent, guardian or custodian, or as to marital status, made to any practitioner, hospital, or clinic for purposes of inducing the furnishing of health care to such minor, shall bind such minor, his parent, spouse, heirs, executors and administrators, and shall not be subject to subsequent disaffirmance by reason of minority.

(c) Nothing contained in this section shall be construed to relieve any practitioner, hospital, clinic or their agents or employees from liability for negligence in diagnosis, care and treatment, or for the performance of any procedure not reasonably required for the preservation of life or health.

Approved July 13, 1971.