CHAPTER 361

FORMERLY

SENATE BILL NO.439

AN ACT TO AMEND CHAPTER 68, PART VI, TITLE 16 OF THE DELAWARE CODE RELATING TO EXEMPTION FROM CIVIL LIABILITY WHILE RENDERING EMERGENCY CARE, FIRST AID OR RESCUE.

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

Section 1. Amend §6801, Chapter 68, Part VI, Title 16 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:

§6801. Good Samaritan act

Any person, who in good faith gratuitously renders emergency care at the scene of an accident or emergency to a victim thereof, shall not be liable for any civil damages for any personal injury resulting from an act or omission by the person rendering the emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, except acts or omissions amounting to gross negligence or willful or wanton misconduct.

The exemptions from civil liability provided by this Chapter shall not apply to the administering of such care where the same is rendered for remuneration or with the expectation of remuneration, or is rendered by any person or agent of a principal who was at the scene of the accident or emergency because he or his principal was soliciting business or performing or seeking to perform emergency care services for remuneration.

Section 2. If any provision of §6801, Title 16 of the Delaware Code, as set forth in Section 1 above, is held to be invalid or unconstitutional, then that section as it existed immediately prior to the effective date of this Act shall be reinstated and the repeal of the section as it existed prior to the effective date of this Act shall be nullified.

Approved June 11, 1974.