CHAPTER 441

FORMERLY

HOUSE BILL NO. 913

AS AMENDED BY HOUSE AMENDMENT NO. 4

AN ACT TO AMEND CHAPTER 7, TITLE 13, DELAWARE CODE RELATING TO MINORS' CONSENT TO DIAGNOSTIC AND LAWFUL THERAPEUTIC PROCEDURES.

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

Section 1. Amend §708 (a) of Chapter 7, Title 13, Delaware Code, by striking said paragraph (a) in its entirety and substitute a new paragraph (a) to read as follows:

"(a) A minor 12 years of age or over who professes to be either pregnant or afflicted with contagious, infectious or communicable diseases within the meaning of Chapters 5 and 7 of Title 16, or who professes to be exposed to the chance of becoming pregnant, may give written consent to any licensed physician, hospital or public clinic for any diagnostic, preventive, lawful therapeutic procedures, except abortion, medical or surgical care and treatment, including x-rays, by any physician licensed for the practice of medicine or surgery or osteopathic medicine or surgery in this State and by any hospital or public clinic, their qualified employees or agents while acting within the scope of their employment."

Section 2. Amend §708 (b) of Chapter 7, Title 13, Delaware Code, by striking said section in its entirety and substitute a new paragraph (b) to read as follows:

"(b) Consent so given by a minor 12 years of age or over shall, notwithstanding his minority, be valid and legally effective for all purposes, regardless of whether such minor's profession of pregnancy or contagious disease is subsequently medically confirmed, and shall be binding upon such minor, his parents, legal guardians, spouse, heirs, executors and administrators as effectively as if the minor were 21 years of age or over at the time of giving of the consent. A minor giving the consent shall be deemed to have the same legal capacity to act and the same legal obligations with regard to giving consent as if the minor were 21 years of age or over. Consent so given shall not be subject to later disaffirmance by reason of such minority; and the consent of no other person or Court shall be necessary for the performance of the diagnostic and lawful therapeutic procedures, medical or surgical care and treatment rendered such minor."

Section 3. Amend §708 (d) of Chapter 7, Title 13, Delaware Code, by striking said paragraph in its entirety and re-lettering all subsequent paragraphs to read accordingly.

Approved July 11, 1974