CHAPTER 93

FORMERLY

HOUSE BILL NO. 335

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 68, TITLE 16, DELAWARE CODE RELATING TO THE EXEMPTION OF PERSONS FROM LIABILITY WHEN RENDERING EMERGENCY CARE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §6801 of Chapter 68, Title 16, Delaware Code by striking said section in its entirety and inserting in lieu thereof a new §6801 to read as follows:

"§6801. Persons rendering emergency care exempt from liability

(a) Any person who, in good faith, renders emergency care or assistance, without compensation, to any injured person at the scene of an accident, fire or any other place, or en route therefrom to any hospital, medical clinic or doctor's office, shall not be liable for any civil damages for acts or omissions resulting from the rendering of such care or assistance, except acts or omissions amounting to gross negligence or willful or wanton misconduct.

(b) Any emergency medical care attendant or technician possessing a valid certificate issued by authority of the State Fire Prevention Commission, or a duly authorized representative thereof, who in good faith and without remuneration from any injured or ill person, renders emergency care or assistance to any injured or ill person, whether at the scene of an accident, fire or any other place, or while transporting such injured or ill person to, from or between any hospital, medical facility, medical clinic, doctor's office or other similar or related medical facility, shall not be liable for any civil damages for acts or omissions resulting from the rendering of such emergency care, treatment or assistance, except acts or omissions amounting to gross negligence or willful or wanton misconduct.

(c) Any persons having attended and successfully completed a course hi advanced life support, which has been approved by the State Fire Prevention Commission, or a duly authorized representative thereof, who renders or administers emergency cardiopulmonary resuscitation, cardiac defibrillation or other emergency life-sustaining or resuscitative treatments or procedures which have been approved by the State Fire Prevention Commission, or a duly authorized representative thereof, to any sick or injured person, whether at the scene of a fire, an accident or any other place, or while transporting such person to or from any hospital, clinic, doctor's office or other medical facility, shall be deemed qualified to administer such emergency treatments and procedures; and such individual shall not be liable for acts or omissions resulting from the rendering of such emergency resuscitative treatments or procedures, except acts or omissions amounting to gross negligence or willful or wanton misconduct."

Approved July 3, 1979.