HOUSE SUBSTITUTE. NO. 1 TO HOUSE BILL NO. 91
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, Title 16 of the Delaware Code by striking subsection (e) in its entirety and inserting in lieu thereof the following:
"(c) Any persons having attended and successfully completed a course in Advanced Life Support, which has been approved by the State Board of Medical Practices, 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 Board of Medical Practices, 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."
Section 2. Further amend §680I, Title 16 of the Delaware Code by adding a new subsection (d) to read as follows:
"(d) For the purpose of assisting the Board of Medical Practice in developing standards for Advanced Life Support Services, there is hereby created the Advanced Life Support Standards Committee. The Standards Committee shall 7e composed of the chair nen and nineteen (19) members. The eheirman will be appointed by the Board of Medical Practice. The 19 members shall be selected from names submitted to the Board of Medical Practice by resolution of the following respective organizations:
(1) Three representatives of the American College of Emergency Physicians (one representing each county).
(2) One representative from the American College of Surgeon's Committee on Trauma.
(3) One representative from the Medical Society of Delaware.
(1) One representative from the Delaware Chapter of the Emergency Department Nurses Association.
(2) Three active practicing ambulance attendants, one from each county, appointed by respective county Fireman's Association.
(1) One representative from the State of Emergency Medical Services Office.
(1) One representative from the State Fire Prevention Commission.
(1) One representative from New Castle County Government.
(1) One representative from Kent County Government,
(2) One representative from Sussex County Government.
(3) One representative from the City of Wilmington.
(4) One representative from the City of Dover.
(5) One representative from Delaware Chapter of the American Heart Association.
(1) One representative from the Bureau of Health, Planning, and Resources Development Division of the State Department of Health and Social Services.
(2) One representative from Delaware State Fire School.
Each representative shall serve at the pleasure of the organization which he or she represents and his or her successor shall be chosen in a like manner. The Standards Committee will meet at the call of the Chairman of the Standards Committee or the Chairman of the Board of Medical Practice.
The Standards Committee shall provide technical assistance for establishment of minimum standards for Advanced Life Support Services, review curricula for training programs submitted to the Board of Medical Practice referring them back to the board with appropriate recommendations."
Approved May 13, 1982.