CHAPTER 204

FORMERLY

SENATE BILL NO. 220

AS AMENDED BY SENATE AMENDMENT NOS. 1, 2 AND HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 25, PART II, TITLE 16 OF THE DELAWARE CODE RELATING TO A PATIENT'S RIGHT TO TERMINATE TREATMENT.

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

Section 1. Amend §2501, Chapter 25, Part II, Title 16 of the Delaware Code by striking the words and delay the moment of death where death is imminent, whether or not such procedures are utilized" as the same appear in subsection (e).

Section 2. Amend §2501, Chapter 25, Part II, Title 16 of the Delaware Code by striking subsection (d), and substituting in lieu thereof the following:

"(d) 'Declaration' shall mean a witnessed document in writing, voluntarily executed by the declarant in accordance with the requirements of §2503 of this Chapter."

Section 3. Amend §2501, Chapter 25, Part II, Title 16 of the Delaware Code by striking subsection (e) in its entirety; by re-designating present subsection (d) as new subsection (c); and by re-designating each succeeding subsection accordingly.

Section 4. Amend §2502, Chapter 25, Part II, Title 16 of the Delaware Code by striking the words "during a possible pre-stated future incompetency of such person. The declaration shall take effect whenever the circumstances described in the declaration take place, and the fact they have taken place is" as the same appear in subsection (a), and substituting the words "should the declarant be in a terminal condition, as" in lieu thereof.

Section 5. Amend §2503, Chapter 25, Part II, Title 16 of the Delaware Code by striking subsection (e) in its entirety, and inserting in lieu thereof a new subsection (e) to rend as follows:

"Each witness to the declaration shall state in writing that he is not prohibited under subsection (b) of this section from being a witness under the provisions of this Chapter.

Section 6. Amend §2504, Chapter 25, Part II, Title 16 of the Delaware Code by striking subsection (e) in its entirety, and substituting in lieu thereof the following:

"(e) If the declarant is incompetent at the time of the decision to withhold or withdraw life-sustaining procedures, a declaration executed In accordance with §2503 is presumed to be valid. For purposes of this chapter a physician or a health care facility may presume, in the absence of actual notice to the contrary, that an individual who executed a declaration was of sound mind when it was executed. The fact that an individual executed a declaration shall not be considered as an indication of such declarants mental incompetency."

Section 7. Amend §2507, Chapter 25, Part II, Title 16 of the Delaware Code by striking subsection (d) in its entirety.

Section 8. Amend §2506, Chapter 25, Part II, Title 16 of the Delaware Code by striking subsection (c) in its entirety and by redesignating the subsequent subsections accordingly.

Section 9. Amend §2509, Chapter 25, Part II, Title 16 of the Delaware Code by striking said section in its entirety.

Approved July 19, 1983.