CHAPTER 123

FORMERLY

HOUSE BILL NO. 294

AN ACT TO AMEND CHAPTER 17, TITLE 24 OF THE DELAWARE CODE, RELATING TO THE MEDICAL PRACTICES ACT AND THE REPORTING OF WOUNDS OR INJURIES CAUSED BY FIREARMS, STABBINGS, OR POISONINGS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two- thirds of all members elected to each House thereof concurring therein);

Section I. Amend 1762, Chapter 17, Subchapter VI, Title 24 of the Delaware Code by striking said Section in Its entirety and inserting in lieu thereof the following:

§1762. Reports of treatment of wounds or injuries caused by firearms, stabbings and poisonings; failure; penalty.

(a) Every physician attending or treating a stab wound, poisoning by other than accidental means, or a case of bullet wounds, gunshot wounds, powder bums or other injury arising from or caused by the discharge of a gun, pistol or other firearm or whenever such case is treated in a hospital, sanitarium or other hutitution, the manager, superintendent or other person in charge shall report such case as soon as possible to the appropriate police authorities where such physician, hospital, sanitarium or Institution is located. This section shall not apply to such wounds, bums, poisonings or injuries received by a member of the Armed Forces of the United States or the State while engaged In the actual performance of duty.

Whoever fails to make such report shall be fined no less than $25.00.

(b) Any physician or other person who makes a report pursuant to the provisions of this section shall be immune from an award of damages, providing such physician or other person acted in good faith without malice."

Approved July 3, 1985.