CHAPTER 46

FORMERLY

SENATE BILL NO. 133

AN ACT TO AMEND CHAPTER 22, TITLE 16, DELAWARE CODE, RELATING TO IMMUNITY TO CERTAIN PERSONS FOR ACTS UNDERTAKEN PURSUANT TO THE UNIFORM ALCOHOLISM AND INTOXICATION TREATMENT ACT.

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

Section 1. Amend §2211, Chapter 22, Title 16, Delaware Code, by striking paragraph (f) in its entirety.

Section 2. Amend Chapter 22, Title 16, Delaware Code, by adding thereto a new section to be designated as §2232 to read as follows:

§2232. Immunity of Persons Acti g in Compliance with Provisions of this Chapter

(a) Any law—enforcement officer, member of emergency service patrol, licensed physician, qualified person acting under the supervision of a licensed physician, or administrator of an approved public treatment facility who acts in compliance with §2210; §2211; §2212 or §2213 of this Chapter shall not be subject to, and shall be immune from, claim, suit, liability, damages or any other recourse, civil or criminal, for any harm resulting from any act or proceeding, decision or determination undertaken or performed or recommendation made unless such harm was intentional or the result of willful or wanton misconduct on his part.

(b) The employer(s) or agent(s) of any law—enforcement officer, member of emergency service patrol, licensed physician, qualified person acting under the supervision of a licensed physician, or administrator of an approved public treatment facility who acts in compliance with §2210; §2211; §2212 or §2213 of this Chapter shall not be subject to, and shall be immune from, claim, suit, liability, damages or any other recourse, civil or criminal, for any harm resulting from any act or proceeding, decision or determination undertaken or performed or recommendation made by such employee(s) or agent(s) unless such harm was intentional or the result of willful or wanton misconduct on the part of the employee or agent which was approved or condoned by the employer."

Approved June 18, 1987.