CHAPTER 235

FORMERLY

HOUSE BILL NO. 146

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 68, TITLE 16. DELAWARE CODE RELATING TO EXEMPTIONS FROM CIVIL LIABILITY

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

Section 1. Amend Section 6801, Chapter 68, Title 16, Delaware Code by striking subsections (a), (b), and (c) in their entirety and substitute in lieu thereof the following;

§6801. Persons Rendering Emergency Care Exempt from Liability; Advanced Life Support Standards Committee

(a) Notwithstanding any inconsistent provisions of any public or private and

special law, any person who voluntarily, without the expectation of monetary or other compensation from the person aided or treated, renders first aid, emergency treatment or rescue assistance, to a person who is unconscious, ill, Injured or In need of rescue assistance, or any person in obvious physical distress or discomfort shall not be liable for damages for Injuries alleged to have been sustained by such person nor for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such first aid, emergency treatment or rescue assistance, unless It is established that such injuries or such death were caused willfully, wantonly or recklessly or by gross negligence on the part of such person. This Section shall apply to members or employees of nonprofit volunteer or governmental ambulance, rescue or emergency units, whether or not a user or service fee may be charged by the nonprofit unit or the governmental entity and whether or not the members or employees receive salaries or other compensation from the nonprofit unit or the governmental entity. This Section shall not be construed to require a person who Is Ill or Injured to be administered first aid or emergency treatment if such person objects thereto on religious grounds. This Section shall not apply if such first aid or emergency treatment or assistance Is rendered on the premises of a hospital or clinic."

Section 2. Amend §6801, Title 16, Delaware Code by redesignating subsection (d) as subsection (b).

Approved April 25, 1988.