CHAPTER 197

FORMERLY

SENATE BILL NO. 192

AN ACT TO AMEND CHAPTER 17, TITLE 24 OF THE DELAWARE CODE RELATING TO PHYSICIANS' RECORDS.

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

Section 1. Amend §1761, Title 24, Delaware Code by designating the current §1761 as subsection (a) thereof and by adding thereto a new subsection (b) as follows:

"(b) Whenever a physician licensed to practice under this Chapter dies and has not transferred his or her records to another physician and has not made provisions for such a transfer to occur at his/her death, the personal representative of the physician's estate shall notify his/her patients of record for the past 3 years by publication in a newspaper of general circulation in the area where the physician practiced. All patients of record who have not requested their records 30 days after publication shall be notified by first class mail by the personal representative of the estate to permit the patients to procure their records."

Section 2. Amend §1761, Title 24, Delaware Code by inserting before the phrase "notification of patients" in the section heading thereof the phrase "death of a physician;"

Approved January 24, 1992.