CHAPTER 328

FORMERLY

SENATE BILL NO. 277

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HEALTH-CARE DECISIONS.

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

Section 1. Amend §2507 (b)(2)a., Title 16 of the Delaware Code, by deleting the phrase “or unless the patient has filed a petition or complaint alleging abuse, as defined in §1401(1) Title 10, of the patient by the spouse”.

Section 2. Amend §2507 (b)(2), Title 16 of the Delaware Code, by deleting from subparagraph d, the word “or”, by deleting from subparagraph e, the period “.”, and substituting in lieu thereof a “;”, and further by adding a new subparagraph “f” to read as follows:

“f. An adult niece or nephew.”

Section 3. Amend §2507 (b)(2), Title 16 of the Delaware Code, by adding at the end of said paragraph the following:

“Individuals specified in this subsection are disqualified from acting as a surrogate if the patient has filed a petition for a Protection From Abuse order against the individual or if the individual is the subject of a civil or criminal order prohibiting contact with the patient.”

Approved July 6, 2004