CHAPTER 180

FORMERLY

SENATE BILL NO. 150

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO MEDICAL PERSONNEL PROVIDING VOLUNTEER MEDICAL SERVICES DURING EMERGENCY OR DISASTER RELIEF OPERATIONS.

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

Section 1. Amend § 3102, Title 20, Delaware Code by renumbering existing § 3102(6) and § 3102(7) as § 3102(7) and § 3102(8) and inserting as new "§ 3102(6)" the following:

"'Qualified medical personnel' means medical personnel who voluntarily provide their services without compensation through participation in a state-recognized group of providers organized for the sole purpose of assisting in emergency or disaster relief operations and activities in connection with any emergency or disaster pursuant to this chapter, such as, but not limited to, a Medical Reserve Corps."

Section 2. Amend § 3129, Title 20, Delaware Code by adding the reference "(a)" before the word "Neither" and by adding the phrase ", nor any qualified medical personnel" after the word "them" and before the word "engaged" and by adding the phrase "the qualified medical personnel or by" after the word "by" and before the word "such".

Section 3. Amend § 3129, Title 20, Delaware Code by inserting as new "§ 3129(b)," "§ 3129(c)" and "§ 3129(d)" the following:

"(b) No act or omission of qualified medical personnel during such relief operations and activities shall affect an insured physician's liability coverage in any way.

(c) Qualified medical personnel may petition a court of competent jurisdiction for a court-appointed attorney to represent the medical provider's interests in any action brought based on the medical provider's acts or omissions during the emergency or disaster relief operations and activities. If the judge, after consideration of the petition, examination of the petitioner and receipt of such further evidence as the judge may require, determines that the petition has merit, the judge shall appoint an attorney to represent the interests of such medical provider. The court may first appoint an attorney from the Department of Justice. If the court determines that the Department is unable to represent the medical provider, the court may appoint an attorney licensed in this State. A court-appointed attorney shall represent the medical provider in all proceedings from the date of appointment until a final determination of the matter has been reached, unless the attorney is earlier released by the medical provider or by the court. This Section shall also apply to all federal courts within this State.

(d) Qualified medical personnel under this Chapter shall be indemnified by the State against any expenses (including attorneys fees and disbursements), judgments, fines and costs, actually and reasonably incurred in defending against the action, suit or proceeding giving rise thereto."

Approved August 7, 2007