Delaware SB309

SA 1

This Amendment does all of the following:
1. Combines the list of health-care professionals who may make capacity determinations and the requirements for making those determinations into a single list, and makes corresponding internal citation changes.
2. Corrects a typographical error.
3. Since 50% of all holders of Delaware driver's licenses and identification cards have already indicated their preferences about organ donation via their driver’s license or identification card, the Optional Form is amended to remind individuals that they may have already indicated their preference and to reinforce that no decision needs to be inserted in this part of the form.
4. Clarifies that § 2523 of Title 16 must not be construed to provide immunity for health care that does not meet the generally accepted health-care standards applicable to the health-care professional or institution. This clarification is made because § 2523 covers process decisions, such as whether a professional complies or doesn't comply with a directive or instruction, not the underlying health care or the quality of that health care.
5. Makes this Act effective 1 year from the Act's enactment and corresponding changes.

: Senate Vote

• Yeas: 19
• Nays: 2

: House Vote

• Yeas: 40
• Nays: 1