(a) A health-care professional or health-care institution acting in good faith is not subject to civil or criminal liability or to discipline for unprofessional conduct for any of the following:
- (1) Complying with a health-care decision made for an individual by another person if compliance is based on a reasonable belief that the person has authority to make the decision, including a decision to withhold or withdraw health care.
- (2) Refusing to comply with a health-care decision made for an individual by another person if the refusal is based on a reasonable belief that the person lacked authority or capacity to make the decision.
- (3) Complying with an advance health-care directive based on a reasonable belief that the directive is valid.
- (4) Refusing to comply with an advance health-care directive based on a reasonable belief that the directive is not valid, including a reasonable belief that the directive was not made by the individual or, after its creation, was substantively altered by a person other than the individual who created it.
- (5) Determining that an individual who otherwise might be authorized to act as an agent or default surrogate is not reasonably available.
- (6) Complying with an individual’s direction under § 2509(d) of this title.
- (b) An agent, default surrogate, or individual with a reasonable belief that the individual is an agent or a default surrogate is not subject to civil or criminal liability or to discipline for unprofessional conduct for a health-care decision made in a good faith effort to comply with § 2517 of this title.
- (c) This section 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.
70 Del. Laws, c. 392, § 3; 84 Del. Laws, c. 467, § 1