1. (a) A hospital shall create a discharge plan for a patient if the patient is identified as pregnant and all of the following apply:

   1. (1) The patient is experiencing signs or symptoms consistent with labor, which may include contractions.
   2. (2) The patient is expected to be discharged before delivery, as determined based on the documented clinical judgment of the treating health-care professional at the time the discharge is contemplated.

2. (b) A discharge plan under this section must be discussed with 1 or more of the following before the patient is discharged:

   1. (1) The patient.
   2. (2) The patient’s agent.
   3. (3) The patient’s lay caregiver.

3. (c) (1) The hospital must include the discharge plan in the patient’s medical record.

   1. (2) If a patient or the patient’s agent declines to participate in the creation of a discharge plan, the hospital must promptly document the refusal in the patient’s medical record.

85 Del. Laws, c. 449, § 1