Delaware

An employee or personnel of a political subdivision or fire, rescue, or emergency medical services organization responding to an intrastate mutual aid agreement who provides assistance will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. Click to Learn More

An individual, firm, or corporation who owns or controls real estate and, voluntarily and without compensation, allows it to be used to shelter people during an emergency will not be held legally responsible for death, injury, or damage to a person's property while on their real estate. This section does not apply when the person allowing the use of real estate caused, in whole or in part, the emergency. Click to Learn More

The State or a state employee who, in good faith, performs an official and discretionary duty will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. Click to Learn More

A health care provider who provides life sustaining treatment in an emergency situation when a health care directive is unknown will not be held legally responsible. Click to Learn More

An individual who, voluntarily and without compensation, provides first aid, medical care, or rescue assistance to a person in physical distress will not be held legally responsible for acting or failing to act. They can be held legally responsible for acting with extreme carelessness or intent to cause harm. This section applies to nonprofit member who may or may not receive a salary. This section does not apply when aid, care, or assistance is provided on the premise of a hospital or medical clinic. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment. Click to Learn More

When an emergency declaration is in effect, the State, a political subdivision, an employee of the State or a political subdivision, qualified medical personnel, or an entity performing services will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. This section does not limit a person's right to workers' compensation. Click to Learn More

A registered or licensed practical nurse who, in good faith, provides care at the scene of an emergency or transports a victim to the closest medical facility will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment. Click to Learn More

When a public health emergency declaration is in effect, an out-of-state licensed health professional who is in the state to provide aid will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. Click to Learn More

An individual who, in good faith and without compensation, protects another person against certain, serious criminal acts or a person while at the scene of an attempted crime will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment. Click to Learn More

When a public health emergency declaration is in effect, an out-of-state medical examiner who is in the state to provide aid will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. Click to Learn More

An individual who, in good faith, donates food for use or distribution by a nonprofit organization will not be held legally responsible for the nature, age, condition, or packaging of the food. This section does not apply when the food is being sold by the nonprofit. Click to Learn More

A physician assistant who, in good faith, provides care at the scene of an emergency will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. This section does not apply if the emergency occurs in the physician assistant's place of work. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment. Click to Learn More

A certified or licensed physician, physician assistant, respiratory care practitioner, acupuncturist, or midwife who, in good faith, provides care at the scene of an emergency will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment. Click to Learn More

When a public health emergency declaration is in effect, the Public Health Authority can waive any or all licensing requirements for out-of-state health care professionals if they have an equivalent license or permit in another state. The waiver will only be applicable during the time of the declared emergency. Click to Learn More

When an emergency declaration is in effect, an out-of-state physician, physician assistant, respiratory care practitioner, acupuncturist, or midwife can apply for a temporary emergency certificate to provide care within the State. The Board of Medicine can create restrictions and limit locations and scope of practice of those holding a temporary emergency certificate. Click to Learn More

When an emergency declaration is in effect, a person or entity holding a license, certificate, or permit by a participating political subdivision or for the State in a professional, mechanical, or other skill and provides assistance to a requesting political subdivision will be considered licensed, certified, or permitted in the requesting political subdivision. Click to Learn More

When a public health emergency declaration is in effect, the medical examiner can waive any or all licensing requirements for out-of-state medical examiners if they have an equivalent license or permit in another state. The waiver will only be applicable during the time of the declared emergency. Click to Learn More

When a public health emergency declaration is in effect, the Public Health Authority can waive any or all licensing requirements for out-of-state health care professionals if they have an equivalent license or permit in another state. The waiver will only be applicable during the time of the declared emergency. Click to Learn More

A physician can provide treatment to a patient in an emergency vehicle if the physician is licensed in the state from which the vehicle is departing or is destined. Click to Learn More

When an emergency declaration is in effect, a licensed physician assistant who is responding to the need for medical care created by the emergency is not required to have physician supervision to provide care. Click to Learn More

When a public health emergency declaration is in effect, the Public Health Authority can require licensed health care providers to assist in vaccinations, treatment, examinations, or testing. Click to Learn More

When an emergency declaration is in effect, a licensed health care professional or an unlicensed person at the direction of the Public Health Authority who delivers or assists in the delivery of medical supplies or medication to essential workers is exempt from licensing requirements. The medication and supplies must be in their original containers and properly labelled. A licensed health care provider is required to supervise the delivery. This section does not allow an unlicensed person to deliver an injection. Click to Learn More

A volunteer firefighter, law enforcement officer, ambulance personnel, or a ladies auxiliary member cannot be discriminated against during the hiring or discharging process due to their status as a volunteer firefighter, law enforcement officer, ambulance personnel, or ladies auxiliary member. Click to Learn More

The State can choose to provide workers' compensations for volunteer firefighters who are injured or killed while providing their services. If the State chooses not to provide workers' compensation to volunteer firefighters, the volunteer fire organization can choose to provide workers' compensation to their volunteers who are injured or killed while providing their services. Click to Learn More

An employer cannot demote, terminate, or take any other disciplinary action against an employee who is a volunteer emergency responder if they are absent due to: responding to a state declaration of emergency for up to 7 consecutive days, a national declaration of emergency for up to 14 consecutive days, or sustained an injury due to their response to a state or national declaration of emergency. This section does not apply to essential state employees, members of the armed forces, members of the National Guard, EMTs or paramedics employed by a hospital, or employees of public utilities. Click to Learn More

An employee of Delaware, who is an active volunteer firefighter or auxiliary member, is entitled to leave without loss of pay, vacation, sick leave, or personal leave to respond to an emergency call. Click to Learn More

An employee of a state agency who is a certified disaster service volunteer of the American Red Cross is entitled to leave with regular pay and without loss of seniority, or benefits to participate in disaster relief operations upon request of the American Red Cross. This is limited to 15 work days in a 12 month period either consecutively or nonconsecutively . Click to Learn More

A state employee, who is a certified disaster service volunteer of the American Red Cross, is entitled to leave with regular pay to participate in disaster relief operations upon request of American Red Cross. During leave, the employee will not be considered a state employee for the purposes of workers' compensation or tort claims. This is limited to 15 days in a 12 month period either consecutively or nonconsecutively . Click to Learn More

An employee or personnel of a political subdivision or fire, rescue, or emergency medical services organization responding to an intrastate mutual aid agreement and is injured or killed in the course of providing their services is entitled to workers' compensation. Click to Learn More