Displaying information for All Roles located in Delaware for All Scenarios

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Delaware

Delaware

Liability

Title

Profession

Summary

Liability: Intrastate Mutual Aid

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

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.

Liability: Providing Shelter

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

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.

Liability: Delaware and State Employee

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

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.

Liability: Unknown Health Care Directive

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist,

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.

Good Samaritan Law

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

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.

Liability: Providing Services During an Emergency Declaration

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

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.

Good Samaritan Law: Nurse

Nurse,

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.

Liability: Out-of-State Licensed Health Professional

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

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.

Good Samaritan Law: Intervening During Criminal Activity

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

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.

Liability: Out-of-State Medical Examiner

Other Medical Professional,

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.

Liability: Food Donation

Other Volunteer, Governmental Public Health Official,

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.

Good Samaritan Law: Physician Assistant

Other Medical Professional,

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.

Good Samaritan Law: Medical Professional

Other Medical Professional, Physician,

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.

License Reciprocity

Title

Profession

Summary

License Reciprocity: Public Health Emergency

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

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.

License Reciprocity: Medical Professional

Other Medical Professional, Physician,

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.

License Reciprocity: Interstate Mutual Aid

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

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.

License Recipocity: Medical Examiner

Other Medical Professional,

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.

Scope of Practice

Title

Profession

Summary

License Reciprocity: Public Health Emergency

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

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.

Scope of Practice: Physician in an Emergency Vehicle

Physician, Emergency Medical Services Professional,

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.

Scope of Practice: Physician Assistant Supervision During an Emergency

Other Medical Professional,

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.

Scope of Practice: Requirement to Provide Care during Public Health Emergency

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

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.

License Exemption: Delivery of Health Care Supplies

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

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.

Workers' Benefits

Title

Profession

Summary

Workers' Benefits: Volunteer Firefighter, Law Enforcement, Ambulance Personnel, or Ladies Auxillary Volunteer Leave

Other Volunteer, Emergency Medical Services Professional, Firefighter, Law Enforcement,

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.

Workers' Compensation: Volunteer Firefighter

Firefighter,

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.

Workers' Benefits: Volunteer Emergency Responder Leave

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

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.

Workers' Benefits: State Employee Volunteer Leave

Other Volunteer, Emergency Medical Services Professional, Firefighter, Law Enforcement,

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.

Workers' Benefits: State Agency Employees Volunteer Leave

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

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 .

Workers' Benefits: State Employee Volunteer Leave

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional, Minor or Student,

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 .

Workers' Compensation: Intrastate Mutual Aid

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

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.