reglab/housing_qa huggingface dataset:
16 DE Code § 2514. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25. Health-Care Decisions|§ 2514. Capacity.

§ 2514. Capacity. (a) This chapter does not affect the right of an individual to make health-care decisions while having capacity to do so. (b) An individual is presumed to have capacity to make a health-care decision and to give or revoke an advance health-care directive. 70 Del. Laws, c. 392, §  7;
16 DE Code § 2515. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25. Health-Care Decisions|§ 2515. Accommodation.

§ 2515. Accommodation. Notwithstanding this chapter, an individual who elects to have treatment by spiritual means in lieu of medical or surgical treatment shall not be compelled to submit to medical or surgical treatment. 70 Del. Laws, c. 392, §  7;
16 DE Code § 2516. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25. Health-Care Decisions|§ 2516. Effect of copy.

§ 2516. Effect of copy. A copy of an advance health-care directive or revocation of an advance health-care directive, has the same effect as the original. 70 Del. Laws, c. 392, §  7;
16 DE Code § 2517. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25. Health-Care Decisions|§ 2517. Recognition of advance directives executed in other states.

§ 2517. Recognition of advance directives executed in other states. An advance directive or similar health-care declaration validly executed under the laws of another state in compliance with the laws of that state or of this State is valid for purposes of and subject to the limitations of this chapter. 70 Del. Laws, c. 392, §  7;
16 DE Code § 2518. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25. Health-Care Decisions|§ 2518. Effect on prior declarations and directives.

§ 2518. Effect on prior declarations and directives. Nothing in this chapter shall be construed to modify or affect the terms of any declaration, appointment of agent or durable power of attorney validly executed prior to June 26, 1996, which grants the authority for medical treatment or directs the withholding or withdrawal of medical treatment, except that a prior declaration shall not be interpreted to allow the withdrawal or withholding of artificial nutrition or hydration unless that desire is specifically stated in that directive. If withdrawal or withholding of artificial nutrition or hydration is not specifically addressed in a prior declaration, a health-care provider shall comply with a decision regarding withdrawal or withholding of artificial nutrition or hydration for the patient made by a person then authorized to make health-care decisions for the patient to the extent the agent or surrogate is permitted by this chapter. Nothing in this chapter shall be construed to limit the use of any previous living will forms conforming to law or any other form which meets the requirements of this chapter. 70 Del. Laws, c. 392, §  7;  71 Del. Laws, c. 419, §  1;
16 DE Code § 2519. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25. Health-Care Decisions|§ 2519. Health-care institutions and guardianships for nonacute patients.

§ 2519. Health-care institutions and guardianships for nonacute patients. (a) A health-care institution must, as early as 3 but no later than 5 business days of determining that a patient no longer requires acute care in the health-care institution, provide a written notice to the patient, the patient's surrogate, and, if the patient does not have a surrogate, to any member of the patient's family who is reasonably available, in the descending order of priority set forth in § 2507 of this title, that the health-care institution has concluded that the nonacute patient would benefit from the appointment of a guardian, who shall be fully authorized with powers necessary to transfer the patient from acute care to less restrictive nonacute care, and that a petition for the appointment of a guardian should be filed within 10 business days of the date of the notice. (b) If the process of appointing a guardian for the nonacute patient has not been initiated within the period set forth in the notice required under subsection (a) of this section, the institution shall provide a second written notice to the patient, the patient's surrogate, and if the patient does not have a surrogate, to any member of the patient's family who is reasonably available, in the descending order of priority set forth in § 2507 of this title, that the petition for the appointment of a guardian must be filed within 10 business days of the date of the second notice, or the institution will initiate the process of appointing a guardian.  (c) If the process of appointing a guardian for the nonacute patient has not been initiated within the time set forth in the second notice required under subsection (b) of this section, or if a guardian who is fully authorized with powers necessary to transfer the patient from acute care to less restrictive nonacute care has not been appointed within 30 days from the date of the filing of a petition for appointment of a guardian, the health-care institution may initiate the process of appointing a guardian.  82 Del. Laws, c. 270, § 1;
16 DE Code § 2501A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25A. Delaware Medical Orders for Scope of Treatment Act|§ 2501A. Short title.

§ 2501A. Short title. This chapter shall be known and may be cited as the “Delaware Medical Orders for Scope of Treatment Act” (“DMOST Act”). 80 Del. Laws, c. 18, §  1;
16 DE Code § 2502A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25A. Delaware Medical Orders for Scope of Treatment Act|§ 2502A. Statement of purpose.

§ 2502A. Statement of purpose. (a) An adult individual who has decision-making capacity has the right to refuse medical or surgical treatment in order to allow natural death if such refusal is not contrary to existing public health laws. (b) An adult individual with decision-making capacity has the right to plan ahead for health-care decisions through an advance health-care directive pursuant to Chapter 25 of this title, or through a DMOST form pursuant to this chapter or both, and to have the wishes expressed in those documents respected, subject to certain limitations, in order to ensure that the right to control decisions about one's own health care is not lost if a patient loses decision-making capacity and is not able to participate actively in making his or her own decisions, either temporarily or permanently. (c) An advance health-care directive is recommended for every adult whether or not the individual anticipates a period of incapacity. (d) The DMOST form is separate from and is not an advance health-care directive. It expresses an individual's wishes regarding scope of treatment through medical orders. The DMOST form does not require an advance health-care directive. (e) Data reveal that many individuals may reside or be situated in multiple locations such as home, acute care, and post-acute care settings near the end of life. Changes in such settings require that an easily understood, standardized, portable document be available to communicate the individual's care preferences. A DMOST form provides such a document. 80 Del. Laws, c. 18, §  1;  70 Del. Laws, c. 186, §  1;
16 DE Code § 2504A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25A. Delaware Medical Orders for Scope of Treatment Act|§ 2504A. Duty of patient's authorized representative.

§ 2504A. Duty of patient's authorized representative. (a) At such time as a patient lacks decision-making capacity, the patient's authorized representative shall make a health-care decision to treat, withdraw, or withhold treatment in accordance with the patient's individual instructions as expressed in an advance health-care directive or DMOST form, if any, and other wishes to the extent known, or, if a guardian appointed pursuant to Chapters 39 and 39A of Title 12, in accordance with the authority granted by the appointing court. The patient's authorized representative shall have the power to make any health-care decision authorized under this chapter unless limited by the order of a court of competent jurisdiction or limited in the document provided by the authorized representative as evidence of his or her authority. (b) If the patient's instructions or wishes are not known or clearly applicable, the authorized representative's decision shall conform as closely as possible to what the patient would have done or intended under the circumstances. To the extent the authorized representative knows or is able to determine, the authorized representative's decision shall take into account the following nonexclusive list of factors, if applicable:  (1) The patient's personal, philosophical, religious, and ethical values. (2) The patient's likelihood of regaining decision-making capacity. (3) The patient's likelihood of death. (4) The treatment's burdens on and benefits to the patient. (5) Reliable oral or written statements previously made by the patient, including, but not limited to, statements made to family members, friends, health-care providers, or religious leaders. (c) The decision of an authorized representative regarding whether life-sustaining procedures should be provided, withheld, or withdrawn shall not be based on a patient's status either as an individual with a preexisting long-term mental or physical disability, or as an individual who is economically disadvantaged. 80 Del. Laws, c. 18, §  1;  70 Del. Laws, c. 186, §  1;
16 DE Code § 2505A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25A. Delaware Medical Orders for Scope of Treatment Act|§ 2505A. Powers and duties of Department of Health and Social Services.

§ 2505A. Powers and duties of Department of Health and Social Services. (a) The Secretary of the Department of Health and Social Services shall be authorized to promulgate regulations and develop protocols to fulfill the following responsibilities:  (1) Promulgation of a DMOST form and development of the process for completion, modification, and revocation of the DMOST form including training requirements. (2) Promotion of awareness among health-care practitioners, health-care providers, emergency-care providers, and the general public in this State about the option to complete a DMOST form. (3) Training of emergency-care providers about the use and application of a DMOST form. (4) Development of additional requirements for the completion of a DMOST form that may be applicable in the case of a patient with mental illness or a developmental disability in consultation with organizations that represent individuals with mental illness and development disabilities, respectively. (5) Ongoing evaluation of the design and use of DMOST forms through the use of such data as the Department determines reasonably necessary for that purpose. (b) The Secretary of the Department of Health and Social Services shall be authorized to seek the imposition of civil monetary penalties under this chapter. 80 Del. Laws, c. 18, §  1;
16 DE Code § 2506A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25A. Delaware Medical Orders for Scope of Treatment Act|§ 2506A. Powers and duties of the Department of State.

§ 2506A. Powers and duties of the Department of State. The Secretary of State is authorized to promulgate regulations and develop protocols for the education of all health-care providers under its licensing or certification jurisdiction. 80 Del. Laws, c. 18, §  1;
16 DE Code § 2507A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25A. Delaware Medical Orders for Scope of Treatment Act|§ 2507A. Delaware Health Information Network.

§ 2507A. Delaware Health Information Network. The Delaware Health Information Network (DHIN) is authorized to create an electronic registry to maintain and store executed DMOST forms and make them available to emergency-care providers, health-care providers and health-care institutions. 80 Del. Laws, c. 18, §  1;
16 DE Code § 2508A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25A. Delaware Medical Orders for Scope of Treatment Act|§ 2508A. Obligation to treat.

§ 2508A. Obligation to treat. A health-care practitioner, health-care provider, health-care institution, or emergency-care provider shall treat a patient who has a completed DMOST form in accordance with the directions and options indicated in such DMOST form, except as otherwise provided in this chapter. 80 Del. Laws, c. 18, §  1;
16 DE Code § 2509A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25A. Delaware Medical Orders for Scope of Treatment Act|§ 2509A. Mandatory elements of DMOST forms.

§ 2509A. Mandatory elements of DMOST forms. A DMOST form shall be deemed to be completed and therefore valid for the purposes of this chapter if it:  (1) Contains information indicating a patient's health-care preferences; (2) Has been voluntarily signed by a patient or by another individual subscribing the patient's name in the patient's presence and at the patient's express direction, or, if the patient does not have decision-making capacity, by the patient's authorized representative; (3) Contains a statement that the DMOST form is being signed after discussion with the patient, or the patient's authorized representative; (4) Includes the signature of the patient's health-care practitioner and the date of the health-care practitioner's signature; (5) If the DMOST form is not signed by the heath-care practitioner in the presence of the patient, the DMOST form will be signed by the individual in whose presence the patient or the patient's authorized representative signed the DMOST form; (6) The DMOST form shall include a statement that the patient or, if the patient does not have decision-making capacity, the patient's authorized representative, has been provided with a plain language statement explaining the DMOST form and the consequences of executing the DMOST form, including whether or not the DMOST form may be changed if the patient lacks decision-making capacity; and (7) Meets any other requirements established by regulations to implement or administer this chapter.80 Del. Laws, c. 18, §  1;
16 DE Code § 2510A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25A. Delaware Medical Orders for Scope of Treatment Act|§ 2510A. Recognition of medical orders from other states.

§ 2510A. Recognition of medical orders from other states. A document executed in another state, which meets the requirements of this chapter for a DMOST form or the requirements of the state where such document was executed or the state where the patient was a resident at the time the document was executed, shall be deemed to be valid for the purposes of this chapter to the same extent as a DMOST form valid under this chapter. 80 Del. Laws, c. 18, §  1;
16 DE Code § 2511A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25A. Delaware Medical Orders for Scope of Treatment Act|§ 2511A. Modification or revocation of DMOST forms.

§ 2511A. Modification or revocation of DMOST forms. (a) A patient with decision-making capacity, may, at any time, void his or her completed DMOST form or otherwise request alternative treatment to the treatment that was ordered on the DMOST form. (b) If the orders in a patient's completed DMOST form regarding the use of any intervention specified therein conflict with the patient's more recent oral or written directive to the patient's health-care practitioner, the health-care practitioner shall honor the more recent directive from the patient in accordance with the provisions of subsection (d) of this section. (c) The patient's authorized representative may, at any time after the patient loses decision-making capacity and after consultation with the patient's health-care practitioner, request the health-care practitioner to modify or void the completed DMOST form, or otherwise request alternative treatment to the treatment that was ordered on the DMOST form, as the patient's authorized representative deems necessary to reflect the patient's health status or goals of care, unless the patient expressly limits the authorized representative's authority to modify or void the completed DMOST form. The DMOST form shall provide the patient with the option to authorize or not to authorize the patient's authorized representative to void or modify the patient's completed DMOST form if the patient who has a completed DMOST form loses decision-making capacity. If the patient indicates on the DMOST form that the authorized representative is not authorized to void or modify the patient's completed DMOST form, the patient's authorized representative may not do so. (d) A DMOST form may only be modified in consultation with the patient's health-care practitioner in accordance with the provisions of the applicable regulations. 80 Del. Laws, c. 18, §  1;  70 Del. Laws, c. 186, §  1;
16 DE Code § 2512A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25A. Delaware Medical Orders for Scope of Treatment Act|§ 2512A. Resolution of conflicts.

§ 2512A. Resolution of conflicts. (a) In the event of a disagreement between the patient's authorized representative and the patient's health-care practitioner concerning the patient's decision-making capacity or the appropriate interpretation and application of the terms of a completed DMOST form regarding the patient's course of treatment, the parties:  (1) May seek to resolve the disagreement by means of procedures and practices established by the health-care institution, including, but not limited to, consultation with an institutional ethics committee, or with an individual designated by the health-care institution for this purpose; or (2) May seek resolution by a court of competent jurisdiction. (b) A health-care provider involved in the patient's care or an administrator of a health-care institution may seek to resolve a disagreement concerning the appropriate interpretation and application of the terms of a completed DMOST form to the patient's course of treatment in the same manner as set forth in subsection (a) of this section. 80 Del. Laws, c. 18, §  1;
16 DE Code § 2513A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25A. Delaware Medical Orders for Scope of Treatment Act|§ 2513A. Conflicting directives.

§ 2513A. Conflicting directives. (a) The patient's scope of treatment shall be governed by the latest directive available. (b) If the treatment directives of a later advance health-care directive conflict with the patient's directives on a DMOST form, a health-care practitioner shall be informed so that the DMOST form can be modified or voided in order to reflect that patient's later directive. (c) If there is a conflict between the patient's expressed oral or written directives, the DMOST form, or the decisions of the patient's authorized representative, the patient's last expressed oral or written directives shall be followed and, if necessary, a new DMOST form shall be prepared and executed. 80 Del. Laws, c. 18, §  1;
16 DE Code § 2514A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25A. Delaware Medical Orders for Scope of Treatment Act|§ 2514A. Safeguards.

§ 2514A. Safeguards. Any individual or entity may petition the Court of Chancery for appointment of a guardian of the person of a patient if that individual or entity has good reason to believe that the withdrawal or withholding of health care in a particular case:  (1) Is contrary to the most recent expressed wishes of a patient; (2) Is predicated on an incorrect assessment of the patient's decision-making capacity; (3) Is being proposed pursuant to a DMOST form that has been falsified, forged, or coerced; (4) Is being considered without knowledge of a revocation of a completed DMOST form which has been unlawfully concealed, destroyed, altered, or cancelled; or (5) Is based on a patient's status either as an individual with a preexisting long-term mental or physical disability, or as an individual who is economically disadvantaged.80 Del. Laws, c. 18, §  1;
16 DE Code § 2515A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25A. Delaware Medical Orders for Scope of Treatment Act|§ 2515A. Immunity.

§ 2515A. Immunity. A health-care institution, health-care practitioner, or health-care provider acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care institution, health-care practitioner, or health-care provider is not subject to civil or criminal liability or to discipline for unprofessional conduct for:  (1) Complying with a DMOST form signed by a health-care practitioner apparently having authority to make a DMOST for a patient, including a decision to withhold or withdraw health care; (2) Declining to comply with a DMOST form based on a belief that the health-care practitioner then lacked authority to sign a DMOST; (3) Complying with a DMOST form and assuming that the DMOST form was valid when made and has not been modified or voided; (4) Providing life-sustaining treatment in an emergency situation when the existence of a DMOST form is unknown; or (5) Declining to comply with a DMOST form because the DMOST form is contrary to the conscience or good faith medical judgment of the health-care practitioner or the written policies of the health-care institution.80 Del. Laws, c. 18, §  1;
16 DE Code § 2516A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 25A. Delaware Medical Orders for Scope of Treatment Act|§ 2516A. Assumptions and presumptions.

§ 2516A. Assumptions and presumptions. (a) Neither the execution of a DMOST form under this chapter nor the fact that health care is withheld or withdrawn from a patient in accordance therewith shall, for any purpose, constitute a suicide. (b) The completion of a DMOST form pursuant to this chapter shall not be deemed or presumed to modify the terms of an existing insurance policy. No policy of insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of health care from an insured patient, notwithstanding any term of the policy to the contrary. (c) No health-care institution, health-care provider, health-care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, nonprofit hospital service plan, or any other type of direct or indirect provider of health-care benefits or services, shall require any individual to execute a DMOST form as a condition to being insured, to receiving care, or to being admitted to a health-care institution in order to receiving health-care services. 80 Del. Laws, c. 18, §  1;