16 Del. Admin. Code § 4304-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4304-3.0 - Mandatory elements of DMOST forms

3.1 A DMOST form shall be deemed to be completed and therefore valid for the purposes of this chapter if it:

3.1.1 Contains information indicating the patient's health care preferences;

3.1.2 Has been voluntarily signed by the 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;

3.1.3 Contains a statement that the DMOST form is being signed after discussion with the patient, or if the patient lacks decision-making capacity, with the patient's authorized representative;

3.1.4 Includes the signature of the patient's health care practitioner and the date and time of the health care practitioner's signature;

3.1.5 If the DMOST form is not signed by the heath care practitioner in the presence of the patient, the DMOST form will also be signed by the health care provider in whose presence the patient or, the patient's authorized representative if the patient does not have decision-making capacity, signed the DMOST form;

3.1.6 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 the plain language explanation 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.

16 Del. Admin. Code § 4304-3.0

19 DE Reg. 922( 4/1/2016) (Final)