DMOST Legislation

Read "An Act to Amend Title 16 of the Delaware Code Relating to Delaware Medical Orders for Scope of Treatment Act"

Read "Title 16 - Health and Safety - Regulatory Provisions Concerning Public Health - Chapter 25. Uniform Health-Care Decisions Act"

Read "Title 16 - Health and Safety - Regulatory Provisions Concern Public Health - Chapter 25A. Delaware Medical Orders for Scope of Treatment Act"

Read the proposed form changes in "The Delaware Register of Regulations, April 2017 Issue" (scroll to page 770, the 34th page of the PDF)

Read the adoption of the updated Delaware Medical Orders for Scope of Treatment (DMOST) form in "The Delaware Register of Regulations, September 2017 Issue" (scroll to page 233, the 79th page of the PDF)

The DMOST effort has recently been updated by the passage of several pieces of legislation:

• SB 195 - passed in 2024

1. established the DMOST Steering Committee within DHCC/dhss tasked with coordinating efforts related to ACP/DMOST across the state.

2. created the DMOST coordinator position within DHCC/dhss

3. funded a statewide DMOST education/training program (contracted to DQOLC for first year)

• SB 309 - passed 2025

  1. update to UHCDA (title 16 chap 25)

     • changed witness requirement for AD from 2 to 1 witness

     • expanded process for determination of capacity

     • expanded default surrogate decision maker hierarchy

• SB 274 - passed 2026

  1. updated DMOST form to Delaware POLST to align more closely with National POLST Collaborative model form.