Signed by Governor Matt Meyer

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the Board from imposing any sanction for the performance, recommendation, or provision of any healthcare service that is lawful in Delaware even if such performance, recommendation, or provision is for a person who resides in a state where it is illegal.

Highlights:

• Prohibits the Board or the Regulatory Council for Physician Assistants from imposing any sanction for the performance, recommendation, or provision of any healthcare service that is lawful in Delaware even if such performance, recommendation, or provision is for a person who resides in a state where it is illegal or considered to be unprofessional conduct or the unauthorized practice of a physician assistant (Sec. 3).

• Prohibits a person from another state from bringing a civil action against a person for any of the following (Sec. 5.A):

• Terminating or seeking to terminate a pregnancy;

• Performing or inducing the termination of a pregnancy; 

• Knowingly engaging in conduct that aids or abets the performance or inducement of the termination of pregnancy;

• Providing fertility treatment;

• Providing any healthcare service that is unlawful in another state but are lawful in Delaware; or

• Knowingly engaging in conduct that aids or abets the provision of any healthcare service that is unlawful in another state but lawful in Delaware.

• Prohibits the State from doing any of the following (Sec. 5.B):

• Issuing a summons, subpoena, warrant, court order, or other legal process in a case where prosecution is pending, or where a grand jury investigation has started, for a criminal violation of a law described in subsection (A) unless the acts forming the basis of the prosecution or investigation would constitute a crime in Delaware; or

• Issue or enforce a subpoena, summons, warrant, court order, or other legal process for information or testimony issued by another state or government relating to a civil action described in subsection (A).

• Authorizes any person who has been found liable in any state for the alleged provision, receipt, assistance, or material support for healthcare services that are legal in Delaware, to recover damages from any party that brought the action leading to that judgement or has sought to enforce that judgement (Sec. 6.B).

• Specifies that damages include ones created by the action that led to that judgement, including money damages in the amount of the judgement in that other state and costs, expenses, and reasonable attorneys’ fees spent in defending the action that resulted in a judgement from another state (Sec. 6.B).

• Prohibits insurers from increasing premiums on a policy or taking other adverse action against any healthcare professional or organization because the healthcare professional or organization performs or assists in the provision of healthcare services that is legal in this State to an individual who is from another state (Sec. 7).

• Prohibits any officer or employee of a state or local agency, board, or department, including law-enforcement officers, from providing information or assistance to a federal law-enforcement agency, another state’s law-enforcement agency, or a private citizen in relation to an investigation or inquiry about the lawfulness of healthcare services, if the services would be lawful as provided if they occurred entirely in the State (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the Board from imposing any sanction for the performance, recommendation, or provision of any healthcare service that is lawful in Delaware even if such performance, recommendation, or provision is for a person who resides in a state where it is illegal.

Highlights:

• Prohibits the Board or the Regulatory Council for Physician Assistants from imposing any sanction for the performance, recommendation, or provision of any healthcare service that is lawful in Delaware even if such performance, recommendation, or provision is for a person who resides in a state where it is illegal or considered to be unprofessional conduct or the unauthorized practice of a physician assistant (Sec. 3).

• Prohibits a person from another state from bringing a civil action against a person for any of the following (Sec. 5.A):

• Terminating or seeking to terminate a pregnancy;

• Performing or inducing the termination of a pregnancy; 

• Knowingly engaging in conduct that aids or abets the performance or inducement of the termination of pregnancy;

• Providing fertility treatment;

• Providing any healthcare service that is unlawful in another state but are lawful in Delaware; or

• Knowingly engaging in conduct that aids or abets the provision of any healthcare service that is unlawful in another state but lawful in Delaware.

• Prohibits the State from doing any of the following (Sec. 5.B):

• Issuing a summons, subpoena, warrant, court order, or other legal process in a case where prosecution is pending, or where a grand jury investigation has started, for a criminal violation of a law described in subsection (A) unless the acts forming the basis of the prosecution or investigation would constitute a crime in Delaware; or

• Issue or enforce a subpoena, summons, warrant, court order, or other legal process for information or testimony issued by another state or government relating to a civil action described in subsection (A).

• Authorizes any person who has been found liable in any state for the alleged provision, receipt, assistance, or material support for healthcare services that are legal in Delaware, to recover damages from any party that brought the action leading to that judgement or has sought to enforce that judgement (Sec. 6.B).

• Specifies that damages include ones created by the action that led to that judgement, including money damages in the amount of the judgement in that other state and costs, expenses, and reasonable attorneys’ fees spent in defending the action that resulted in a judgement from another state (Sec. 6.B).

• Prohibits insurers from increasing premiums on a policy or taking other adverse action against any healthcare professional or organization because the healthcare professional or organization performs or assists in the provision of healthcare services that is legal in this State to an individual who is from another state (Sec. 7).

• Prohibits any officer or employee of a state or local agency, board, or department, including law-enforcement officers, from providing information or assistance to a federal law-enforcement agency, another state’s law-enforcement agency, or a private citizen in relation to an investigation or inquiry about the lawfulness of healthcare services, if the services would be lawful as provided if they occurred entirely in the State (Sec. 8).

Full Bill Text