AN ACT TO AMEND TITLES 10 AND 24 OF THE DELAWARE CODE RELATING TO FERTILITY TREATMENT.

This Act updates House Bill 455 from the 151st General Assembly by providing the same legal protections afforded providers of contraceptive and abortion services to providers of fertility treatment. In summary, this Act does the following: (1) Clarifies that medical professionals who provide fertility treatment care cannot be disciplined for such services even if such services are illegal or considered to be unprofessional conduct or the unauthorized practice of medicine in another state, so long as such services are lawful in this State; (2) Prohibits health care providers from disclosing communications and records concerning fertility treatment without the patient’s authorization in any civil action or proceeding, with some exceptions; (3) Protects health care providers from out-of-state civil actions relating to fertility treatment that is legal in Delaware, including the issuance of a summons or the enforcement of subpoenas relating to such cases; (4) Creates a cause of action for recouperation of out-of-state judgments relating to fertility treatment that is lawful in Delaware; and (5) Prohibits insurance companies from taking any adverse action against health care professionals who provide fertility treatment and services.