No member, officer or employee of the Board, the Bureau or health care facility shall be subject to, and such persons shall be immune from, any claim, suit, liability, damages or any other recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken or performed, or recommendations made while discharging any duty or authority under this chapter, so long as such person acted in good faith, without malice, and within the scope of such person’s duty or authority under this chapter or any other provisions of the Delaware law, federal law or regulations or duly adopted rules and regulations providing for the administration of this chapter, good faith being presumed until proven otherwise, with malice to be shown by the complainant.

61 Del. Laws, c. 393, § ?1; 66 Del. Laws, c. 90, § ?1; 69 Del. Laws, c. 251, § ?1; 70 Del. Laws, c. 186, § ?1;

Terms Used In Delaware Code Title 16 Sec. 9310

  • Board: shall mean the Delaware Health Resources Board established pursuant to § 9303 of this title. See Delaware Code Title 16 Sec. 9302
  • Bureau: shall mean the Bureau of Health Planning and Resources Management within the Department of Health and Social Services. See Delaware Code Title 16 Sec. 9302
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: shall mean an individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies and insurance companies), a state or political subdivision or instrumentality (including a municipal corporation) of a state. See Delaware Code Title 16 Sec. 9302
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
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