Delaware Code Title 16. Health and Safety § 2509A. Mandatory elements of DMOST forms

(1) Contains information indicating a patient’s health-care preferences;

(2) Has been voluntarily signed by a 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) Contains a statement that the DMOST form is being signed after discussion with the patient, or the patient’s authorized representative;

(4) Includes the signature of the patient’s health-care practitioner and the date of the health-care practitioner’s signature;

(5) If the DMOST form is not signed by the heath-care practitioner in the presence of the patient, the DMOST form will be signed by the individual in whose presence the patient or the patient’s authorized representative signed the DMOST form;

(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 a plain language statement 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; and

(7) Meets any other requirements established by regulations to implement or administer this chapter.