16 Del. C. § 4733 — Delaware Code / Title 16 / Chapter 47 / Subchapter III / Section 4733
§ Â
        4733. Registration; rights of registrants.
Status: in_force

(a) The Secretary shall register an applicant as a pharmacy, distributor, manufacturer, practitioner, researcher or other controlled substance registrant for purposes of manufacturing, distributing or dispensing, some or all of the controlled substances included in Schedules I-V who has an active, relevant underlying professional license in the State, or holds a practice privilege, interstate compact license, an interstate telehealth registration, or a military registration, unless the Secretary determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the Secretary shall consider the following factors:

(1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels;

(2) Compliance with applicable federal, state and local law, including but not limited to such requirements as having a license to practice as a practitioner or having documented training and continuing education as a drug detection animal trainer;

(3) Any convictions of the applicant under any federal and state laws relating to any controlled substance;

(4) Past experience in the manufacture or distribution of controlled substances and the existence in the applicant’s establishment of effective controls against diversion;

(5) Furnishing by the applicant of false or fraudulent material in any application filed under this chapter;

(6) Suspension or revocation of the applicant’s federal registration to manufacture, distribute, prescribe, dispense or research controlled substances as authorized by federal law;

(7) Any professional license disciplined in any jurisdiction; and

(8) Any other factors relevant to the public interest.

(b) Registration under subsection (a) does not entitle a registrant to manufacture, research and distribute controlled substances in Schedule I or II other than those specified in the registration.

(c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V if they are authorized to dispense or conduct research under the law of this State. The Secretary need not require separate registration under this subchapter for practitioners engaging in research with nonnarcotic controlled substances in Schedules II through V where the registrant is already registered under this subchapter in another capacity. Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this State upon furnishing the Secretary evidence of that federal registration.

(d) Compliance by manufacturers and distributors with the federal law respecting registration (excluding fees) entitles them to be registered under this chapter.
16 Del. C. § 6653 — Delaware Code / Title 16 / Chapter 66A / Section 6653
§ Â
        6653. Attachment and assignment of benefits.
Status: in_force

Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer.
16 Del. C. § 934 — Delaware Code / Title 16 / Chapter 9 / Subchapter III / Section 934
§ Â
        934. Confidentiality of records related to investigations and reviews.
Status: in_force

(a) The records of the Commission or the Commission’s committees, panels, staff, contractors, or volunteers, including original documents and documents produced in the investigation and review process with regard to the facts and circumstances of each death, near death or suspected human trafficking of a child, are confidential and may not be released to any person except as expressly provided by this subchapter. Such records may be used by the Commission or the Commission’s committees, panels, staff, contractors, or volunteers, only in the exercise of the proper functions of the Commission and its staff. Such records, together with the summary information, findings, and recommendations therefrom are not public records, are not available for Court subpoena or subject to discovery, are not admissible into evidence or otherwise in any civil, criminal, administrative, or judicial proceeding, and are not considered binding under claim or issue preclusion doctrines. Except where constitutional provisions require otherwise, statements, records, or information are not subject to any statute or rule that would require those statements, records, or information to be disclosed in the course of a civil, criminal, or administrative trial, or associated discovery. Aggregate statistical data compiled by the Commission or its staff, however, may be released at the discretion of the Commission or its staff.

(b) No person in attendance at a meeting of the Commission, or any of its committees or panels, is required to testify as to what transpired at such meeting in any forum including any civil, criminal, administrative, or judicial proceeding.
16 Del. C. § 6608D — Delaware Code / Title 16 / Chapter 66D / Section 6608D
§ Â
        6608D. Enforcement and penalties.
Status: in_force

Any person who violates this chapter shall be assessed a civil penalty of $100 for each day of noncompliance payable to the Office of State Fire Marshal.
16 Del. C. § 3002J — Delaware Code / Title 16 / Chapter 30J / Section 3002J
§ Â
        3002J. Designation of a lay caregiver.
Status: in_force

(a) A hospital shall provide a patient or a patient’s agent at least 1 opportunity to designate at least 1 lay caregiver under this chapter following the patient’s admission into a hospital and before the patient’s discharge to a residence.

(b) A hospital shall record the patient’s designation of a lay caregiver and the lay caregiver’s contact information in the patient’s electronic health record maintained by the hospital or in the patient’s electronic health record contained in the Delaware Health Information Network.

(c) A hospital shall allow a patient or a patient’s agent to change the individual designated as a lay caregiver by the patient or the patient’s agent in the event that the individual designated as a lay caregiver becomes unavailable, unwilling, or unable to provide aftercare for the patient.

(d) The designation of an individual as a lay caregiver by a patient or a patient’s agent under this chapter does not obligate the individual to accept the role of lay caregiver for the patient.

(e) This chapter may not be construed to require a patient to designate a lay caregiver.

(f) If a patient or a patient’s agent declines to designate a lay caregiver under this section, a hospital shall promptly document the refusal to designate a lay caregiver in the patient’s medical record.

(g) A hospital may not allow the ability of a patient or a patient’s agent to appoint a lay caregiver or the refusal or failure to appoint a lay caregiver by a patient or a patient’s agent to interfere with, delay, or otherwise affect the services provided to the patient by the hospital.
16 Del. C. § 808A — Delaware Code / Title 16 / Chapter 8A / Section 808A
§ Â
        808A. Early Hearing Detection and Intervention (EHDI) Advisory Board.
Status: in_force

There shall be established an Early Hearing Detection and Intervention Advisory Board (“Board”) that will advise the Secretary on issues relating to the newborn hearing evaluation, intervention, treatment, and follow-up care for infants and children with hearing loss. Members shall be appointed by the Governor and serve 3-year terms that are renewable. The Board shall have 12 members.

(1) The Department shall provide administrative support services required for the Board. Members shall receive no compensation for their services as members.

(2) The Board shall act by majority vote and as required by this State’s Administrative Procedures Act [Chapter 101 of Title 29]. The Board shall have the authority to adopt rules to implement this chapter.

(3) The Board membership shall consist of 1 of each the following:

Audiologist;

Speech-language pathologist;

Pediatrician/neonatologist;

Otolaryngologist;

Neonatal nurse;

The Secretary of the Department of Health and Social Services or designee;

An adult who is deaf or hard of hearing;

Parent of a child with a hearing loss;

Teacher of children with hearing loss;

A representative from the designated agency responsible for the Individuals with Disabilities Education Act (IDEA) Part C [20 U.S.C. § 1431 et seq.];

A representative from the Department of Education Early Childhood Workgroup; and

A representative from the Statewide Programs for Deaf and Hard of Hearing.
16 Del. C. § 3305 — Delaware Code / Title 16 / Chapter 33 / Section 3305
§ Â
        3305. Adulteration of confectionery.
Status: in_force

Confectionery is deemed to be adulterated if it contains terra alba, barytes, talc, chrome yellow or other mineral substance or poisonous color or flavor or other ingredient deleterious or detrimental to health, or any vinous, malt or spirituous liquor or compound or narcotic drug.
16 Del. C. § 3318 — Delaware Code / Title 16 / Chapter 33 / Section 3318
§ Â
        3318. Complaint of violations of Ââ3317; procedure for entry, sampling and testing; costs; certificate as evidence.
Status: in_force

(a) If any person makes complaint in writing, verified by oath or affirmation before any justice of the peace or other court having criminal jurisdiction, alleging that the complainant has probable cause to suspect and does suspect and believe that any person, by that person’s own self or by that person’s servants or agents, has sold or offered or exposed for sale or has in that person’s own possession with intent to sell, any meat or flesh of any animal to be used for food which has been treated with or which contains any drug or preparation as mentioned in § 3317 of this title, and in the complaint describes such meat as particularly as may be and designates the house or place where complainant suspects and believes such meat or flesh is kept or sold and the name of the persons suspected, the justice of the peace or such court may, within the limits of the justice of the peace’s or its jurisdiction, issue a warrant to search such house or place.

(b) The warrant shall be directed to any officer or to any other person by name for service and shall recite the essential parts alleged in the complaint, and the officer or other person to whom it shall be directed for service shall proceed thereunder as provided in subsection (c) of this section.

(c) The officer or person to whom the warrant is directed may enter the house or place designated and, if the officer or person finds therein what the officer or person believes to be any meat or flesh such as is described in § 3317 of this title, the officer or person shall take a sample or samples for the purpose of having the same analyzed or tested as provided in this section. To obtain such sample or samples the officer or other person to whom the warrant is directed may cut pieces from any such meat or flesh by the officer or person believed to be treated with or containing any drug or preparation within the meaning of § 3317 of this title. The officer or other person to whom the warrant is directed, when taking a sample or samples of meat or flesh, shall then and there divide the samples into 2 parts as nearly equal as may be, wrap the parts in separate packages, seal the same and offer 1 of the parts to the person in whose custody the meat was when taken with a written notice of the time, place and date, when and where the sample was taken, and that it was taken for the purpose of analyzing or testing it. The other part of the sample, together with a written copy of the written notice, shall be delivered by the officer or other person to whom the warrant is directed to the State Chemist, who shall cause the same to be analyzed or otherwise satisfactorily tested, the result of which analysis or test the State Chemist shall record and preserve as evidence.

(d) The officer or other person to whom the warrant was directed shall, within 1 week after delivery to the State Chemist, return the warrant with officer’s or other person’s proceedings thereunder and the costs and actual expenses endorsed thereon to the justice of the peace or court, the costs to correspond in amount as nearly as may be with the costs to which an officer serving a search warrant would thereby be entitled.

(e) After the sample has been delivered to the State Chemist, the State Chemist shall, with all convenient speed, analyze or test the same and upon the completion thereof shall forward to the Attorney General a certificate of the result thereof, duly verified by oath or affirmation, and the certificate so verified shall be admitted as evidence in any prosecution under §§ 3317 and 3319 of this title.

(f) The provisions of this section relating to searches and seizures shall be subject to Chapter 23 of Title 11. If there is any conflict or inconsistency between this section and such chapter, the latter shall prevail.
16 Del. C. § 9503 — Delaware Code / Title 16 / Chapter 95 / Section 9503
§ Â
        9503. Rules of the road.
Status: in_force

The driver of a vehicle approaching a pedestrian who is totally or partially blind who is carrying a cane predominately white or metallic in color (with or without a red tip) or using a guide dog shall take all necessary precautions to avoid injury to such pedestrian who is blind, and any driver who fails to take such precautions shall be liable in damages for any injury caused to such pedestrian. A pedestrian who is totally or partially blind not carrying such a cane or using a guide dog in any of the places, accommodations or conveyances listed in § 9502 shall have all of the rights and privileges conferred by law upon other persons and the failure of a pedestrian who is totally or partially blind to carry a cane or use a dog in any such places, accommodations or conveyances shall not be conclusively held to constitute nor be evidence of contributory negligence.
16 Del. C. § 706 — Delaware Code / Title 16 / Chapter 7 / Subchapter I / Section 706
§ Â
        706. Examination and treatment of prisoners.
Status: in_force

(a) Prison authorities of any state, county or city prison shall ensure that all persons confined or imprisoned in their respective prisons are provided services for the examination, treatment and cure, if possible, of STDs as may be required according to accepted medical practice. Prison medical staff shall adhere to current STD medical protocols established by the Division of Public Health for persons confined or imprisoned; shall inform the Division of Public Health when a person or persons infected with or suspected to have an STD is released from prison without appropriate treatment, counseling or examination; and shall allow the Division of Public Health to examine medical records or other medical information to ensure that appropriate STD medical practices are followed.

(b) Prison authorities of any state, county or city prison shall make available to the Division of Public Health such portion of any state, county or city prison as may be necessary to isolate or quarantine persons known or suspected to have an STD of a communicable nature under the provisions of §§ 703, 704 and 705 of this title, provided that no other suitable place for such isolation or quarantine is available, and shall cooperate with the Division of Public Health in the provision of care and treatment to such persons.
16 Del. C. § 4797 — Delaware Code / Title 16 / Chapter 47 / Subchapter VII / Section 4797
§ Â
        4797. Statewide authorized tamper resistant prescription forms.
Status: in_force

(a) Every prescription written in this State by a practitioner shall be written on a statewide authorized tamper-resistant prescription form. This section shall not apply to prescriptions generated within a licensed medical facility that results in the internal dispensing of prescription drugs to any patient receiving treatment in that facility, nor to tamper-resistant prescription forms electronically generated within a licensed medical facility that meet the criteria established by the rules and regulations promulgated under this section.

(b) “Statewide tamper-resistant prescription pads” shall be defined as a prescription pad, which has been authorized by the State for use, and meets the following criteria:

(1) Prevention of unauthorized copying,

(2) Prevention of erasure or modification; and

(3) An ability to prevent counterfeit prescription forms.

(c) The Secretary of the Department of State, upon the recommendation of the Controlled Substance Advisory Committee, may promulgate rules and regulations to implement the provisions of this section.
16 Del. C. § 7111 — Delaware Code / Title 16 / Chapter 71 / Section 7111
§ Â
        7111. Notice to affected persons.
Status: in_force

Any person engaged in blasting shall make reasonable efforts to notify persons residing in areas that may be affected by blasting, and businesses, schools, churches and other public and private enterprises located in areas that may be affected by blasting of the intent to engage in blasting and the schedule for blasting, including the dates and times during which the person will engage in blasting. For purposes of this section, “any person” shall not include law enforcement officers acting within the scope of their duties.
16 Del. C. § 3002B — Delaware Code / Title 16 / Chapter 30B / Section 3002B
§ Â
        3002B. Purpose.
Status: in_force

The purpose of this chapter is to provide payment assistance for prescription drugs and certain Medicare Part D costs to Delaware’s low-income senior and disabled citizens who are ineligible for, or do not have, prescription drug benefits or coverage through federal, excluding Medicare Part D coverage; state; or private sources.
16 Del. C. § 1146 — Delaware Code / Title 16 / Chapter 11 / Subchapter V / Section 1146
§ Â
        1146. Mandatory drug screening.
Status: repealed

(a) [Repealed.]

(b) An employer may not employ any applicant without first obtaining the results of that applicant’s mandatory drug screening.

(c) All applicants, with the exception of a self-employed individual seeking employment from a private person to provide services in a private residence, must submit to mandatory drug screening, as specified by regulations promulgated by the Department. The requirement for drug screening for self-employed persons seeking employment in a private residence is left to the discretion of the individual in need of care in the private residence.

(d) The Department shall promulgate regulations regarding the pre-employment screening of all applicants for use of the following illegal drugs:

(1) Marijuana/cannabis.

(2) Cocaine.

(3) Opiates.

(4) Phencyclidine (“PCP”).

(5) Amphetamines.

(6) Any other illegal drug specified by the Department under regulations promulgated under this section.

(e) An employer may not employ an applicant for work in a private residence before getting the results of that applicant’s drug screening. Upon request, the results of the drug screen must be provided upon the applicant’s commencement of work to the person for whom the services are to be provided, or to the person’s authorized representative.

(f) The employer must provide confirmation of the drug screen in the manner prescribed by the Department’s regulations.

(g) Any employer who fails to comply with the requirements of this section is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
16 Del. C. § 3112 — Delaware Code / Title 16 / Chapter 31 / Subchapter I / Section 3112
§ Â
        3112. Immunity.
Status: in_force

No employee of the Office of Vital Statistics or other state offices established or designated under § 3105(b) of this title shall be subject to, and such persons shall be immune from any claim, suit, liability or damages or any other recourse, civil or criminal, arising from any act or proceedings, decision or determination undertaken or performed while discharging any duty or authority under this chapter, so long as such person acted in good faith, without gross negligence, and within the scope of the person’s own 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 gross negligence required to be shown by the complainant.
16 Del. C. § 2907 — Delaware Code / Title 16 / Chapter 29 / Section 2907
§ Â
        2907. Administrative penalties.
Status: in_force

(a) Any person who violates any provision of this chapter or any rule or regulation promulgated pursuant thereto shall be subject to an administrative penalty of $100 for a first violation and not less than $250 for each subsequent violation.

(b) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the Department of Labor pursuant to this chapter, or because the employee has caused to be instituted or is about to cause to be instituted any proceedings under this chapter, or testified or is about to testify in any such proceedings, shall be deemed in violation of this chapter and shall be subject to a civil penalty of not less than $2,000 nor more than $10,000 for each violation.
16 Del. C. § 2901 — Delaware Code / Title 16 / Chapter 29 / Section 2901
§ Â
        2901. Legislative intent.
Status: in_force

The General Assembly finds that it is in the best interest of the people of this State to protect nonsmokers from involuntary exposure to environmental tobacco smoke and emissions produced by electronic smoking devices in most indoor areas open to the public, public meetings, food service establishments and places of employment.

The General Assembly recognizes that a balance should be struck between the health concerns of nonconsumers of tobacco products and the need to minimize unwarranted governmental intrusion into and regulation of private spheres of conduct and choice with respect to the use or nonuse of tobacco products in certain designated public areas and in private places. Therefore, the General Assembly declares that the purpose of this act is to preserve and improve the health, comfort and environment of the people of this State by limiting exposure to tobacco smoke and emissions produced by electronic smoking devices.
16 Del. C. § 4806B — Delaware Code / Title 16 / Chapter 48B / Section 4806B
§ Â
        4806B. Policies and procedures.
Status: in_force

(a) The Secretary of the Department of Health and Social Services shall develop necessary policies and procedures and promulgate necessary regulations to implement § 4803B of this title.

(b) The Secretary of State shall develop necessary policies and procedures and promulgate necessary regulations to implement § 4804B of this title.
16 Del. C. § 6824 — Delaware Code / Title 16 / Chapter 68 / Subchapter III / Section 6824
§ Â
        6824. Authority of the Division of Public Health and the Department of Agriculture.
Status: in_force

This subchapter does not restrict or preempt the authority granted to the Division of Public Health or the Department of Agriculture by other law to inspect, regulate, or ban food.
16 Del. C. § 10213A — Delaware Code / Title 16 / Chapter 102A / Subchapter II / Section 10213A
§ Â
        10213A. Disbursements from the Fund.
Status: in_force

(a) The Division may not expend the moneys in the Fund except under an appropriation authorized in the annual appropriation act or annual bond and capital improvement act.

(b) Moneys in the Fund may be expended for any of the following purposes in furtherance of the administration of this chapter:

(1) Establishing, operating, maintaining, and improving 988 or crisis intervention services, including personnel costs, technology, and infrastructure enhancements necessary to achieve operational and clinical standards and evidence-based best practices.

(2) Establishing, operating, or contracting for crisis teams for adults and children.

(3) Recruiting and retaining qualified personnel.

(4) Providing specialized training related to serving at-risk communities, including providing culturally and linguistically competent services.

(5) Raising public awareness of 988, behavioral health crisis intervention services available in this State, and education on behavioral health conditions.

(6) Data collection and analysis, reporting, evaluation participation, and related quality improvement activities.

(7) Administration, oversight, and evaluation of the Fund.

(8) Reimbursement of money appropriated by the General Assembly to implement this chapter.

(9) Any other purpose authorized by the annual appropriation act or annual bond and capital improvement act.

(c) The Director of the Office of Management and Budget may waive the procurement requirements under Chapter 69 of Title 29 for expenditures made from the Fund.

(d) The Secretary of the Department of Health and Social Services shall provide a written report not later than the second Tuesday of January each year to all of the following regarding each expenditure made under the Fund in the previous fiscal year and to what extent the expenditure accomplished the intended purpose of the expenditure:

(1) The Governor.

(2) The President Pro Tempore and Secretary of the Senate, for distribution to all Senators.

(3) The Speaker and Chief Clerk of the House of Representatives, for distribution to all Representatives.

(4) The Controller General.

(5) The Director and the Legislative Librarian of the Division of Legislative Services.

(6) The Director of the Public Archives.

(7) The Secretary of the Department of Safety and Homeland Security.

(8) The Secretary of the Department of Services for Children, Youth and Their Families.

(9) The Board.
16 Del. C. § 3302 — Delaware Code / Title 16 / Chapter 33 / Section 3302
§ Â
        3302. Manufacture or sale of adulterated or misbranded food or drugs.
Status: in_force

No person shall manufacture, sell or trade in, within this State, any article of food or drugs which is adulterated, misbranded, poisonous or deleterious within the meaning of this chapter.
16 Del. C. § 1004A — Delaware Code / Title 16 / Chapter 10A / Section 1004A
§ Â
        1004A. Hospital reports.
Status: in_force

(a) Individual hospitals shall collect data on healthcare associated infection rates related to specific clinical procedures as determined by the Advisory Committee and set forth in regulations promulgated by the Department. Examples may include the following categories:

(1) Surgical site infections such as total hip and knee arthroplasty, colostomy, or hysterectomy.

(2) Central line-associated bloodstream infections.

(3) Direct healthcare personnel influenza vaccination rates.

(4) Other categories as provided under subsection (c) of this section.

(b) (1) Infection prevention professionals, or a designee, of hospitals shall submit quarterly reports on their healthcare associated infection rates to the Department using the accepted Centers for Disease Control and Prevention’s (CDC) National Healthcare Safety Network (NHSN) definitions. Prevention and control data related to quality measures will be based on nationally recognized and recommended standards that may include those developed by the CDC, Centers for Medicare and Medicaid Services and the Agency for Healthcare, Research and Quality. Data in quarterly reports must cover a period ending not earlier than 45 days prior to submission of the report. Quarterly reports shall be made available to each hospital 45 days after submittal to the Department for review by the hospitals. The hospitals shall have 7 days to review the quarterly reports and report any changes to the Department. Following the 7-day review period, such quarterly reports shall be made available to the public at each hospital and through the Department (the “public report” ).

(2) If the hospital is a division or subsidiary of another entity that owns or operates other hospitals or related organizations, the quarterly report shall be for the specific division or subsidiary and not for the other entity.

(c) The Department may revise categories of infections set forth in subsection (a) of this section upon consultation with the Advisory Committee and other experts in infection, prevention, identification and control.
16 Del. C. § 6643 — Delaware Code / Title 16 / Chapter 66 / Subchapter V / Section 6643
§ Â
        6643. Fire alarm activation.
Status: in_force

(a) The owner shall be responsible for the activation of a fire alarm signaling system.

(b) A response to the activation of a fire alarm signaling system shall result when the fire department is dispatched to the premises where the fire alarm signaling system has been activated.

(c) In the event that the dwelling fire alarm system, as defined in NFPA 72, is a Monitored System, the fire alarm signaling monitoring company shall be permitted to verify residential alarm signals prior to reporting them to the dispatch center, provided that the verification process does not delay the reporting by more than 90 seconds.

(d) Upon determining that a false alarm has occurred at the premises, the fire chief will submit an Alarm Activation Report to the State Fire Marshal’s Office.

(e) Resetting an alarm panel by any person prior to the fire chief’s authorization shall be prohibited, and shall be considered a false alarm if the fire chief cannot determine the cause and nature of the alarm activation.
16 Del. C. § 6822 — Delaware Code / Title 16 / Chapter 68 / Subchapter III / Section 6822
§ Â
        6822. Immunity of a person or gleaner from liability.
Status: in_force

(a) A person or gleaner who, in good faith, donates food for ultimate distribution without charge by a nonprofit organization or a state agency is not liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated food, unless an injury or death is caused by the gross negligence, recklessness, or intentional misconduct of the person or gleaner.

(b) A person who, in good faith, provides services related to the processing of wild game that is donated to a nonprofit organization or a state agency for ultimate distribution without charge by the nonprofit organization or the state agency is not liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated food, unless an injury or death is caused by the gross negligence, recklessness, or intentional misconduct of the person.
16 Del. C. § 124 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 124
§ Â
        124. Fluoridation of a water supply.
Status: in_force

(a) In order to protect the dental health of all citizens, especially children, the Department of Health and Social Services shall promulgate rules to provide for the addition of fluoride to all municipal water supplies by the owners or official custodians thereof. Such rules shall provide for the addition of fluoride to the water supplies so as to maintain a fluoride content of not less than that currently specified by the Department’s regulations.

(1) By November 15, 1998, each municipal water system shall provide to the Department an estimate of the total capital costs to install the required fluoridation treatment and additional operating costs for the ongoing operation for fluoridation treatment.

(2) Subsection (b) of this section shall not apply to those municipalities which are required to comply with the mandates of subsection (a) of this section.

(b) The Division of Public Health shall not require any water supply to be fluoridated which has not been fluoridated before March 26, 1974, until approval of such fluoridation is first obtained in the following manner by the users of such water supply:

(1) When the Division determines that it is in the best interest of the users of a given water supply that such supply shall be fluoridated, it shall notify the administrator, owner or person who controls the water supply and the local government which it serves. Within 60 days from the receipt of such notice, the governing body of the majority of people involved shall conduct a referendum among the people served by the water supply to determine whether or not such fluoridation shall take place. Prior to any such referendum the Division shall conduct an educational program in the community affected on the fluoridation process. The costs of the referendum shall be borne by the said governing body.

(2) Notice of the referendum shall be by the publication of a formal notice embodying the notice received from the Division. Such notice shall be published at least 3 times in a newspaper of general circulation in the area served by the water supply, the last publication to be at least 3 days before the referendum. Such notice shall also include the time and place of voting for the various voting districts involved.

(3) Eligible voters at such referendum shall be any natural person who uses the water supply daily and who is 18 years of age or older. Each such person shall be entitled to 1 vote.

(4) If the area serviced by the water supply has an established local government such government shall conduct the referendum. If 2 or more towns or municipalities are served by the water supply, the referendum shall be conducted simultaneously in each town or municipality by the governing body of that town or municipality. If the governing body is a county and not a town or municipality, the county shall be responsible for all costs of the referendum. The Department of Elections shall conduct the referendum. The referendum shall be by secret ballot and the choice for each voter shall be “For Fluoridation” and “Against Fluoridation.” The water supply shall not be fluoridated if the majority of the ballots cast are against fluoridation.

(5) After a referendum is held, the matter shall be deemed to have been conclusively decided for a period of 3 years from the date of the referendum.

(6) This section shall apply to any municipality within this State that has held a referendum on the question of fluoridation within the last 3 years commencing from March 26, 1974. Those municipalities that have voted not to fluoridate shall not be required to do so, except as provided by this section.
16 Del. C. § 3102 — Delaware Code / Title 16 / Chapter 31 / Subchapter I / Section 3102
§ Â
        3102. Supervision and enforcement of registrations.
Status: in_force

(a) The Department has charge of the registration of births, deaths, marriages, divorces and fetal deaths and shall prepare the necessary methods, forms and blanks for obtaining and preserving such records and insuring the faithful registration of the same throughout this State and in the central Office of Vital Statistics.

(b) The Department is charged with the uniform and thorough enforcement of this chapter throughout the State and shall from time to time promulgate any additional forms and regulations that are necessary for this purpose.
16 Del. C. § 7004 — Delaware Code / Title 16 / Chapter 70 / Section 7004
§ Â
        7004. Penalties.
Status: in_force

Whoever fails to comply with or violates any of the provisions of this chapter shall be fined not less than $25 nor more than $1,000 or imprisoned not more than 1 year, or both.
16 Del. C. § 7604 — Delaware Code / Title 16 / Chapter 76 / Section 7604
§ Â
        7604. Refrigerants; state and local code.
Status: in_force

No provision of the Delaware building code or other local code may prohibit or otherwise limit the use of a refrigerant designated as acceptable for use pursuant to 42 U.S.C. § 7671k, provided any equipment containing such refrigerant is listed and installed in accordance with safety standards and use conditions imposed for that equipment or refrigerant.
16 Del. C. § 2111 — Delaware Code / Title 16 / Chapter 21 / Section 2111
§ Â
        2111. Inspection of products and plants of nonresidents.
Status: in_force

(a) It is the intent of this chapter to prevent both the manufacture and the sale within this State of any of the articles enumerated in § 2105 of this title, except in conformity to and in compliance with this chapter. Inasmuch, however, as some of the articles so enumerated may be made or the material used in the manufacture or renovation thereof may be processed outside of the limits of this State, it is expressly provided that where the person so manufacturing any such article or processing any such material shall have or operate a plant outside of the limits of this State the Department of Health and Social Services may, in its discretion, in lieu of a physical inspection of the plant of such nonresident person, satisfy itself by examination of the product made or possessed by such nonresident or by such other means as the Department of Health and Social Services Board deems adequate, of the propriety of issuing to such nonresident the permit required by this chapter or of renewing or keeping in force a permit so issued.

(b) In the event that at any time the Department of Health and Social Services deems it necessary to make physical inspection of any plant or factory of the nonresident, it may require the payment by such nonresident of such sum as may cover the reasonable traveling charges entailed by such physical inspection and refuse to issue, or revoke or suspend, any permit until or unless such charges are so paid.
16 Del. C. § 9401 — Delaware Code / Title 16 / Chapter 94 / Section 9401
§ Â
        9401. Short title.
Status: in_force

This act may be cited as the “Community-Based Attendant Services Act.”
16 Del. C. § 6702 — Delaware Code / Title 16 / Chapter 67 / Section 6702
§ Â
        6702. Territorial jurisdiction of fire police.
Status: in_force

(a) A member of a fire company who has been appointed and qualified as a fire police officer may thereafter, for the term of the member’s appointment, act as such anywhere in the county in which the fire company making the appointment is located or in any other county of the State in which the member is called upon to act.

(b) Subject to prior written approval by the fire chief, a fire police officer may be granted permission to:

(1) Assist the fire officer-in-charge, and also assist law-enforcement officers as defined in § 9200(b) of Title 11, anywhere within the State;

(2) Assist the fire officer-in-charge, and also assist law-enforcement officers in out-of-state districts bordering the State, with authority of the bordering district;

(3) Assist at the scene of any potential emergency incident encountered by the fire police officer, and to remain on duty until released by the authorized fire officer or law-enforcement officer in charge; and

(4) Perform other special duties as may be requested and approved by the fire chief.
16 Del. C. § 7307 — Delaware Code / Title 16 / Chapter 73 / Section 7307
§ Â
        7307. Sale and use of portable oil-fueled heaters.
Status: in_force

Approved portable oil-fueled heaters may be offered for sale, sold and used in structures in this State; however, the use of a portable oil-fueled heater in multi-unit residential buildings is specifically prohibited. Any portable oil-fueled heaters which are not approved may not be offered for sale, sold or used in structures in this State. Any portable oil-fueled heater may be offered for sale, sold and used in locations other than structures unless specifically prohibited by legislation of this State. Any listed portable oil-fueled heater shall be approved if it satisfies the requirements hereinafter set forth and if the supplier has certified to the State Fire Prevention Commission that it is listed and in compliance herewith.
16 Del. C. § 4908A — Delaware Code / Title 16 / Chapter 49A / Section 4908A
§ Â
        4908A. Registration of qualifying patients and designated caregivers [For application of this section, see 82 Del. Laws, c. 246, Â 5].
Status: repealed

(a) The Commissioner shall issue registry identification cards to qualifying patients who submit all of the following, in accordance with the Commissioner’s final regulations:

(1) Either of the following:

a. A written certification issued by a health-care practitioner within 90 days immediately preceding the date of an application. The written certification must specify the qualifying patient’s medical condition and, if applicable, that the medical condition is a terminal illness.

b. If the qualifying patient is 65 years of age or older, a self-certification on a form to be provided by the Department that the patient is using marijuana for medical purposes.

(2) The application or renewal fee.

(3) The name, address, and date of birth of the qualifying patient, except that if the applicant is homeless no address is required.

(4) The name, address, and telephone number of the qualifying patient’s health-care practitioner, unless the qualifying patient is 65 years of age or older and self-certifies the patient’s eligibility under paragraph (a)(1) of this section.

(5) The name, address, and date of birth of the designated caregiver, if any, chosen by the qualifying patient.

(6) [Repealed].

(7) A statement signed by the qualifying patient, pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.

(8) A signed statement from the designated caregiver, if any, agreeing to be designated as the patient’s designated caregiver and pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.

(b) Registry identification card applications shall be available no later than the day the Commissioner publishes final regulations.

(c), (d) [Repealed.]
16 Del. C. § 3021F — Delaware Code / Title 16 / Chapter 30F / Subchapter II / Section 3021F
§ Â
        3021F. Performance measurement.
Status: repealed

Performance measurement is necessary to determine the success of the Program and to assess if any changes in the Program should be made.

(1) To measure the performance of this Program, the Department shall establish a standardized statewide yearly reporting system for all of the following:

a. The number of spay/neuter surgeries.

b. The number of rabies inoculations performed pursuant to this subchapter.

c. Cat and dog shelter intake statistics.

d. Euthanasia statistics.

e. Such other criteria as the Department shall find necessary for the purposes of performance review analysis.

(2) The Spay/Neuter Advisory Committee shall consist of the following members or their respective designees:

a. The Executive Director of the Office of Animal Welfare, who shall serve as Chair of the Committee.

b. The Director of the Division of Public Health.

c. The President of the Delaware Veterinary Medical Association.

d. The Executive Director of each Delaware animal shelter.

e. Three additional members appointed by the Chair, each of whom may serve up to 2 terms of 3 years per term. The additional appointed members must be a veterinarian, an animal welfare organization representative, or other animal welfare expert.

f.-j. [Repealed.]

(3) The Chair shall schedule Committee meetings as often as is necessary.

(4) [Repealed.]
16 Del. C. § 8702 — Delaware Code / Title 16 / Chapter 87 / Section 8702
§ Â
        8702. Compliance; penalties.
Status: in_force

(a) Every elevator subject to this section shall have until January 26, 1997, to comply with the provisions hereof.

(b) No certificate of occupancy shall be issued to any building not exempt from this section containing an elevator that does not comply with this section, and no permit or license to operate an elevator subject to this section shall be issued or renewed if such elevator does not comply with this section.

(c) The owner of any elevator subject to this section that does not comply with this section shall be fined $1,000 for each 1 year, or part thereof, for which such noncompliance exists.
16 Del. C. § 125 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 125
§ Â
        125. Preservation of public health within incorporated towns; local sanitation matters; expenses.
Status: in_force

(a) The Department of Health and Social Services, in addition to other powers possessed by it, may preserve the public health within all incorporated towns and within 1 mile of the water supply thereof.

(b) The Department of Health and Social Services may also make and enforce orders in local sanitation matters, when in the judgment of the Department of Health and Social Services such action is necessary for the protection of the public health and the local boards of health have neglected or refused to act with sufficient promptness or efficiency, or when or where such local board has not been established. All expenses so incurred shall be paid by the city, or town or county for which services are rendered upon bill presented to the treasurer of such city, town or county by the Department of Health and Social Services.
16 Del. C. § 1113 — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1113
§ Â
        1113. Other remedies for noncompliance.
Status: in_force

In addition to civil money penalties, the Department may impose any or all of the following remedies for noncompliance with this chapter and the regulations promulgated pursuant to it or for noncompliance with § 1731A of Title 24 or § 903 of this title:

(1) Require monitoring at facility expense, according to the terms and conditions, including timeframes, determined necessary by the Department.

(2) Suspend the admission or readmission of residents to the long-term care facility under the terms and conditions, including timeframes, determined by the Department.

(3) Transfer residents whose care needs are not being met by the licensee.

(4) Suspend, revoke, or refuse to renew a license.

(5) In cases where the physical health or safety of residents is in imminent risk, issue an emergency order temporarily transferring the management of the facility to another qualified entity under the terms and conditions, including timeframes, determined by the Department.

(6) Issue a provisional license for a long-term care facility that is in substantial but not full compliance with applicable laws and regulations.
16 Del. C. § 9602A — Delaware Code / Title 16 / Chapter 96A / Section 9602A
§ Â
        9602A. Definitions.
Status: in_force

As used in this chapter, unless otherwise defined in the federal law or federal regulations, which federal definitions shall control:

(1) “Account” means an individual account, a trust account, or a savings account established in accordance with the provisions of this chapter. An account may be established only for an eligible individual.

(2) “Account owner” means the designated beneficiary. A person with signature authority over the account (if other than the designated beneficiary) may neither have nor acquire any beneficial interest in the account and must administer the account for the designated beneficiary.

(3) “Board” shall mean the Plans Management Board pursuant to § 2722 of Title 29.

(4) “Designated beneficiary” means the individual for whom the account was established or who has succeeded the former designated beneficiary in that capacity. If the designated beneficiary is not able to exercise signature authority over the account or chooses to have an account established but not to exercise signature authority, references to the designated beneficiary include actions by the person with signature authority over the account.

(5) “Eligible individual” means a resident of any state who is:

a. Entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act (42 U.S.C. § 401 et seq. or § 1381 et seq.), where such blindness or disability occurred before the date on which the individual attained the age specified in the federal ABLE Act; or

b. An individual with respect to whom a disability certification, meeting the requirements of the federal ABLE Act, is filed.

(6) “Federal ABLE Act” means the Stephen J. Beck, Jr., Achieving a Better Life Experience Act of 2014, Pub. L. No. 113-295, 128 Stat. 4010, [26 U.S.C. § 529A], and includes subsequent amendments to that act, as well as regulations promulgated thereunder by the United States Secretary of the Treasury.

(7) “Program” means the Delaware Achieving a Better Life Experience Program established by this chapter.

(8) “Qualified disability expenses” means any expenses incurred at a time when the designated beneficiary is an eligible individual that relate to the blindness or disability of the designated beneficiary, including expenses that are for the benefit of the designated beneficiary in maintaining or improving health, independence, or quality of life; provided, however, that any expenses incurred at a time when a designated beneficiary is neither disabled nor blind are not qualified disability expenses, even if the designated beneficiary is an eligible individual for that entire taxable year.
16 Del. C. § 4912A — Delaware Code / Title 16 / Chapter 49A / Section 4912A
§ Â
        4912A. Notifications to the Commissioner and responses; civil penalty.
Status: in_force

(a) The following notifications and Commissioner responses are required:

(1) A registered qualifying patient shall notify the Commissioner of any change in the registered qualifying patient's name or address, or if the registered qualifying patient ceases to have a medical condition, within 10 days of the change.

(2) A registered designated caregiver shall notify the Commissioner of any change in the registered designated caregiver's name or address, or if the designated caregiver becomes aware the qualifying patient passed away, within 10 days of the change.

(3) Before a registered qualifying patient changes designated caregiver, the qualifying patient must notify the Commissioner.

(4) If a cardholder loses that cardholder's registry identification card, that cardholder's shall notify the Commissioner within 10 days of becoming aware the card has been lost.

(b) When a cardholder notifies the Commissioner of items listed in subsection (a) of this section, but remains eligible under this chapter, the Commissioner shall issue the cardholder a new registry identification card with a new random 10-digit alphanumeric identification number within 10 days of receiving the updated information and pay a $20 fee. If the person notifying the Commissioner is a registered qualifying patient, the Commissioner shall also issue to the registered qualifying patient's registered designated caregiver, if any, a new registry identification card within 10 days of receiving the updated information.

(c) If a registered qualifying patient ceases to be a registered qualifying patient or changes to that registered qualifying patient's registered designated caregiver, the Commissioner shall promptly notify the designated caregiver. The registered designated caregiver’s protections under this chapter as to that qualifying patient shall expire 15 days after notification by the Commissioner.

(d) A cardholder who fails to make a notification to the Commissioner that is required by this section is subject to a civil infraction, punishable by a penalty of no more than $150.

(e) The Commissioner shall administer a real-time statewide patient registry to facilitate patient choice in purchasing medical marijuana from any properly licensed Delaware Compassion Centers. The registry shall track patient purchases to comply with § 4919A(i) of this title.

(f) If the registered qualifying patient’s certifying health-care practitioner notifies the Commissioner in writing that either the registered qualifying patient has ceased to suffer from a medical condition or that the health-care practitioner no longer believes the patient would receive therapeutic or palliative benefit from the medical use of marijuana, the card becomes null and void. However, the registered qualifying patient has 15 days to dispose of their marijuana or give it to a registered compassion center where nothing of value is transferred in return.
16 Del. C. § 1125 — Delaware Code / Title 16 / Chapter 11 / Subchapter II / Section 1125
§ Â
        1125. Investigation of grievances.
Status: in_force

(a) The Department shall independently investigate any grievance concerning long-term care facilities.

(b) Upon completion of an investigation, the Department shall report the findings to the complainants and to all other appropriate agencies of the State, county, or municipality as the case may be. If a grievance involves a protection and advocacy agency client, the findings shall be shared with the protection and advocacy agency.
16 Del. C. § 7927 — Delaware Code / Title 16 / Chapter 79 / Section 7927
§ Â
        7927. Private sewage treatment and disposal system.
Status: in_force

If water closets or other plumbing fixtures exist in buildings where there is no sewer within reasonable distance, suitable provision shall be made for the disposing of the house sewage by some method of sewage treatment and disposal satisfactory to the health authority having jurisdiction.
16 Del. C. § 3077F — Delaware Code / Title 16 / Chapter 30F / Subchapter V / Section 3077F
§ Â
        3077F. Finding to declare a dog potentially dangerous; duties of owner [For application of this section, see 84 Del. Laws, c. 390, Â 13].
Status: in_force

(a) The Justice of the Peace Court may declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog has done any of the following:

(1) Attacked or inflicted physical injury upon a human being.

(2) Attacked or inflicted serious physical injury upon a domestic animal, provided the domestic animal was on the property of its owner or under the immediate control of its owner.

(3) On more than 1 occasion, chased or pursued a human being, in an apparent attitude of attack, upon the streets, sidewalks, or any public or private property, other than on the dog owner’s property.

(4) On more than 1 occasion, caused unprovoked physical injury to a domestic animal, if the domestic animal was on the property of its owner or under the immediate control of its owner.

(5) On more than 1 occasion, behaved in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to 1 or more human beings, companion animals, farm animals, or domestic animals.

(b) No dog may be declared potentially dangerous based solely on the dog’s breed or perceived breed.

(c) If the Justice of the Peace Court declares a dog to be potentially dangerous, or a dog’s owner voluntarily agrees to the designation of potentially dangerous, it is unlawful for any person to keep or maintain the dog unless all of the following occur:

(1) The dog is spayed or neutered.

(2) While on the dog owner’s property, the dog is kept indoors or within a securely fenced yard or enclosure from which it cannot escape.

(3) When off the owner’s premises, the dog is all of the following:

a. Securely muzzled.

b. Restrained by a substantial leash that is not retractable and does not exceed 6 feet.

c. Under the physical control of a responsible adult.

(4) The dog owner displays, in a conspicuous manner, a sign on the dog owner’s premises warning that a potentially dangerous dog is on the premises. The sign must be visible and legible from the public highway or 100 feet, whichever is less.

(5) The dog owner immediately notifies the Department when the dog is loose, unconfined, has attacked a human being or domestic animal, has been moved to another address, or dies.

(6) The dog is licensed.

(7) The dog is vaccinated for rabies.

(8) The dog is microchipped, and the microchip is registered to the owner.

(9) The dog owner meets any other condition that the Justice of the Peace Court has deemed reasonable, given the circumstances of the case.

(d) (1) For a dog declared to be potentially dangerous under this section before August 29, 2024, if there are no additional instances of the behavior described in subsection (a) of this section within a 24 month period from the date the dog is declared potentially dangerous, the dog will no longer be deemed a potentially dangerous dog.

(2) Paragraph (d)(1) of this section does not apply to a dog declared to be potentially dangerous on or after August 29, 2024.
16 Del. C. § 2611 — Delaware Code / Title 16 / Chapter 26 / Section 2611
§ Â
        2611. Division of Public Health duty to notify.
Status: in_force

Within 10 days of determining a child’s lead-exposure site and the owner of a lead-exposure site under § 2610 of this title, the Division of Public Health shall communicate all of the following to the Program:

(1) The location of the lead-exposure site.

(2) The contact information for the owner of the lead-exposure site.
16 Del. C. § 224 — Delaware Code / Title 16 / Chapter 2 / Subchapter III / Section 224
§ Â
        224. Confidentiality of reports.
Status: in_force

(a) Any report of the diagnosis of autism made pursuant to this subchapter shall not be divulged nor made public in any way that might tend to disclose the identity of the person or family of the person to whom it relates. However, patient-identifying information may be exchanged among authorized agencies as approved by the Department and upon receipt by the Department of satisfactory assurances by those agencies of the preservation of the confidentiality of such information.

(b) No individual or organization providing information to the Department in accordance with this subchapter shall be deemed to be liable for or held liable for divulging confidential information.
16 Del. C. § 3004E — Delaware Code / Title 16 / Chapter 30E / Subchapter I / Section 3004E
§ Â
        3004E. Responsibilities of the school.
Status: in_force

(a) The school nurse, in consultation with the school administration, shall identify and train a sufficient number of eligible persons willing or required by position to become trained persons to administer emergency medication.

(b) The school shall maintain stock emergency medication.
16 Del. C. § 101 — Delaware Code / Title 16 / Chapter 1 / Subchapter I / Section 101
§ Â
        101. Definitions.
Status: in_force

As used in this title, unless otherwise provided or the context requires a different meaning:

(1) “County Public Health Administrator” means the Division of Public Health employee responsible for managing the operations of all public health programs within an assigned county.

(2) “Department” means the Department of Health and Social Services.

(3) “Director” means the Director of the Division of Public Health, or such persons as may be designated by the Director.

(4) “Division” means the Division of Public Health.

(5) “Peace Officer” means any public officer authorized by law to make arrests in a criminal case.

(6) “Secretary” means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary.
16 Del. C. § 4772 — Delaware Code / Title 16 / Chapter 47 / Subchapter V / Section 4772
§ Â
        4772. Consideration of factors.
Status: in_force

In determining whether or not an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically-relevant factors, the following:

(1) Statements by an owner or by anyone in control of the object, concerning its use;

(2) The proximity of the object, in time and space, to a direct violation of this chapter;

(3) The proximity of the object to controlled substances;

(4) The existence of any residue of a controlled substance on the object;

(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom the owner knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;

(6) Instructions (oral or written) provided with the object, concerning its use;

(7) Descriptive materials accompanying the object which explain or depict its use;

(8) National and local advertising concerning its use;

(9) The manner in which the object is displayed for sale;

(10) Whether or not the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(11) Direct or circumstantial evidence of the ratio of sales of the suspect object to the total sales of the business enterprise;

(12) The existence and scope of legitimate uses for the object in the community; and

(13) Expert testimony concerning its use.
16 Del. C. § 1707 — Delaware Code / Title 16 / Chapter 17 / Section 1707
§ Â
        1707. Burning of refuse and garbage in certain residential areas; penalty.
Status: in_force

(a) In any residential area consisting of homes on lots of 1 acre or less no outdoor fire shall be fueled by any material other than wood, wood by-products, limited to paper, leaves, twigs, clippings and grass cuttings and coke for barbecues.

(b) Any violation of this section shall be punishable by a fine not to exceed $25.
16 Del. C. § 9406A — Delaware Code / Title 16 / Chapter 94A / Section 9406A
§ Â
        9406A. Supporters.
Status: in_force

(a) Except as otherwise provided by a supported decision-making agreement, a supporter may do all of the following:

(1) Assist the principal in understanding information, options, responsibilities, and consequences of the principal’s life decisions, including those decisions relating to the principal’s affairs or support services.

(2) Help the principal access, obtain, and understand any information that is relevant to any given life decision, including medical, psychological, financial, or educational decisions, or any treatment records or records necessary to manage the principal’s affairs or support services.

(3) Assist the principal in finding, obtaining, making appointments for, and implementing the principal’s support services or plans for support services.

(4) Help the principal monitor information about the principal’s affairs or support services, including keeping track of future necessary or recommended services.

(5) Ascertain the wishes and decisions of the principal, assist in communicating those wishes and decisions to other persons, and advocate to ensure that the wishes and decisions of the principal are implemented.

(b) Except as permitted by regulation promulgated under § 9410A of this title, any of the following are disqualified from acting as a supporter:

(1) A person who is an employer or employee of the principal, unless the person is an immediate family member of the principal.

(2) A person directly providing paid support services to the principal, with the exception of supported decision-making services, unless the person is an immediate family member of the principal.

(3) An individual against whom the principal has obtained an order of protection from abuse or an individual who is the subject of a civil or criminal order prohibiting contact with the principal.

(c) A supporter is prohibited from doing any of the following:

(1) Exerting undue influence upon, or making decisions on behalf of, the principal.

(2) Obtaining, without the consent of the principal, information that is not reasonably related to matters with which the supporter is authorized to assist under the supported decision-making agreement.

(3) Using, without the consent of the principal, information acquired for a purpose other than assisting the principal to make a decision under the supported decision-making agreement.

(d) A supporter shall act with the care, competence, and diligence ordinarily exercised by individuals in similar circumstances, with due regard either to the possession of, or lack of, special skills or expertise.
16 Del. C. § 7205 — Delaware Code / Title 16 / Chapter 72 / Section 7205
§ Â
        7205. Penalty and jurisdiction.
Status: in_force

(a) Any person who violates § 7202 of this chapter shall be imprisoned not more than 90 days or fined not more than $300, or both, for each separate offense.

(b) Justices of the peace shall have original jurisdiction over this offense.
16 Del. C. § 9201 — Delaware Code / Title 16 / Chapter 92 / Section 9201
§ Â
        9201. Declaration of policy.
Status: in_force

It is hereby declared that for the benefit of the people of the State, the increase of their commerce, welfare and prosperity and the improvement of their health and living conditions, it is essential that health care facilities within the State be provided with appropriate additional means to expand, enlarge and establish health care, hospital and other related facilities; and that it is the purpose of this chapter to provide a measure of assistance and an alternative method to enable facilities in the State to provide the facilities and structures which are sorely needed to accomplish the purposes of this chapter, all to the public benefit and good, to the extent and manner provided herein.
16 Del. C. § 5185 — Delaware Code / Title 16 / Chapter 51 / Subchapter VII / Section 5185
§ Â
        5185. Protection and advocacy agency.
Status: in_force

(a) The protection and advocacy agency is authorized to complement the role of the Department in promoting the health, safety, and well being of patients under this subchapter through monitoring, investigation, and advocacy. In furtherance of this authority, the protection and advocacy agency may engage in the following functions:

(1) Solicit and receive oral and written reports and complaints of abuse, neglect, mistreatment or financial exploitation of facility patients; and

(2) Access a facility; interview patients, residents, facility staff and agents; and inspect and copy records pertaining to a patient with valid consent or as otherwise authorized by federal law.

(b) No facility shall retaliate or discriminate against any patient or person submitting a report to the protection and advocacy agency or cooperating with the agency’s monitoring, investigation, or advocacy activities.
16 Del. C. § 2607 — Delaware Code / Title 16 / Chapter 26 / Section 2607
§ Â
        2607. Delaware State Lead-Based Paint Program.
Status: in_force

(a) A program is created in the Department to be known as the Delaware State Lead-Based Paint Program.

(b) Subject to subsection (c) of this section the Program shall exist and operate independently of any other lead-based paint abatement or remediation program in this State.

(c) The Program shall coordinate its efforts with any other lead-based paint abatement or remediation program in this State to ensure efficient use of Delaware state funds.
16 Del. C. § 9906 — Delaware Code / Title 16 / Chapter 99 / Subchapter II / Section 9906
§ Â
        9906. Creation of a Board.
Status: in_force

(a) There is hereby established the Board of Directors of the Delaware Institute of Medical Education and Research (Board), which shall serve as an advisory board to the Health Care Commission.

(b) The Board shall consist of 19 members as follows:

(1) Eighteen members appointed by the Governor as follows:

a. One member from the Delaware Health Care Commission.

b. Two members from the ChristianaCare Health System.

c. Six representatives from each institution with a graduate medical education program, including ChistianaCare Health System, Bayhealth, Beebe Healthcare, TidalHealth, Nemours Children’s Health, and Saint Francis Hospital.

d. One member from the Delaware Healthcare Association.

e. One member from the Delaware Higher Education Office.

f. Two members from the University of Delaware, 1 of which must be from the College of Health Sciences.

g. One member from Delaware State University.

h. One member from the Medical Society of Delaware.

i. One member from the Delaware Academy of Medicine Delaware Public Health Association.

j. One member from the First State Chapter of the National Medical Association.

k. An at-large member, who is a resident of Sussex County and who represents federally-qualified health centers.

(2) The Director of the Division of Public Health, or the Director’s designee, shall serve as an ex officio member of the Board.

(c) All members, other than the ex officio member, shall be appointed for terms of 3 years. Any member appointed to fill a vacancy shall be appointed only to fill that vacancy for the remainder of the term, but shall be eligible for re-appointment upon expiration of that term.

(d) No member of the Board shall receive compensation for that member’s duties other than normal travel expenses incurred in carrying out the responsibilities as members.

(e) A majority of the total membership of the Board must be present at a Board meeting in order to have quorum and conduct official business. A vacancy on the Board is not counted for quorum.

(f) The Chair of the Board shall be elected by the Board. Candidates for Chair of the Board shall be reviewed by a nominating committee. Membership of the nominating committee and rules for nominating candidates shall be determined by the Board. The Chair shall be subject to a 3-year term with no more than 3 consecutive terms. A Vice Chair shall be established in the same manner and with the same term lengths and limits.

(g) The Board may establish working committees to assist in completing its work; however, it shall maintain a standing “Committee on Rural Health” to assure that the unique health needs of rural Delaware are addressed in DIMER activities.

(h) The Board members shall receive annual training on the importance of diversity in healthcare and how diversity in the medical field reduces healthcare disparities, optimizes care delivery, and increases access to care.
16 Del. C. § 7104 — Delaware Code / Title 16 / Chapter 71 / Section 7104
§ Â
        7104. Purchase, receipt and possession.
Status: in_force

(a) License. — It shall be unlawful for any person to purchase, receive or possess explosive materials in the State without obtaining a license from the issuing authorities.

(b) Federal license or permit. — Any person who possesses a license or permit under Title XI of the Organized Crime Control Act [18 U.S.C. § 841 et seq.] properly covering the activities of such person shall not be required to obtain a license under this section.
16 Del. C. § 3008D — Delaware Code / Title 16 / Chapter 30D / Section 3008D
§ Â
        3008D. Promulgation.
Status: in_force

The Department shall promulgate any necessary rules and regulations to implement this chapter.
16 Del. C. § 7904 — Delaware Code / Title 16 / Chapter 79 / Section 7904
§ Â
        7904. Local regulations.
Status: in_force

Every political subdivision within the State, including county, city or municipal governments, shall enforce the International Plumbing Code (IPC) as adopted or modified by the Division of Public Health. Every political subdivision retains the right to propose additional or modified plumbing regulations, which must be submitted in writing to the Division of Public Health for review and approval. The Division of Public Health, within 60 days of receiving such proposed changes or additions, shall consult with the State Board of Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners, and may thereafter adopt, modify or reject the proposed changes or additions. Upon issuance of the statewide plumbing regulations every political subdivision shall have the option of adopting and enforcing said regulations, or adopting and enforcing the minimum standards set forth in the most recently adopted version of the IPC.
16 Del. C. § 4751A — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4751A
§ Â
        4751A. Aggravating factors related to drug offenses.
Status: repealed

For the purposes of this subchapter:

(1) Each of the following is an “aggravating factor” within the meaning of the offenses in this subchapter:

a. The offense was committed within a protected school zone, as defined in § 4701 of this title.

b.-d. [Repealed.]

e. The defendant, during or immediately following the commission of any offense in this did 1 of the following:

1. Intentionally prevented or attempted to prevent a law-enforcement officer, as defined in § 222 of Title 11, from effecting an arrest or detention of the defendant by use of force or violence towards the law-enforcement officer.

2. Intentionally fled in a vehicle from a law-enforcement officer, as defined in § 222 of Title 11, while the law-enforcement officer was effecting an arrest or detention of the defendant, thereby creating a substantial risk of physical injury to other persons.

(2) When a defendant is alleged to have committed an offense under this subchapter with an aggravating factor under paragraph (1)e.1. of this section, the defendant may be charged with resisting arrest under § 1257 of Title 11 or the offense to which the aggravating factor applies, but not both.

(3) For an aggravating factor under paragraph (1)a. of this section to be charged, a defendant must commit the conduct of an offense under this subchapter in a protected school zone. The aggravating factor under paragraph (1)a. of this section may not be charged if a defendant commits the conduct of an offense under this subchapter outside a protected school zone but is arrested in a protected school zone.
16 Del. C. § 3056F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3056F
§ Â
        3056F. Unauthorized acts against a service dog; penalties.
Status: in_force

(a) For the purposes of this section, “service dog” means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

(b) No person shall intentionally interfere with the use of a service dog by obstructing, intimidating, or otherwise jeopardizing the safety of the user or animal. Whoever violates this subsection shall be guilty of a class B misdemeanor.

(c) No person shall intentionally injure or disable a service dog that is being used by its owner or the officer teamed with the dog. Whoever violates this subsection shall be guilty of a class A misdemeanor.

(d) No person shall intentionally kill a service dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class D felony. This subsection, however, does not apply to a law-enforcement officer as defined by § 222 of Title 11 who is forced to take such action pursuant to the lawful performance of the officer’s duties.

(e) No person shall intentionally steal, take, or wrongfully obtain a service dog owned by a private person or agency. Whoever violates this subsection shall be guilty of a class E felony.

(f) In any case where a person is convicted under subsection (b), (c), (d) or (e) of this section, that person shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the service, guide, or seeing-eye dog owner and the dog which arise out of or are related to the criminal offense.
16 Del. C. § 3316 — Delaware Code / Title 16 / Chapter 33 / Section 3316
§ Â
        3316. Expenses of enforcement.
Status: in_force

The expenses incurred by all officials in performing the duties imposed by §§ 3302-3317 of this title, including reasonable compensation for services rendered, shall be paid by requisition upon the State Treasurer, when approved by the Governor, out of the funds in hand not otherwise appropriated.
16 Del. C. § 801B — Delaware Code / Title 16 / Chapter 8B / Section 801B
§ Â
        801B. Provision of information relating to Down Syndrome.
Status: in_force

(a) For the purposes of this section, the term “Down Syndrome” shall mean a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. A hospital, as that term is defined in § 803A of this title, physician, health-care provider, nurse midwife or genetic counselor who renders prenatal care, postnatal care or genetic counseling shall, upon receipt of a positive test result from a test for Down Syndrome, provide the expectant or new parent with information provided by the department under subsection (b) of this section.

(b) The Department shall make available to a person who renders prenatal care, postnatal care or genetic counseling to parents who receive a prenatal or postnatal diagnosis of Down Syndrome the following:

(1) Up-to-date evidence-based, written information about Down Syndrome that has been reviewed by medical experts and national Down Syndrome organizations; provided, however, that the written information provided shall include physical, developmental, educational and psychosocial outcomes, life expectancy, clinical course and intellectual and functional development and treatment options; and

(2) Contact information regarding first call programs and support services, including information hotlines specific to Down Syndrome, resource centers or clearinghouses, national and local Down Syndrome organizations, and other educational and support programs.

The Department may also make such information available to any other person who has received a positive test result from a test for Down Syndrome.

(c) The Department shall meet annually with representatives of the Down Syndrome Association of Delaware to ensure the information made available by the department is up to date.

(d) The Department shall submit a report by January 31 of each year to the Co-Chairs of the Joint Finance Committee detailing the persons to whom the information required by subsection (b) of this section has been distributed.
16 Del. C. § 1002 — Delaware Code / Title 16 / Chapter 10 / Subchapter I / Section 1002
§ Â
        1002. Regulations.
Status: in_force

(a) The Department shall develop, establish and enforce standards governing the construction, maintenance and operation of hospitals to protect and promote the public health and welfare.

(b) The Department shall further adopt regulations to ensure that hospital staff have ready access to a locked hospital bathroom in the event of an emergency.
16 Del. C. § 2519A — Delaware Code / Title 16 / Chapter 25A / Section 2519A
§ Â
        2519A. Severability.
Status: in_force

The provisions of this chapter are severable, and if any word, phrase, clause, sentence, section, or provision of this chapter is for any reason held to be unconstitutional, the decision of the court shall not affect or impair any of the remaining provisions of this chapter. It is hereby declared as the legislative intent that this chapter would have been adopted had such unconstitutional word, phrase, clause, sentence, section or provision thereof not been included herein.
16 Del. C. § 7805 — Delaware Code / Title 16 / Chapter 78 / Section 7805
§ Â
        7805. Powers and duties of the Office of Management and Budget.
Status: in_force

The Office of Management and Budget shall have the following powers and duties and shall give due consideration to Federal Environmental Protection Agency (EPA) document 560/5-85-024 June 1985 or later revision, “Guidance for Controlling Asbestos Containing Materials in Buildings” in conducting these duties:

(1) Approve the standards and specifications for all asbestos abatement funded with state moneys from any source;

(2) Adopt rules and regulations governing the training requirements and certification of contractors and asbestos workers for all asbestos abatement within the State;

(3) Approve the selection of contractors and asbestos workers performing asbestos abatement for state-funded projects based upon qualifications, experience and ability to perform asbestos abatement;

(4) Require all state agencies to obtain prior approval for all asbestos abatement funded with state moneys from any source;

(5) Function as a central location for the receipt and dissemination of relevant asbestos information and reports;

(6) Act as liaison with any federal and/or state agencies that have other programs which may now or hereafter provide funds or assistance in any manner for the detection and elimination of friable asbestos;

(7) During state-funded asbestos abatement projects, conduct an onsite inspection of all procedures of asbestos abatement;

(8) Have the authority to suspend, revoke and/or refuse to renew the certification of any contractor or asbestos worker for a violation of this chapter or any rules, regulations or orders promulgated or entered pursuant to this chapter;

(9) Promulgate such rules and regulations as are necessary to implement this chapter, including but not limited to:

a. Performance standards, practices and specifications for asbestos abatement;

b. Determination of the minimum scope of work of asbestos abatement to which this chapter shall apply;

c. Requirements for submission of a notice of intent to construct, alter, repair, maintain, demolish or renovate or to perform asbestos abatement in any structure, substrate or any portion thereof which may contain asbestos;

(10) Establish a statewide emergency abatement policy to address any asbestos abatement which was not planned but results from a sudden, unexpected event or emergency.
16 Del. C. § 7001 — Delaware Code / Title 16 / Chapter 70 / Section 7001
§ Â
        7001. Signs on premises containing stored explosives.
Status: in_force

(a) Upon the premises on which explosives are stored there shall be posted signs with the words “EXPLOSIVES — KEEP OFF” legibly printed thereon in letters not less than 3 inches high. Signs shall be placed so that a bullet passing through them will not strike any nearby magazine.

(b) When explosives are being processed or are used in connection with any manufacturing process or if explosives are stored at such manufacturing establishment, a sign no smaller than 4 square feet bearing the words “DANGER — EXPLOSIVES” shall be kept posted at the main plant entrance and, in addition to this, the remainder of the premises shall be posted with signs as set forth in subsection (a) of this section.
16 Del. C. § 142 — Delaware Code / Title 16 / Chapter 1 / Subchapter III / Section 142
§ Â
        142. Election of Pathologist and Bacteriologist.
Status: in_force

The Pathologist and Bacteriologist shall be employed by the Department of Health and Social Services.
16 Del. C. § 9310 — Delaware Code / Title 16 / Chapter 93 / Section 9310
§ Â
        9310. Immunity.
Status: in_force

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.
16 Del. C. § 1505 — Delaware Code / Title 16 / Chapter 15 / Section 1505
§ Â
        1505. Cleaning of cesspools and privy wells.
Status: in_force

The Department of Health and Social Services may order and direct the owner or tenant of any property within any incorporated town or within 1 mile from the water supply thereof on which there is a cesspool or privy well to clean the same in such manner as it directs whenever it deems the cleaning thereof to be necessary. Whoever neglects or refuses to comply with the order within 30 days from the time notice of the order is served shall be subject to the fines and penalties provided in § 1507 of this title for the violation of this chapter.
16 Del. C. § 3006A — Delaware Code / Title 16 / Chapter 30A / Subchapter I / Section 3006A
§ Â
        3006A. Renewal of certification; late renewal; and penalties.
Status: in_force

(a) Every certified nursing assistant shall recertify biennially by filing an application; provided however, that the certification of any certified nursing assistant who is on active military duty with the armed forces of the United States and serving in a theater of hostilities on the date such application or recertification is due shall be deemed to be current and in full compliance with this subchapter until the expiration of 30 days after such certified nursing assistant is no longer on active military duty in a theater of hostilities.

(b) Upon receipt of an application and fee, the Department shall verify the accuracy of the information set forth in the application and issue to the applicant a certificate of renewal for 2 years, provided that the applicant has successfully completed continuing education requirements as established by the Department.

(1) Such certificate shall entitle the holder to engage in work as a certified nursing assistant for the period stated therein.

(2) The amount charged for the renewal fee imposed under this subchapter shall approximate and reasonably reflect all costs necessary to defray the expenses of maintaining an educational website from which certified nursing assistants will receive the required educational credits.

a. The application fee shall not be combined with any other fee or charge.

b. At the beginning of each biennial calendar year, the Department or any other state agency acting on its behalf, shall compute the appropriate fee for the coming 2 years.

(c) A certification may be renewed up to 30 days past the certification’s expiration date by submitting, to the Department, payment of a $25 penalty fee along with an application and proof of completion of continuing education requirements during the previous certification period. The certification of a certified nursing assistant who fails to renew on time or during the 30-day late renewal period is considered lapsed and the certified nursing assistant is not permitted to work until the certified nursing assistant submits an application and takes and passes the certified nursing assistant test.
16 Del. C. § 1207A — Delaware Code / Title 16 / Chapter 12A / Section 1207A
§ Â
        1207A. Confidentiality.
Status: in_force

All information contained in requests for notification and in the notification itself shall be confidential and used solely for the purposes of complying with this chapter. However, any person or agency, including but not limited to a receiving medical care facility or officer designated pursuant to § 1202A(b) of this title, acting in good faith to provide notification in accordance with this chapter, shall not be liable in any cause of action related to the breach of patient confidentiality.
16 Del. C. § 98A-101 — Delaware Code / Title 16 / Chapter 98A / Section 98A-101
§ Â
        98A-101. Purpose.
Status: in_force

The purpose of this Compact is to protect the public through verification of competency and ensure accountability for patient care related activities of all states’ licensed emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs, and paramedics. This Compact is intended to facilitate the day-to-day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. This Compact recognizes that states have a vested interest in protecting the public’s health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states will best protect public health and safety. This Compact is designed to achieve the following purposes and objectives:

1. Increase public access to EMS personnel.

2. Enhance the states’ ability to protect the public’s health and safety, especially patient safety.

3. Encourage the cooperation of member states in the areas of EMS personnel licensure and regulation.

4. Support licensing of military members who are separating from an active duty tour and the spouses of military members.

5. Facilitate the exchange of information between member states regarding EMS personnel licensure, adverse action, and significant investigatory information.

6. Promote compliance with the laws governing EMS personnel practice in each member state.

7. Invest all member states with the authority to hold EMS personnel accountable through the mutual recognition of member state licenses.
16 Del. C. § 10214A — Delaware Code / Title 16 / Chapter 102A / Subchapter II / Section 10214A
§ Â
        10214A. Regulatory authority.
Status: in_force

The Division and the Department of Services for Children, Youth and Their Families may adopt regulations or policies and procedures to administer, enforce, and implement this subchapter.
16 Del. C. § 2520A — Delaware Code / Title 16 / Chapter 25A / Section 2520A
§ Â
        2520A. Effect of copy.
Status: in_force

A copy of a DMOST form or revocation of a DMOST form has the same effect as the original.
16 Del. C. § 156 — Delaware Code / Title 16 / Chapter 1 / Subchapter IV / Section 156
§ Â
        156. Annual account and report to Governor.
Status: in_force

The Secretary of the Department of Health and Social Services shall furnish annually to the Governor a full account of its expenditures and disbursements under this subchapter. It shall also at the same time report to the Governor the work of the Secretary of the Department of Health and Social Services for the year, including the number of persons treated, the results of treatment, as nearly as can be ascertained and such other information as may be of public interest and value. Such report shall at all times be open to the inspection of the citizens of the State in the office of the Secretary of State.
16 Del. C. § 3014E — Delaware Code / Title 16 / Chapter 30E / Subchapter II / Section 3014E
§ Â
        3014E. Epinephrine autoinjectors; administration.
Status: in_force

(a) An employee or agent of an institution of higher education, who has completed the training required under § 3015E of this title may, on the premises of or in connection with the institution of higher education, use epinephrine autoinjectors prescribed under § 3013E of this title as follows:

(1) Provide an epinephrine autoinjector to an individual who the employee, agent, or the individual believes in good faith is experiencing anaphylaxis for immediate self-administration, regardless of whether the individual has a prescription for an epinephrine autoinjector or has previously been diagnosed with an allergy.

(2) Administer an epinephrine autoinjector to any individual who the employee or agent believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine autoinjector or has previously been diagnosed with an allergy.

(b) An individual who uses an epinephrine autoinjector under subsection (a) of this section must do all of the following:

(1) Notify the appropriate emergency medical service units as soon as possible.

(2) Report the use to the appropriate licensed physician or medical authority, if known.
16 Del. C. § 2509A — Delaware Code / Title 16 / Chapter 25A / Section 2509A
§ Â
        2509A. Mandatory elements of DMOST forms.
Status: in_force

A DMOST form shall be deemed to be completed and therefore valid for the purposes of this chapter if it:

(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.
16 Del. C. § 2610 — Delaware Code / Title 16 / Chapter 26 / Section 2610
§ Â
        2610. Division of Public Health duty to investigate.
Status: in_force

The Division of Public Health shall do all of the following within 60 days of receiving notification through the universal reporting system established by this chapter that a child has an elevated blood lead level:

(1) Determine the residential address of the child from birth through the date of testing.

(2) Make a determination as to the child’s lead-exposure site.

(3) Determine the owner of the child’s lead-exposure site and obtain contact information for the owner of the lead-exposure site.
16 Del. C. § 3003Q — Delaware Code / Title 16 / Chapter 30Q / Section 3003Q
§ Â
        3003Q. Restrictions; plastic single-service articles.
Status: in_force

(a) A food establishment may not provide a consumer with any of the following single-service articles if the article is made from plastic:

(1) Beverage stirrer.

(2) Cocktail pick.

(3) Sandwich pick.

(b) This section does not restrict a food establishment from providing compostable single-service articles, such as those made from paper, pasta, sugar cane, wood, or bamboo.
16 Del. C. § 803A — Delaware Code / Title 16 / Chapter 8A / Section 803A
§ Â
        803A. Definitions.
Status: in_force

For the purposes of this chapter:

(1) “Child” means a person up to 21 years of age.

(2) “Early intervention” and/or “follow-up care” means the early intervention services described in Part C and Part B of the Individuals with Disabilities Education Act (IDEA) [20 U.S.C. § 1431 et seq. and 20 U.S.C. § 1411 et seq.], as well as any necessary hearing and medical services for the diagnosis and management of newborn, infant, or child hearing loss.

(3) “False negative rate” means the proportion of infants not identified as having a significant hearing loss by the screening process who are ultimately found to have a significant hearing loss.

(4) “False positive rate” means the proportion of infants identified as having a significant hearing loss by the screening process who are ultimately found to not have a significant hearing loss.

(5) “Family” or “families” means a birth parent(s), stepparent(s), adoptive parent(s), legal guardian(s), or other legal custodian of a newborn, infant, or child.

(6) “Family-centered” means the beliefs, values, and practices that emphasize the essential role of the family in all aspects of the decision-making and intervention process regarding the young child.

(7) “Health-care insurer” means any entity regulated by the Insurance Commissioner, including, but not limited to, health-care insurers; health, hospital or medical service plan corporations; or health maintenance organizations. Health-care insurer does not include self-insured plans or groups regulated by the Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq.), to the extent that state regulation of such plans is preempted by ERISA.

(8) “Health insurance policy” means any health insurance policy, contract, plan, or evidence of coverage issued by a health-care insurer, which provides medical coverage on an expense incurred, service or prepaid basis.

(9) “Hearing screening test” means automated auditory brain stem response, otoacoustic emissions, or another appropriate screening test approved by the Department of Health and Social Services.

(10) “Hospital” means a health care facility or birthing center licensed in this State that provides obstetrical services, or provides inpatient newborn services.

(11) “Infant” means a child who is not a newborn and has not attained the age of 1 year.

(12) “Lead agency” means the Department of Health and Social Services.

(13) “Newborn” means a child up to 28 days old.

(14) “Parent” means a natural parent, stepparent, adoptive parents, guardian, or custodian of a newborn or infant.

(15) “Significant hearing loss” means a hearing loss equivalent to or greater than a 35-decibel hearing loss (35-dB HL) in the better ear.

(16) “Surveillance and tracking system” means a monitoring and referral system and procedures designed for the collection and transmission of information and data necessary to implement timely and appropriate follow-up of infants identified through hearing screening programs.
16 Del. C. § 530 — Delaware Code / Title 16 / Chapter 5 / Subchapter II / Section 530
§ Â
        530. Exercise of religious freedom.
Status: in_force

Nothing in this subchapter shall be construed to authorize or empower the medical treatment of any person who desires treatment by prayer or spiritual means, in the exercise of religious freedom; provided however, that said person shall be isolated or quarantined, or both, at the patient’s expense, and while so quarantined or so isolated, or both, shall comply with all applicable sanitary rules, laws and regulations.
16 Del. C. § 602 — Delaware Code / Title 16 / Chapter 6 / Section 602
§ Â
        602. General powers of Secretary.
Status: in_force

(a) The Secretary of the Department of Health and Social Services shall make such rules and regulations as in the Secretary’s judgment are necessary for the detection of the disease and for the care, control and treatment of persons infected therewith, as the Secretary from time to time deems advisable.

(b) The Secretary may operate the program through the Infectious Disease Laboratory of the Wilmington Medical Center and shall make it available to the general public through cooperating physicians and public school systems in the State.
16 Del. C. § 7503 — Delaware Code / Title 16 / Chapter 75 / Section 7503
§ Â
        7503. Regulation of doors in public places.
Status: in_force

All public schoolhouses, theatres, lecture rooms, churches and public halls where large numbers of persons assemble, if more than 1 story in height, shall be furnished with doors opening outwardly and hung in such manner as to afford the most convenient and ready means of safe and speedy egress. Any building having doors of egress that open outwardly as provided in this section may also have outer doors on the front that do not so open, if the outer doors are habitually kept open during the services or performances.
16 Del. C. § 98A-104 — Delaware Code / Title 16 / Chapter 98A / Section 98A-104
§ Â
        98A-104. Compact privilege to practice.
Status: in_force

A. Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with § 98A-104 of this title.

B. To exercise the privilege to practice under the terms and provisions of this Compact, an individual must meet all of the following:

1. Be at least 18 years of age.

2. Possess a current, unrestricted license in a member state as an EMT, AEMT, paramedic, or state recognized and licensed level with a scope of practice and authority between EMT and paramedic.

3. Practice under the supervision of a medical director.

C. An individual providing patient care in a remote state under the privilege to practice shall function within the scope of practice authorized by the home state unless and until modified by an appropriate authority in the remote state, as may be defined in the rules of the Commission.

D. Except as provided in this section, an individual practicing in a remote state is subject to the remote state’s authority and laws. A remote state may, in accordance with due process and that state’s laws, restrict, suspend, or revoke an individual’s privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of its citizens. If a remote state takes action, the remote state shall promptly notify the home state and the Commission.

E. if an individual’s license in any home state is restricted or suspended, the individual is not eligible to practice in a remote state under the privilege to practice until the individual’s home state license is restored.

F. If an individual’s privilege to practice in any remote state is restricted, suspended, or revoked, the individual is not eligible to practice in any remote state until the individual’s privilege to practice is restored.
16 Del. C. § 4740 — Delaware Code / Title 16 / Chapter 47 / Subchapter III / Section 4740
§ Â
        4740. Sale of pseudoephedrine or ephedrine.
Status: in_force

(a) Beginning January 1, 2014, before completing a sale of an over-the-counter material, compound, mixture, or preparation containing any detectable quantity of pseudoephedrine or ephedrine, its salts or optical isomers, or salts of optical isomers a pharmacy or retailer shall electronically submit the information required pursuant to subsection (b) of this section to the National Precursor Log Exchange system (NPLEx) administered by the National Association of Drug Diversion Investigators; provided that the NPLEx is available to pharmacies or retailers in the State without a charge for accessing the system. The pharmacy or retailer shall not complete the sale if the NPLEx system generates a stop sale alert. The system shall contain an override function that may be used by an agent of a retail establishment who is dispensing the drug product and who has a reasonable fear of imminent bodily harm if the transaction is not completed. The system shall create a record of each use of the override mechanism.

(b) The pharmacy or retailer shall maintain a written or electronic log of required information for each sale of a nonprescription product containing pseudoephedrine or ephedrine, including:

(1) The date and time of any transaction;

(2) The name, address, and date of birth of the person purchasing or obtaining the substance;

(3) The type of government-issued identification provided by the person purchasing or obtaining the substance and identification number;

(4) The government agency issuing the identification used; and

(5) The name of the compound, mixture, or preparation and the amount.

The pharmacy or retailer shall require every person purchasing or obtaining the substance to sign a written or electronic log attesting to the validity of the information.

(c) If a pharmacy or retailer selling an over-the-counter product containing the substance experiences mechanical or electronic failure of the electronic tracking system and is unable to comply with the electronic sales tracking requirement under this section, the pharmacy or retailer shall maintain a written log or an alternative electronic record keeping mechanism until such time as the pharmacy or retailer is able to comply with the electronic sales tracking requirement.

(d) Any material, compound, mixture, or preparation as defined in subsection (a) of this section shall be dispensed, offered for sale, sold, or distributed only from behind a checkout counter, pharmacy counter, or in a locked storage container where the public is not permitted.

(e) A licensed pharmacist, sales clerk, or pharmacy technician shall require that any person purchasing, receiving, or otherwise acquiring any such substance shall be age 18 or older, produce a photo identification showing the date of birth of the person, and sign a written log or receipt showing the date of the transaction, name of the person, and the amount of such substance. The written log or electronic log shall be retained for at least 12 months.

(f) No person, other than pharmacy or retail establishment, shall purchase, receive, or otherwise acquire more than 9 grams of any such substance within any 30-day period.

(g) A violation of this section is a class A misdemeanor.

(h) The National Association of Drug Diversion Investigators shall forward Delaware transaction records in the NPLEx to the Drug Diversion Unit of the Delaware State Police weekly and provide real-time access to the NPLEx information through the NPLEx online portal to law enforcement in the State as authorized by the State Police; provided that the State Police execute a memorandum of understanding with the National Association of Drug Diversion Investigators governing access to the information; provided further that the State Police shall establish the electronic tracking system in conjunction with the State’s existing narcotics tracking system no later than January 1, 2014.
16 Del. C. § 1165 — Delaware Code / Title 16 / Chapter 11 / Subchapter VII / Section 1165
§ Â
        1165. Social services staffing.
Status: in_force

All residential health facilities shall employ a full-time social worker, except that facilities licensed for fewer than 100 beds may designate other personnel to assume the duties associated with that position in accordance with the rules and regulation promulgated and adopted pursuant to this subchapter.
16 Del. C. § 5542 — Delaware Code / Title 16 / Chapter 55 / Subchapter IV / Section 5542
§ Â
        5542. Interagency Committee on Autism.
Status: in_force

The General Assembly hereby establishes the Interagency Committee on Autism (ICA) with the charge to:

(1) Utilize evidence-based practices and programs to improve outcomes for people living with ASD and related developmental disabilities in Delaware by sharing information, initiatives, data and communications among both public and private agencies providing services and supports for individuals and families affected by autism spectrum disorders in the State.

(2) Implement the recommendations outlined in the 2013 Delaware Strategic Plan entitled “Blueprint for Collective Action: Final Report of the Delaware Strategic Plan to Improve Services and Supports for Individuals with Autism Spectrum Disorder.” This may include assisting state agencies and partner agencies to develop more detailed implementation strategies and timelines, and to track progress towards specific goals.

(3) Monitor services currently provided by state agencies to people with ASD, with the goal of identifying gaps and avoiding duplication of services.

(4) Provide oversight for and development of goals and priorities for the Delaware Network for Excellence in Autism (Network), created to assist in the implementation of the Committee’s recommendations.

(5) Advise the General Assembly on legislation that is needed to implement these recommendations. The ICA may develop and recommend legislation to the General Assembly or comment on pending legislation that affects those persons.

(6) Submit a report annually to the Governor and the General Assembly summarizing:

a. The progress towards all recommendations adopted by the ICA and the activities of the Network and the ICA;

b. Major categories of expenses and that includes all public, private, and in-kind support.

(7) Members of the ICA shall not be compensated directly for their service on the ICA.

(8) The ICA shall be chaired by the Network Director, who shall be responsible for coordinating quarterly meetings of the ICA with the locations of those meetings moving between state counties regularly.

(9) The Network Director shall not be a voting member of the ICA.

(10) Members of the ICA in existence on September 14, 2016, shall maintain their membership.

(11) New members of the ICA not specifically mentioned below shall be appointed by a majority vote of the existing ICA members.

(12) The ICA shall adopt rules for the conduct of its meetings.

(13) Any actions taken by the ICA must be approved by a majority vote of the members present.

(14) The ICA shall establish policies and adopt rules to carry out its duties.

(15) Voting members of the ICA shall consist of, but not be limited to:

a. The Statewide Director of the Delaware Autism Program;

b. A representative appointed by the Department of Education;

c. A representative appointed by the Division of Developmental Disabilities Services;

d. A representative appointed by the Division of Vocational Rehabilitation;

e. A representative appointed by the Center for Disabilities Studies at the University of Delaware;

f. A representative appointed by Autism Delaware;

g. A representative appointed by the Nemours network;

h. A representative appointed by the Division of Public Health;

i. A representative appointed by the Delaware Association of Rehabilitation Facilities;

j. A representative appointed by the Division of Substance Abuse and Mental Health;

k. A representative appointed by Family Voices;

l. A representative appointed by the Parent Information Center of Delaware;

m. A representative of Part C, Birth to Three Early Intervention System;

n. A representative appointed by the Division of Prevention and Behavioral Health Services;

o. A parent or caregiver of a child or adult with ASD from each county in Delaware;

p. An individual with ASD.

(16) Administrative staff support for the ICA shall be provided by the Network.
16 Del. C. § 9219 — Delaware Code / Title 16 / Chapter 92 / Section 9219
§ Â
        9219. Bonds or notes eligible for investment.
Status: in_force

Bonds or notes issued by the Authority under this chapter are hereby made securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies, trust companies, savings banks, cooperative banks, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds or notes are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds or notes or obligations of the State is now or may hereafter be authorized by law.
16 Del. C. § 3308 — Delaware Code / Title 16 / Chapter 33 / Section 3308
§ Â
        3308. Misbranding of drugs.
Status: in_force

For the purposes of this chapter, a drug is deemed to be misbranded:

(1) If it is an imitation of or offered for sale under the name of another drug;

(2) If the contents of the package as originally put up were removed, in whole or in part, and other contents were placed in such package or if the package fails to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate or acetanilide, or any derivative or preparation of any such substances contained therein;

(3) If its package or label bears any statement, design or device regarding such article, or the ingredients or substances contained therein which is false or misleading in any particular way;

(4) If it is included in the definition of misbranding in the Federal Food, Drug and Cosmetic Act [21 U.S.C. § 301 et seq.].
16 Del. C. § 3510 — Delaware Code / Title 16 / Chapter 35 / Section 3510
§ Â
        3510. Closing factories.
Status: in_force

In any case the Department of Health and Social Services, in its discretion, may, instead of prosecuting a person, close the factory in which a violation of this chapter occurs and may cause all work therein to be discontinued until such violations are discontinued or until such changes as may be necessary to make the factory sanitary are made, as directed by the Department of Health and Social Services.
16 Del. C. § 2214A — Delaware Code / Title 16 / Chapter 22A / Section 2214A
§ Â
        2214A. Access to funding.
Status: in_force

(a) Except for certified recovery houses, Oxford Houses, or recovery houses authorized by the Division, it is unlawful for a recovery house to accept state or local funding. Violation of this subsection is a civil violation punishable by a fine of no more than twice the amount of funding accepted in violation of this subsection.

(b) Whenever a court determines the amount of a fine assessed under subsection (a) of this section, the court shall consider the operator’s history of violations.
16 Del. C. § 1115 — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1115
§ Â
        1115. Injunctive relief.
Status: in_force

In addition to any other remedy provided by law, the Department may bring an action in Chancery Court to enjoin a long-term care facility from engaging in activities that pose a threat to the health or safety of a resident of the long-term care facility. A temporary restraining order may be granted by the court if continued activity by the long-term care facility would create an imminent risk to a resident at the facility.
16 Del. C. § 7902 — Delaware Code / Title 16 / Chapter 79 / Section 7902
§ Â
        7902. Principles applicable throughout State.
Status: in_force

All plumbing installed after June 4, 1949, in any part of the State shall conform to the basic plumbing principles provided in this chapter.
16 Del. C. § 1404 — Delaware Code / Title 16 / Chapter 14 / Section 1404
§ Â
        1404. Withdrawal or joinder of municipalities; procedure.
Status: in_force

(a) Whenever an authority has been incorporated by 2 or more municipalities, any 1 or more of such municipalities may withdraw therefrom and any municipality not having joined in the original incorporation may join in the authority, but no municipality shall be permitted to withdraw from any authority after an obligation has been incurred by the authority.

(b) Any municipality wishing to withdraw from or to become a member of an existing authority shall signify its desire by resolution or ordinance after an enabling referendum. If the authority shall by resolution express its consent to such withdrawal or joining, articles of withdrawal or articles of joinder, as the case may be, shall be executed by the proper officers of the withdrawing or incoming municipality and shall be joined by the proper officers of the governing body of the authority and, in the case of a municipality seeking to become a member of the authority, also by the proper officers of each of the municipalities that are then members of the authority, pursuant to resolutions or ordinances by the governing bodies of such municipalities. In the case of a certificate of joinder, the certificate shall set forth all of the information required in the case of original incorporation insofar as it applies to the incoming municipality including the name and address and term of office of the first member of the board of the authority from the incoming municipality. Articles of withdrawal and articles of joinder shall be filed with the Secretary of State, who shall receive the same and endorse thereon the date and time of such receipt. If the Secretary of State finds that the articles of withdrawal or articles of joinder, as the case may be, conform to law, the Secretary of State shall forthwith endorse the Secretary of State’s own approval thereon and issue a certificate of approval to which shall be attached a copy of the approved articles. Upon the issuance of such certificate of approval by the Secretary of State, said articles of withdrawal or articles of joinder, as the case may be, shall become effective and be in full force and effect, and such articles shall be conclusively deemed to have been lawfully and properly adopted. Promptly after the issuance of a certificate of approval the Secretary of State shall record the articles of withdrawal or articles of joinder, as the case may be, together with the endorsements thereon, in the book kept by it for the purpose of recording articles of incorporation.
16 Del. C. § 2217 — Delaware Code / Title 16 / Chapter 22 / Section 2217
§ Â
        2217. Changing to voluntary status.
Status: in_force

An involuntary patient is entitled to change that patient’s own status to that of a voluntary patient if a member of the staff of the facility certifies that:

(1) The patient is reasonably capable of understanding the nature of the decision to change status; and

(2) Such a change is in the patient’s best interest. If such a change in status is challenged within 2 days by the patient’s next of kin or legal representative, the court will schedule a hearing to finally determine the matter.
16 Del. C. § 2224 — Delaware Code / Title 16 / Chapter 22 / Section 2224
§ Â
        2224. Reporting requirements.
Status: in_force

(a) Any employee of a facility or anyone who provides services to a patient of a facility on a regular or intermittent basis who has reasonable cause to believe that a patient or resident in a facility has been abused, mistreated, neglected or financially exploited shall immediately report such abuse, mistreatment, neglect or financial exploitation to the Department by oral and written communication. The written report shall be filed by the employee or service provider within 48 hours after the employee or service provider first gains knowledge of the abuse, mistreatment, neglect or financial exploitation.

(b) Any person required by subsection (a) of this section to make an oral and a written report who fails to do so shall be liable for a civil penalty not to exceed $1,000 per violation.

(c) In addition to those persons subject to subsection (a) of this section, any other person may make such a report if such person has reasonable cause to believe that a patient or resident of a facility has been abused, mistreated, neglected or financially exploited.

(d) Any individual who intentionally makes a false report under this subchapter shall be guilty of a class A misdemeanor.

(e) Any correspondence or other written communication from a patient to the Department, the Attorney General’s office and/or a law-enforcement agency shall, if delivered to or received by a facility, be promptly forwarded, unopened, by the facility or service provider to the agency to which it is written. Any correspondence or other written communication from the Department, the Attorney General’s office and/or a law enforcement agency to a patient shall, if delivered to or received by the facility or other service provider, be promptly forwarded, unopened, by the facility or other service provider to such patient. Failure to comply with this section shall result in a civil penalty not to exceed $1,000 per violation.
16 Del. C. § 6304 — Delaware Code / Title 16 / Chapter 63 / Section 6304
§ Â
        6304. Emergency release notifications.
Status: repealed

(a) Emergency release notification requirements are established under §§  6014, 6028, and 7712 of Title 7.

(b) [Repealed.]

(c) Concerning the requirements for immediate notice to the State Emergency Response Commission as established under 42 U.S.C. § 11004(b) and regulations established under that act, notification to the Department shall serve as notification to the State Emergency Response Commission.

(d) Concerning the requirements for submission of written followup reports to the State Emergency Response Commission as established under 42 U.S.C. § 11004(c) and regulations established under that act, submissions to the Department shall serve as submission to the State Emergency Response Commission.
16 Del. C. § 7606 — Delaware Code / Title 16 / Chapter 76 / Section 7606
§ Â
        7606. Solar-ready zone; school and state buildings [For application of this section, see 84 Del. Laws, c. 400, Â 2].
Status: in_force

(a) This section applies to new school buildings governed by Chapter 75 of Title 29 and new state buildings governed by Chapter 69 of Title 29.

(b) New school and state buildings of at least 50,000 square feet, must contain a “solar-ready zone” as defined in § 7605 of this title.

(c) (1) Construction documents for buildings subject to this section must comply with the requirements of § 7605(d) of this title.

(2) Buildings subject to this section must comply with the requirements of § 7605(f) through (i) of this title.
16 Del. C. § 7208 — Delaware Code / Title 16 / Chapter 72 / Section 7208
§ Â
        7208. Ownership of liquefied petroleum gas containers.
Status: in_force

Any liquefied petroleum gas containers placed upon land, whether aboveground or underground, by a person other than the owner of the land, pursuant to a lease or bailment agreement between the owner of the land and the person placing such containers on the land, shall remain movable property during the term of such lease or bailment, and the ownership thereof shall not be affected by the sale, either private or judicial, through foreclosure, execution process or otherwise, of the land upon which they are placed, nor shall the ownership of such containers by the person placing them upon the land be subordinate to the rights of any purchaser of the land at any such sale. The owner of any liquefied petroleum gas container removed from any property under this section shall be responsible for filling in the hole resulting from the removal of such container.
16 Del. C. § 2513A — Delaware Code / Title 16 / Chapter 25A / Section 2513A
§ Â
        2513A. Conflicting directives.
Status: in_force

(a) The patient’s scope of treatment shall be governed by the latest directive available.

(b) If the treatment directives of a later advance health-care directive conflict with the patient’s directives on a DMOST form, a health-care practitioner shall be informed so that the DMOST form can be modified or voided in order to reflect that patient’s later directive.

(c) If there is a conflict between the patient’s expressed oral or written directives, the DMOST form, or the decisions of the patient’s authorized representative, the patient’s last expressed oral or written directives shall be followed and, if necessary, a new DMOST form shall be prepared and executed.
16 Del. C. § 8804 — Delaware Code / Title 16 / Chapter 88 / Section 8804
§ Â
        8804. Rules and regulations promulgation by State Fire Prevention Commission.
Status: in_force

All fire protection systems as required under the provisions of this chapter shall meet the minimum standards and specifications of the State Fire Prevention Regulations as promulgated by the State Fire Prevention Commission.
16 Del. C. § 7413 — Delaware Code / Title 16 / Chapter 74 / Section 7413
§ Â
        7413. Injunctions.
Status: in_force

Whenever, in the judgment of the Authority, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter or any rule, regulation or order issued thereunder, the Authority may request the Attorney General to make application to the Court of Chancery for an order enjoining such acts or practices or for an order directing compliance and, upon a showing by the Authority that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order or other order may be granted.
16 Del. C. § 3076F — Delaware Code / Title 16 / Chapter 30F / Subchapter V / Section 3076F
§ Â
        3076F. Finding to declare a dog dangerous; duties of dog owner [For application of this section, see 84 Del. Laws, c. 390, Â 13].
Status: in_force

(a) The Justice of the Peace Court may declare a dog to be dangerous if it finds by clear and convincing evidence that the dog has done any of the following:

(1) Killed or inflicted serious physical injury upon a human being.

(2) Killed or inflicted serious physical injury upon a domestic animal, provided the domestic animal was on the property of its owner or under the immediate control of its owner.

(3) Inflicted physical injury upon a human being or a domestic animal after the dog has been declared potentially dangerous under § 3077F of this title.

(b) If the Justice of the Peace Court declares a dog to be dangerous, or a dog’s owner voluntarily agrees to the designation of dangerous, it is unlawful for any person to keep or maintain such dog unless all of the following occur:

(1) The dog is spayed or neutered.

(2) The dog owner procures and maintains liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by such dog.

(3) The dog is confined by its owner within a proper enclosure or, when outside of the proper enclosure, the dog is all of the following:

a. Securely muzzled.

b. Restrained by a substantial leash that is not retractable and does not exceed 6 feet.

c. Under the physical control of a responsible adult.

(4) The dog owner displays, in a conspicuous manner, a sign on the dog owner’s premises warning that a dangerous dog is on the premises. The sign must be visible and legible from the public highway or 100 feet, whichever is less.

(5) The dog owner immediately notifies the Department when the dog is loose, unconfined, has attacked a human being or a domestic animal, has been moved to another address, or dies.

(6) The dog is licensed.

(7) The dog is vaccinated for rabies.

(8) The dog is microchipped, and the microchip is registered to the owner.

(9) The dog owner meets any other condition that the Justice of the Peace Court has deemed reasonable, given the circumstances of the case.

(c) It shall be unlawful for the owner of a dangerous dog to sell, offer for sale, or give away said dog to any other person other than the Department. If a dangerous dog is given to the Department, the dog shall be disposed of by euthanasia in accordance with subchapter I of this chapter.
16 Del. C. § 6606 — Delaware Code / Title 16 / Chapter 66 / Subchapter I / Section 6606
§ Â
        6606. Annual report; financial statement and budget.
Status: in_force

(a) The State Fire Prevention Commission shall annually, on or before September 30, transmit to the Governor a full report of its proceedings under this chapter and such statistics as it may wish to include therein. It shall also recommend any amendments to the law which in its judgment shall be desirable.

(b) Along with the annual report, the State Fire Prevention Commission shall transmit a financial statement showing all expenditures and income of the State Fire Prevention Commission covering the preceding 12 months, starting July 1 and ending June 30.

(c) In the even-numbered years the State Fire Prevention Commission shall submit to the Budget Commission a budget showing proposed expenditures for the biennium beginning July 1 next succeeding.

(d) The State Fire Prevention Commission shall be given the authority to reimburse volunteer fire companies which incur extraordinary expenses, an amount not to exceed the amount specified in the annual appropriations act, upon request from a volunteer fire company. An “extraordinary expense” under the provisions of this section shall be defined as an expense for which a volunteer fire company would not normally prepare for in its company budget and is not covered by said company’s own private insurance.
16 Del. C. § 6407 — Delaware Code / Title 16 / Chapter 64 / Section 6407
§ Â
        6407. Denial of entry to amusement rides.
Status: in_force

The owner or operator of an amusement ride may deny entry to the ride to any person if in the owner’s or operator’s opinion the entry may jeopardize the safety of the person who desires to enter or the safety of other patrons of the amusement ride.
16 Del. C. § 7403B — Delaware Code / Title 16 / Chapter 74B / Section 7403B
§ Â
        7403B. Presumption.
Status: in_force

Until and unless a field visitation or written determination is obtained from the public utility operating an electric line that is above ground level and such visitation or writing results in a determination that states otherwise, there is a rebuttable presumption that the electric line is:

(1) To be energized at all times after installation or erection; and

(2) To have a voltage of more than 600 volts.
16 Del. C. § 2701 — Delaware Code / Title 16 / Chapter 27 / Subchapter I / Section 2701
§ Â
        2701. Registration of approved institutions and persons.
Status: in_force

Any nonprofit hospital, accredited university or research institution and teachers, students, research workers and technicians in this State conducting anatomical studies accredited by a nationally recognized accrediting body approved by the Board of Medical Licensure and Discipline desiring to obtain dead bodies for the purpose of anatomical studies shall register with the Board of Medical Licensure and Discipline on such forms as may be prescribed by the Board and for the purpose of this subchapter such a registered hospital, university or research institution shall be known as an approved institution, and any registered teacher, student, research worker or technician shall be known as an approved person, and the Board of Medical Licensure and Discipline shall have the right to refuse registration of such hospital, accredited university or research institution or such persons.
16 Del. C. § 3153 — Delaware Code / Title 16 / Chapter 31 / Subchapter III / Section 3153
§ Â
        3153. Disinterment â Rules and regulations.
Status: in_force

No body or stillborn fetus shall be disinterred within the State except upon a permit granted by the State Registrar of Vital Statistics. The forms of disinterment permits shall be prepared by the Office of Vital Statistics. Disinterment and removal must be conducted under the personal supervision of a licensed funeral director.
16 Del. C. § 218 — Delaware Code / Title 16 / Chapter 2 / Subchapter II / Section 218
§ Â
        218. Regulations [Transferred].
Status: in_force

Transferred to § 3112A of Title 14 by 83 Del. Laws, c. 213, § 2, effective Sept. 30, 2021.
16 Del. C. § 8601 — Delaware Code / Title 16 / Chapter 86 / Section 8601
§ Â
        8601. Definitions.
Status: in_force

As used in this chapter:

(1) “Hazardous locations” mean those installations, glazed or to be glazed, in industrial, commercial and public buildings known as framed or unframed glass entrance doors; and those installations, glazed or to be glazed, in residential buildings and other structures used as dwellings, industrial buildings, commercial buildings and public buildings known as sliding glass doors, storm doors, shower doors, bathtub enclosures and fixed glazed panels adjacent to entrance and exit doors which because of their location present a barrier in the normal path traveled by persons going into or out of these buildings, and because of their size and design may be mistaken as means of ingress or egress; and any other installation, glazed or to be glazed, wherein the use of other than safety glazing materials would constitute an unreasonable hazard as the inspector of the county in which the construction is done may determine after notice and hearings as required by the county in which the construction is located, whether or not the glazing in such doors, panels, enclosures and other installations is transparent.

(2) “Safety glazing material” means any glazing material, such as tempered glass, laminated glass, wire glass or rigid plastic, which meets the test requirements of the current American National Standards Institute Standard Z-97.1 and such further requirements as may be adopted by the building inspector of the county in which the construction is done after notice and hearing as required by the county in which the construction is located, and which are so constructed, treated or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material.
16 Del. C. § 6618 — Delaware Code / Title 16 / Chapter 66 / Subchapter III / Section 6618
§ Â
        6618. State Fire Prevention Commissionâs powers and duties.
Status: in_force

(a) The State Fire Prevention Commission shall have complete jurisdiction over the Delaware State Fire School and is vested with full power and authority:

(1) To adopt rules and regulations necessary for the governing of said institution;

(2) To appoint a Director to run the daily operations of the Delaware State Fire School and to employ or acquire such other instructors, office and clerical employees as may be necessary.

(3) To have full management, possession and control of the lands, buildings, structures and property belonging thereto;

(4) To approve the courses of study of the institution;

(5) To approve the rules and regulations for the admission of trainees to said institution;

(6) To visit and inspect said institution and every department thereof, including any and all accounts and records;

(7) To approve all necessary budgets of expenditures for the enlargement, proper furnishings, maintenance, support and conduct of said institution;

(8) To build, construct, change, enlarge, repair and maintain any and all buildings or structures of said institution that may at any time be necessary for said institution;

(9) To purchase and acquire all lands and property necessary for same, of every nature and description whatsoever;

(10) To care for and maintain the same and to do and perform every other matter or thing requisite to the proper management, maintenance, support and control of said institution necessary or requisite to carry out fully the purpose of §§ 6617-6623 of this title, and for raising it to and maintaining it at the proper efficiency and standard as required in the interest of public safety.

(b) The State Fire Prevention Commission shall be permitted to conduct any live burn operation at the Delaware State Fire Service Center, including the New Castle and Sussex Divisions, necessary to carry out the purposes and duties of this chapter, notwithstanding any other provision of the Delaware Code, any county or municipal ordinance or any rules or regulations prohibiting the same to the contrary.
16 Del. C. § 3003F — Delaware Code / Title 16 / Chapter 30F / Subchapter I / Section 3003F
§ Â
        3003F. Animal adoption, recovery, and rehabilitation.
Status: in_force

(a) Animal shelters shall be open to the public after normal business hours, including evenings and weekends, to increase access for the purpose of adoption.

(b) Animal shelters shall provide a minimum holding period of 3 business days for animals in their care, to allow reclamation by their owners. If an adoptable animal is not reclaimed, the animal may be transferred to another animal shelter or rescue for adoption, or adopted as a companion in a suitable home. The holding period required by this subsection shall not apply to owner-surrendered animals, other cases in which the owner of the animal is known, or to cats that are returned to field as part of a free-roaming cat program.

(c) Animal recovery. — (1) Animal shelters shall take appropriate action to ensure that all animals brought to the shelter are checked for all currently acceptable methods of identification, including microchips, identification tags, tattoos, and licenses.

(2) Animal shelters shall maintain updated lists of animals reported lost, and attempt to match these lost reports with animals reported found and animals in the shelter, and shall also post all stray animals on the Internet with sufficient detail to allow them to be recognized and claimed by their owners.

(3) If a possible owner is identified, the animal shelter shall make every reasonable attempt to reunite the animal with its owner. Upon the owner’s or caretaker’s initiative of recovery procedures, the animal shelter shall retain custody of the animal for 5 business days to allow for completion of the recovery process. The owner or custodian of the animal may be held responsible for reasonable housing and boarding costs once the owner or custodian has been notified of the animal’s location, provided that the owner or custodian has been advised of such costs prior to the costs being incurred.

(4) All animals adopted out must be microchipped.

(d) Animal shelters shall establish and maintain a registry of organizations willing to accept animals for the purpose of adoption, including breed specific rescues, or to provide the animals with long-term placements. The registry shall include the types and breeds of animals about which the organization wishes to be contacted. Animal shelters shall have the right to inspect the facilities of any adoption organization taking animals from the shelter.

(e) Animal shelters shall make best efforts to prioritize acceptance of animals from within the State of Delaware before accepting dog or cat intakes from outside of Delaware. Animals accepted from shelters outside the State of Delaware must have a current health certification.

(f) Prior to an adoption, an animal shelter shall consult the animal abuse offender list as established by § 4131 of Title 11 to determine if the individual seeking ownership of an animal is on the animal abuse offender list.

(1) Animal shelters may not approve an animal adoption to an individual on the animal abuse offender list.

(2) A pet store that allows for an animal shelter to use the store’s premises for the purpose of making animals available for adoption are exempt from requirements of this subsection provided that the pet store does not have an ownership interest in any of the animals that are made available for adoption.
16 Del. C. § 1101 — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1101
§ Â
        1101. Purpose and overview.
Status: in_force

(a) It is the intent of the General Assembly that the primary purpose of the licensing and regulation of long-term care facilities is to ensure that these facilities provide a high quality of care and quality of life to their residents.

(b) This chapter and the regulations adopted to implement it establish minimum acceptable levels of care. A violation of a minimum acceptable level of care is prohibited by law.

(c) The State shall undertake measures to prevent violations. Prevention shall be promoted through education, particularly regarding any new laws and regulations adopted by the State.

(d) The State shall undertake measures to assure that violations of this chapter and the regulations promulgated under this chapter are remedied. To that end, the Department shall do all of the following:

(1) Set standards of care.

(2) Determine compliance with those standards through inspections, investigations and other compliance measures.

(3) Impose sanctions and remedies for noncompliance.

(e) (1) The Department shall be responsible for issuing licenses and certifying the compliance of facilities with state laws and regulations.

(2) Each facility licensed under this chapter shall, at a minimum, provide quality care in accordance with this chapter and the regulations promulgated thereunder. Components of quality of care and quality of life addressed by this chapter and regulations promulgated thereunder include all of the following:

a. Access to care.

b. Continuity of care.

c. Comprehensiveness of care, including activities.

d. Coordination of services.

e. Humaneness of treatment and respect for the dignity of each resident.

f. Safety of the environment.

g. Qualifications of caregivers.

(f) This chapter and its regulations are intended for use in state inspections of facilities licensed under this chapter and any investigations and enforcement actions, and are designed to be useful to consumers and providers in assessing the quality of care provided in a facility.

(g) The consumer protection goal of ensuring that residents of long-term care facilities receive quality care shall be strived for in the following ways:

(1) Monitoring the factors relating to the health, safety, welfare and dignity of each resident.

(2) Providing effective remedies and requiring their prompt imposition for noncompliance with licensing standards.

(3) Providing the public with information concerning the operation of long-term care facilities in this State.

(h) This chapter shall be construed broadly to accomplish the purposes set forth in this section.
16 Del. C. § 5502 — Delaware Code / Title 16 / Chapter 55 / Subchapter I / Section 5502
§ Â
        5502. Development of abilities.
Status: in_force

Persons diagnosed with intellectual disabilities or other specific developmental disabilities have the right to proper medical care and physical restoration and to such education, training, habilitation and guidance as will enable them to develop their abilities and potentials to the fullest possible extent, no matter how severe their disability may be.
16 Del. C. § 10224A — Delaware Code / Title 16 / Chapter 102A / Subchapter III / Section 10224A
§ Â
        10224A. Administrative provisions.
Status: in_force

(a) The Department of Finance may adopt regulations or policies and procedures to administer, enforce, and implement this subchapter.

(b) A provider or seller shall remit the behavioral health crisis intervention services surcharge on forms authorized by the Director of the Division of Revenue.

(c) Subject to this chapter, the Department of Finance may make agreements with a provider or seller relating to collecting and remitting surcharges.

(d) To the extent practicable, the audit, appeal, and other administrative provisions of Chapters 3 and 5 of Title 30 apply to the administration of the behavioral health crisis intervention services surcharge.
16 Del. C. § 1203 — Delaware Code / Title 16 / Chapter 12 / Subchapter I / Section 1203
§ Â
        1203. Authorization to retain genetic information and samples from which genetic information is derived.
Status: in_force

(a) No person shall retain an individual’s genetic information without first obtaining informed consent from the individual unless:

(1) Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;

(2) Retention is necessary to determine paternity;

(3) Retention is authorized by order of a court of competent jurisdiction;

(4) Retention is made pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29;

(5) Retention of information is for anonymous research where the identity of the subject will not be released; or

(6) Retention is pursuant to newborn screening requirements established by state or federal law.

(b) The sample of an individual from which genetic information has been obtained shall be destroyed promptly unless:

(1) Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;

(2) Retention is authorized by order of a court of competent jurisdiction; or

(3) Retention is authorized by the individual; or

(4) Retention is for anonymous research where the identity of the subject will not be released.
16 Del. C. § 3509 — Delaware Code / Title 16 / Chapter 35 / Section 3509
§ Â
        3509. Venue.
Status: in_force

Whenever any person violates any of this chapter the Department of Health and Social Services shall cause the person so violating to be prosecuted in a court having jurisdiction in the county where the offense is committed.
16 Del. C. § 7206 — Delaware Code / Title 16 / Chapter 72 / Section 7206
§ Â
        7206. Disposition of fines and costs.
Status: in_force

The costs incurred in the enforcement of this chapter shall be assessed and collected in the same manner as in other criminal cases, and all fines collected by virtue of this chapter shall be turned over in the same manner and for the same purposes as criminal and misdemeanor fines are disposed of by law.
16 Del. C. § 3001I — Delaware Code / Title 16 / Chapter 30I / Section 3001I
§ Â
        3001I. Provision of information relating to mammography reports.
Status: in_force

(a) On completion of a mammogram, a mammography facility certified by the United States Food and Drug Administration shall provide to each patient a notice containing the results of the mammogram, including information about the patient’s breast density based on the Breast Imaging Reporting and Data System established by the American College of Radiology. The form of the notice shall be based on the guidance established by the American College of Radiology. The Delaware Radiological Society shall work with mammogram facilities in this State regarding the content of the notice and shall provide mammogram facilities with any updated language based on guidance from the American College of Radiology. The notice shall include a statement that a report of the results has been sent to the patient’s physician, and the patient should discuss the report, including the findings regarding breast density, with the patient’s physician. If the patient has no physician, or has not provided the mammography facility with the physician’s name or other identifying information, the notice must include a referral to at least 1 of the following:

(1) A hospital licensed under Chapter 10 of this title, whether a nonprofit subject to 26 U.S.C. § 501(c)(3), a not-for-profit entity, or a for-profit entity, known or believed by the mammography facility to have sufficient equipment and staff to discuss the results with the patient and coordinate or recommend appropriate care based on the results of the mammogram.

(2) An outpatient clinic or facility affiliated with a hospital or operating under the license of a hospital as defined in Chapter 10 of this title, known or believed by the mammography facility to have sufficient equipment and staff to discuss the results with the patient and coordinate or recommend appropriate care based on the results of the mammogram.

(b) Notwithstanding any other law, this section does not create a cause of action or create a standard of care, obligation, or duty that provides a basis for a cause of action.

(c) The information required by this section or evidence that a person violated this section is not admissible in a civil, judicial or administrative proceeding.

(d) This section may not be construed to require a notice regarding breast density to be sent to a patient that is inconsistent with the provisions of the Federal Mammography Quality Standards Act of 1992 [Pub. L. 102-539, 106 Stat. 3547], or regulations adopted under the Act.

(e) This notice may be sent with the patient’s mammogram results or as a separate communication to the patient.
16 Del. C. § 1407 — Delaware Code / Title 16 / Chapter 14 / Section 1407
§ Â
        1407. Limits of powers.
Status: in_force

None of the powers granted by this chapter shall be exercised in the construction, improvement, maintenance, extension or operation of any project or projects which in whole or in part shall duplicate or compete with existing utilities, public or private, serving substantially the same purposes. The municipality or municipalities organizing such an authority may, in the resolution or ordinance signifying their intention so to do, or from time to time by subsequent resolution or ordinance, specify the project or projects to be undertaken by the said authority, and no other projects shall be undertaken by the said authority than those so specified. If the municipality or municipalities organizing an authority fail to specify the project or projects to be undertaken, then the authority shall be deemed to have all the powers granted by this chapter.

No municipality which shall have created an authority under this chapter shall thereafter create any other authority serving the whole or any part of the same area. No municipality which shall have joined with any other municipality or municipalities in the creation of any authority under this chapter shall thereafter create or join in the creation of any other authority unless such other municipality or municipalities shall consent thereto by ordinance or resolution after a general referendum.
16 Del. C. § 1143 — Delaware Code / Title 16 / Chapter 11 / Subchapter IV / Section 1143
§ Â
        1143. Standards of care for nursing homes providing care to Medicaid recipients.
Status: in_force

(a) Any nursing facility as defined in 42 U.S.C. § 1396r(a) shall comply with all requirements regarding such facilities contained in Title XIX of the Social Security Act [42 U.S.C. § 1396 et seq.] and in any federal regulation issued pursuant thereto.

(b) For any violation of subsection (a) of this section, a nursing facility shall be subject to 1 or more of the following remedies:

(1) Denial of payment with respect to any recipient under the state Medicaid program admitted to the nursing facility, with notice to the public and the facility as provided for by regulations promulgated by the Department.

(2) A civil fine between 2 percent to 100 percent of a facility’s current per diem rate, which shall be collected with interest at the legal rate of interest, for each day in which a facility fails to comply with a requirement constituting a separate violation. Funds collected as a result of imposition of such a penalty shall be applied to the protection of the health or property of residents of the nursing facility found to have been in violation, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of deficiencies or closure, and reimbursement of residents for personal funds lost.

(3) The appointment, pursuant to regulations adopted by the Department, of temporary management to oversee the operation of the facility and to assure the health and safety of the facility’s residents.

(4) In the case of an emergency, the closure of the facility, the transfer of residents in that facility or other facilities, or both.

(c) In the case of a nursing facility which, on 3 consecutive standard surveys conducted pursuant to the rules or regulations promulgated by the Department, has been found to have provided substandard quality of care or has otherwise failed to comply with the requirement imposed pursuant to subsection (a) or (e) of this section, the Department shall (regardless of what other remedies are provided):

(1) Impose the remedy described in paragraph (b)(1) of this section; and

(2) Monitor the facility pursuant to regulations promulgated by the Department, until the facility has demonstrated, to the satisfaction of the Department, that the facility is in compliance with the requirements imposed pursuant to subsection (a) or (e) of this section, and that the facility will remain in compliance with such requirements.

(d) If a nursing facility has failed to comply with any of the requirements pursuant to subsection (a) or (e) of this section, within 3 months after the date the facility is found to be out of compliance with such requirements, the Department shall impose the remedy described in paragraph (b)(1) of this section for all individuals who are admitted to the facility after such date.

(e) The Department may establish and promulgate such rules and regulations governing the administration and operation of this section as may be deemed necessary and which are not inconsistent with the laws of this State.

(f) The Secretary of the Department or the Secretary’s designee shall have jurisdiction to hear any matter arising under subsections (a) and (e) of this section and shall have the power to impose any remedy listed under subsections (b), (c), and (d) of this section. Any party who is not satisfied with a decision of the Secretary or the Secretary’s designee may appeal to the Superior Court for the county in which the facility is located. Such appeal must be filed within 30 days from the date of the Secretary’s or the Secretary’s designee’s decision and must be on the record made before the Secretary or the Secretary’s designee.

(g) This section is intended to be applicable solely to nursing facilities as defined by 42 U.S.C. § 1396r(a) and shall not alter, amend, repeal, restrict or otherwise affect any existing Medicaid appeals procedures established by the Department.
16 Del. C. § 3073F — Delaware Code / Title 16 / Chapter 30F / Subchapter V / Section 3073F
§ Â
        3073F. Seizure and impoundment of dangerous or potentially dangerous dogs; notification of dog owner; hearing procedures.
Status: repealed

(a) An animal welfare officer shall seize and impound a dog suspected of being dangerous or potentially dangerous when the officer has reasonable cause to believe that the dog has engaged in 1 or more of the acts listed under § 3076F(a) or § 3077F(a) of this title.

(1)-(4) [Repealed.]

(b) Any dog seized pursuant to this section shall be impounded until a final disposition as to whether the dog is dangerous or potentially dangerous. The Department shall take all reasonable action to determine the identity of the owner of the impounded dog. If the owner cannot be identified within 5 days of the dog’s impoundment, unless earlier disposal is recommended by a doctor of veterinary services, the Department may dispose of the dog in accordance with this subchapter.

(c) The owner of any seized and impounded dog has a right to a hearing to determine whether the dog is dangerous or potentially dangerous.

(1) The Justice of the Peace Court is the Court of original and exclusive jurisdiction for hearings under this subsection.

(2) Unless the dog owner agrees to the proposed conditions, the Department shall file a civil action with the Justice of the Peace Court within 15 business days after impoundment of the dog and identification of the dog’s owner and notice to the dog owner.

(d) The Justice of the Peace Court shall hold a hearing under this subsection within 30 days of the Department filing of a civil action.

(1) All Justice of the Peace Court Civil Rules apply to proceedings under this subchapter, except where otherwise stated.

(2) The Justice of the Peace Court shall keep a record, sufficient for judicial review, of all evidence taken at hearings under this subchapter, according to the Court’s rules regarding the recording of proceedings.

(3) A hearing shall be held within 30 days of the Department filing a civil action. The dog may be released to its owner and the charges made under subsection (a) of this section may be dismissed, unless a delay is requested by the owner and approved by the Department for good cause at the Court’s discretion.

(e) If the dog owner fails to appear for the hearing, the Justice of the Peace Court shall enter a default judgment. A motion to vacate a default judgment may be filed within 10 days of the entry of the default judgment. If no motion is filed, the Department shall dispose of the dog in accordance with this chapter.

(f) Nothing in this subchapter shall be construed to interfere with the provisions for protecting human health from rabies in Chapter 82 of Title 3.
16 Del. C. § 1602 — Delaware Code / Title 16 / Chapter 16 / Section 1602
§ Â
        1602. Declaration of intent.
Status: in_force

It is the intention of this chapter to end littering on public or private property, including bodies of water, as a threat to the health and safety of the citizens, fish, birds, and other animals of this State. It is also the intent of the General Assembly to single out for enhanced penalties those who dump a substantial quantity of litter in violation of this chapter.
16 Del. C. § 2508 — Delaware Code / Title 16 / Chapter 25 / Section 2508
§ Â
        2508. Power of attorney for health care.
Status: in_force

(a) An individual may create a power of attorney for health care to appoint an agent to make health-care decisions for the individual.

(b) An individual is disqualified from acting as agent for an individual who lacks capacity to make health-care decisions if any of the following apply:

(1) A court finds that the potential agent poses a danger to the individual’s well-being, even if the court does not issue a protection from abuse order against the potential agent.

(2) The potential agent is an owner, operator, employee, or contractor of a nursing home or long-term care facility in which the individual resides or is receiving care, unless the owner, operator, employee, or contractor is a family member of the individual, the cohabitant of the individual, or a descendant of the cohabitant.

(3) The individual has a pending protection from abuse petition against the potential agent.

(4) The individual has a protection from abuse order against the potential agent.

(5) The potential agent is the subject of a civil or criminal order prohibiting or limiting contact with the individual.

(c) A health-care decision made by an agent is effective without judicial approval.

(d) A power of attorney for health care must be in a record, signed by the individual creating the power, and signed by an adult witness who satisfies all of the following:

(1) Reasonably believes the act of the individual to create the power of attorney is voluntary and knowing.

(2) Is not the agent appointed by the individual.

(3) Is not the agent’s spouse, domestic partner, or cohabitant.

(4) If the individual resides or is receiving care in a nursing home or long-term care facility, is not the owner, operator, employee, or contractor of the nursing home or long-term care facility.

(5) Is present when the individual signs the power of attorney or when the individual represents that the power of attorney reflects the individual’s wishes.

(e) A witness under subsection (d) of this section is considered present if the witness and the individual are any of the following:

(1) Physically present in the same location.

(2) Using electronic means that allow for real time audio and visual transmission and communication in real time to the same extent as if the witness and the individual were physically present in the same location.

(3) Able to speak to and hear each other in real time through audio connection if the identity of the individual is personally known to the witness or the witness is able to authenticate the identity of the individual by receiving accurate answers from the individual that enable the authentication.

(f) A power of attorney for health care may include a health-care instruction.
16 Del. C. § 5174 — Delaware Code / Title 16 / Chapter 51 / Subchapter VI / Section 5174
§ Â
        5174. Patient participation restricted.
Status: repealed

The following patients shall be ineligible to participate in pharmaceutical research:

(1) Any patient who has been placed in the jurisdiction of the hospital under Chapter 4 of Title 11 or § 5153 of this title; provided, however, that a patient placed in the jurisdiction of the hospital under Chapter 4 of Title 11 or § 5153 of this title shall be eligible with the prior approval of Superior Court, upon affidavit filed by the medical director of the hospital. Such affidavit shall state that the patient for whom eligibility to participate is sought has given the patient’s informed consent and that, with respect to that patient, all provisions of this subchapter have been and will continue to be complied with. The Court may deny approval for failure to comply with any provision of this subchapter or for any other reason it deems appropriate. Any affidavit filed pursuant to this subdivision shall be served upon the Attorney General, and no action shall be taken by the Court for 10 days after the date of such service. Superior Court may by rule prescribe procedures for review of affidavits filed pursuant to this subdivision.

(2) Any patient who has been placed in the jurisdiction of the hospital under Chapter 50 of this title; provided, however, that a patient initially committed under Chapter 50 of this title shall be eligible if that patient has voluntarily applied for and has been accepted for hospitalization pursuant to § 5003 of this title.

(3) [Repealed.]

(4) Any patient who has been placed in the jurisdiction of the hospital under Chapter 57 of this title.
16 Del. C. § 6830 — Delaware Code / Title 16 / Chapter 68 / Subchapter IV / Section 6830
§ Â
        6830. Person intervening to protect other persons from certain criminal acts exempt from liability.
Status: in_force

Any person who, in good faith, intervenes without compensation to protect other persons against any criminal act involving death, serious physical injury, robbery, burglary, kidnapping or sexual intercourse compelled by force or threat at the scene of said attempted criminal act, shall not be liable for any civil damages resulting from the rendering of such assistance, except acts or omissions amounting to gross negligence or willful or wanton misconduct.
16 Del. C. § 3006Q — Delaware Code / Title 16 / Chapter 30Q / Section 3006Q
§ Â
        3006Q. Regulations.
Status: in_force

The Secretary may adopt rules, regulations, and procedures necessary to implement this chapter.