16 Del. C. § 7404 — Delaware Code / Title 16 / Chapter 74 / Section 7404
§ Â
        7404. Authority on Radiation Protection.
Status: repealed

(a) There is created an Authority on Radiation Protection which shall be governed in accordance with Authority bylaws, established to ensure integrity, accountability, and transparency regarding decisions of the Authority which impact the citizens of Delaware. The Authority shall consist of the following members:

(1) The Secretary of the Department of Health and Social Services or a designee appointed by the Secretary.

(2) The Secretary of the Department of Natural Resources and Environmental Control or a designee appointed by the Secretary.

(3) Thirteen members, appointed by the Governor to include:

a. A Delaware licensed doctor of medicine or osteopathy.

b. A Delaware licensed dentist.

c. A Delaware licensed doctor of medicine or osteopathy specializing in radiology.

d. A Delaware licensed veterinarian.

e. A Delaware certified radiation technologist or technician.

f. A Delaware licensed pharmacist.

g. Two qualified members from the staff or faculty of different Delaware institutions of higher education.

h. Two nonmedical members from industry.

i. Three members of the public, 1 representing each county, who need not fall into any of the other categories for membership on the Authority, but who have an interest in radiation protection. Each public member shall have had training or experience in 1 or more of the following fields: radiology, nuclear medicine, radiation oncology, radiation physics, health physics, or related sciences.

(b) Authority members appointed by the Governor shall be appointed for a term of 3 years. Each Authority member shall hold over after the expiration of the member’s term until the member’s successor has been appointed and has taken office. Vacancies shall be filled for the unexpired term. The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. If an appointed member fails to attend 3 successive meetings of the Authority without just cause, that member’s position may be deemed vacant, and the Governor may appoint a replacement.

(c) The Secretary of Health and Social Services or the Secretary’s duly authorized designee shall be Secretary of the Authority, and shall provide staffing and facilities required to enable the Office of Radiation Control to deliver core services as defined by the Delaware Radiation Control Regulations, as promulgated or amended by the Authority. The Office of Radiation Control in the Department of Health and Social Services shall be the administrative agent for the Authority. The Office of Radiation Control in the Department of Health and Social Services shall make such inspections, conduct such investigations, collect fees or administrative penalties established or levied by the Authority, administer such revenue through the General Fund, and do such other acts as may be necessary to carry out this chapter within the limits of the appropriation made for this purpose. The administrative agent shall have all of the powers conferred by law upon the Authority except adopting the rules and regulations provided for in this chapter, subject, however, to the general direction of the Authority.

(d) [Repealed.]

(e) The Authority shall elect a Chairperson to serve for at least 1 year from those members appointed by the Governor. The Chairperson shall lead biennial review of the Authority bylaws, chair public hearings and issue approval of regulations amended or promulgated by the Authority. A majority of the Authority shall constitute a quorum to transact its business. Counting for quorum does not include member positions that are vacant.

(f) The Authority shall hold at least 4 regular meetings each calendar year and such special meetings as it deems necessary.

(g) The Authority shall establish and provide biennial review of the Authority bylaws.

(h) The Authority shall review policies and programs relating to control of ionizing radiation and make recommendations thereon to the agencies of the State.

(i) The Authority may aid the Department of Health and Social Services in the employment, training of and prescribing of the power and duties of such individuals as may be necessary to carry out this chapter.
16 Del. C. § 9403 — Delaware Code / Title 16 / Chapter 94 / Section 9403
§ Â
        9403. Definitions.
Status: in_force

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

(1) “Attendant services” means those services which compensate for an eligible participant’s limitations in performing activities of daily living, self-care or mobility within home or community environments.

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

(3) “Eligible participant” means a resident of the State with a severe, chronic mental or physical disability which precludes or significantly impairs the individual’s performance of activities of daily living, self-care or mobility within home or community environments. For purposes of this paragraph, a “chronic disability” is a medically determinable impairment which can be expected to last for a continuous period of not less than 12 months.

(4) “Program” means the Community-Based Attendant Services Program.

(5) “Services” means any of the following support services, whether meeting a basic or ancillary need:

a. Homemaker-type services, including cleaning, laundry, shopping and chores.

b. Companion-type services, including transportation, escort and facilitation of written, oral and electronic communication.

c. Assistance with cognitive tasks, including bill payment and money management, planning activities and decision-making.

d. Assistance with transferring to and from a bed, wheelchair, vehicle, or other environmental setting.

e. Help with the use of medical and nonmedical equipment, devices, or assistive technology.

f. Assistance with routine bodily functions, including:

1. Health maintenance activities.

2. Bathing and personal hygiene.

3. Bowel or urinary evacuation.

4. Dressing and grooming.

5. Food consumption, preparation, and cleanup.

g. Such other support services as may be adopted by the Department through regulation.
16 Del. C. § 1403 — Delaware Code / Title 16 / Chapter 14 / Section 1403
§ Â
        1403. Amendment of articles of incorporation.
Status: in_force

Every authority of this State may, from time to time and in the manner hereinafter provided, amend its articles of incorporation and thereby accomplish any 1 or more of the following: The adoption of a new name, changes in, additions to and diminutions of its powers and purposes, provided that such amendment shall contain only such provisions as it would be lawful or proper to insert in articles of incorporation made at the time of such amendment.
16 Del. C. § 4735 — Delaware Code / Title 16 / Chapter 47 / Subchapter III / Section 4735
§ Â
        4735. Investigations; written complaints; grounds for limitation, suspension or revocation of registration.
Status: in_force

(a) All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29, and the Division of Professional Regulation shall be responsible for issuing a final written report at the conclusion of its investigation.

(b) The Secretary, after due notice and hearing may limit, suspend, fine or revoke the registration of any registrant who:

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

(2) Has failed to comply with applicable federal, state or local law;

(3) Has been convicted under any federal or state law relating to any controlled substances;

(4) Has furnished any false or fraudulent material in any application filed under this chapter;

(5) Has had any federal registration to manufacture, distribute, prescribe, dispense or research controlled substances as authorized by federal law suspended or revoked;

(6) Has violated a provision of this chapter, or violated an order or rule of the Secretary related to controlled substances;

(7) Has been disciplined by a professional licensing board in any jurisdiction; or

(8) Has engaged in any conduct the Secretary finds to be relevant and inconsistent with the public interest.

(c) The Secretary may limit revocation or suspension of a registration to particular controlled substances.

(d) The Secretary may fine any registrant in an amount not to exceed $1,000 per violation of this chapter or the rules promulgated hereunder.

(e) If the Secretary suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court upon application therefore orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the State.

(f) The Secretary shall promptly notify the Administration of all orders suspending or revoking registration and all forfeitures of controlled substances.
16 Del. C. § 2212 — Delaware Code / Title 16 / Chapter 22 / Section 2212
§ Â
        2212. Commitment; judicial proceedings.
Status: in_force

(a) Not more than 2 working days after the date a patient is admitted to a licensed treatment facility or program under a request for involuntary treatment, the administrator of the treatment facility, through the Attorney General, shall file a petition for involuntary commitment to a licensed treatment facility, supported by affidavit with the Court, unless the patient is discharged or admitted on a voluntary basis. The petition shall state that the administrator, as petitioner, based upon an evaluation by a physician, reasonably and in good faith believes that the involuntary patient (who shall be named as respondent) is a person in need of treatment who should be continued as a patient at the facility pursuant to this chapter until the patient is determined no longer to be in need of treatment at the treatment facility or program. The petition shall also state that the involuntary patient has been advised of the patient’s procedural and substantive rights under this chapter. A copy of supporting certificates by an examining physician shall be attached to the petition.

(b) Upon the filing of a petition, the facility may continue to treat the patient as medically necessary and appropriate on an involuntary basis pending a judicial hearing on the petition.

(c) The petition shall indicate the facility’s reasonable belief, based upon investigation, as to whether the involuntary patient is able to afford counsel and an independent expert witness.
16 Del. C. § 2513 — Delaware Code / Title 16 / Chapter 25 / Section 2513
§ Â
        2513. Disagreement among default surrogates.
Status: in_force

(a) A default surrogate who assumes authority under § 2512 of this title shall inform a responsible health-care professional if 2 or more members of a class under § 2512(b) of this title have assumed authority to act as default surrogates and the members do not agree on a health-care decision.

(b) A responsible health-care professional shall comply with the decision of a majority of the members of the class with highest priority under § 2512(b) of this title who have communicated their views to the professional and the professional reasonably believes are acting consistent with their duties under § 2517 of this title.

(c) If a responsible health-care professional is informed that the members of the class who have communicated their views to the professional are evenly divided concerning the health-care decision, the professional shall make a reasonable effort to solicit the views of members of the class who are reasonably available but have not yet communicated their views to the professional. The professional, after the solicitation, shall comply with the decision of a majority of the members who have communicated their views to the professional and the professional reasonably believes are acting consistent with their duties under § 2517 of this title.

(d) If the class remains evenly divided after the effort is made under subsection (c) of this section, the health-care decision must be made as provided by other law of this State regarding the treatment of an individual who is found to lack capacity.
16 Del. C. § 1107 — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1107
§ Â
        1107. Inspections and monitoring.
Status: repealed

(a) The Department shall inspect each long-term care facility as follows:

(1) The Department must conduct an inspection of each long-term care facility not later than 15 months after the last day of the previous inspection.

(2) The statewide average interval between inspections of long-term care facilities must be 12 months or less, computed in accordance with paragraph (a)(3) of this section.

(3) The statewide average interval is computed at the end of each fiscal year by comparing the last day of the most recent inspection for each participating facility to the last day of each facility’s previous inspection.

(b) The Department shall have the authority to assess additional fees to recover the actual costs and expenses of the Department for any monitoring or inspections needed beyond the standard inspection in those cases in which substantiated violations are found.

(c) Any duly authorized employee or agent of the Department may enter and inspect any facility licensed under this chapter without notice at any time. All licensees are required to provide immediate access to Department personnel to conduct inspections. Such inspections may include any of the following:

(1) Interviewing residents.

(2) Interviewing family members or staff.

(3) Reviewing and photocopying any records and documents maintained by the licensee.

(4) Inspecting any portion of the physical plant of the facility.

(5) Enforcing any provision of this chapter and the regulations pursuant to it, as well as applicable federal law and regulations.

(6) Determining whether a facility complies with the inspection participation requirements.

(7) Confirming that the facility has corrected deficiencies previously cited.

(d) Advance notice may not be given to any facility of any inspection conducted under this chapter unless specifically authorized by the Secretary of the Department or the Secretary’s designee or as otherwise required by federal law or regulation. Failure to comply with this subsection results in the imposition by the Department of a civil penalty not to exceed $5,000 per violation.

(e) At the conclusion of each inspection, the Department shall promptly notify the facility of any violations of this chapter and its regulations as well as of federal law and regulations. It shall provide a comprehensive exit interview at the conclusion of each inspection whereby the facility is made aware of any problems found, including violations of applicable law or regulations. Representatives from the Long-Term Care Ombudsperson’s Office shall be invited to attend each exit interview.

(f) [Repealed.]

(g) Any person who is a former employee of a long-term care facility is disqualified from participating for 2 years in any manner in any inspection of that facility.

(h) Any person who has a relative residing or working in a long-term care facility is disqualified from participating in any manner in any inspection of that facility.
16 Del. C. § 3007F — Delaware Code / Title 16 / Chapter 30F / Subchapter I / Section 3007F
§ Â
        3007F. Record keeping and reporting.
Status: in_force

Animal shelters shall maintain records regarding the following information:

(1) Intake and outcomes data by type for all animals.

(2) Number of animals at beginning and end of period.

(3) Number of spay/neuter surgeries performed for shelter and public animals.

(4) Records showing compliance with vaccination requirements.

(5) Records regarding medical treatment provided.

(6) Location and date of return for cats returned to field as part of a free-roaming cat program.

The information in paragraphs (1) through (3) of this section shall be posted to the shelter’s website on a quarterly and annual basis in a format determined by the Department. The information in paragraphs (4) through (6) of this section shall be made available upon request by the Department.
16 Del. C. § 5153 — Delaware Code / Title 16 / Chapter 51 / Subchapter IV / Section 5153
§ Â
        5153. Commitment from other institutions.
Status: in_force

The governing authorities of any institution of this State, including but not limited to those facilities maintained by the Department of Correction, to which an adult or juvenile who is nonamenable to the processes of Family Court who classifies for admission under the terms of this subchapter already has been committed may request an order to temporarily remove an inmate of the institution to the department for persons with criminally mental conditions at the Delaware Psychiatric Center or other authorized institutions for suitable for nonamenable juveniles as follows:

(1) By petition to any court of competent jurisdiction in the State; or

(2) In the case of any individual within the custody of the Department of Correction, by certification of the Commissioner of Correction, Bureau Chief of Prisons, Bureau Chief of Community Correction, or Director of Healthcare Services, that:

a. The inmate or offender is currently suffering from a mental disease or condition which requires such person to be observed and treated at a mental hospital for the person’s own welfare and which both:

1. Renders such person unable to make responsible decisions with respect to the person’s health; and

2. Poses a real and present threat, based upon manifest indications, that such person is likely to commit or suffer serious harm to that person’s own self or others or to property if not given immediate hospital care and treatment;

b. The inmate or offender is currently recommended by correctional medical staff for immediate or emergent psychiatric care or stabilization;

c. That the Department of Correction cannot provide the level of care required to treat the inmate or offender; and

d. The inmate or offender has received all of the process due to the inmate or offender under the Department of Correction policies and/or procedures.

(3) Upon receipt of any inmate or offender into the department for persons with criminally mental conditions by the process stated herein, the inmate or offender shall be treated as a provisional admittee and may only be housed at the location designated for the housing of persons with criminally mental conditions. The Department of Health and Social Services shall proceed under Chapter 50 of this title with respect to any decision to commit offenders transferred from the Department of Correction on an emergency basis.
16 Del. C. § 6840 — Delaware Code / Title 16 / Chapter 68 / Subchapter VI / Section 6840
§ Â
        6840. Definitions.
Status: in_force

As used in this subchapter:

(1) The term “civic organization” shall be defined as any nonprofit organization, which is the owner of parkland, or which has contracted with the State or a political subdivision thereof for the maintenance of parkland provided that:

a. The organization is not organized for profit or is qualified as an exempt organization under § 501(c) of the Internal Revenue Code of 1954, as amended [26 U.S.C. § 501(c)];

b. No part of the net earnings of the organization inures to the benefit of any private shareholder or individual.

(2) The term “member of a staff” means any person or entity which:

a. Is a member, board member, director or officer of a civic organization; or

b. Is an employee of a civic organization.

(3) The term “negligent act or omission” shall be defined in accordance with applicable state law, except that such meaning shall not include any reckless act or omission or any grossly negligent act or omission.

(4) The term “parkland” shall be defined as real property, including improvements erected thereon and fixtures attached thereto, used primarily for recreational purposes and owned by the State, a political subdivision or a civic organization; provided that:

a. The property is not used by the civic organization or by any other person so as to benefit any officer, trustee, director, shareholder, member, employee, contributor or bondholder of the organization or operator or any other person through the distribution of profits or the payment of excessive compensation;

b. The property is used for recreational purposes and upon liquidation or dissolution of the organization, or abandonment by the organization, none of the assets of the organization or benefits from the property will inure to the benefit of anyone except a community chest, fund, foundation, government, governmental agency, civic association, maintenance corporation or other nonprofit organization;

c. The use of the property is open, without charge, to the public members of the civic organization, or to the residents of the neighborhood, community or subdivision in which the property is located, regardless of sex, race, creed, color or national origin;

d. The property does not have a swimming pool thereon.

(5) The term “sponsor” means any person or entity which provides financial support to a civic organization through contributions, gifts or payment of dues.
16 Del. C. § 9943 — Delaware Code / Title 16 / Chapter 99 / Subchapter V / Section 9943
§ Â
        9943. Duties.
Status: in_force

The Board shall be responsible for implementation of policies designed to accomplish the purposes set forth in § 9942 of this title, and shall report to the Commission on its progress. Its activities and responsibilities shall include:

(1) Working in conjunction with the State Board of Dentistry and Dental Hygiene, development of programs to encourage and allow dentists to practice in under-served areas of the State, as recognized by the Delaware Health Care Commission, in lieu of hospital-based residency training as a condition of licensure. Such programs may include reciprocity.

(2) Loan repayment programs designed to attract dental personnel to Delaware’s under-served areas, as approved by the Delaware Health Care Commission.

(3) Development of expanded opportunities for dental school graduates to obtain general practice training in Delaware. Examples of such opportunities may include, but not be limited to: satellite sites; partnerships with dental schools; and partnerships with local hospitals.

(4) Developing recruitment programs designed to attract dental personnel to Delaware.

(5) Developing plans for enhanced education opportunities for Delawareans interested in pursuing a dental education such as the current relationship with Temple University, extending them to include other similar institutions based on need.

(6) Developing plans for improving access to dental care, particularly for the underserved populations.

The Board may develop working relationships and affiliation agreements with other institutions to facilitate carrying out the purposes of this chapter. Any such agreements shall be approved by the Delaware Health Care Commission, which shall be a signatory to any documents setting the terms of the agreement.
16 Del. C. § 805D — Delaware Code / Title 16 / Chapter 8D / Section 805D
§ Â
        805D. Enforcement.
Status: in_force

The Department may develop regulations governing compliance under this chapter.
16 Del. C. § 7804 — Delaware Code / Title 16 / Chapter 78 / Section 7804
§ Â
        7804. Suspension; revocation; refusal to renew.
Status: in_force

If the Office of Management and Budget finds that a contractor or asbestos worker has violated any provision of this chapter or any rule, regulation or order promulgated or entered pursuant to this chapter, the Office of Management and Budget may immediately suspend, revoke and/or refuse to renew the certification of such contractor or asbestos worker. A hearing may be requested by the contractor or asbestos worker within 30 days after written notice has been sent to the contractor or asbestos worker by certified mail.

If, after a hearing under this section, the Director of the Office of Management and Budget finds just cause to suspend, revoke or refuse to renew, the contractor or asbestos worker shall be given written notice of the decision of the Director of the Office of Management and Budget and the reasons therefor. The decision of the Director of the Office of Management and Budget may be appealed to the Superior Court within 30 days after written notice has been sent by certified mail by the Office of Management and Budget.
16 Del. C. § 4304 — Delaware Code / Title 16 / Chapter 43 / Section 4304
§ Â
        4304. Disposition by Department of moneys collected.
Status: in_force

All moneys collected by the Department of Health and Social Services under this chapter shall be paid into the State Treasury.
16 Del. C. § 1121 — Delaware Code / Title 16 / Chapter 11 / Subchapter II / Section 1121
§ Â
        1121. Residentâs rights.
Status: repealed

(a) It is the intent of the General Assembly, and the purpose of this section, to promote the interests and well-being of the residents in long-term care facilities.

(b) It is the public policy of this State that the interests of the resident must be protected by a declaration of a resident’s rights, and by requiring that all facilities treat their residents in accordance with such rights, which must include the following:

(1) Each resident shall have the right to receive considerate, respectful, and appropriate care, treatment and services, in compliance with relevant federal and state law and regulations, recognizing each person’s basic personal and property rights which include dignity and individuality.

(2) Each resident and the authorized representative under § 1122 of this title of such resident shall, prior to or at the time of admission, receive a written statement of the services provided by the facility including those required to be offered on an “as needed” basis, and a statement of related charges for services not covered under Medicare or Medicaid, or not covered by the facility’s basic per diem rate. Upon receiving such statement, the resident and the resident’s authorized representative under § 1122 of this title representative shall sign a written receipt which must be retained by the facility in its files.

(3) After admission, each facility shall submit to the resident or authorized representative, on a monthly basis, a written, itemized statement detailing, in language comprehensible to the ordinary layperson, the charges and expenses the resident incurred during the previous month.

a. The statement shall contain a description of specific services, equipment and supplies received, and expenses incurred for each such item.

b. The statement shall include an explanation of any items identified by code or by initials, but shall not include nursing home based physician charges if billed separately.

c. The facility shall make reasonable efforts to communicate the contents of the individual written statement to persons who it has reason to believe cannot read the statement.

(4) Each resident shall receive from the attending physician or facility physician complete and current information concerning the resident’s diagnosis, treatment, and prognosis in terms and language the resident can reasonably be expected to understand, unless medically inadvisable.

(5) Each resident shall participate in the planning of the resident’s medical treatment, including attendance at care plan meetings.

(6) Each resident may refuse medication or treatment and must be informed of the medical consequences of all medication and treatment alternatives.

(7) Each resident shall give prior informed consent to participation in any experimental research after a complete disclosure of the goals, possible effects on the resident and whether or not the resident can expect any benefits or alleviation of the resident’s condition.

a. In any instance of any type of experiment or administration of experimental medicine, there shall be written evidence of compliance with this section, including the signature of the resident or the resident’s authorized representative if the resident has been adjudicated incompetent.

b. A copy of signed acknowledgment or informed consent, or both when required, shall be forwarded to each signer and a copy shall be retained by the facility.

(8) At the bedside of each resident, the facility shall place and maintain in good order the name, address, and telephone number of the physician responsible for the resident’s care.

(9) Each resident shall receive respect and privacy in the resident’s own medical care program. Case discussion, consultation, examination, and treatment shall be confidential, and shall be conducted discreetly.

a. At the resident’s discretion, persons not directly involved in the resident’s care may not be permitted to be present during such discussions, consultations, examinations or treatment, except with the consent of the resident.

b. Personal and medical records shall be treated confidentially, and shall not be made public without the consent of the resident, except such records as are needed for a resident’s transfer to another health-care institution or as required by law or third-party payment contract.

c. No personal or medical records shall be released to any person inside or outside the facility who has no demonstrable need for such records.

(10) Each resident shall be free from chemical and physical restraints imposed for purposes of discipline and convenience, and not necessary to treat the resident’s medical condition.

(11) Each resident shall receive from the administrator or staff of the facility a courteous, timely, and reasonable response to requests, and the facility shall make prompt efforts to resolve grievances. Responses to requests and grievances shall be made in writing upon written request by the resident.

(12) Each resident shall be provided with information as to any relationship the facility has with other health-care and related institutions or service providers, including pharmacy and rehabilitation services, to the extent the resident is offered care or services from these related entities. Such information shall be provided in writing upon admission, and thereafter when additional services are offered.

(13) Each resident shall receive care that meets professional standards of care.

(14) a. Each resident may associate and communicate, including visits and visitation, privately and without restriction with persons and groups of the resident’s own choice, on the resident’s own or their initiative, at any reasonable hour.

b. Nothing in 77 Del. Laws, c. 49 precludes a long-term care facility, as defined in § 1102 of this title, from restricting visitations due to attempts to interfere with resident care, the presentation of a threat to staff, and residents, or personnel, or other actions disruptive to the facility’s operations.

(15) Each resident may send and shall receive mail promptly and unopened.

(16) Each resident shall have access at any reasonable hour to a telephone where the resident may speak privately.

(17) Each resident shall have access to writing instruments, stationery, postage, and the Internet.

(18) Each resident has the right to manage the resident’s own financial affairs.

a. If, by written request signed by the resident, or by the authorized representative of a resident who has been adjudicated incompetent, the facility manages the resident’s financial affairs, it shall have available for inspection a monthly accounting, and shall furnish the resident and the resident’s authorized representative with a quarterly statement of the resident’s account.

b. The resident shall have unrestricted access to such account at reasonable hours.

(19) Each resident shall enjoy privacy in visits by the resident’s spouse or domestic partner and, if spouses or domestic partners are both residents of the facility, they shall be afforded the opportunity where feasible to share a room, unless medically contraindicated.

(20) Each resident has the right of privacy in the resident’s own room, and personnel of the facility shall respect this right by knocking on the door before entering the resident’s room.

(21) Each resident has the right, personally, through other persons, or in combination with others to do any the following:

a. Exercise the resident’s own rights.

b. Present grievances.

c. Recommend changes in facility policies or services on behalf of the resident’s self or others.

d. Present complaints or petitions to the facility’s staff or administrator, the Department of Health and Social Services, the protection and advocacy agency, or other persons or groups without fear of reprisal, restraint, interference, coercion, or discrimination.

(22) A resident may not be required to perform services for the facility.

(23) Each resident shall have the right to retain and use the resident’s own personal clothing and possessions where reasonable, and shall have the right to security in the storage and use of such clothing and possessions.

(24) The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility, except as provided in § 1127 of this title.

(25) Each resident has the right to inspect all records pertaining to the resident, upon oral or written request, within 24 hours of notice to the facility. Each resident has the right to purchase photocopies of such records or any portion of them, at a cost not to exceed the community standard, upon written request and 2 working days’ advance notice to the facility.

(26) Each resident must be fully informed, in plain language and in a language in which the resident is fluent, of the resident’s rights and all rules and regulations governing resident conduct and the resident’s responsibilities during the stay at the facility. This must be provided in a format that is accessible to the patient and any authorized representative.

(27) Each resident has the right to choose a personal attending physician.

(28) Each resident has the right to examine the results of the most recent survey of the facility conducted by federal or state surveyors and any plan of correction in effect with respect to the facility.

(29) Each resident has the right to receive information from the protection and advocacy agency and agencies acting as client advocates and be afforded the opportunity to contact those agencies.

(30) Each resident shall be free from verbal, physical or mental abuse, cruel and unusual punishment, involuntary seclusion, withholding of monetary allowance, withholding of food, and deprivation of sleep.

(31) Each resident shall be free to make choices regarding activities, schedules, health care, and other aspects of the resident’s life that are significant to the resident, as long as such choices are consistent with the resident’s interests, assessments, and plan of care and do not compromise the health or safety of the individual or other residents within the facility.

(32) Each resident has the right to participate in an ongoing program of activities designed to meet, in accordance with the resident’s individualized assessments and plan of care, the resident’s interests and physical, mental, and psychosocial well-being.

(33) Each resident has the right to participate in social, religious, and community activities that do not interfere with the rights of other residents.

(34) Each resident shall receive notice before the resident’s room or roommate is changed, except in emergencies. The facility shall endeavor to honor the room or roommate requests of the resident whenever possible.

(35) Each resident shall be encouraged to exercise the resident’s own rights as a citizen of this State and the United States of America.

(36) Each resident has the right to request and receive information regarding minimum acceptable staffing levels as it relates to the resident’s own care.

(37) Each resident has the right to request and receive the names and positions of staff members providing care to the resident.

(38) Each resident has the right to request and receive an organizational chart outlining the facility’s chain of command for purposes of making requests and asserting grievances.

(39) Each resident has the right to compliance with the resident’s advance health-care directive, power of attorney, Delaware Medical Orders for Scope of Treatment, or similar document in accordance with and subject to Chapter 49 of Title 12, Chapter 49A of Title 12, Chapter 25 of this title, and Chapter 25A of this title.

(40) [Repealed.]

(41) Each resident must be provided care which recognizes cultural differences and preferences.

(42) Each resident has the right to be free from discrimination on any basis protected under Chapter 45 of Title 6 in the provision of care, treatment, or services.
16 Del. C. § 3103 — Delaware Code / Title 16 / Chapter 31 / Subchapter I / Section 3103
§ Â
        3103. Regulations of Department; adoption and enforcement.
Status: in_force

The Department may adopt, promulgate, amend and repeal such regulations as may be consistent with law relative to this chapter, including regulations governing the conditions under which the bodies of persons dying from an infectious or communicable disease can be transported from any portion of the State to a crematorium for the purpose of cremation. The regulations shall be enforced by the Department.
16 Del. C. § 6905 — Delaware Code / Title 16 / Chapter 69 / Section 6905
§ Â
        6905. Penalties; jurisdiction.
Status: in_force

(a) Whoever violates this chapter shall be fined not less than $25 nor more than $100.

(b) Justices of the peace shall have jurisdiction of any violation of this chapter.
16 Del. C. § 1139 — Delaware Code / Title 16 / Chapter 11 / Subchapter III / Section 1139
§ Â
        1139. Treatment by spiritual means.
Status: in_force

Nothing in this subchapter may be construed to mean that a patient or resident is abused, neglected, or mistreated, or is the victim of medication diversion, for the sole reason the patient or resident relies on, or is being furnished with, treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, nor may anything in this subchapter be construed to authorize or require any medical care or treatment over the implied or express objection of the patient or resident.
16 Del. C. § 1041 — Delaware Code / Title 16 / Chapter 10 / Subchapter III / Section 1041
§ Â
        1041. Definitions [For application of this section, see 84 Del. Laws, c. 476, Â 4].
Status: in_force

As used in this subchapter:

(1) “CMS” means the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services.

(2) “Commission” means the Hospital Quality and Health Equity Assessment Commission established under § 1045 of this title.

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

(4) “Disproportionate share hospital payment adjustment” means adjustments in payment for inpatient hospital services furnished by disproportionate share hospitals, as disproportionate share hospitals are described in § 1923 of the Social Security Act, 42 U.S.C. § 1396r-4.

(5) “Initial enactment period” means the period of July 1, 2025, through June 30, 2026.

(6) “Uniform payment increase” means a payment of an equal dollar amount per unit of service delivered.

(7) “Unit of service” means each day or visit.
16 Del. C. § 6652 — Delaware Code / Title 16 / Chapter 66A / Section 6652
§ Â
        6652. Volunteer Firemenâs Pension Committee.
Status: in_force

The Delaware Volunteer Firefighter’s Association shall appoint, from its membership, a 9-person advisory committee. Three members shall come from New Castle County, 3 members from Kent County and 3 members from Sussex County. The advisory committee shall make recommendations to the State Board of Pension Trustees on all pension matters the advisory committee deems appropriate.
16 Del. C. § 2606 — Delaware Code / Title 16 / Chapter 26 / Section 2606
§ Â
        2606. Annual report.
Status: in_force

The Division of Public Health shall annually, on or before January 1, provide a report on elevated blood lead levels to the General Assembly by delivering a copy of the report to the Secretary of the Senate, Chief Clerk of the House of Representatives, and the Director and the Librarian of the Division of Legislative Services.
16 Del. C. § 9802 — Delaware Code / Title 16 / Chapter 98 / Section 9802
§ Â
        9802. Definitions [For application of this section, see 84 Del. Laws, c. 419, Â 6] [Effective July 17, 2028].
Status: in_force

For purposes of this chapter:

(1) “Administrator” means the program chief of the paramedic services responsible for advanced life support and the administration of this chapter.

(2) “Advanced life support” (ALS) means as defined in § 9702 of this title.

(3) “Basic life support” (BLS) means as defined in § 9702 of this title.

(4) “Board” means the Board of Medical Licensure and Discipline.

(5) “Certification” means original certification as a paramedic by the Board of Medical Licensure and Discipline.

(6) “Community paramedicine” means a form of mobile-integrated healthcare that is a provider-led, patient-centered delivery care model using appropriately-trained paramedics or other emergency medical services providers in an expanded role to render care, facilitate a more efficient delivery of care, and enhance access to community resources that address the social determinants of health.

(7) “County” or “counties” mean, singularly or collectively, New Castle, Kent, and Sussex Counties of this State.

(8) “County paramedic service” means the paramedic service operated pursuant to this chapter by a county with its own employees or under contract with another governmental entity.

(9) “Criminal history” means a person’s entire criminal history record from the State Bureau of Identification and the person’s entire federal criminal history record maintained by the Federal Bureau of Investigation.

(10) “Decertification” means the cancellation or revocation of the certificate issued by Board of Medical Licensure and Discipline to a paramedic.

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

(12) “Emergency medical services (EMS) provider” means individual providers certified by the Delaware State Fire Prevention Commission or the Office of EMS, or emergency medical dispatchers certified by the National Academy of Emergency Medical Dispatch.

(13) “Emergency medical services (EMS) provider agency” means a provider agency certified by the Delaware State Fire Prevention Commission or the Office of EMS, or an emergency medical dispatch center under contract with the Department of Safety and Homeland Security.

(14) “Emergency medical unit” means an ambulance, rescue vehicle, or any other specialized vehicle staffed by EMS providers and other certified or licensed medical care providers, and utilized solely for providing mobile pre-hospital care and other emergency medical treatment.

(15) “Handler” means the police officer who is the handler of a police dog receiving emergency medical services under this chapter.

(16) “Medical command facility” means the distinct unit within a hospital which meets the operational, staffing, and equipment requirements established by the Division of Public Health for providing medical control to the EMS providers. Any hospital that operates an emergency medical facility and desires to be designated as a medical command facility shall maintain and staff the facility on its premises and at its own expense with the exception of base station communication devices which shall be an authorized shared expense pursuant to the provisions of this chapter.

(17) “Medical control” means an order or directive given to an EMS provider by an authorized medical control physician. These orders or directives shall normally be provided from a specifically authorized and designated medical command facility with such medical supervision supplying professional support to the EMS provider through radio or telephonic communication for on-scene and in-transit basic and advanced life support services.For purposes of this chapter:

(1) “Administrator” means the program chief of the paramedic services responsible for advanced life support and the administration of this chapter.

(2) “Advanced life support” (ALS) means as defined in § 9702 of this title.

(3) “Basic life support” (BLS) means as defined in § 9702 of this title.

(4) “Board” means the Board of Medical Licensure and Discipline.

(5) “Certification” means original certification as a paramedic by the Board of Medical Licensure and Discipline.

(6) “Community paramedicine” means a form of mobile-integrated healthcare that is a provider-led, patient-centered delivery care model using appropriately-trained paramedics or other emergency medical services providers in an expanded role to render care, facilitate a more efficient delivery of care, and enhance access to community resources that address the social determinants of health.

(7) “County” or “counties” mean, singularly or collectively, to New Castle, Kent, and Sussex Counties of this State.

(8) “County paramedic service” means the paramedic service operated pursuant to this chapter by a county with its own employees or under contract with another governmental entity.

(9) “Criminal history” means a person’s entire criminal history record from the State Bureau of Identification and the person’s entire federal criminal history record maintained by the Federal Bureau of Investigation.

(10) “Decertification” means the cancellation or revocation of the certificate issued by Board of Medical Licensure and Discipline to a paramedic.

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

(12) “Emergency medical services (EMS) provider” means individual providers certified by the Delaware State Fire Prevention Commission or the Office of EMS, or emergency medical dispatchers certified by the National Academy of Emergency Medical Dispatch.

(13) “Emergency medical services (EMS) provider agency” means a provider agency certified by the Delaware State Fire Prevention Commission or the Office of EMS, or an emergency medical dispatch center under contract with the Department of Safety and Homeland Security.

(14) “Emergency medical unit” means an ambulance, rescue vehicle, or any other specialized vehicle staffed by EMS providers and other certified or licensed medical care providers, and utilized solely for providing mobile pre-hospital care and other emergency medical treatment.

(15) “Handler” means the police officer who is the handler of a police dog receiving emergency medical services under this chapter.

(16) “Medical command facility” means the distinct unit within a hospital which meets the operational, staffing, and equipment requirements established by the Division of Public Health for providing medical control to the EMS providers. Any hospital that operates an emergency medical facility and desires to be designated as a medical command facility shall maintain and staff the facility on its premises and at its own expense with the exception of base station communication devices which shall be an authorized shared expense pursuant to the provisions of this chapter.

(17) “Medical control” means an order or directive given to an EMS provider by an authorized medical control physician. These orders or directives shall normally be provided from a specifically authorized and designated medical command facility with such medical supervision supplying professional support to the EMS provider through radio or telephonic communication for on-scene and in-transit basic and advanced life support services.

(18) “Medical control physician” means any physician certified by the American Board of Emergency Medicine or the American Board of Osteopathic Emergency Medicine, or their successors, or a physician certified in Advanced Trauma Life Support (ATLS), Advanced Cardiac Life Support (ACLS) and Pediatric Advanced Life Support (PALS) or other courses approved by the Office of Emergency Medical Services who is credentialed by the hospital within which a medical command facility is located and who is authorized by the medical command facility to give medical control commands via radio or other telecommunication devices to an EMS provider. When a medical control physician establishes contact with an EMS provider, the EMS provider shall, solely for the purpose of compliance with the Medical Practice Act [Chapter 17 of Title 24], be considered to be operating under the license of said medical control physician.

(19) “Mobile-integrated healthcare” means an expanded role for a paramedic or other emergency medical services provider that is a coordinated, patient-centered, evidence-based holistic model of care designed to use collaborative, interdisciplinary teams to serve patient needs at the most appropriate level of care at a safe location convenient to the patient.

(20) “Mobile-integrated healthcare or community paramedicine medical director” means an individual who is employed to work in a mobile-integrated healthcare or community paramedicine program and who meets the requirements to be a medical control physician or be board certified or eligible in the individual’s medical specialty.

(21) “Mobile resources” means the ability of a paramedic or other emergency medical services provider to connect directly with members of the healthcare team via technology, such as telehealth, that allows for real time discussion of the patient’s healthcare needs and possible visual examination of a specific concern.

(22) “Office” means the Office of Emergency Medical Services, of the Division of Public Health, Department of Health and Social Services.

(23) “Paramedic staff hour” means 1 full hour of a paramedic on duty.

(24) “Police dog” means a dog that has been trained by a supervising K-9 trainer or K-9 trainer and is handled by a police officer handler in the performance of their duties used for law-enforcement purposes or any law-enforcement related activities.

(25) a. “Pre-hospital care” means any emergency medical service, including advanced life support, rendered by an emergency medical unit before and during transportation to a hospital or other facility, and upon arrival at the facility until such care is assumed by the facility’s staff.

b. “Pre-hospital care” does not include the care provided by a paramedic or other emergency medical services provider employed by a mobile-integrated healthcare or community paramedicine program.

(26) “Service and/or training reciprocity agreements” means written agreements negotiated between 2 counties or between a county and an adjoining state or a governmental entity of an adjoining state and approved pursuant to the provisions of this chapter which provide for the scheduled delivery of paramedic services by paramedics to citizens of this State or a neighboring state by personnel certified to render such services by this State or a neighboring state, or such similar agreements as are required by and between the counties of this State, in order to effectively and efficiently deliver paramedic services. Such agreements may also include provisions that provide for the temporary rotation of paramedics or equipment between the counties of this State in order to provide such personnel with proper experience and training opportunities, address seasonal demands, or adequately respond to a disaster or severe emergency incident. All such agreements shall include any financial terms, or other considerations included as part of the agreement.

(27) “State EMS Medical Director” means a physician who is board-certified by the American Board of Emergency Medicine or by the Osteopathic Board of Emergency Medicine and who shall be the chief physician for the statewide emergency medical system and under whose license all EMS providers shall operate for the purpose of delivering the standing orders of the statewide standard treatment protocol.

(28) “Statewide ALS treatment protocol” means written and uniform treatment and care plans for emergency and critical patients statewide that constitute the standing orders of paramedics. The treatment protocol for advanced life support must be approved and signed by the State EMS Medical Director and the Director of the Division of Public Health, Department of Health and Social Services. The treatment protocol shall be prepared by the Board of Medical Licensure and Discipline. In preparing and, from time to time, amending the statewide ALS treatment protocol, the Board shall consult with the State EMS Medical Director and the ALS Standards Committee of the Board of Medical Licensure and Discipline.

(29) “Statewide BLS treatment protocol” means written and uniform treatment and care plans for emergency and critical patients statewide that constitute the standing orders of basic life support providers. The treatment protocol shall be prepared by the Board of Medical Licensure and Discipline. The treatment protocol for basic life support must be approved and signed by the State EMS Medical Director, the BLS Medical Director and the Director of the Division of Public Health, Department of Health and Social Services. The treatment protocol for basic life support shall be adopted and enacted by the State Fire Prevention Commission. In preparing and, from time to time, amending statewide BLS treatment protocol, the Board shall consult with the EMS Medical Director, the ALS Standards Commission and the State Fire Prevention Commission. The Statewide BLS treatment protocol shall be adopted by June 30, 2000, and in use by all EMS providers by January 1, 2002.

(30) “Team-based, patient-centered delivery model” means a healthcare delivery model that includes multiple levels of providers to meet all of a patient’s needs and to promote wellness.life support, rendered by an emergency medical unit before and during transportation to a hospital or other facility, and upon arrival at the facility until such care is assumed by the facility’s staff.

b. “Pre-hospital care” does not include the care provided by a paramedic or other emergency medical services provider employed by a mobile-integrated healthcare or community paramedicine program.

(26) “Service and/or training reciprocity agreements” means written agreements negotiated between 2 counties or between a county and an adjoining state or a governmental entity of an adjoining state and approved pursuant to the provisions of this chapter which provide for the scheduled delivery of paramedic services by paramedics to citizens of this State or a neighboring state by personnel certified to render such services by this State or a neighboring state, or such similar agreements as are required by and between the counties of this State, in order to effectively and efficiently deliver paramedic services. Such agreements may also include provisions that provide for the temporary rotation of paramedics or equipment between the counties of this State in order to provide such personnel with proper experience and training opportunities, address seasonal demands, or adequately respond to a disaster or severe emergency incident. All such agreements shall include any financial terms, or other considerations included as part of the agreement.

(27) “State EMS Medical Director” means a physician who is board-certified by the American Board of Emergency Medicine or by the Osteopathic Board of Emergency Medicine and who shall be the chief physician for the statewide emergency medical system and under whose license all EMS providers shall operate for the purpose of delivering the standing orders of the statewide standard treatment protocol.

(28) “Statewide ALS treatment protocol” means written and uniform treatment and care plans for emergency and critical patients statewide that constitute the standing orders of paramedics. The treatment protocol for advanced life support must be approved and signed by the State EMS Medical Director and the Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division. The treatment protocol shall be prepared by the Board of Medical Licensure and Discipline. In preparing and, from time to time, amending the statewide ALS treatment protocol, the Board shall consult with the State EMS Medical Director and the ALS Standards Committee of the Board of Medical Licensure and Discipline.

(29) “Statewide BLS treatment protocol” means written and uniform treatment and care plans for emergency and critical patients statewide that constitute the standing orders of basic life support providers. The treatment protocol shall be prepared by the Board of Medical Licensure and Discipline. The treatment protocol for basic life support must be approved and signed by the State EMS Medical Director, the BLS Medical Director and the Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division. The treatment protocol for basic life support shall be adopted and enacted by the State Fire Prevention Commission. In preparing and, from time to time, amending statewide BLS treatment protocol, the Board shall consult with the EMS Medical Director, the ALS Standards Commission and the State Fire Prevention Commission. The Statewide BLS treatment protocol shall be adopted by June 30, 2000, and in use by all EMS providers by January 1, 2002.

(30) “Team-based, patient-centered delivery model” means a healthcare delivery model that includes multiple levels of providers to meet all of a patient’s needs and to promote wellness.
16 Del. C. § 3057F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3057F
§ Â
        3057F. Barking dogs.
Status: in_force

(a) No person who owns, possesses, harbors, or controls a dog may allow the dog to cause a noise disturbance by barking, whining, or howling for an extended period. An extended period means continuously for a period of 15 minutes or, intermittently, for 30 minutes or more.

(b) No violation under subsection (a) of this section exists if the dog is making a noise disturbance during the following events:

(1) A person is trespassing or threatening to trespass upon private property where the dog is located,

(2) An animal is intruding upon private property where the dog is located.

(3) The dog is being teased or provoked.

(c) No violation under subsection (a) of this section exists if, at the time the dog is making a noise disturbance, the dog is in any of the following locations:

(1) Animal shelter.

(2) Pet store.

(3) Dog grooming facility

(4) Veterinarian office.

(5) Animal clinic.

(d) No violation under subsection (a) of this section exists if, at the time the dog is making a noise disturbance, the dog is engaged in any of the following activities:

(1) Dog training.

(2) Dog exhibition.

(3) Lawful performance competitions.

(4) Hunting.

(5) Herding.

(6) Performing its duties as a service dog.

(7) Livestock guarding.

(8) Attending dog day care facilities.

(9) Attending dog boarding facilities.

(e) A person who violates subsection (a) of this section shall be subject to the following penalties:

(1) For a first violation a written warning.

(2) For a second violation, only if it occurs 7 days or more after the first violation, a civil penalty of $50.

(3) For a third violation a civil penalty of $100.

(4) For each subsequent violation a civil penalty of $150.
16 Del. C. § 2512 — Delaware Code / Title 16 / Chapter 25 / Section 2512
§ Â
        2512. Default surrogate.
Status: in_force

(a) A default surrogate may make a health-care decision for an individual who lacks capacity to make health-care decisions and for whom an agent, or guardian authorized to make health-care decisions, has not been appointed or is not reasonably available.

(b) Unless the individual has an advance health-care directive that indicates otherwise, a member of any of the following classes, in descending order of priority, who is reasonably available and not disqualified under § 2514 of this title, may act as a default surrogate for the individual:

(1) An adult the individual has identified, other than in a power of attorney for health care, to make a health-care decision for the individual if the individual cannot make the decision.

(2) The individual’s spouse or domestic partner, unless any of the following:

a. A petition for annulment, divorce, dissolution of marriage, legal separation, or termination has been filed and not dismissed or withdrawn.

b. A decree of annulment, divorce, dissolution of marriage, legal separation, or termination has been issued.

c. The individual and the spouse or domestic partner have agreed in a record to a legal separation.

d. The spouse or domestic partner has deserted the individual for more than 1 year.

(3) The individual’s adult child or parent.

(4) The individual’s cohabitant.

(5) The individual’s adult sibling.

(6) The individual’s adult grandchild or grandparent.

(7) An adult not listed in paragraphs (b)(1) through (b)(6) of this section who has assisted the individual with supported decision making routinely during the preceding 6 months.

(8) The individual’s adult stepchild not listed in paragraphs (b)(1) through (b)(7) of this section whom the individual actively parented during the stepchild’s minor years and with whom the individual has an ongoing relationship.

(9) An adult not listed in paragraphs (b)(1) through (b)(8) of this section who has exhibited special care and concern for the individual and is familiar with the individual’s personal values.

(c) A responsible health-care professional may require an individual who assumes authority to act as a default surrogate to provide a declaration in a record under penalty of perjury stating facts and circumstances reasonably sufficient to establish the authority.

(d) If a responsible health-care professional reasonably determines that an individual who assumed authority to act as a default surrogate is not willing or able to comply with a duty under § 2517 of this title or fails to comply with the duty in a timely manner, the professional may recognize the individual next in priority under subsection (b) of this section as the default surrogate.

(e) A health-care decision made by a default surrogate is effective without judicial approval.
16 Del. C. § 2508C — Delaware Code / Title 16 / Chapter 25C / Section 2508C
§ Â
        2508C. Responsibilities of the attending physician or attending APRN [For application of this section, see 85 Del. Laws, c. 19, Â 3].
Status: in_force

An attending physician or attending APRN must do all of the following before prescribing medication to an individual who provides a document under § 2505C of this title requesting medication that will end the individual’s life in a humane and dignified manner:

(1) Provide care that conforms with accepted medical standards and guidelines.

(2) Determine if the individual requesting medication that will end the individual’s life in a humane and dignified manner meets all of the following:

a. Has a terminal illness.

b. Has decision-making capacity.

c. Has voluntarily made the request for medication that will end the individual’s life in a humane and dignified manner.

(3) Request that the individual demonstrate Delaware residency. Examples of documents that demonstrate Delaware residency include all of the following:

a. A driver’s license or identification card issued under Title 21.

b. A voter registration card or other documentation showing the individual is registered to vote in this State.

c. Evidence that the individual owns or leases property in this State.

d. A Delaware resident income tax return for the most recent tax year.

(4) Provide full disclosures to affirm that the individual is making an informed decision by discussing all of the following with the individual:

a. The individual’s medical diagnosis and prognosis of 6 months or less to live.

b. The potential risks associated with taking the medication to be prescribed to end the individual’s life in a humane and dignified manner.

c. The expected result of taking the medication to be prescribed to end the individual’s life in a humane and dignified manner.

d. The choices available to the individual, including the possibility that the individual may choose not to fill the prescription for the medication, or may fill the prescription for the medication but may decide not to self-administer it.

e. The feasible alternative, concurrent, or additional treatment opportunities, including comfort care, palliative care, hospice care, and pain control.

(5) Confirm that the individual’s request does not arise from coercion or undue influence by another person by discussing with the individual, outside the presence of another individual, except for an interpreter as necessary, whether the individual is feeling coerced or unduly influenced by another individual.

(6) Refer the individual to a consulting physician or consulting APRN under § 2509C of this title and add the consulting physician’s or consulting APRN’s written determination to the individual’s medical record.

(7) Refer the individual to a psychiatrist or psychologist under § 2510C of this title, if the attending physician or attending APRN believes the individual may not have decision-making capacity and add the psychiatrist or psychologist’s written determination to the individual’s medical record.

(8) Counsel the individual on the potential benefits of all of the following:

a. Notifying family of the individual’s decision to request and obtain medication to end the individual’s life in a humane and dignified manner as 1 of the individual’s end-of-life care options.

b. Having another person present when the individual self-administers the medication that is to be prescribed to end the individual’s life in a humane and dignified manner.

(9) Counsel the individual on the importance of all of the following:

a. Safe-keeping and proper disposal of unused medication to end the individual’s life in a humane and dignified manner in accordance with applicable state or United States Food and Drug Administration guidelines, such as using a medication collection site or a medication disposal pouch.

b. Not taking the medication to end the individual’s life in a humane and dignified manner in a public place.

(10) Inform the individual that the individual may rescind the request for medication to end the individual’s life in a humane and dignified manner at any time and in any manner.

(11) Immediately before writing a prescription for medication to end the individual’s life in a humane and dignified manner, verify all of the following:

a. The individual is making an informed decision under paragraph (4) of this section.

b. It is at least 48 hours after the individual submitted the written request under § 2505C of this title.

(12) Ensure that all appropriate steps are carried out in accordance with this chapter before writing a prescription for medication to end the individual’s life in a humane and dignified manner and do 1 of the following:

a. Dispense the medication to the qualified patient, including ancillary medications intended to minimize the individual’s discomfort, if the attending physician or attending APRN has a current Drug Enforcement Administration certificate and complies with any applicable administrative rule.

b. Provide to the qualified patient, orally and in writing or electronically, the safe-keeping and proper disposal information required under paragraph (9)a. of this section.

c. Deliver the written prescription personally, by mail, or through an authorized electronic transmission to a licensed pharmacist. The licensed pharmacist will dispense the medication to end the qualified patient’s life in a humane and dignified manner either in person or with a signature required on delivery if sent by mail service or messenger service, to the qualified patient, the attending physician, attending APRN, or to an individual expressly designated by the qualified patient.

(13) Document all of the following in the individual’s medical record:

a. The individual’s prognosis.

b. The individual’s decision-making capacity.

c. The date of the individual’s first oral request.

d. The date of the individual’s second oral request.

e. The individual’s valid written request, including the date and time received.

f. A notation that all the requirements under this section have been completed, and the medications dispensed or prescribed to end the qualified patient’s life in a humane and dignified manner and ancillary medications dispensed or prescribed.
16 Del. C. § 4769 — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4769
§ Â
        4769. Criminal immunity for persons who suffer or report an alcohol or drug overdose or other life threatening medical emergency.
Status: repealed

(a) For purposes of this chapter:

(1) “Medical provider” means the person whose professional services are provided to a person experiencing an overdose or other life-threatening medical emergency by a licensed, registered or certified health-care professional who, acting within the health-care professional’s lawful scope of practice, may provide diagnosis, treatment or emergency services.

(2) “Overdose” means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of an ethyl alcohol, a controlled substance, another substance with which a controlled substance was combined, a noncontrolled prescription drug, or any combination of these, including any illicit or licit substance; provided that a person’s condition shall be deemed to be an overdose if a layperson could reasonably believe that the condition is in fact an overdose and requires medical assistance.

(b) A person who is experiencing an overdose or other life-threatening medical emergency and anyone (including the person experiencing the emergency) seeking medical attention for that person shall not be arrested, charged or prosecuted for an offense for which they have been granted immunity pursuant to subsection (c) or (d) of this section, or subject to the revocation or modification of the conditions of probation, if all of the following conditions are met:

(1) The person seeking medical attention reports in good faith the emergency to law enforcement, the 911 system, a poison control center, or to a medical provider, or if the person in good faith assists someone so reporting.

(2) The person provides all relevant medical information as to the cause of the overdose or other life-threatening medical emergency that the person possesses at the scene of the event when a medical provider arrives, or when the person is at the facilities of the medical provider.

(c) The immunity granted shall apply to all offenses in this chapter that are not class A, B, or C felonies, including but not limited to the following offenses:

(1) Miscellaneous drug crimes as described in § 4757(a)(3), (6), and (7) of this title;

(2) Illegal possession and delivery of noncontrolled prescription drugs as described in § 4761 of this title;

(3) Possession of controlled substances or counterfeit controlled substances, as described in § 4763 of this title;

(4) Possession of drug paraphernalia as described in §§ 4762(c) [repealed] and 4771 of this title;

(5) Possession of marijuana as described in § 4764 of this title.

(d) The immunity granted shall apply to offenses relating to underage drinking as described in § 904(b), (c), (e), and (f) of Title 4.

(e) Nothing in this section shall be interpreted to prohibit the prosecution of a person for an offense other than an offense for which they have been granted immunity pursuant to subsection (c) and/or (d) of this section or to limit the ability of the Attorney General or a law-enforcement officer to obtain or use evidence obtained from a report, recording, or any other statement provided pursuant to subsection (b) of this section to investigate and prosecute an offense other than an offense for which they have been granted immunity pursuant to subsection (c) and/or (d) of this section.

(f) Forfeiture of any alcohol, substance, or paraphernalia referenced in this section shall be allowed pursuant to § 4784 of this title and Chapter 11 of Title 4.
16 Del. C. § 6655 — Delaware Code / Title 16 / Chapter 66A / Section 6655
§ Â
        6655. Eligibility for pension.
Status: in_force

(a) A member shall become eligible to receive a pension beginning with the first month after attainment of age 60 if the member has 10 years of credited service.

(b) For purposes of this section, credited service shall include any period during which a member qualifies for benefits under Chapter 67 of Title 18 and/or workers’ compensation.

(c) An inactive member with a vested right to a pension shall become eligible to receive such pension, computed in accordance with this chapter in effect when the member ceased to be a member, beginning with the first month after the member’s attainment of age 60.
16 Del. C. § 3015E — Delaware Code / Title 16 / Chapter 30E / Subchapter II / Section 3015E
§ Â
        3015E. Epinephrine autoinjectors; training.
Status: in_force

(a) An employee or agent of an institution of higher education must complete an anaphylaxis training program before providing or administering an epinephrine autoinjector made available by an institution of higher education. The training must be conducted by a nationally-recognized organization experienced in training laypersons in emergency health treatment or an entity or individual approved by the Department. Training may be conducted online or in person and, at a minimum, must cover all of the following:

(1) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis.

(2) Standards and procedures for the storage and administration of an epinephrine autoinjector.

(3) Risks of administering an epinephrine autoinjector that has expired or that was not stored at the proper temperature.

(4) Potential contraindications, risks, side effects, or medication reactions after appropriate use.

(5) The differences in usage, storage, and administration of an EpiPen Jr. autoinjector.

(6) What to do if an individual is at a borderline weight.

(7) Emergency follow-up procedures.

(b) The entity that conducts the training shall issue a certificate, on a form developed or approved by the Department, to each person who successfully completes the anaphylaxis training program.

(c) An individual who successfully completes an anaphylaxis training under this section may use epinephrine autoinjectors prescribed under § 3013E of this title for 2 years from the date of completion on the certificate issued under subsection (b) of this section.
16 Del. C. § 2502A — Delaware Code / Title 16 / Chapter 25A / Section 2502A
§ Â
        2502A. Statement of purpose.
Status: in_force

(a) An adult individual who has decision-making capacity has the right to refuse medical or surgical treatment in order to allow natural death if such refusal is not contrary to existing public health laws.

(b) An adult individual with decision-making capacity has the right to plan ahead for health-care decisions through an advance health-care directive pursuant to Chapter 25 of this title, or through a DMOST form pursuant to this chapter or both, and to have the wishes expressed in those documents respected, subject to certain limitations, in order to ensure that the right to control decisions about one’s own health care is not lost if a patient loses decision-making capacity and is not able to participate actively in making the patient’s own decisions, either temporarily or permanently.

(c) An advance health-care directive is recommended for every adult whether or not the individual anticipates a period of incapacity.

(d) The DMOST form is separate from and is not an advance health-care directive. It expresses an individual’s wishes regarding scope of treatment through medical orders. The DMOST form does not require an advance health-care directive.

(e) Data reveal that many individuals may reside or be situated in multiple locations such as home, acute care, and post-acute care settings near the end of life. Changes in such settings require that an easily understood, standardized, portable document be available to communicate the individual’s care preferences. A DMOST form provides such a document.
16 Del. C. § 206 — Delaware Code / Title 16 / Chapter 2 / Subchapter I / Section 206
§ Â
        206. Violations.
Status: in_force

Any person or entity who is required to report the diagnosis or treatment, or both, of any congenital disability in any child under age 5 and who violates any provision of this subchapter shall be fined up to $100 for each violation. Justices of the Peace Courts shall have jurisdiction of any offense under this subchapter.
16 Del. C. § 207 — Delaware Code / Title 16 / Chapter 2 / Subchapter I / Section 207
§ Â
        207. Early intervention services; collaborating agency.
Status: in_force

The Department, as a collaborating agency, shall provide vision services to children who are eligible for early intervention services under Chapter 31A of Title 14.
16 Del. C. § 1181 — Delaware Code / Title 16 / Chapter 11 / Subchapter VIII / Section 1181
§ Â
        1181. Nursing Facility Quality Assessment Fund â Establishment; funding.
Status: in_force

(a) There shall be established in the State Treasury and in the accounting system of the State a special fund to be known as the Nursing Facility Quality Assessment Fund (the “Fund”).

(b) All of the following revenue must be deposited into the Fund:

(1) As specified in § 6502(e)(1) of Title 30, 90% of the quality assessment collected.

(2) On the last day of each month, the State Treasurer shall credit the Fund with interest on the average balance in the Fund for the preceding month. The interest to be paid to the Fund must be that proportionate share, during such preceding month, of interest to the State as the Fund’s and the State’s average balance is to the total State’s average balance.
16 Del. C. § 10211A — Delaware Code / Title 16 / Chapter 102A / Subchapter II / Section 10211A
§ Â
        10211A. Behavioral Health Crisis Intervention Services Board.
Status: in_force

(a) The Behavioral Health Crisis Services Intervention Board is established.

(b) The Board shall do all of the following:

(1) Develop and recommend a comprehensive statewide crisis intervention services plan and annually review and update the recommended plan. The Board shall submit the recommended plan with the report required under paragraph (b)(4) of this section.

(2) Within 3 years of the initial convening of the Board, and every 3 years thereafter, the Board shall review the provision of crisis intervention services in this State, the system of care of crisis intervention services in this State, and the needs for crisis intervention services of Delawareans, and make a written report of the Board’s findings and recommendations. The Board shall submit the report with the report required under paragraph (b)(4) of this section.

(3) Make recommendations annually to the Governor and General Assembly, consistent with the purposes for expenditures under § 10213A(b) of this title, for appropriating moneys expected to be received in the next fiscal year. The Board shall submit the recommendations with the report required under paragraph (b)(4) of this section.

(4) Provide a written report not later than November 15 of each year to all of the following:

a. The Governor.

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

c. The Speaker and Chief Clerk of the House of Representatives, for distribution to all Representatives.

d. The Controller General.

e. The Director and the Legislative Librarian of the Division of Legislative Services.

f. The Director of the Public Archives.

g. The Secretary of the Department of Health and Social Services.

h. The Secretary of the Department of Safety and Homeland Security.

i. The Secretary of the Department of Services for Children, Youth and Their Families.

(c) The Board is comprised of all of the following members:

(1) The following members serving by virtue of position, or a designee appointed by the member:

a. The Director of the Division of Substance Abuse and Mental Health.

b. The Director of the Division of Prevention and Behavioral Health Services.

c. The Director of the Division of Medicaid and Medical Assistance.

d. The Insurance Commissioner.

e. The Chair of the Behavioral Health Consortium.

f. The Chair of the Behavioral Health Planning and Advisory Council.

g. The Chair of the Delaware Emergency Medical Services Oversight Council.

h. The Executive Director of the State Council for Persons with Disabilities.

i. The President of the Delaware Association of Chiefs of Police.

j. The Chair of the Delaware Suicide Prevention Coalition.

k. The Executive Director of the Delaware Office of Veterans Services.

l. The Chair of the Enhanced 911 Emergency Reporting System Service Board.

m. The Executive Director of the Delaware Healthcare Association.

n. The Executive Director of the National Alliance on Mental Illness in Delaware.

o. The President of the Mental Health Association in Delaware.

p. The Executive Director of each of Delaware’s Lifeline Centers.

q. The Executive Director of the Ability Network of Delaware.

(2) Three members serving by appointment of the Governor as follows:

a. A certified peer recovery specialist.

b. A licensed behavioral health practitioner who provides crisis intervention services.

c. A representative of a behavioral health treatment program providing crisis intervention services.

(d) The members appointed by the Governor serve at the pleasure of the Governor.

(e) The Director of the Division of Prevention and Behavioral Health and the Director of the Division of Substance Abuse and Mental Health, or their designees, shall serve as co-chairs of the Board.

(f) Whenever a member designates a designee under this section, the member shall inform the Board’s co-chairs in writing. A member’s designee serves at the pleasure of the member and has the same duties and rights as the member.

(g) The Board shall adopt rules or procedures governing the Board’s work, including ethical standards and procedures to identify and address conflicts of interest.

(h) The Board shall meet at least quarterly.

(i) A majority of the Board’s current membership constitutes a quorum. Vacancies do not count for purposes of establishing a quorum.

(j) Official action of the Board requires approval of a majority of a quorum of the Board.

(k) The Division shall provide administrative services to the Board. The Division may seek reimbursement from the Fund for reasonable costs incurred in providing administrative services to the Board.
16 Del. C. § 7412 — Delaware Code / Title 16 / Chapter 74 / Section 7412
§ Â
        7412. Administrative procedure and judicial review; emergency rules.
Status: in_force

(a) In any proceeding under this chapter:

(1) For the issuance or modification of rules and regulations relating to control of sources of ionizing radiation; or

(2) For granting, suspending, revoking or amending any license or registration; or

(3) For determining compliance with, or granting exceptions from, rules and regulations of the Authority,

the Authority shall afford an opportunity for a hearing on the record upon the request of any person who may be affected by the action of the Authority and shall admit any such person as a party to such proceeding.

(b) Whenever the Administrative Agent finds that an emergency exists requiring immediate action to protect the public health and safety, the Administrative Agent may, without notice or hearing, issue a regulation or order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Such regulation or order may be effective immediately. Any person to whom such regulation or order is directed shall comply therewith immediately, but on application to the Authority shall be afforded a hearing within 30 days. On the basis of such hearing, the emergency regulation or order shall be continued, modified or revoked within 30 days after such hearing.

(c) Any final order entered in any proceeding by the Authority or the Administrative Agent shall be subject to judicial review by the Superior Court of this State.
16 Del. C. § 7401 — Delaware Code / Title 16 / Chapter 74 / Section 7401
§ Â
        7401. Declaration of policy.
Status: in_force

It is the policy of this State in furtherance of its responsibilities to protect the public health and safety to:

(1) Institute and maintain a regulatory program for sources of ionizing radiation so as to provide for:

a. Compatibility with the standards and regulatory programs of the federal government;

b. A single, effective system of regulation within the State; and

c. A system consonant insofar as possible with those of other states;

(2) Institute and maintain a program to permit development and utilization of sources of ionizing radiation for peaceful purposes consistent with the health and safety of the public; and

(3) Encourage the constructive uses of radiation, and to prohibit and prevent exposure to ionizing radiation in amounts which are or may be detrimental to health.
16 Del. C. § 2210A — Delaware Code / Title 16 / Chapter 22A / Section 2210A
§ Â
        2210A. Annual report.
Status: in_force

(a) The Division shall analyze data collected under this chapter and issue a report at least annually.

(b) The Division shall provide a copy of the report issued under subsection (a) of this section to all of the following:

(1) The Governor.

(2) The Secretary of the Department of Health and Social Services.

(3) The Director of the Delaware Housing Authority.

(4) The Chairs of the Senate Health and Social Services Committee and Senate Housing and Land Use Committee.

(5) The Chairs of the House Health and Human Development Committee and House Housing Committee.

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

(7) The Delaware Public Archives.

(8) The Behavioral Health Consortium.
16 Del. C. § 3003G — Delaware Code / Title 16 / Chapter 30G / Section 3003G
§ Â
        3003G. Department responsibilities [Effective until July 17, 2028].
Status: in_force

(a) The Department shall implement and monitor an Opioid Antagonist Access Program that authorizes public safety personnel and members of the public to receive, carry, and administer an opioid antagonist to an individual experiencing a known or suspected opioid overdose.

(b) The Department shall implement the Opioid Antagonist Access Program by creating written and uniform treatment protocols and care plans for emergency and critical patients statewide that constitute the standing orders for the administration of naloxone under subsection (a) of this section.

(c) In addition to the standing orders for naloxone under subsection (b) of this section, the Department may create written and uniform treatment protocols and care plans for emergency and critical patients statewide that constitute the standing orders for the administration of other opioid antagonists.

(d) Each treatment protocol and standing order for the administration of an opioid antagonist under this section must be approved and signed by 1 of the following:

(1) The State EMS Medical Director.

(2) The Medical Director, Division of Public Health.

(3) Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division.

(e) The Department shall approve 1 or more training programs in the administration of each opioid antagonist for which there is a standing order under this section.(a) The Department shall implement and monitor an Opioid Antagonist Access Program that authorizes public safety personnel and members of the public to receive, carry, and administer an opioid antagonist to an individual experiencing a known or suspected opioid overdose.

(b) The Department shall implement the Opioid Antagonist Access Program by creating written and uniform treatment protocols and care plans for emergency and critical patients statewide that constitute the standing orders for the administration of naloxone under subsection (a) of this section.

(c) In addition to the standing orders for naloxone under subsection (b) of this section, the Department may create written and uniform treatment protocols and care plans for emergency and critical patients statewide that constitute the standing orders for the administration of other opioid antagonists.

(d) Each treatment protocol and standing order for the administration of an opioid antagonist under this section must be approved and signed by 1 of the following:

(1) The State EMS Medical Director.

(2) The Medical Director, Division of Public Health.

(3) Director of the Division of Public Health.

(e) The Department shall approve 1 or more training programs in the administration of each opioid antagonist for which there is a standing order under this section.
16 Del. C. § 2718 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2718
§ Â
        2718. Short title.
Status: in_force

This subchapter may be cited as the “Uniform Anatomical Gift Act.”
16 Del. C. § 1007 — Delaware Code / Title 16 / Chapter 10 / Subchapter I / Section 1007
§ Â
        1007. Enforcement.
Status: in_force

(a) Any person constructing, managing or operating any hospital without a license shall be fined not more than $5,000 for the first offense and not more than $10,000 for each subsequent offense. Each day of a continuing violation shall be considered a separate offense.

(b) The Department may impose civil money penalties for the violation of provisions of this chapter or the regulations adopted pursuant to it.

(1) A licensee or other person is liable for a civil money penalty of not more than $10,000 per violation for violations which the Department determines pose a serious threat to the health and safety of a patient. Each day a violation continues constitutes a separate violation.

(2) In determining the amount of a civil money penalty imposed pursuant to subsection (a) of this section or this subsection, the Department shall consider the following factors:

a. The seriousness of the violation, including the nature, circumstances, extent and gravity of the violation and the threat or potential threat to the health or safety of patients;

b. The history of violations committed by the person or the person’s affiliate, employee, or controlling person;

c. The efforts made by the hospital to correct the violation;

d. Any misrepresentation made to the Department; and

e. Any other matter that affects the health, safety or welfare of a patient.

(c) The Department shall have the authority to collect any civil money penalty. Any civil money penalties collected by the Department under this section are hereby appropriated to the Department to carry out the purposes of this section.

(1) Payment of any civil penalty by a facility is not an allowable cost for reimbursement under the state Medicaid program or under other state-funded programs.

(2) In the event of nonpayment of a civil money penalty the Department may add the amount of the civil penalty to the licensing fee for the hospital. If the licensee refuses to make the payment at the time of the application for renewal of its license its license may not be renewed.

(3) In the event of nonpayment of a civil money penalty after all legal appeals have been exhausted, a civil action may be brought by the Secretary in Superior Court for collection of the civil money penalty, including interest, attorney fees and costs. In a civil action to collect the civil money penalty the validity, amount and appropriateness of the civil money penalty shall not be subject to review.
16 Del. C. § 7409 — Delaware Code / Title 16 / Chapter 74 / Section 7409
§ Â
        7409. Federal-state agreements.
Status: in_force

(a) The Governor, upon the recommendation of the Authority, may enter into agreements with the federal government providing for discontinuance of certain of the federal government’s responsibilities with respect to sources of ionizing radiation and the assumption thereof by this State.

(b) In the event that the Governor enters into an agreement with the federal government all federal licenses which are valid on the effective date of such agreement shall have the force and effect of a state license or registration issued by the Authority. Such licenses shall be deemed to expire on a date which shall be the earlier of:

(1) The date of expiration specified in the federal license; or

(2) Ninety days from receipt from the Authority of notice that the federal license will no longer be recognized by the Authority.
16 Del. C. § 7402 — Delaware Code / Title 16 / Chapter 74 / Section 7402
§ Â
        7402. Purpose.
Status: repealed

It is the purpose of this chapter to effectuate the policies set forth in § 7401 of this title by providing a program to:

(1) Effectively regulate sources of ionizing radiation for the protection of occupational and public health and safety;

(2) Promote an orderly regulatory pattern within the State, among the states and between the federal government and the State and facilitate intergovernmental cooperation with respect to use and regulation of sources of ionizing radiation to the end that duplication of regulation may be minimized;

(3) Define regulatory responsibilities with respect to radioactive material; and

(4) Permit maximum utilization of sources of ionizing radiation consistent with the health and safety of the public.

(5) [Repealed.]
16 Del. C. § 2502 — Delaware Code / Title 16 / Chapter 25 / Section 2502
§ Â
        2502. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Advance health-care directive” means a power of attorney for health care, health-care instruction, or both. The term includes an advance mental health-care directive.

(2) “Advance mental health-care directive” means a power of attorney for health care, health-care instruction, or both, created under § 2509 of this title.

(3) “Agent” means an individual appointed under a power of attorney for health care to make a health-care decision for the individual who made the appointment. The term includes a co-agent or alternate agent appointed under § 2520 of this title.

(4) “Capacity” means having capacity under § 2503 of this title.

(5) “Cohabitant” means each of 2 individuals who have been living together as a couple for at least 1 year after each became an adult or was emancipated and who are not married to each other or are not domestic partners with each other.

(6) “Default surrogate” means an individual authorized under § 2512 of this title to make a health-care decision for another individual.

(7) “Domestic partner” means an individual in a civil union or domestic partnership that is legally recognized in any state.

(8) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(9) “Family member” means a spouse, domestic partner, adult child, parent, or grandparent, or an adult descendant of a spouse, domestic partner, child, parent, or grandparent.

(10) “Guardian” means a person appointed under other law by a court to make decisions regarding the personal affairs of an individual, which may include health-care decisions. The term does not include a guardian ad litem.

(11) “Health care” means care or treatment or a service or procedure to maintain, monitor, diagnose, or otherwise affect an individual’s physical or mental illness, injury, or condition. The term includes mental health care.

(12) “Health-care decision” means a decision made by an individual or the individual’s surrogate regarding the individual’s health care, including all of the following:

a. Selection or discharge of a health-care professional or health-care institution.

b. Approval or disapproval of a diagnostic test, surgical procedure, medication, therapeutic intervention, or other health care.

c. Direction to provide, withhold, or withdraw artificial nutrition or hydration, mechanical ventilation, or other health care.

(13) “Health-care institution” means a facility or agency licensed, certified, or otherwise authorized or permitted by other law to provide health care in this State in the ordinary course of business.

(14) “Health-care instruction” means a direction, whether or not in a record, made by an individual that indicates the individual’s goals, preferences, or wishes concerning the provision, withholding, or withdrawal of health care. The term includes a direction intended to be effective if a specified condition arises.

(15) “Health-care professional” means a physician or other individual licensed, certified, or otherwise authorized or permitted by other law of this State to provide health care in this State in the ordinary course of business or the practice of the physician’s or individual’s profession.

(16) “Individual” means an adult or emancipated minor.

(17) “Long-term care facility” means as defined in § 1102 of this title.

(18) “Mental health care” means care or treatment or a service or procedure to maintain, monitor, diagnose, or otherwise affect an individual’s mental illness or other psychiatric, psychological, or psychosocial condition.

(19) “Nursing home” means a “nursing facility” as defined in § 1919(a)(1) of the Social Security Act, 42 U.S.C. § 1396r(a)(1) or “skilled nursing facility” as defined in § 1819(a)(1) of the Social Security Act, 42 U.S.C. § 1395i-3(a)(1).

(20) “Person” means an individual, estate, business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(21) “Person interested in the welfare of the individual” means any of the following:

a. The individual’s surrogate.

b. A family member of the individual.

c. The cohabitant of the individual.

d. A public entity providing health-care case management or protective services to the individual.

e. A person appointed under other law to make decisions for the individual under a power of attorney for finances.

f. A person that has an ongoing personal or professional relationship with the individual, including a person that has provided educational or health-care services or supported decision making to the individual.

(22) “Physician” means an individual authorized to practice medicine under subchapter III, Chapter 17 of Title 24.

(23) “Power of attorney for health care” means a record in which an individual appoints an agent to make health-care decisions for the individual.

(24) “Reasonably available” means being able to be contacted without undue effort and being willing and able to act in a timely manner considering the urgency of an individual’s health-care situation. When used to refer to an agent or default surrogate, the term includes being willing and able to comply with the duties under § 2517 of this title in a timely manner considering the urgency of an individual’s health-care situation.

(25) “Record” means information either:

a. Inscribed on a tangible medium.

b. Stored in an electronic or other medium and retrievable in perceivable form.

(26) “Responsible health-care professional” means either:

a. A health-care professional designated by an individual or the individual’s surrogate to have primary responsibility for the individual’s health care or for overseeing a course of treatment.

b. In the absence of a designation under paragraph (26)a. of this section or, if the professional designated under paragraph (26)a. of this section is not reasonably available, a health-care professional who has primary responsibility for overseeing the individual’s health care or for overseeing a course of treatment.

(27) “Sign” means, with present intent to authenticate or adopt a record, to either:

a. Execute or adopt a tangible symbol.

b. Attach to or logically associate with the record an electronic symbol, sound, or process.

(28) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.

(29) “Supported decision making” means assistance, from 1 or more persons of an individual’s choosing, that helps the individual make or communicate a decision, including by helping the individual understand the nature and consequences of the decision. Supported decision making is not limited to assistance provided under a supported decision-making agreement under Chapter 94A of this title.

(30) “Surrogate” means any of the following:

a. An agent.

b. A default surrogate.

c. A guardian authorized to make health-care decisions.
16 Del. C. § 3003J — Delaware Code / Title 16 / Chapter 30J / Section 3003J
§ Â
        3003J. Notice to a lay caregiver.
Status: in_force

If a patient or a patient’s agent has designated a lay caregiver under this chapter, a hospital shall notify the lay caregiver of the patient’s discharge to a residence as soon as possible. If a hospital is unable to contact a designated lay caregiver, the inability to contact the lay caregiver may not interfere with, delay, or otherwise affect an appropriate discharge or transfer of the patient.
16 Del. C. § 1410 — Delaware Code / Title 16 / Chapter 14 / Section 1410
§ Â
        1410. Exemption of projects from taxes.
Status: in_force

No authority shall be required to pay any taxes or assessments upon any project acquired, constructed or operated by it under this chapter or upon the income therefrom, and the bonds issued under this chapter, their transfer and the income therefrom (including any profit made on the sale thereof) shall at all times be free from taxation by the State or any of its political subdivisions or by any town or incorporated municipality or any other public agency within the State.
16 Del. C. § 9816 — Delaware Code / Title 16 / Chapter 98 / Section 9816
§ Â
        9816. Emergency care of police dogs.
Status: in_force

(a) A paramedic or other EMS provider may provide emergency medical services to an injured police dog at the scene of an emergency that has resulted in the police dog’s injury.

(b) A paramedic or other EMS provider may transport the police dog to a designated veterinary facility and provide emergency medical services to the police dog during transport to the facility, if the paramedic or EMS provider deem it necessary for the police dog’s survival. The handler, if available, must be present during the provision of emergency medical services and transport to the veterinary facility.

(c) A paramedic or other EMS provider who in good faith attempts to render or facilitate emergency medical services to an injured police dog is not liable for civil damages which occur as a result of any act or omission by the paramedic or EMS provider in the rendering of the services; unless it is established that the paramedic or EMS provider caused injuries or death wilfully, wantonly, or recklessly or by gross negligence.

(d) A paramedic or other EMS provider may not provide emergency medical services to a police dog if their services are needed concurrently to provide services to an individual, and the care of the police dog would hinder the care of the individual.
16 Del. C. § 1501 — Delaware Code / Title 16 / Chapter 15 / Section 1501
§ Â
        1501. Regulating construction of drainage systems and water supply systems.
Status: in_force

(a) The Department of Health and Social Services may regulate and prescribe the manner in which all cesspools, privy wells and other drainage systems shall be constructed within the limits of all incorporated towns and at any place within 1 mile from the water supply thereof. The Department of Health and Social Services may adopt regulations to insure that water supply systems are constructed or altered in a manner that preserves the quality of water supplied to the public.

(b) As used in this chapter, “water supply system” means all plants, systems, facilities or properties used or useful, or having the present capacity for future use, in connection with the supply or distribution of water, and any integral part thereof, including water distribution systems, mains, laterals, pumping stations, standpipes, filtration plants, purification plants, hydrants, meters, valves and equipment, appurtenances and all properties, rights, easements and franchises relating thereto and deemed necessary or convenient by the authority for the operation thereof. Except as otherwise provided in this chapter, the term “water supply system” shall not mean a dam, reservoir, surface water intake, waterway obstruction or well.
16 Del. C. § 4799B — Delaware Code / Title 16 / Chapter 47 / Subchapter VIII / Section 4799B
§ Â
        4799B. Organization and composition.
Status: in_force

(a) The following persons, or their designees, shall be members of the Drug Overdose Fatality Review Commission (“the Commission”) by virtue of position:

(1) The Delaware Attorney General.

(2) The Secretary of the State Department of Health and Social Services.

(3) The Director of the Delaware Division of Forensic Science.

(4) The Secretary of Safety and Homeland Security.

(5) The Director of the Delaware Division of Public Health.

(6) The Commissioner of the Delaware Department of Correction.

(b) The following persons shall be appointed by the Governor as members of the Commission:

(1) Two representatives of the Medical Society of Delaware.

(2) A representative of the Delaware Nurses Association.

(3) A representative of the Police Chiefs Council of Delaware who is an active law-enforcement officer.

(4) A representative of the Delaware Fraternal Order of Police who is an active law-enforcement officer.

(5) Two advocates from statewide nonprofit organizations.

(6) A representative of the Delaware Healthcare Association.

(c) The chairperson of each regional review team established pursuant to subsection (g) of this section shall also serve as a member of the Commission.

(d) The term of members appointed by the Governor shall be 3 years and shall terminate upon the Governor’s appointment of a new member to the Commission. The members of the Commission and regional review teams shall serve without compensation. The Commission shall be staffed by the Delaware Department of Justice.

(e) The Commission shall, by affirmative vote of a majority of all members of the Commission, appoint a chairperson from its membership for a term of 1 year.

(f) Meetings of the Commission and regional review teams shall be closed to the public.

(g) The Commission shall by resolution passed by a majority of its members establish 3 regional review teams authorized to review overdose deaths. Members of the Commission shall appoint representatives to each review team such that the review team reflects the disciplines of the Commission.
16 Del. C. § 5521 — Delaware Code / Title 16 / Chapter 55 / Subchapter II / Section 5521
§ Â
        5521. Admission to Stockley Center.
Status: in_force

The Department of Health and Social Services may establish voluntary admission procedures for residential services at the Stockley Center for individuals who meet the eligibility criteria established by the Division of Development Disabilities Services through regulations.
16 Del. C. § 1154 — Delaware Code / Title 16 / Chapter 11 / Subchapter VI / Section 1154
§ Â
        1154. Good faith immunity.
Status: in_force

(a) Persons and agencies participating in an investigation under this subchapter shall be immune from civil liability arising from their good faith participation in the investigation.

(b) No long-term care facility, other entity or person shall engage in retaliation or reprisals against any person or agency due to such person or agency’s participation in an investigation under this subchapter.
16 Del. C. § 10303 — Delaware Code / Title 16 / Chapter 103 / Subchapter I / Section 10303
§ Â
        10303. Powers and duties.
Status: repealed

(a) DHIN has the power and duty to do all of the following:

(1) Develop and maintain a community-based health information network to facilitate communication of patient clinical and financial information, designed to do all of the following:

a. Promote more efficient and effective communication among multiple health care providers, including hospitals, physicians, payers, employers, pharmacies, laboratories, and other health care entities.

b. Create efficiencies in health-care costs by eliminating redundancy in data capture and storage and reducing administrative, billing, and data collection costs.

c. Create the ability to monitor community health status.

d. Provide reliable information to health-care consumers and purchasers regarding the quality and cost-effectiveness of health care, health plans, and health-care providers.

(2) Develop or design other initiatives in furtherance of DHIN’s purpose.

(3) Report and make recommendations to the Governor and General Assembly.

(4) Adopt bylaws to govern all of the following:

a. The conduct of DHIN’s affairs.

b. The carrying out and discharge of DHIN’s powers, duties, and functions.

c. Adopt policies as appropriate to carry out and discharge DHIN’s powers, duties, and functions; to sue, but not be sued; to enter into contracts and agreements; and to plan, control facilities and DHIN’s real and personal property as DHIN may deem necessary, convenient, or desirable without application of Chapters 59, 69, or 70 of Title 29.

(5) [Repealed.]

(6) A provision pertaining to conflicts of interest and that Board members, staff, committee members, and others conducting business or associated with DHIN are required to sign conflict of interest statements.

(7) To have and exercise all powers available to a corporation organized under Chapter 1 of Title 8, the Delaware General Corporation Law.

(8) To employ personnel and provide benefits necessary to carry out DHIN’s functions and to retain by contract engineers, advisors, and other providers of advice, counsel, and services which it deems advisable or necessary in the exercise of DHIN’s purposes and powers and upon the terms DHIN deems appropriate.

(9) To exercise power and authority regarding DHIN’s operation, development, and maintenance.

(10) To do all acts and things necessary or convenient to carry out DHIN’s functions, including having the authority to open and operate separate bank accounts in DHIN’s name.

(11) To collect, receive, hold, and disburse funds related to DHIN’s operations, including user fees that DHIN sets.

(12) Implement and operate a statewide integrated health information network to enable communication of clinical health, financial health, and other information, and other related functions that the Board deems necessary.

(13) Promote efficient and effective communication among Delaware healthcare providers and stakeholders including hospitals, physicians, state agencies, payers, employers, and laboratories.

(14) Promote efficiencies in the healthcare delivery system.

(15) Provide a reliable health information exchange to authorized users.

(16) Work with governments or other states to integrate into or with DHIN or assist governments or other states in providing regional integrated health information systems.

(17) Work towards improving the quality of health care and the ability to monitor community health status and facilitate health promotions by providing immediate and current outcome, treatment, and cost data and related information so that patients, providers, and payers can make informed and timely decisions about health care.

(18) Submit an annual report to the Governor and the General Assembly setting forth in detail DHIN’s operations and transactions, including an annual audit of DHIN’s financial books and accounts, to be conducted by a firm of independent certified public accountants that the Auditor of Accounts and the Director of the Office of Management and Budget agree upon.

(19) Develop and maintain a process to enable a hospital to record in the patient’s electronic health record contained in DHIN the patient’s designation of a lay caregiver and the lay caregiver’s contact information, as required by § 3002J(b) of this title, and if the hospital attempted to or did interface with the lay caregiver, as required by § 3004J(b) of this title.

(20) Develop, maintain, and administer the Delaware Health Care Claims Database under subchapter II of this chapter.

(21) Perform any and all other activities in furtherance of this section.

(b) To carry out the duties listed in this section, DHIN is granted all incidental powers, without limitation, including the powers to do all of the following:

(1) Contract with sufficient third parties or employ nonstate employees, without applications of the provisions of Chapter 59, 69, or 70 of Title 29 respectively.

(2) Establish a nonappropriated special funds account in DHIN’s budget to receive gifts and donations.

(3) Establish reasonable fees or charges for provision of DHIN’s services to network participants and users of DHIN services.

(4) Sell or license copyrighted or patented intellectual property.
16 Del. C. § 4731 — Delaware Code / Title 16 / Chapter 47 / Subchapter III / Section 4731
§ Â
        4731. Rules; fees; Controlled Substance Advisory Committee.
Status: in_force

(a) The Secretary may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this State.

(b) The Secretary shall appoint a council to act in an advisory capacity to the Secretary and other state agencies on all matters relating to this chapter. The advisory council shall be named the Controlled Substance Advisory Committee and may serve as the Secretary’s designee in any hearing under this chapter.
16 Del. C. § 10201A — Delaware Code / Title 16 / Chapter 102A / Subchapter I / Section 10201A
§ Â
        10201A. Definitions.
Status: in_force

As used in this chapter:

(1) “988” means the 988 Suicide & Crisis Lifeline, or its successor, maintained under 42 U.S.C. § 290bb-36c.

(2) “Behavioral health condition” includes mental health conditions, substance use disorders, co-occurring disorders, and co-existing conditions.

(3) “Behavioral health crisis” means a situation in which an individual, because of the individual’s actual or perceived behavioral health condition, is at risk of causing or experiencing harm absent the provision of appropriate treatment and services.

(4) “Behavioral health treatment program” means a provider delivering any combination of professional counseling, guidance services, or treatment to an individual with a behavioral health condition.

(5) “Board” means the Behavioral Health Crisis Intervention Services Board established under § 10211A of this title.

(6) “Certified peer recovery specialist” means an individual with a valid certification as a certified peer recovery specialist issued by the Delaware Certification Board.

(7) “Co-existing conditions” means the coexistence of a co-occurring disorder and a physical health condition.

(8) “Co-occurring disorders” means the coexistence of both a mental health condition and a substance use disorder.

(9) “Division” means the Division of Substance Abuse and Mental Health of the Department of Health and Social Services.

(10) “Fund” means the Behavioral Health Crisis Intervention Services Fund created under § 10212A of this title.

(11) “Individual in crisis” means an individual experiencing a behavioral health crisis.

(12) “Licensed behavioral health practitioner” means an individual who is at least one of the following:

a. A “psychiatrist,” as defined under § 5001 of this title.

b. An “advanced practice registered nurse” as defined in § 1902 of Title 24 who is certified as a psychiatric-mental health nurse practitioner by the American Nurses Credentialing Center.

c. A registered nurse as defined as “the practice of professional nursing” in § 1902 of Title 24 who is certified as a psychiatric-mental health registered nurse by the American Nurses Credentialing Center.

d. A “licensed professional counselor” or “licensed associate counselor of mental health” as defined in § 3031 of Title 24.

e. A “baccalaureate social worker,” “licensed social worker,” or “master’s social worker” as defined in § 3902 of Title 24.

f. A psychologist or psychological assistant licensed under Chapter 35 of Title 24.

g. A “licensed chemical dependency professional” as defined in § 3041 of Title 24.

h. A certified advanced alcohol and drug counselor or certified alcohol and drug counselor certified by the Delaware Certification Board.

(13) a. “Mental health condition” means a substantial psychiatric disorder of thought, mood, perception, or orientation.

b. “Mental health condition” includes gambling disorders.

(14) “Mobile crisis team” means a group of trained health professionals, such as licensed behavioral health practitioners and certified peer recovery specialists, that respond on-site to an individual in crisis.

(15) “Public safety answering point” means “911-Emergency Report Center” as defined in § 10002 of this title.

(16) “Substance use disorder” means a cluster of cognitive, behavioral, and physiological symptoms indicating that an individual uses a substance despite significant substance-related problems such as impaired control, social impairment, risky behaviors, pharmacological tolerance, or withdrawal.
16 Del. C. § 3154 — Delaware Code / Title 16 / Chapter 31 / Subchapter III / Section 3154
§ Â
        3154. Authorization for disinterment and reinterment.
Status: in_force

(a) Authorization. — A permit for disinterment and reinterment of a dead body or fetus shall be issued by the State Registrar upon receipt of a notarized application/authorization signed by the next-of-kin and the person who is in charge of the disinterment, or upon receipt of an order of a court of record of this state directing such disinterment, or upon notarized written application of the Attorney General to request a special disinterment permit for legal purposes.

(b) Mass disinterment and reinterment. — Upon receipt of a court order, a signed and notarized permission of the next-of-kin of all decedents, or a signed and notarized application for disinterment for legal purposes, the State Registrar may issue 1 permit for disinterment and reinterment of all remains in a mass disinterment provided that, insofar as possible, the remains of each body be identified and the place of disinterment and reinterment specified.

(c) Nature of permit. — The authorization issued in accordance with the statutes and regulations governing disinterment shall be permission for disinterment, transportation and reinterment.

(d) Fee for permit. — The Department shall receive a fee not to exceed $10 for each disinterment/reinterment permit issued.
16 Del. C. § 3011A — Delaware Code / Title 16 / Chapter 30A / Subchapter II / Section 3011A
§ Â
        3011A. Certification requirements for central service technicians.
Status: in_force

(a) An individual may not be engaged in work as a central service technician in a health-care facility and a health-care facility may not employ an individual as a central service technician unless the individual has passed a nationally-accredited central service exam for central service technicians and holds and maintains 1 of the following credentials:

(1) Certified registered central service technician credential.

(2) Certified sterile processing and distribution technician credential.

(b) Exemption. —

The certification requirement provided in subsection (a) of this section shall not apply to an individual employed or otherwise working as a central service technician in a health-care facility as of January 1, 2023.
16 Del. C. § 532 — Delaware Code / Title 16 / Chapter 5 / Subchapter II / Section 532
§ Â
        532. Health emergencies.
Status: in_force

The provisions of this subchapter are subject to the provisions of Title 20. Provisions of Title 20 which conflict with provisions of this subchapter shall take precedence over this subchapter.
16 Del. C. § 2217A — Delaware Code / Title 16 / Chapter 22A / Section 2217A
§ Â
        2217A. Disbursements from the Fund.
Status: in_force

(a) No disbursements from the Fund shall be made unless authorized by the Director.

(b) Disbursements from the Fund are permitted only for the following authorized uses:

(1) To provide training and technical assistance for recovery residence operators and staff.

(2) To offset reasonable administrative expenses associated with implementing and effectuating the intent of this chapter.

(3) Any other use approved by the Division.

(c) The requirements under Chapter 69 of Title 29 are waived for disbursements made from the Fund.
16 Del. C. § 6305 — Delaware Code / Title 16 / Chapter 63 / Section 6305
§ Â
        6305. Material safety data sheets; safety data sheets.
Status: in_force

(a) The owner or operator of any facility which is required to prepare or have available a material safety data sheet or safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated under that act (29 U.S.C. § 651 et seq.) or the Delaware Hazardous Chemical Information Act and regulations promulgated under that act (Chapter 24 of this title) shall submit a material safety data sheet or safety data sheet for each such chemical present at the facility in an amount which equals or exceeds the threshold quantities established under subsection (c) of this section or a list of such chemicals, as described in subsection (d) of this section, to the Department.

(b) Submission to the Department under this section shall serve as submission to the appropriate local emergency planning committee, the State Emergency Response Commission and the fire department with jurisdiction over the facility as set forth under 42 U.S.C. § 11021 and regulations established under that act.

(c) The threshold quantities for the purpose of this section shall be as follows:

(1) For substances identified as hazardous chemicals, except as provided in paragraph (c)(2) of this section, the threshold shall be 55 gallons or 500 pounds, whichever is lower.

(2) For substances included in the list of extremely hazardous substances under § 6303 of this title, the threshold shall be 55 gallons, 500 pounds or the threshold planning quantity, whichever is lower.

(3) For a substance used solely for the purpose of heating a building or buildings at a facility, the threshold for that substance at that facility shall be 10,000 pounds.

(4) For the purposes of requests under subsection (f) of this section, the threshold shall be zero.

(d) The list referred to under subsection (a) of this section shall include each of the following:

(1) A list of the hazardous chemicals for which a material safety data sheet or safety data sheet is required under the Occupational Safety and Health Act of 1970 [29 U.S.C. § 651 et seq.] and regulations promulgated under the act or the Delaware Hazardous Chemical Information Act and regulations promulgated under that act (Chapter 24 of this title), grouped in categories of health and physical hazards as set forth under the Occupational Safety and Health Act of 1970 [29 U.S.C. § 651 et seq.] and regulations promulgated under the act, or in such other categories as the Secretary may prescribe under subsection (e) of this section.

(2) The chemical name or the common name of each such chemical as provided on the material safety data sheet or safety data sheet.

(3) Any hazardous component of each such chemical as provided on the material safety data sheet or safety data sheet.

(e) For purposes of the list under subsection (d) of this section, the Secretary may modify the categories of health and physical hazards as set forth under the Occupational Safety and Health Act of 1970 [29 U.S.C. § 651 et seq.] and regulations promulgated under that act by requiring information to be reported in terms of groups of hazardous chemicals which present similar hazards in an emergency.

(f) Upon request by the local emergency planning committee or the Department, the owner or operator of a facility subject to this section shall submit the material safety data sheet or safety data sheet for a chemical to the person making the request.

(g) The initial material safety data sheet or safety data sheet or list required under this section shall be submitted before the later of:

(1) Twelve months after the date of the enactment of this requirement; or

(2) Three months after the owner or operator of a facility is required to prepare or have available a material safety data sheet or safety data sheet for the chemical under the Occupational Safety and Health Act of 1970 [29 U.S.C. § 651 et seq.] and regulations promulgated under that act or the Delaware Hazardous Chemical Information Act and regulations promulgated under that act (Chapter 24 of this title); or

(3) Three months after a chemical requiring a material safety data sheet or safety data sheet becomes present in an amount which equals or exceeds the threshold quantity.

(h) Within 3 months following discovery by an owner or operator of significant new information concerning an aspect of a hazardous chemical for which a material safety data sheet or safety data sheet was previously submitted, a revised sheet shall be submitted.
16 Del. C. § 4740B — Delaware Code / Title 16 / Chapter 47 / Subchapter III / Section 4740B
§ Â
        4740B. Use, distribution and education concerning benzodiazepine and non-benzodiazepine hypnotics.
Status: in_force

(a) Obligations of the Secretary. —

The Secretary shall produce and distribute either in written or electronic form to pharmacies, not including institutional pharmacies, pamphlets for consumers relative to benzodiazepines and non-benzodiazepine hypnotics that includes educational information about:

(1) Misuse and abuse by adults and children;

(2) Risk of dependency and addiction;

(3) Proper storage and disposal;

(4) Addiction support and treatment resources; and

(5) A telephone helpline.

A pharmacist shall distribute the pamphlet when dispensing a benzodiazepines or a non-benzodiazepine hypnotic.

(b) Duties of practitioners. —

No practitioner shall prescribe a benzodiazepine or a non-benzodiazepine hypnotic to a minor without first obtaining a parent or guardian’s written informed consent except in the case of emergency treatment or for treatment associated with neuromuscular disabilities. The Secretary shall prescribe a form for physicians to use in obtaining such consent. The form shall be written in a manner designed to permit a person unfamiliar with medical terminology to understand its purpose and content, and shall include the following information:

(1) Misuse and abuse by adults and children;

(2) Risk of dependency and addiction;

(3) Possible life threatening risks of minors using the drug for the first time; and

(4) Risks associated with long-term use of drugs.
16 Del. C. § 2414 — Delaware Code / Title 16 / Chapter 24 / Section 2414
§ Â
        2414. Outreach program.
Status: in_force

(a) The Secretary shall develop and provide each employer with a suitable form of notice providing employees with information regarding their rights under this chapter.

(b) As part of the outreach program, the Secretary shall develop an education and training program to assist employers pursuant to § 2410 of this title.

(c) As part of the outreach program, the Secretary may develop and distribute a supply of informational leaflets on employer duties, employee rights, the outreach program and/or the effects of hazardous chemicals.

(d) The Secretary may contract with the University of Delaware or other public or private organizations to develop and implement such an outreach program.

(e) The Secretary shall establish and publicize the availability of an information office to answer inquiries from employees, employers or the public in Delaware concerning the effects of hazardous chemicals.
16 Del. C. § 110 — Delaware Code / Title 16 / Chapter 1 / Subchapter I / Section 110
§ Â
        110. Transfer of Wilmington Department of Health personnel to state service.
Status: in_force

Any former or present employee of the State Division of Public Health who was employed by the Wilmington Department of Health in the conduct of public health matters within the City of Wilmington and was so employed at the time the responsibility for the conduct of public health matters within the City of Wilmington was transferred to the State Division of Public Health (then State Board of Health) in implementation of 57 Del. Laws, c. 37 shall, subject to merit system maximums:

(1) Be authorized to transfer vacation leave and sick leave then accumulated;

(2) Receive full credit for the time employed by the City of Wilmington in computing seniority for merit system purposes; and

(3) Receive full credit for time so employed and compensated in computing the number of years service required to receive pension benefits and in computing the amount of such pension benefits under Chapter 55 of Title 29.
16 Del. C. § 809A — Delaware Code / Title 16 / Chapter 8A / Section 809A
§ Â
        809A. Civil and criminal immunity and penalties.
Status: in_force

(a) No physician shall be civilly or criminally liable for failure to conduct hearing screening testing.

(b) No physician or hospital acting in compliance with this chapter shall be civilly or criminally liable for any acts taken in conformity herewith, including without limitation furnishing information required to be furnished hereunder.

(c) A hospital that has not established or implemented an UNHS program in accordance with this chapter shall be subject to sanction by the Division of Public Health as provided by law for licensure violations.
16 Del. C. § 1701 — Delaware Code / Title 16 / Chapter 17 / Section 1701
§ Â
        1701. Bringing garbage or household refuse into State; permit and bond.
Status: in_force

No person shall bring into the State from any place without the State, garbage or household refuse for the purpose of feeding it to hogs or for any other purpose, unless there has first been obtained from the Department of Health and Social Services a permit naming the area within which such garbage or household refuse shall be disposed of, and unless there has been deposited with the Department of Health and Social Services a bond for the sum of $500 which shall be forfeitable if the disposal of such garbage is not provided for in such a manner as meets the requirements of the Department of Health and Social Services.
16 Del. C. § 803D — Delaware Code / Title 16 / Chapter 8D / Section 803D
§ Â
        803D. Perinatal mood and anxiety disorder materials and information.
Status: in_force

(a) The Department shall develop written materials and information about perinatal mood and anxiety disorder.

(1) The materials and information shall include the symptoms and methods of coping with perinatal mood and anxiety disorder and treatment resources.

(2) The Department shall periodically review the materials and information to determine their effectiveness and ensure they reflect the most up-to-date and accurate information.

(3) The Department shall post on its website the materials and information.

(4) The Department may make available or distribute the materials and information in physical form upon request.

(b) Perinatal health-care providers shall do all of the following:

(1) Provide the materials and information developed under subsection (a) of this section to any person who presents in pregnancy or the postpartum period.

(2) Encourage any person who presents in pregnancy or the postpartum period to share the materials and information with their child’s family members or caregivers and their family members and caregivers.

(c) Hospitals and other health-care facilities shall do all of the following:

(1) Provide upon discharge, the materials and information developed under subsection (a) of this section to any person who presents in pregnancy or the postpartum period.

(2) Encourage any person in pregnancy or the postpartum periodto share the materials and information with their child’s family members or caregivers and their family members and caregivers.

(d) The Behavioral Health Commission shall assess and recommend improvements to the materials and information developed under subsection (a) of this section, in an effort to create greater statewide resources.
16 Del. C. § 216 — Delaware Code / Title 16 / Chapter 2 / Subchapter II / Section 216
§ Â
        216. Procedural safeguards [Transferred].
Status: in_force

Transferred to § 3109A of Title 14 by 83 Del. Laws, c. 213, § 2, effective Sept. 30, 2021.
16 Del. C. § 1182 — Delaware Code / Title 16 / Chapter 11 / Subchapter VIII / Section 1182
§ Â
        1182. Use of Nursing Facility Quality Assessment Fund; payments.
Status: repealed

(a) Funds deposited into the Nursing Facility Quality Assessment Fund must be used by the Department exclusively to secure federal matching funds available through the state Medicaid plan and any applicable waivers, and together with the Federal funds must be used exclusively by the Department including any managed care companies under contract to the Medicaid agency to do all of the following:

(1) Provide for per diem rate adjustments in accordance with § 1183 of this title to Medicaid enrolled nursing facilities.

(2) Reimburse the Medicaid share of the quality assessment in accordance with § 1183 of this title.

(3) Reimburse any funds advanced from the Department Medicaid budget appropriation that were used to make the payments referred to under paragraphs (a)(1) and (2) of this section.

(b) If the quality assessment imposed by § 6502 of Title 30 and the payments referred to by paragraphs (a)(1) and (2) of this section are repealed, any funds remaining in the Nursing Facility Quality Assessment Fund must:

(1) First reimburse the Department if the total of all quality assessment payments received from nursing facilities are equal to or less than the state share of all of the payments referred to by paragraphs (a)(1) and (2) of this section made by the Department including managed care companies under contract to the Medicaid agency to nursing facilities.

(2) If the total of all quality assessments received is greater than the state share of the payments issued referred to by paragraphs (a)(1) and (2) of this section, the remaining funds must be distributed back to the nursing facilities generally and proportionately on the same basis as the assessments were collected in the last calendar quarter.
16 Del. C. § 136 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 136
§ Â
        136. Healthy Lifestyles and Tobacco-Related Disease Prevention Fund.
Status: in_force

(a) A Healthy Lifestyles and Tobacco-Related Disease Prevention Fund (hereinafter in this section, the “Fund”) is established within the Division of Public Health of the Department of Health and Social Services.

(b) The Fund shall be used by the Public Health Director to encourage Delawareans to seek preventative health care, live healthy lifestyles, and to avoid unhealthy behavior, in particular, tobacco use. To that end, the Director shall: develop and implement programs to encourage healthy lifestyles and to promote avoidance of tobacco, alcohol and drug abuse; and provide Delawareans with accurate and understandable information regarding their health, including, but not limited to, information regarding the dangers of tobacco, alcohol and drug use; the preventive care Delawareans should seek to avoid and/or detect adverse health conditions, in particular cancer; and the effects of diet and physical exercise on health.

(c) The Director shall prepare an annual plan for use of the Fund, which shall be approved or modified by the Secretary of the Department.

(d) The Fund shall operate within the limits of general fund appropriations made to it. The Fund may retain any unexpended funds on a fiscal year-to-year basis; provided however, that any funds in excess of $250,000 in the Fund at the end of any fiscal year shall be reverted to the general fund absent specific legislation authorization to the contrary.
16 Del. C. § 1013A — Delaware Code / Title 16 / Chapter 10A / Section 1013A
§ Â
        1013A. Privilege and confidentiality protections.
Status: in_force

Notwithstanding any other provision of federal, state or local law, the healthcare associated infection data provided pursuant to this chapter is privileged and, except for §§ 1003A, 1004A and 1005A of this title, shall not be:

(1) Subject to admission as evidence or other disclosure in any federal, state or local civil, criminal or administrative proceeding.

(2) Subject to use in a disciplinary proceeding against a healthcare facility or provider.

(3) Subject to disclosure under Chapter 100 of Title 29.
16 Del. C. § 3033F — Delaware Code / Title 16 / Chapter 30F / Subchapter III / Section 3033F
§ Â
        3033F. Fines and penalties.
Status: in_force

All fines, penalties and forfeitures, imposed and collected in the State under every act relating to or affecting cruelty to animals, animal fighting, dog control, dog barking, or dangerous animals, shall be remitted to the enforcing agency.
16 Del. C. § 4924A — Delaware Code / Title 16 / Chapter 49A / Section 4924A
§ Â
        4924A. Enforcement of this chapter.
Status: in_force

If the Commissioner fails to adopt regulations to implement this chapter within the times provided for in this chapter, any citizen may commence an action in Superior Court to compel the Commissioner to perform the actions mandated pursuant to the provisions of this chapter.
16 Del. C. § 2514 — Delaware Code / Title 16 / Chapter 25 / Section 2514
§ Â
        2514. Disqualification to act as default surrogate.
Status: in_force

(a) An individual for whom a health-care decision would be made may disqualify another individual from acting as default surrogate for the first individual. The disqualification must be in a record signed by the first individual or communicated verbally or nonverbally to the individual being disqualified, another individual, or a responsible health-care professional. Disqualification under this subsection is effective even if made by an individual who lacks capacity to make an advance directive if the individual clearly communicates a desire that the individual being disqualified not make health-care decisions for the individual.

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

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

(2) The potential default surrogate is an owner, operator, employee, or contractor of a nursing home or long-term care facility in which the individual is residing or 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 potential default surrogate refuses to provide a timely declaration under § 2512(c) of this title.

(4) The individual has a pending protection from abuse petition against the potential default surrogate.

(5) The individual has a protection from abuse order against the potential default surrogate.

(6) The potential default surrogate is the subject of a civil or criminal order prohibiting or limiting contact with the individual.
16 Del. C. § 3092F — Delaware Code / Title 16 / Chapter 30F / Subchapter VI / Section 3092F
§ Â
        3092F. Adoption of cats and dogs used in research, education, or testing.
Status: in_force

(a) When a research facility that confines and uses dogs and cats for research, education, testing, or other scientific purposes no longer needs a cat or dog that does not pose a health or safety risk to the public, the research facility shall do 1 of the following:

(1) Offer the cat or dog to an animal rescue organization or animal shelter for adoption.

(2) Offer the cat or dog for adoption through a private placement.

(b) A research facility must enter into an agreement with an animal rescue organization or animal shelter for the implementation of this section.
16 Del. C. § 7916 — Delaware Code / Title 16 / Chapter 79 / Section 7916
§ Â
        7916. Plumbing fixture materials.
Status: in_force

Plumbing fixtures shall be made of smooth nonabsorbent material, shall be free from concealed fouling surfaces and shall be set free of inclosures.
16 Del. C. § 9807 — Delaware Code / Title 16 / Chapter 98 / Section 9807
§ Â
        9807. Paramedics.
Status: in_force

(a) A paramedic may provide such paramedic services as are set forth in the paramedic’s certificate if such services are provided under the supervision of a physician, or in any context where voice contact by radio or telephone is monitored by a physician; and such paramedic may provide advanced life support where authorized to do so by a physician.

(b) If direct voice communication between a physician and a paramedic fails or is technically impossible, the paramedic may perform any emergency medical service for which the paramedic is certified, in compliance with treatment protocols set forth by the Board, when the life of the patient is in immediate danger and requires such care for its preservation.
16 Del. C. § 3602 — Delaware Code / Title 16 / Chapter 36 / Section 3602
§ Â
        3602. Definitions [For application of this section, see 84 Del. Laws, c. 373, Â 3] [Expires Aug. 29, 2028].
Status: in_force

As used in this chapter:

(1) “Division” means the Division of Small Business created by § 8703A of Title 29.

(2) “Food desert” means locations where the residential population lacks adequate access to affordable nutritious foods, typically lower-income areas where there is no access to a grocery store within at least 0.5 mile in urban areas or at least 10 miles in nonurban areas.

(3) “Food resource” means any source that provides or enables access, availability, or affordability of healthy food products including food retailers, food banks, food pantries, specialty grocers, supermarkets, corner stores, restaurants, state benefits offices, food box voucher programs, or other mechanisms that enable healthy food access in food desert communities.

(4) “Healthy Food Retail Initiative” means the Delaware Healthy Food Retail Initiative, a project started in 2021 to develop a series of policy, systems, and environment strategies to help Delaware residents access enough nourishing food from sources within a resident’s immediate neighborhood or community.

(5) “Local governmental unit” means any county, municipality, township, special district, or unit that is designated as a unit of local government by law and exercises limited governmental powers or powers in respect to limited governmental subjects. “Local governmental unit” also includes any school district or community college district.

(6) “Nonprofit” means an organization or institution that is organized as a nonprofit nonstock corporation according to the General Corporation Law [Chapter 1] of Title 8.

(7) “Program” means the First State Food System Program, which was established by the Delaware Department of Agriculture, using Delaware state funds from the American Rescue Plan [P.L. 117-2] to award grants to food resources.

(8) “Specialty grocer” means a food resource that provides or enables the access, availability, or affordability of culturally diverse food products, including independent retail operations.
16 Del. C. § 6308 — Delaware Code / Title 16 / Chapter 63 / Section 6308
§ Â
        6308. Data collection and management.
Status: in_force

(a) The Department is hereby designated as the state agency responsible for the collection and management of all information reported under the requirements established within this chapter.

(b) The Department is hereby authorized to assess reasonable charges for public requests for data collected under this chapter to cover the costs associated with filling such requests.

(c) The State Emergency Response Commission shall oversee the collection and management of information by the Department under subsection (a) of this section.

(d) The Department may establish procedures for the submission of information under this chapter by computerized and electronic methods, including, but not limited to, the submission of information on magnetic media. The submission of information in accordance with such procedures by owners or operators of facilities covered by the requirements of this chapter shall satisfy the associated requirement to submit the information in a paper format.

(e) The requirements of this chapter are intended to provide information to state and local government organizations to support emergency planning and response activities; to assist governmental agencies, researchers and other persons in the conduct of research and data gathering; to aid in the development of appropriate regulations, guidelines and standards; and for other similar purposes. In addition, the reports and information collected under this chapter are to be made available to the public, including citizens of communities surrounding covered facilities, consistent with subsections (f), (g) and (h) of this section to promote public participation in identifying, preparing for and managing chemical risks in the community.

(f) With regard to a hazardous chemical, an extremely hazardous substance or a toxic chemical, any person required under this chapter to submit information to any other person may withhold from such submittal the specific chemical identity (including the chemical name and other specific identification) providing such person successfully demonstrates, to the satisfaction of the Secretary and in accordance with regulations prescribed under § 6313 of this title, each of the following:

(1) Such person has not disclosed the information to any other person other than a member of a local emergency planning committee, an officer or employee of the United States or a State or local government, an employee of such person, or a person who is bound by a confidentiality agreement, and such person has taken reasonable measures to protect the confidentiality of such information and intends to continue to take such measures.

(2) The information is not required to be disclosed or otherwise made available to the public under any other federal or state law.

(3) Disclosure of the information is likely to cause substantial harm to the competitive position of such person.

(4) The chemical identity is not readily discoverable through reverse engineering.

(g) Any person withholding information under subsection (f) of this section must submit to the Secretary the following:

(1) A copy of the relevant submittal.

(2) The information such person believes is entitled to be withheld under subsection (f) of this section.

(3) A detailed explanation of how such information meets the criteria established under subsection (f) of this section.

(h) Upon request by an owner or operator of a facility subject to the requirements of § 6306 of this title, the location of any specific chemical required to be contained in an inventory form under § 6306 of this title shall be withheld from disclosure.

(i) Any such record, report or information accorded confidential treatment under this section may be disclosed or transmitted to other officers, employees or authorized representatives of federal, state or local government organizations, including local emergency planning and response organizations concerned with carrying out this chapter or when relevant in any proceeding to effectuate the intent of this chapter. Any such record, report or information may also be disclosed or transmitted to health care professionals as necessary for possible emergency medical situations.

(j) Any person to whom confidential information is provided under this section shall maintain the confidentiality of the information. Such persons may be required to agree in a written confidentiality agreement that the information will be used for no purpose other than to carry out the intent of this chapter.
16 Del. C. § 9703 — Delaware Code / Title 16 / Chapter 97 / Section 9703
§ Â
        9703. Delaware Emergency Medical Services Oversight Council.
Status: in_force

(a) There is established the Delaware Emergency Medical Services Oversight Council (DEMSOC). The Council shall consist of the following members:

(1) A representative of the Office of the Governor appointed by the Governor.

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

(3) The Director of the Delaware Emergency Management Agency.

(4) The Secretary of the Department of Health and Social Services.

(5) The Chair of the Delaware State Fire Prevention Commission.

(6) The President of the Delaware Volunteer Firefighter’s Association.

(7) The Chief of the New Castle County Emergency Medical Services.

(8) The Kent County Administrator.

(9) The Sussex County Administrator.

(10) The President of the Delaware Chapter of the American College of Emergency Physicians.

(11) The State EMS Medical Director.

(12) The Chair of the Trauma Systems Committee.

(13) A practicing paramedic, certified and employed in the State, appointed by the Governor.

(14) The Chair of the DVFA Ambulance Advisory Committee.

(15) Three at-large members, 1 from each county, appointed by the Governor.

(16) The President of the Delaware Healthcare Association.

(17) The Executive Director of the Medical Society of Delaware.

(18) The Chair of the Delaware Police Chiefs’ Council.

(19) The Paramedic Commander of the Delaware State Police Aviation Unit.

(20) The Chair of the Emergency Medical Services for Children (EMSC) Advisory Committee.

(21) The Chair of the Stroke System Committee.

(b) Members serving by virtue of position may appoint designees to serve in their stead.

(c) The Council shall meet at a minimum of 1 time per year.

(d) An appointed member serves for a term of up to 3 years and is eligible for reappointment. The Governor shall appoint members for staggered terms so that no more than 3 members’ terms expire in any 1 calendar year.

(e) A majority of the membership of the Council shall constitute a quorum. A vacant position is not counted for quorum purposes.

(f) If an appointed member fails to attend 3 successive meetings of the Council without just cause, that member’s position may be deemed vacant and the Governor may appoint a replacement.

(g) The Chairperson of the Council shall be designated from among the members by the Governor and shall serve at the pleasure of the Governor. The Chairperson shall select a Vice Chairperson from the membership of the Council to serve in the Chairperson’s absence.

(h) The Council may adopt bylaws for adopting operating procedures including the election of officers, the conducting of meetings, and other matters to promote the efficient operation of the Council in this performance of its duties under this section.

(i) The Council shall monitor Delaware’s emergency medical services system to ensure that all elements of the system are functioning in a coordinated, effective, and efficient manner in order to reduce morbidity and mortality rates for the citizens of Delaware and to ensure quality of emergency care services.

(j) The Council shall have the following duties and responsibilities:

(1) To examine policies and procedures and evaluate the effectiveness of the EMS system, specifically the respective roles, responsibilities, effectiveness and efficiency of the Office of Emergency Medical Services (OEMS), the State Fire Prevention Commission, the Department of Safety and Homeland Security, the EMS provider agencies and the medical community;

(2) To study, research, plan, evaluate as well as offer guidance to, cooperate with and assist public agencies and private institutions and organizations on methods for the coordination and effective utilization of their emergency medical service programs;

(3) To formulate goals and recommendations, based on objective criteria and data, to be used in evaluating EMS provider agency performance;

(4) To review and make recommendations concerning quality improvement efforts pursuant to this chapter;

(5) To make recommendations to the Office of EMS, the Department of Safety and Homeland Security, the EMS provider agencies and the medical community for improving EMS in Delaware;

(6) To make legislative recommendations to the Governor and General Assembly;

(7) To provide an annual report on or before April 15 of each year to the Governor, General Assembly, interested parties and the public which will outline the performance of all EMS system agencies, comparing that performance to established goals and performance measures. The report shall also estimate the costs of Delaware’s EMS medical system. Automatic external defibrillator and cardio-pulmonary resuscitation program performance shall be included in this report. The first report will cover service provided in calendar year 2000 and will be delivered by April 15, 2001;

(8) To make recommendations concerning EMS to the State Fire Prevention Commission. The Commission will consider and act upon those recommendations; and

(9) To conduct a full review of EMS in the State at a minimum of every 5 years.

(k) The Council may request and shall receive from any department, division, commission or agency of the State such reasonable assistance and data as will enable it to properly carry out its functions hereunder.

(l) OEMS shall staff the Council.
16 Del. C. § 4756 — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4756
§ Â
        4756. Drug possession; class G felony.
Status: in_force

(a) Except as authorized by this chapter, it is unlawful for any person to possess a controlled substance in a Tier 1 quantity.

(b) Violation of subsection (a) of this section is a class G felony.
16 Del. C. § 5401 — Delaware Code / Title 16 / Chapter 54 / Section 5401
§ Â
        5401. Definitions.
Status: in_force

Except where the context indicates otherwise, as used in this chapter:

(1) “Licensed clinical social worker” means “licensed clinical social worker” as defined by Chapter 39 of Title 24.

(2) “Licensed counselor working in the field of mental health” means “licensed counselor working in the field of mental health” as defined by Chapter 30 of Title 24.

(3) “Licensed psychologist” means “licensed psychologist” as defined by Chapter 35 of Title 24.

(4) “Mental health services provider” means any physician, registered professional nurse, licensed counselor working in the field of mental health, psychologists and licensed clinical social workers as defined in this chapter.

(5) “Patient” means any person with whom the mental health services provider has established a patient-care provider relationship.

(6) “Physician” means “physician” as defined by Chapter 17 of Title 24.

(7) “Registered professional nurse” means “registered professional nurse” as defined by Chapter 19 of Title 24.
16 Del. C. § 712 — Delaware Code / Title 16 / Chapter 7 / Subchapter I / Section 712
§ Â
        712. Custodian of records.
Status: in_force

No Department of Public Health and Social Services or local health department officer or employee shall be examined in a civil, criminal, special or other proceeding as to the existence or contents of pertinent records for a person examined or treated for an STD or HIV infection by the Division of Public Health, or of the existence of contents of such reports received from a private health-care professional or private health facility, without the consent of the person examined and treated for such diseases, except where the information in such records is disclosed pursuant to § 710 or § 711(2), (3) or (5) of this title.
16 Del. C. § 7906 — Delaware Code / Title 16 / Chapter 79 / Section 7906
§ Â
        7906. Rules and regulations for installation of plumbing; registration of plumbers; application for inspection.
Status: in_force

(a) The Division of Public Health, in order to provide for the health of the citizens of the State, shall adopt and promulgate suitable rules and regulations for the construction, alteration, repair, modification or renovation of water and sewer systems and of building and house drainage systems; shall enforce those rules and regulations; and shall make provisions under this section and Chapter 18 of Title 24 for the punishment of any person who violates or assists in the violation of or refuses to comply with such rules and regulations.

(b) Registration and licensure of plumbers and persons engaged in the practice of plumbing in this State shall be in accordance with Chapter 18 of Title 24.

(c) No license shall be required of a person who installs such person’s own plumbing work, service or equipment in or about such person’s own home that is not for sale or any part for rent or lease, except that such person shall be required to obtain a permit from the Division of Public Health or from the proper plumbing inspection authority. Nothing in this subsection (c) shall be construed to prohibit a person from obtaining free assistance in installing such person’s own plumbing work, service or equipment in such person’s own home that is not for sale or any part for rent or lease.

(d) Property used exclusively for agricultural purposes is excluded from all provisions of this section, except for the necessity to obtain a permit from the Division of Public Health or from the proper plumbing inspection authority.

(e) The Division of Public Health shall issue plumbing permits and shall assess a $100 fee for each permit, except that no permit shall be required or fee assessed for the replacement of an existing fixture, piece of equipment or related piping, including but not limited to hot water heaters and water conditioning systems. All revenue generated shall be retained by the Division of Public Health in order to defray costs associated with the plumbing inspection program.
16 Del. C. § 8001 — Delaware Code / Title 16 / Chapter 80 / Section 8001
§ Â
        8001. Purpose [Expires upon fulfillment of the contingency in 84 Del. Laws, c. 145, Â 2].
Status: in_force

The purpose of this chapter is to facilitate the ownership of electric vehicles by persons who own or lease a single-family or multi-family residential dwelling.
16 Del. C. § 6404 — Delaware Code / Title 16 / Chapter 64 / Section 6404
§ Â
        6404. Amusement ride operation requirements.
Status: in_force

A person may not operate an amusement ride unless the person:

(1) Has the amusement ride inspected at least once annually for safety by an insurer or a person with whom the insurer has contracted and obtains from that insurer or person a written certificate that the inspection has been made and that the amusement ride meets the standards for coverage and is covered by the insurance required by paragraph (2) of this section;

(2) Has an insurance policy currently in force written by an insurance company authorized to do business in this State, a surplus lines insurer, as defined by Chapter 19 of Title 18, or an independently procured policy in an amount of not less than $1,000,000 per occurrence insuring the owner or operator against liability for injury to persons arising out of the use of the amusement ride; and

(3) Files with the Fire Marshal in the manner required by this chapter, the inspection certificate and the insurance policy required by this section or a photocopy of such a certificate or policy authorized by the Fire Marshal.
16 Del. C. § 2212A — Delaware Code / Title 16 / Chapter 22A / Section 2212A
§ Â
        2212A. Prohibition against retaliation.
Status: in_force

It is unlawful to knowingly retaliate against a person who makes a complaint under this chapter. Violation of this section is a civil violation subject to a minimum fine of $1,000 and a maximum fine of $5,000.