16 Del. C. § 122 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 122
§ Â
        122. Powers and duties of the Department of Health and Social Services [For application of this section, see 84 Del. Laws, c. 434, Â 3].
Status: repealed

The Department shall have the following general powers and duties:

(1) Supervision of all matters relating to the preservation of the life and health of the people of the State.

(2) Supreme authority in matters of quarantine; it may declare and enforce such quarantine, when necessary and where no quarantine exists, and may modify, relax or abolish it, where it has been established.

(3) Adopt, promulgate, amend, and repeal regulations consistent with law, which regulations shall not extend, modify or conflict with any law of this State or the reasonable implications thereof, and which shall be enforced by all state and local public health officials, to do all of the following:

a. Prevent and control the spread of all diseases that are dangerous to the public health;

b. Prevent and control nuisances which are or may be detrimental to the public health;

c. Provide for the sanitary protection of all drinking water supplies which are furnished to and used by the public, including the establishment of primary maximum contaminant levels, operational requirements and public notice requirements. Primary maximum contaminant levels mean a maximum contaminant level which involves a biological, chemical or physical characteristic of drinking water that may adversely affect the health of the consumer.

A public water supplier means any person who owns or operates 1 or more public water systems. A public water system means a water supply system for the provision to the public of water for human consumption through pipes or other constructed conveyances either directly from the user’s free-flowing outlet or indirectly by the water being used to manufacture ice, foods and beverages or that supplies water for potable or domestic purposes to employees, tenants, members, guests or the public at large in commercial offices, industrial areas, multiple dwellings or semi-public buildings including, but without limitation, rooming and boarding houses, motels, tourist cabins, mobile home parks, restaurants, hospitals and other institutions, or offers any water for sale for potable domestic purposes. A dwelling unit means 1 or more rooms arranged for the use of 1 or more individuals as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities. A person shall include corporations, companies, associations, firms, municipally owned water utilities, partnerships, societies and joint stock companies, as well as individuals. In addition, the following provisions shall apply:

1. No public water system shall operate without a duly licensed public water supply operator. The Department shall have the authority to exempt the owners of seasonal public water systems, restaurants, hotels and similar businesses from the requirement to operate with a licensed public water supply operator. The Department shall have the exclusive power to grant or deny any such license and shall adopt regulations setting the requirements, including any acceptable performance or an examination for obtaining and retaining any such license. The Department shall assess an annual licensure fee of $50 per operator.

A. The Department shall create an Advisory Council to assist the Secretary in implementing the requirements of this paragraph (3)c.1.

B. The Department shall have the authority to create a temporary variance program for water systems upon the loss of their operator.

C. All decisions of the Secretary with regard to issuance or renewal of a variance pursuant to paragraph (3)c.1.B. of this section shall be final and conclusive. Where the applicant for issuance or renewal of a variance is in disagreement with the action of the Secretary, such applicant may appeal the Secretary’s decision to the Superior Court within 30 days of the postmarked date of the copy of the decision mailed to the holder. The appeal shall be decided on the record and shall proceed as provided in §§ 10142-10145 of Title 29.

2. The Department shall have the authority to monitor the water quality of public water systems for secondary drinking water quality standards. The Secretary shall have the authority to establish, after public hearing, minimum secondary drinking water quality standards for all public water suppliers serving more than 500 service connections within the state. In determining the total number of service connections, all public water systems operated, managed or owned wholly or in part by the public water supplier within the State shall be added together. Secondary drinking water quality standards involve a biological, chemical or physical characteristic of water that may adversely affect the taste, odor, color or appearance (aesthetics) which may affect public confidence or acceptance of the drinking water. These standards shall include but are not limited to chlorides, copper, iron, manganese, sulfate, total dissolved solids and other standards as determined by the Secretary. Such standards shall be at least as stringent as those adopted by the United States Environmental Protection Agency under the Safe Drinking Water Act [42 U.S.C. § 300f et seq.]. A certificate of noncompliance shall be issued to any public water supplier that serves more than 500 service connections whose public water system violates secondary drinking water quality standards as adopted by the Department. Such certificate shall require the public water supplier to report within 60 days what measures have been or will be taken to bring the public water system into compliance. Should any public water supplier serving more than 500 service connections within the State fail, without good cause, to meet secondary drinking water quality standards pursuant to this section for a period of time greater than 7 consecutive days, or should the public water supplier have a history of a recurring problem, the Secretary shall file a report with the Public Service Commission detailing such failure or such a history of a recurring problem. The Public Service Commission may utilize the report as cause to review the public water supplier’s ability to provide adequate service under its present certificate of public convenience and necessity and may also use such report as a factor in considering any application by the water system supplier’s for any further certificate. In addition, for public water systems operated by public utilities which are subject to the jurisdiction of the Public Service Commission under § 203C of Title 26, the Commission may utilize such report as cause to review the appropriate rates to be charged by the utility in light of the quality of service being provided.

3. The Department shall ensure that all new community and nontransient noncommunity public water systems commencing operation after October 1, 1999, demonstrate technical, managerial and financial capacity to operate in compliance with state regulations Governing Public Drinking Water Systems and the federal Safe Drinking Water Act [42 U.S.C. § 300f et seq.]. It is the purpose of this subparagraph to ensure that the Department has adequate information about the background of applicants or regulated parties for the purposes of processing permits. This includes the ability to identify applicants or regulated parties with histories of environmental violations or criminal activities and/or associations; or applicants who cannot demonstrate the required responsibility, expertise or competence which is necessary for the proper operation or activity permitted by the Department.

4. Whoever refuses, fails or neglects to perform the duties required of public water suppliers under paragraph (3)c. of this section; or who violates, neglects or fails to comply with duly adopted regulations or orders of the Department of Health and Social Services regarding the duties of public water suppliers, shall be subject to a judicially imposed penalty of up to $10,000 per day, together with costs, for every day from and after the effective date of an order of the Department of Health and Social Services, specifically directing compliance until such compliance has been achieved. Observance of orders of the Department of Health and Social Services concerning public water suppliers may also be compelled by mandamus or injunction, in appropriate cases, or by an action to compel the specific performance of the orders so made, or of the duties imposed by law upon such public water supplier. The Department of Health and Social Services may investigate the financial operations of a public water supplier to the extent necessary to enter an adequate compliance order.

5. In lieu of judicially imposed penalties, the Secretary may impose administrative penalty upon any public water supplier who refuses, fails or neglects to perform the duties required of it under paragraph (3)c. of this section. The administrative penalty shall be as follows:

A. For a system serving a population of more than 10,000 people the administrative penalty shall be not less than $1,000 nor more than $10,000 per day per violation; and

B. For any other system, the administrative penalty shall be not less than $100 nor more than $10,000 per day per violation.

Assessment of an administrative penalty shall be determined by the nature, circumstances, extent and gravity of the violation, or violations, ability of the violator to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation and such other matters as justice may require.

In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Secretary in any court of competent jurisdiction, including any Justice of the Peace Court, for collection of the administrative penalty, including interest, attorneys’ fees and costs, and the validity, amount and appropriateness of such administrative penalty shall not be subject to review.

6. Drinking water contaminant notification. —

A. As used in this section, “Drinking water contaminant” means any physical chemical, biological or radiological substance or matter in drinking water, the presence of which is confirmed by 2 or more samples taken at the same location at different times, using recognized practices and procedures, which substance exceeds the minimum drinking water quality standards established in accordance with paragraph (3)c. of this section.

B. Public notification of drinking water contaminants shall be categorized as either an Immediate Notice (Tier 1), Notice as soon as possible (Tier 2) or 90-day Notice (Tier 3). A Tier 1 drinking water contaminant notification is required when there is an acute risk to human health arising from the presence of drinking water contaminants in drinking water provided by a public drinking water supplier. A Tier 2 drinking water contaminant notification is required when a public water system provides drinking water containing levels of a contaminant that exceed federal or state drinking water standards, but does not pose an acute risk to human health or the public drinking water supplier fails to monitor and report water quality information to the Department in accordance with regulations. A Tier 3 drinking water notification is required when a public drinking water system provides water which otherwise does not comply with federal or state drinking water standards, but the noncompliance does not pose a risk to human health.

C. In the event of a Tier 1, Tier 2 or Tier 3 drinking water contaminant incident, the public drinking water supplier shall immediately notify the Department. If the Department deems it necessary, the public drinking water supplier shall also notify its affected customers in accordance with paragraph (3)c.6.D. of this section and Department regulations and such notice shall include, to the maximum extent practicable, the following information:

I. A description of the violation or situation, including contaminant levels, if applicable;

II. When the violation or situation occurred;

III. Recognized potential adverse health effects using standard health effects language as approved by the Division of Public Health;

IV. The affected population;

V. Whether alternative drinking water supplies should be used;

VI. What action consumers should take;

VII. What the public drinking water provider is doing to correct the violation or situation;

VIII. When the public drinking water provider expects the system to return to compliance or the situation to be resolved;

IX. The name, business address and phone number of the public drinking water system owner or operator; and

X. A statement encouraging distribution of the notice to others, where applicable.

D. For Tier 1 drinking water contaminant incidents, the information listed in paragraphs (3)c.6.C.I. through X. of this section above, shall be made available to affected customers by the public drinking water supplier, if the Department deems it necessary, as soon as possible but no later than 24 hours after the contamination is reported. For Tier 2 drinking water contaminant incidents, the information listed in paragraphs (3)c.6.C.I. through X. of this section above shall be made available to affected customers by the public drinking water supplier, if the Department deems it necessary, as soon as practical but within 14 calendar days after the contamination is reported. For Tier 3 drinking water contaminant incidents, the information listed in paragraphs (3)c.6.C.I. through X. of this section above shall be made available to affected customers by the public drinking water supplier, if the Department deems it necessary, as soon as practical, but within 90 calendar days after the contamination is reported.

E. In accordance with the public notification timelines established under paragraph (3)c.6.C. of this section, the public drinking water supplier shall also provide the same notification to all of the following:

I. The elected Council or Levy Court members of the county in which the contamination occurred.

II. The elected Council members of the municipality in which the contamination occurred.

III. The State Representatives and Senators in whose district the contamination occurred.

IV. Any community or civic group or individual that notifies the public drinking water supplier that they desire to receive such information.

V. If the contamination occurred in a manufactured home community, the Department of Justice and the Delaware Manufactured Home Relocation Authority.

F. The public drinking water supplier is not required to report the results of tests for the presence of drinking water contaminants to the Department in cases where the Division of Public Health performs the potable water analyses.

G. In the event the public drinking water supplier is unable to provide public notification of a Tier 1, Tier 2 or Tier 3 drinking water contaminant incident, as required by this section, such public drinking water supplier shall be responsible for paying for the cost of any such advertisements and notices made on its behalf by the Department.

7. Regulatory and compliance information, public drinking water system performance and public information. —

A. The Department shall develop a Safe Drinking Water Information System that will include general information about public drinking water systems under the Department’s regulatory jurisdiction as defined by this title. The System shall provide the public with information that indicates when a public drinking water system has been inspected, what violations are detected, when the public drinking water system comes back into compliance, and any enforcement action that results from violations. The Department shall also publish on the Department web site all Tier 1, Tier 2 and Tier 3 drinking water contaminant public notifications as soon as possible, but within 1 business day of the release of the notification to the public.

B. Delaware public drinking water systems that are identified as a community water system by the Division of Public Health, shall prepare and issue each year, on or before July 1, an annual water quality report to customers served by their drinking water system. The water quality reports shall be provided by parcel post return receipt requested to the Department and the Division of the Public Advocate. In addition, the public drinking water supplier shall notify its customers of the availability of the annual water quality report and provide copies of the report to all individuals, health-care providers or organizations requesting it. The water quality report shall include such information as may be prescribed by the Division of Public Health, including, but not limited to, any environmental violations or enforcement actions taken against the public drinking water supplier by federal, state or local regulatory authorities and the name and contact information of the public drinking water supplier representative. The reports may also include any voluntary activities undertaken by the drinking water supplier to reduce health risks from identified contaminants, including source water assessments, installation of new treatment processes, or such similar environmental improvements undertaken within the previous year or planned for the next 5 years.

C. Any records, reports or information obtained pursuant to this chapter and any permits, permit applications and related documentation shall be available to the public for inspection and copying in accordance with Chapter 100 of Title 29.

8. PFAS in public drinking water systems mandatory reporting. —

The Department shall implement and enforce the provisions of this title regarding perfluoroalkyl and polyfluoroalkyl substances, also known as “PFAS” or “forever chemicals,” in public drinking water systems.

d. Provide for the sanitary control of public swimming pools except that no regulation currently existing or hereafter adopted shall require a life guard to be on duty at any pool of any motel, hotel, private campground facility, or pool servicing residential communities including but not limited to apartment, townhome, and single-family communities provided such pool is not accessible to the general public;

e. Regulate plumbing in the interests of the public health;

f. Provide for the sanitary production, distribution, and sale of market milk and dairy products and other foods, except for “raw milk” as defined in § 3176 of Title 3.

g. Provide for the sanitary control of tourist camps, trailer camps and other public camps;

h. Protect and promote the health of all mothers and children;

i. Provide for proper sanitation, ventilation and hygiene in schools and for sanitary and health requirements for food handlers in the schools not less stringent than the requirements for food handlers in public eating places;

j. Protect and promote the public health generally in this State, and carry out all other purposes of the laws pertaining to the public health;

k. Provide the mechanism for yearly medical examination of all persons engaged in the preparation and service of food and drink for human consumption in commercial establishments or public and private educational institutions where such persons come in physical contact with the food and drink prepared or served, such examinations to include whatever tests the Director of the Division of Public Health of the State Department of Health and Social Services shall deem necessary;

l. Provide the mechanism for medical examinations of all applicants for food handling employment if such employment involves preparation of food and drink for human consumption in commercial establishments or public and private educational institutions where such persons come in physical contact with the food or drink prepared or served, such examinations to include whatever tests the Director of the Division of Public Health of the State Department of Health and Social Services shall deem necessary;

m. Establish standards for quality assurance in the operation of hospice programs, which shall include, but not be limited to establishing and implementing standardized protocol with respect to the safe disposal of unused prescription medication following the death of an in-home hospice patient, and control the practice of such programs. Upon receipt of an application for license and the application fee of $100, the Department shall issue a license if the hospice meets requirements established under this chapter. A license, unless sooner suspended or revoked, shall be renewed annually upon filing by the licensee and payment of an annual licensure fee of $50. A provisional license, as authorized by the Department, shall be issued when health requirements are not met and a licensure fee of $50 has been submitted. A hospice which has been issued a provisional license shall resubmit the application fee for reinspection prior to the issuance of an annual license;

n. Prevent and control the spread of vaccine-preventable diseases in children, including regulation of nonpublic elementary and secondary schools and daycare and other preschool facilities; provided, however, that nothing in this paragraph shall require medical treatment for the minor child of any person who is a member of a recognized church or religious denomination and whose religious convictions, in accordance with the tenets and practices of the person’s church or religious denomination, are against medical treatment for disease;

o. Establish standards for public health quality assurance in the operation of home health agency programs and regulate the public health practice of such programs.

1. A home health agency is any business entity or subdivision thereof, whether public or private, proprietary or not-for-profit, which provides home health-care services.

A. Home health-care services include but are not limited to the following:

I. Licensed nursing;

II. Physical therapy;

III. Speech therapy;

IV. Audiology;

V. Occupational therapy;

VI. Nutrition;

VII. Social Services; or

VIII. Home health aides.

B. Home health agencies shall provide:

I. Two or more home health-care services, 1 of which must be either licensed nursing services or home health aide services; or

II. Home health aide services exclusively which shall include, but not be limited to:

(A) Feeding;

(B) Bathing;

(C) Dressing;

(D) Grooming; and

(E) Incidental household services.

2. For purposes of this paragraph (3)o., the following shall also apply:

A. Home health agency services are provided directly through employees of the agency or through contract arrangements, including those contracts with individuals considered to be independent contractors.

B. Home health agency services are provided to individuals primarily in their home or private residence.

C. All home health agency services must be supervised by a registered nurse.

D. Home health agencies shall utilize written financial agreements between the agency and the consumer. These agreements shall minimally include:

I. Description of services purchased and the associated cost;

II. Acceptable method of payment or payments for these services; and

III. Outline of the billing procedures.

All payments by the consumer for services rendered shall be made directly to the agency or its billing representative and no payments shall be made to or in the name of individual employees/contractors/subcontractors of the agency.

3. A home health agency does not include:

A. Any visiting nurse service or home health service conducted by and for those who rely upon spiritual means through prayer alone for healing in accordance with the tenets and practices of a registered church or religious denomination.

B. An agency which solely provides services as defined in Chapter 94 of this title.

C. An agency which provides staffing exclusively to other agencies (including but not limited to nursing facilities, home health agencies, and hospitals).

4. Upon receipt of an application for licensure and the nonrefundable application fee of $500, the Department shall issue a license if the home health agency meets the requirements established under this chapter. A license, unless sooner suspended or revoked, shall be renewed annually upon filing by the licensee and payment of an annual licensure fee of $300.

5. A provisional license, as authorized by the Department, shall be issued when health requirements are not met and a licensure fee of $300 has been submitted. A home health agency which has been issued a provisional license shall resubmit the application fee ($500) for reinspection prior to the issuance of an annual license.

6. [Repealed.]

7. The Department may request the Superior Court to impose a civil penalty of not more than $10,000 for a violation of this subsection or a regulation adopted pursuant to it. In lieu of seeking a civil penalty, the Department, in its discretion, may impose an administrative penalty of not more than $10,000 for a violation of this subsection or a regulation adopted pursuant to it. Under this subparagraph, each day a violation continues constitutes a separate violation.

8. In determining the amount of any civil or administrative penalty imposed pursuant to paragraph (3)o.7. of this section, the Court or 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 a consumer or consumers;

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

C. The efforts made by the agency to correct the violation or violations;

D. The culpability of the person or persons who committed the violation or violations;

E. Any misrepresentation made to the Department; and

F. Any other matter that affects the health, safety or welfare of a consumer or consumers.

9. The Department shall have the authority to collect administrative penalties. Any fees or civil or administrative penalties collected by the Department under this section are hereby appropriated to the Department to carry out the purposes of this section.

10. In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Secretary in Superior Court for collection of the administrative penalty, including interest, attorney fees and costs. In a civil action to collect the administrative penalty the validity, amount and appropriateness of such administrative penalty shall not be subject to review.

p. Establish standards for quality assurance in the operation of freestanding birthing centers, freestanding surgical centers, and freestanding emergency departments; and to grant licenses for the operation of such facilities to persons, associations or organizations meeting those standards and paying the appropriate license fee established by the Department. Upon receipt of an application for license and the application fee of $150 for freestanding birthing centers, $250 for freestanding surgical centers, and $250 for freestanding emergency departments, the Department shall issue a license if the facility meets the requirements established under this chapter. A license unless sooner suspended or revoked, shall be renewed annually upon filing by the licensee and payment of an annual licensure fee of $75 for freestanding birthing centers, $150 for freestanding surgical centers, and $150 for freestanding emergency departments. A provisional license as authorized by the Department shall be issued when health requirements are not met and a licensure fee of $75 for freestanding birthing centers, $150 for freestanding surgical centers, and $150 for freestanding emergency departments has been submitted. Only licensed facilities may use the terms birthing, surgical or emergency in their name or advertising as approved by the Department. For each facility which has been issued a provisional license, there shall be resubmission of the application fee for reinspection prior to the issuance of an annual license. When appropriate, the Department should use the established standards for Medicare reimbursement in setting standards; provided, however, that nothing contained in this subparagraph shall be construed to authorize the Department to expand or limit the scope of practice afforded to professionals under other chapters of this title or other provisions of Delaware law or lawful regulations of the Department. For the purpose of this chapter, the following definitions shall apply to those facilities:

1. “Freestanding birthing center” means a public or private facility, other than a hospital, which is established for the purpose of delivering babies and providing immediate postpartum care.

2. “Freestanding emergency department” means a facility, physically separate from a hospital, which is established, maintained and operated for the purpose of providing immediate and emergent care to individuals suffering from a life-threatening medical condition, and which is subject to the following requirements:

A. Services are provided 24 hours per day, 7 days per week on an outpatient basis for medical conditions that include those manifested by symptoms of sufficient severity that, in the absence of immediate medical attention, could result in any of the following:

I. Placing the patient’s health in jeopardy.

II. Serious impairment to bodily functions.

III. Serious dysfunction of any bodily organ or part.

IV. Development or continuance of severe pain.

B. The freestanding emergency department shall maintain the services, staff, equipment and drugs necessary to provide an initial evaluation and stabilization of a patient of any age who presents with symptoms as noted herein.

I. There shall be a full time physician serving as director of the freestanding emergency department who is board-certified in emergency medicine.

II. Each physician practicing in the freestanding emergency department shall be licensed to practice medicine in the State and:

(A) Be board-certified in emergency medicine; or

(B) Be board-eligible for certification in emergency medicine and attain certification within 3 years of completion of a residency program; or

(C) Have at least 3 years of full-time clinical experience in emergency medicine within the past 5 years, be American Board of Medical Specialties or American Osteopathic Association certified in a medical specialty, and hold current certifications in advanced cardiac life support, advanced pediatric life support and advanced trauma life support.

III. Resident physicians and nonphysician providers may work in the freestanding emergency department as long as there are procedures in place for prompt consultation and communication with a physician on-site who meets the criteria in paragraph (3)p.2.B.II. of this section.

IV. All registered nurses practicing in the freestanding emergency department shall be licensed as a registered nurse in the State and hold, or attain within 6 months of hire, certifications, or equivalents as approved by the Department, in advanced cardiac life support and pediatric advanced life support.

V. There must be at least 1 physician, who meets the requirements of paragraph (3)p.2.B.II. of this section, and 1 registered nurse, with current certifications, or equivalents as approved by the Department, in advanced cardiac life support and pediatric advanced life support, present in the freestanding emergency department at all times.

VI. Each freestanding emergency department shall provide on-the-premises clinical laboratory services and diagnostic radiology services to meet a patient’s emergency needs, including provision of results, during all hours of operation.

(A) Radiological services must include X ray, computed tomography scan, and ultrasound.

(B) Clinical laboratory services must include collection and processing.

C. Patient transfer agreements, including a plan for transportation, must be in effect with 1 or more general acute care hospitals that provide basic or comprehensive emergency medical services wherein patients requiring more definitive care will be expeditiously transferred to receive prompt hospital care.

D. Each freestanding emergency department shall participate in the Delaware Health Information Network as data senders and end users by January 27, 2017.

E. To receive emergency medical services patients, the freestanding emergency department must comply with the requirements and procedures for medical command facility designation set forth by the Division of Public Health’s Office of Emergency Medical Services.

F. Each freestanding emergency department must maintain malpractice insurance coverage.

G. A freestanding emergency department is exempt from licensure requirements if all of the following are satisfied:

I. The freestanding emergency department is owned and operated by a hospital licensed under Chapter 10 of this title.

II. The freestanding emergency department is a service of such hospital deemed by an accreditation organization as approved by the Centers for Medicare and Medicaid Services.

3. “Freestanding surgical center” means a place other than a hospital or the office of a physician, dentist or podiatrist or professional association thereof, which is maintained and operated for the purpose of providing surgery and surgical diagnosis and treatment by persons licensed to practice medicine and surgery, dentistry or podiatry in the State, and which shall have an attending staff.

q. 1. Establish standards for quality assurance in the operation of prescribed pediatric extended care facilities, and to grant permits for the operation of such facilities to persons, associations or organizations which have been approved in accordance with Chapter 93 of this title and which pay the appropriate permit fee established by the Department. The amount to be charged for the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the Department.

2. Upon receipt of an application for license and the application fee of $100, the Department shall issue a license if the prescribed pediatric extended care center meets the requirement established under this chapter. A license, unless sooner suspended or revoked, shall be renewed annually upon filing by the licensee and payment of an annual licensure fee of $50. A provisional license as authorized by the Department shall be issued when health requirements are not met and a licensure fee of $50 has been submitted. For each home health agency which has been issued a provisional license, there shall be resubmission of the application fee for reinspection prior to the issuance of an annual license.

r. Provide for the sanitary control, specifically addressing drinking water, human waste disposal and control of other vectors of human disease, of mobile/manufactured home parks and other housing of similar usage, which consist of more than 3 dwelling units or lots located on the same or adjacent properties served by a common water and/or sewage disposal system, and which are held out to the public for rent or lease.

s. 1. Establish standards for regulation in the operation of adult day care facilities, and grant licenses for the operation of such facilities to persons, associations or organizations which have been approved in accordance with this title and which pay the appropriate permit fee established below.

2. Upon receipt of an application for a license, and the application fee of $100, the Secretary of the Department of Health and Social Services shall issue a license if the prescribed adult day care facility meets the requirements established under this title. The Secretary shall be authorized to issue restricted, provisional and other types of licenses and to revoke or suspend any license in accordance with department regulations. A license, unless sooner suspended or revoked, shall be renewed annually upon filing by the licensee and payment of an annual licensure fee of $50, provided that an applicant meets requirements as outlined in the regulations.

t. 1. Establish standards for regulation of lead-based paint hazard control activities, including the training and certification of workers engaged in lead-based paint activities, the establishment of work standards for lead-based paint hazard control and the accreditation of lead-based paint hazard training programs.

2. Individuals meeting the minimum qualifications established by regulation who are engaged in lead-based paint activities shall obtain a license issued by the Department of Health and Social Services upon receipt of an application and an annual license fee of $25 for workers; $50 for supervisors, dust-wipe technicians, renovators, project designers, contractors, inspectors and risk assessors. As of the date of enactment of implementing regulations, renovators and dust-wipe technicians meeting federal certification requirements must become licensed by the Department upon expiration of their current certification period.

3. All courses offered in Delaware by training providers for individuals engaged in lead-based paint activities shall be approved by the State Department of Health and Social Services. The training provider shall pay an annual fee of $200 for each type of course for which training will be provided.

4. In general. — Not later than 120 days after the date of enactment of an opt-out provision in Federal regulations in the future, and subject to paragraph (3)t.4.A. of this section, in promulgating any regulation relating to renovation or remodeling activities in target housing in which the owner resides, the State shall include a provision that permits the owner to authorize the renovation or remodeling contractor to forego compliance with that federal regulation.

A. Restriction. —

The Administrator shall only permit an owner of target housing to forgo compliance with a regulation under this paragraph if:

I. No pregnant woman or child under the age of 6 resides in the target housing as of the date on which the renovation or remodeling commences; and

II. The owner submits to the renovation or remodeling contractor written certification that:

(A) The renovation or remodeling project is to be carried out at the target housing of the owner;

(B) No pregnant woman or child under the age of 6 resides in the target housing as of the date on which the renovation or remodeling commences; and

(C) The owner acknowledges that, in carrying out the project, the renovation or remodeling contractor will be exempt from employing the work practices required by a regulation promulgated under this paragraph.

B. Limitation of contractor liability. —

A contractor that receives written certification described in paragraph (3)t.4.A.II. of this section shall be exempt from liability resulting from any misrepresentation of the owner of the target housing.

u. 1. Promulgate and enforce standards to regulate food establishments. For purposes of this paragraph (3)u.1., “food establishment” includes restaurants, caterers, temporary food vendors, grocery stores, food vending machines, ice manufacturers, and cottage industries that prepare or handle food for human consumption whenever it is determined that said food represents a hazard to the public health.

2. To perform these functions, the Division of Public Health shall have the authority to collect reasonable fees necessary to defray costs of functions identified in paragraph (3)u.1. of this section.

3. For each facility required by regulations to hold a permit, the following fee shall be assessed:

4. For each facility required by regulation to have a plan review, the following fee shall be assessed:

5. Churches, schools, fire companies and other nonprofit organizations are exempt from these fees.

6. Notwithstanding any regulation to the contrary, the owner of a food establishment or beer garden may permit leashed dogs in the owner’s beer garden or on the owner’s licensed outdoor patio.

v. Establish standards for public health assurance in the practice of cosmetology and barbering and in the operation of beauty salons, schools of cosmetology, schools of electrology, schools of nail technology and schools of barbering, and for the investigation of complaints involving unsanitary or unsafe practices or conditions in such professions or facilities. For purposes of this chapter, the terms “cosmetology,” “beauty salon,” “school of cosmetology,” “school of electrology,” “school of nail technology” and “school of barbering” shall have the same meanings as provided in § 5101 of Title 24. Nothing contained in this subparagraph shall be construed to authorize the Department to expand or limit the scope of practice afforded to professionals under other provisions of Delaware law.

w. Establish standards for the sanitary operation of tattoo parlors and body piercing establishments. For purposes of this paragraph, “tattoo parlor” means a person or business that makes permanent marks on human skin by puncturing the skin and inserting an indelible color or by producing scarring. For purposes of this paragraph, “body piercing establishment” means a person or business that perforates any human body part or human tissue and places a foreign object in the perforation for nonmedical purposes except for a person or business that perforates only ears. Upon receipt of an application for a permit and a permit fee of $100, the Department of Health and Social Services shall issue a permit to a tattoo parlor or body piercing establishment if it meets the requirements established under Department regulations. The Secretary shall be authorized to issue restricted, provisional and other types of permits and to revoke or suspend any permit in accordance with Department regulations. A permit, unless sooner suspended or revoked, shall be renewed annually upon filing by the permittee and payment of an annual permit fee of $100, provided that an applicant meets the requirements set forth in Department regulations.

x. Establish standards for regulation of the operation of personal assistance services agencies, and grant licenses for the operation of such Agencies to persons, associations or organizations that have been approved in accordance with this title and that pay the appropriate licensure fee.

1. A “personal assistance services agency” is any business entity or subdivision thereof, whether public or private, proprietary or not-for-profit, which refers direct care workers to provide personal assistance services to individuals primarily in their home or private residence.

2. “Personal assistance services” means the provision of services that do not require the judgment and skills of a licensed nurse or other professional. The services are limited to individual assistance with, or supervision of, activities of daily living, homemaker services, companion services, and those other services as set out in § 1921(a)(15) of Title 24.

3. A personal assistance services agency does not include:

A. An agency providing skilled professional health-care services.

B. An agency which provides services as defined in Chapter 94 of this title.

C. An agency which provides staffing exclusively to other agencies (including but not limited to, nursing facilities, home health agencies, and hospitals).

4. Upon receipt of an application for licensure and the nonrefundable application fee of $250, the Department shall issue a license if the personal assistance services agency meets the requirements established under this paragraph. The Department shall be authorized to revoke or suspend any license in accordance with Department regulations. A license is not transferable from person to person or entity to entity.

5. A license, unless sooner suspended or revoked, shall be renewed annually upon filing by the licensee and payment of an annual licensure fee of $100, provided that an applicant meets requirements as outlined in the Department’s regulations.

6. The Department shall not issue a license to any applicant, nor shall it renew any previously issued license, unless, together with the proper licensure fee, application, and evidence of compliance with Department regulations, the personal assistance services agency/applicant has included:

A. Evidence that the personal assistance services agency is complying with the State’s criminal background check policy as set forth in § 1145 of this title.

B. Evidence that the personal assistance services agency is complying with the State’s drug testing policy as set forth in § 1146 of this title.

C. Evidence that the personal assistance services agency discloses to its consumers the personal assistance services agency’s and the direct care worker’s status with respect to attendant tax, workers’ compensation, and liability insurance obligations.

7. The Department may request the Superior Court to impose a civil penalty not to exceed $5,000 for a violation of this subsection or a regulation adopted pursuant to it. In lieu of seeking a civil penalty, the Department, in its discretion, may impose an administrative penalty not to exceed $5,000 for a violation of this subsection or a regulation adopted pursuant to it. Under this subparagraph, each day a violation continues constitutes a separate violation.

8. In determining the amount of any civil or administrative penalty imposed pursuant to paragraph (3)x.7. of this section, the Court or 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 and safety of a consumer or consumers;

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

C. The efforts made by the Personal Assistance Services Agency to correct the violation or violations;

D. The culpability of the person or persons whom committed the violation or violations;

E. Any misrepresentation made to the Department; and

F. Any other matter that affects the health, safety, or welfare of a consumer or consumers.

9. In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Secretary in Superior Court for collection of the administrative penalty, including interest, attorney fees and costs. In a civil action to collect the administrative penalty the validity, amount and appropriateness of such administrative penalty shall not be subject to review.

10. The Department shall have the authority to collect licensure fees and administrative penalties. Any licensure fees or civil or administrative penalties collected by the Department under this subsection are hereby appropriated to the Department to carry out the purposes of this subsection.

11. The Department shall have the power to promulgate rules and regulations necessary to implement the provisions of this subsection.

y. Establish standards with respect to safety and sanitary conditions of any facility defined in paragraph (3)y.3.C. of this section and investigate and inspect any such facility for unsafe or unsanitary conditions upon receipt of a complaint by a patient or facility employee in accordance with this paragraph, or upon the occurrence of any adverse event in connection with any such facility. The Department may share information hereunder with the Department of State, Division of Professional Regulation in accordance with applicable law.

1. The Department may make and enforce such orders as it deems necessary to protect the health and safety of the public hereunder. Without limitation of the foregoing, if the Department determines during the course of any investigation or inspection that any facility hereunder poses a substantial risk to the health or safety of any person, the Department may order that such facility be closed until such time as it no longer poses a substantial risk.

2. No later than March 31, 2012, the Department shall adopt regulations to strengthen the oversight of facilities hereunder.

3. For purposes of this paragraph (3)y.:

A. “Adverse event” means:

I. The death or serious injury of any patient at a facility;

II. A reasonable determination by the Department that death or serious injury may result from any unsafe or unsanitary condition at a facility; or

III. The initiation of any criminal investigation arising out of or relating to any diagnosis, treatment or other medical care at a facility.

B. “Complaint” means a complaint filed by a patient or facility employee in writing, in such format as the Department shall require.

C. “Facility” means a location at which any office-based surgery is performed, but does not include any hospital, as defined in § 1001(3) of this title, or any freestanding birthing center, freestanding surgical center, or freestanding emergency center, as such terms are defined in paragraph (3)p. of this section.

D. “Office-based surgery” means any medical procedure, including dental and podiatric procedures, including any of the following:

I. Surgical abortions.

II. Procedures in which the facility utilizes anesthesia, major conduction anesthesia, or sedation.

III. Procedures in which the spine (i.e. epidural, facet joint) is the target of an injection.

IV. Procedures in which the accepted standard of care requires anesthesia, major conduction anesthesia, or sedation.

E. “Patient” means a person who has received diagnosis, treatment or other medical care at a facility or such person’s spouse, as well as any parent, legal guardian, or legal custodian of such person who is under 18 years of age or any legal guardian or legal custodian of such person who is an adult.

z. Establish standards for a facility accreditation program. — 1. A. To operate in this State, any facility not licensed by the Department where office-based surgery is performed must maintain accreditation by an accrediting organization approved by the Department. For an accrediting organization to be approved it must be entirely independent from the facility and there shall be no conflict of interest. For purposes of this paragraph (3)z., “facility” and “office-based surgery” mean as defined in paragraph (3)y. of this section. All such offices or facilities must register with the Department utilizing a form created for this purpose by the Department.

B .I. An accrediting organization shall report to the Department, at a minimum, all of the following regarding facilities the organization has accredited under this paragraph:

(A) Findings of surveys.

(B) Findings of complaint and incident investigations.

(C) Data for all facilities that perform office-based surgery.

II. Documents provided under this paragraph (3)z.1.B. are not public records under the Freedom of Information Act, Chapter 100 of Title 29.

2. All facilities where office-based surgery is performed shall submit proof of the facility’s accreditation, as required, to the Department. Any newly opened facility where office-based surgery is performed shall submit proof of the facility’s accreditation to the Department within 12 months of the first day of operation of such facility.

3. After each survey of any facility hereunder by an approved accrediting organization, the facility must submit the accrediting organization’s survey report to the Department within 30 days in a form satisfactory to the Department.

4. If the facility fails to maintain current accreditation or if the accreditation is revoked or is otherwise no longer valid, the facility shall immediately cease to operate.

5. The Department shall promulgate regulations pursuant to this paragraph, and shall form a stakeholder group for the purposes of advising the Department on the content of the regulations. The stakeholder group shall be chaired by the Director of Public Health or the Director’s designees, and shall include, but not be limited to, the following: the Director of the Division of Professional Regulations, or the Director’s designee; the Director of Health Facilities Licensing and Certification, or the Director’s designee; 4 representatives from the physician community, to be appointed by the Medical Society of Delaware, whose specialties include, but are not limited to: dermatology, plastic surgery, anesthesia and pain management; a representative from the Delaware Podiatric Medical Association; a representative from the Delaware State Dental Society; a representative from the Delaware chapter of the American College of Obstetricians and Gynecologists; a representative from the Delaware chapter of the American College of Surgeons; and 1 or more members of the public who shall represent the interests of patients.

6. No later than March 31, 2012, the Department shall adopt regulations for the accreditation program herein described.

aa. Establish standards for public health quality assurance in the operation of dialysis centers and regulate the public health practice of such programs, which shall include but not be limited to a standard requirement for all dialysis machines to be connected to an emergency power source so that all dialysis machines will operate for at least 4 hours following a power shutdown or outage. In addition, the emergency power source must be in working condition at all times and the dialysis center must conduct and document at least a monthly test of those emergency power sources. For purposes of this section, a “dialysis center” means an independent or hospital-based unit approved to furnish outpatient dialysis services directly to end stage renal disease (ESRD) patients maintenance dialysis services, or home dialysis training and support services, or both to end stage renal disease patients. To perform these functions, the Department shall have the authority to collect and retain reasonable fees necessary to defray costs of these functions. At all times there must be a facility that meets the requirements of this section in each of the following locations: the City of Wilmington, New Castle County, Kent County, and Sussex County. Dialysis centers operating as of July 1, 2015, are to be compliant with all aspects of this section immediately but may be granted a hardship exemption to immediate compliance but only until at the latest January 1, 2021. Hardship exemptions may be granted for facilities in long term leases, other issues regarding real estate, and any other reason as determined by the Department. Dialysis centers that are newly constructed or relocated after July 1, 2015, must be compliant with all aspects of this section prior to occupancy.

1. The amount charged for each fee imposed under this section shall approximate and reasonably reflect all costs necessary to defray the expenses incurred by the Department. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year, the Department, or any other state agency acting on its behalf, shall compute for each separate service or activity the appropriate fees for the coming year.

2. Upon receipt of an application for licensure and the nonrefundable application fee, the Department shall issue a license if the dialysis center meets the requirements established under this chapter. A license, unless sooner suspended or revoked, shall be renewed annually upon filing by the licensee and payment of an annual licensure fee.

3. A provisional license, as authorized by the Department, shall be issued when health requirements are not met and a licensure fee has been submitted. A dialysis center which has been issued a provisional license shall resubmit the application fee for reinspection prior to the issuance of an annual license.

4. The Department may impose sanctions singly or in combination when it finds a licensee or former licensee has:

A. Violated any of these regulations;

B. Failed to submit a reasonable timetable for correction of deficiencies;

C. Failed to correct deficiencies in accordance with a timetable submitted by the applicant and agreed upon by the Department;

D. Exhibited a pattern of cyclical deficiencies which extends over a period of 2 or more years;

E. Engaged in any conduct or practices detrimental to the welfare of the patients;

F. Exhibited incompetence, negligence or misconduct in operating the dialysis center or in providing services to patients;

G. Mistreated or abused patients cared for by the dialysis center;

H. Violated any statutes relating to medical assistance or Medicare reimbursement for those facilities who participate in those programs; or

I. Refused to allow the Department access to the dialysis center or records for the purpose of conducting inspections/surveys/investigations as deemed necessary by the Department.

5. Disciplinary sanctions include any of the following:

A. Permanent revocation of a license which extends to:

I. The dialysis center;

II. Any owner;

III. Officers/directors, partners, managing members or members of a governing body who have a financial interest of 5% or more in the dialysis center; and

IV. Corporation officers.

B. Suspension of a license;

C. A letter of reprimand;

D. Placement on provisional status with the following requirements:

I. Report regularly to the Department upon the matters which are the basis of the provisional status;

II. Limit practice to those areas prescribed by the Department;

III. Suspend operations;

E. Refusal of a license;

F. Refusal to renew a license; and/or

G. Other disciplinary action as appropriate.

6. The Department may request the Superior Court to impose a civil penalty of not more than $10,000 for a violation of these regulations. Each day a violation continues constitutes a separate violation.

A. In lieu of seeking a civil penalty, the Department, in its discretion, may impose an administrative penalty of not more than $10,000 for a violation of these regulations. Each day a violation continues constitutes a separate violation.

B. In determining the amount of any civil or administrative penalty imposed, the Court or the Department shall consider the following factors:

I. 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 a patient;

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

III. The efforts made by the dialysis center to correct the violation or violations;

IV. Any misrepresentation made to the Department; and

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

7. Imposition of disciplinary action. — Before any disciplinary action is taken the following shall occur:

A. The Department shall give 20 calendar days written notice to the holder of the license, setting forth the reasons for the determination.

B. The disciplinary action shall become final 20 calendar days after the mailing of the notice unless the licensee, within such 20-calendar-day period, shall give written notice of the dialysis center’s desire for a hearing.

C. If the licensee gives such notice, the dialysis center shall be given a hearing before the Secretary of the Department or the Secretary’s designee and may present such evidence as may be proper.

D. The Secretary of the Department or the Secretary’s designee shall make a determination based upon the evidence presented.

E. A written copy of the determination and the reasons upon which it is based shall be sent to the dialysis center.

F. The decision shall become final 20 calendar days after the mailing of the determination letter unless the licensee, within the 20-calendar-day period, appeals the decision to the appropriate court of the State.

8. Order to immediately suspend a license. —

A. In the event the Department identifies activities which the Department determines present an immediate jeopardy or imminent danger to the public health, welfare or safety requiring emergency action, the Department may issue an order temporarily suspending the licensee’s license, pending a final hearing on the complaint. No order temporarily suspending a license shall be issued by the Department, with less than 24 hours prior written or oral notice to the licensee or the licensee’s attorney so that the licensee may be heard in opposition to the proposed suspension. An order of temporary suspension under this section shall remain in effect for a period not longer than 60 calendar days from the date of the issuance of said order, unless the suspended licensee requests a continuance of the date for the final hearing before the Department. If a continuance is requested, the order of temporary suspension shall remain in effect until the Department has rendered a decision after the final hearing.

B. The licensee, whose license has been temporarily suspended, shall be notified forthwith in writing. Notification shall consist of a copy of the deficiency report and the order of temporary suspension pending a hearing and shall be personally served upon the licensee or sent by mail, return receipt requested, to the licensee’s last known address.

C. A licensee whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Department shall schedule the hearing on an expedited basis provided that the Department receives the licensee’s written request for an expedited hearing within 5 calendar days from the date on which the licensee received notification of the Department’s decision to temporarily suspend the licensee’s license.

D. As soon as possible, but in no event later than 60 calendar days after the issuance of the order of temporary suspension, the Department shall convene for a hearing on the reasons for suspension. In the event that a licensee, in a timely manner, requests an expedited hearing, the Department shall convene within 15 calendar days of the receipt by the Department of such a request and shall render a decision within 30 calendar days.

E. In no event shall an order of temporary suspension remain in effect for longer than 60 calendar days unless the suspended licensee requests an extension of the order of temporary suspension pending a final decision of the Department. Upon a final decision of the Department, the order of temporary suspension may be vacated in favor of the disciplinary action ordered by the Department.

9. Application for licensure after revocation or voluntary surrender of a license in avoidance of revocation action. —

A. The application for license after termination of rights to provide services shall follow the procedure for initial licensure application.

B. In addition to the licensure application, the dialysis center must also submit and obtain approval of a detailed plan of correction regarding how the dialysis center intends to correct the deficient practices that led to the original termination action. Submission of evidence supporting compliance with the plan and cooperation with Department monitoring during probationary and provisional licensure status is required for reinstatement to full licensure status.

C. Upon successful completion of the probationary period, the dialysis center will be granted a provisional license for a period no less than 1 year but no greater than 2 years. The provisional period will be identified by the Department after having considered the circumstances that created the original action for license revocation.

D. A license will be granted to the dialysis center after the provisional licensure period if:

I. The dialysis center has remained in substantial compliance with these rules and regulations; and

II. The dialysis center fulfilled the expectations of the detailed plan of correction that was created to address the deficient practices that gave rise to the license termination action.

E. A license will not be granted after the probationary or provisional licensure period to any dialysis center that is not in substantial compliance with these rules and regulations.

bb. Regulate the training and educational qualifications for the certification of animal welfare officers. The Department shall:

1. Develop requirements for certification and curricula preparing a person for certification;

2. Develop criteria and standards for evaluating educational programs preparing a person for training and certification; including in conjunction with the Delaware Department of Agriculture and the Delaware Department of Natural Resources and Environmental Control concerning livestock, poultry, and wildlife for animal welfare officers;

3. Approve such programs that meet the requirements of this chapter and of the Department;

4. Deny or withdraw approval from educational programs for failure to meet approved curricula or other criteria;

5. Certify and renew certification of duly qualified applicants;

6. Keep current a registry of all persons certified as animal welfare officers in the State;

7. Establish requirements for mandatory continuing education and certification renewal; and

8. Impose disciplinary sanctions and conduct hearings upon charges that may result in disciplinary sanctions outlined in this chapter in conformance with the Administrative Procedures Act, Chapter 101 of Title 29, and the Freedom of Information Act [Chapter 100 of Title 29].

When deemed necessary by the Department, such regulations may provide for the issuance of permits to persons engaged in the occupations or businesses so regulated and the revocation for cause of the permits.

(4) Make careful inquiry as to the cause of disease, especially when contagious, infectious, epidemic or endemic, and take prompt action to control or suppress it.

(5) Make careful study of the reports of births and deaths, the sanitary condition and effects of localities, employments, the personal and business habits of the people and the relation of the diseases of animals and humans; make and execute orders necessary to protect the people against diseases of the lower animals; and collect and preserve such information in respect to such matters and kindred subjects as may be useful in the discharge of its duties, and for dissemination among the people.

(6) When requested by public authorities, or when it deems best, advise officers of the state, county or local governments in regard to drainage, and the location, drainage, ventilation and sanitary provisions of any public institution, building or public place.

(7) Promulgation and enforcement of reasonable rules and regulations relating to safety, sanitation and adequate shelter as affecting the welfare and health of railroad trainworkers, engineworkers, yardworkers, maintenance of way employees, highway crossing watches, clerical, platform, freight house and express employees. No rules and regulations shall be issued by the Department under this subdivision unless the Department has held hearings with regard thereto and both the employers and the employees affected have been given a full opportunity to present evidence as to the necessity and reasonableness of the proposed rules and regulations.

(8) Collection of fees to support the Conrad State 30/J-1 Visa Waiver Program. — Pursuant to the Department of Health and Social Services authority under this title to assess fees for services, the Bureau of Health Planning and Resources Management, Delaware Division of Public Health, Department of Health and Social Services, shall charge, collect and retain site application and physician application fees to support the Bureau of Health Planning and Resources Management in administering the Conrad State 30/J-1 Visa Waiver Program.

The Bureau of Health Planning and Resources Management within the Delaware Division of Public Health shall charge a nonrefundable processing fee of $200 to each sponsoring site submitting a site application at the time the application is submitted. A nonrefundable processing fee of $250 shall be charged to each pre-approved site to process the waiver request application for each J-1 physician that the site plans to employ.

(9) No person shall operate any health-care agency or facility without a license from the Department of Health and Social Services if such health-care agency or facility is required to obtain a license under this title. The Department may make and enforce such orders as it deems necessary to protect the health and safety of the public hereunder. Without limitation of the foregoing, if the Department determines that a health-care agency or facility is operating without a required license, the Department may order that such agency or facility be closed.

a. Whoever refuses, fails or neglects to close after notification from the Department regarding the requirement for licensure shall be subject to an administrative penalty of $5,000 per day, together with costs, for every day that they remain open from and after the effective date of notification from the Department.

b. In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Secretary in any court of competent jurisdiction, including any Justice of the Peace Court, for collection of the administrative penalty, including interest, attorneys’ fees and costs, and the validity, amount and appropriateness of such administrative penalty shall not be subject to review.

(10) The powers and duties of the Department are subject to the powers and duties granted other entities in Title 20. Provisions of Title 20 which conflict with provisions of this section shall take precedence over this section.
16 Del. C. § 9308 — Delaware Code / Title 16 / Chapter 93 / Section 9308
§ Â
        9308. Sanctions.
Status: in_force

(a) Any person undertaking an activity subject to review as described in § 9304 of this title, without first being issued a Certificate of Public Review for that activity, shall have its license or other authority to operate denied, revoked or restricted as deemed appropriate by the responsible licensing or authorizing agency of the State and an order in writing to such effect shall be issued by that licensing or authorizing agency.

(b) In addition to subsection (a) of this section, the Board or any adversely affected health care facility may maintain a civil action in the Court of Chancery to restrain or prohibit any person from undertaking an activity subject to review as described in § 9304 of this title without first being issued a Certificate of Public Review.

(c) A person who wilfully undertakes an activity subject to review as described in § 9304 of this title and who has not received a Certificate of Public Review for that activity shall be fined not less than $500 nor more than $2,500 for each offense and each day of a continuing violation after notice of violation shall be considered a separate offense. The Superior Court shall have jurisdiction over criminal violations under this subsection.
16 Del. C. § 9815 — Delaware Code / Title 16 / Chapter 98 / Section 9815
§ Â
        9815. Implementation of REPLICA.
Status: in_force

(a) The Department of Health and Social Services, in collaboration with the Delaware State Fire Commission and the Division of Professional Regulations, shall promulgate regulations for implementation of the REPLICA Compact, Chapter 98A of this title.

(b) The Division of Public Health, the State Fire Commission, and the Division of Professional Regulations shall enter into a memorandum of understanding to identify roles and responsibilities of the partnering agencies under the REPLICA Compact, Chapter 98A of this title.
16 Del. C. § 4784 — Delaware Code / Title 16 / Chapter 47 / Subchapter VI / Section 4784
§ Â
        4784. Forfeitures.
Status: repealed

(a) The following are subject to forfeiture to the State pursuant to the procedure and limitations set forth in this section:

(1) All controlled substances which have been manufactured, distributed, possessed, dispensed or acquired in violation of this chapter;

(2) All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of this chapter;

(3) Any property which is used, or intended for use, as a container for property described in paragraph (a)(1), (2) or (6) of this section;

(4) Except as provided by paragraphs (a)(4)a. through (a)(4)d. of this section, any conveyances, including aircraft, vehicles, or vessels, which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, or possession with intent to deliver property described in paragraph (a)(1) or (2) of this section.

a. A vehicle used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section only if the State proves by a preponderance of the evidence the owner or other person in charge of the vehicle is a consenting party or privy to a violation of this chapter.

b. A vehicle is subject to forfeiture under this section only if the State establishes by a preponderance of the evidence that a violation of this chapter occurred with the owner’s knowledge or consent.

c. A vehicle is not subject to forfeiture for a violation of § 4761, § 4763 or § 4764 of this title.

d. A forfeiture of a vehicle encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the unlawful act or omission. The burden is on the State to prove the secured party’s knowledge of or consent to the unlawful act or omission;

(5) All books, records, and research products and materials including formulas, microfilm, tapes and data which are used or intended for use in violation of this chapter;

(6) All drug paraphernalia as defined in § 4701(18) of this title;

(7) Moneys, negotiable instruments, securities or any other thing of value furnished, or intended to be furnished, in exchange for a controlled substance or drug paraphernalia in violation of this chapter; all profits or proceeds traceable to securities, assets or interest used, or intended to be used, to facilitate any violation of this chapter. However, a property interest of an owner in items listed in this paragraph is not subject to forfeiture by reason of any unlawful act or omission unless the State establishes by a preponderance of the evidence that the act or omission occurred with the owner’s knowledge or consent. Currency in an amount less than $500 may not be forfeited under this section.

a., b. [Repealed.]

c. To the extent that assets, interests, profits and proceeds forfeitable under this paragraph (i) cannot be located, (ii) have been transferred, sold to or deposited with third parties, or (iii) have been placed beyond the jurisdiction of the State, the court, following conviction of the individual charged, may direct forfeiture of such other assets of the defendant as may be available, limited in value to those assets that would otherwise be forfeited under this paragraph. Upon petition of the defendant, the court may authorize redemption of assets forfeited under this paragraph, provided the assets described in this paragraph are surrendered or otherwise remitted by such defendant to the jurisdiction of the court; and

(8) Except as provided by paragraphs (a)(8)a. through (a)(8)d. of this section, any real property which is used, or is intended for use, to store, grow, manufacture, compound, process, deliver, import, or export any controlled substance in violation of this chapter.

a. Real property is subject to forfeiture under this section only if the State proves by a preponderance of the evidence that the unlawful act or omission was committed or omitted with the owner’s knowledge or consent.

b. Real property being leased out by its owner shall be subject to forfeiture under this section only if the State proves by a preponderance of the evidence that the owner of the real property is a consenting party or privy to the violation of this chapter.

c. No real property shall be subject to forfeiture for a violation of § 4759, § 4761, § 4763, or § 4764 of this title.

d. A forfeiture of real property encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the unlawful act or omission.

(b) Notwithstanding any other provisions of the laws of this State or rules of court, the procedures listed in subsections (c) through (l) of this section are applicable to the administrative forfeiture of property subject to forfeiture under this section.

(c) Property subject to forfeiture under this chapter may be seized by the Secretary upon process issued by any Superior Court having jurisdiction over the property. Seizure without process may be made if:

(1) The seizure made is pursuant to subchapter I of Chapter 23 of Title 11 or an inspection under an administrative inspection warrant;

(2) The property subject to seizure has been the subject of a prior judgment in favor of the State in a criminal, injunction or forfeiture proceeding based upon this chapter;

(3) The Secretary has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

(4) The Secretary has probable cause to believe that the property was used or intended to be used in violation of this chapter.

(d) In the event of seizure pursuant to subsection (c) of this section, proceedings under subsections (e) and (j) of this section shall be instituted promptly.

(e) Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the Secretary subject only to the orders and decrees of the Superior Court. When property is seized under this chapter, the Secretary may:

(1) Place the property under seal;

(2) Remove the property to a place designated by the Secretary; or

(3) Require the Department of Safety and Homeland Security to take custody of the property and remove it to an appropriate location for disposition in accordance with law.

(f) When property is forfeited under this chapter, the Secretary may do any of the following:

(1) Retain it for official use.

(2) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds may be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs.

(3) Allow the arresting agency or any other law-enforcement division to use the property for the purpose of law enforcement provided that any proceeds remaining after the payment of expenses and any money forfeited or realized from forfeited property must be deposited to the Special Law Enforcement Assistance Fund for the use of the State for the purposes as established by the Attorney General with the concurrence of the Director of the Office of Management and Budget and the Controller General.

(4) Require the Department of Safety and Homeland Security to take custody of the property and remove it for disposition in accordance with law.

(5) Forward it to the Administration for disposition.

(g) Controlled substances listed in Schedule I that are possessed, transferred, sold or offered for sale in violation of this chapter are contraband and shall be seized and summarily forfeited to the State. Controlled substances listed in Schedule I, the owners of which are unknown, which are seized or come into the possession of the State are contraband and shall be summarily forfeited to the State.

(h) Species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this chapter or of which the owners or cultivators are unknown or which are wild growths may be seized and summarily forfeited to the State.

(i) The failure, upon demand by the Secretary or the Secretary’s authorized agent, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored to produce an appropriate registration or proof that the person is the holder thereof constitutes authority for the seizure and forfeiture of the plants.

(j) Property seized pursuant to this section that is not summarily forfeited pursuant to subsection (g) or (h) of this section shall be forfeited to the State upon application to the Superior Court. The application must include, for each item requested to be forfeited, a statement of the unlawful act or omission to which it is alleged to be connected and, if the item is not currency, the approximate value of the item. If, within 45 days of notification of seizure to all known parties having possessory interest in the seized property by registered or certified mail to the last known post-office address of the parties in interest and by publication in a newspaper of general circulation in this State, no person has instituted proceedings in the Superior Court for return of property, the Court may order the property automatically forfeited if the application is facially sufficient.

(1), (2) [Repealed.]

(k) Other than property subject to summary forfeiture under subsection (g) or (h) of this section, property may not be seized or forfeited pursuant to this chapter unless a criminal offense is charged.

(l) Property ordered by the Court to be returned to its owner must be returned forthwith and the party in possession of the property pending the determination is responsible and personally liable for the property from the time of seizure to the time of return, including any fees associated with towing, storage, or maintenance of the property.
16 Del. C. § 2207 — Delaware Code / Title 16 / Chapter 22 / Section 2207
§ Â
        2207. Standards for public and private treatment facilities.
Status: in_force

(a) In cooperation with the Department of Services for Children, Youth and Their Families, the Office shall establish standards for treatment facilities that must be met for a treatment facility to be licensed as a public or private treatment facility.

(b) In coordination with the Department of Services for Children, Youth and Their Families, the Office periodically shall inspect licensed public and private treatment facilities at least every 2 years.

(c) The Office shall maintain a list of licensed public and private treatment facilities.

(d) Each licensed public and private treatment facility shall file with the Office, on request, data, statistics, schedules and information the Office reasonably requires. A licensed public or private treatment facility that without good cause fails to furnish any data, statistics, schedules or information as requested or files fraudulent returns thereof may be removed from the list of licensed treatment facilities, as its license will be either revoked or suspended.

(e) The Office may at times enter and inspect and examine the records and operations of any licensed public or private treatment facility to determine compliance with this chapter.

(f) No action will be taken under this section by the Office without consultation with the Department for Children, Youth and Their Families regarding the operation of treatment facilities for minors.
16 Del. C. § 4740A — Delaware Code / Title 16 / Chapter 47 / Subchapter III / Section 4740A
§ Â
        4740A. Sale of dextromethorphan.
Status: in_force

(a) Age limit on sale of dextromethorphan. — (1) No commercial entity shall knowingly or wilfully sell or trade a finished drug product containing any quantity of dextromethorphan to a person less than 18 years of age.

(2) No person who is less than 18 years of age shall purchase a finished drug product containing any quantity of dextromethorphan.

(3) Any person making a retail sale of a finished drug product containing any quantity of dextromethorphan shall require and obtain proof of age from the purchaser before completing the sale, unless from the purchaser’s outward appearance the person making the sale would reasonably presume the purchaser to be at least 25 years of age.

(b) Limitations. — (1) Nothing in this section shall be construed to impose any compliance requirement on a retail entity other than manually obtaining and verifying proof of age as a condition of sale, including placement of products in a specific place within a store, restrictions on a consumer’s direct access to finished drug products, and maintenance of transaction records.

(2) This section shall not apply to a medication containing dextromethorphan that is sold pursuant to a valid prescription.

(c) Penalties. — Any manufacturer, distributor, retailer, or wholesaler that sells or trades dextromethorphan in violation of this section shall receive a warning letter from the Office of Controlled Substances for the first violation and thereafter be subject to a civil penalty issued by the Office of Controlled Substances in the amount of:

(1) Not more than $150 for a second violation; or

(2) Not more than $250 for a third or any subsequent violations.
16 Del. C. § 3161 — Delaware Code / Title 16 / Chapter 31 / Subchapter III / Section 3161
§ Â
        3161. Delivery, transportation, and disposal of final remains [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

The final remains resulting from the cremation or natural organic reduction of a body may be delivered by the attendants of the crematory or natural organic reduction facility to any member of the family of the deceased designated to receive them or to the person arranging for the cremation or natural organic reduction. After this delivery, the final remains may be transported in any way in the State and disposed of in such a way as is desired by the person receiving the final remains.
16 Del. C. § 9811 — Delaware Code / Title 16 / Chapter 98 / Section 9811
§ Â
        9811. Violations; disciplinary procedure.
Status: in_force

(a) The Administrator may at any time upon the Administrator’s own motion; and shall, upon verified written complaint of any person, request an investigation be conducted by the Executive Director of the Board of Medical Licensure and Discipline to determine whether or not there are grounds to recommend suspension, revocation or any other penalty upon a person certified under the provisions of this chapter. The Administrator shall recommend to the Board to suspend or revoke any certificate if after a hearing it is found that the holder thereof has:

(1) Obtained such certificate by means of fraud or deceit;

(2) Demonstrated gross negligence, or has proven otherwise to be grossly incompetent; or

(3) Violated or aided or abetted in the violation of any provision of Chapter 17 of Title 24.

(b) If a paramedic’s physical or mental capacity to safely perform the paramedic’s duties and responsibilities is at issue, the County may order such paramedic to submit to a reasonable physical or mental examination. Failure to comply with this order shall render such paramedic liable to suspension or revocation of the paramedic’s certificate.

(c) Nothing in this subsection shall prohibit a member of the public from filing a complaint directly to the Division of Professional Regulation. Upon receipt of a complaint by the Division of Professional Regulation, the Administrator shall be notified in the interest of public safety.
16 Del. C. § 2511 — Delaware Code / Title 16 / Chapter 25 / Section 2511
§ Â
        2511. Optional form.
Status: in_force

The following form may be used to create an advance health-care directive:

ADVANCE HEALTH-CARE DIRECTIVE

HOW YOU CAN USE THIS FORM

You can use this form if you wish to name someone to make health-care decisions for you in case you cannot make decisions for yourself. This is called giving the person a power of attorney for health care. This person is called your Agent.

You can also use this form to state your wishes, preferences, and goals for health care, and to say if you want to be an organ donor after you die.

YOUR NAME AND DATE OF BIRTH

Name:

Date of birth:

PART A: NAMING AN AGENT

This part lets you name someone else to make health-care decisions for you. You may leave any item blank.

____1. NAMING AN AGENT

______I want the following person to make health-care decisions for me if I cannot make decisions for myself:

________Name:

________Optional contact information (it is helpful to include information such as address, phone, and email):

____2. NAMING AN ALTERNATE AGENT

______I want the following person to make health-care decisions for me if I cannot and my Agent is not able or available to make them for me:

________Name:

________Optional contact information (it is helpful to include information such as address, phone, and email):________Name:

____3. LIMITING YOUR AGENT’S AUTHORITY

______I give my Agent the power to make all health-care decisions for me if I cannot make those decisions for myself, except the following:

______(If you do not add a limitation here, your Agent will be able make all health-care decisions that an Agent is permitted to make under State law.)

PART B: HEALTH-CARE INSTRUCTIONS

This part lets you name someone else to make health-care decisions for you. You may leave any item blank. This part lets you state your priorities for health care and to state types of health care you do and do not want.

____1. INSTRUCTIONS ABOUT LIFE-SUSTAINING TREATMENT

______This section gives you the opportunity to say how you want your Agent to act while making decisions for you. You may mark or initial each choice. You also may leave any choice blank.

________Treatment. Medical treatment needed to keep me alive but not needed for comfort or any other purpose should (mark or initial all that apply):

__________(____) Always be given to me. (If you mark or initial this choice, you should not mark or initial other choices in this “treatment” section.)

__________(____) Not be given to me if I have a condition that is not curable and is expected to cause my death soon, even if treated.

__________(____) Not be given to me if I am unconscious and I am not expected to be conscious again.

__________(____) Not be given to me if I have a medical condition from which I am not expected to recover that prevents me from communicating with people I care about, caring for myself, and recognizing family and friends.

__________(____) Other (write what you want or do not want):

________Food and liquids. If I can’t swallow and staying alive requires me to get food or liquids through a tube or other means for the rest of my life, then food or liquids should (mark or initial all that apply):

__________(____) Always be given to me. (If you mark or initial this choice, you should not mark or initial other choices in this “food and liquids” section).

__________(____) Not be given to me if I have a condition that is not curable and is expected to cause me to die soon, even if treated.

__________(____) Not be given to me if I am unconscious and am not expected to be conscious again.

__________(____) Not be given to me if I have a medical condition from which I am not expected to recover that prevents me from communicating with people I care about, caring for myself, and recognizing family and friends.

__________(____) Other (write what you want or do not want):

__________(____) Pain relief. If I am in significant pain, care that will keep me comfortable but is likely to shorten my life should (mark or initial all that apply):

__________(____) Always be given to me. (If you mark or initial this choice, you should not mark or initial other choices in this “pain relief” section.)

__________(____) Never be given to me. (If you mark or initial this choice, you should not mark or initial other choices in this “pain relief” section.)

__________(____) Be given to me if I have a condition that is not curable and is expected to cause me to die soon, even if treated.

__________(____) Be given to me if I am unconscious and am not expected to be conscious again.

__________(____) Be given to me if I have a medical condition from which I am not expected to recover that prevents me from communicating with people I care about, caring for myself, and recognizing family and friends.

__________(____) Other (write what you want or do not want):

____2. MY PRIORITIES

______You can use this section to indicate what is important to you, and what is not important to you. This information can help your Agent make decisions for you if you cannot. It also helps others understand your preferences.

______You may mark or initial each choice. You also may leave any choice blank.

________Staying alive as long as possible even if I have substantial physical limitations is:

__________(____) Very important

__________(____) Somewhat important

__________(____) Not important

________Staying alive as long as possible even if I have substantial mental limitations is:

__________(____) Very important

__________(____) Somewhat important

__________(____) Not important

________Being free from significant pain is:

__________(____) Very important

__________(____) Somewhat important

__________(____) Not important

________Being independent is:

__________(____) Very important

__________(____) Somewhat important

__________(____) Not important

________Having my Agent talk with my family before making decisions about my care is:

__________(____) Very important

__________(____) Somewhat important

__________(____) Not important

________Having my Agent talk with my friends before making decisions about my care is:

__________(____) Very important

__________(____) Somewhat important

__________(____) Not important

____3. OTHER INSTRUCTIONS

______You can write in this section more information about your goals, values, and preferences for treatment, including care you want or do not want. You can also use this section to name anyone who you do not want to make decisions for you under any conditions.

PART C: OPTIONAL SPECIAL POWERS AND GUIDANCE

This part lets you give your Agent additional powers, and to provide more guidance about your wishes. You may mark or initial each choice. You also may leave any choice blank.

____1. OPTIONAL SPECIAL POWERS

______My Agent can do the following things ONLY if I have marked or initialed them below:

________(____) Admit me as a voluntary patient to a facility for mental health treatment for up to _____ days (write in the number of days you want like 7, 14, 30 or another number).

________(If I do not mark or initial this choice, my Agent MAY NOT admit me as a voluntary patient to this type of facility.)

________(____) Place me in a nursing home for more than 100 days even if my needs can be met somewhere else, I am not terminally ill, and I object.

________(If I do not mark or initial this choice, my Agent MAY NOT do this.)

____2. ACCESS TO MY HEALTH INFORMATION

______My Agent may obtain, examine, and share information about my health needs and health care if I am not able to make decisions for myself. If I mark or initial below, my Agent may also do that at any time my Agent thinks it will help me.

________(____) I give my Agent permission to obtain, examine, and share information about my health needs and health care whenever my Agent thinks it will help me.

____3. FLEXIBILITY FOR MY AGENT

______Mark or initial below if you want to give your Agent flexibility in following instructions you provide in this form. If you do not, your Agent must follow the instructions even if your Agent thinks something else would be better for you.

__________(____) I give my Agent permission to be flexible in applying these instructions if my Agent thinks it would be in my best interest based on what my Agent knows about me.

____4. NOMINATION OF GUARDIAN

______You can say who you would want as your guardian if you needed one. A guardian is a person appointed by a court to make decisions for someone who cannot make decisions. Filling this out does NOT mean you want or need a guardian. There is no guarantee that the court will appoint the person you want as guardian.

______If a court appoints a guardian to make personal decisions for me, I want the court to choose:

________(____) My Agent named in this form. If my Agent cannot be a guardian, I want the Alternate Agent named in this form.

________(____) Other (write who you would want and their contact information):

PART D: ORGAN DONATION

This part lets you donate your organs after you die. You may have already indicated a decision on your driver’s license, identification card, or in another registry. You may leave any item blank.

____1. DONATION

______You may mark or initial only one choice. Leave this “donation” section blank if you do not want to include your decision here.

________(____) I donate my organs, tissues, and other body parts after I die, even if it requires maintaining treatments that conflict with other instructions I have put in this form, EXCEPT for those I list below (list any body parts you do NOT want to donate):

________(____) I do not want my organs, tissues, or other body parts donated to anybody for any reason. (If you mark or initial this choice, you should skip the “purpose of donation” section.)

____2. PURPOSE OF DONATION

______You may mark or initial all that apply. (If you do not mark or initial any of the purposes below, your donation can be used for all of them.)

__________Organs, tissues, or other body parts that I donate may be used for:

________(____) Transplant

________(____) Therapy

________(____) Research

________(____) Education

________(____) All of the above

PART E: SIGNATURES

YOUR SIGNATURE

____Sign your name:

____Today’s date:

____City/Town/Village and State (optional):

SIGNATURE OF A WITNESS

____You need a witness if you are using this form to name an Agent. The witness must be an adult and cannot be the person you are naming as Agent or the Agent’s spouse, domestic partner, or someone the Agent lives with as a couple. If you live or are receiving care in a nursing home or long-term care facility, the witness cannot be an employee or contractor of the home or someone who owns or runs the home.

____Name of Witness:

____Signature of Witness:

____(Only sign as a witness if you think the person signing above is doing it voluntarily.)

____Date witness signed:

PART F: INFORMATION FOR AGENTS

1. If this form names you as an Agent, you can make decisions about health care for the person who named you when the person cannot make their own.

2. If you make a decision for the person, follow any instructions the person gave, including any in this form.

3. If you do not know what the person would want, make the decision that you think is in the person’s best interest. To figure out what is in the person’s best interest, consider the person’s values, preferences, and goals if you know them or can learn them. Some of these preferences may be in this form. You should also consider any behavior or communication from the person that indicates what the person currently wants.

4. If this form names you as an Agent, you can also get and share the person’s health information. But unless the person has said so in this form, you can get or share this information only when the person cannot make decisions about the person’s health care.
16 Del. C. § 4905A — Delaware Code / Title 16 / Chapter 49A / Section 4905A
§ Â
        4905A. Discrimination prohibited.
Status: in_force

(a) (1) No school or landlord may refuse to enroll or lease to, or otherwise penalize, a person solely for the person’s status as a registered qualifying patient or a registered designated caregiver, unless failing to do so would cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulations.

(2) For the purposes of medical care, including organ transplants, a registered qualifying patient’s authorized use of marijuana under this chapter is considered the equivalent of the authorized use of any other medication used at the direction of a health-care practitioner and does not constitute the use of an illicit substance or otherwise disqualify a qualifying patient from needed medical care.

(3) Unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or federal regulations, an employer may not discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon either of the following:

a. The person’s status as a cardholder; or

b. A registered qualifying patient’s positive drug test for marijuana components or metabolites, unless the patient used, possessed, or was impaired by marijuana on the premises of the place of employment or during the hours of employment.

(b) A person otherwise entitled to custody of or visitation or parenting time with a minor shall not be denied such a right, and there shall be no presumption of neglect or child endangerment, for conduct allowed under this chapter, unless the person’s actions in relation to marijuana were such that they created an unreasonable danger to the safety of the minor as established by clear and convincing evidence.

(c) No school, landlord, or employer may be penalized or denied any benefit under state law for enrolling, leasing to, or employing a cardholder.
16 Del. C. § 932 — Delaware Code / Title 16 / Chapter 9 / Subchapter III / Section 932
§ Â
        932. Investigation and review of the death or near death of an abused or neglected child.
Status: in_force

(a) The Attorney General, the Department of Services for Children, Youth and Their Families, and any other state or local agency with responsibility for investigating child deaths shall report to the Commission any death or near death of a child who is determined to have been abused or neglected within 14 days of that determination.

(b) The Commission Chair shall appoint a committee to review all investigations under this section and a panel to conduct the investigations under this section. The members of such committee and panel, together with any staff, contractors, or volunteers designated to assist the committee and panel are considered agents of the Commission under § 935 of this title.

(c) Within 6 months of any report to the Commission under subsection (a) of this section, the Commission shall conclude an investigation and review of the facts and circumstances of the death or near death incident through the committee and panel appointed under subsection (b) of this section. For good cause shown to the Commission, the 6-month period for the completion of an investigation and review under this subsection may be extended to 9 months. If the need for an extension under this subsection is attributable to an ongoing criminal prosecution, an initial review must occur, but a final review of the case may be deferred for a period of up to 6 months following the completion of the prosecution. In cases in which the time for the Commission’s complete investigation and review is extended under this subsection, the Commission may issue initial findings or recommendations if it determines that such are necessary under the circumstances.

(d) No person identified by the Attorney General’s office as a potential witness in any criminal prosecution arising from the death or near death of an abused or neglected child shall be questioned, deposed, or interviewed by or for the Commission in connection with its investigation and review of such death or near death until the completion of the prosecution.

(e) Notwithstanding any requirement of § 931(b) of this title to the contrary, the Commission shall, if necessary, make system-wide findings or recommendations arising from an investigation and review conducted under this section.

(1) The Commission shall provide its findings or recommendations, if any, to the Governor, the General Assembly, and the public within 20 days of the approval of the findings or recommendations made under this section.

(2) All summary information, findings, or recommendations released by the Commission under this subsection shall comply with applicable state and federal confidentiality provisions, including those set forth in § 934 of this title and § 9017(e) of Title 29.

(3) Notwithstanding any provision of this subchapter to the contrary, no summary information, finding, or recommendation released by the Commission under this subsection shall specifically identify any individual or nongovernmental agency, organization, or entity.

(4) In addition to the Commission’s release of findings or recommendations, the Commission may release to the public summary information and findings resulting from reviews of child deaths and near deaths due to abuse and neglect. The Commission may release summary information only upon completion of the prosecution and only if such release complies with paragraph (e)(2) of this section. Such release to the public of summary information does not supplant the obligation of the State to comply with any request for public disclosure of information on child deaths and near deaths due to abuse or neglect made under 42 U.S.C. § 5106a(b).

(f) Notwithstanding this section or § 931(b)(7) of this title, the Maternal and Child Death Review Commission may review deaths of abused or neglected children, for good cause shown, as determined by the agreement of the Commission and the Maternal and Child Death Review Commission.

(g) For purposes of this subsection, “completion of the prosecution” means the decision to file no information or seek no indictment, conviction or adjudication, acquittal, dismissal of an information or indictment by a court, the conditional dismissal under a program established by Delaware law or a court, or the nolle prosequi of an information or indictment by the Attorney General.
16 Del. C. § 1008A — Delaware Code / Title 16 / Chapter 10A / Section 1008A
§ Â
        1008A. Advisory Committee.
Status: in_force

(a) The Secretary of the Department shall appoint an Advisory Committee, which shall include:

(1) One infection prevention professional who has responsibility for infection prevention programs for each hospital or healthcare system in Delaware.

(2) Three infection disease physicians with expertise in infection prevention.

(3) One representative of the Delaware Health Care Association.

(4) One representative of the Delaware Healthcare Facilities Association.

(5) One representative of a freestanding surgical center.

(6) One infection preventionist representing Department of Correction healthcare facilities.

(7) One representative of a dialysis center.

(8) One representative of a behavioral health facility.

(9) One representative from the State Division of Public Health.

(10) One infection preventionist representing the State Division of Health Care Quality.

(11) The Division of Public Health Healthcare Associated Infections Specialist responsible for collating and reporting data.

(b) The Secretary shall also appoint 5 members of the Committee including:

(1) One person representing direct care nursing staff.

(2) One person representing academic researchers.

(3) One person representing a consumer organization.

(4) One person representing health insurers.

(5) One person representing population health organizations.

(c) The Advisory Committee shall have the authority to engage personnel with appropriate training and certification in infection prevention and control for the purposes of collecting data.

(d) The Advisory Committee shall assist the Department in the development of all aspects of the Department’s methodology for collection, analyzing and disclosing the information collected under this chapter, including collection methods, formatting and methods and means for release and dissemination.

(e) In developing the methodology for collecting and analyzing the infection rate data, the Department and the Advisory Committee shall adopt the methodologies and system for data collection from the Centers for Disease Control and Prevention’s National Healthcare Safety Network, or its successor. The data collection and analysis methodology shall be disclosed to the public prior to any public disclosure of healthcare associated infection rates.

(f) The Advisory Committee shall assist the Department in the sharing of information and best practices toward the development of activities and policies that:

(1) Enhance coordination between healthcare facilities throughout the continuum of care for the prevention and control of healthcare associated infections;

(2) Promote the prevention and control of healthcare associated infections generally; and

(3) Encourage the creation of benchmarks against which to measure progress in the prevention and control of healthcare associated infections.
16 Del. C. § 9301B — Delaware Code / Title 16 / Chapter 93B / Section 9301B
§ Â
        9301B. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Health-care employer” means a “hospital” as defined under § 1001 of this title or a “freestanding surgical center” as defined by § 122 of this title.

(2) “Smoke evacuation system” means equipment that effectively captures and filters surgical smoke at the site of origin before the smoke makes contact with the eyes or the respiratory tract of occupants in the room.

(3) “Surgical smoke” means the gaseous by-product produced by energy-generating devices including surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, or lung-damaging dust.
16 Del. C. § 197 — Delaware Code / Title 16 / Chapter 1 / Subchapter IX / Section 197
§ Â
        197. Delaware Perinatal Quality Collaborative.
Status: in_force

(a) (1) The Delaware Perinatal Quality Collaborative (“Collaborative”) is established to improve pregnancy outcomes for women and newborns by addressing all of the following:

a. Obstetrical blood loss management.

b. Pregnant women with substance use disorder.

c. Infants born with neonatal abstinence syndrome.

d. Advancing evidence-based clinical practices and processes through quality care review, audit, and continuous quality improvement.

e. Developing, in collaboration with other stakeholders, guidelines for bias and cultural competency training for hospitals and birthing centers to address disparities in health outcomes.

(2) The Collaborative shall function in cooperation with the Delaware Healthy Mother and Infant Consortium.

(b) The Collaborative is comprised of the following members:

(1) The Chair of the Delaware Healthy Mother and Infant Consortium.

(2) The Chair of the Maternal and Child Death Review Commission.

(3) The President of the Delaware Healthcare Association.

(4) The Chair of the Delaware Chapter of the American College of Obstetricians and Gynecologists.

(5) The President of the Board of Directors of the Delaware Chapter of the American Academy of Pediatrics.

(6) The President of the Board of Directors of the Delaware Chapter of the American Academy of Family Physicians.

(7) The Chair of the Delaware Chapter of the Association of Women’s Health, Obstetric and Neonatal Nurses.

(8) One member, appointed by the Governor in consultation with the Chair of the Collaborative, who is a consumer advocate for patient-centered care and is committed to and interested in reducing maternal morbidity and mortality.

(9) A licensed midwife, appointed by the Governor in consultation with the Chair of the Midwifery Advisory Council, who is a nonvoting member.

(10) Seven members, appointed by the Governor to represent both of the following:

a. Hospitals, as defined in § 1001 of this title, that provide childbirth and delivery services.

b. Freestanding birthing centers, as defined in § 122(3)p.1. of this title.

(c) (1) An appointed member serves at the pleasure of the appointing authority.

(2) A member who serves by virtue of position may designate another individual to serve in the member’s place, at the member’s pleasure.

a. A member making a designation under this paragraph (c)(2) must provide the designation in writing to the Chair.

b. A designee of a member who serves by virtue of position has the same duties and rights as the member who serves by virtue of position.

(d) The Governor may consider a member to have resigned if the member is absent for 3 consecutive, regular meetings.

(e) (1) The Collaborative shall annually elect a Chair and a Vice-Chair.

(2) A majority of the voting members of the Collaborative constitutes a quorum. A vacant position is not counted for quorum purposes.

(3) The approval of a majority of the voting members present at a meeting with quorum is required for the Collaborative to take official action.

(4) The Collaborative may adopt rules and by-laws necessary for its operation.

(5) The Collaborative shall meet at the call of the Chair, or as provided by by-laws adopted by the Collaborative, but must meet at least once a year.

(f) (1) Each member of the Collaborative shall comply with the provisions under Chapter 58 of Title 29.

(2) The members of the Collaborative serve without compensation. However, members may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Collaborative, to the extent that funds are available.

(3) The Collaborative’s expenditures must be made under Chapter 69 of Title 29.

(g) The Collaborative shall do all of the following:

(1) Maintain a core set of quality improvement projects based on best practices and interventions that have a measurable impact on health outcomes.

(2) Identify performance metrics to set statewide quality benchmarks.

(3) Support the use of real-time hospital and facility-based data to perform rapid-cycle quality improvement and advocate for real-time data at a state level.

(4) Share successes of quality improvement projects at hospitals and facilities.

(h) The Collaborative may do all of the following:

(1) Develop a responsive, real time, risk-adjusted, statewide perinatal data system.

(2) Access timely, accurate, and standardized information and utilize perinatal data to drive quality improvement initiatives.

(3) Develop a collaborative, confidential data-sharing network, including public and private obstetric and neonatal providers, insurers, and public health professionals, to support a system for peer review, bench marking, and continuous quality improvement activities for perinatal care.

(4) Conduct other activities the Collaborative considers necessary to carry out the intent of the General Assembly as expressed in this section.

(i) The Collaborative is constituted as an independent public instrumentality. For administrative and budgetary purposes only, the Collaborative is placed within the Department of Health and Social Services, Division of Public Health.

(j) (1) The Collaborative is not a public body under Chapter 100 of Title 29.

(2) The meetings of the Collaborative are closed to the public unless otherwise determined by the Chair of the Collaborative, except that the Collaborative shall hold at least 2 public meetings each year to receive comment on the general state of pregnancy outcomes for women and newborns in this State.

(3) The Collaborative shall provide an annual report to the General Assembly containing recommendations for improving pregnancy outcomes for women and newborns in this State.

(4) Any document received or generated by the Collaborative is not a public record under Chapter 100 of Title 29 and is confidential under § 1768(b) of Title 24. Notwithstanding the foregoing, documents received from the public at, agendas for, or minutes of the Collaborative’s public meetings are a “public record” under Chapter 100 of Title 29, unless determined not to be “public record” under § 10002 of Title 29.

(5) The Collaborative is a peer review committee under § 1768(a) of Title 24.

(k) (1) The Collaborative shall create a subcommittee tasked with developing, issuing, and revising appropriate guidelines for cultural competency training programs consistent with best practices for use by hospitals and freestanding birthing centers in employee training and education programs, for maternal healthcare as well as other fields of healthcare.

(2) The subcommittee membership shall consist of the following members who shall be appointed by the Chair of the Collaborative:

a. Four members of the Collaborative. The Chair may appoint more or fewer members as needed to carry out the mission of the subcommittee.

b. Six representatives of major Delaware hospital systems, from a slate of nominees to be provided by the Delaware Healthcare Association. At least 1 hospital system representative shall be a staff nurse.

c. Two members from the Medical Society of Delaware.

d. Three members of the community.

(3) In making appointments to the subcommittee the Chair shall endeavor to include members that represent the diversity of the State in regard to disability, race, sexual orientation, gender identity, socioeconomic status, and experience of bias and discrimination.

(4) The subcommittee shall present initial guidelines by July 1, 2023. Each year thereafter, the subcommittee shall review maternal health outcomes, maternal deaths, and disparities for different demographic groups, and determine if the training guidelines should be revised.

(5) Meetings of the subcommittee are open to the public.

(6) The Department of Health and Social Services shall provide staff support to the subcommittee.
16 Del. C. § 2211A — Delaware Code / Title 16 / Chapter 22A / Section 2211A
§ Â
        2211A. Immunity.
Status: in_force

(a) Except as otherwise provided under subsection (b) of this section, a person who makes a complaint under the chapter in good faith is not liable in a civil or criminal action because of the complaint.

(b) Subsection (a) of this section does not apply to a person engaging in a violation of federal, state, or local law, or regulation.
16 Del. C. § 1405 — Delaware Code / Title 16 / Chapter 14 / Section 1405
§ Â
        1405. Exercise of powers by governing body; composition; quorum; personnel; salaries; records.
Status: in_force

(a) The powers of each authority shall be exercised by a governing body (herein called the “board”) composed as follows:

(1) If the authority is incorporated by 1 municipality, the board shall be composed of the members of the governing body of the municipality creating the authority or shall be composed of 5 citizens of such municipality, as the governing body of such municipality shall determine. If the governing body of the municipality creating the authority determines that the said board shall be composed of the members of said governing body, the terms of office of the members of said board shall coincide with their terms of office as members of the governing body and any member of said governing body shall automatically be a member of said board and shall cease to be a member of said board upon ceasing to be a member of said governing body. If the governing body of the municipality creating an authority shall determine that the board shall consist of 5 citizens, the governing body of such municipality shall appoint the members of the board, whose terms of office shall commence on the date of appointment and 1 of whom shall serve for 1 year, 1 for 2 years, 1 for 3 years, 1 for 4 years and 1 for 5 years from the January 1 next succeeding the date of incorporation, and thereafter the said governing body shall, at a meeting held not later than 1 month prior to January 1 in each year in which a vacancy occurs, appoint as a member of the board a citizen of the municipality for which the authority is created for a term of 5 years to succeed the member whose term expires on the January 1st next succeeding.

(2) If the authority is incorporated by 2 or more municipalities, the board shall consist of a number of members at least equal to the number of municipalities incorporating the authority, but in no event less than 5. When 1 or more additional municipalities join an existing authority, each of such joining municipalities shall have 1 member on the board. The first of such members shall be appointed immediately upon the admission of the municipality into the authority for a full term of years equal to that fixed for the other members of the board. The members of the board shall be appointed, their terms staggered and vacancies filled, and where the number of municipalities joining is less than 5, shall be apportioned in such manner as the articles of incorporation shall provide. No member shall be appointed for a term longer than 5 years.

(b) Members of the board who are not members of the governing body of the municipality or municipalities composing the authority shall hold office until their successors have been appointed, and may succeed themselves, and shall receive such salaries as may be determined by the governing body or bodies of the municipality or municipalities, but none of such salaries shall be increased or diminished by such governing body or bodies during the term for which the member receiving the same shall have been appointed. Members of the board who are members of the governing body of a municipality shall serve as board members without pay. If a vacancy shall occur by reason of the death, disqualification, resignation or removal of an appointed member, the governing body of the municipality shall appoint a successor to fill the member’s unexpired term. In joint authorities such vacancies shall be filled by the governing body of the municipality in the representation of which the vacancy occurs. Whenever any municipality shall withdraw from a joint authority the term of any member or members appointed from such municipality shall immediately terminate.

(c) A majority of the members shall constitute a quorum of the board for the purpose of organizing the authority and conducting the business thereof and for all other purposes, and all action may be taken by vote of a majority of the members present, unless in any case the bylaws shall require a larger number. The board shall have full authority to manage the properties and business of the authority and to prescribe, amend and repeal bylaws, rules and regulations governing the manner in which the business of the authority may be conducted, and the powers granted to it may be exercised and embodied. The board shall fix and determine the number of officers, agents and employees of the authority and their respective powers, duties and compensation and may appoint to such office or offices any members of the board with such powers, duties and compensation as the board may deem proper.

(d) Every such officer appointed shall be adequately bonded.

(e) Each authority shall keep a complete and true record of its receipts, expenses and expenditures and shall employ a certified or licensed public accountant to audit its books and accounts. Each authority shall always keep available and open to public inspection during business hours, at its principal office, a detailed audit and financial statement of its accounts. Each authority shall file annually with the governing body or governing bodies of the municipality or municipalities composing the authority a certified copy of such detailed audit and financial statement. The governing body of the municipality composing an authority, or in the case of an authority composed of 2 or more municipalities the governing body of each such municipality, may at any time in person or by its duly authorized agent or agents audit and examine the books and records of such authority; provided, however, that such audit or examination shall be without cost to said authority.

(f) Notwithstanding anything in Title 8 or anything in the certificate of incorporation of an authority to the contrary notwithstanding, a member of the Board may be removed at any time and without cause by act of the governing body of the municipality responsible for appointing that Board member.
16 Del. C. § 9309 — Delaware Code / Title 16 / Chapter 93 / Section 9309
§ Â
        9309. Surrender, revocation and transfer of Certificate of Public Review.
Status: in_force

(a) A Certificate of Public Review may be surrendered by the holder upon written notification to the Board and such surrender shall become effective immediately upon receipt of the Board.

(b) A Certificate of Public Review may be revoked by the Board in the case of misrepresentation in the Certificate of Public Review application, failure to comply with conditions established by the Board pursuant to § 9303(d)(2) of this title, failure to undertake the activity for which the Certificate of Public Review was granted in a timely manner or loss of license or other authority to operate. Prior to revoking a Certificate of Public Review, the Board shall provide written notice to the holder of the certificate stating its intent to revoke the certificate and providing the holder at least 30 days to voluntarily surrender the certificate or to show good cause why the certificate should not be revoked. No Certificate of Public Review shall be revoked by the Board without first providing the holder of the certificate an opportunity for a hearing. The Board’s decision to revoke a Certificate of Public Review may be appealed pursuant to § 9305(8) of this title.

(c) No Certificate of Public Review issued under this chapter, and no rights or privileges arising therefrom, shall be subject to transfer or assignment, directly or indirectly, except upon order or decision of the Board specifically approving the same, issued pursuant to application supported by a finding from the evidence that the public to be served will not be adversely affected thereby.
16 Del. C. § 6604 — Delaware Code / Title 16 / Chapter 66 / Subchapter I / Section 6604
§ Â
        6604. State Fire Prevention Commission â Powers and duties.
Status: in_force

The State Fire Prevention Commission shall have authority to:

(1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act (Chapter 101 of Title 29) of this State. The State Fire Prevention Commission shall consult and confer with the duly elected officers of the Delaware Volunteer Firefighter’s Association and the Delaware State Fire Chief’s Association in developing and drafting proposed regulations relating to paragraph (15), (16), or (17) of this section prior to publishing the proposed regulations pursuant to § 10115 of Title 29.

a. Such regulations shall be in accordance with standard safe practice as embodied in widely recognized standards of good practice for fire prevention and fire protection and shall have the force and effect of law in the several counties, cities and political subdivisions of the State. Whenever such regulations and amendments require the issuance of permits or licenses, the State Fire Prevention Commission is authorized to issue such permits or licenses according to the provisions and schedules in § 6612 of this title. Such regulations and amendments shall not apply to existing installations, plants or equipment unless the State Fire Prevention Commission has duly found that the continuation thereof constitutes a hazard so inimicable to the public welfare and safety as to require correction; nor shall such regulations and amendments limit or prohibit the shipment, transportation, handling or storage incident to transportation of any explosive, combustible or other dangerous article in solid, liquid or gas form by rail, water or highway, when such articles are in conformity with regulations of the Interstate Commerce Commission; nor shall such regulations, insofar as they purport to prohibit the sale, purchase or domestic use of gasoline, kerosene or other fuel burning home appliances for heating or cooking apply to any person whose personal faith or belief prevents the use of any alternative heating or cooking appliance recommended by the State Fire Prevention Commission, the burden of proof is upon the person claiming relief from such regulation. In their interpretation and application the regulations promulgated under this chapter shall be held to be the minimum requirements for the safeguarding of life and property from the hazards of fire and explosion. Whenever the provisions of any other statute or local regulation are more stringent or impose higher standards than are required by any regulations promulgated under this chapter, such statute or local regulation shall govern, provided they are not inconsistent with the state Code and are not contrary to recognized standards and good engineering practices.

b. Promulgate regulations consistent with the following language: The State Fire Marshal shall require that all persons involved in the inspection and testing of water-based fire protection systems maintain current certification in the National Institute for Certification in Engineering Technologies (NICET II) “Inspection and Testing of Water-based Systems” certification program or a substantially similar and equivalent course of instruction, as determined by the State Fire Marshal, as a condition of permit renewal after July 1, 2010.

c. Promulgate regulations consistent with the following language: The State Fire Marshal shall require that persons involved in the inspection and testing of water-based fire protection systems shall complete 16 contact hours of continuing education or similar course of instruction during each biennial period of renewal. Any and all continuing education requirements completed pursuant to paragraph (1)b. of this section may be used to meet the continuing education requirements as called for under this section.

(2) Create a State Fire Prevention Commission Executive Director. The position will be exempt and will be effective October 10, 2021. The Executive Director shall provide the Commission all of the following:

a. Reports and data necessary to enable the Commission to perform its duties under this title.

b. Coordination and implementation of all requirements for Commission meetings, including posting meeting notices and minutes.

c. Necessary reports and data in conjunction with the Commission’s responsibilities.

d. Support to Commission members in necessary training and preparation to fulfill their roles and responsibilities.

e. Service as the Commission’s point of contact.

f. Production and posting of minutes for each Commission meeting.

g. Oversight of the day-to-day operations of the agency.

h. Management of the support staff of the agency.

(3) Appoint a person qualified by that person’s previous training and experience in endeavors similar to those herein prescribed as State Fire Marshal.

(4) Appoint a person qualified by that person’s previous training and experience in endeavors similar to those described herein as the State Fire School Director.

(5) Conduct hearings and issue orders in accordance with procedures established pursuant to this chapter and Chapter 101 of Title 29. Where such provisions conflict with this chapter, this chapter shall govern.

(6) Issue subpoenas for named respondents, witnesses, documents, physical evidence or any other source of evidence needed during the investigation of a complaint made under this chapter and/or for a public hearing on the complaint or for an appeal to the State Fire Prevention Commission from an order or decision of the State Fire Marshal. If the party or person subpoenaed fails to comply, the State Fire Prevention Commission may compel compliance with said subpoena by filing a motion to compel in the Superior Court which shall have jurisdiction. The Superior Court may order costs, attorney’s fees and/or a civil fine not to exceed $1,000 if the motion to compel is granted.

(7) Acquire any real or personal property by purchase, gift or donation and have water rights.

(8) Make contracts and execute instruments necessary or convenient.

(9) Undertake by contract or contracts, or by its own agent and employees, and otherwise than by contract, any project or projects, and operate and maintain such projects.

(10) Accept grants of money or materials or property of any kind from a federal agency, private agency, county, city, town, corporation, partnership or individual upon such terms and conditions as the grantor may impose.

(11) Impose any civil penalty or fine authorized under this chapter.

(12) Impose reasonable fees for all certifications issued by the Commission under this chapter or Chapter 67 of this title. All fees issued under this section must be based on actual costs, unless otherwise specifically authorized by other provisions of this title.

(13) Impose substance abuse evaluation and treatment by third-party vendors in lieu of imposing discipline upon respondents within the jurisdiction of the Commission.

(14) Administer the volunteer firefighter tuition reimbursement program pursuant to § 3467 of Title 14.

(15) Hear and resolve complaints and grievances concerning issues between fire companies.

(16) Hear and resolve complaints and grievances concerning claims of official misconduct by firefighters and fire companies.

(17) Investigate injuries to firefighters incurred in the line of duty, to issue subpoenas in furtherance of such investigations, and to issue reports of its findings and conclusions with respect to such investigations.

(18) If an individual obtains a background check under § 6647(b) of this title, the State Bureau of Identification shall provide all of the following to the Commission:

a. Any subsequent state criminal history record information of the individual.

b. Any subsequent criminal history record information of the individual available through the “Rap Back System” as defined under § 8502 of Title 11, if the Rap Back System is available.

(19) Perform all acts and do all things necessary or convenient to carry out the power granted herein.
16 Del. C. § 5018 — Delaware Code / Title 16 / Chapter 50 / Section 5018
§ Â
        5018. Discharge of patients from hospitals.
Status: in_force

(a) Hospitals shall examine every involuntary patient and voluntary patient present in its facility as frequently as practicable, but not less often than every 3 months. If pursuant to such examination a person’s treating psychiatrist determines that a person no longer satisfies the criteria for involuntary hospitalization pursuant to the emergency detention, provisional admission or involuntary court commitment sections of this chapter, or as established for voluntary treatment under § 5003(a) of this title, the patient shall be discharged. A person involuntarily hospitalized pursuant to the emergency detention, provisional admission or involuntary court commitment sections of this chapter may be discharged pursuant to this subsection without further order of the court.

(b) The certificate of discharge shall state the basis for the discharge. Prior to discharge, the hospital shall prepare a written continuing care plan developed in consultation with interdisciplinary staff, identified post-discharge community mental health providers and the patient, and, if the patient is a minor, with the patient’s parent or legal guardian. At a minimum, community-based services staff shall be consulted prior to the discharge of patients in hospitals. The continuing care plan shall be consistent with the discharge planning requirements set out in § 5161 of this title, the Mental Health Patients’ Bill of Rights. The continuing care plan shall include: a realistic assessment of the patient’s post-discharge social, financial, vocational, housing and treatment needs; identification of available support services and provider linkages necessary to meet the assessed needs; and identification and a timetable of discrete, predischarge activities necessary to promote the patient’s successful transition to the community-based services system or to another appropriate post-discharge setting.
16 Del. C. § 1607 — Delaware Code / Title 16 / Chapter 16 / Section 1607
§ Â
        1607. Receptacles to be provided.
Status: in_force

(a) A public authority or agency having supervision of a property of this State shall do all of the following:

(1) Establish and maintain receptacles for the deposit of litter at appropriate locations if a property is frequented by the public.

(2) Post signs directing the public to the receptacles and serving notice of this chapter.

(3) Otherwise publicize the availability of litter receptacles and the requirements of this chapter.

(b) A public authority or agency may designate a park or recreation area as a carry-in and carry-out facility by posting or otherwise providing a notice to visitors, in which case the public authority or agency is not required to provide receptacles under subsection (a) of this section.
16 Del. C. § 5201 — Delaware Code / Title 16 / Chapter 52 / Section 5201
§ Â
        5201. Interstate Compact; enactment.
Status: in_force

The Interstate Compact on the Mentally Disordered Offender, hereinafter called “the compact,” is enacted into law and entered into with all other jurisdictions legally joining therein, in the form substantially as follows:

ARTICLE I Purpose and Policy

(a) The party states, desiring by common action to improve their programs for the care and treatment of mentally disordered offenders, declare that it is the policy of each of the party states to:

1. Strengthen their own programs and laws for the care and treatment of the mentally disordered offender.

2. Encourage and provide for such care and treatment in the most appropriate locations, giving due recognition to the need to achieve adequacy of diagnosis, care, treatment, after-care and auxiliary services and facilities and, to every extent practicable, to do so in geographic locations convenient for providing a therapeutic environment.

3. Authorize cooperation among the party states in providing services and facilities when it is found that cooperative programs can be more effective and efficient than programs separately pursued.

4. Place each mentally disordered offender in a legal status which will facilitate each such mentally disordered offender’s care, treatment and rehabilitation.

5. Authorize research and training of personnel on a cooperative basis, in order to improve the quality or quantity of personnel available for the proper staffing of programs, services and facilities for mentally disordered offenders.

6. Care for and treat mentally disordered offenders under conditions which will improve the public safety.

(b) Within the policies set forth in this Article, it is the purpose of this compact to:

1. Authorize negotiation, entry into and operations under contractual arrangements among any 2 or more of the party states for the establishment and maintenance of cooperative programs in any 1 or more of the fields for which specific provision is made in the several articles of this compact.

2. Set the limits within which such contracts may operate, so as to assure protection of the civil rights of mentally disordered offenders, and protection of the rights and obligations of the public and of the party states.

3. Facilitate the proper disposition of criminal charges pending against mentally disordered offenders, so that programs for their care, treatment and rehabilitation may be carried on efficiently.

ARTICLE II Definitions

As used in this compact:

(1) “Mentally disordered offender” means a person who has been determined, by adjudication or other method legally sufficient for the purpose in the party state where the determination is made, to be mentally ill and: A. is under sentence for the commission of crime; or B. who is confined or committed on account of the commission of an offense for which, in the absence of mental illness, such person would be subject to incarceration in a penal or correctional facility.

(2) “Patient” means a mentally disordered offender who is cared for, treated or transferred pursuant to this compact.

(3) “Sending state” means a state, party to this compact, in which the mentally disordered offender was convicted or the state in which such offender would be subject to trial and conviction of any offense, except for such offender’s mental condition, or, within the meaning of Article V of this compact, the state whose authorities have filed a petition in connection with an untried indictment, information or complaint.

(4) “Receiving state” means a state, party to this compact, to which a mentally disordered offender is sent for care, aftercare, treatment or rehabilitation, or within the meaning of Article V of this compact, the state in which a petition in connection with an untried indictment, information or complaint has been filed.

ARTICLE III Contracts

(a) Each party state may make 1 or more contracts with any 1 or more of the other party states for the care and treatment of mentally disordered offenders, on behalf of a sending state, in facilities situated in receiving states, or for the participation of such mentally disordered offenders in programs of aftercare on conditional release administered by the receiving state. Any such contract shall provide for:

1. Its duration.

2. Payments to be made to the receiving state by the sending state for patient care, treatment and extraordinary services, if any.

3. Determination of responsibility for ordering or permitting the furnishing of extraordinary services, if any.

4. Participation in compensated activities, if any, available to patients, the disposition or crediting of any payment received by patients on account thereof, and the crediting of proceeds from or disposal of any products resulting therefrom.

5. Delivery and retaking of mentally disordered offenders.

6. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(b) Prior to the construction or completion of construction of any facility for mentally disordered offenders or addition to such facility by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the facility or addition thereto, or for the inclusion therein of particular equipment or structures and for the reservation of a specific percentum of the capacity of the facility to be kept available for use by patients of the sending state or states so contracting. Any sending state so contracting may, to the extent that moneys are legally available therefor, pay to the receiving state a reasonable sum as consideration for such enlargement of capacity or provision of equipment or structures and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract.

(c) A party state may contract with any one or more other party states for the training of professional or other personnel whose services, by reason of such training, would become available for, or be improved in respect of ability to participate in, the care and treatment of mentally disordered offenders. Such contracts may provide for such training to take place at any facility being operated, or to be operated, for the care and treatment of mentally disordered offenders; at any institution or facility having resources suitable for the offering of such training; or may provide for the separate establishment of training facilities, provided that no such separate establishment shall be undertaken unless it is determined that an appropriate existing facility or institution cannot be found at which to conduct the contemplated program. Any contract entered into pursuant to this paragraph shall provide for:

1. The administration, financing and precise nature of the program.

2. The status and employment or other rights of the trainees.

3. All other necessary matters.

(d) No contract entered into pursuant to this compact shall be inconsistent with any provision thereof.

ARTICLE IV Procedures and Rights

(a) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, and which has entered into a contract pursuant to Article III of this compact, shall decide that custody, care and treatment in, or transfer of a patient to, a facility within the territory of another party state, or conditional release for aftercare in another party state, is necessary in order to provide adequate care and treatment or is desirable in order to provide an appropriate program of therapy or other treatment, or is desirable for clinical reasons, those officials may direct that the custody, care and treatment be within a facility or in a program of aftercare within the territory of such other party state, the receiving state to act in that regard solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any facility in which it has a contractual right to secure care or treatment of patients for the purpose of inspection and visiting such of its patients as may be in the facility or served by it.

(c) Except as otherwise provided in Article VI of this compact, patients in a facility pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed for transfer to a facility within the sending state, for transfer to another facility in which the sending state may have a contractual or other right to secure care and treatment of patients, for release on aftercare or other conditional status, for discharge or for any other purpose permitted by the laws of the sending state, provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III of this compact.

(d) Each receiving state shall provide regular reports to each sending state on the patients of that sending state in facilities pursuant to this compact, including a psychiatric and behavioral record of each patient, and shall certify that record to the official designated by the sending state in order that each patient may have the benefit of such patient’s record in determining and altering the disposition of such patient, in accordance with the law which may obtain in the sending state, and in order that the same may be a source of information for the sending state.

(e) All patients who may be in a facility, or receiving aftercare from a facility, pursuant to the provisions of this compact shall be treated in a reasonable and humane manner; and shall be cared for, treated and supervised in accordance with the standards pertaining to the program administered at the facility.

The fact of presence in a receiving state shall not deprive any patient of any legal rights which that patient would have had, if in custody or receiving care, treatment or supervision as appropriate, in the sending state.

(f) Any hearing or hearings to which a patient present in a receiving state pursuant to this compact may be entitled by the laws of the sending state shall be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. That record, together with any recommendations of the hearing officials, shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this paragraph, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this paragraph shall be borne by the sending state.

(g) Any patient confined pursuant to this compact shall be released within the territory of the sending state unless the patient, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(h) Any patient pursuant to the terms of this compact shall be subject to civil process and shall have any and all rights to sue, be sued and participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or the patient’s own status changed on account of any action or proceeding in which the patient could have participated if in any appropriate facility of the sending state or being supervised therefrom, as the case may be, located within such state.

(i) The parent, guardian, trustee or other person or persons entitled under the laws of the sending state to act for, advise or otherwise function with respect to any patient shall not be deprived of, or restricted in the exercise of, any power in respect to any patient pursuant to the terms of this compact.

ARTICLE V Disposition of Charges

(a) Whenever the authorities responsible for the care and treatment of a mentally disordered offender, whether convicted or adjudicated in the state or subject to care, aftercare, treatment or rehabilitation pursuant to a contract, are of the opinion that charges based on untried indictments, informations or complaints in another party state present obstacles to the proper care and treatment of a mentally disordered offender or to the planning or execution of a suitable program for such offender, such authorities may petition the appropriate court in the state where the untried indictment, information or complaint is pending for prompt disposition thereof. If the mentally disordered offender is a patient in a receiving state, the appropriate authorities of the sending state, upon recommendation of the appropriate authorities in the receiving state, shall, if they concur in the recommendation, file the petition contemplated by this paragraph.

(b) The court shall hold a hearing on the petition within 30 days of the filing thereof. Such hearing shall be only to determine whether the proper safeguarding and advancement of the public interest; the condition of the mentally disordered offender; and the prospects for more satisfactory care, treatment and the rehabilitation of that mentally disordered offender warrant disposition of the untried indictment, information or complaint prior to termination of the defendant’s status as a mentally disordered offender in the sending state. The prosecuting officer of the jurisdiction from which the untried indictment, information or complaint is pending, the petitioning authorities and such other persons as the court may determine shall be entitled to be heard.

(c) Upon any hearing pursuant to this Article, the court may order such adjournments or continuances as may be necessary for the examination or observation of the mentally disordered offender, or for the securing of necessary evidence. In granting or denying any such adjournment or continuance, the court shall give primary consideration to the purposes of this compact and more particularly to the need for expeditious determination of the legal and mental status of a mentally disordered offender so that such offender’s care, treatment and discharge to the community only under conditions which will be consonant with the public safety may be implemented.

(d) The presence of a mentally disordered offender within a state wherein a petition is pending or being heard pursuant to this Article or such offender’s presence within any other state through which such offender is being transported in connection with such petition or hearing shall be only for the purposes of this compact and no court, agency or person shall have or obtain jurisdiction over such mentally disordered offender for any other purpose by reason of such offender’s presence pursuant to this Article. The mentally disordered offender shall at all times remain in the custody of the sending state. Any acts of officers, employees or agencies of the receiving state in providing or facilitating detention, housing or transportation for the mentally disordered offender shall be only as agents for the sending state.

(e) Promptly upon conclusion of the hearing, the court shall dismiss the untried indictment, information or complaint, if it finds that the purposes enumerated in paragraph (b) of this Article would be served thereby. Otherwise, the court shall make such order with respect to the petition and the untried indictment, information or complaint as may be appropriate in the circumstances and consistent with the status of the defendant as a mentally disordered offender in the custody of and subject to the jurisdiction of the sending state.

(f) No fact or other matter established or adjudicated at any hearing pursuant to this Article, or in connection therewith, shall be deemed established or adjudicated, nor shall it be admissible in evidence in any subsequent prosecution of the untried indictment, information or complaint concerned in a petition filed pursuant to this Article unless:

1. The defendant or the defendant’s duly empowered legal representative requested or expressly acquiesced in the making of the petition and was afforded an opportunity to participate in person in the hearing; or

2. The defendant personally offers or consents to the introduction of the determination or adjudication at such subsequent proceedings.

ARTICLE VI Act Not Reviewable in Receiving State; Return

(a) Any decision of the sending state in respect to any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon, and not reviewable within, the receiving state, but if at the time the sending state seeks to remove a patient from the receiving state there is pending against the patient within such state any criminal charge, or if the patient is suspected of having committed within such state a criminal offense, the patient shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport patients pursuant to this compact through any and all states party to this compact without interference.

(b) A patient who escapes while receiving care and treatment, or who violates provisions of aftercare by leaving the jurisdiction, or while being detained or transported pursuant to this compact shall be deemed an escapee from the sending state and from the state in which the facility is situated or the aftercare was being provided. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for return shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

ARTICLE VII Federal Aid

Any state party to this compact may accept federal aid for use in connection with any facility or program the use of which is or may be affected by this compact or any contract pursuant thereto and any patient in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that, if such program or activity is not part of the customary regimen of the facility or program, the express consent of the appropriate official of the sending state shall be required therefor.

ARTICLE VIII Entry Into Force

This compact shall enter into force, and become effective and binding upon the states so acting, when it has been enacted into law by any 2 states from among the States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin. Thereafter, this compact shall enter into force and become effective and binding as to any other such states or any other state upon similar action by such state.

ARTICLE IX Withdrawal and Termination

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing it and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until 2 years after the notices provided in such statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed under this compact prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such patients as it may have in other party states pursuant to the provisions of this compact.

ARTICLE X Other Arrangements Unaffected

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the custody, care, treatment, rehabilitation or aftercare of patients nor to repeal any other laws of a party state authorizing the making of cooperative arrangements.

ARTICLE XI Construction and Severability

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
16 Del. C. § 1127 — Delaware Code / Title 16 / Chapter 11 / Subchapter II / Section 1127
§ Â
        1127. Resident transfer or discharge.
Status: in_force

(a) The facility must permit each resident to remain in the facility and not transfer or discharge the resident from the long-term care facility unless at least 1 of the following criteria has been met:

(1) The transfer or discharge is both necessary for the resident’s welfare and the resident’s needs cannot be met in the facility with reasonable accommodations when assessed with due regard to the scope of the facility’s license.

(2) The discharge is appropriate because the resident’s health has improved sufficiently so the resident no longer needs the services provided by the facility.

(3) The transfer or discharge is appropriate because the safety of individuals in the facility is endangered by the clinical or behavioral status of the resident.

(4) The transfer or discharge is appropriate because the health of other individuals in the facility would otherwise be endangered.

(5) The resident has failed, after reasonable and appropriate notice, to pay for, or to have paid by Medicare, Medicaid, or third party, a stay at the facility leading to discharge provided that:

a. A resident who becomes eligible for Medicaid after admission to a facility may only be charged allowable charges under Medicaid.

b. A resident who has submitted the necessary paperwork for third-party payment may not be discharged if a final decision on the claim has not been issued.

(6) The facility ceases to operate.

(b) Documentation. —

Transfers or discharges under this section must be documented in the resident’s clinical record and must include all of the following:

(1) The basis for the transfer or discharge under subsection (a) of this section.

(2) In the case of a transfer or discharge under paragraph (a)(1) of this section, all of the following:

a. The specific needs that cannot be met in the facility.

b. The attempts made to meet those needs.

c. The services available at the receiving facility to meet those needs.

(3) The certification of the resident’s personal attending physician that transfer or discharge is necessary under paragraph (a)(1) or (a)(2) of this section.

(4) A physician certification that transfer or discharge is necessary under paragraph (a)(3) or (a)(4) of this section.

(c) Before a long-term care facility transfers or discharges a resident, the facility must issue a written notice of the transfer or discharge to the resident or resident’s authorized representative under § 1122 of this title and, if known, a family member or legal representative of the resident, whose content conforms to subsection (b) of this section.

(d) Timing of the notice of transfer or discharge. —

(1) Except as permitted under paragraph (d)(3) of this section, a notice of discharge must be issued by the long-term facility at least 30 days before the resident is transferred or discharged.

(2) A long-term care facility may not discharge a resident during the pendency of administrative proceedings implementing a resident’s appeal of a discharge.

(3) Notice must be issued as soon as practicable before transfer or discharge when 1 of the following standards is met:

a. An immediate transfer or discharge is required by the resident’s urgent medical needs supported by the certification required under subsection (b) of this section.

b. There is a significant and immediate threat to the health or safety of other individuals in the long-term care facility as documented under paragraph (b)(3) or (b)(4) of this section.

c. The resident was admitted solely on a respite basis not to exceed 14 days or as an emergency placement by the Department not to exceed 21 days.

(e) The written notice described in paragraph (d)(3) of this section must include all of the following in language comprehensible to the ordinary layperson subject to revision to meet known special language considerations of the recipient:

(1) A detailed individualized explanation of each reason for the transfer or discharge.

(2) The effective date of transfer or discharge.

(3) The location to which the resident is transferred or discharged.

(4) The time frame and procedure to appeal the action to the State.

(5) The name, address, and telephone number of the State Long-Term Care Ombudsperson and Division.

(6) The name, address, and telephone number of the protection and advocacy agency for facility residents with developmental disabilities or mental illness.

(f) In administrative and judicial proceedings implementing a resident’s appeal of a transfer or discharge, resident rights and protections conferred by applicable federal law must be considered.

(g) For any transfer or discharge authorized by subsection (a) of this section, the long-term care facility shall develop a plan with the participation of the resident and resident’s authorized representative under § 1122 of this title, if any, to assist with orientation and the safe and orderly transfer or discharge from the facility.

(h) (1) If a resident is transferred out of a long-term care facility to an acute care facility or other specialized treatment facility all of the following apply:

a. The long-term care facility must accept the resident back when the resident no longer needs acute or specialized care and there is space available in the facility.

b. If no space is available, the resident must be accepted into the next available bed.

(2) For purposes of this subsection, “specialized treatment facility” means a health-care setting including, settings licensed or certified pursuant under this chapter or Chapter 22, 50, or 51 of this title.
16 Del. C. § 1012A — Delaware Code / Title 16 / Chapter 10A / Section 1012A
§ Â
        1012A. Hospital Infection Specialist.
Status: in_force

The Department shall establish and fund a Healthcare Associated Infection Specialist position within the Division of Public Health supporting the functions of this chapter. The Healthcare Associated Infection Specialist must have knowledge of the NHSN system and skills to appropriately analyze healthcare acquired infection data.
16 Del. C. § 9601A — Delaware Code / Title 16 / Chapter 96A / Section 9601A
§ Â
        9601A. Purpose.
Status: in_force

The purpose of this chapter is to encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life. This chapter enables the State to implement the federal Stephen J. Beck, Jr., Achieving a Better Life Experience Act of 2014, Pub. L. No. 113-295, 128 Stat. 4056 et seq. [26 U.S.C. § 529A].
16 Del. C. § 2604 — Delaware Code / Title 16 / Chapter 26 / Section 2604
§ Â
        2604. Reimbursement by third-party payers.
Status: in_force

Blood lead testing, screening, screening-related services, and diagnostic evaluations as required by § 2602 of this title are reimbursable under health insurance contracts and group and blanket health insurance under §§ 3337 and 3554 of Title 18, respectively.
16 Del. C. § 3203 — Delaware Code / Title 16 / Chapter 32 / Section 3203
§ Â
        3203. 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) “Benign tumor” means any nonmalignant neoplasm, regardless of the tissue of origin, that appears on the American College of Surgeons most recently published annual list of reportable cancers and benign tumors.

(2) “Cancer” means any malignant neoplasm, regardless of the tissue of origin, that appears on the American College of Surgeons most recently published annual list of reportable cancers and benign tumors.

(3) “Department” means the State of Delaware Department of Health and Social Services.
16 Del. C. § 201 — Delaware Code / Title 16 / Chapter 2 / Subchapter I / Section 201
§ Â
        201. Purpose.
Status: in_force

The intent of the General Assembly is to require the establishment and maintenance of a congenital disabilities surveillance system and registry for the State.

(1) Surveillance system and registry. — Responsibility for establishing and maintaining the system and registry is delegated to the Department of Health and Social Services, along with the authority to exercise certain powers to implement the system and registry. To ensure an accurate and continuing source of data concerning congenital disabilities, the General Assembly by this subchapter requires certain health care practitioners and all hospitals and clinical laboratories to make available to the Department of Health and Social Services information contained in the medical records of patients who have a suspected or confirmed congenital disability diagnosis. All confirmed congenital disabilities shall be classified and coded using the medically recognized system of International Classification of Diseases, Ninth Revision, Clinical Modification (ICD-9-CM), as well as the 6-digit modified British Pediatric Association system (BPA/ICD-9), and all subsequent revisions to these publications which are used by the Centers for Disease Control and Prevention. It is intended that the product of these efforts will be a central data bank of accurate, precise and current information regarding all congenital disabilities diagnosed or treated, or both, in this State.

(2) This subchapter in no way affects the rights, liabilities, or duties of the Secretary of the Department of Health and Social Services or of persons or guardians of persons requesting services under this subchapter from the operation of laws or prior existing laws and, in particular, § 7940 of Title 29.
16 Del. C. § 806A — Delaware Code / Title 16 / Chapter 8A / Section 806A
§ Â
        806A. Provision of early intervention services and follow-up care.
Status: in_force

The lead agency or its designee shall ensure that hearing loss is diagnosed by 3 months of age, or earlier, and infants with confirmed hearing loss receive comprehensive early intervention services by 6 months of age, or earlier.

(1) The lead agency shall refer all children with any degree of diagnosed hearing loss, whether a measurable delay is present, to determine if they are eligible under Part C of the Individuals with Disabilities Education Act (IDEA) [20 U.S.C. § 1431 et seq.] by virtue of their diagnosis.

(2) Professionals involved in the care and treatment of the newborns, infants, and children must document all early intervention, follow-up, and treatment services, including but not limited to further diagnoses, recommendations, observations, test results, and referrals, in order to reduce the number of newborns, infants, and children lost to follow-up.

(3) Early intervention services shall be provided by individuals with the knowledge, skills, and experience to address the ongoing assessment, implementation, and evaluation of services that support families and promote child development.

(4) Family-centered services may be provided in a variety of different settings, including the home, school, community centers, daycare center, hospital or clinic, depending on the needs of the child, family, and availability of resources in the community.

(5) Lack of resources may not be the basis for denial of services.
16 Del. C. § 2511A — Delaware Code / Title 16 / Chapter 25A / Section 2511A
§ Â
        2511A. Modification or revocation of DMOST forms.
Status: in_force

(a) A patient with decision-making capacity, may, at any time, void that patient’s own completed DMOST form or otherwise request alternative treatment to the treatment that was ordered on the DMOST form.

(b) If the orders in a patient’s completed DMOST form regarding the use of any intervention specified therein conflict with the patient’s more recent oral or written directive to the patient’s health-care practitioner, the health-care practitioner shall honor the more recent directive from the patient in accordance with the provisions of subsection (d) of this section.

(c) The patient’s authorized representative may, at any time after the patient loses decision-making capacity and after consultation with the patient’s health-care practitioner, request the health-care practitioner to modify or void the completed DMOST form, or otherwise request alternative treatment to the treatment that was ordered on the DMOST form, as the patient’s authorized representative deems necessary to reflect the patient’s health status or goals of care, unless the patient expressly limits the authorized representative’s authority to modify or void the completed DMOST form. The DMOST form shall provide the patient with the option to authorize or not to authorize the patient’s authorized representative to void or modify the patient’s completed DMOST form if the patient who has a completed DMOST form loses decision-making capacity. If the patient indicates on the DMOST form that the authorized representative is not authorized to void or modify the patient’s completed DMOST form, the patient’s authorized representative may not do so.

(d) A DMOST form may only be modified in consultation with the patient’s health-care practitioner in accordance with the provisions of the applicable regulations.
16 Del. C. § 5181 — Delaware Code / Title 16 / Chapter 51 / Subchapter VII / Section 5181
§ Â
        5181. Definitions.
Status: in_force

As used in this chapter:

(1) “Department” means the Department of Health and Social Services except that Department means the Department of Services for Children, Youth and Their Families in the context of a treatment facility serving minors.

(2) “Facility” or “treatment facility” means an entity, other than a licensed hospital, that provides care, supportive lodging or treatment to individuals with a mental condition. This section includes mental health providers serving individuals in both inpatient and outpatient settings, day treatment programs, and supervised apartments. “Facility” does not include the following:

a. A hospital or residential center as defined in § 5161(b) of this title;

b. Shelters or leased premises, apart from supervised apartments, solely providing housing without mental health provider services;

c. Outpatient practice offices of licensed independent practitioners, including, but not limited to, physicians, psychologists, social workers and counselors.

(3) “Mental condition” means a mental disorder as defined in the most recent edition of the American Psychiatric Association’s “Diagnostic and Statistical Manual of Mental Disorders.”

(4) “Mental health provider” means any professional who provides assessment, care, treatment, counseling, medication, case management, or therapeutic services to an individual with a mental condition, including but not limited to psychiatrists, psychologists, psychiatric nurses and social workers.

(5) “Patient” means any individual receiving involuntary or voluntary care, supportive lodging, treatment or other mental health provider services from a facility.

(6) “Patient representative” means an individual or entity authorized to act on the patient’s behalf by operation of law or express appointment by the patient.

(7) “Protection and advocacy agency” means the Community Legal Aid Society, Inc. or successor agency designated the state protection and advocacy system pursuant to the following:

a. Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. § 10801 et seq.);

b. Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. § 15001 et seq.); or

c. Protection and Advocacy for Individual Rights (29 U.S.C. § 794e).
16 Del. C. § 1109 — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1109
§ Â
        1109. Civil penalties.
Status: in_force

(a) (1) The Department may impose civil money penalties for the violation of provisions of this chapter or the regulations adopted pursuant to it.

(2) A licensee or other person is liable for a civil penalty of not less than $2,000 nor more than $20,000 per violation for violations which the Department determines pose a serious threat to the health and safety of a resident.

(b) In determining the amount of the penalty to be assessed under subsection (a) of this section, the Department must consider all of the following:

(1) The seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard or potential hazard created by the violation to the health or safety of a resident or residents.

(2) The history of violations committed by the person or the person’s affiliate, employee, or controlling person.

(3) The efforts made by the facility to correct the violation.

(4) The culpability of the person who committed the violation.

(5) A misrepresentation made to the Department or to another person regarding any of the following:

a. The quality of services provided by the facility.

b. The compliance history of the facility.

c. The identity of an owner or controlling person of the facility.

(6) Any other matter that affects the health, safety, or welfare of a resident.

(c) For all other violations that do not constitute a serious threat to the health and safety of a resident, but do violate this chapter or the regulations adopted pursuant to it, the maximum civil penalty is $10,000 per violation. Violations in this category include any of the following:

(1) Making a false statement that the person knows or should know is false, about 1 of the following:

a. A material fact on an application for issuance or renewal of a license or any document attached to an application.

b. A material fact with respect to a matter under investigation by the Department.

(2) Refusing to allow a representative of the Department to inspect without notice at any time either of the following:

a. Any portion of the premises of a facility.

b. Any documents, records, or files required to be maintained by a facility.

(3) Wilfully interfering with the work of a representative of the Department or with the enforcement of this chapter.

(4) Wilfully interfering with the preservation of evidence of a violation of this chapter or regulation pursuant to it.

(d) In determining the amount of the penalty to be assessed under subsection (c) of this section, the Department shall consider the factors in subsection (b) of this section.

(e) Each day of a continuing violation constitutes a separate violation. However, a penalty for a health and safety violation may not exceed $5,000 per day beyond the initial day. A penalty for a nonhealth and safety violation may not exceed $2,500 per day beyond the initial day.
16 Del. C. § 5196B — Delaware Code / Title 16 / Chapter 51 / Subchapter VIII-A / Section 5196B
§ Â
        5196B. Distributions from the Prescription Opioid Settlement Fund and the Prescription Opioid Impact Fund.
Status: repealed

(a) (1) The Commission shall distribute the money in the Settlement Fund and the Impact Fund by awarding grants, by directing the Secretary of the Department of Health and Social Services to enter into contracts, or by distributing funds to State agencies and local governments to be administered as directed by the Commission.

(2) If the Commission does not approve a grant or funding to a State of Delaware agency or local government, the Commission shall provide a written explanation of the decision and the applicant may be offered the opportunity to revise and resubmit the application.

(3) [Repealed.]

(b) The disbursement of money from the Settlement Fund and the Impact Fund shall be made by the State Treasurer upon authorization by all of the following, on a form designed for this purpose by the chair of the Commission and the State Treasurer:

(1) The chair of the Commission.

(2) The Director of the Office of Management and Budget.

(3), (4) [Repealed.]

(c) The Director of the Office of Management and Budget may waive the requirements under Chapter 69 of Title 29 for distributions made by the Commission.
16 Del. C. § 3108 — Delaware Code / Title 16 / Chapter 31 / Subchapter I / Section 3108
§ Â
        3108. Form of certificates and reports.
Status: in_force

(a) In order to promote and maintain nationwide uniformity in the system of vital statistics, the forms of certificates and reports required by this chapter, or by regulations adopted hereunder, shall include as a minimum the items recommended by the federal agency responsible for national vital statistics, subject, however, to approval of and modification by the Department; provided, however, that every death certificate shall include the Social Security number of the decedent.

(b) Each certificate, report and other document required by this chapter shall be on a form or in a format prescribed by the State Registrar.

(c) All vital records shall contain the date received for registration.

(d) Information required in certificates or reports authorized by this chapter may be filed and registered by photographic, electronic or other means as prescribed by the State Registrar.
16 Del. C. § 7926 — Delaware Code / Title 16 / Chapter 79 / Section 7926
§ Â
        7926. Light and ventilation.
Status: in_force

No water closet or urinal shall be located in a room or compartment which is not properly lighted and ventilated to the outer air.
16 Del. C. § 4803A — Delaware Code / Title 16 / Chapter 48A / Section 4803A
§ Â
        4803A. Use of fund.
Status: in_force

(a) The State Treasurer shall have the power to invest the assets of the Substance Abuse Rehabilitation, Treatment, Education and Prevention Fund in a prudent manner. Any profits and interest from such investment shall remain in the Fund and become part of the principal thereof.

(b) The funds raised by this chapter shall be used only for the provision of and coordination of substance abuse rehabilitation treatment, education and/or prevention services and shall be administered by the permanent treatment access committee of SENTAC; provided that any expenditures therefrom must be approved by the Delaware State Clearinghouse Committee.
16 Del. C. § 701 — Delaware Code / Title 16 / Chapter 7 / Subchapter I / Section 701
§ Â
        701. Definitions.
Status: in_force

(a) “Director” means the Director of the Division of Public Health or the Director’s authorized deputies within their respective jurisdictions.

(b) “Expedited partner therapy” means the clinical practice of treating the sex partners of patients diagnosed with a sexually transmitted disease without clinical assessment of the partners.

(c) “Health-care practitioner” means a physician or an individual licensed and authorized to prescribe under Title 24.

(d) “Health-care professional” means any physician, nurse, laboratory or blood bank technologist or technician, and any others whose professions involve the diagnosis, care, or treatment of individuals or the testing of bodily specimens for the purpose of finding evidence of disease.

(e) “Health facility” means a hospital, nursing home, clinic, blood bank, blood center, sperm bank, laboratory, or other health-care institution whether public or private.

(f) “Invasive medical procedures” means surgical entry into tissues, cavities, or organs.

(g) “Sexually transmitted diseases” or “STD” (formerly referred to as “venereal diseases”), means diseases designated by the Department of Health and Social Services as reportable through rules and regulations published by the Department of Health and Social Services under § 702 of this title upon finding that such disease meets both of the following:

(1) Cause significant morbidity and mortality.

(2) Can be screened, diagnosed, and treated in a public health control program, or if not, are a major public health concern such that surveillance of disease occurrence is in the public interest.

(h) “Suspect” means an individual falling into 1 or more of the following categories:

(1) An individual having positive laboratory or clinical findings of an STD.

(2) An individual in whom epidemiologic evidence indicates an STD may exist.

(3) An individual identified as a sexual contact of an STD case.
16 Del. C. § 2503 — Delaware Code / Title 16 / Chapter 25 / Section 2503
§ Â
        2503. Capacity.
Status: in_force

(a) An individual has capacity for the purpose of this chapter if the individual is willing and able to communicate a decision independently or with appropriate services, technological assistance, supported decision making, or other reasonable accommodation and in making or revoking:

(1) A health-care decision, understands the nature and consequences of the decision, including the primary risks and benefits of the decision.

(2) A health-care instruction, understands the nature and consequences of the instruction, including the primary risks and benefits of the choices expressed in the instruction.

(3) An appointment of an agent under a health-care power of attorney or identification of a default surrogate under § 2512(b)(1) of this title, recognizes the identity of the individual being appointed or identified and understands the general nature of the relationship of the individual making the appointment or identification with the individual being appointed or identified.

(b) The right of an individual who has capacity to make a decision about the individual’s health care is not affected by whether the individual creates or revokes an advance health-care directive.
16 Del. C. § 4752 — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4752
§ Â
        4752. Drug dealing or possession; class B felony.
Status: in_force

(a) Except as authorized by this chapter, it is unlawful for any person to do any of the following:

(1) Manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance in a Tier 3 quantity.

(2) Possess a controlled substance in a Tier 3 quantity.

(3) Manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance in a Tier 2 quantity and an aggravating factor applies.

(b) Violation of subsection (a) of this section is a class B felony.
16 Del. C. § 2613 — Delaware Code / Title 16 / Chapter 26 / Section 2613
§ Â
        2613. Delaware Lead-Based Paint Abatement and Remediation Fund.
Status: in_force

(a) A special fund of the State is created under the Department to be known as the “The Delaware Lead-Based Paint Abatement and Remediation Fund” (“the Fund”). All appropriations and other moneys, including gifts, bequests, grants, or other funds from private or public sources specifically designated for the Fund must be credited to the Fund. The State Treasurer shall credit interest to the Fund on a monthly basis consistent with the rate established by the Cash Management Policy Board. The Fund may not lapse or revert to the General Fund.

(b) Moneys from the Fund may only be expended on the following:

(1) Payment to contractors for conducting lead risk assessments.

(2) Payment to contractors for the abatement or remediation of lead-based paint on properties specifically approved for abatement or remediation by the Program.

(3) Temporary lodging of persons temporarily displaced during the abatement or remediation of lead-based paint at a lead-exposure site.

(4) Payments to third parties necessary to oversee proper administration of funds under paragraphs (b)(1) and (b)(2) of this section.

(c) Moneys from the Fund may not be used to supplant any funds from any federal, state, or local government entity.

(d) Each submission of a proposed budget from the Governor to the General Assembly under § 6335 of Title 29 must contain a specific proposed appropriation to the Fund.
16 Del. C. § 509 — Delaware Code / Title 16 / Chapter 5 / Subchapter I / Section 509
§ Â
        509. Vaccination for meningococcal disease.
Status: in_force

(a) The purpose of this section is to prevent the contraction and spread of bacterial meningococcal disease among students in postsecondary educational institutions. The intent of this section is that postsecondary educational institutions and students who wish to enroll in postsecondary educational institutions follow the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention in preventing meningococcal disease.

(b) As used in this section, “campus housing” means any space, in a building, over which a postsecondary educational institution has control and is intended for postsecondary educational institution students, where group sleeping accommodations are provided in 1 room, or in a series of closely associated rooms, for persons not members of the same family group, including dormitories and sorority or fraternity houses.

(c) This section applies to all of the following:

(1) A postsecondary educational institution that has campus housing.

(2) A student who has accepted admission and intends to enroll in a postsecondary educational institution that has campus housing.

(d) A student who wishes to enroll in a post-secondary educational institution shall submit to the postsecondary educational institution documentation confirming that, within the 5 years prior to the date of enrollment, the student received vaccination against meningococcal disease. The student:

(1) Shall submit the documentation prior to enrollment.

(2) May submit the documentation in any of the following methods:

a. As a written statement signed by the health-care professional who administered the vaccination.

b. Within the medical records the student submits to the post-secondary educational institution for admission or enrollment purposes.

c. In any other manner that the postsecondary educational institution requires.

(e) A postsecondary educational institution shall deny enrollment to any student who has not received vaccination against meningococcal disease or been granted an exemption under subsection (f) of this section.

(f) A student seeking an exemption from the requirements of subsection (d) of this section shall submit a written request for exemption to the postsecondary educational institution. A postsecondary educational institution:

(1) May develop its own policies and procedures regarding requests for exemption, including under what circumstances the postsecondary educational institution will grant a student’s request for exemption.

(2) Shall include in its policies and procedures under paragraph (f)(1) of this section the requirement that, if a student who submits a request for exemption is a minor, the student’s parent or guardian shall sign the request for exemption.

(3) May develop its own policies and procedures to grant students additional time to submit vaccination documentation, as long as the policies and procedures require that the documentation is submitted within the first semester of enrollment.

(g) A postsecondary educational institution shall:

(1) Provide information about meningococcal disease to all students who have accepted admission, after the student has paid an initial deposit toward tuition. Such information shall include notice of both of the following:

a. The availability and benefits of vaccination against meningococcal disease.

b. The requirement under subsection (d) of this section that a student receive vaccination against meningococcal disease within 5 years prior to the student’s enrollment in the postsecondary educational institution.

(2) Develop procedures for facilitating, receiving, and recording student responses to the information provided about meningococcal disease and the requirement for vaccination against meningococcal disease, including a student’s vaccination record.

(3) Determine the appropriate office and position within the office of the postsecondary educational institution to receive, record, maintain, make determinations about, and notify students regarding the outcome of their requests for exemption.
16 Del. C. § 7119 — Delaware Code / Title 16 / Chapter 71A / Section 7119
§ Â
        7119. Package markings.
Status: in_force

(a) Cigarettes that are certified by a manufacturer in accordance with § 7118 of this title shall be marked to indicate compliance with the requirements of § 7117 of this title. Such marking shall be in 8-point font type or larger and consist of:

(1) Modification of the product UPC code to indicate a visible mark printed at or around the area of the UPC code. Such mark may consist of alphanumeric or symbolic character or characters permanently stamped, engraved, embossed or printed in conjunction with the UPC code; or

(2) Any visible combination of alphanumeric or symbolic character or characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or

(3) Printed, stamped, engraved or embossed test that indicates that the cigarettes meet the standards of this section; or

(4) The letters “FSC,” which signifies Fire Standards Compliant appearing in 8-point type or larger and permanently printed, stamped, engraved or embossed on the package at or near the UPC code.

(b) A manufacturer must use only 1 marking and must apply this marking uniformly for all packages (including, but not limited to, packs, cartons and cases) and brands marketed by that manufacturer.

(c) The State Fire Marshal must be notified as to the marking that is selected.

(d) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the State Fire Marshal for approval. Upon receipt of the request, the State Fire Marshal shall approve or disapprove the marking offered, except that the State Fire Marshal shall approve:

(1) Any marking in use and approved for sale in New York State pursuant to New York Fire Safety Standard for Cigarettes, or

(2) The letters “FSC,” which signifies Fire Standards Compliant appearing in 8 point type or larger and permanently printed, stamped, engraved or embossed on the package at or near the UPC code.

(e) Proposed markings shall be deemed approved if the State Fire Marshal fails to act within 10 business days of receiving a request for approved.

(f) No manufacturer shall modify its approved marking unless the modification has been approved by the State Fire Marshal in accordance with this § 7119.

(g) Manufacturers certifying cigarettes in accordance with § 7118 of this title shall provide a copy of such certifications to all wholesale dealers and agents to which they sell cigarettes, and shall also provide sufficient copies of an illustration of the package markings utilized by the manufacturer pursuant to this § 7119 for each retailer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents and retail dealers shall permit the State Fire Marshal, the Director of the Division of Revenue, the Office of the Attorney General, or employees thereof, to inspect markings of cigarette packaging marked in accordance with this section.
16 Del. C. § 1411 — Delaware Code / Title 16 / Chapter 14 / Section 1411
§ Â
        1411. Fixed charges in connection with projects; regulation of sewage; water meter readings.
Status: in_force

(a) The rates, fees and charges of each authority in connection with each project shall be so fixed and revised as to provide funds, with other funds available for such purposes, sufficient at all times:

(1) To pay the cost of maintaining, repairing and operating the project on account of which the authority shall have issued revenue bonds as authorized by this chapter including reserves for such purposes and for replacement and depreciation and necessary extensions;

(2) To pay the principal of and interest on the revenue bonds as the same shall become due and payable and to create reserves and provide a margin of safety for such purposes; and

(3) To fulfill the terms and provisions of any agreements made with the purchasers or holders of any of its bonds or with the municipality or municipalities incorporating or the municipalities which are members of said authority or with any municipality served or to be served by said authority.

(b) Any authority may fix rates, fees and charges for the services and facilities of its water system sufficient to pay all or any part of the cost of maintaining, repairing and operating its sewerage system and all or any part of the principal of and interest on revenue bonds issued on account of such sewerage system, and to pledge any surplus revenues of its water system, subject to prior pledges thereof, for such purpose or purposes.

(1) Rates, fees and charges for the services of a sewerage system may be based or computed either upon the quantity of water used or upon the amount of the water bill or upon the number and size of sewer connections or upon the number and kind of plumbing fixtures in use in the premises connected with the sewerage system or upon the number or average number of persons residing or working in or otherwise connected with such premises or upon the type or character of such premises or upon any other factor affecting the use of the facilities furnished or upon any combination of the foregoing factors.

(2) Charges for sewerage services to premises obtaining all or a part of their water supply from sources other than public water system may be determined by gauging or metering or in any other manner approved by the authority.

(3) All other rates, fees and charges of the authority shall be based or computed upon such factor or factors as the authority shall deem reasonable and proper.

(c) In cases where the character of the sewage or waste from any manufacturing, commercial or industrial plant, building or premises is such that it imposes an unreasonable burden upon any sewerage system, an additional charge may be made therefor, or the authority may, if it deems advisable, compel such manufacturing, commercial or industrial plant, building or premises to treat such sewage or waste in such manner as shall be specified by the authority before discharging such sewage or waste into any sewage system owned, operated or maintained by such authority.

(d) Every municipality composing an authority operating a sewerage system shall, at the request of such authority, supply such authority, on or before the fifteenth day of the month following the month during which water bills are issued by such municipality, with a list of all water meter readings forming the basis of such bills and/or a statement of the amount of such bills so that such data may be used by such authority in calculating or computing its rates, fees and charges for sewer services to such water consumer.
16 Del. C. § 3002O — Delaware Code / Title 16 / Chapter 30O / Section 3002O
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        3002O. Dispensing or dispensing and administering contraceptives by pharmacists; standing order.
Status: in_force

(a) The Department shall create a written standing order that allows a pharmacist to dispense contraceptives and dispense and administer injectable hormonal contraceptives under the standing order.

(b) The standing order under this section must require a pharmacist to comply with the rules and regulations promulgated under this chapter and must include all of the following:

(1) The standard procedures that a pharmacist must use to select the appropriate contraceptive to dispense to a patient or to refer the patient to a health-care practitioner for treatment.

(2) The conditions under which a pharmacist may dispense contraceptives.

(3) The conditions under which a pharmacist may dispense and administer injectable hormonal contraceptives.