16 Del. C. § 3001J — Delaware Code / Title 16 / Chapter 30J / Section 3001J
§ Â
        3001J. Definitions.
Status: in_force

As used in this chapter:

(1) “Aftercare” means assistance provided by a lay caregiver to a patient in a residence after the patient’s discharge from a hospital that does not require the lay caregiver to be a health-care professional.

(2) “Discharge” means a patient’s exit or release from a hospital following an inpatient stay.

(3) “Health-care professional” means as defined in § 2502 of this title.

(4) “Hospital” means as defined in § 1001 of this title.

(5) “Interface” means training the lay caregiver in aftercare tasks contained in the discharge plan in a manner that is consistent with current accepted practices and provided through 1 of the following methods agreed to by the lay caregiver and the hospital: telehealth, as defined in § 3370 of Title 18, telemedicine, as defined in § 3370 of Title 18, or in-person.

(6) “Lay caregiver” means an individual who is 18 years of age or older, who is designated by a patient or a patient’s agent under this chapter, and who provides aftercare to a patient in a residence. “Lay caregiver” includes direct support professionals and shared living providers who are paid staff in a neighborhood group home or shared or community living arrangement, as approved by the Division of Developmental Disabilities Services, and attendant caregivers, as provided for in § 1921(a)(14) and (15) of Title 24.

(7) “Patient’s agent” means a person authorized by other law to make decisions for a patient.

(8) “Residence” means a dwelling considered by a patient to be the patient’s home. “Residence” does not include any rehabilitation facility, hospital, nursing home, or assisted living facility licensed under this title.
16 Del. C. § 9805 — Delaware Code / Title 16 / Chapter 98 / Section 9805
§ Â
        9805. Paramedic Administrator.
Status: in_force

The Paramedic Administrator shall be employed within the Office of Emergency Medical Services responsible directly to the Director of the Office of Emergency Medical Services. The Paramedic Administrator shall be a state employee within the Merit System and shall be responsible for the following:

(1) Hiring sufficient personnel to provide staff and clerical support for the office;

(2) Verifying certification from the Board for each paramedic employed by a county or its subcontractor;

(3) Administering and coordinating all activities of the program including periodic inspections;

(4) Developing appropriate uniforms as required;

(5) Developing and negotiating contracts with county paramedic services;

(6) Developing annual budgets;

(7) Procuring the necessary equipment to carry out the requirements of this legislation and following the current state bidding and procurement policies for equipment; i.e., vehicles, communication equipment, medical equipment and uniforms as required;

(8) Developing rules governing the operation of programs that provide paramedical instruction to ensure compliance with the ALS Standards of the Board of Medical Licensure and Discipline.

(9) Providing reports of activities as required by the Director of the Office of Emergency Medical Services;

(10) Monitoring paramedic staff hours in each county; and

(11) Having the authority to suspend a paramedic from patient treatment or to permit limited practice for the duration of an investigation of the paramedic by the Division of Professional Regulation.
16 Del. C. § 3002H — Delaware Code / Title 16 / Chapter 30H / Section 3002H
§ Â
        3002H. Access to restrooms.
Status: in_force

(a) A retail establishment that has a restroom facility for its employees, not usually accessible to the public, shall allow a customer to use that facility during normal business hours if the following conditions are met:

(1) The customer requesting the use of the employee restroom facility suffers from an eligible medical condition or uses an ostomy device, provided that the existence of the condition or device is documented in writing by a physician or other licensed medical professional, or an identification card that is issued by a nationally-recognized health organization or state agency and that indicates the customer suffers from an eligible medical condition or uses an ostomy device;

(2) Three or more employees of the retail establishment are working at the time the customer requests the use of the employee restroom facility;

(3) The employee restroom facility is not located in an area where providing access would create an obvious health or safety risk to the customer or an obvious security risk to the establishment;

(4) Accessing the bathroom would not expose the customer to sensitive company documents, materials, or trade secrets;

(5) Accessing the bathroom would not cause the retail establishment to cease or significantly curtail normal business operations; and

(6) A public restroom is not immediately accessible to the customer.

(b) For purposes of this section, an “obvious health or safety risk” would include but is not limited to a situation where accessing the employee restroom facility requires the customer to traverse an area where manufacturing or heavy equipment is in use, items are stored on high shelves, adequate lighting is not present, the floor may be wet or slippery, or hazardous materials are used or stored.
16 Del. C. § 161 — Delaware Code / Title 16 / Chapter 1 / Subchapter V / Section 161
§ Â
        161. Powers and duties of Department.
Status: in_force

The Department of Health and Social Services shall develop the child welfare activities conducted by the Child Welfare Commission before its abolition and maintain a traveling child health center to serve the sparsely settled sections of the State. The Department of Health and Social Services shall cooperate with state, county and local officials bodies in the development of such child welfare work as the Department of Health and Social Services may believe will materially advance the best interests of the children of the State. The Department of Health and Social Services shall make a study of the needs of children a definite part of its work and shall make recommendations for executive and legislative action in matters relating to children.
16 Del. C. § 3053F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3053F
§ Â
        3053F. Liability of dog owner for damages.
Status: in_force

The owner of a dog is liable in damages for any injury, death, or loss to person or property that is caused by such dog, unless the injury, death, or loss was caused to the body or property of a person who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the owner, or was committing or attempting to commit a criminal offense against any person, or was teasing, tormenting, or abusing the dog.
16 Del. C. § 7928 — Delaware Code / Title 16 / Chapter 79 / Section 7928
§ Â
        7928. Back flow of sewage.
Status: in_force

Where a house drainage system may be subjected to back flow of sewage suitable provision shall be made to prevent its overflow in the building.
16 Del. C. § 109 — Delaware Code / Title 16 / Chapter 1 / Subchapter I / Section 109
§ Â
        109. Appeals.
Status: in_force

From the decision of a justice of the peace exercising jurisdiction conferred by § 108 of this title, an appeal shall be allowed to the Court of Common Pleas of the same county.
16 Del. C. § 924 — Delaware Code / Title 16 / Chapter 9 / Subchapter II / Section 924
§ Â
        924. Notice of Intent to Substantiate; process.
Status: in_force

(a) In response to a report where abuse or neglect of a child is alleged, as required by § 906 of this title, the Department’s Division of Family Services shall conduct an investigation into the facts and circumstances of the alleged abuse or neglect, and the Department’s Institutional Abuse Investigation Unit shall conduct an investigation of an allegation of institutional abuse or neglect of a child.

(1) If the Department determines from its investigation not to substantiate the person for abuse or neglect, the person may not be entered on the Child Protection Registry for that reported incident. The Department shall indicate in its internal information system that the incident is unsubstantiated, and so notify the person in writing. The Department shall develop regulations for classifying unsubstantiated cases in its internal information system.

(2) If the Department determines from its investigation that it intends to substantiate the person for abuse or neglect and enter an adult person on the Child Protection Registry, it shall give written notice to the person by certified mail, return receipt requested, at that person’s last known address. The written notice must:

a. Briefly describe the alleged incident of abuse or neglect.

b. Advise the person that the Department intends to substantiate the allegations and enter the person on the Child Protection Registry for the incident of abuse or neglect at a designated Child Protection Level.

c. State the consequences of being entered on the Registry at the designated level, including whether the person will be reported as substantiated for abuse or neglect in response to a Child Protection Registry check made pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31.

d. Inform the person of that person’s own right to request a hearing in the Family Court before the person is entered on the Child Protection Registry.

e. Further advise that the person will be entered on the Registry for the incident at the designated Child Protection Level unless, within 30 days of the date of mailing of the notice, the person responds to the Department in writing, requesting a hearing in the Family Court on the Department’s intent to substantiate the person for abuse or neglect and enter the person on the Registry.

f. Contain a written form for the person to return to the Department to request a hearing.

(3) If the Department determines from its investigation that it intends to substantiate a child and enter the child on the Child Protection Registry, it shall give written notice to the child and the child’s parent, guardian, and legal custodian by certified mail, return receipt requested, at the child’s last known address. The written notice must:

a. Briefly describe the alleged incident of abuse or neglect.

b. Advise the child that the Department intends to substantiate the allegations and enter the child on the Child Protection Registry for the incident of abuse or neglect at a designated Child Protection Level.

c. State the consequences of being entered on the Registry at the designated level, including whether the child will be reported as substantiated for abuse or neglect in response to a Child Protection Registry check made pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31.

d. Inform the child that a hearing will be held in the Family Court before the child is entered on the Child Protection Registry.

e. Provide notice to the child’s guardian ad litem or attorney if the child is in DSCYF custody.

(4) If the Department determines from its investigation that it intends to enter a person on the Child Protection Registry as a result of a conviction of an enumerated offense set forth in § 923 of this title, the Department shall send a Notice of Substantiation to the person informing them of the substantiation and notifying them of the right to file a Petition for Limited Purpose Hearing. The Petition for Limited Purpose Hearing shall be filed by the person in Family Court within 30 days of the Notice of Substantiation, shall include a copy of the Notice of Substantiation, and shall set forth why the person alleges the conviction does not meet the requirements set forth in § 922(1) of this title. A Limited Purpose Hearing shall be limited to determining whether the conviction meets the requirements of § 922(1) of this title. If a Petition for Limited Purpose Hearing is not filed within 30 days of the Notice of Substantiation, the person shall remain automatically placed on the registry pursuant to § 922(1) of this title.

(b) A person, other than a child, who fails to request a hearing as provided in subsection (a) of this section must, at the expiration of 30 days from the date of mailing of the notice of intent to substantiate the allegations of abuse or neglect and enter the person on the Registry, be entered on the Child Protection Registry at the Child Protection Level designated in the notice.

(c) The Department shall file a Petition for Substantiation before any child is entered on the Child Protection Registry, regardless of the written request of the child.
16 Del. C. § 5016 — Delaware Code / Title 16 / Chapter 50 / Section 5016
§ Â
        5016. Payment of transportation and medical costs.
Status: in_force

(a) The State Treasurer shall pay peace officers or other transportation providers under contract with the Department of Health and Social Services for transportation services under this chapter at an agreed-upon rate, including a custody fee and mileage traveled.

(b) The State Treasurer shall pay third-party medical and dental providers at a contractually agreed-upon rate for services rendered for the medically necessary treatment of persons receiving mental health treatment and services pursuant to this chapter.
16 Del. C. § 3003C — Delaware Code / Title 16 / Chapter 30C / Section 3003C
§ Â
        3003C. Correct use of defibrillator; training in order to ensure public health and safety.
Status: in_force

(a) Any entity to whom AEDs are distributed shall insure that:

(1) Each prospective defibrillator user receives appropriate training by the American Red Cross, the American Heart Association, Delaware State Fire School or by another nationally recognized provider of training for cardio-pulmonary resuscitation and AED use; provided however, that such training shall be approved by the State EMS Medical Director;

(2) The defibrillator is maintained and tested according to the manufacturer’s guidelines; and

(3) Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED shall notify the appropriate EMS units as soon as possible and report any clinical use of the AED to the appropriate licensed physician or medical authority.

(b) The State EMS Medical Director shall maintain a file containing the name of each person or entity that acquires an AED with State funding.
16 Del. C. § 7102 — Delaware Code / Title 16 / Chapter 71 / Section 7102
§ Â
        7102. Definitions.
Status: in_force

As used in this chapter:

(1) “Crime punishable by imprisonment for a term exceeding 1 year” shall not mean

a. any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade or other similar offenses relating to the regulation of business practices or

b. any state offense (other than one involving a firearm or explosive material) classified by the laws of any state as a misdemeanor and punishable by a term of imprisonment of 2 years or less.

(2) “Distribute” shall mean to issue, give, transfer or otherwise dispose of.

(3) “Explosive-actuated devices” shall mean any tool or special mechanized device which is actuated by explosives, other than smokeless propellants.

(4) “Explosive materials” means explosives, blasting agents and detonators as follows:

a. “Blasting agent” means any material or mixture consisting of fuel and oxidizer intended for blasting not otherwise defined as an explosive; provided, that the finished product, as mixed for use or shipment, cannot be detonated by means of a numbered 8 test blasting cap when unconfined.

b. “Detonator” means any device containing a detonating charge that is used for initiating detonation in an explosive. The term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses and detonating-cord delay connectors.

c. “Explosives” means any chemical compound mixture or device the primary or common purpose of which is to function by explosion. The term includes, but is not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, igniters and those materials included in the list published annually in the Federal Register by the Secretary of the Treasury pursuant to the Organized Crime Control Act of 1970 [18 U.S.C. § 841 et seq.].

(5) “Fugitive from justice” shall mean any person who has fled from the jurisdiction of any court of record to avoid prosecution for any crime or to avoid giving testimony in any criminal proceeding. The term shall also include any person who has been convicted of any crime and has fled to avoid imprisonment.

(6) “Issuing authorities” shall mean the State Fire Marshal and such local fire marshals as and to the extent the State Fire Marshal shall so designate.

(7) “Person” means any individual, corporation, company, association, firm, partnership, society or joint stock company.

(8) “Propellant-actuated power devices or tools” shall mean any tool or special mechanized device or gas generator system which is actuated by smokeless propellant or which releases and directs work through a smokeless propellant charge. It does not include explosive-actuated devices.
16 Del. C. § 1201A — Delaware Code / Title 16 / Chapter 12A / Section 1201A
§ Â
        1201A. Definitions.
Status: in_force

As used in this chapter:

(1) “Communicable disease” means human immunodeficiency virus, (HIV, the virus that causes AIDS), and hepatitis B.

(2) “Division” means Division of Public Health, Department of Health and Social Services.

(3) “Emergency medical care provider” means a fire fighter, law enforcement officer, paramedic, emergency medical technician, correctional officer, ambulance attendant or other person who serves as an employee or volunteer of an ambulance service and/or provides prehospital emergency medical services.

(4) “Receiving medical facility” means a hospital or similar facility that receives a patient attended by an emergency medical care provider for the purposes of continued medical care.

(5) “Universal precautions” means those precautions, including the appropriate use of hand washing, protective barriers, and care in the use and disposal of needles and other sharp instruments that minimize the risk of transmission of communicable diseases between patients and health-care providers.
16 Del. C. § 2731 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2731
§ Â
        2731. Relation to Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7001 et seq.) but does not modify, limit or supersede § 101(c) [15 U.S.C. § 7001(c)] of the Electronic Signatures in Global and National Commerce Act or authorize electronic delivery of any of the notices described in § 103(b) [15 U.S.C. § 7003(b)] of the Electronic Signatures in Global and National Commerce Act.
16 Del. C. § 4925A — Delaware Code / Title 16 / Chapter 49A / Section 4925A
§ Â
        4925A. Severability.
Status: in_force

Any section of this chapter being held invalid as to any person or circumstance shall not affect the application of any other section of this chapter that can be given full effect without the invalid section or application.
16 Del. C. § 805C — Delaware Code / Title 16 / Chapter 8C / Section 805C
§ Â
        805C. Parental options.
Status: in_force

(a) All newborns in Delaware shall have a satisfactory specimen taken within 24 to 48 hours of age and shall be screened for metabolic, hematologic, endocrinologic, immunologic and certain structural disorders. Parents may elect not to participate in any of the following:

(1) Screening to be performed;

(2) The blood spot to be stored following testing; and/or

(3) The results of the screen to be securely shared electronically through a health information exchange so that health-care providers can appropriately access information.

(b) The informed consent process shall assure that the parent or guardian who elects that a newborn shall not be tested understands the consequences of such a decision, including the inability to prevent developmental delay and death. Language conveying such information shall be recommended by the Committee for approval by the Division Director.

(c) There will be no research utilizing the stored blood specimens or the stored data without parental consent, except for population-based studies in which all identifying information is removed.
16 Del. C. § 3130 — Delaware Code / Title 16 / Chapter 31 / Subchapter II / Section 3130
§ Â
        3130. Certificates as evidence.
Status: in_force

Certificates filed within 6 months after the time prescribed therefor shall be prima facie evidence of the facts therein stated. Data therein pertaining to the father of the child are prima facie evidence only if the alleged father is the husband of the mother. The data pertaining to the father of the child are not evidence in any proceeding adverse to the interests of the alleged father or of his heirs, next-of-kin, devisees, legatees or other successors in interest if the father is not the husband of the mother and the paternity is not acknowledged.
16 Del. C. § 5020 — Delaware Code / Title 16 / Chapter 50 / Section 5020
§ Â
        5020. Expenses of examination and removal of indigent patients.
Status: in_force

The expenses of the examination of an indigent person alleged to be suffering from a mental condition and the transportation of such person, by a peace officer or credentialed mental health screener or juvenile mental health screener to a designated psychiatric treatment facility or hospital able to provide further evaluation or care and treatment, shall be paid by the State Treasurer.
16 Del. C. § 127 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 127
§ Â
        127. Regulations and orders of Department and Secretary â Duty of enforcement; penalty.
Status: in_force

(a) All local boards of health, health authorities and officials, officers of the State and county institutions, police officers, sheriffs, constables and all other officers and employees of the State, or of any county, city or town thereof, shall enforce such quarantine orders, and such rules, regulations and orders as are adopted by the Department of Health and Social Services.

(b) In the event of failure or refusal on the part of any member of the local boards or other official or person mentioned in this section so to act, the member shall be fined not more than $50 for the first offense and not more than $100 for the second and each succeeding offense.
16 Del. C. § 4751D — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4751D
§ Â
        4751D. Knowledge of weight or quantity not an element of the offense; proof of weight or quantity.
Status: in_force

(a) In any prosecution under this subchapter, in which the weight or quantity of a controlled substance is an element of the offense, the State need not prove that the defendant had any knowledge as to the weight or quantity of the substance possessed. The State need only prove that the defendant knew that the substance was possessed; and, that the substance was that which is alleged, and that the substance weighed a certain amount or was in a certain quantity.

(b) In any prosecution under this subchapter, in which the quantity of a controlled substance is an element of the offense, and the controlled substance is alleged to be a “prescription drug’' as defined in § 4701 of this title, and the alleged prescription drug consists of multiple doses that appear to be substantially identical, evidence that a chemist or other qualified witness properly tested one dose, and found the presence of a controlled substance, shall be prima facie evidence that the “substantially identical doses’' each contained the controlled substance that is a prescription drug for purposes of determining whether the State has proven the number of doses constituting the Tier quantities set forth in § 4751C(2)j. or (3)j. of this title. Nothing in this subsection precludes the right of any party to introduce any evidence supporting or contradicting evidence offered pursuant to this subsection.

(c) The identity or composition of a controlled substance, or a mixture containing a controlled substance, may be established by utilizing a hypergeometric sampling plan or other scientifically accepted methodology.
16 Del. C. § 1141 — Delaware Code / Title 16 / Chapter 11 / Subchapter IV / Section 1141
§ Â
        1141. Criminal background checks.
Status: repealed

(a) Purpose. —

The purpose of the criminal background check and drug screening requirements of this section and § 1142 of this title is the protection of the safety and well-being of residents of long-term care facilities licensed pursuant to this chapter. These sections shall be construed broadly to accomplish this purpose.

(b) Definitions. —

As used in this subchapter:

(1) “Applicant” means any of the following:

a. A person seeking employment in a facility.

b. A current employee of a facility who seeks a promotion in the facility.

c. A self-employed person or a person employed by an agency for work in a facility.

d. A current employee of a facility or a person as defined in paragraph (b)(1)c. of this section who the Department has a reasonable basis to suspect has been arrested for a disqualifying crime since becoming employed or commencing work.

e. A former employee who consents prior to leaving employment to periodic review of the former employee’s criminal background for a fixed time period.

(2) “Background Check Center (BCC)” means the electronic system which combines the data streams from various sources within and outside the State in order to assist an employer in determining the suitability of a person for employment in a long-term care facility.

(3) “Criminal history” means a report from the Department regarding its review of the applicant’s entire federal criminal history from the Federal Bureau of Investigation, under Public Law 92-544 as amended (28 U.S.C. § 534), and the applicant’s Delaware record from the State Bureau of Identification.

(4) [Repealed.]

(5) “Facility” means any facility licensed under subchapter I of this chapter.

(6) [Repealed.]

(7) “SBI” means the State Bureau of Identification.

(c) An employer may not employ an applicant for work in a facility before obtaining a criminal history. The criminal history of any person not employed directly by the facility must be provided to the facility upon the person’s commencement of work.

(d) The requirements of subsection (c) of this section may be suspended for 60 days if the employer wishes to employ the applicant on a conditional basis.

(1) Before an employer may offer conditional employment, the employer must receive verification that the applicant has been fingerprinted by the SBI for purposes of the criminal history.

(2) The Department may not issue a criminal history if the applicant fails to provide information to the Department regarding the status or disposition of an arrest within 45 days from the date of notice from the Department of an open criminal charge. The Department may extend the time limits for good cause shown.

(e) An employer may not employ or continue to employ an individual with a conviction deemed disqualifying by the Department’s regulations.

(f) Any employer who employs an applicant and fails to secure a criminal history is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. An employer is also subject to this penalty if that employer conditionally employs an applicant before receiving verification that the applicant has been fingerprinted for purposes of the criminal history.

(g) The criminal history provided to the employer is strictly confidential. It may be used solely to determine the suitability of an applicant for employment or continued employment in a facility. It must be stored in a manner that maintains its confidentiality.

(h) An applicant may not be employed in a facility, other than conditionally under subsection (d) of this section, until the applicant’s employer has secured the applicant’s criminal history.

(i) Before an applicant is permitted to be employed in a facility, the applicant must, upon request, do all of the following:

(1) Provide accurate information sufficient to secure a criminal history.

(2) Execute a full release to enable the employer to secure a criminal history and to update the criminal history while employed.

(3) Execute a full release giving the employer permission to provide the criminal history to the facility where the work is to be performed if the employer is other than the facility.

(j) An applicant who fails to comply with subsection (i) of this section is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.

(k), (l) [Repealed.]

(m) The Department shall promulgate regulations regarding all of the following:

(1) The criteria it uses to determine unsuitability for employment.

(2) The policies and procedures for preparing the criminal history which govern the frequency of criminal record review and updating.

(3) The frequency with which fingerprints must be obtained.

(4) The information that the Department provides in the criminal history about disqualifying and nondisqualifying criminal convictions.

(5) The methods for notifying applicants and employers of the results of the Department’s review, and for providing applicants with the criminal history.

(6) The administrative review process available to a person desiring to contest adverse information.

(7) Other provisions required to achieve the purpose of this section.
16 Del. C. § 3042F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3042F
§ Â
        3042F. Fees for dog licenses; terms.
Status: repealed

(a) Dog licenses. — The Department shall issue dog licenses and may, under § 3045F of this title, authorize agents to issue dog licenses. The Department shall provide applications for the following dog licenses, and may charge reasonable fees not to exceed the cost of administering this subchapter:

(1) Individual dog owner licenses. — The owner of any dog 6 months of age or older shall apply to the Department or its duly authorized agents on a form prescribed by the Department for an individual dog owner license for such dog. All individual dog owner licenses shall be valid from the date of purchase for a period of time which the Department shall determine.

(2) Retail dog outlet licenses. — Each owner of a retail dog outlet in the State must apply to the Department for a retail dog outlet license on an annual basis. A retail dog outlet license shall be valid for 1 year from the date of purchase.

(3) Kennel licenses. — Any person who maintains a kennel wherein more than 4 dogs are kept for show, trial, sale, breeding, or other purposes may apply to the Department, or its agents authorized under § 3045F of this title, on a form prescribed by the Department for a kennel license in lieu of an individual dog owner license for each dog. Kennel licenses shall be valid for 1 year from the date of purchase.

(4) Replacement dog licenses or tags. — The Department shall adopt a policy to issue a replacement individual dog owner license, retail dog outlet license, or kennel license, or the tags accompanying such license, and shall set the fees for such replacement licenses or tags.

(5) [Repealed.]

(b) Upon application and payment of the fee for an individual dog owner license, retail dog outlet license, or kennel license, the applicant shall be entitled to receive a license, provided proof of a currently valid rabies vaccination, exemption certificate authorized under § 8204 of Title 3, or other documentation required by the Department can be presented for each dog for which the license is sought. Each individual dog owner license, retail dog outlet license, and kennel license shall show the date on which the license fee is paid. The Department, or its agent authorized under § 3045F of this title, shall issue each license showing the year for which the license is paid and the serial number of the license. Each issued license must be accompanied by either a metal tag or an alternative method of identification, such as a microchip or tattoo. In the event a dog tag is issued, the tag shall be of a design to be adopted by the Department, and shall be affixed to the collar by the owner of such dog. Dog collars with associated state tags may be removed and need not be worn at all times when the dog is licensed under a kennel or retail dog outlet and is housed in an enclosure or a pen. If the collar has been removed, a valid dog tag and license must be readily available for review by an animal welfare officer as proof that the individual dog is licensed. Dogs engaged in the act of hunting are exempted from wearing tags while they are in the act of hunting, but individuals hunting with dogs must have some means of valid identification on the dog, and a valid dog tag and license must be available for review by an animal welfare officer while the dog is in the act of hunting.

(c) Whoever fails to secure a valid dog license, retail dog outlet’s license, or kennel license when required by this section shall be fined not less than $50 and not more than $500. For each subsequent offense occurring within 12 months of a prior offense, the person shall be fined not less than $100 and not more than $500. The minimum fine for a subsequent offense shall not be subject to suspension. Conviction for the failure to pay the license fee is a violation.

(d) The Department may revoke any individual dog owner license, retail dog outlet license, or kennel license previously issued, and may deny any person the right to secure any such license for a period of time within the Department’s discretion, if the licensee or person has been convicted of animal cruelty under the laws of Delaware or any state or federal law.

(e) The license fee set by the Department pursuant to subsection (a) of this section shall not be required to be paid when the dog is one which qualifies as a seeing-eye, lead, or guide dog or as a dog which has previously served in a branch of the United States armed forces. The Department shall issue either a metal license tag or an alternative method for identification in accordance with subsection (b) of this section for such dogs without the necessity of the payment of the dog license fee.

(f) Individual, retail, or kennel licenses previously issued by a county or the City of Wilmington remain valid until their predetermined expiration dates.
16 Del. C. § 6303 — Delaware Code / Title 16 / Chapter 63 / Section 6303
§ Â
        6303. Emergency planning notifications.
Status: in_force

(a) A list of extremely hazardous substances shall be established by the Secretary for the purposes of this chapter. In establishing this list, the Secretary shall take into account the toxicity, reactivity, volatility, dispersability, combustibility or flammability of a substance. For purposes of the preceding sentence, the term “toxicity” shall include any short-term or long-term health effect which may result from a short-term exposure to the substance. These substances will be the primary focus of community emergency planning activities to be conducted by the local emergency planning committees as set forth in 42 U.S.C. § 11003.

(b) The Secretary shall establish threshold planning quantities for each extremely hazardous substance established under subsection (a) of this section taking into account the criteria described in subsection (a) of this section.

(c) The Secretary may revise the list and thresholds established under subsections (a) and (b) from time to time. Any revisions to the list shall take into account the criteria established in subsection (a) of this section.

(d) Any facility having an extremely hazardous substance present at the facility in an amount which equals or exceeds the threshold planning quantity established for such substance shall be subject to the requirements of this section.

(e) Not later than 6 months after June 16, 1997, the owner or operator of each facility, subject to the requirements of this section, shall notify the Department and the local emergency planning committee that such facility is subject to the requirements of this section. Thereafter, if a substance on the list of extremely hazardous substances becomes present at such facility in an amount which equals or exceeds the threshold planning quantity established for such substance, or if there is a revision of such list and the facility has present a substance on the revised list in an amount which equals or exceeds the threshold planning quantity established for such substance, the owner or operator of the facility shall notify the Department and the local emergency planning committee within 60 days after such acquisition or revision that such facility is subject to the requirements of this section.

(f) Notification to the Department under subsection (e) of this section shall serve as notification to the State Emergency Response Commission as set forth under 42 U.S.C. § 11002(c) and regulations established under that act.

(g) Notification under subsection (e) of this section must also include identification of a facility representative who will participate in the emergency planning process as a facility emergency coordinator.

(h) The owner or operator of a facility subject to this section shall promptly inform the local emergency planning committee of any relevant changes occurring at such facility as such changes occur or are expected to occur.

(i) Upon request from the local emergency planning committee, the owner or operator of a facility subject to this section shall promptly provide information to such committee necessary for developing and implementing emergency plans.

(j) For purposes of emergency planning, the State Emergency Response Commission or the Secretary may designate additional facilities which shall be subject to the requirements of this section, if such designation is made after public notice and opportunity for comment. The Secretary shall notify the facility concerned of any facility designation under this subsection.
16 Del. C. § 7101 — Delaware Code / Title 16 / Chapter 71 / Section 7101
§ Â
        7101. Scope.
Status: in_force

This chapter is intended to supplement the requirements of any federal laws and regulations promulgated by any federal department or agency. This chapter shall apply to the sale, purchase, possession, receipt, transportation and use of explosive materials as provided herein, but shall not apply to:

(1) Explosive materials while in the course of transportation via railroad, water, highway or air when the explosive materials are moving under the jurisdiction of and in conformity with regulations adopted by any federal department or agency;

(2) The laboratories of schools, colleges and similar institutions when confined to the purpose of instruction or research, or to explosive materials in the forms prescribed by the official United States Pharmacopoeia or the National Formulary and used in medicines and medicinal agents;

(3) The normal and emergency operations of any government, including all departments, agencies and divisions thereof, provided they are acting in their official capacity and in the proper performance of their duties or functions;

(4) Explosive materials for delivery to any government or any departments, agencies and divisions thereof;

(5) Pyrotechnics commonly known as fireworks, including signaling devices such as flares, fuses and torpedoes;

(6) Small arms ammunition and components therefor, which are subject to the Gun Control Act of 1968 [18 U.S.C. § 921 et seq.] and regulations promulgated thereunder;

(7) Gasoline, fertilizers and propellant-actuated power devices or tools;

(8) Any type of black powder in quantities of less than 5 pounds.
16 Del. C. § 6642 — Delaware Code / Title 16 / Chapter 66 / Subchapter V / Section 6642
§ Â
        6642. Inspection and maintenance of fire alarm signaling systems.
Status: in_force

(a) The owner shall ensure that the fire alarm signaling system is inspected and tested in accordance with the State Fire Prevention Regulations.

(b) The owner shall ensure that the fire alarm signaling system is maintained per manufacturer’s specifications.
16 Del. C. § 2510A — Delaware Code / Title 16 / Chapter 25A / Section 2510A
§ Â
        2510A. Recognition of medical orders from other states.
Status: in_force

A document executed in another state, which meets the requirements of this chapter for a DMOST form or the requirements of the state where such document was executed or the state where the patient was a resident at the time the document was executed, shall be deemed to be valid for the purposes of this chapter to the same extent as a DMOST form valid under this chapter.
16 Del. C. § 141 — Delaware Code / Title 16 / Chapter 1 / Subchapter III / Section 141
§ Â
        141. Establishment and supervision.
Status: in_force

The Secretary or the Secretary’s designee may establish and supervise a pathological and bacteriological laboratory and equip it with any appliances necessary to make it safe and reliable. It shall be used to accomplish any or all means of protecting the citizens of the State against the spread of disease.
16 Del. C. § 3132 — Delaware Code / Title 16 / Chapter 31 / Subchapter II / Section 3132
§ Â
        3132. Fee for issuance of certificates and searches.
Status: in_force

(a) The State Registrar shall receive a fee not to exceed $25 for each certified or noncertified copy of a certificate or record, or for a search of the files or records when no copy is made, or for a copy or information provided for research, statistical or administrative purposes. The fee shall be established by the State Board to reflect the costs of doing such work.

(b) The fee charged for each certified copy of a marriage license/certificate shall be $25, except that upon production of a valid military identification card, active members of the military and their spouses shall be exempt from paying such fee. This fee shall be collected by the Bureau of Vital Statistics or the Clerk of the Peace, whichever agency issues the certified copy. Each Clerk of the Peace and the Bureau of Vital Statistics shall file a semi-annual report of the fees collected with the Department of Revenue and shall deposit $15 from each fee for a certified marriage license/certificate copy into the Domestic Violence Fund, to be administered by the Criminal Justice Council. The Criminal Justice Council shall receive 5% of the annual revenues generated by the fee for administrative costs.

(c) The State Registrar shall upon request furnish any applicant with an heirloom certificate of birth for births registered in this State. Heirloom certificates shall be specially designed for framing and display. The name of the person shall be calligraphed on the heirloom certificate. The State Board shall receive a fee of $35 for heirloom certificates. The sum of $12.50 shall be retained by the Department of Health and Social Services to offset the cost of certificates in the Office of Vital Statistics. Any excess funds shall be deposited in a special account to be used for the Delaware Health Statistics Center.

(d) The State Registrar shall furnish free of charge to the relative of a veteran, 1 time, a certified copy of the veteran’s certificate of death providing that said certified copy is essential to the settlement of a claim involving the settlement of the veteran’s affairs. All other copies shall be issued at the statutory fee.

(e) Subject to § 3110 of this title, the federal agency responsible for national vital statistics and other vital statistics offices outside this State may obtain transcripts or copies of certificates, without payment of fees.

(f) The State Registrar shall keep an account of all fees received and turn the same over to the State Treasurer.

(g) An individual who presents a valid, unexpired, Delaware personal credential card, issued under § 8915 of Title 29, is exempt from any fee charged under this section for a certified copy of a certificate of birth.
16 Del. C. § 305 — Delaware Code / Title 16 / Chapter 3 / Section 305
§ Â
        305. Cleansing or closing unfit dwellings; recovery of expenses.
Status: in_force

(a) Any local board of health when satisfied after an examination that any cellar, room, tenement or building within its jurisdiction occupied as a dwelling place has become, by reason of the number of occupants or want of cleanliness or other cause, unfit for such purpose, and a cause of nuisance or sickness to the occupants or the public may direct the owner or owners, or occupants thereof, to have the premises properly cleansed, or if it see fit, may require the occupants to remove or quit the premises within such time as the local board deems reasonable.

(b) If the person or persons so notified neglect or refuse to comply with the direction of the local board, it may cause the premises to be properly cleansed at the expense of the owners or may remove the occupants forcibly and close up the premises. The premises shall not again be occupied as a dwelling place without permission, in writing, of the local board. If such owner or owners refuse to pay the expenses incident to the execution of such orders, the treasurer of the local board, or the city council, or town commissioners, shall recover the same with interest and costs from the person who ought to have paid the same, as debts of like amount are recoverable.
16 Del. C. § 3310 — Delaware Code / Title 16 / Chapter 33 / Section 3310
§ Â
        3310. Exceptions to adulteration or misbranding of food.
Status: in_force

An article of food which does not contain any added poisonous or deleterious ingredients is not deemed to be adulterated or misbranded in the following cases:

(1) In the case of mixtures or compounds known as articles of food under their own distinctive names and not an imitation of or offered for sale under the distinctive name of another article, if the name is accompanied on the same label or brand with a statement of the place where the article was manufactured or produced;

(2) In the case of articles labeled, branded or tagged so as to plainly indicate that they are compounds, imitations or blends and the word “compound,” “imitation” or “blend,” as the case may be, is plainly stated on the package in which it is offered for sale. The term “blend” as used in this subdivision shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only. Nothing in this chapter shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except insofar as the provisions of this chapter require in order to secure freedom from adulteration or misbranding.
16 Del. C. § 7112 — Delaware Code / Title 16 / Chapter 71 / Section 7112
§ Â
        7112. Transportation.
Status: repealed

It shall be unlawful for any person to transport explosive materials in violation of the regulations relating to the transportation of explosive materials. Issuing authorities are authorized to issue regulations covering the transportation of explosive materials in their areas of jurisdiction. Compliance with applicable regulations of the United States Department of Transportation issued pursuant to 18 U.S.C. §§ 831 through 835 [18 U.S.C. §§ 832-835 repealed], and such other federal regulations as exist or are adopted from time to time, shall be deemed compliance with this chapter and the regulations issued hereunder.
16 Del. C. § 6657 — Delaware Code / Title 16 / Chapter 66A / Section 6657
§ Â
        6657. Payment of pension.
Status: in_force

No pension payment shall be made under this chapter prior to July 1, 1988, thereafter pension payments shall be made beginning with the month in which the member becomes eligible to receive such pension and ending with the month in which the member dies.
16 Del. C. § 2510 — Delaware Code / Title 16 / Chapter 25 / Section 2510
§ Â
        2510. Relationship of advance mental health-care directive and other advance health-care directive.
Status: in_force

(a) If a direction in an advance mental health-care directive of an individual conflicts with a direction in another advance health-care directive of the individual, the later direction revokes the earlier direction to the extent of the conflict.

(b) An appointment of an agent to make decisions only for mental health care for an individual does not revoke an earlier appointment of an agent to make other health-care decisions for the individual. A later appointment revokes the authority of an agent under the earlier appointment to make decisions about mental health care unless otherwise specified in the power of attorney making the later appointment.

(c) An appointment of an agent to make health-care decisions for an individual other than decisions about mental health care made after appointment of an agent authorized to make only mental health-care decisions does not revoke the appointment of the agent authorized to make only mental health-care decisions.
16 Del. C. § 5175 — Delaware Code / Title 16 / Chapter 51 / Subchapter VI / Section 5175
§ Â
        5175. Informed consent required.
Status: in_force

(a) No patient may participate in any pharmaceutical research, investigation or experiment unless and until the patient has given the patient’s informed consent.

(b) Informed consent shall be in writing and each patient shall be given a copy of the patient’s signed consent form.

(c) Informed consent must be voluntary, that is, free of any coercion by anyone, including the hospital. Patients shall be advised both verbally and in writing that no threats, promises, special privileges or payments of any kind will be made for their participation in pharmaceutical research. Participating patients shall be informed both verbally and in writing that they may withdraw from the research at any time. No pressure of any kind shall be exerted upon any patient to continue research from which the patient wishes to withdraw.

(d) Any patient participating in double blind research shall be advised both verbally and in writing that the patient may receive a placebo for the duration of the research instead of medication. The term “placebo” shall be fully defined both verbally and in writing.

(e) Patients shall be encouraged to consult with family, friends and/or physicians prior to signing any consent form and entering the research program.

(f) No patient shall be approached to participate in pharmaceutical research if patient is incapable of understanding the nature and consequences of patient’s consent.

(g) All discussions leading to the agreement of a patient to participate in research, including the signing of the consent form, shall be witnessed by at least 1 health-care professional who will receive no financial benefit from the research. Such independent witness shall be qualified to determine whether the patient is competent to consent to participate and whether informed consent was freely given. The presence of the witness shall be noted on the consent form.

(h) The explanation of the proposed research to the patient shall include any explanation of the procedures to be followed and their purposes, a description of any attendant discomforts and risks reasonably to be expected, a description of any benefits reasonably to be expected, a disclosure of any appropriate alternative procedures that might be advantageous to the patient and an offer to answer any inquiries concerning the procedures.
16 Del. C. § 195 — Delaware Code / Title 16 / Chapter 1 / Subchapter IX / Section 195
§ Â
        195. Division of Public Health; use of funds.
Status: in_force

The Division of Public Health may use any money appropriated to it for the purpose of improving the health of mothers, expectant mothers and infants, for related research, and for other purposes related to the prevention and improvement of the health of mothers, expectant mothers and infants.
16 Del. C. § 1144 — Delaware Code / Title 16 / Chapter 11 / Subchapter IV / Section 1144
§ Â
        1144. Influenza immunizations.
Status: repealed

(a) Nursing and assisted living facilities shall annually offer, beginning no later than October 1 and extending through March 1 of a calendar year, onsite vaccinations for influenza vaccine to all employees with direct contact with patients at no cost and contingent upon availability of the vaccine.

(b) The facility shall keep on record a signed statement from each employee stating that the employee has been offered vaccination against influenza and has either accepted or declined such vaccination.

(c) [Repealed.]
16 Del. C. § 310 — Delaware Code / Title 16 / Chapter 3 / Section 310
§ Â
        310. Abatement of nuisances.
Status: in_force

(a) Each local board of health may direct:

(1) That any noisome matter whether vegetable, animal or otherwise within the boundaries of its respective city or town or within 1 mile thereof or any vessel then having or having recently had any contagious disease on board which according to the opinion of the local board may be the occasion of sickness or ill health be removed or remedied by the person to whom the same belongs, or in whose possession, or upon whose property it is;

(2) That any place in such city or town or within 1 mile of the boundaries thereof being in such filthy or noxious state that according to the opinion of the local board it may be the occasion of sickness or ill health be cleansed by such persons to whom the same belongs, or in whose possession it is;

(3) That any reservoir of stagnant water or other nuisance or unwholesome thing in such city or town, or within 1 mile of the boundaries thereof which according to the opinion of the local board may be the occasion of sickness or ill health, be abated, removed or remedied by the person to whom the same belongs or in whose possession or on whose property it is; and

(4) It may remove any hogpens in such city or town which in the opinion of the local board it is deemed necessary or conducive to public health to remove.

(b) If it appears to the local board that any of the nuisances mentioned in this section are caused or produced by any person or persons other than those on whose premises the nuisances exist or that the nuisance or nuisances are caused or produced by water or filthy noisome or unwholesome matter flowing or running from the premises of any other person or persons or from premises which may be in that person’s or those persons’ occupation, the local board shall then give directions to cleanse, remove, abate or remedy the same to the person or persons causing or producing such nuisance or nuisances or to the person or persons from whose premises or from premises which may be in that person’s or those persons’ occupation the same shall flow or run.

(c) Where the Secretary of Health and Social Services determines, in accordance with subchapter II of Chapter 16 of Title 24, that a public nuisance exists, the Secretary shall have all the powers granted by this chapter to local boards of health. The Secretary may also apply to a court under §§ 311, 312 and any other sections of this title to enter the premise and remove health hazards, and to do any other act permitted a local board of health, so long as such act is consonant with the provisions and intent of said subchapter II of Chapter 16 of Title 24.
16 Del. C. § 6633 — Delaware Code / Title 16 / Chapter 66 / Subchapter IV / Section 6633
§ Â
        6633. Smoke detector installation; other residential occupancies.
Status: in_force

(a) Each lodging, rooming or boarding house; hotel, motel, bed and breakfast facility; dormitory; apartment or multi-family dwelling; board and care facility; or a residential occupancy by any other name shall have smoke detection devices and/or smoke detection systems installed in conformance to the standards of the State Fire Prevention Regulations and the building codes pursuant to the specifications for the individual occupancies or use.

(b) Where there is a conflict between installation requirements, this section shall be interpreted to require the more strict of the installation specifications, for a particular occupancy.

(c) All required smoke detection devices and/or smoke detection systems listed in subsection (a) of this section, except as otherwise specified herein, shall be inter-connected, so that operation of any smoke detection device shall cause the alarm-sounding devices in all smoke detection devices within the building, occupancy or within a separate zoned area to sound; or that will initiate the building fire alarm system to provide an audible warning to all occupants of the building, and all such smoke detection devices and/or systems shall be hard-wired into the electric system of the building, in accordance with the National Electric Code.

(d) With approval of the Fire Marshal, smoke detection devices in individual sleeping rooms may be excepted from the requirement that smoke detection devices be interconnected if such building or occupancy is provided with an automatic smoke detection system in the hallways, corridors or stairwells, or is connected to a building fire alarm system which will activate an alarm which is sufficiently audible to warn the occupants of the building of the impending danger of fire or hazard to life.

(e) For all buildings or occupancies which under subsection (a) of this section are required to install smoke detection devices and/or smoke detection systems, and for such buildings or occupancies that do not have an auxiliary, emergency or back-up power system in accordance with State Fire Prevention Regulations, each smoke detection device or smoke detection system shall utilize the type of smoke detection device that has a built-in battery back-up power supply.

(f) The plans and specifications for all smoke detection devices and/or systems required by this subsection shall be submitted to the State Fire Marshal’s Office, prior to installation, for review and approval in accordance with § 6612 of this title.
16 Del. C. § 6810 — Delaware Code / Title 16 / Chapter 68 / Subchapter II / Section 6810
§ Â
        6810. Definitions.
Status: in_force

(a) As used in this subchapter:

(1) “Action” shall include nonaction or the failure to take action.

(2) “Authorized agencies” shall mean:

a. The State Fire Marshal, or the Marshal’s equivalent in any political subdivision of the State, when authorized or charged with the investigation of fires at the place where the fire actually took place;

b. The State Police or police of a duly organized county or municipal police agency;

c. The Department of Justice of the State;

d. County law departments or the solicitor of a municipality;

e. The Federal Bureau of Investigation or any other federal agency;

f. The United States Attorney’s Office when authorized or charged with investigation or prosecution of the fire in question.

(3) “Immune” shall mean that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this subchapter where actual malice on the part of the insurance company or authorized agency against the insured is not present.

(4) Material will be “deemed important,” if within the sole discretion of the “authorized agency,” such material is requested by that “authorized agency”.

(5) “Relevant” shall mean information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.

(b) As used in this section “insurance company” includes the Insurance Placement Facility of Delaware (FAIR Plan).
16 Del. C. § 6644 — Delaware Code / Title 16 / Chapter 66 / Subchapter V / Section 6644
§ Â
        6644. Excessive false alarms prohibited.
Status: in_force

(a) Owners of a premise protected by a fire alarm signaling system shall not cause more than 3 false alarms within a calendar year.

(b) The State Fire Marshal will record the number of Alarm Activation Reports for each premise.

(c) An owner that is in violation of subsection (a) of this section will be subject to a civil penalty as follows:

(1) Fourth alarm: $100 civil penalty.

(2) Fifth alarm: $200 civil penalty.

(3) Sixth and subsequent alarms: $250 civil penalty for each offense.

(d) The term “calendar year” shall be January 1, 2004, through December 31, 2004, for the first year and shall be January 1 through December 31 for each subsequent year.
16 Del. C. § 7901 — Delaware Code / Title 16 / Chapter 79 / Section 7901
§ Â
        7901. Purpose.
Status: in_force

The basic plumbing principles contained in this chapter shall act as the basis for the formation of all detailed plumbing regulations adopted by the Division of Public Health, local or district boards of health or city councils.
16 Del. C. § 1142 — Delaware Code / Title 16 / Chapter 11 / Subchapter IV / Section 1142
§ Â
        1142. Mandatory drug screening.
Status: in_force

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

(b) All applicants must submit to mandatory drug screening, as specified by regulations promulgated by the Department.

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

(1) Marijuana/cannabis.

(2) Cocaine.

(3) Opiates.

(4) Phencyclidine (“PCP”).

(5) Amphetamines.

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

(d) An agency, including temporary agencies, must provide the drug screening results it receives regarding an applicant referred to work in a facility to that particular facility so that the facility is better able to make an informed decision whether to accept the referral.

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

(f) Any employer who fails to comply with the requirements of this section is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
16 Del. C. § 126 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 126
§ Â
        126. Regulations and orders of Department and Secretary â Effect; distribution.
Status: in_force

(a) Regulations and orders promulgated or issued by the Department of Health and Social Services in accordance with authority conferred upon it have the force and effect of law and supersede all local ordinances and regulations which are inconsistent therewith.

(b) Municipalities and local public health officials may with the consent and approval of the Secretary of the Department of Health and Social Services or the Secretary’s designee adopt such ordinances or regulations in addition to the regulations or orders of the Secretary of the Department of Health and Social Services or the Secretary’s designee as are consistent with the law and the purposes set forth in this chapter.

(c) The Department must promulgate regulations in accordance with the procedures under the Administrative Procedures Act, Chapter 101 of Title 29.
16 Del. C. § 926 — Delaware Code / Title 16 / Chapter 9 / Subchapter II / Section 926
§ Â
        926. Finding of abuse or neglect in child welfare proceeding; binding effect.
Status: in_force

In every child welfare proceeding brought by the Department or in which the Department is a party and in which the Department has requested a finding of abuse or neglect and entry on the Registry, the Family Court shall make findings pursuant to § 925A of this title. The findings of the Family Court are final and binding, and work as issue or claim preclusion for the same incident of abuse or neglect in substantiation proceedings.
16 Del. C. § 6604D — Delaware Code / Title 16 / Chapter 66D / Section 6604D
§ Â
        6604D. Required qualifications of individual testers of fire/smoke dampers.
Status: in_force

(a) The Delaware State Fire Prevention Commission shall establish and administer a program to review and approve third-party inspection training and certification programs to ensure conformance to the minimum qualifications set forth in this section.

(b) Inspections and tests under this section shall be performed by a qualified inspector. For the purposes of this section a “qualified inspector” means either of the following:

(1) Authorized state or local fire department personnel.

(2) A technician possession certification from the International Certification Board as a HVAC fire life safety technician or through an equivalent certification program accredited under the ISO/IEC 17024 personnel certification standard and that is employed and supervised by a contractor that maintains current workers’ compensation insurance coverage.
16 Del. C. § 3043F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3043F
§ Â
        3043F. Inspections of facilities and premises; suspension of kennel or retail dog outlet license.
Status: in_force

(a) Animal welfare officers are hereby authorized to inspect the facilities for which a kennel or retail dog outlet license is sought or obtained during normal business hours or by appointment for the purpose of ascertaining whether the facilities satisfy the requirements specified in § 3044F of this title for the humane handling, care and treatment of dogs. No person may refuse admittance to an animal welfare officer for the purpose of making inspections.

(b) Any animal welfare officer having probable cause to believe a violation of § 3044F of this title has or is taking place may enter upon the premises of the owner or custodian of any dog subject to such violation for purposes of investigating whether a violation of § 3044F of this title has occurred, provided that the investigation can be conducted without the animal welfare officer having to enter a dwelling house or other structure used in connection therewith. An animal welfare officer may enter into a dwelling house or other structure only under either of the following circumstances:

(1) With the permission of the owner or occupant of the dwelling house or other structure.

(2) Pursuant to a legally obtained search warrant.

(c) If, upon inspection or investigation, the premises or facilities are found not to satisfy the requirements specified in § 3044F of this title for the humane handling, care, and treatment of dogs, the operator of such premises or facilities shall be issued a warning identifying the deficiencies. Such operator shall have a warning period of a minimum of 10 business days to bring the premises or facility into compliance with § 3044F of this title, but the Department may extend the warning period by up to 60 days. If, upon expiration of the warning period, such premises or facilities have not been brought into compliance, the operator shall be fined in accordance with the terms specified in § 107(a) of this title. The Department may also issue an order suspending the kennel license or retail dog outlet license, if any, until the cited deficiencies are remedied. The licensee is entitled to an administrative review of such order as established by the Department in accordance with the Administrative Procedures Act (§ 10101 et seq. of Title 29).

(d) Whenever the Department suspends a license in accordance with this section, an animal welfare officer may seize and impound any dog in possession, custody, or care of the person whose license is suspended if there are reasonable grounds to believe that the dog’s health, safety, or welfare is endangered.
16 Del. C. § 4903 — Delaware Code / Title 16 / Chapter 49 / Section 4903
§ Â
        4903. Duties of Department.
Status: in_force

The Department of Health and Social Services shall:

(1) Adopt regulations which prescribe minimum standards for manufacturers in preparing, compounding, processing or packaging laetrile (amygdalin, Vitamin B-17);

(2) Conduct inspections of manufacturers of laetrile (amygdalin, Vitamin B-17);

(3) Establish reasonable fees, to be collected from the manufacturer, for the purpose of paying the costs of the inspections.
16 Del. C. § 167 — Delaware Code / Title 16 / Chapter 1 / Subchapter V / Section 167
§ Â
        167. Indigent children with physical disabilities program â Duties of State Treasurer upon receipt of federal funds.
Status: in_force

In the event of the receipt of funds from the federal government or from other sources for the purposes of § 165 or 166 of this title the State Treasurer shall:

(1) Receive such funds;

(2) Act as custodian of such funds;

(3) Keep them in a special account to be known as the “Fund for Children With Physical Disabilities;” and

(4) Disburse these funds upon orders signed by the Secretary or the Secretary’s designee.
16 Del. C. § 2415 — Delaware Code / Title 16 / Chapter 24 / Section 2415
§ Â
        2415. Employee rights.
Status: in_force

(a) Employees that may be exposed to hazardous chemicals shall be informed of such exposure and shall have access to the workplace chemical list and material safety data sheets for the hazardous chemicals. In addition, employees shall receive training on the hazards of the chemicals and on measures they can take to protect themselves from those hazards and shall be provided appropriate personal protective equipment. These rights are guaranteed on the effective date of these subsections providing the information or action.

(b) No employer shall discharge, or cause to be discharged, or otherwise discipline or in any manner discriminate against an employee because the employee has filed a complaint, assisted an inspector of the Department who may make or is making an inspection under § 2413 of this title, or has instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise of any rights afforded pursuant to this chapter on behalf of the employee or on behalf of others, nor shall pay, position, seniority or other benefits be lost for exercise of any right provided by this chapter.

(c) Any waiver by an employee of the benefits or requirements of this chapter shall be against public policy and be null and void. Any employer’s request or requirement that an employee waive any rights under this chapter as a condition of employment shall constitute a violation.
16 Del. C. § 2403 — Delaware Code / Title 16 / Chapter 24 / Section 2403
§ Â
        2403. Definitions.
Status: in_force

(a) “Chemical manufacturer” shall mean an employer in Standard Industrial Classification (SIC) Codes 20 through 39 with a workplace where chemicals are produced for use or distribution.

(b) “Chemical name” shall mean the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts Service (CAS) rules of nomenclature or a name which will clearly identify the chemical for the purpose of conducting a hazard evaluation.

(c) “Common name” shall mean any designation or identification such as code name, code number, trade name, brand name or generic name used to identify a chemical other than by its chemical name.

(d) “Designated representative” shall mean the individual or organization to whom an employee gives written authorization to exercise such employee’s rights under this chapter. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization.

(e) “Distributor” shall mean any business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distributors or to purchasers.

(f) “Employee” shall mean any person who may be exposed to hazardous chemicals in that person’s workplace under normal operating conditions or foreseeable emergencies. Office workers, grounds maintenance, security and nonresident management personnel are not included unless their job performances routinely involve potential exposure to hazardous chemicals. For the purposes of this chapter, “employee” includes persons working for the State and its political subdivisions, as well as members of volunteer emergency service organizations.

(g) “Expose or exposure” means that an employee is subjected to a hazardous chemical in the course of employment through any route of entry (inhalation, ingestion, skin contract or absorption, etc.) and includes potential (e.g., accidental or possible) exposure.

(h) “Hazardous chemical” shall mean any element, chemical compound or mixture of elements and/or compounds which is a physical hazard or health hazard as defined by the OSHA standard in 29 C.F.R. § 1910.1200(c) or a hazardous substance as defined by the OSHA standard in 29 C.F.R. § 1910.1200(d)(3).

(i) “Label” shall mean any written, printed or graphic material displayed on or affixed to containers of hazardous chemicals.

(j) “Manufacturing employer” shall mean an employer with a workplace classified in SIC Codes 20 through 39 who manufactures or uses a hazardous chemical.

(k) “Material safety data sheet (MSDS)” shall mean a document containing chemical hazard and safe handling information, provided that, after November 25, 1985, MSDS shall mean a document prepared in accordance with the requirements of the OSHA standard for such document.

(l) “Nonmanufacturing employer” or “employer” shall mean an employer with a workplace in a SIC Code, other than 20 through 39, the State, its political subdivisions, and all volunteer emergency service organizations.

(m) “OSHA standard” shall mean the hazard communication standard issued by the Occupation Safety and Health Administration in 48 Federal Register 53280 et seq. (November 25, 1983), to be codified under Title 29 of the Code of Federal Regulations (C.F.R.) Part 1910.1200.

(n) “Secretary” shall mean the Secretary of the Department of Health and Social Services.

(o) “Work area” shall mean a room or defined space in a workplace where hazardous chemicals are produced or used, and where employees are present.

(p) “Workplace” shall mean an establishment at 1 geographical location containing 1 or more work areas.

(q) “Workplace chemical list” shall mean the list of hazardous chemicals developed pursuant to § 2406 of this title or subsection (e)(i) of the OSHA standard [29 C.F.R. 1910.1200(e)(i)].
16 Del. C. § 3016F — Delaware Code / Title 16 / Chapter 30F / Subchapter II / Section 3016F
§ Â
        3016F. Preadoption spay/neuter mandate.
Status: repealed

(a) Except as provided in subsection (b) of this section, cats and dogs must be spayed or neutered and inoculated for rabies, or have a valid exemption from vaccination under § 8204 of Title 3, prior to adoption from any of the following:

(1) A private animal welfare or rescue agency, group, or organization.

(2) Any adoption clinic endorsed, operated, managed, or sponsored by an animal welfare or rescue agency, organizations, commercial enterprises or private parties or combination thereof.

(3) An animal shelter as defined herein.

(b) Following a medical examination, if a veterinarian determines that an animal cannot safely or humanely undergo a spay/neuter procedure, the animal shall be exempt from the spay/neuter requirement.

(1), (2) [Repealed.]
16 Del. C. § 4787 — Delaware Code / Title 16 / Chapter 47 / Subchapter VI / Section 4787
§ Â
        4787. Education and research.
Status: in_force

(a) The Secretary shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs the Secretary may:

(1) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;

(2) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;

(3) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;

(4) Evaluate procedures, projects, techniques and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;

(5) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them;

(6) Assist in the education and training of state and local law-enforcement officials in their efforts to control misuse and abuse of controlled substances; and

(7) Require such evidence of completion of courses of professional education requirements needed for registration, or subsequent renewal of registration, as the Secretary deems appropriate.

(b) The Secretary shall encourage research on misuse and abuse of controlled substances. In connection with the research and in furtherance of the enforcement of this chapter the Secretary may:

(1) Establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse;

(2) Make studies and undertake programs of research to:

a. Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this chapter;

b. Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and

c. Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances; and

(3) Enter into contracts with public agencies, institutions of higher education and private organizations or individuals for the purpose of conducting research, demonstrations or special projects which bear directly on misuse and abuse of controlled substances.

(c) The Secretary may enter into contracts for educational and research activities without performance bonds.

(d) The Secretary may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization are not compelled in any civil, criminal, administrative, legislative or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.

(e) The Secretary may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization.
16 Del. C. § 6005 — Delaware Code / Title 16 / Chapter 60 / Section 6005
§ Â
        6005. Audit of funds.
Status: in_force

The funds received or retained pursuant to this chapter shall be audited from time to time by the Auditor of Accounts.
16 Del. C. § 3133 — Delaware Code / Title 16 / Chapter 31 / Subchapter II / Section 3133
§ Â
        3133. Reports of induced termination of pregnancy.
Status: in_force

Each induced termination of pregnancy which occurs in this State, regardless of the length of gestation, shall be reported to the Delaware Health Statistics Center within the Division of Public Health by the person in charge or a designated representative of the institution or abortion facility in which the induced termination of pregnancy was performed. If the induced termination of pregnancy was performed outside an institution or abortion facility, the attending physician shall prepare and file the report. Such reporting shall occur within 30 days after the end of the month in which the induced termination of pregnancy was performed. These reports are to be used only for purposes of statistical analysis and shall not be incorporated into the permanent official records of the system of vital statistics. The reporting form shall include only those items recommended by the federal agency responsible for national vital statistics except that it shall not include any item that allows identification of patients or physicians. Furthermore, no statistical analysis shall be released which identifies the reporting institution or abortion facility.
16 Del. C. § 3003H — Delaware Code / Title 16 / Chapter 30H / Section 3003H
§ Â
        3003H. Physical changes or improvements.
Status: in_force

This chapter does not require a retail establishment to make any physical changes or improvements to an employee restroom facility located on the premises.
16 Del. C. § 3503 — Delaware Code / Title 16 / Chapter 35 / Section 3503
§ Â
        3503. Issuance of certificate of inspection.
Status: in_force

The Department of Health and Social Services shall, on October 1 in each year, furnish to each person operating a factory affected by this chapter, who has complied with this chapter during the year immediately preceding October 1, a certificate of inspection under the hand of the Department of Health and Social Services setting forth that such factory has been inspected and all laws, rules and regulations for the year immediately preceding the date of the certificate have been fully complied with.
16 Del. C. § 133 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 133
§ Â
        133. Cancer; Delaware Cancer Consortium.
Status: in_force

(a) The Division of Public Health may use any money appropriated to it for the purpose of the detection of cancer, for research in cancer and for other purposes related to cancer prevention and control.

(b) The Delaware Cancer Consortium (“Consortium”) shall coordinate cancer prevention and control activities in the State of Delaware. The Consortium will:

(1) Provide advice and support to state agencies, cancer centers, cancer control organizations and health care practitioners regarding their role in reducing mortality and morbidity from cancer.

(2) Facilitate collaborative partnerships among public health agencies, cancer centers and all other interested agencies and organizations to carry out recommended cancer control strategies.

(3) On at least a biennial basis, analyze the burden of cancer in Delaware and progress toward reducing cancer incidence and mortality.

(c) The Consortium’s priorities and advocacy agenda shall be dictated by the recommendations contained in “Turning Commitment Into Action — Recommendations of the Advisory Council on Cancer Incidence and Mortality,” published in April, 2002.

(d) The Consortium’s permanent membership shall be as follows:

(1) Two representatives of the Delaware House of Representatives and 2 representatives of the Delaware State Senate (1 selected by each caucus);

(2) One representative of the Governor’s office;

(3) The Secretary of the Department of Health and Social Services or the Secretary’s designee;

(4) One representative of the Department of Natural Resources and Environmental Control;

(5) One representative of the Medical Society of Delaware to be appointed by the Governor;

(6) One professor from Delaware State University or the University of Delaware, to be appointed by the Governor;

(7) Two physicians with relevant medical knowledge, to be appointed by the Governor;

(8) One representative of a Delaware hospital cancer center to be appointed by the Governor;

(9) Three public members with relevant professional experience and knowledge, to be appointed by the Governor.

(e) Appointees to the Consortium shall serve at the pleasure of the person or entity that appointed them.

(f) The Consortium’s permanent members may enact procedures to appoint additional persons to the Consortium.

(g) The Consortium shall have a chair and a vice-chair, to be appointed from among the permanent members by the Governor and to serve at the pleasure of the Governor. Staff support for the Consortium shall be provided by the Delaware Division of Public Health.
16 Del. C. § 3107 — Delaware Code / Title 16 / Chapter 31 / Subchapter I / Section 3107
§ Â
        3107. Reproduction of vital records; official seal for certification.
Status: in_force

(a) To preserve vital records, the State Registrar is authorized to prepare typewritten, photographic, electronic or other reproductions of certificates or reports in the Office of Vital Statistics. Such reproductions when certified by the State Registrar shall be accepted as the original records.

(b) The Department shall adopt an official seal for purposes of certification. Every certificate or other official paper executed by the State Registrar, in pursuance of any authority conferred by law, and bearing the seal of the Department shall be received as evidence when duly certified by the Department, under its seal, with the same force and effect as the original would, in law, be entitled to if produced in open court.
16 Del. C. § 4722 — Delaware Code / Title 16 / Chapter 47 / Subchapter II / Section 4722
§ Â
        4722. Schedule V.
Status: in_force

(a) The controlled substances listed in this section are included in Schedule V.

(b) Any compound, mixture or preparation containing limited quantities of any of the following narcotic drugs, which also contains 1 or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

(1) Not more than 200 milligrams of codeine or any of its salts per 100 milliliters or per 100 grams;

(2) Not more than 100 milligrams of dihydrocodeine or any of its salts per 100 milliliters or per 100 grams;

(3) Not more than 100 milligrams of ethylmorphine or any of its salts per 100 milliliters or per 100 grams;

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;

(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; and

(6) Not more than 0.5 milligram and no less than 24 micrograms of atropine sulfate per dosage unit.

(c) Buprenorphine and its salts.
16 Del. C. § 1202 — Delaware Code / Title 16 / Chapter 12 / Subchapter I / Section 1202
§ Â
        1202. Informed consent required to obtain genetic information.
Status: in_force

(a) No person shall obtain genetic information about an individual without first obtaining informed consent from the individual.

(b) The requirements of this section shall not apply to genetic information obtained:

(1) By a state, county, municipal or federal law-enforcement agency for the purposes of establishing the identity of a person in the course of a criminal investigation or prosecution;

(2) To determine paternity;

(3) Pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29;

(4) To determine the identity of deceased individuals;

(5) For anonymous research where the identity of the subject will not be released;

(6) Pursuant to newborn screening requirements established by state or federal law; or

(7) As authorized by federal law for the identification of persons.
16 Del. C. § 3121A — Delaware Code / Title 16 / Chapter 31 / Subchapter II / Section 3121A
§ Â
        3121A. Certificate of birth resulting in stillbirth.
Status: in_force

(a) The State Registrar of Vital Statistics shall issue a certificate of birth resulting in stillbirth upon the request of and payment of a fee by either parent of the stillborn child or any other individual with a direct interest in such record under § 3110 of this title.

(b) The certificate of birth resulting in stillbirth must contain all of the following:

(1) The date of the stillbirth.

(2) The place in which the stillbirth occurred. If the place of stillbirth is unknown, a certificate of birth resulting in stillbirth must record the location where such stillborn child was found as the place of stillbirth. If stillbirth occurs in a moving conveyance, the certificate of birth resulting in stillbirth must record the location where the stillborn child was first removed from such conveyance as the place of stillbirth.

(3) Upon the request of and payment of a fee by a parent of the stillborn child or other individual with a direct interest in such record under § 3110 of this title, the State Registrar of Vital Statistics shall reissue a stillbirth certificate filed with the State Registrar before February 9, 2018, as a certificate of birth resulting in stillbirth.
16 Del. C. § 3111 — Delaware Code / Title 16 / Chapter 31 / Subchapter I / Section 3111
§ Â
        3111. Penalties.
Status: in_force

(a) A fine of not more than $10,000, or imprisonment of not more than 5 years, or both, shall be imposed on:

(1) Any individual who wilfully and knowingly makes any false statement in a certificate, record or report required by this chapter, or in an application for an amendment thereof, or in an application for a certified copy of a vital record, or who wilfully and knowingly supplies false information intending that such information be used in the preparation of any such report, record or certificate, or amendment thereof; or

(2) Any individual who without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends or mutilates any certificate, record or report required by this chapter or a certified copy of such certificate, record or report; or

(3) Any individual who wilfully and knowingly obtains, possesses, uses, sells, furnishes or attempts to obtain, possess, use, sell or furnish to another, for any purpose of deception, any certificate, record or report required by this chapter or certified copy thereof so made, counterfeited, altered, amended or mutilated, or which is false in whole or in part or which relates to the birth of another person, whether living or deceased; or

(4) Any employee of the State who wilfully and knowingly furnishes or processes a certificate, or certified copy of a certificate, with the knowledge or intention that it be used for the purposes of deception; or

(5) Any individual who without lawful authority possesses any certificate, record or report, required by this chapter or a copy or certified copy of such certificate, record or report knowing same to have been stolen or otherwise unlawfully obtained.

(b) A fine of not more than $1,000, or imprisonment of not more than 1 year, or both, shall be imposed on:

(1) Any individual who wilfully and knowingly refuses to provide information required by this chapter or regulations adopted hereunder; or

(2) Any individual who wilfully and knowingly transports or accepts for transportation, interment or other disposition a dead body without an accompanying permit as provided in this chapter or regulations adopted hereunder; or

(3) Any individual who wilfully and knowingly neglects or violates any of the provisions of this chapter or regulations adopted hereunder or refuses to perform any of the duties imposed upon the individual by this chapter or regulations adopted hereunder.
16 Del. C. § 3020F — Delaware Code / Title 16 / Chapter 30F / Subchapter II / Section 3020F
§ Â
        3020F. Veterinarian services tax credit.
Status: repealed

Repealed by 76 Del. Laws, c. 284, § 10, effective Dec. 31, 2008.
16 Del. C. § 6615 — Delaware Code / Title 16 / Chapter 66 / Subchapter II / Section 6615
§ Â
        6615. State Fire Marshalâs Advisory Board.
Status: in_force

For the purpose of advising and making recommendations to the State Fire Marshal in connection with any matters relating to the State Fire Marshal, there is hereby created the State Fire Marshal’s Advisory Board. The Advisory Board shall be comprised of 6 members appointed by the Delaware Volunteer Firefighters’ Association. Two members shall come from New Castle County, 2 from Kent County and 2 from Sussex County. Each member of the Advisory Board shall serve at the pleasure of the Delaware Volunteer Firefighters’ Association. The Advisory Board shall choose a Chairperson and shall meet thereafter at the call of the Chairperson of the Advisory Board, or the State Fire Marshal.
16 Del. C. § 9003 — Delaware Code / Title 16 / Chapter 90 / Section 9003
§ Â
        9003. Subsidy contract â Application.
Status: in_force

A written application by a health facilities corporation for a subsidy contract shall be submitted to the Department. The Department or, in the discretion of the Department, the Health Facilities Planning Council, Inc., shall review the application and make a recommendation to the issuing officers to approve or disapprove a subsidy contract. No subsidy contract shall be approved by the issuing officers without the favorable recommendation of the Department.
16 Del. C. § 1706 — Delaware Code / Title 16 / Chapter 17 / Section 1706
§ Â
        1706. Refuse from fowl and poultry dressing â Treatment.
Status: in_force

(a) The Department of Natural Resources and Environmental Control, by rules and regulations, shall prescribe the methods and means of treating any blood, garbage, carrion, offal, filth or other refuse from the dressing of fowl and poultry so as to remove the noisome or obnoxious nature thereof.

(b) Whoever dumps or otherwise deposits any blood, garbage, carrion, offal, filth or other refuse from the dressing of fowl and poultry upon any land or in any stream or other body of water within this State without first having treated the same in accordance with the rules and regulations prescribed by the Department of Natural Resources and Environmental Control, pursuant to the authority contained in subsection (a) of this section, shall be fined not less than $10 nor more than $50, with cost of suit, or imprisoned until the same be paid or until discharged by law.

(c) Any person convicted of violating this section, who shall not immediately remove the blood, garbage, carrion, offal, filth or other refuse from the dressing of fowl and poultry from the place where the same has been by that person dumped or otherwise deposited, is guilty of a separate and distinct offense for each day thereafter that the same has not been removed from the place where it has been so dumped or deposited by that person.
16 Del. C. § 9505 — Delaware Code / Title 16 / Chapter 95 / Section 9505
§ Â
        9505. Housing accommodations.
Status: in_force

(a) Persons who are blind, visually impaired or have physical disabilities shall be entitled to full and equal access as other members of the general public to all housing accommodations offered for rent, lease or compensation in this State, subject to the conditions and limitations established by law on all persons.

(b) “Housing accommodations” shall mean any real property or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of 1 or more human beings, but shall not include any accommodations not included within subsection (a) of this section or any single-family residence the occupants of which rent, lease or furnish for compensation not more than 1 room therein.

(c) Nothing in this section shall require any person renting, leasing or providing for compensation real property to modify such person’s property in any way or provide a higher degree of care for a person who is blind or visually impaired.

(d) Every person who is totally or partially blind who has a guide dog shall be entitled to full and equal access to all housing accommodations provided for in this section and the person who is totally or partially blind shall not be required to pay extra compensation for such guide dog, but shall be liable for any damage done to the premises by such a guide dog.
16 Del. C. § 3003D — Delaware Code / Title 16 / Chapter 30D / Section 3003D
§ Â
        3003D. Restrictions on use by minors.
Status: repealed

(a) A tanning facility shall not permit a minor to use a tanning device.

(b)-(d) [Repealed.]
16 Del. C. § 6607A — Delaware Code / Title 16 / Chapter 66 / Subchapter I / Section 6607A
§ Â
        6607A. Injunctive relief.
Status: in_force

The State Fire Prevention Commission may in its discretion bring an action in the Delaware Court of Chancery to temporarily restrain or enjoin any act or practice which constitutes a violation of an order of the State Fire Prevention Commission or of any provision of this chapter and to enforce compliance with any order of the State Fire Prevention Commission or provision of this chapter.
16 Del. C. § 5025 — Delaware Code / Title 16 / Chapter 50 / Section 5025
§ Â
        5025. Minors.
Status: in_force

(a) Except as otherwise provided, the provisions of this chapter pertaining to the care and release of persons age 18 and older shall apply with the same force and effect to persons under 18 years of age admitted to a designated psychiatric treatment facility or hospital, certified by the Secretary of the Department of Services for Children, Youth and Their Families as being appropriate for the diagnosis, care, and treatment of persons with mental illness under 18 years of age.

(b) All substantive and procedural rights provided to individuals pursuant to this chapter shall automatically transfer to the individual’s parents or legal guardian if the individual is a minor, unless specifically stated otherwise in this chapter. Even when such a transfer of rights occurs, all reasonable efforts shall be made to ensure the relevant rights and procedures are explained to the minor in language understandable to the minor.

(c) A psychiatrist or Emergency Detention of Juveniles Review Board designated by the Secretary of the Department of Services for Children, Youth and Their Families may conduct an independent review of a determination that a person under 18 years of age admitted to a designated psychiatric treatment facility or hospital pursuant to an emergency detention on the basis of the appearance of a mental condition, and whose mental condition causes the individual to be dangerous to self or dangerous to others. Such review may include an examination of the determinations made by juvenile mental health screeners in individual cases or in aggregate. The Department for Children, Youth and Their Families is authorized to establish regulations concerning the process and criteria for such determinations.
16 Del. C. § 1015 — Delaware Code / Title 16 / Chapter 10 / Subchapter I / Section 1015
§ Â
        1015. Confidentiality of proprietary information.
Status: in_force

Information obtained by the Secretary under this chapter shall be available to the public as provided in Chapter 100 of Title 29, unless the Secretary certifies such information to be proprietary. The Secretary may make such certification where any person shows to the satisfaction of the Secretary that the information, or parts thereof, if made public, would divulge methods, processes or activities entitled to protection as trade secrets or as confidential financial or commercial information. Nothing in this section shall be construed as limiting the disclosure of information by the Secretary to any officer, employee or authorized representative of the state or federal government to effectuate the purposes of this chapter. Furthermore, nothing in this section shall prevent the Secretary from including in the remedial decision record information concerning the cost of the remedy or the manner in which it is performed. Prior to disclosure of information certified by the Secretary to be proprietary to an authorized representative who is not an officer or employee of the state or federal government, the person providing the proprietary information may require the representative to sign an agreement prohibiting disclosure of such information to anyone not authorized by this chapter or the terms of the agreement. Such agreement shall not preclude disclosure by the representative to any state or federal government officer or employee concerned with effecting this chapter.
16 Del. C. § 5019 — Delaware Code / Title 16 / Chapter 50 / Section 5019
§ Â
        5019. Liability for maintenance of patient; collection remedies.
Status: in_force

(a) Any adult committed to or placed in a designated psychiatric treatment facility or hospital shall be liable for the cost of care, treatment, or both to the extent authorized by § 7940 of Title 29. If a minor is committed to or placed in a designated psychiatric treatment facility or hospital, liability for costs of care, treatment, or both shall conform to § 9019 of Title 29.

(b) The Department of Health and Social Services and Department of Services for Children, Youth and Their Families shall keep an account of the cost of care, treatment, or both and credit against the account all moneys received from the patient or other persons on the patient’s behalf.

(c) In the event of nonpayment, the Department of Health and Social Services and Department of Services for Children, Youth and Their Families may pursue collection remedies authorized by §§ 7940 and 9019, respectively, of Title 29.
16 Del. C. § 3048F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3048F
§ Â
        3048F. Dogs running at large.
Status: repealed

(a) (1) Unless exempted under this section, a dog may not run at large outside at any time. A dog must be secured by means of a leash that is capable of physically restraining the movement of the dog. A dog is not at large if it is within the real property limits of its owner, or on private property with permission, or within a vehicle being driven or parked.

(2) The following dogs are exempt from the leash requirements and need only be at heel or under reasonable control of a competent person and obedient to the person’s command.

a. Working dogs, which are dogs that are not merely pets but that learn and perform tasks to assist their human companions, and include dogs trained to hunt, herd, assist law enforcement or search and rescue personnel, or assist persons with disabilities, while actively engaged in performing such functions.

b. Dogs within a designated “off-leash” dog park or area, or within an area permitted by a governmental entity, including a municipality, and attended by the dog’s owner or custodian.

(3) Allowing a dog to run at large is a violation of this section and carries the following penalties:

a. For a first violation, a civil penalty of $50.

b. For a subsequent violation within 12 months of a prior violation, a civil penalty of $200. The minimum civil penalty for a subsequent violation may not be suspended.

(b), (c) [Repealed.]

(d) Whoever, being the owner, custodian, possessor, or harborer of any dog that while running at large and without provocation, bites a human being or domestic animal, provided the domestic animal was on the property of its owner or under the immediate control of its owner, will be penalized as follows:

(1) For a first violation, a civil penalty of $500.

(2) For a subsequent violation, a civil penalty of $1,000. The minimum civil penalty for a subsequent violation may not be suspended.

(e) [Repealed.]
16 Del. C. § 3003A — Delaware Code / Title 16 / Chapter 30A / Subchapter I / Section 3003A
§ Â
        3003A. Composition of certified nursing assistant training course and curriculum.
Status: in_force

All courses in this State offering certification to individuals as certified nursing assistants must meet the requirements of 42 C.F.R. Ch. IV § 483.152 and have the following:

(1) A student-to-teacher ratio of no greater than 24 students to 1 registered nurse instructor for the classroom portion of the training;

(2) A student-to-teacher ratio of no greater than 8 students to 1 registered nurse instructor or 8 students to 1 licensed practical nurse having at least 3 years experience and working under the supervision of a registered nurse for all clinical phases of the program; and

(3) A curriculum complying with requirements mandated by the Department through regulations promulgated pursuant to this subchapter.
16 Del. C. § 6861 — Delaware Code / Title 16 / Chapter 68 / Subchapter VIII / Section 6861
§ Â
        6861. Distribution of secure gun storage or safety devices.
Status: in_force

(a) A tax-exempt nonprofit organization or a law-enforcement agency that distributes a new secure gun storage or safety device free of charge to an individual is not liable for civil damages arising out of any injury to person or property proximately caused by an alleged defect in the design, manufacturing, maintenance, or operation of the secure gun storage or safety device.

(b) Subsection (a) of this section only applies where the tax-exempt nonprofit organization or the law-enforcement agency does all of the following:

(1) Distributes the secure gun storage or safety device in its original packaging and unopened.

(2) Provides to the recipient of the secure gun storage or safety device an information pamphlet about gun safety developed by a local or national gun safety organization or hospital.

(c) Nothing in this section is intended to limit any liability on the part of a manufacturer, distributor, or retailer of the secure gun storage or safety device.
16 Del. C. § 7932 — Delaware Code / Title 16 / Chapter 79 / Section 7932
§ Â
        7932. Sanitary maintenance.
Status: in_force

Plumbing systems shall be maintained in a sanitary condition.
16 Del. C. § 3005Q — Delaware Code / Title 16 / Chapter 30Q / Section 3005Q
§ Â
        3005Q. Penalties
Status: in_force

(a) Beginning July 1, 2026, a violation of § 3002Q, § 3003Q, or § 3004Q of this title or any rule or regulation promulgated thereunder shall be deemed a core item violation of the Delaware Food Code and subject to administrative penalty thereunder and under § 107 of Title 16.

(b) The license of a food establishment shall not be suspended or revoked solely for any single or reoccurring core item violation of § 3002Q, § 3003Q or § 3004Q of this title or any rule or regulation promulgated thereunder.
16 Del. C. § 6503 — Delaware Code / Title 16 / Chapter 65 / Section 6503
§ Â
        6503. Spark arrester for traction engines; penalty.
Status: in_force

(a) No owner of a traction engine shall use or operate such engine or suffer or permit the same to be used or operated unless there has been securely attached to the smokestack thereof a suitable and sufficient spark catcher or spark protector, which spark catcher or spark protector shall be of a conical or funnel shape and of a heavy wire material and of a mesh not larger than one eighth of an inch. No owner of a traction engine shall suffer or permit the engine to be operated without having the smokestack thereof securely protected by such spark protector.

(b) Any owner or operator of a traction engine failing or neglecting to provide the owner’s or operator’s engine with a spark protector shall be fined not more than $50.
16 Del. C. § 2208 — Delaware Code / Title 16 / Chapter 22 / Section 2208
§ Â
        2208. Licensing of treatment facility; regulations.
Status: in_force

(a) The Secretary, upon recommendation from the Division, shall approve the licensure of entities applying to be substance abuse treatment facilities and may designate certain facilities for treatment of individuals on an involuntary basis. Additionally, the Secretary may restrict, condition, limit and/or set the term of the license of a treatment facility as may be reasonable or prudent. In the case of treatment facilities for minors, the Secretary of the Department of Services for Children, Youth and Their Families, or the Secretary’s designee, may designate certain facilities for the treatment of minors on a voluntary or involuntary basis.

(b) The Secretary is authorized to promulgate regulations for licensing and develop standards for the proper operation of treatment facilities and conduct of any hearing that may be required so as to implement this chapter. The Secretary may refuse to renew, revoke, suspend, limit or restrict the license of a facility where the facility has been given 30 days’ notice of adverse action and an opportunity for a hearing. The Secretary shall not promulgate any such regulations or standards for facilities engaged in the treatment of minors without consulting the Department of Services for Children, Youth and Their Families. The Secretary may also delegate the authority to promulgate regulations and develop standards to the Department of Services for Children, Youth and Their Families.

(c) The Secretary or the Secretary’s designee shall conduct licensing or other hearings in accord with applicable sections of Chapters 100 and 101 of Title 29.

(d) The Secretary’s final decision on the licensing or sanctioning of a treatment facility or applicant may be judicially reviewed in accord with subchapter V of Chapter 101 of Title 29.
16 Del. C. § 9215 — Delaware Code / Title 16 / Chapter 92 / Section 9215
§ Â
        9215. Trust funds.
Status: in_force

All money received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. Any officer with whom, or any bank or trust company with which, such money shall be deposited shall act as trustee of such money and shall hold and apply the same for the purposes hereof, subject to such regulations as this chapter and the resolution authorizing the bonds or notes of any issue or the trust agreement securing such bonds or notes may provide.
16 Del. C. § 3009L — Delaware Code / Title 16 / Chapter 30L / Section 3009L
§ Â
        3009L. Annual report.
Status: in_force

The Council may include in its annual report information concerning implementation of this chapter obtained through surveys, the Internet, and other sources.
16 Del. C. § 3165 — Delaware Code / Title 16 / Chapter 31 / Subchapter III / Section 3165
§ Â
        3165. Analysis of material samples for natural organic reduction [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

A natural organic reduction facility shall be responsible for:

(1) Ensuring that the natural organic reduction vessel maintains a minimum temperature of 131 degrees Fahrenheit for a minimum of 72 hours during the process of natural organic reduction.

(2) Collecting material samples for analysis that are representative of each instance of natural organic reduction.

(3) Developing and using a natural organic reduction process in which the final remains resulting from the process do not exceed the following limits:

(4) Analyzing, using a third-party laboratory, the natural organic reduction facility’s material samples of final remains according to the following schedule:

a. After receiving an initial permit, the natural organic reduction facility must analyze each of the first 20 instances of final remains for the parameters identified in paragraph (3) of this section.

b. If any of the first 20 instances of final remains yield results exceeding the limits identified in paragraph (3) of this section, the natural organic reduction facility must conduct appropriate processes to correct the levels of the chemicals identified in paragraph (3) of this section and have the resultant remains tested to ensure they fall within the identified limits.

c. If any of the first 20 instances of final remains yield results exceeding the limits identified in paragraph (3) of this section, the natural organic reduction facility must analyze each additional instance of final remains for the parameters identified in paragraph (3) of this section until a total of 20 samples, not including those from remains that were reprocessed under paragraph (4)b. of this section, have yielded results within the limits of paragraph (3) of this section on initial testing.

d. After 20 material samples of final remains have met the limits outlined in paragraph (3) of this section, the natural organic reduction facility must analyze, at a minimum, 25% of the natural organic reduction facility’s monthly instances of final remains for the parameters identified in paragraph (3) of this section until 80 total material samples of final remains have met the requirements of paragraph (3) of this section, not including any samples that required reprocessing to meet those requirements.

e. After 80 material samples of final remains have met the limits of paragraph (3) of this section, the natural organic reduction facility must analyze, at a minimum, 1 instance of final remains each month.

(5) Complying with any testing requirements established by the Delaware Division of Public Health for content parameters additional to those specified in paragraph (3) of this section.

(6) Not releasing any final remains that exceed the limits identified in paragraph (3) of this section.

(7) Preparing, maintaining, and providing upon request by the Delaware Division of Public Health an annual report each calendar year. The annual report must detail the natural organic reduction facility’s activities during the previous calendar year and must include the following information:

a. Name and address of the natural organic reduction facility.

b. Calendar year covered by the report.

c. Annual quantity of final remains.

d. Results of any laboratory analyses of final remains.
16 Del. C. § 2202 — Delaware Code / Title 16 / Chapter 22 / Section 2202
§ Â
        2202. Establishment of Office.
Status: in_force

There is hereby established an Office of Substance Abuse Services within the Department of Health and Social Services Division of Alcoholism, Drug Abuse and Mental Health. The establishment of the Office is not intended to contravene any authority for alcohol and drug treatment services vested in the Department of Services for Children, Youth and Their Families pursuant to Chapter 90 of Title 29.
16 Del. C. § 215 — Delaware Code / Title 16 / Chapter 2 / Subchapter II / Section 215
§ Â
        215. Individualized family service plan [Transferred].
Status: in_force

Transferred to § 3107A of Title 14 by 83 Del. Laws, c. 213, § 2, effective Sept. 30, 2021.
16 Del. C. § 4759 — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4759
§ Â
        4759. Registrant crimes.
Status: in_force

(a) It is unlawful for any person:

(1) Who is subject to subchapter III of this chapter to distribute or dispense a controlled substance in violation of § 4739 of this title;

(2) Who is a registrant, to manufacture a controlled substance not authorized by the person’s registration or to distribute or dispense a controlled substance not authorized by the person’s registration to another registrant or other authorized person;

(3) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this chapter; or

(4) To refuse an entry into any premises for any inspection authorized by this chapter.

(b) Any person who violates paragraph (a)(1), (a)(2), or (a)(4) of this section shall be guilty of a class F felony. Any person who violates paragraph (a)(3) of this section shall be guilty of a class A misdemeanor.
16 Del. C. § 2517A — Delaware Code / Title 16 / Chapter 25A / Section 2517A
§ Â
        2517A. Penalties.
Status: in_force

(a) A health-care provider who fails to act in accordance with the requirements of this chapter is subject to discipline for professional misconduct.

(b) A health-care institution that intentionally fails to act in accordance with the requirements of this chapter shall be liable for a civil penalty of not more than $1,000 for each offense. For the purposes of this subsection, each violation shall constitute a separate offense.

(c) An emergency-care provider subject to regulation by the Department who intentionally fails to act in accordance with the requirements of this chapter is subject to such disciplinary measures as the Secretary of Department deems necessary and consistent with the Department’s statutory authority.

(d) An individual who intentionally or knowingly commits any of the following acts is guilty of a class G felony:

(1) Concealing, canceling, defacing, obliterating, or withholding personal knowledge of a completed DMOST form or a modification or revocation thereof, without the patient’s consent, or if the patient lacks decision-making capacity, without the consent of the patient’s authorized representative;

(2) Falsifying or forging a completed DMOST form or a modification or revocation thereof; or

(3) Coercing or fraudulently inducing the completion of a DMOST form or a modification or revocation thereof by a patient or, if a patient lacks decision-making capacity, by a patient’s authorized representative.

(e) Any organization that is a health-care provider, health-care institution, or “person” as defined in § 102(11) of Title 18 who intentionally or knowingly requires or prohibits the completion of a DMOST form or a modification or revocation thereof as a condition of coverage under any policy of health or life insurance, or an annuity, or a public benefits program, or as a condition of the provision of health care is guilty of a class A misdemeanor for each and every act or violation, and may be subject to suspension or revocation of such person’s authority to do business in Delaware.

(f) The provisions of this section shall not be construed to repeal any sanctions applicable under any other law.

(g) The Superior Court shall have jurisdiction over all civil monetary penalties and offenses under this chapter.
16 Del. C. § 2727 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2727
§ Â
        2727. Facilitation of anatomical gift from decedent whose death is under investigation.
Status: in_force

(a) The OPO shall in all cases collaborate with the medical examiner to ensure the preservation of forensic evidence and collection of photographs and specimens. A medical examiner shall, upon request, release to the OPO the name, contact information and available medical and social history of a decedent whose death is under investigation. If the decedent’s body or part is medically suitable for transplantation, therapy, research or education, the medical examiner shall release postmortem examination results to the OPO. The OPO may make a subsequent disclosure of the postmortem examination results or other information received from the medical examiner to support the purposes of the donation.

(b) Notwithstanding any provision of this chapter or any other law to the contrary, if the medical examiner has notice, by an advance health-care directive, will, card or other document or as otherwise provided in this chapter, that a deceased person whose death is under investigation is a donor, the medical examiner shall perform an examination, autopsy or analysis of tissues or organs only in a manner and within a time period compatible with the preservation of the tissues or organs for the purpose of transplantation.

(c) If the examination, autopsy or analysis has not been undertaken under subsection (b) of this section, all of the following apply to cases involving a prospective organ donor:

(1) A physician or technician authorized to remove an anatomical gift from a donor may remove the donated part from the body of a donor whose death is under investigation for acceptance by a person authorized to become a donee subject to paragraph (c)(2) of this section.

(2) The medical examiner shall be invited to be present during organ recovery if, in the judgment of the medical examiner, those organs may be involved in the cause of death. While in attendance, if the medical examiner determines that the organs are involved in the cause of death, the medical examiner may request a biopsy of those organs or deny removal of the anatomical gift. The medical examiner shall explain in writing the reasons for determining that those organs may be involved in the cause of death and the basis for denying removal of the anatomical gift and shall include the written explanation in the records maintained by the medical examiner.

(3) The OPO shall pay the reasonable costs for the professional services of the medical examiner associated with attending the recovery under paragraph (c)(2) of this section above.

(d) The physician or technician recovering a part from a donor under this section shall file upon request of the medical examiner, a report detailing the condition of the part of the body that is the anatomical gift. If appropriate, the report shall include a biopsy or medically approved sample from the anatomical gift.
16 Del. C. § 2525 — Delaware Code / Title 16 / Chapter 25 / Section 2525
§ Â
        2525. Effect of copy; certified physical copy.
Status: in_force

(a) A physical or electronic copy of an advance health-care directive, revocation of an advance health-care directive, or appointment, designation, or disqualification of a surrogate has the same effect as the original.

(b) An individual may create a certified physical copy of an advance health-care directive or revocation of an advance health-care directive that is in electronic form by affirming under penalty of perjury that the physical copy is a complete and accurate copy of the directive or revocation.
16 Del. C. § 4317 — Delaware Code / Title 16 / Chapter 43 / Section 4317
§ Â
        4317. Penalties.
Status: in_force

Whoever violates this chapter shall be fined not less than $50 nor more than $100.
16 Del. C. § 4720 — Delaware Code / Title 16 / Chapter 47 / Subchapter II / Section 4720
§ Â
        4720. Schedule IV.
Status: in_force

(a) The controlled substances listed in this section are included in Schedule IV.

(b) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(1) Barbital;

(2) Chloral betaine;

(3) Chloral hydrate;

(4) Ethchlorvynol;

(5) Ethinamate;

(6) Methohexital;

(7) Meprobamate;

(8) Methylphenobarbital;

(9) Paraldehyde;

(10) Petrichloral;

(11) Phenobarbital;

(12) Mebutamate; and

(13) Zolpidem.

(c) The Secretary may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection (b) or subsection (l) of this section from the application of all or any part of this chapter if the compound, mixture, or preparation contains 1 or more active medicinal ingredients not having a depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantities, proportions, or concentrations that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.

(d) Fenfluramine.

(e) Dextropropoxyphene, and any compound, mixture or preparation which contains any of this substance, including its salts.

(f) Phentermine and any compound, mixture or preparation which contains any of this substance, including its salts.

(g) Pentazocine, and any material, compound, mixture or preparation which contains any of this substance.

(h) Diethylpropion.

(i) Pemoline (including organometallic complexes and chelates thereof).

(j) A compound mixture or preparation containing not more than 1 milligram of Difenoxin and not less than 25 micrograms of Atropine Sulfate per dosage unit.

(k) Mazindol.

(l) Any material, compound, mixture, or preparation that contains benzodiazepine, including all of the following:

(1) Adinazolam.

(2) Alprazolam.

(3) Brotizolam.

(4) Chlordiazepoxide.

(5) Clonazepam.

(6) Clonazolam.

(7) Clorazepate.

(8) Deschloroetizolam.

(9) Diazepam.

(10) Diclazepam.

(11) Etizolam.

(12) Flualprazolam.

(13) Flubromazepam.

(14) Flubromazolam.

(15) Flunitrazepam.

(16) Flunitrazolam.

(17) Flurazepam.

(18) Halazepam.

(19) Lorazepam.

(20) Meclonazepam.

(21) Metizolam.

(22) Midazolam.

(23) Nifoxipam.

(24) Nitrazolam.

(25) Oxazepam.

(26) Phenazepam.

(27) Prazepam.

(28) Pyrazolam.

(29) Temazepam.

(30) Triazolam.

(31) Quazepam.

(32) Zapizolam.
16 Del. C. § 98A-106 — Delaware Code / Title 16 / Chapter 98A / Section 98A-106
§ Â
        98A-106. Relationship to emergency management assistance compact.
Status: in_force

Upon a member state’s governor’s declaration of a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), Chapter 34 of Title 20, all relevant terms and provisions of EMAC shall apply, and to the extent any terms or provisions of this Compact conflict with EMAC, the terms of EMAC shall prevail with respect to any individual practicing in the remote state in response to such declaration.
16 Del. C. § 10003 — Delaware Code / Title 16 / Chapter 100 / Section 10003
§ Â
        10003. Establishment of 911-Enhanced Emergency Reporting System.
Status: in_force

There is hereby established a statewide 911-Enhanced Emergency Reporting System whereby all 911 Emergency Report Centers in this State shall be equipped with and/or maintain a 911-Enhanced Emergency Reporting System by January 1, 1989.
16 Del. C. § 8603 — Delaware Code / Title 16 / Chapter 86 / Section 8603
§ Â
        8603. Safety glazing materials required.
Status: in_force

It shall be unlawful within the State to sell, fabricate, glaze or contract to install for another glazing materials other than safety glazing materials in or for use in any hazardous location.
16 Del. C. § 5186 — Delaware Code / Title 16 / Chapter 51 / Subchapter VII / Section 5186
§ Â
        5186. Enforcement of rights.
Status: in_force

This subchapter shall be enforceable by the Attorney General, the protection and advocacy agency, and aggrieved patients and patient representatives. Without limitation, notwithstanding § 342 of Title 10, the Court of Chancery shall have jurisdiction over actions, including those requesting declaratory relief, to enforce or resolve disputes concerning the rights arising out of this subchapter.
16 Del. C. § 2113 — Delaware Code / Title 16 / Chapter 21 / Section 2113
§ Â
        2113. Penalties; appeals.
Status: in_force

(a) Whoever violates this chapter or the rules and regulations adopted thereunder shall be fined for each offense not less than $10 nor more than $50. In default of the payment of such fine the violator shall be imprisoned for not less than 10 days for each separate offense. The total term of imprisonment at any 1 time for additional offenses shall not exceed 10 months.

(b) Each mattress, mattress pad, mattress protector pad, box spring, upholstered spring, upholstered bed, davenport, upholstered sofa bed, quilted pad, comforter, bolster, cushion, pillow, featherbed or sleeping bag made or remade, or renovated, sold, offered for sale, delivered or consigned contrary to this chapter shall constitute a separate offense.

(c) Any person convicted of an offense under this section, before a justice of the peace, may appeal the judgment of conviction to the Court of Common Pleas of the county.
16 Del. C. § 3311 — Delaware Code / Title 16 / Chapter 33 / Section 3311
§ Â
        3311. Guaranty from seller saving dealer from prosecution.
Status: in_force

No dealer shall be prosecuted under this chapter when the dealer can establish a guaranty signed by the wholesaler, jobber, manufacturer or other party residing in the United States from whom the dealer purchases such articles to the effect that the same is not adulterated or misbranded within the meaning of this chapter. The guaranty, to afford protection, shall contain the name and address of the party making the sale of such articles to such dealer and, in such case, the party shall be amenable to the prosecutions, fines and other penalties which would attach, in due course, to the dealer under this chapter.
16 Del. C. § 314 — Delaware Code / Title 16 / Chapter 3 / Section 314
§ Â
        314. Common carriers; submission to regulations and examination of health officers; penalty for false statements.
Status: in_force

(a) Whenever quarantine is declared, all railroads, steamboats or other common carriers and the owners, consignees or assignees of any railroad, steamboat or other vehicle used for the transportation of passengers, baggage or freight, shall submit to:

(1) Any rules or regulations imposed by any board of health or health officer;

(2) Any examination required by the board of health or health officer;

(3) Any examination required by the health authorities respecting any circumstance or event touching the health of the crew, operatives or passengers, and the sanitary condition of the baggage and freight.

(b) Any owner, consignee or assignee or other person interested, who makes any unfounded statement or declaration respecting the points under examination shall be subject to the penalties provided in § 317 of this title.
16 Del. C. § 5021 — Delaware Code / Title 16 / Chapter 50 / Section 5021
§ Â
        5021. Veterans Administration hospitals.
Status: in_force

The provisions in the Delaware Code pertaining to the admission, commitment, care and discharge of persons diagnosed with a mental condition at state institutions shall apply with the same force and effect to persons entitled to the services of hospitals for people with a mental condition operated by the Veterans Administration. Persons so entitled may be transferred from state institutions to such Veterans Administration hospitals subject to the statutory provisions affording interested parties the right to have the status of the person with a mental condition determined as provided by law.
16 Del. C. § 4102 — Delaware Code / Title 16 / Chapter 41 / Section 4102
§ Â
        4102. Conformity with federal standards.
Status: in_force

(a) It is the intent of the General Assembly that Delaware law and regulations substantially conform with the federal regulations promulgated under the authority of the United States Secretary of Health, Education and Welfare prescribing definitions and standards for frozen desserts published pursuant to 21 U.S.C. § 371. It is further intended that this chapter and definitions and standards of identity promulgated in accordance herewith be construed in a manner similar to the corresponding federal regulation, aforesaid, whenever possible.

(b) The Department of Agriculture shall, after public hearing, promulgate definitions and standards of identity for frozen desserts, regulations for the labeling of any frozen desserts and regulations to implement the purposes of this chapter. Definitions and standards of identity promulgated by the Department shall not be in conflict with federal standards. The Department may adopt such definitions and standards of identity as are adopted by the United States Secretary of Health, Education and Welfare as aforesaid.

(c) Public hearings as provided in subsection (b) of this section shall be held only upon reasonable notice to all interested parties as provided by law in like cases. Following any hearing to consider rules, regulations, definitions, standards of identity, labeling requirements or any of these, the Department shall issue a recommended decision and shall afford interested parties an opportunity to file exceptions based upon the hearing record. The Department in issuing a final decision shall rule on any exceptions filed setting forth its reasons therefor. No definition or standard of identity promulgated by the Department shall conflict with federal definitions or standards of identity. With each rule or regulation adopted there shall be filed and made available upon request to any interested person the findings of fact supporting such rule or regulation. A copy of each proposed rule or regulation of the Department of Agriculture shall be printed and generally distributed, and specially distributed to any person who signified an interest theretofore or thereafter. No rule or regulation shall take effect or be effective until 30 days after general distribution or such longer time as the Secretary of Agriculture shall deem to be in the public interest. Rules and regulations promulgated in accordance with this authority shall have the force and effect of law and supersede all local ordinances and regulations inconsistent therewith. Any interested person aggrieved by any rule or regulation promulgated in accordance with this authority may have an appeal within 20 days after the effective date of such rule or regulation by petition to the Court of Chancery and may appeal from the decision of the Court of Chancery as provided for in other cases.

(d) Upon adoption of the rules and regulations by the Department of Agriculture as provided in this section, the provisions of § 4101 of this chapter which are inconsistent with such rules and regulations shall be deemed to be of no effect.
16 Del. C. § 5023 — Delaware Code / Title 16 / Chapter 50 / Section 5023
§ Â
        5023. Unwarranted hospitalization in Delaware Psychiatric Center or denial of rights; penalties.
Status: in_force

(a) Any person who wilfully causes, or conspires with or assists another to cause:

(1) The unwarranted hospitalization of any individual in the Delaware Psychiatric Center under this chapter; or

(2) The denial to any individual of any of the rights accorded to said individual under this chapter shall be punished by a fine not exceeding $500 or imprisonment not exceeding 1 year, or both.

(b) The Superior Court shall have jurisdiction of offenses under this section.
16 Del. C. § 3307 — Delaware Code / Title 16 / Chapter 33 / Section 3307
§ Â
        3307. Definition of misbranded.
Status: in_force

The term “misbranded,” as used in this chapter, applies to all drugs or articles of food, or articles which enter into the composition of food, the package or label of which bears any statement, design or device regarding such article or the ingredients or substances contained therein which is false or misleading in any particular, and to any food or drug product which is falsely branded as to the state, territory or country in which it is manufactured or produced.
16 Del. C. § 10111 — Delaware Code / Title 16 / Chapter 101 / Subchapter II / Section 10111
§ Â
        10111. Imposition of charge.
Status: in_force

(a) There shall be a prepaid wireless E911 surcharge on each retail transaction. The initial rate of the surcharge shall be 60 cents per retail transaction. Any rate changes shall be implemented under the provisions of subsection (f) of this section.

(b) The prepaid wireless E911 surcharge shall be collected by the seller from the consumer for each retail transaction occurring in this State. The amount of the prepaid wireless E911 surcharge shall be either separately stated on an invoice, receipt, or other similar document that is provided to the consumer by the seller, or otherwise disclosed to the consumer.

(c) For purposes of determining whether a retail transaction is subject to the prepaid wireless E911 surcharge, the following transactions are deemed to occur in Delaware and are subject to the surcharge imposed under this section:

(1) The retail transaction is effected in person by the consumer at a business location of the seller if that business location is in Delaware; or

(2) The prepaid wireless telecommunications service is physically delivered to a consumer at a Delaware address provided to the seller; or

(3) The seller’s records that are maintained in the regular course of business indicate that the consumer’s address is in Delaware and the records are not kept or made in bad faith; or

(4) The consumer gives a Delaware address during the consummation of the retail transaction, including the customer’s payment instrument if no other address is available, and the address is not given in bad faith; or

(5) The consumer’s mobile telephone number is associated with a Delaware location.

(d) The prepaid wireless E911 surcharge is the liability of the consumer and not of the seller or of any prepaid wireless provider, except that the seller shall remit all prepaid wireless E911 surcharges that the seller collects from consumers as provided in this section, including all such surcharges that the seller is deemed to collect where the amount of the surcharge has not been separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller.

(e) The amount of the prepaid wireless E911 surcharge that is collected by a seller from a consumer, if such amount is separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller, shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by this State, any political subdivision of this State, or any intergovernmental agency.

(f) The prepaid wireless E911 charge shall be proportionately increased or reduced, as applicable, upon any change to rate of the surcharge as determined under the provisions of § 10103(a) of this title. Provided, however, that any rate changes shall only be effective on the first day of the calendar quarter not less than 60 days after the Board provides final notice of such rate change. The Division of Revenue shall provide not less than 30 days of advance notice of such increase or reduction on the Division’s website.

(g) If a minimal amount of prepaid wireless telecommunications service is sold with a prepaid wireless device for a single, nonitemized price, then the seller may elect not to apply the surcharge imposed by this section to such transaction. For purposes of this subsection, an amount of service denominated as 10 minutes or less, or $5.00 or less, is minimal.

(h) The surcharge shall not be applied to prepaid wireless telecommunications service provided to a person through the Lifeline program.
16 Del. C. § 2501A — Delaware Code / Title 16 / Chapter 25A / Section 2501A
§ Â
        2501A. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Delaware Medical Orders for Scope of Treatment Act” (“DMOST Act”).
16 Del. C. § 4316 — Delaware Code / Title 16 / Chapter 43 / Section 4316
§ Â
        4316. Exemption of soda fountains.
Status: in_force

This chapter shall not apply to persons operating a soda fountain, if the soft drinks there manufactured are used on the premises.
16 Del. C. § 10204 — Delaware Code / Title 16 / Chapter 102 / Section 10204
§ Â
        10204. The 211 Advisory Board.
Status: in_force

(a) The 211 Advisory Board is established to advise the Governor, the Director, and the General Assembly on matters related to the 211 Community Social Services Helpline system and service.

(b) The Governor shall appoint 1 representative from each of the following offices or agencies as a member of the Board: the Delaware Helpline, Inc.; the Department of Health and Social Services; the Department of Safety and Homeland Security; the Delaware Emergency Number Association, the Department of Technology and Information; and the United Way of Delaware. The Governor shall also appoint to the Board 3 members of the public, 1 representing the Latino community, 1 representing the senior citizen community, and 1 representing persons with disabilities. The Governor shall designate a chairperson for the Board from among the Board’s members. Each member serves a term of 2 years and may be reappointed to serve additional terms.

(c) Members of the Board serve without compensation; however, they may be reimbursed for reasonable and necessary expenses incidental to their duties as members of the Commission.

(d) The Office of Management and Budget shall provide administrative support to the Board.
16 Del. C. § 6001 — Delaware Code / Title 16 / Chapter 60 / Section 6001
§ Â
        6001. Definitions.
Status: in_force

As used in this chapter:

(1) “Institution” means any institution operated, maintained or under the supervision of the Department of Health and Social Services.

(2) “Patient” means any person admitted, committed to or placed in any such institution for the purpose of treatment.
16 Del. C. § 1155 — Delaware Code / Title 16 / Chapter 11 / Subchapter VI / Section 1155
§ Â
        1155. Sanctions for interference with Ombudsperson.
Status: in_force

(a) No person, agency or long-term care facility shall wilfully interfere with the performance of the duties and exercise of the powers of the Ombudsperson provided in this subchapter.

(b) Whoever violates this subchapter shall be fined not more than $100 for the first offense and not less than $100 nor more than $1,000 for each subsequent offense. Each violation shall be considered a separate offense.
16 Del. C. § 4921A — Delaware Code / Title 16 / Chapter 49A / Section 4921A
§ Â
        4921A. Registry identification and registration certificate verification.
Status: in_force

(a) The Commissioner shall maintain a confidential list of the persons to whom the Commissioner has issued registry identification cards and their addresses, phone numbers, and registry identification numbers.

(b) The Commissioner shall maintain a verification system which shall be established by January 1, 2013. The verification system must allow law-enforcement personnel, compassion center agents, and safety compliance facility agents to enter a registry identification number to determine whether or not the number corresponds with a current, valid registry identification card. The system shall only disclose whether the identification card is valid; whether the cardholder is a registered qualifying patient or a registered designated caregiver; the registry identification number of the registered compassion center designated to serve the registered qualifying patient; and, if the cardholder is a registered designated caregiver, the registry identification number of the registered qualified patient who is assisted by the cardholder.

(c) The Commissioner shall, with a cardholder’s permission, confirm the cardholder's status as a registered qualifying patient or registered designated caregiver to a landlord, employer, school, medical professional, or court.

(d) The Commissioner shall disclose the names of any person whose registry identification card was revoked to any court where the person is seeking to assert the protections of 4913A of this title.
16 Del. C. § 1140 — Delaware Code / Title 16 / Chapter 11 / Subchapter III / Section 1140
§ Â
        1140. Jurisdiction.
Status: in_force

The Superior Court shall have original and exclusive jurisdiction over violations of this subchapter.
16 Del. C. § 2504C — Delaware Code / Title 16 / Chapter 25C / Section 2504C
§ Â
        2504C. Qualified patients: requirements [For application of this section, see 85 Del. Laws, c. 19, Â 3].
Status: in_force

(a) An individual who meets all of the following requirements is a qualified patient under this chapter:

(1) The individual is an adult resident of Delaware.

(2) The individual’s attending physician or attending APRN has completed all of the requirements under § 2508C of this title.

(3) A consulting physician or consulting APRN has completed all of the requirements under § 2509C of this title.

(4) The individual has made an informed decision to voluntarily request medication to end their life in a humane and dignified manner, under § 2505C of this title.

(b) An individual cannot be a qualified patient under this section solely because of the individual’s age or disability.

(c) A request for medication to end their life in a humane and dignified manner must be made by the individual with a terminal illness and may not be made by any other individual, including the terminally-ill individual’s guardian or other surrogate health-care decision maker or by the individual in an advance health-care directive.
16 Del. C. § 2602 — Delaware Code / Title 16 / Chapter 26 / Section 2602
§ Â
        2602. Physicians and health-care facilities to screen children.
Status: repealed

(a) Every health-care provider who is the primary health-care provider for a child shall order lead poisoning screening of the child, under regulations adopted by the Division of Public Health, at or around 12 and 24 months of age.

(b) [Repealed.]

(c) (1) If screening under subsection (a) of this section determines that a child has an elevated blood lead level, the health-care provider shall order testing under regulations adopted by the Division of Public Health.

(2) A health-care provider is encouraged to use the health-care provider’s clinical judgement to determine when testing should be used in lieu of screening under subsection (a) of this section.

(d) All laboratories and health-care providers involved in blood lead level analysis, including screening and testing, shall participate in a universal reporting system as established by the Division of Public Health. The universal reporting system shall include the lead screening and testing results of all children, regardless of age.

(e) Nothing in this section may be construed to require any child to undergo screening or testing if the child’s parent or guardian objects on the grounds that the screening or testing conflicts with the parent’s or guardian’s religious beliefs.

(f) [Repealed.]

(g) Every health-care provider who is the primary health-care provider for a child shall report the results of lead poisoning screening on electronic forms to be developed by the Division of Public Health. The forms must contain provider information and the date of the screening. The forms shall be completed at well visits for children at or around 12 and 24 months of age, and for every other instance of screening. The Division of Public Health shall determine in what manner the forms shall be reported to the Division.
16 Del. C. § 2744 — Delaware Code / Title 16 / Chapter 27 / Subchapter III / Section 2744
§ Â
        2744. Remedies.
Status: in_force

(a) Any person subjected to discrimination in violation of this subchapter or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of this subchapter may bring an action in the Court of Chancery for injunctive or other equitable relief.

(b) The Court shall accord priority on its calendar and expeditiously proceed with an action brought under this section.

(c) Nothing in this section is intended to limit or replace available remedies under the Americans with Disabilities Act [42 U.S.C. § 12101 et seq.] or any other applicable law.
16 Del. C. § 4923A — Delaware Code / Title 16 / Chapter 49A / Section 4923A
§ Â
        4923A. Commissioner to issue regulations [For application of this section, see 82 Del. Laws, c. 246, Â 5].
Status: repealed

The Commissioner shall promulgate regulations regarding all of the following:

(1) [Repealed].

(2) a. Establishing the form and content of registration and renewal applications submitted under this chapter.

b. [Repealed.]

(3) Governing the manner in which it shall consider applications for and renewals of registry identification cards.

(4) Governing all of the following matters related to registered compassion centers and security compliance facilities, with the goal of protecting against diversion and theft, without imposing an undue burden on the registered compassion centers or compromising the confidentiality of cardholders:

a. Minimum oversight requirements for registered compassion centers.

b. Minimum recordkeeping requirements for registered compassion centers.

c. Minimum security requirements for registered compassion centers, which shall include that each registered compassion center location must be protected by a fully operational security alarm system.

d. The competitive scoring process addressed in §§ 4914A and 4915A of this title.

e. Procedures for suspending or terminating the registration certificates or registry identification cards of cardholders, registered compassion centers, and registered safety compliance facilities that commit multiple or serious violations of the provisions of this chapter or the regulations promulgated pursuant to this section.

f. The design and security features of medical marijuana containers to be provided by the compassion centers.

(5) Requiring application and renewal fees for registry identification cards, and registered compassion center registration certificates, according to all of the following:

a. The total fees collected must generate revenues sufficient to offset all expenses of implementing and administering this chapter, except that fee revenue may be offset or supplemented by private donations.

b. The total amount of revenue from application, renewal, and registration fees for compassion centers and security compliance facilities must be sufficient to implement and administer the compassion center and safety compliance facility provisions of this chapter.

c. The Commissioner may establish a sliding scale of patient application and renewal fees based upon a qualifying patient’s household income.

d. The Commissioner may accept donations from private sources to reduce application and renewal fees.

e. The total amount of revenue from application, renewal, and registration fees for compassion centers, security compliance facilities, and registry identification cards will be deposited to a special account within the Commissioner’s office for the operation of the program created by this chapter and shall be used as necessary to support program operations and growth.

(6) [Repealed].
16 Del. C. § 6659 — Delaware Code / Title 16 / Chapter 66A / Section 6659
§ Â
        6659. Death benefit.
Status: in_force

Upon the death of a member, inactive member or retired member, there shall be paid to the designated beneficiary or beneficiaries or, in the absence of a designated beneficiary, to the estate of the member, a lump sum equal to the excess, if any, of the accumulated member contributions with interest over the aggregate of all pension payments made.
16 Del. C. § 3002K — Delaware Code / Title 16 / Chapter 30K / Section 3002K
§ Â
        3002K. Tick control.
Status: in_force

To further the State’s interest in tick control for the prevention or reduction of tick-borne diseases, the Department may take all necessary and appropriate actions as follows:

(1) Enter upon public lands for the purposes of determining the nature and extent of tick-infested areas and the presence of tick-host animals or tick-inhabited vegetation, taking control actions as warranted, and providing relevant educational programs.

a. Control actions on public lands may include:

1. Selective acaricide use.

2. Use of biological controls, management of tick-host animal populations or tick-inhabited vegetation, or other appropriate methods.

b. When performing control actions on public lands, the Department shall:

1. Coordinate all tick-related survey or control work on public lands with the appropriate public lands owner or manager.

2. Perform all control actions in an environmentally responsible manner and, to the extent practicable, avoid adversely affecting flora and fauna.

3. Perform all control actions only after any required federal or state permits have been obtained.

4. Educate public lands owners or managers about:

A. Tick-prone habitats on their lands.

B. Tick control or habitat management practices that may assist in reducing tick populations on public lands.

(2) On written approval by private property owner or owners or their authorized representatives, the Department may enter upon private property for any of the following purposes:

a. Undertaking Department-conducted, tick-related scientific research or tick surveys.

b. Identifying tick-prone habitats.

c. Advising private property owners as to proper tick control or habitat management measures that may reduce tick populations on their lands.

(3) Develop and implement a statewide integrated pest management strategy for tick control on public lands.

(4) At the Secretary’s discretion, the Department may promulgate regulations to effectuate a strategy for tick control on public lands.
16 Del. C. § 2605 — Delaware Code / Title 16 / Chapter 26 / Section 2605
§ Â
        2605. Childhood Lead Poisoning Prevention Advisory Committee.
Status: in_force

(a) The Childhood Lead Poisoning Prevention Advisory Committee (“Committee”) is established to advise on the implementation of this chapter and to make any necessary recommendations for the implementation of this chapter or improvements of the processes to be followed by the agencies responsible for the implementation of this chapter.

(b) The Committee shall annually prepare and distribute a report to the General Assembly regarding this chapter, the intervention activities, studies of incidence, the State Blood Lead Screening Program, and monitoring and implementation of regulations promulgated under this chapter.

(c) The Committee consists of the following:

(1) The Secretary of the Department of Education.

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

(3) The Secretary of the Department of Services for Children, Youth & their Families.

(4) The Director of the Delaware State Housing Authority.

(5) The President of the Delaware Association of School Administrators.

(6) The President of the Delaware Association of Realtors.

(7) A Delaware pediatric provider, appointed by the Governor.

(8) Five members, appointed by the Governor, with at least 1 from each county.

(9) One member, appointed by the Speaker of the House of Representatives.

(10) One member, appointed by the President Pro Tempore of the Senate.

(d) A member serving by virtue of position may appoint a designee to serve in the member’s stead and at the member’s pleasure.

(e) The Committee shall elect a Chair and a Vice Chair from among the Committee’s members.

(f) The Committee may form advisory subcommittees, which may include individuals who are not members of the Committee, to assist the Committee in its duties.

(g) The Department shall provide staff support for the Committee.

(h) The Committee shall oversee the Program, including to ensure that funds in the Delaware Lead-based Paint Remediation and Abatement Fund are spent appropriately and that lead-based paint remediation and abatement activities are taking place in a timely manner given funds available.

(i) The Committee is a public body.
16 Del. C. § 7908 — Delaware Code / Title 16 / Chapter 79 / Section 7908
§ Â
        7908. Definitions.
Status: in_force

As used in this chapter:

(1) “Place of public entertainment” shall mean an establishment that accommodates more than 100 individuals.

(2) “Plumbing” is the art of installing in buildings the pipes, fixtures and other apparatus for bringing in the water supply and removing liquid and water-carried wastes.

(3) “Plumbing fixtures” are receptacles intended to receive and discharge water, liquid or water-carried wastes into a drainage system with which they are connected.

(4) “Plumbing system of a building” includes the water supply distributing pipes, the fixtures and fixture traps, the soil, waste and vent pipes, the house drain and house sewer, the storm water drainage, and all the devices, appurtenances and connections of the above within or adjacent to the building.

(5) “Public restroom” shall mean a public sanitary facility that contains more than 1 plumbing fixture.
16 Del. C. § 217 — Delaware Code / Title 16 / Chapter 2 / Subchapter II / Section 217
§ Â
        217. Interagency Coordinating Council [Transferred].
Status: in_force

Transferred to § 3111A of Title 14 by 83 Del. Laws, c. 213, § 2, effective Sept. 30, 2021.
16 Del. C. § 5198 — Delaware Code / Title 16 / Chapter 51 / Subchapter IX / Section 5198
§ Â
        5198. Purpose and authority.
Status: in_force

(a) The Addiction Action Committee (the “Committee”) is hereby established. The purpose of the Committee shall be to develop and monitor a coordinated and comprehensive approach to Delaware’s addiction epidemic. In furtherance of this purpose, the Committee will recommend and encourage comprehensive prevention, treatment, surveillance and monitoring strategies to evaluate and curtail the addiction epidemic in Delaware and shall promote quality and accessible pain management for Delawareans.

(b) The Division of Public Health shall have access to data and reports necessary to inform the Committee’s work.

(c) Beginning with a report submitted on June 1, 2018, the Committee shall make annual recommendations to the Governor and the General Assembly regarding progress and recommendations to improve rates of mortality and morbidity from addictive drugs. Notwithstanding any provision of this subchapter to the contrary, such recommendation shall not specifically identify any individual or any nongovernmental agency, organization or entity.

(d) The Committee shall be composed of 17 members. The Chairperson of the Committee shall be the Secretary of the Department of Health and Social Services or the Secretary’s designee. The members shall be the following:

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

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

(3) The Secretary of the Department of State.

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

(5) The Secretary of the Department of Services for Children, Youth and their Families.

(6) The Secretary of the Department of Education.

(7) The Attorney General.

(8) The Governor shall appoint the following members:

a. Two Delaware licensed physicians nominated by the Medical Society of Delaware.

b. A Delaware licensed registered nurse nominated by the Delaware Nurses Association.

c. A Delaware licensed pharmacist nominated by the Delaware Pharmacists Society.

d. A representative of a drug treatment facility.

e. A representative of the pharmaceutical industry.

f. A representative of a health-care facility nominated by the Delaware Healthcare Association.

g. A representative of a private insurance carrier.

h. Two public members that shall represent community efforts to address the problem of substance abuse.

(e) Members serving by virtue of position may appoint a designee to serve in their stead and at their pleasure. Appointed members shall serve at the pleasure of the appointing authority.

(f) At the request of the Committee or at the invitation of the Chair, other individuals may be invited to participate in the conversation because such individuals bring specific expertise for a topic under discussion. The Committee shall adopt bylaws that provide for operating procedures such as: election of officers, appointment of subcommittees, designation of a quorum, conducting of meetings, and other matters that will promote the efficient operation of the Committee in the performance of its duties under this chapter.

(g) Administrative support for the committee shall be provided by the Department of Health and Social Services.
16 Del. C. § 5137 — Delaware Code / Title 16 / Chapter 51 / Subchapter II-A / Section 5137
§ Â
        5137. Legislative intent; definitions.
Status: in_force

(a) Legislative intent. — The General Assembly’s purpose in requiring criminal background checks and drug testing of Department of Health and Social Services’ employees working at the Delaware Psychiatric Center is to protect the safety and well-being of the patients and staff of such facility. The provisions of this subchapter shall be broadly construed to accomplish this purpose.

(b) Definitions. — (1) “Applicant” means any of the following:

a. A person seeking employment with the Department in any position at the Delaware Psychiatric Center; or

b. A current Department employee who seeks a promotion or transfer to any position at the Delaware Psychiatric Center; or

c. A former employee who consents prior to leaving employment to periodic review of that former employee’s criminal background for a fixed period of time.

(2) “Background Check Center (BCC)” means the electronic system which combines the data streams from various sources within and outside the State of Delaware in order to assist an employer in determining the suitability of a person for employment.

(3) “Criminal history” means a report from the Department of Health and Social Services regarding its review of the applicant’s entire federal criminal history from the Federal Bureau of Investigation, pursuant to Public Law 92-544 as amended (28 U.S.C. § 534) and the applicant’s Delaware record from the State Bureau of Identification.

(4) “Department” means the Department of Health and Social Services;

(5) “Grandfathered employee” means an employee of the Delaware Psychiatric Center, who was not fingerprinted pursuant to this statute because the employment commenced before June 15, 2010, and no requirement for fingerprinting has since applied (see paragraph (b)(1) of this section above).

(6) “Reasonable suspicion” means the Department, acting through its supervisory personnel, has a reasonable basis to suspect that a Delaware Psychiatric Center employee:

a. Has been convicted of a disqualifying crime since becoming employed; or

b. Is impaired by an illegal drug.
16 Del. C. § 3096F — Delaware Code / Title 16 / Chapter 30F / Subchapter VII / Section 3096F
§ Â
        3096F. Veterinary care for retired law-enforcement canines [For application of this section, see 84 Del. Laws, c. 164, Â 2; 84 Del. Laws, c. 495, Â 2; 85 Del. Laws, c. 152, Â 2].
Status: repealed

(a) [Repealed.]

(b) (1) The “Department,” as defined in § 3095F(1)a., b., c., or d. of this title, that the retired law-enforcement canine assisted shall reimburse an owner up to $1,500 annually for veterinary care expenses paid by the owner for the care of that retired law-enforcement canine.

(2) The Department of Safety and Homeland Security, for a law-enforcement canine retired from a “Department,” as defined in § 3095F(1)e. of this title, shall reimburse an owner up to $1,500 annually for veterinary care expenses paid by the owner for the care of that retired law-enforcement canine.

(c) (1) The “Department,” as defined in § 3095F(1)a., b., c., or d. of this title, that the retired law-enforcement canine assisted shall require that the owner provide documentation of the veterinary care expenses.

(2) The Department of Safety and Homeland Security shall require that the owner provide documentation of the veterinary care expenses for the retired law-enforcement canine that assisted a “Department,” as defined in § 3095F(1)e. of this title.

(d) The Department of Correction, the Department of Safety and Homeland Security, the Department of Natural Resources and Environmental Control, and the State Fire Prevention Commission shall each promulgate regulations to establish a reimbursement process under this section.
16 Del. C. § 910 — Delaware Code / Title 16 / Chapter 9 / Subchapter I / Section 910
§ Â
        910. Court orders to compel.
Status: in_force

(a) Whenever an investigation has been opened with the Department pursuant to § 906 of this title for potential abuse or neglect of a child, the Department shall have the authority to petition for an order from the Family Court:

(1) To obtain access to the child, or children, and the residence of child, or children; or

(2) To compel the appearance of a person at an office of the Department in furtherance of the investigation; or

(3) To compel compliance with a treatment plan previously agreed to by a child’s parent or guardian, if noncompliance with the plan endangers a child’s safety; or

(4) To compel completion of a substance abuse or mental health evaluation by the parent or guardian or completion of a developmental health screening for the child or children.

(b) The Family Court shall issue such an order upon the Department establishing by a preponderance of evidence that it provided written notice of its intent to file the petition and:

(1) For petitions requesting relief under paragraph (a)(1), (a)(2), or (a)(3) of this section:

a. That the Department has in good faith attempted on at least 2 separate prior occasions, at least 1 of which was by written communication sent by certified mail, return receipt requested, to contact the person in question without success; or

b. That a child is in actual danger or there is an imminent risk of danger due to the Department’s inability to communicate with the person or see the child or the child’s residence;

(2) For petitions requesting relief under paragraph (a)(4) of this section, the investigation has revealed that substance abuse, mental health conditions, or developmental delays may be factors placing the child at risk of abuse or neglect.

(c) The Family Court shall enforce noncompliance with such an order pursuant to § 925(3) of Title 10.

(d) Petitions filed pursuant to this section may be granted on an ex parte basis if a child is at risk of imminent physical danger, provided that the Family Court shall consider all requests pursuant to paragraphs (a)(1), (a)(2) and (a)(3) of this section within 2 business days of the request being made. The Family Court shall consider all petitions filed under paragraph (a)(4) of this section within 10 business days of the filing.

(e) For petitions filed under paragraph (a)(4) of this section against any parent or guardian who is indigent, that indigent parent or guardian shall have the right to request a Court-appointed attorney authorized to practice law in this State to represent the parent or guardian at no cost to that parent or guardian.
16 Del. C. § 9952 — Delaware Code / Title 16 / Chapter 99 / Subchapter VI / Section 9952
§ Â
        9952. Diamond State Hospital Cost Review Board.
Status: repealed

(a) There is established the Diamond State Hospital Cost Review Board for the purpose of carrying out hospital budget reviews and related functions under this chapter.

(b) (1) The Board consists of 8 members as follows:

a. Seven voting members, including at least 1 member from each county, appointed by the Governor and confirmed by the Senate.

b. The President and CEO of the Delaware Healthcare Association, who shall serve as a nonvoting member.

(2) The members appointed by the Governor shall serve a 4-year term, except that the initial members may be appointed for a term less than 4 years to create staggered terms. A member shall continue to serve on the Board until the member’s successor has been appointed and qualified. A member may serve more than 1 term.

(3) The Governor shall designate a member appointed by the Governor to serve as Chair of the Board, who shall serve as Chair at the pleasure of the Governor.

(c) All members of the Board appointed by the Governor must possess the following qualifications:

(1) Knowledge of health-care policy, health-care delivery, or business, finance, or accounting.

(2) Knowledge, experience, and characteristics that complement those of the remaining members of the Board.

(3) Impartiality and the ability to remain free from undue influence by a personal, business, or professional relationship with any person subject to supervision or regulation by the Board.

(d) The Chair of the Delaware Health Care Commission shall set the date for the initial meeting of the Board and shall set the date of the next meeting if the Chair is vacant.

(e) The members of the Board appointed by the Governor shall each receive a salary as appropriated in the annual Appropriations Act, to be paid in equal monthly payments by the Treasurer of the State.

(f) (1) Four voting members constitutes a quorum of the Board and, except as set forth in paragraph (f)(2) of this section, the Board may take action by affirmative vote of a majority of members present and voting.

(2) The following actions require the affirmative vote of a majority of the voting members of the Board:

a., b. [Repealed.]

c. An enforcement action under § 9957 of this title.

d. Approval of a benchmark compliance plan under § 9954 of this title.

e. Adoption of a regulation under this subchapter.

f. Adoption of written findings of fact and determinations under § 9953(d)(7) of this title.

(g) The Board shall promulgate rules and regulations necessary for the implementation of this subchapter including a schedule for submission of information required from hospitals under § 9953 of this title and a Manual providing uniform definitions and submission criteria for the budget reporting categories listed in § 9953 of this title.
16 Del. C. § 1010A — Delaware Code / Title 16 / Chapter 10A / Section 1010A
§ Â
        1010A. Penalties.
Status: in_force

A determination that a health-care facility has violated the provisions of this chapter may result in any of the following:

(1) Termination of licensure or other sanctions relating to licensure under Chapter 10 of this title; or

(2) A civil penalty of up to $500 per day per violation for each day the healthcare facility is in violation of this chapter.
16 Del. C. § 1507 — Delaware Code / Title 16 / Chapter 15 / Section 1507
§ Â
        1507. Penalties; jurisdiction.
Status: in_force

(a) Whoever violates this chapter or any order or regulation of the Department of Health and Social Services or any laws of this State conferring powers upon boards of health or refuses or omits to obey such order and regulation within the time prescribed for the performance thereof, or obstructs or interferes with the execution of such order or regulation, shall, for the first offense, be fined not less than $10 and not more than $100 and for any subsequent offense not less than $25 nor more than $200.

(b) Prosecutions under this section may be brought before the alderperson of the incorporated town in which the violation occurs.
16 Del. C. § 7929 — Delaware Code / Title 16 / Chapter 79 / Section 7929
§ Â
        7929. Storm water.
Status: in_force

Storm water from roofs and paved areas, yards, courts and courtyards shall be drained into a storm water sewerage system or a combined sewerage system, but not into a sanitary sewerage system intended for sewage only. Inside roof leaders, downspouts and storm water house drains shall be designed and constructed as are other drainage pipes.
16 Del. C. § 4753 — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4753
§ Â
        4753. Drug dealing or possession; class C or E 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 2 quantity.

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

(b) (1) Violation of subsection (a)(1) of this section is a class C felony.

(2) Violation of subsection (a)(2) of this section is a class E felony
16 Del. C. § 4711 — Delaware Code / Title 16 / Chapter 47 / Subchapter II / Section 4711
§ Â
        4711. Administration.
Status: in_force

The Secretary shall administer this chapter. Except as otherwise provided in this chapter, the Secretary may delete or reschedule substances enumerated in the schedules of controlled substances only if:

(1) Such substances have been deleted from or rescheduled within the federal schedules of controlled substances by the Attorney General of the United States pursuant to 21 USC § 811, et seq.; and

(2) The findings required by this chapter for placement of substances in the schedules of controlled substances have been made.
16 Del. C. § 5024 — Delaware Code / Title 16 / Chapter 50 / Section 5024
§ Â
        5024. Examinations of persons relative to parole, pardon or commutation of sentence in case of certain crimes.
Status: in_force

Whenever the Director of the Division of Substance Abuse and Mental Health or the Director of the Division of Developmental Disabilities Services receives a request from the Commissioner of the Department of Correction, relative to parole, pursuant to § 4353 of Title 11, or relative to pardon or commutation of sentence, pursuant to § 4362 of Title 11, for psychiatric examination and psychological clinical studies, and a report containing an opinion of the prisoner’s condition and of the probability of the prisoner’s again committing crimes similar to the 1 for which the prisoner was incarcerated, or other crimes, the Director shall cause such examination and studies to be made at the correctional institution or the Delaware Psychiatric Center, and copies of the report shall be delivered to each member of the Parole Board or the Board of Pardons, as the case may be; and in cases of pardons and commutations of sentence, a copy to the Governor.
16 Del. C. § 3005H — Delaware Code / Title 16 / Chapter 30H / Section 3005H
§ Â
        3005H. Enforcement.
Status: in_force

The Division of Public Health shall enforce the provisions of this chapter. Any civil penalties collected under this chapter shall be directed to the Division of Public Health for enforcement and education related to this chapter.
16 Del. C. § 1506 — Delaware Code / Title 16 / Chapter 15 / Section 1506
§ Â
        1506. Plans for construction or alteration of a water supply system.
Status: in_force

All plans for the construction or alteration of a water supply system shall be submitted to the Division of Public Health of the Department of Health and Social Services for approval before the construction or alteration of said water supply system begins. Notwithstanding the exclusions in § 1501(b) of this title, the Division of Public Health may review and inspect the construction of wells, dams, reservoirs, surface water intakes and waterway obstructions for health aspects, including but not limited to such features as venting, grouting, integrity of well seals and protection from contamination. Any negative health aspects observed by the Division of Public Health during such review or inspection shall be referred to the Department of Natural Resources and Environmental Control for investigation, resolution or enforcement action. In addition, and pursuant to § 7931 of this title, a dug well or any type of private water supply that is located where there is access to a public water supply shall not be permitted unless the private water supply is approved in writing by the Department of Health and Social Services.
16 Del. C. § 9302B — Delaware Code / Title 16 / Chapter 93B / Section 9302B
§ Â
        9302B. Surgical smoke evacuation requirements.
Status: in_force

(a) On or before April 1, 2026, a health-care employer must adopt and implement policies that require the use of a smoke evacuation system during any surgical procedure that is likely to generate surgical smoke.

(b) The Division of Health Care Quality will enforce this section under its existing authority in § 122 and Chapter 10 of this title.
16 Del. C. § 3018F — Delaware Code / Title 16 / Chapter 30F / Subchapter II / Section 3018F
§ Â
        3018F. Program administration.
Status: in_force

(a) The Department shall administer the Program and is responsible for all of the following:

(1) Determining eligibility of individuals and nonprofit organizations.

(2) Management of nonprofit grants and reporting.

(3) Directing the collection of revenue.

(4) Enrolling veterinary provider participants.

(5) Processing payments for veterinary reimbursement and other expenses.

(6) Utilization of the Spay/Neuter Fund to meet Program goals.

(7) All other matters necessary for administration and enforcement of the Program.

(b) All reimbursement shall be through the Department.

(c) The cost of administering the Program may be reimbursed from the Spay/Neuter Fund.
16 Del. C. § 6636 — Delaware Code / Title 16 / Chapter 66 / Subchapter IV / Section 6636
§ Â
        6636. Exceptions; claims of negligence.
Status: in_force

Failure to comply with this subchapter shall not be considered as evidence of either comparative or contributory negligence in any civil suit or insurance claim adjudication arising out of any injury or death arising from a fire or the direct consequences of a fire; nor shall failure to comply with this subchapter be admissible as evidence in any trial of any civil action or insurance claim adjudication.
16 Del. C. § 154 — Delaware Code / Title 16 / Chapter 1 / Subchapter IV / Section 154
§ Â
        154. Admittance to Emily P. Bissell Hospital.
Status: in_force

The Division of Public Health may admit such persons to the institution known as the Emily P. Bissell Hospital for the prevention and treatment of tuberculosis and other chronic diseases which are amenable to treatment, rehabilitation or both, as in the judgment of the Division may be proper and may provide for the care, treatment and support of such persons under such rules and regulations as may be from time to time established by the Division.
16 Del. C. § 7201 — Delaware Code / Title 16 / Chapter 72 / Section 7201
§ Â
        7201. Definitions.
Status: in_force

(a) The term “liquefied petroleum gas” as used in this chapter means any material which is composed predominately of any of the following hydrocarbons or mixtures of the same: Propane, propylene, butanes (normal butane and isobutane) and butylenes.

(b) The term “owner” as used in this chapter means any person who holds a written bill of sale under which title or ownership to a container was transferred to such person or any manufacturer of a container who has not sold or transferred ownership thereof by written bill of sale.

(c) The term “person” as used in this chapter means any person, firm or corporation.
16 Del. C. § 1604 — Delaware Code / Title 16 / Chapter 16 / Section 1604
§ Â
        1604. Unlawful activities.
Status: in_force

(a) Littering. —

It is unlawful for a person to deposit, throw, release, or leave, or cause or permit the depositing, placing, throwing, or leaving of litter on public or private property of this State, unless either of the following 2 conditions is met:

(1) The property is designated by the State or by any of its agencies or political subdivisions for the management of litter, and the person is authorized by the proper public authority to use the property for that purpose.

(2) Both of the following apply:

a. The litter is placed in a litter receptacle or container installed on or at the property.

b. The person is the owner or tenant in lawful possession of the property or has first obtained consent of the owner or tenant in lawful possession, or the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare.

(b) Dumping. —

It is unlawful for a person to dump litter in substantial quantities on public or private property, except under paragraphs (a)(1) through (a)(2) of this section.

(c) Mass release of balloons. —

It is unlawful for a person to intentionally release, or intentionally cause or permit the release of, 5 or more balloons on private or public property of this State.

(d) This section does not apply to any of the following:

(1) A balloon that is released for scientific or meteorological purposes, on behalf of a governmental agency, or under a governmental contract.

(2) A hot air balloon that is recovered after launching.

(3) A balloon that is released and remains indoors.

(4) A balloon that, for recreational purposes, is filled with water and recovered after recreation.

(5) A balloon that is unintentionally or negligently released.
16 Del. C. § 3001F — Delaware Code / Title 16 / Chapter 30F / Subchapter I / Section 3001F
§ Â
        3001F. Definitions.
Status: in_force

For purposes of this subchapter:

(1) “Animal shelter” means a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals and that is operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. “Animal shelter” shall not include individuals providing temporary foster care to animals in their home or to animal rescue groups sheltering animals on an individual’s private property.

(2) “Business day” means each day the shelter is open to the public for reclamation and adoption.

(3) “Department” means the Department of Health and Social Services or its duly authorized representatives.

(4) “Ear-tip” means the removal of approximately a quarter-inch off the tip of a cat’s left ear while the cat is anesthetized to help identify the cat as having been sterilized and vaccinated for rabies at the time of ear-tipping.

(5) “Free-roaming cat program” means a program in which visibly healthy cats admitted to a shelter, not placed for adoption, and lacking discernible owner identification, are sterilized, vaccinated against rabies, ear-tipped, and returned to a safe location where they were found or, if necessary, appropriately relocated. However, no free-roaming cat or feral cat shall be relocated to public lands managed for wildlife or outdoor recreation activities, including but not limited to lands owned or managed by the Department of Natural Resources and Environmental Control, the Delaware Department of Agriculture, the National Park Service or the U.S. Fish and Wildlife or to lands recognized to be located within coastal migratory bird flyways.

(6) “Intake” means the number of live animals for which an animal shelter assumes custody and are admitted for temporary shelter and care. Intake includes all animals admitted to the shelter, foster care, or a satellite location.

(7) “Isolation” means the physical separation and confinement of an animal or group of animals who are infected with a communicable disease from nonisolated animals to prevent or limit the transmission of the disease.

(8) “Licensed veterinarian” means a veterinarian licensed to practice veterinary medicine pursuant to Title 24.

(9) “Licensed veterinary technician” means an individual licensed as a veterinary technician pursuant to Title 24.

(10) “Quarantine” means the physical separation and confinement of an animal or group of animals who have or may have been exposed to a contagious disease and who do not show signs or symptoms of communicable disease from nonquarantined animals to prevent or limit the transmission of the disease.

(11) “Return to field” means a program whereby community cats that have been admitted to an animal shelter are returned to the place they were found after being processed as an intake, sterilized, ear-tipped, and vaccinated against rabies.
16 Del. C. § 313 — Delaware Code / Title 16 / Chapter 3 / Section 313
§ Â
        313. Care of persons having infectious or contagious disease.
Status: in_force

The local board of health may procure suitable places for the reception of persons under quarantine and persons sick with the Asiatic or malignant cholera or any other malignant of infectious or contagious disease. In all cases where sick persons cannot otherwise be provided for, the local board may procure for them proper medical and other attendance and necessaries.
16 Del. C. § 1013 — Delaware Code / Title 16 / Chapter 10 / Subchapter I / Section 1013
§ Â
        1013. Designation of hospitals as primary stroke centers.
Status: in_force

(a) The Secretary of Health and Social Services shall designate as a comprehensive stroke center any acute care hospital within Delaware, or an out-of-state acute care hospital upon request, which has received Advanced Certification for Comprehensive Stroke Centers issued by the Joint Commission or an equivalent certification by another nationally-recognized guidelines-based accrediting organization as determined by the Secretary.

(b) The Secretary of Health and Social Services shall designate as a primary stroke center any acute care hospital within Delaware, or an out-of-state acute care hospital upon request, which has received Advanced Certification for Primary Stroke Centers issued by the Joint Commission or an equivalent certification by another nationally-recognized guidelines-based accrediting organization as determined by the Secretary.

(c) The Secretary of Health and Social Services shall designate as an acute stroke ready center any acute health-care facility within Delaware, or an out-of-state acute health-care facility upon request, which has received Advanced Certification for Acute Stroke Ready Centers issued by the Joint Commission or an equivalent certification by another nationally-recognized guidelines-based accrediting organization as determined by the Secretary.

(d) The Secretary of Health and Social Services shall designate as a thrombectomy-capable stroke center any acute health-care facility within Delaware, or an out-of-state acute health-care facility upon request, which has received Advanced Certification for Thrombectomy-Capable Stroke Centers issued by the Joint Commission or an equivalent certification by another nationally-recognized guidelines-based accrediting organization as determined by the Secretary.

(e) The Secretary of Health and Social Services may establish other distinct categories of stroke center certification if additional categories are established by the Joint Commission or by an equivalent nationally recognized guidelines-based accrediting organization as determined by the Secretary, and may designate any acute health-care facility as such based on certification by the Joint Commission or other nationally-recognized guidelines-based accrediting organization.

(f) The Secretary of Health and Social Services shall suspend or revoke a facility’s designation as a comprehensive stroke center, primary stroke center, acute stroke ready center or other categorization if the Joint Commission or equivalent nationally-recognized guidelines-based accrediting organization as determined by the Secretary suspends or revokes a facility’s certification.
16 Del. C. § 1208 — Delaware Code / Title 16 / Chapter 12 / Subchapter I / Section 1208
§ Â
        1208. Violations, penalties for unlawful disclosure of genetic information, jurisdiction.
Status: in_force

(a) Any person who wilfully retains an individual’s genetic information or retains an individual’s sample in violation of this subchapter shall be punished by a fine of not less than $1,000 nor more than $10,000.

(b) Any person who wilfully obtains or discloses genetic information in violation of this subchapter shall be punished by a fine not less than $5,000 nor more than $50,000.

(c) Any person who wilfully discloses an individual’s genetic information in violation of this subchapter, shall be liable to the individual for all actual damages, including damages for economic, bodily or emotional harm which is proximately caused by the disclosure.

(d) The Superior Court shall have jurisdiction over all violations of this subchapter.
16 Del. C. § 4742 — Delaware Code / Title 16 / Chapter 47 / Subchapter III-A / Section 4742
§ Â
        4742. Legislative findings and intent; construction of this subchapter.
Status: in_force

The General Assembly has determined that the sale and delivery of prescription drugs by internet sites which are not licensed pharmacies and which dispense prescription drugs to patients without the existence of a bona fide patient-practitioner relationship constitutes an extreme danger to the safety and welfare of Delaware residents. The General Assembly has also determined that existing laws are not sufficiently punitive to deter these internet sites, and the unscrupulous practitioners and pharmacists who help them, from unlawfully selling and delivering prescription drugs to the residents of this State. The intent of this subchapter is to completely stop these rogue internet pharmacies from delivering prescription drugs into this State and, therefore, the provisions of this subchapter shall be liberally construed to effect its remedial purpose.
16 Del. C. § 9203 — Delaware Code / Title 16 / Chapter 92 / Section 9203
§ Â
        9203. Definitions.
Status: in_force

In this chapter, the following words and terms shall, unless the context otherwise requires, have the following meanings:

(1) “Authority,” the Health Facilities Authority created by § 9204 of this title.

(2) “Bonds” or the words “revenue bonds” shall mean revenue bonds of the Authority issued under this chapter, including revenue refunding bonds notwithstanding that the same may be secured by mortgage or by the full faith and credit or by any other lawfully pledged security of 1 or more participating facilities.

(3) “Cost,” as applied to a project or any portion thereof financed under this chapter embraces all or any part of the costs of a project, whether capital or otherwise, including the cost of construction, acquisition, alteration, enlargement, reconstruction and remodeling of a project including all lands, structures, real or personal property, rights, rights-of-way, air right, franchises, easements and interests acquired or used for or in connection with a project, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to, during and for a period after completion of such construction and acquisition, provisions for reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations and improvements, the cost of architectural engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and of revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing the project and such other expenses as may be necessary or incident to the construction and acquisition of the project, the financing of such construction and acquisition and the placing of the project in operation.

(4) “Facility,” a health-care facility within the State, including a hospital, psychiatric hospital, tuberculosis hospital, skilled nursing facility, kidney disease treatment center, including freestanding hemodialysis unit, intermediate care facility, ambulatory health-care facility, freestanding emergency facility, home health agency and blood bank.

(5) “Participating facility,” a facility which, pursuant to this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in this chapter.

(6) “Project,” in the case of a participating health-care facility, any activity whether a capital improvement or otherwise, within the State, including any structure or structures suitable for use as a hospital, clinic or other health-care facility, laboratory, laundry, nurses’ or interns’ residence as a part of the health-care facility, or other multi-unit housing facility for staff, employees, patients or relatives of patients admitted for treatment in such health-care facility, doctors’ office building, administration building, research facility, maintenance, storage or utility facility as a part of the health-care facility and other structures or facilities related to any of the foregoing or required or useful for the operation of a health-care facility, including parking and other facilities or structures essential or convenient for the orderly conduct of such health-care facility, and shall also include landscaping, site preparation, furniture, equipment and machinery and other similar items necessary or convenient for the operation of a particular health-care facility or structure in the manner for which its use is intended; and “project” may include any combinations of 1 or more of the foregoing undertaken jointly by any participating facility with 1 or more other participating facilities.
16 Del. C. § 7401B — Delaware Code / Title 16 / Chapter 74B / Section 7401B
§ Â
        7401B. Short title.
Status: in_force

This chapter shall be known and cited as the “Overhead High-Voltage Line Safety Act.”
16 Del. C. § 933 — Delaware Code / Title 16 / Chapter 9 / Subchapter III / Section 933
§ Â
        933. Power and authority of investigations and reviews.
Status: in_force

(a) In connection with any investigation and review conducted under § 931(b)(7) and (b)(8) of this title, the Commission, by and through its committees, panels, staff, contractors, or volunteers, has power and authority to do all of the following:

(1) Administer oaths and affirmations to any person related to the death, near death, or suspected human trafficking under review.

(2) Issue subpoenas to compel the attendance of witnesses whose testimony is related to the death, near death, or suspected human trafficking under review.

(3) Issue subpoenas to compel the production of records related to the death, near death, or suspected human trafficking under review.

(4) Identify findings and strengths impacting the multidisciplinary investigation, and provide best practices, guidance, and support to the multidisciplinary team performing the team’s duties under this chapter.

(b) The Commission may delegate its power and authority in subsection (a) of this section to the Child Advocate, who may further delegate the power and authority to any attorney employed by, contracting with, or volunteering for the Office of the Child Advocate.

(c) A subpoena issued under subsection (a) of this section may be enforced or challenged only in the Family Court.

(1) All proceedings before the Family Court and all records of such proceedings conducted under this subsection are private.

(2) In a proceeding under this subsection (c), the Family Court may impose reasonable restrictions, conditions, or limitations on the access to proceedings and records of proceedings to preserve the confidentiality set forth in § 934 of this title.
16 Del. C. § 531 — Delaware Code / Title 16 / Chapter 5 / Subchapter II / Section 531
§ Â
        531. Confidentiality.
Status: in_force

All information held by the Division relating to known or suspected cases of tuberculosis or exposure to tuberculosis shall be strictly confidential. Said information shall not be released or made public upon subpoena or otherwise, except that release may be made under the following circumstances:

(1) Release is made of medical or epidemiological information for statistical purposes so that no person can be identified; or

(2) Release is made of medical or epidemiological information with the consent of all persons identified in the information released; or

(3) Release is made of medical or epidemiological information to medical personnel, appropriate state agencies or state courts to the extent required to enforce the provisions of this chapter and related rules and regulations concerning the control and treatment of tuberculosis; or

(4) Release is made of medical or epidemiological information to medical personnel in a medical emergency to the extent necessary to protect the health or life of the named party or group of persons; or

(5) Release is made during the course of civil or criminal litigation to a person allowed access to said records by a court order which is issued in compliance with the following provisions:

a. No court of this State shall issue such order unless the court finds that the person seeking the records and information has demonstrated a compelling need for such records which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the need for disclosure against the privacy interest of the subject and the public interest which may be disserved by disclosure which deters future testing and treatment or which may lead to discrimination.

b. Pleadings pertaining to disclosure of such records shall substitute a pseudonym for the true name of the subject of the records. The disclosure to the parties of the subject’s true name shall be communicated confidentially, in documents not filed with the court.

c. Before granting any such order, the court shall provide the subject whose records are in question with notice and a reasonable opportunity to participate in the proceedings if the subject is not already a party.

d. Court proceedings as to disclosure of such records shall be conducted in camera unless the subject agrees to a hearing in open court or unless the court determines that a public hearing is necessary to the public interest and the proper administration of justice.

e. Upon issuance of an order to disclose such records, the court shall impose appropriate safeguards against unauthorized disclosure, which shall specify the persons who may have access to the information, the purposes for which the information shall be used and appropriate prohibition on future disclosures.
16 Del. C. § 6103 — Delaware Code / Title 16 / Chapter 61 / Subchapter II / Section 6103
§ Â
        6103. Supplementary agreements.
Status: in_force

The compact administrator may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this State or require or contemplate the provision of any service by this State, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
16 Del. C. § 4805B — Delaware Code / Title 16 / Chapter 48B / Section 4805B
§ Â
        4805B. Enforcement.
Status: in_force

The Attorney General may bring an action on behalf of the State to enforce this chapter. The Attorney General may recover interest and reasonable attorney fees and expenses as a result of a successful action to enforce this chapter. Any attorney fees recovered in an action to enforce this chapter must be remitted to the Fund.