16 Del. C. § 9603 — Delaware Code / Title 16 / Chapter 96 / Section 9603
§ Â
        9603. Commission for Statewide Contracts to Support Employment for Individuals with Disabilities â Appointment; composition; terms; vacancies; compensation.
Status: in_force

(a) The Commission for Statewide Contracts to Support Employment for Individuals with Disabilities is established to fulfill the duties under § 9604 of this title.

(b) The Commission shall consist of 7 voting members and 3 nonvoting members and shall be comprised of the following:

(1) Voting members:

a. The Director of Government Support Services.

b. The Director of the Division of Vocational Rehabilitation.

c. The Secretary of Finance.

d. Four public members appointed by the Governor.

1. At least 1 of these must be an individual with a disability or a family member of an individual with a disability, who is 14 years old or younger.

2. With the exception of a public member appointed under paragraph (b)(1)d.1. of this section, no public member may be affiliated with an entity or organization that has or is seeking to obtain a set-aside contract under this chapter.

(2) Nonvoting members:

a. One representative of a CRP that employs individuals with disabilities.

b. The Director of the Ability Network of Delaware.

c. The Director of the Division for the Visually Impaired.

(c) Members who serve by virtue of position may appoint a designee to serve in their stead.

(d) Appointed members and designees serve in their stead at the pleasure of their respective appointing authority.

(e) The Governor shall appoint 1 of the public members as the Commission Chair.

(f) A majority of the voting members on the Commission constitutes a quorum to conduct official business.

(g) Members of the Commission shall serve without compensation other than reimbursement for expenses actually incurred in connection with the work of the Commission, and for travel expenses when away from their homes or regular places of business.

(h) The Commission may secure, directly from any agency of this State, information necessary to enable it to carry out this chapter. Upon request of the Chair of the Commission, the head or administrator of such agency shall furnish the requested information to the Commission.

(i) The Commission shall, not later than 90 days following the close of each fiscal year, transmit to the Governor and to the General Assembly a report which shall include the names of the Commission members serving in the preceding fiscal year, the dates of the Commission meetings in that year, a description of its activities during that year, and any recommendations for changes in the law which the Commission might suggest.

(j) Notwithstanding any other provision of the Delaware Code, members of the Commission may participate in a meeting of the Commission by means of conference telephone or other communications equipment by which all persons participating in the meeting can hear each other. Participating in a meeting pursuant to this subsection shall constitute presence in person at the meeting.
16 Del. C. § 10312 — Delaware Code / Title 16 / Chapter 103 / Subchapter II / Section 10312
§ Â
        10312. Definitions.
Status: in_force

As used in this chapter, unless amended, supplemented, or otherwise modified by regulations adopted under this chapter:

(1) “Board” means the Delaware Health Information Network Board of Directors.

(2) “Claims data” includes required claims data and additional health-care claims information that a voluntary reporting entity may elect, through entry into an appropriate data submission and use agreement under this subchapter, to submit to the Delaware Health Care Claims Database.

(3) “DHIN” means the Delaware Health Information Network.

(4) “Health-care services” means as defined in § 6403 of Title 18.

(5) “Health insurer” means as defined in § 4004 of Title 18. “Health insurer” does not include a provider of any of the following:

a. Casualty insurance, as “casualty insurance” is defined under § 906 of Title 18.

b. Group long-term care insurance, as “group long-term care insurance” is defined in § 7103 of Title 18.

c. A dental plan, as “dental plan” is defined under § 3802 of Title 18.

d. A dental plan organization, as “dental plan organization” defined under § 3802 of Title 18.

(6) “Mandatory reporting entity” means each of the following entities, to the extent permitted under federal law:

a. 1. The State Employee Benefits Committee and the Office of Management and Budget, under each entity’s respective statutory authority to administer the State Group Health Insurance Program in Chapter 96 of Title 29.

2. A health insurer, third-party administrator, or other entity that receives or collects charges, contributions, or premiums for, or adjusts or settles health claims for, a State employee, or a spouse or dependent of a State employee, participating in the State Group Health Insurance Program. However, a carrier, as defined in § 5290 of Title 29, that the State Group Health Insurance Program has selected to offer supplemental insurance program coverage under Chapter 52C of Title 29 is not included in the definition of “mandatory reporting entity”.

b. The Division of Medicaid and Medical Assistance, with respect to services provided under programs administered under Titles XIX and XXI of the Social Security Act (42 U.S.C. §§ 1396 et seq. and 1397aa et seq.).

c. A health insurer or other entity that is certified as a qualified health plan on the Delaware Health Insurance Marketplace for plan year 2017 or a subsequent plan year. However, a health insurer or other entity that is not otherwise required to provide claims data as a condition of certification as a qualified health plan on the Delaware Health Insurance Marketplace for plan year 2017 or a subsequent plan year is not included in the definition of “mandatory reporting entity”.

d. A federal health insurance plan providing health-care services to a resident of this State, including Medicare and the Federal Employees Health Benefits Plan.

e. A health insurer providing health-care coverage to a resident of this State.

(7) “Pricing information” includes all of the following:

a. The preadjudicated price that a provider or facility charges to a reporting entity for health-care services.

b. The amount a patient or insured individual pays, including copays and deductibles.

c. The postadjudicated price that a reporting entity pays to a provider for health-care services.

(8) “Provider” means a hospital or health-care practitioner that is licensed, certified, or authorized under state law to provide health-care services. “Provider” includes a hospital or health-care practitioner participating in a group arrangement, including an accountable care organization, in which the hospital or health-care practitioner agrees to assume responsibility for the quality and cost of health care for a designed group of beneficiaries.

(9) “Reporting date” means a calendar deadline that is scheduled on a regularly recurring basis, by which a mandatory reporting entity must submit required claims data to the Delaware Health Care Claims Database.

(10) “Required claims data” includes the basic claims information that a mandatory reporting entity must submit to the Delaware Health Care Claims Database by the reporting date, including all of the following:

a. Basic demographic information, including the patient’s gender, age, and geographic area of residency.

b. Basic information relating to an individual service, encounter, visit, or episode of care, including all of the following:

1. The date and time of a patient’s admission and discharge.

2. The identity of the health-care services provider.

3. The location and type of facility, such as a hospital, office, or clinic, where the service, encounter, visit, or episode of care was provided.

c. Information describing the nature of health-care services provided to the patient in connection with the service, encounter, visit, or episode of care, including diagnosis codes.

d. Health insurance product type, such as HMO or PPO.

e. Pricing information.

(11) “Third-party administrator” means as defined in § 102 of Title 18.

(12) “Voluntary reporting entity” includes, except as prohibited under applicable federal law, any of the following entities, unless the entity is a mandatory reporting entity:

a. A health insurer.

b. A third-party administrator.

c. An entity that is not a health insurer or third-party administrator, if the entity receives or collects charges, contributions, or premiums for, or adjusts or settles health-care claims for, residents of this State.
16 Del. C. § 1042 — Delaware Code / Title 16 / Chapter 10 / Subchapter III / Section 1042
§ Â
        1042. Hospital Quality and Health Equity Fund establishment and funding [For application of this section, see 84 Del. Laws, c. 476, Â 4].
Status: in_force

(a) There is established in the State Treasury and in the accounting system of this State a special fund to be known as the “Hospital Quality and Health Equity Fund” (“Fund”).

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

(1) The assessments collected under subchapter II of this chapter.

(2) Interest credited to the Fund under subsection (c) of this section.

(c) The State Treasurer shall invest the Fund consistent with the investment policies established by the Cash Management Policy Board and credit interest to the Fund monthly consistent with the rate established by the Cash Management Policy Board.
16 Del. C. § 2506C — Delaware Code / Title 16 / Chapter 25C / Section 2506C
§ Â
        2506C. Right to rescind request [For application of this section, see 85 Del. Laws, c. 19, Â 3].
Status: in_force

(a) At any time, an individual may rescind a request for medication to end life in a humane and dignified manner without regard to the individual’s mental state.

(b) An attending physician or attending APRN may not write a prescription for medication to end life in a humane and dignified manner under this chapter unless the attending physician or attending APRN has offered the individual an opportunity to rescind the request.
16 Del. C. § 3031F — Delaware Code / Title 16 / Chapter 30F / Subchapter III / Section 3031F
§ Â
        3031F. Powers, duties, and functions of animal welfare officers of the Department of Health and Social Services and the Department of Agriculture.
Status: in_force

(a) The Office of Animal Welfare within the Department of Health and Social Services shall enforce all animal cruelty laws in the State, except in cases of domestic agricultural animals specified in § 101(8) of Title 3, where the Department of Agriculture shall have primary enforcement authority. In cases of imminent danger, the Office of Animal Welfare and the Department of Agriculture shall have concurrent jurisdiction to seize and impound an animal and take any other necessary step to alleviate the imminent danger or preserve evidence.

(b) The Office of Animal Welfare within the Department of Health and Social Services shall enforce all dog control, dog barking laws, dangerous dog and animal fighting laws, and laws concerning the maintenance of a dangerous animal in the State.

(c) The Office of Animal Welfare is a “law-enforcement agency” for purposes of § 8901B of Title 11 and any other purpose relating to communication and access to criminal justice information.

(d) Animal welfare officers of the Office of Animal Welfare or Department of Agriculture shall be trained and certified pursuant to § 122(3)bb. of this title.

(e) Animal welfare officers of the Office of Animal Welfare shall have the power to investigate, search, seize, detain and arrest when investigating and enforcing animal cruelty and fighting, dog control, dog barking, or dangerous animal laws.

(f) The Department of Agriculture shall have the power to investigate, search, seize and issue criminal summons when investigating and enforcing animal cruelty laws.

(g) Animal welfare officers of the Office of Animal Welfare and the Department of Agriculture shall have no police powers to investigate or enforce laws other than those related to animal cruelty or fighting, dog control, dog barking, or dangerous animal laws.

(h) Animal welfare officers of the Office of Animal Welfare or the Department of Agriculture shall not be permitted to carry firearms while on duty as such.
16 Del. C. § 6716 — Delaware Code / Title 16 / Chapter 67 / Section 6716
§ Â
        6716. Penalty for disobeying fire officer-in-charge.
Status: in_force

Any owner or occupant of any building or premises or any other person who refuses to obey the orders of a fire officer-in-charge in the exercise of the officer’s duties shall be fined not more than $300 or imprisoned not more than 10 days.
16 Del. C. § 4741 — Delaware Code / Title 16 / Chapter 47 / Subchapter III-A / Section 4741
§ Â
        4741. Short title.
Status: in_force

This subchapter shall be known as the “Safe Internet Pharmacy Act.”
16 Del. C. § 9707 — Delaware Code / Title 16 / Chapter 97 / Section 9707
§ Â
        9707. Confidentiality of quality review program and participants.
Status: in_force

(a) Confidentiality of quality review program and participants. — As used in this section, “records” means the recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data and other documentation generated by the Trauma System Committee or its subcommittees for the stated purposes of trauma system medical review or quality care review and audit.

All quality management proceedings shall be confidential. Records of the Trauma System Committee, its quality care review committee and members, attendees and visitors at meetings held for stated purposes of trauma system medical review or quality care review and audit shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena or admission into evidence in any judicial or administrative proceeding. Raw data shall not be available for public inspection nor is it a public record within the meaning of the Delaware Freedom of Information Act [Chapter 100 of Title 29].

(b) Confidentiality of Delaware Emergency Medical Services Oversight Council (DEMSOC) quality review program and participants. — As used in this section, “records” means the recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data and other documentation generated by the Delaware Emergency Medical Services Oversight Council (DEMSOC) or its subcommittees for the stated purposes of the Emergency Medical Services System medical review or quality care review and audit. All quality management proceedings shall be confidential. Records of DEMSOC, its quality care review subcommittees and members, attendees and visitors at meetings held for stated purposes of the Emergency Medical Services Systems medical review or quality care review and audit shall not be available for public inspection nor are they a public record within the meaning of the Delaware Freedom of Information Act [Chapter 100 of Title 29], and shall be protected from direct or indirect means of discovery, subpoena or admission into evidence in any judicial or administrative proceeding. Raw data and original records relating to medical care shall not be available for public inspection nor are they a public record within the meaning of the Delaware Freedom of Information Act, except to the extent that such raw data and original records relating to medical care would have been subject to disclosure or discovery pursuant to other statute or court rule.

(c) Confidentiality of Emergency Medical Services for Children Advisory Committee. — Records of the EMSC Advisory Committee, its quality care review committee and members, attendees and visitors at meetings held for stated purposes of pediatric emergency care system medical review or quality care review and audit shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena or admission into evidence in any judicial or administrative proceeding. Raw data shall not be available for public inspection nor is it a public record within the meaning of the Delaware Freedom of Information Act [Chapter 100 of Title 29].

(d) Confidentiality of Stroke Quality Review Program and participants. — As used in this section “records” means the recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data and other documentation generated by the Stroke System Committee or its subcommittees for the stated purposes of stroke system medical review or quality care review and audit. All quality management proceedings shall be confidential. Records of the Stroke System Committee, its Quality Care Review Committee and members, attendees and visitors at meetings held for stated purposes of stroke system medical review or quality care review and audit shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. Raw data shall not be available for public inspection nor is it a public record within the meaning of the Delaware Freedom of Information Act [Chapter 100 of Title 29].

(e) Immunity. — No person shall be subject to, and shall be immune from, any claim, suit, liability, damages or any other recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken or performed, or recommendation made while discharging any duty or authority under this chapter, so long as such person acted in good faith without malice, and within the scope of such person’s duty or authority under this chapter or any other provisions of the Delaware law, federal law or regulations or duly adopted rules and regulations providing for the administration of this chapter, good faith being presumed until proven otherwise, with malice required to be shown by the complainant.

(f) Confidentiality of overdose system of care review program and participants. — (1) For purposes of this subsection, “records” means recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data, and other documentation generated by the Overdose System of Care Committee or its ad hoc committees for the stated purpose of overdose system medical review or quality care review and audit.

(2) All overdose system medical review or quality management proceedings are confidential.

(3) Records and raw data collected or created by the Overdose System of Care Committee and members, attendees, and visitors at meetings held for the stated purpose of overdose system medical review, quality care review, or audit are confidential and privileged and are be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding and are specifically excluded from the definition of public record as set forth at § 10002 of Title 29.
16 Del. C. § 107 — Delaware Code / Title 16 / Chapter 1 / Subchapter I / Section 107
§ Â
        107. Neglect of duty; penalty.
Status: repealed

(a) Whoever refuses, fails or neglects to perform the duties required under this chapter, or violates, neglects or fails to comply with the duly adopted regulations or orders of the Department of Health and Social Services, shall be fined not less than $100 and not more than $1000, together with costs, unless otherwise provided by law.

(b), (c) [Repealed.]

(d) (1) Notwithstanding the foregoing, whoever refuses, fails or neglects to perform duties required of trained and certified individuals and firms under § 122(3)t. of this title, or who violates, neglects or fails to comply with duly adopted regulations or orders of the Department regarding the standards for regulation of lead-based paint, including the training and certification of companies and workers engaged in lead-based paint activities, work practice standards and the accreditation of lead-based paint hazard training programs, shall be subject to a criminal penalty up to $10,000 per day, together with costs, for every day from and after the effective date of an order of the Department specifically directing compliance until such time compliance has been achieved. The Justice of the Peace Courts shall have jurisdiction to adjudicate offenses under this subsection.

(2) In appropriate cases, Department-issued orders concerning lead-based paint activities and duties imposed by law upon such persons engaged in lead-based paint activities governed by this code may be compelled by mandamus or injunction.

(3) At the discretion of the Department, in lieu of criminal action pursuant to paragraph (d)(1) of this section, the Secretary shall be authorized to impose an administrative penalty of up to $10,000 per violation in accordance with the Administrative Procedures Act [Chapter 101 of Title 29] against any person or entity who violates the provisions of this chapter or the regulations promulgated pursuant to it. Assessment of an administrative penalty shall be determined by the nature, circumstances, extent and gravity of the violation or violations, ability of the violator to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require. Under this paragraph, each day a violation continues constitutes a separate violation.

(4) The Department shall have the authority to collect administrative penalties. All fees and penalties assessed by the Department under this subsection are hereby appropriated to the Department to carry out the purposes of § 122(3)t. of this title.

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

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

(e) All fees, fines, costs, and penalties assessed by the Department pursuant to this subsection shall be retained by the Department in order to defray associated costs. Superior Court shall have original jurisdiction to adjudicate criminal offenses under this subsection. Penalties sought or imposed pursuant to this section do not prohibit charges applicable under other titles of the Code, including but not limited to criminal fees, fines, costs, and penalties.
16 Del. C. § 6705 — Delaware Code / Title 16 / Chapter 67 / Section 6705
§ Â
        6705. Powers as superseding authorized police officers.
Status: in_force

Nothing contained in this chapter shall be construed to allow or permit the fire police, or any of them, to supersede the authority of a duly authorized police officer.
16 Del. C. § 205 — Delaware Code / Title 16 / Chapter 2 / Subchapter I / Section 205
§ Â
        205. Compulsion prohibited.
Status: in_force

Nothing in this subchapter may be construed to compel any person to submit to any medical or public health examination, treatment, or supervision.
16 Del. C. § 6851 — Delaware Code / Title 16 / Chapter 68 / Subchapter VII / Section 6851
§ Â
        6851. Donations to volunteer fire department.
Status: in_force

(a) Liability protection. — A person who donates qualified fire control or rescue equipment to a volunteer fire department shall not be liable for civil damages for personal injuries, property damage or loss, or death caused by the equipment after the donation.

(b) Exceptions. — Subsection (a) of this section does not apply to a person if:

(1) The person’s act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct;

(2) The person is the manufacturer of the qualified fire control or rescue equipment; or

(3) The person modified or altered the equipment after it had been recertified by an authorized technician as meeting the manufacturer’s specifications.

(c) Definitions. — (1) “Authorized technician” means a technician who has been certified by the manufacturer of fire control or fire rescue equipment to inspect such equipment. The technician need not be employed by a state or local agency administering the distribution of the fire control or fire rescue equipment.

(2) “Fire control or rescue equipment” shall be understood to include any fire vehicle, fire fighting tool, communications equipment, protective gear, fire hose, or breathing apparatus.

(3) “Person” shall be understood to include any governmental or other entity.

(4) “Qualified fire control or rescue equipment” shall mean fire control or fire rescue equipment that has been recertified by an authorized technician as meeting the manufacturer’s specifications.

(5) “Volunteer fire department” shall mean those volunteer fire departments which are subject to certification and regulation by the State Fire Prevention Commission.

(d) Effective date. — This section applies only to liability for injury, damage, loss, or death caused by equipment that, for purposes of subsection (a) of this section, is donated on or after May 27, 2010.
16 Del. C. § 4762 — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4762
§ Â
        4762. Hypodermic syringe or needle; delivering or possessing; disposal; exceptions.
Status: repealed

(a) A licensed pharmacist, or pharmacist intern or pharmacy student under the supervision of a pharmacist, may provide hypodermic syringes or hypodermic needles, including pen needles in the State without a prescription, but only to persons who have attained the age of 18 years. When providing hypodermic syringes or hypodermic needles without a prescription, the pharmacist, pharmacist intern or pharmacy student must require proof of identification that validates the individual’s age.

(b) Every person who lawfully possesses an instrument described in subsection (a) of this section shall, before disposal, destroy such instrument in such a manner as to render it unfit for reuse in any manner.

(c) [Repealed.]

(d) Nothing in this section shall prohibit the delivery, furnishing, sale, purchase or possession of an instrument commonly known as a hypodermic syringe or an instrument commonly known as a hypodermic needle used or to be used solely and exclusively for treating poultry or livestock and such delivery, furnishing, sale, purchase, possession or use shall be governed by rules and regulations to be prescribed by the Department of Agriculture.

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

(1) The sale at wholesale by pharmacies, drug jobbers, drug wholesalers, and drug manufacturers or manufacturers and dealers in surgical instruments to practitioners.

(2) The furnishing or obtaining of hypodermic syringes or hypodermic needles for uses which the Secretary determines are industrial. Notwithstanding the other provisions of this section, a person may obtain such instruments, without a written order or oral order reduced to writing, for such industrial uses.

(3) Any person licensed under the Delaware Board of Nursing or who is otherwise a licensed allied health professional who may provide syringes or hypodermic needles in the course of patient teaching, discharge teaching, or routine patient care to indigent clients in in-patient, out-patient, or community settings.
16 Del. C. § 1104A — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1104A
§ Â
        1104A. Voluntary accreditation for assisted living facilities.
Status: in_force

(a) The Department shall maintain a publicly accessible registry of assisted living facilities not subject to CMS regulations that have attained accreditation by the Joint Commission, a successor organization, or an independent accrediting organization approved by the Department.

(b) An assisted living facility that wishes to be included on the Department’s registry must submit proof of accreditation to the Department at least once a year and at least 90 days prior to license renewal.

(c) The Department may promulgate and adopt rules and regulations to implement the provisions of this section.
16 Del. C. § 1212 — Delaware Code / Title 16 / Chapter 12 / Subchapter II / Section 1212
§ Â
        1212. Disclosure of protected health information.
Status: in_force

(a) General privacy protection. — Protected health information is not public information as defined at § 10002 of Title 29 and may not be disclosed without the informed consent of the individual (or the individual’s lawful representative) who is the subject of the information except as expressly provided by statute. Whenever disclosure of protected health information is made pursuant to this subchapter, such disclosure shall be accompanied by a statement concerning the Department of Health and Social Services’ disclosure policy.

(b) Scope of disclosure. — Protected health information shall be disclosed with the informed consent of the individual who is the subject of the information to any person and for any purpose for which the disclosure is authorized pursuant to informed consent.

(c) Nonidentifiable information. — Any disclosure of protected health information permitted by this subchapter shall be disclosed in a nonidentifiable form whenever possible, consistent with the accomplishment of legitimate public health purposes, except when the disclosure is authorized through the informed consent of the person who is the subject of the information. Any disclosures of protected health information permitted by this subchapter shall also be limited to the minimum amount of information which the person making the disclosure reasonably believes is necessary to accomplish the purpose of the disclosure, except when the disclosure is authorized through the informed consent of the individual who is the subject of the information.

(d) Disclosure without informed consent. — Protected health information may be disclosed without the informed consent of the individual who is the subject of the information where any of the following disclosures are made:

(1) Directly to the individual.

(2) To appropriate federal agencies or authorities as permitted by federal or state law and for law-enforcement purposes in accordance with 45 C.F.R. Parts 160, 162, and 164.

(3) To health-care personnel to the extent necessary in an emergency to protect the health or life of the person who is the subject of the information from serious, imminent harm.

(4) To the public safety authority during a public health emergency in accord with the uses described in § 1211 of this title.

(5) In the course of any judicial or administrative proceeding in accordance with 45 C.F.R. Parts 160, 162, and 164, or pursuant to a court order to avert a clear danger to the individual or the public health.

(6) To the Maternal and Child Death Review Commission or to the Child Protection Accountability Commission.

(7) To the Division of Health Care Quality in cases where the Division is engaged in an investigation or survey involving the care or treatment of an individual at a facility licensed by the Division, and the individual has been admitted to a hospital from the facility or discharged from a hospital to the facility. The Division of Health Care Quality is an entity charged with helping to safeguard the health and safety of patients. It shall be recognized as a “public health authority” and as a “health oversight agency,” and it shall be recognized in the performance of its functions as a peer review organization or auditor or evaluator with respect to such aspects of health-care delivery systems or providers.

(8) Pursuant to § 2005 of this title.

(9) For research, regardless of the source of funding of the research, provided that the researcher provides documentation that an alteration to or waiver, in whole or in part, of the individual authorization required by subsection (a) of this section for use or disclosure of protected health information has been approved by the applicable privacy board in accordance with HIPAA regulations. Said approval shall not be granted until the Board has determined all of the following:

a. The use or disclosure of protected health information involves no more than a minimal risk to the privacy of individuals, based on, at least, the presence of the following elements:

1. An adequate plan to protect the identifiers from improper use and disclosure;

2. An adequate plan to destroy the identifiers at the earliest opportunity consistent with conduct of the research, unless there is a health or research justification for retaining the identifiers or such retention is otherwise required by law; and

3. Adequate written assurances that the protected health information will not be reused or disclosed to any other person or entity, except as required by law, for authorized oversight of the research study, or for other research for which the use or disclosure of protected health information would be permitted by this subpart;

b. The research could not practicably be conducted without the waiver or alteration; and

c. The research could not practicably be conducted without access to and use of the protected health information.

(10) For patient treatment and care coordination, defined as the provision, coordination, or management of health-care and related services by 1 or more health-care providers, including the coordination or management of health care by a health-care provider with a third party; consultation between health-care providers relating to a patient; or the referral of a patient for health care from 1 health-care provider to another.

(11) To a health plan, health-care clearinghouse, business associate, or health-care provider, as each is defined by 45 C.F.R. Part 160, to use only in accordance with federal law for transactions that transmit information between 2 parties to carry out financial or administrative activities related to health care, health-care operations, and health insurance, as set forth in 45 C.F.R Parts 160, 162, and 164.

(12) To the Drug Overdose Fatality Review Commission.

(13) To the Prescription Monitoring Program.

(14) To the Fatal Incident Review Team of the Domestic Violence Coordinating Council. The Fatal Incident Review Team of the Domestic Violence Coordinating Council is an entity charged with investigating and reviewing the facts and circumstances of all deaths and near deaths as a result of domestic violence. It shall be recognized as a “public health authority” and as a “health oversight agency,” and it shall be recognized in the performance of its functions as a peer review organization or auditor or evaluator with respect to any aspect of health-care delivery systems or providers.

(15) As permitted by federal law, including regulations.

(e) Deceased individuals. — Nothing in this subchapter shall prohibit the disclosure of protected health information:

(1) In a certificate of death, autopsy report or related documents prepared under applicable laws or regulations;

(2) For the purposes of identifying a deceased individual;

(3) For the purposes of determining a deceased individual’s manner of death by a medical examiner; or

(4) To provide necessary information about a deceased individual who is a donor or prospective donor of an anatomical gift.

(f) Informed consent by others. — When an individual who is the subject of protected health information is not competent or is otherwise legally unable to give informed consent for the disclosure of protected health information, informed consent may be given by the individual’s parents, legal guardians or other persons lawfully authorized to make health-care decisions for the individual.

(g) Secondary disclosures. — No person to whom protected health information has been disclosed pursuant to this subchapter shall disclose the information to another person except as authorized by this subchapter. This section shall not apply to:

(1) The individual who is the subject of the information;

(2) The individual’s parents, legal guardians or other persons lawfully authorized to make healthcare decisions for the individual where the individual who is the subject of the information is unable to give legal consent pursuant to subsection (f) of this section; or

(3) Any person who is specifically required by federal or state law to disclose the information.

(h) Upon written request of an individual to a medical laboratory for a copy of the results of a laboratory examination of that individual, the medical laboratory shall provide a copy of those results that are sought to that individual. The medical laboratory may require a reasonable copying fee for copying and transmitting the records.

(i) The Maternal and Child Death Review Commission and the Child Protection Accountability Commission are charged with helping to safeguard the health and safety of children. Each shall be recognized as a “health oversight agency,” and as a “public health authority,” and each shall be recognized in the performance of its functions as a peer review organization or auditor or evaluator with respect to any aspect of health-care delivery systems or providers.
16 Del. C. § 6635 — Delaware Code / Title 16 / Chapter 66 / Subchapter IV / Section 6635
§ Â
        6635. Smoke detectors; penalties for noncompliance.
Status: in_force

(a) Each owner and/or tenant of every building or occupancy required to have smoke detection devices and/or smoke detection systems in accordance with this subchapter, whether an individual or a body corporate, who fails to comply with this subchapter regarding smoke detection devices and/or smoke detection systems, shall be fined not less than $100 nor more than $500 for each offense. The Justice of the Peace Courts shall have jurisdiction over any violation of this subchapter.

(b) Anyone who tampers with, damages, destroys or renders inoperative any smoke detection device and/or smoke detection system, shall be fined not less than $100 nor more than $500 for each offense. The Justice of the Peace Courts shall have jurisdiction over these violations.

(c) Where a fire department responds to an alarm of any type at a building or occupancy required to have smoke detection devices and/or smoke detection systems as required by this subchapter or by the State Fire Prevention Regulations, and such building does not have a functional, working smoke detection device and/or the smoke detection system is not operable, is not in service, or is not installed or maintained as required by this chapter or by the State Fire Prevention Regulations; or the Fire Marshal’s Office becomes aware of such building or occupancy, the State Fire Marshal’s Office shall have authority to investigate. The State Fire Marshal may issue a summons, where necessary, to the owner and/or occupant of such building or occupancy, for an appearance in the nearest Justice of the Peace Court.

(d) Each fine specified in this section of this title shall be remitted to the State Fire Marshal’s Office in accordance with § 6612 of this title, which provisions shall be complied with in implementing the requirements of this chapter. All receipts shall be used to subsidize the costs of providing a greater public awareness of the ramifications of not having smoke detectors; and to provide smoke detection devices, where possible and/or permissible, for 1-family and 2-family dwellings, mobile homes, modular homes or townhouses, where enforcement action takes place with respect to the owner and/or occupant of the 1-family and 2-family dwelling, mobile home, modular home or townhouse.

(e) In the enforcement of this subchapter with respect to smoke detection devices and/or smoke detection systems, where the fines are collected within the jurisdictions of the cities of Wilmington, Newark, Dover or New Castle, such fines shall be remitted to the appropriate political subdivision, and shall be utilized for the purposes stated in subsection (d) of this section.

(f) The State Fire Marshal’s Office shall be the state-wide manager and agency for all public awareness programs generated by the proceeds of the fines collected under this section.

(g) With the exception of subsection (f) of this section, where any reference is made to the State Fire Marshal or the State Fire Marshal’s Office, such reference shall be interpreted to also apply to the Assistant State Fire Marshals of the cities of Wilmington, Newark, Dover and New Castle for the enforcement actions of these provisions.

(h) The State Fire Marshal or the Attorney General may, in addition to other remedies provided by this section, institute injunction, mandamus, abatement or any other appropriate action or actions or proceedings to prevent any continued violations of this chapter.
16 Del. C. § 3006F — Delaware Code / Title 16 / Chapter 30F / Subchapter I / Section 3006F
§ Â
        3006F. Violation constitutes class A misdemeanor; civil remedy; jurisdiction of Superior Court.
Status: in_force

(a) Failure by any person employed by, volunteering at or an agent of any private or public animal shelter to comply with § 3004F(d) of this title regarding euthanizing animals shall constitute a class A misdemeanor and shall be punishable as provided by law.

(b) Any person may maintain a civil action to enjoin the continuance of the violation of § 3004F(d) of this title. If the acts sought to be enjoined are determined by the courts to violate § 3004F(d) of this title, a permanent injunction against such acts shall be granted. The violation may also be abated by any public body or officer authorized to do so by law.

(c) The Superior Court shall have exclusive jurisdiction of misdemeanor offenses under this section.
16 Del. C. § 3046F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3046F
§ Â
        3046F. Reciprocity of dog license.
Status: in_force

If, by or pursuant to the laws of the state of the owner’s primary residence, an owner licenses in that owner’s own state of residence, then such dog shall not need an additional license in this State.
16 Del. C. § 10110 — Delaware Code / Title 16 / Chapter 101 / Subchapter II / Section 10110
§ Â
        10110. Definitions.
Status: in_force

In addition to the definitions set forth in subchapter I of this chapter, the following definitions shall be applicable to this subchapter:

(1) “Consumer” means a person who purchases prepaid wireless telecommunications service in a retail transaction.

(2) “Prepaid wireless E911 surcharge” means the surcharge that is required to be collected by a seller from a consumer in the amount established under § 10112 of this title.

(3) “Prepaid wireless provider” means a person that provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission.

(4) “Prepaid wireless telecommunications service” means a wireless telecommunications service that allows a caller to dial 911 to access the 911 system, which service must be paid for in advance and is sold in predetermined units or dollars of which the number declines in a known amount.

(5) “Retail transaction” means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale.

(6) “Seller” means a person who sells prepaid wireless telecommunications service to another person.
16 Del. C. § 3152 — Delaware Code / Title 16 / Chapter 31 / Subchapter III / Section 3152
§ Â
        3152. Burial/transit permits for shipment of corpses â Required.
Status: in_force

No common carrier shall receive for shipment from any point within this State to any other point either within or without this State any dead human body, unless the funeral director or person acting as such presents a completed burial/transit permit as provided in § 3151 of this title.
16 Del. C. § 7913 — Delaware Code / Title 16 / Chapter 79 / Section 7913
§ Â
        7913. Hot water tanks or boilers.
Status: in_force

Devices for heating water and storing it in boilers or hot water tanks shall be so designed and installed as to prevent all danger of explosion and also prevent a back flow of hot water through a meter connected with a public water supply.
16 Del. C. § 902 — Delaware Code / Title 16 / Chapter 9 / Subchapter I / Section 902
§ Â
        902. Definitions.
Status: in_force

As used in this chapter:

(1) “Abuse” or “abused child” means as defined in § 901 of Title 10.

(2) “Animal cruelty” means engaging in “cruelty to animals” under § 1325 of Title 11.

(3) “Baby” means a child not more than 14 days old, except that for a safe haven under § 907A(b) of this title and the safe haven’s employees and volunteers, “baby” means a child reasonably believed to be not more than 14 days old.

(4) “Child” means any person who has not reached that person’s own eighteenth birthday.

(5) “Child Protection Registry” or “Registry” means a collection of information as described in subchapter II of this chapter about persons who have been substantiated for abuse or neglect as provided in subchapter II of this chapter or who were substantiated between August 1, 1994, and February 1, 2003.

(6) “Children’s advocacy center” means a child forensic interviewing center that employs best practices by applying and adhering to nationally recognized standards, and assists in the response to multidisciplinary cases.

(7) “Child welfare proceeding” means any Family Court proceeding and subsequent appeal therefrom involving custody, visitation, guardianship, termination of parental rights, adoption or other related petitions that involve a dependent, neglected or abused child or a child at risk of same as determined by the Family Court.

(8) “Conviction” or “convicted” means entry of a plea of guilty or nolo contendere, regardless of whether the plea was subsequently discharged or dismissed under the first offenders domestic violence diversion program pursuant to § 1024 of Title 10, or under the first offenders controlled substances diversion program pursuant to § 4767 of this title, or of a Robinson plea, or of a probation before judgment discharge without judgment of conviction notwithstanding the provisions of § 4218(g) of Title 11, or a finding of guilt after trial, or a finding of not guilty after trial as a result of the defense of mental disease or defect pursuant to Title 11, or adjudication of delinquency for conduct which if committed by an adult, would constitute a crime; or “conviction” or “convicted” under similar proceedings of another state, territory or jurisdiction.

(9) “Death” means the loss of life of a child.

(10) “Department” means the Department of Services for Children, Youth and Their Families.

(11) “Director” means the Director of the Division of Family Services or the Director of the Division of Management Support Services of the Department of Services for Children, Youth and Their Families.

(12) “Division” means the Division of Family Services of the Department of Services for Children, Youth and Their Families.

(13) “Extrafamilial child abuse or neglect” means child abuse or neglect committed by an individual who is not a member of the child’s family or household, but does not include institutional child abuse or neglect.

(14) “Family assessment and services” means a case management approach by the Division of Family Services that provides for a prompt assessment of a child and the child’s family and the circumstances of the reported incident, including the known history of the child or the alleged perpetrator, when there has been a report to the Department that the child was a victim of abuse or neglect, or at risk of maltreatment by a person responsible for that child’s care, custody or control. Family assessment and services shall be used in conjunction with the investigation approach defined in paragraph (21) of this section but may not supplant it in circumstances which require an investigation. The family assessment response shall focus on the integrity and preservation of the family and shall assess the status of the child and the family in terms of the risk of abuse and neglect and, if necessary, plan and provide for the provision of community-based services to reduce the risk and to otherwise support the family.

(15) “Good faith” shall be presumed in the absence of evidence of malice or wilful misconduct.

(16) “Human trafficking” means as defined in § 787 of Title 11.

(17) “Institutional Abuse Investigation Unit” means the unit within the Department that investigates allegations of institutional child abuse and neglect.

(18) “Institutional child abuse or neglect” means as defined in § 901 of Title 10.

(19) “Internal information system” means the Department’s system of maintaining information related to all reports of abuse, neglect, investigations, family assessments, services and other relevant information.

(20) “Intrafamilial child abuse or neglect” means as defined in § 901 of Title 10.

(21) “Investigation” means the collection of evidence in response to a report of abuse, neglect, or risk of maltreatment of a child by a person responsible for that child’s care, custody or control in order to determine if a child has been abused, neglected, or is at risk of maltreatment. The Department shall develop protocols for its investigations that focus on ensuring the well-being and safety of the child. The Department may conduct an investigation in response to any report of abuse, neglect, or risk of maltreatment but shall conduct an investigation as enumerated under § 906(e)(3) of this title.

(22) “Investigation Coordinator” means an attorney licensed to practice law in this State employed by the Office of the Child Advocate, who is authorized to independently track each reported case of alleged child abuse or neglect within the Department’s internal information system and who is responsible for monitoring each reported case involving the death of, serious physical injury to, sexual abuse of, or suspected human trafficking of a child from inception to final criminal and civil disposition.

(23) “Multidisciplinary case” means a comprehensive investigation by the multidisciplinary team for any child abuse or neglect report involving death, serious physical injury, physical injury, suspected human trafficking, torture or sexual abuse, which if true, would constitute a criminal violation against a child, or an attempt to commit any such crime, even if no crime is ever charged.

(24) “Multidisciplinary team” means a combination of the following entities as required by law to investigate or monitor multidisciplinary cases: the Division, the Department’s Institutional Abuse Investigation Unit, the appropriate law-enforcement agency, the Department of Justice, and the Investigation Coordinator. “Multidisciplinary team” may also include others deemed necessary for an effective multidisciplinary response, such as medical personnel, the Division of Forensic Science, a children’s advocacy center, the Division of Prevention and Behavioral Health Services, mental health experts, and the child’s attorney.

(25) “Multidisciplinary tracking system” means an electronic system which the Investigation Coordinator utilizes to track and monitor each case involving the death, serious physical injury, sexual abuse, or suspected human trafficking of a child from inception to final criminal and civil disposition.

(26) “Near death” means a child in serious or critical condition as a result of child abuse or neglect as certified by a physician.

(27) “Neglect” means as defined in § 901 of Title 10.

(28) “Physical injury” means as defined in § 1100 of Title 11.

(29) “Report” means the communication of an allegation of child abuse, neglect, or suspected human trafficking to the Department pursuant to § 903 or § 905 of this title.

(30) “Serious physical injury” means as defined in § 1100 of Title 11.

(31) “Sexual abuse” means as defined in § 901 of Title 10.

(32) “Special Investigator” means a Department employee, appointed by the Secretary, who performs abuse and neglect investigations and possesses additional qualifications and authority as defined by § 9016 of Title 29.

(33) “Substantiation” means a finding by a preponderance of the evidence that abuse or neglect has occurred.

(34) “Those responsible for the care, custody and control of the child” or “care, custody and control” means as defined in § 901 of Title 10.
16 Del. C. § 10302 — Delaware Code / Title 16 / Chapter 103 / Subchapter I / Section 10302
§ Â
        10302. Delaware Health Information Network Board of Directors.
Status: in_force

(a) A Delaware Health Information Network Board of Directors (“Board”) manages and operates DHIN. Board membership must include individuals with various business, technology, and healthcare industry skills who are committed to managing DHIN in an efficient, effective, and competitive manner. Board membership is comprised as follows:

(1) The Director of the Office of Management and Budget or the Director’s designee.

(2) The Chief Information Officer of the Department of Technology and Information or the Chief Information Officer’s designee.

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

(4) The Controller General or the Controller General’s designee.

(5) Nine members appointed by the Governor. The Board, Delaware Healthcare Association, Medical Society of Delaware, Delaware State Chamber of Commerce, Delaware Nurses Association, and other interested organizations may make nonbinding recommendations to the Governor for appointments to the Board. The Governor’s appointments must be broadly representative of the healthcare industry generally, and appointees must possess knowledge of the healthcare industry or technical expertise relevant to DHIN’s operations. Members must include representatives of medical consumers, hospitals or hospital systems, physicians, nurses, businesses or employers, and payers.

(6) a. Board members shall elect the Board chair from among the Board’s members. The chair serves as chair for a 3-year term.

b. Each member serves a 3-year term, unless the member resigns or is removed from the Board earlier. A member may continue to serve beyond the 3-year term until a successor is appointed.

c. The Governor may suspend or remove a member upon the recommendation from the Board or for misfeasance, malfeasance, nonfeasance, or neglect of duty. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Board meetings or attends less than 50% of Board meetings in a calendar year. The Governor may consider the member to have resigned and accept the member’s resignation.

(b) A state officer or employee appointed to the Board or serving in any other capacity for the Board is not deemed to have resigned from public office or employment by reason of the appointment to or service for the Board.

(c) The number of members needed to be present at a Board meeting to have a quorum and conduct official business is a majority of members. Counting for quorum does not include member positions that are vacant.
16 Del. C. § 1011A — Delaware Code / Title 16 / Chapter 10A / Section 1011A
§ Â
        1011A. Regulatory oversight.
Status: in_force

The Department shall be responsible for ensuring compliance. When the Department licenses a healthcare facility according to the provisions of this title, compliance with this chapter shall be a condition of licensure.
16 Del. C. § 3036F — Delaware Code / Title 16 / Chapter 30F / Subchapter III / Section 3036F
§ Â
        3036F. Reports of animal cruelty; immunity.
Status: in_force

(a) A person who reasonably suspects animal cruelty may report the suspected animal cruelty to the Office of Animal Welfare for investigation.

(b) (1) A person who in good faith participates in reporting suspected animal cruelty has immunity from any liability, civil or criminal, that might otherwise exist as a result of making the report.

(2) The immunity provided under this section extends to the person’s participation in any judicial proceeding resulting from the good faith report of suspected animal cruelty.
16 Del. C. § 3319 — Delaware Code / Title 16 / Chapter 33 / Section 3319
§ Â
        3319. Penalties for violations of Ââ3317.
Status: in_force

(a) Whoever violates § 3317 of this title shall be fined not less than $50 nor more than $100, or imprisoned not more than 3 months, and pay the costs of prosecution, among which shall be taxed the costs of the justice of the peace, the costs and actual expenses endorsed upon the warrant and the charge of the State Chemist, whose charge shall not in any case exceed the sum of $10.

(b) In case of failure to convict the charge of the State Chemist, the costs of the justice of the peace and the costs and actual expenses endorsed upon the warrant shall be paid by the county in which the prosecution is conducted. The amount of money to be paid by any county shall not exceed in any 1 year the sum of $200.
16 Del. C. § 1036 — Delaware Code / Title 16 / Chapter 10 / Subchapter II / Section 1036
§ Â
        1036. Regulatory authority [For application of this section, see 84 Del. Laws, c. 476, Â 4].
Status: in_force

The Department may adopt regulations to implement, administer, and enforce this subchapter.
16 Del. C. § 801A — Delaware Code / Title 16 / Chapter 8A / Section 801A
§ Â
        801A. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Universal Newborn and Infant Hearing Screening, Tracking, and Intervention Act.”
16 Del. C. § 3109 — Delaware Code / Title 16 / Chapter 31 / Subchapter I / Section 3109
§ Â
        3109. Completion of certificates and reports.
Status: in_force

(a) Those individuals and/or institutions responsible for completion of certificates or reports according to this chapter or regulations adopted hereunder shall complete all items on the forms provided by the State Registrar. The State Registrar shall carefully examine the certificates and reports received in the Office of Vital Statistics, and if they are incomplete or unsatisfactory, shall require such further information as may be necessary to make the record complete and satisfactory.

(b) No claim or cause of action shall arise and no judgment, damages, penalties, costs or other money entitlement shall be awarded against an individual or institution that furnishes vital statistics in accordance with this chapter.
16 Del. C. § 10212A — Delaware Code / Title 16 / Chapter 102A / Subchapter II / Section 10212A
§ Â
        10212A. Behavioral Health Crisis Intervention Services Fund.
Status: in_force

(a) A special fund, known as the “Behavioral Health Crisis Intervention Services Fund,” is created to support the operation and maintenance of 988, a crisis intervention services system, and the continuum of behavioral health services.

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

(1) Money collected under this chapter.

(2) Grants, gifts, and other money intended for the Fund.

(3) Money appropriated or transferred to the Fund by the General Assembly.

(c) The State Treasurer shall invest the Fund consistent with the investment policies established by the Cash Management Policy Board and credit interest to the Fund monthly consistent with the rate established by the Cash Management Policy Board.

(d) Money in the Fund at the end of a State fiscal year carries forward and must not revert to the General Fund.

(e) At least monthly, the State Treasurer shall provide a statement of account of the Fund to the Co-Chairs of the Board.
16 Del. C. § 9907 — Delaware Code / Title 16 / Chapter 99 / Subchapter II / Section 9907
§ Â
        9907. Purposes of the Board.
Status: in_force

The purpose of the Board shall be to initiate, encourage and promote:

(1) The relationship with Sidney Kimmel Medical College of Thomas Jefferson University (SKMC) and the Philadelphia College of Osteopathic Medicine (PCOM) as Delaware’s medical schools, and ensure the annual admission of 20 bona fide Delaware residents into SKMC and 10 bona fide Delaware residents into PCOM.

(2) Expansion of opportunities for Delaware residents to obtain training at a reasonable cost in the health and health-related professions when such residents commit to practice their professions in Delaware.

(3) Incentives for qualified personnel in the health and health-related professions to practice in Delaware.

(4) Continued development of a coordinated program of premedical, medical and graduate education among state public institutions of higher learning, Delaware hospitals, SKMC, and PCOM.

(5) Support of graduate and post-graduate medical and health-care training programs, including emphasis on those programs targeted to meet the State’s health-care needs.

(6) Programs of education and training in the health fields and research in health and health-related fields, both basic and applied, including the vital areas of public health education, community health planning and health-care costs.
16 Del. C. § 2506 — Delaware Code / Title 16 / Chapter 25 / Section 2506
§ Â
        2506. Judicial review of finding of lack of capacity.
Status: in_force

(a) An individual found under § 2504(b) of this title to lack capacity, a responsible health-care professional, the health-care institution providing health care to the individual, or a person interested in the welfare of the individual may petition the Court of Chancery in the county in which the individual resides or is located to determine whether the individual lacks capacity.

(b) The court in which a petition under subsection (a) of this section is filed shall appoint an attorney ad litem. The court shall hear the petition on an expedited basis. The court shall determine whether the individual lacks capacity on an expedited basis. The court may determine the individual lacks capacity only if the court finds by clear and convincing evidence that the individual lacks capacity.
16 Del. C. § 503 — Delaware Code / Title 16 / Chapter 5 / Subchapter I / Section 503
§ Â
        503. Unreported contagious disease.
Status: in_force

When complaint is made or there is a reasonable belief of the existence of an infectious or contagious disease in a building or facility which has not been reported as required by § 502 of this title, the Secretary of Health and Social Services or the Secretary’s designee shall inspect or cause the relevant building or facility to be inspected and, on discovering that such disease exists, shall immediately make a report as described in § 130 of this title.
16 Del. C. § 6402 — Delaware Code / Title 16 / Chapter 64 / Section 6402
§ Â
        6402. Definitions.
Status: in_force

As used in this chapter:

(1) “Amusement ride” means any mechanical device or devices that carry or convey passengers along, around or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure or excitement, but such term does not include:

a. Any single-passenger coin-operated ride that is manually, mechanically or electrically operated and customarily placed in a public location and that does not normally require the supervision or services of an operator; or

b. Nonmechanized playground equipment, including but not limited to swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines and physical fitness devices.

(2) “Office” means the Office of the State Fire Marshal.
16 Del. C. § 1213 — Delaware Code / Title 16 / Chapter 12 / Subchapter II / Section 1213
§ Â
        1213. Regulations.
Status: in_force

The Department of Health and Social Services shall enforce this subchapter and shall from time to time promulgate any additional forms and regulations that are necessary for this purpose.
16 Del. C. § 6609 — Delaware Code / Title 16 / Chapter 66 / Subchapter I / Section 6609
§ Â
        6609. Appeals to the State Fire Prevention Commission â Procedure.
Status: in_force

(a) Appeals to the State Fire Prevention Commission may be taken by any person aggrieved by an order or decision of the State Fire Marshal, or the Marshal’s Deputy or Deputies, based upon or made in the course of the administration or enforcement of this chapter. Appeals to the State Fire Prevention Commission may be taken by any officer, department, board or bureau of the State and the several counties, cities and political subdivisions thereof affected by an order or decision of the State Fire Marshal, or the Marshal’s Deputy or Deputies, in the course of the administration or enforcement of this chapter.

(b) Appeals by any person aggrieved by an order or decision of the State Fire Marshal, the Marshal’s Deputy or Deputies, or Assistant State Fire Marshals based upon or made in the course of the administration or enforcement of this chapter or local regulations incorporating the State Fire Prevention Commission Regulations shall be taken to the State Fire Prevention Commission. Appeals by any officer, department, board or bureau of the State and the several counties, cities and political subdivisions thereof affected by an order or decision of the State Fire Marshal, or the Marshal’s Deputy or Deputies or Assistant Fire Marshals, in the course of the administration or enforcement of this chapter or local regulations incorporating the State Fire Prevention Commission Regulations shall be taken to the State Fire Prevention Commission.

(c) The time within which such appeal must be made and the effect, form or other procedure relating thereto shall be as specified in regulations promulgated by the State Fire Prevention Commission following notice and public hearings as provided in § 6604 of this title.
16 Del. C. § 10223A — Delaware Code / Title 16 / Chapter 102A / Subchapter III / Section 10223A
§ Â
        10223A. Behavioral health crisis intervention services surcharge on prepaid wireless telecommunications service retail transactions; administrative provisions; liability.
Status: in_force

(a) A behavioral health crisis intervention services surcharge must be assessed on each retail transaction. The rate of the surcharge is 60 cents per retail transaction.

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

(c) For purposes of determining whether a retail transaction is subject to the 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.

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

(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.

(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.

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

(d) The 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 surcharges that the seller collects from consumers as provided in this section, including all 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 surcharge that is collected by a seller from a consumer, if the amount is separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller, must 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) If a minimal amount of prepaid wireless telecommunications service is sold with a prepaid wireless device for a single, nonitemized price, the seller may elect not to apply the surcharge imposed by this section to the retail transaction. For purposes of this subsection, an amount of service denominated as 10 minutes or less, or $5.00 or less, is minimal.

(g) The surcharge may not be applied to prepaid wireless telecommunications service provided to a person through the Lifeline program.

(h) The surcharge collected by sellers must be remitted to the Division of Revenue quarterly on forms issued by the Director of the Division of Revenue and subject to such regulations and requirements as shall be prescribed by the Director of the Division of Revenue.

(i) The Division of Revenue shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is a sale for resale transaction and not a retail transaction.

(j) A seller is permitted to deduct and retain 3% of surcharges that are collected by the seller from consumers.

(k) The surcharge under this section does not apply to the State government.
16 Del. C. § 6406 — Delaware Code / Title 16 / Chapter 64 / Section 6406
§ Â
        6406. Insurance information request.
Status: in_force

The Fire Marshal may request from the sponsor, lessor, landowner or other person responsible for an amusement ride being offered for use by the public, information concerning whether or not insurance in the amount required by this chapter is in effect on the amusement ride. The sponsor, lessor, landowner or other person to whom the information request is made shall respond to the Fire Marshal within 15 days after the request is made.
16 Del. C. § 2301 — Delaware Code / Title 16 / Chapter 23 / Section 2301
§ Â
        2301. Definitions.
Status: in_force

As used in this chapter, unless the context requires a different meaning:

(1) “Dangerous caustic or corrosive substance” means each and all of the acids, alkalis and substances named below:

a. Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of 10 percent or more;

b. Sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (H2SO4) in a concentration of 10 percent or more;

c. Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of 5 percent or more;

d. Carbolic acid (C6H5OH), otherwise known as phenol, and any preparation containing carbolic acid in a concentration of 5 percent or more;

e. Oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H2C2O4) in a concentration of 10 percent or more;

f. Any salt of oxalic acid and any preparation containing any such salt in a concentration of 10 percent or more;

g. Acetic acid or any preparation containing free or chemically unneutralized acetic acid (C2H4O2) in a concentration of 20 percent or more;

h. Hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield 10 percent or more by weight of available chlorine excluding calx chlorinata, bleaching powder and chloride of lime;

i. Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of 10 percent or more;

j. Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of 10 percent or more;

k. Silver nitrate, sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO3) in a concentration of 5 percent or more; and

l. Ammonia water and any preparation yielding free or chemically uncombined ammonia (NH3), including ammonium hydroxide and “hartshorn,” in a concentration of 5 percent or more.

(2) “Misbranded parcel, package or container” means a retail parcel, package or container of any dangerous caustic or corrosive substance for household use not bearing a conspicuous, easily legible label or sticker containing:

a. The name of the article;

b. The name and place of business of the manufacturer, packer, seller or distributor;

c. The word “POISON” running parallel with the main body of reading matter on the label or sticker, on a clear, plain background of a distinctly contrasting color, in uncondensed gothic capital letters, the letters to be not less than 24 point size, unless there is on the label or sticker no other type so large, in which event the type shall be not smaller than the largest type on the label or sticker; and

d. Directions for treatment in case of accidental personal injury by the dangerous caustic or corrosive substance.
16 Del. C. § 6648 — Delaware Code / Title 16 / Chapter 66 / Subchapter VII / Section 6648
§ Â
        6648. Delaware Burn Camp Corporation authorization.
Status: in_force

The State Fire Prevention Commission is hereby authorized to incorporate a nonprofit, nonstock corporation known as the Delaware Burn Camp Corporation for the purpose of establishing, administering and operating an overnight camp devoted to helping burned children cope with the emotional and physical issues arising from their injuries.
16 Del. C. § 1503 — Delaware Code / Title 16 / Chapter 15 / Section 1503
§ Â
        1503. Construction changes in drainage systems.
Status: in_force

The Department of Health and Social Services may order and direct that the owner of any property on which there is a cesspool or privy well and all other drainage already in use in any incorporated town or within 1 mile from the water supply of the town shall so change and construct the same out of brick and cement or concrete in such manner as to prevent the contents thereof from oozing through or passing into the soil around the cesspool or privy well or from overflowing over the top thereof.
16 Del. C. § 307 — Delaware Code / Title 16 / Chapter 3 / Section 307
§ Â
        307. Neglected privy well; penalty.
Status: in_force

If any owner, agent or tenant of any property in any town or city suffers the privy well thereon to be so full that any 2 members of the local board of health declare the same to be a nuisance, such owner, the owner’s agent and tenant in possession or any of them shall be responsible and after notice unless such privy is cleansed within one week after such notice shall for every offense be fined not less than $1.00 nor more than $20, with costs of suit, and stand committed to the county jail until the same be paid or until discharged by law.
16 Del. C. § 2801 — Delaware Code / Title 16 / Chapter 28 / Section 2801
§ Â
        2801. Establishment of registry; testing of donors; penalties.
Status: in_force

(a) The Department of Health and Social Services shall establish a registry of all sperm banks and tissue banks operating in this State. All sperm banks and tissue banks operating in this State shall register with the Department of Health and Social Services by May 1 of each year. Any person, hospital, clinic, corporation, partnership or other legal entity which operates a sperm bank or tissue bank in this State and fails to register with the Department of Health and Social Services pursuant to this section shall be subject to a fine of $5,000.

(b) All donors of semen for purposes of artificial insemination, or donors of corneas, bones, organs or other human tissue for the purpose of injecting, transfusing or transplanting any of them in the human body, shall be tested for evidence of exposure to human immunodeficiency virus (HIV) and any other identified causative agent of Acquired Immunodeficiency Syndrome (AIDS) at the time of or after the donation, but prior to the semen, corneas, bones, organs or other human tissue being made available for such use. However, when in the opinion of the attending physician the life of a recipient of a bone, organ or other human tissue donation would be jeopardized by delays caused by testing for evidence for exposure to HIV and any other causative agent of AIDS, testing shall not be required prior to the life-saving measures.

(c) No person may intentionally, knowingly, recklessly or negligently use the semen, corneas, bones, organs or other human tissue of a donor unless the requirements of subsection (b) of this section have been met. No person may knowingly, recklessly or intentionally use the semen, corneas, bones, organs or other human tissue of a donor who has tested positive for exposure to HIV or any other identified causative agent of AIDS, except that this subsection shall not apply to the recovery and use of organs or other anatomical gifts as authorized under federal law for research and/or transplant from a donor who has tested positive for exposure to HIV where the intended recipients have also tested positive for exposure to HIV. Violation of this subsection shall be a class E felony.

(d) For the purposes of this section, “tissue bank” means any facility or program that is involved in procuring, furnishing, donating, processing or distributing corneas, bones, organs or other human tissue for the purpose of injecting, transfusing or transplanting any of them in the human body.
16 Del. C. § 6619 — Delaware Code / Title 16 / Chapter 66 / Subchapter III / Section 6619
§ Â
        6619. Director and employees.
Status: in_force

The State Fire Prevention Commission shall employ a Director for the Delaware State Fire School who shall be especially trained and qualified in fire fighting, fire experimental work, and emergency services training or shall have such other qualifications as deemed appropriate by the State Fire Prevention Commission including, but not limited to, educational and administrative experience. The Director shall receive such salary as may be set by the State Fire Prevention Commission within the limits set by the annual appropriation to the State Fire Prevention Commission. The Director shall be appointed for a term of 4 years and such term shall be renewable in the discretion of the State Fire Prevention Commission. The Director with the consent and approval of State Fire Prevention Commission shall appoint all authorized personnel pursuant to the merit system rules and regulations as may be necessary for the orderly administration of the Fire School. Salaries of all personnel, to include appropriate classifications, upgrading and promotions, shall be in compliance with Chapter 59 of Title 29.
16 Del. C. § 6710 — Delaware Code / Title 16 / Chapter 67 / Section 6710
§ Â
        6710. Advisory committee on ambulance service.
Status: in_force

(a) For the purpose of assisting the Commission in developing standards for use in the administration of this chapter, there is hereby created the advisory committee on ambulance service. The advisory committee shall be composed of 8 members, whose names shall be submitted to the Commission by resolution of the following respective organizations: 6 representatives, 2 from each county from the Delaware Volunteer Firefighter’s Association, 1 representative from the nonfire department owned volunteer ambulance organizations, and 1 representative from the privately owned ambulance companies. Each representative shall serve at the pleasure of the organization which the representative represents and the representative successor shall be chosen in like manner. The Chairperson of the Commission shall call the advisory committee to its first meeting. The advisory committee shall choose a chairperson and shall meet thereafter at the call of the chairperson of the advisory committee or the Chairperson of the Commission.

(b) The committee shall provide technical assistance for the establishment of regulations for ambulance services and make recommendations to the Commission.
16 Del. C. § 9009 — Delaware Code / Title 16 / Chapter 90 / Section 9009
§ Â
        9009. Eligibility for early repayment.
Status: in_force

If any health facility which has incurred any obligation to the State through loans from the Health Facility Construction Fund chooses to accelerate the repayments of all or a portion of its indebtedness to the State, and chooses to finance its accelerated repayment through funds raised by debt issued through the Delaware Health Facilities Authority or any other debt instrument duly obligating the health facility, the State is hereby authorized to accept as satisfaction for that obligation an amount equal to all accrued interest, to the date of repayment, plus a principal amount equal to the future principal payments (or the portion thereof to be prepaid) on the Health Facility Construction Loan, discounted to their present value at the net interest cost of the new borrowing. In such case, the health facility shall not be eligible for a subsidy contract on that portion of its borrowing from the Health Facilities Authority or other creditor which is used to prepay its loan or loans from the Health Facility Construction Fund. Such payments of principal and interest shall be credited to the various funds and accounts of the State as specified in §§ 9007 and 9008 of this title.
16 Del. C. § 9702 — Delaware Code / Title 16 / Chapter 97 / Section 9702
§ Â
        9702. Definitions.
Status: in_force

As used in this subchapter:

(1) “Acute health-care facility” means any facility which is established, maintained and operated for the purpose of providing immediate and emergent care to individuals suffering from a life-threatening medical condition.

(2) “Advanced emergency medical technician” (AEMT) shall mean a person who has successfully completed a course approved by the Board of Medical Licensure and Discipline or its duly authorized representative, which meets the objectives of the national scope of practice.

(3) “Advanced life support” (ALS) shall mean the advanced level of prehospital and interhospital emergency care that includes basic life support functions including cardiopulmonary resuscitation, plus cardiac monitoring, cardiac defibrillation, telemetered electrocardiography, administration of antiarrhythmic agents, intravenous therapy, administration of specific medications, drugs and solutions, use of adjunctive medical devices, trauma care and other authorized techniques and procedures.

(4) “Ambulance” shall mean any publicly or privately owned vehicle, as certified by the State Fire Prevention Commission, that is specifically designed, constructed or modified and equipped, and is intended to be used for and is maintained or operated for the transportation upon the streets and highways of this State for persons who are sick, injured, wounded or otherwise incapacitated or helpless.

(5) “Ambulance attendant” shall mean a person trained in emergency medical care procedures and currently certified by the Delaware State Fire Prevention Commission or its duly authorized agent in accordance with standards prescribed by the Commission. Such course shall be classified as basic life support and shall be the minimum acceptable level of training for certified emergency medical personnel.

(6) “Basic life support” (BLS) shall mean the level of capability which provides prehospital, noninvasive emergency patient care designed to optimize the patient’s chances of surviving an emergency situation.

(7) “Consumer” shall mean a recipient or potential recipient of the services provided by an emergency medical services system, who receives no direct or indirect personal, financial or professional benefit as a result of association with health care or emergency services other than that generally shared by the public at large, and who is not otherwise considered a “provider” within the intent of this subchapter.

(8) “Controlled substance” means as defined in § 4701 of this title.

(9) “Director” shall mean the program chief of the Office of Emergency Medical Services responsible for the duties of the Office as set forth in Chapter 97 of this title.

(10) “Disaster” shall mean a sudden unexpected event which disrupts normal community functions and/or quickly exhausts local facilities so as to require outside help.

(11) “Early defibrillation provider” shall mean a member or employee of an early defibrillation service certified to operate Semi-Automatic External Defibrillator (SAED) equipment under the requirements set forth in regulations promulgated by the Department of Health and Social Services.

(12) “Early defibrillation service” shall mean any agency, organization or company, certified as such by the State Office of Emergency Medical Services, that employs or retains providers certified in the use of semi-automatic defibrillation equipment.

(13) “Emergency medical services systems” (EMSS) shall mean a statewide system which provides for the utilization of available personnel, equipment, transportation and communication to ensure effective and coordinated delivery of medical care in emergency situations resulting from accidents, illness or natural disasters.

(14) “Emergency medical technician” (EMT) shall mean a person trained, and currently certified by the State Fire Prevention Commission, in emergency medical care procedures through a course which meets the objectives of the national scope of practice.

(15) “Health planning agencies” shall mean the federally designated health system agency and/or statewide health planning and development agency for Delaware.

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

(17) “Inclusive statewide stroke care system” means a stroke system in which all current and future providers of hospital and/or prehospital health-care services may participate, at a level commensurate with the scope of their resources, as required in a stroke facility.

(18) “Inclusive statewide trauma care system” means a trauma system in which all current and future providers of hospital and/or pre-hospital health-care services may participate, at a level commensurate with the scope of their resources, as required in a specialty care unit of this section.

(19) “Law-enforcement officer” means a sworn member of a police force or other law-enforcement agency of this State, or of any county or municipality within this State, who is responsible for the prevention and detection of crime and the enforcement of the laws of this State, or the laws of any county or municipality within this State.

(20) “Medical control” shall mean directions and advice normally provided from a centrally designated medical facility operating under medical supervision, supplying professional support through radio or telephonic communication for on-site and in-transit basic and advanced life support services given by field and satellite facility personnel.

(21) “Mutual aid agreements” shall mean the establishment of appropriate arrangements with EMS systems of other states for the provision of emergency medical services on a reciprocal basis.

(22) “Opioid use disorder” means a substance use disorder involving the use of opioids, whether as controlled substances or as narcotic drugs.

(23) “Overdose” means an acute condition resulting from the use of alcohol or a controlled substance, or a narcotic drug, or a combination of substances, including physical illness, coma, mania, hysteria, or death.

(24) “Overdose System of Care Committee” means the Committee established under § 9711 of this title.

(25) “Paramedic” shall mean a person who has successfully completed a course approved by the Board of Medical Licensure and Discipline or its duly authorized representative, and who acts under the direct or radio control of a physician or physician surrogate.

(26) “Provider” shall mean a person who, as an individual or member of a corporation or organization, whether profit-making or nonprofit, on a regular basis gives or offers for sale any supplies, equipment, professional or nonprofessional services, or is capable of giving or offering for sale supplies, equipment or services vital or incidental to the functions of an emergency medical services system.

(27) “Public safety personnel” shall mean law-enforcement officers, lifeguards, park rangers, firefighters, ambulance and rescue personnel, communications and dispatch specialists, and other public employees and emergency service providers charged with maintaining the public safety.

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

(29) “Semi-automatic external defibrillator” shall mean a device capable of analyzing a cardiac rhythm, determining the need for defibrillation, automatically charging and advising a provider to deliver a defibrillation electrical impulse.

(30) “Specialty care unit” shall mean sophisticated treatment facilities that provide advanced specialized definitive care for critically ill patients. The units shall be available for the diagnosis and care of specific patient problems including major trauma, burns, spinal cord injury, stroke, poisoning, acute cardiac, overdose, substance use disorder, opioid use disorder, high-risk infant and behavioral emergencies.

(31) “Stabilization center” means a facility designated by the Secretary to receive patients from Emergency Medical Services who are experiencing a nonlife threatening overdose or who require acute management for substance use disorder.

(32) “Stroke facility” shall mean an acute care hospital or freestanding emergency department that has received and maintains current State of Delaware designation as a stroke center, as determined by the Secretary of Health and Social Services, or an acute care hospital or freestanding emergency department that has not achieved such a designation but participates in the care of stroke patients and contributes data to the Delaware Stroke System Registry and Quality Improvement Program.

(33) “Stroke patient” shall mean any person with an episode of neurological dysfunction or headache caused by focal cerebral, spinal, or retinal infarction or by a focal collection of blood within the brain parenchyma, ventricular system, or subarachnoid space that is not caused by trauma.

(34) “Substance use disorder” means the psychological or physical dependence on alcohol, a controlled substance, a narcotic drug, or a combination of substances, that causes clinical and functional impairment or distress. “Substance use disorder” often includes a strong desire to use alcohol, a controlled substance, or a narcotic drug, increased tolerance to alcohol, a controlled substance, or a narcotic drug, and withdrawal syndrome when use of alcohol, a controlled substance, or a narcotic drug is abruptly discontinued.

(35) “Trauma facility” means an acute care hospital which has received and maintains current State designation as a Trauma Center. Categories of trauma facilities in Delaware are as follows:

a. Regional Level 1 Trauma Center. — A regional resource trauma center that has the capability of providing leadership and comprehensive, definitive care for every aspect of injury from prevention through rehabilitation.

b. Regional Level 2 Trauma Center. — A regional trauma center with the capability to provide initial care for all trauma patients. Most patients would continue to be cared for in this center; there may be some complex cases which would require transfer for the depth of services of a Regional Level 1 or specialty center.

c. Community Trauma Center. — An acute care hospital that provides assessment, resuscitation, stabilization and triage of all trauma patients, arranging for timely transfer of those patients requiring the additional resources of a Regional Trauma or Specialty Center and delivering definitive care to those whose needs match the resources of the Community Trauma Center.

d. Participating hospital. — An acute care facility which transfers trauma patients with moderate or severe injuries to trauma centers after initial resuscitation. When necessary, this facility may provide care to trauma patients with minor injuries. Participating hospitals contribute data to the Delaware Trauma System Registry and Quality Improvement Program.

(36) “Trauma patient” means any person with actual or potential bodily damage subsequent to an event which exposed the body to an external force or energy.

(37) “Treatment protocols” shall mean written uniform treatment and care plans for emergency and critical patients. The treatment plans for advanced life support must be approved and signed by appropriate physicians and/or medical groups.
16 Del. C. § 9806 — Delaware Code / Title 16 / Chapter 98 / Section 9806
§ Â
        9806. EMS medical directors [Effective until July 17, 2028].
Status: in_force

(a) There shall be 5 part time EMS Medical Directors: 1 State EMS Medical Director, 3 county EMS medical directors and 1 Basic Life Support EMS Director. Each county EMS medical director shall practice emergency medicine in the county in which the county director serves as a director, unless otherwise approved by the Office of Emergency Medical Services. The State EMS Medical Director shall supervise all EMS Medical Directors. The Basic Life Support EMS Medical Director shall serve as an advisor for basic life support to the State Fire Prevention Commission. An EMS Medical Director shall be available at all times to advise supervising physicians, EMS providers and EMS provider agencies.

(b) As part of their responsibilities, the EMS medical directors shall:

(1) Provide medical oversight and prospective, concurrent and retrospective medical quality control of advanced life support, basic life support and emergency medical dispatch;

(2) Establish and ensure compliance with standing orders and treatment protocols;

(3) Provide review and evaluate the medical interventions of the EMS providers;

(4) Coordinate with and advise the Office of EMS, State Fire Prevention Commission and provider agencies of any deficiencies within the system with suggested remedies;

(5) Monitor the EMS providers for skill degradation and recommend appropriate remedies to the Office of EMS, the State Fire Prevention Commission and the provider agencies;

(6) Offer technical assistance to all EMS providers and assist in the provision of patient care while functioning as an EMS Medical Director; and

(7) Have authority to suspend EMS providers immediately from patient treatment for a period not to exceed 30 days, if they determine that it is necessary in order to prevent a clear and immediate danger to the public health.

(c) Each EMS medical director shall be employed by the State, by contract or otherwise, and shall be a board certified emergency physician actually involved in the practice of emergency medicine.

(d) The EMS medical directors shall be appointed by the Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, who shall consult with the Board of Medical Licensure and Discipline as part of the selection process.(a) There shall be 5 part time EMS Medical Directors: 1 State EMS Medical Director, 3 county EMS medical directors and 1 Basic Life Support EMS Director. Each county EMS medical director shall practice emergency medicine in the county in which the county director serves as a director, unless otherwise approved by the Office of Emergency Medical Services. The State EMS Medical Director shall supervise all EMS Medical Directors. The Basic Life Support EMS Medical Director shall serve as an advisor for basic life support to the State Fire Prevention Commission. An EMS Medical Director shall be available at all times to advise supervising physicians, EMS providers and EMS provider agencies.

(b) As part of their responsibilities, the EMS medical directors shall:

(1) Provide medical oversight and prospective, concurrent and retrospective medical quality control of advanced life support, basic life support and emergency medical dispatch;

(2) Establish and ensure compliance with standing orders and treatment protocols;

(3) Provide review and evaluate the medical interventions of the EMS providers;

(4) Coordinate with and advise the Office of EMS, State Fire Prevention Commission and provider agencies of any deficiencies within the system with suggested remedies;

(5) Monitor the EMS providers for skill degradation and recommend appropriate remedies to the Office of EMS, the State Fire Prevention Commission and the provider agencies;

(6) Offer technical assistance to all EMS providers and assist in the provision of patient care while functioning as an EMS Medical Director; and

(7) Have authority to suspend EMS providers immediately from patient treatment for a period not to exceed 30 days, if they determine that it is necessary in order to prevent a clear and immediate danger to the public health.

(c) Each EMS medical director shall be employed by the State, by contract or otherwise, and shall be a board certified emergency physician actually involved in the practice of emergency medicine.

(d) The EMS medical directors shall be appointed by the Director of the Division of Public Health who shall consult with the Board of Medical Licensure and Discipline as part of the selection process.
16 Del. C. § 2222 — Delaware Code / Title 16 / Chapter 22 / Section 2222
§ Â
        2222. Immunity, limitation of liability.
Status: in_force

Any peace officer, emergency medical technician, firefighter, ambulance attendant, physician, employee of the Division, administrator or staff of a treatment facility, or other person acting under their supervision or assisting them, as well as the entities that may employ or direct the foregoing, acting or omitting to act within this chapter shall not be subject to any civil claim or civil legal proceeding of any nature, in law or equity, for damages of any nature or for any harm resulting from any act or proceeding, decision or determination undertaken, performed or recommended unless such harm was intentionally or recklessly caused by the misconduct of the foregoing individuals.
16 Del. C. § 3005J — Delaware Code / Title 16 / Chapter 30J / Section 3005J
§ Â
        3005J. Limitations.
Status: in_force

Nothing in this chapter shall be construed to do any of the following:

(1) Interfere with the rights of a patient’s agent operating under a valid advance health-care directive under Chapter 25 of this title.

(2) Interfere with a valid Delaware Medical Orders for Scope of Treatment (DMOST) under Chapter 25A of this title.

(3) Remove the obligation of a third-party payer to cover any health-care item or service that the third-party payer is obligated to provide to a patient under the terms of a valid agreement, insurance policy, plan, certificate of coverage, or managed care organization contract.

(4) Otherwise supersede or replace existing rights, remedies, or procedures under any other law.

(5) Otherwise conflict with or replace any of the Center for Medicare and Medicaid Services Conditions of Participation.
16 Del. C. § 4904 — Delaware Code / Title 16 / Chapter 49 / Section 4904
§ Â
        4904. Prescribing or administering of laetrile.
Status: in_force

(a) No hospital nor health facility may interfere with the physician-patient relationship by restricting or forbidding the use of laetrile (amygdalin, Vitamin B-17) when prescribed or administered by a physician, surgeon, osteopath or other person engaged in the “practice of medicine,” as that term is defined in § 1702 of Title 24 and/or when requested by a patient, unless the substance as prescribed or administered by the physician or medical practitioner is found to be harmful by the Board of Medical Licensure and Discipline in a public hearing which complies with the Freedom of Information Act [Chapter 100 of Title 29].

(b) No physician, surgeon, osteopath or other person engaged in the “practice of medicine,” as that term is defined in § 1702 of Title 24 shall be subject to disciplinary action solely for the prescribing or administering of laetrile (amygdalin, Vitamin B-17) to a patient under the physician's, surgeon's, osteopath's or other person's care who has requested the substance.

(c) Under this section laetrile shall not be considered a medical drug, but shall be considered a natural food substance.
16 Del. C. § 123 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 123
§ Â
        123. Reports from public institutions, Division of Professional Regulation and resorts; penalties [Effective June 30, 2026].
Status: in_force

(a) The Department of Health and Social Services may require reports and information from all public dispensaries, asylums, prisons and schools and from the managers, principals and officers thereof, and from all other public institutions, their officers and managers, and from the proprietors, managers, lessees and occupants of all places of public resort in the State but such reports and information shall only be required concerning matters and particulars in respect of which the Department of Health and Social Services may need information for the proper discharge of its duties.

(b) If any proprietor, manager, principal, superintendent, officer or physician in charge refuses and neglects to make a report when requested to do so by the Department of Health and Social Services, that person shall be fined not less than $5.00 nor more than $25, together with costs.

(c) (1) The Division of Public Health and the Delaware Health Care Commission are authorized to request and receive licensing data, including names, addresses, license types, and demographic and employment-related data to the extent that the data are collected and electronically stored by the Division of Professional Regulation for the purposes of issuing and maintaining professional licenses and supporting health-care workforce research and planning under § 8735(y) of Title 29. Data collected for health-care workforce research and planning purposes may not include personal data such as home address or personal financial information. The Delaware Division of Public Health and the Delaware Health Care Commission may share licensing data with their contractors to carry out the purposes of this subsection. Licensing data may only be used for the purpose of conducting official state business, which may include any of the following:

a. Measuring and tracking the supply of licensed health-care professionals in this State.

b. Identifying and tracking data related to United States Department of Health and Human Services initiatives, including identifying health professional shortage areas (HPSAs), maternity care target areas (MCTAs), and medically underserved areas and populations (MUA/Ps), as these terms are defined by the federal Health Resources and Services Administration.

c. Health-care workforce research and planning.

d. Understanding issues related to supply, demand, distribution, and use of health-care workers.

e. Informing health-care workforce policy.

(2) The boards affected include all of the following:

a. Delaware State Board of Medical Licensure and Discipline.

b. Delaware State Board of Dentistry and Dental Hygiene.

c. Delaware State Board of Nursing.

d. Delaware State Board of Mental Health and Chemical Dependency Professionals.

e. Delaware State Board of Examiners of Psychologists.

f. Delaware State Board of Social Work Examiners.

g. Delaware State Board of Podiatry.

h. Delaware State Board of Chiropractic.

i. Delaware State Board of Occupational Therapy Practice.

j. Delaware State Board of Examiners in Optometry.

k. Delaware Board of Pharmacy.

l. Delaware State Examining Board of Physical Therapists and Athletic Trainers.

m. Delaware State Board of Examiners of Speech Pathologists, Audiologists, and Hearing Aid Dispensers.

n. Delaware State Board of Examiners of Nursing Home Administrators.

o. Delaware State Board of Dietetics/Nutrition.

p. Delaware State Board of Funeral Services.

q. Delaware State Board of Massage and Bodywork.

r. Delaware State Board of Veterinary Medicine.

(d) All data must be submitted in a standardized electronic format as determined by the Division of Public Health in consultation with the Division of Professional Regulation and the Delaware Health Care Commission. Data must be submitted within 20 business days of a request.(a) The Department of Health and Social Services may require reports and information from all public dispensaries, asylums, prisons and schools and from the managers, principals and officers thereof, and from all other public institutions, their officers and managers, and from the proprietors, managers, lessees and occupants of all places of public resort in the State but such reports and information shall only be required concerning matters and particulars in respect of which the Department of Health and Social Services may need information for the proper discharge of its duties.

(b) If any proprietor, manager, principal, superintendent, officer or physician in charge refuses and neglects to make a report when requested to do so by the Department of Health and Social Services, that person shall be fined not less than $5.00 nor more than $25, together with costs.

(c) (1) The Division of Public Health and the Delaware Health Care Commission are authorized to request and receive licensing data, including names, addresses, license types, and demographic and employment-related data to the extent that the data are collected and electronically stored by the Division of Professional Regulation for the purposes of issuing and maintaining professional licenses and supporting health-care workforce research and planning under § 8735(y) of Title 29. Data collected for health-care workforce research and planning purposes may not include personal data such as home address or personal financial information. The Delaware Division of Public Health and the Delaware Health Care Commission may share licensing data with their contractors to carry out the purposes of this subsection. Licensing data may only be used for the purpose of conducting official state business, which may include any of the following:

a. Measuring and tracking the supply of licensed health-care professionals in this State.

b. Identifying and tracking data related to United States Department of Health and Human Services initiatives, including identifying health professional shortage areas (HPSAs), maternity care target areas (MCTAs), and medically underserved areas and populations (MUA/Ps), as these terms are defined by the federal Health Resources and Services Administration.

c. Health-care workforce research and planning.

d. Understanding issues related to supply, demand, distribution, and use of health-care workers.

e. Informing health-care workforce policy.

(2) The boards affected include all of the following:

a. Delaware State Board of Medical Licensure and Discipline.

b. Delaware State Board of Dentistry and Dental Hygiene.

c. Delaware State Board of Nursing.

d. Delaware State Board of Mental Health and Chemical Dependency Professionals.

e. Delaware State Board of Examiners of Psychologists.

f. Delaware State Board of Social Work Examiners.

g. Delaware State Board of Podiatry.

h. Delaware State Board of Chiropractic.

i. Delaware State Board of Occupational Therapy Practice.

j. Delaware State Board of Examiners in Optometry.

k. Delaware State Board of Pharmacy.

l. Delaware State Examining Board of Physical Therapists and Athletic Trainers.

m. Delaware State Board of Examiners of Speech Pathologists, Audiologists, and Hearing Aid Dispensers.

n. Delaware State Board of Examiners of Nursing Home Administrators.

o. Delaware State Board of Dietetics/Nutrition.

p. Delaware State Board of Funeral Services.

q. Delaware State Board of Massage and Bodywork.

r. Delaware State Board of Veterinary Medicine.

(d) All data must be submitted in a standardized electronic format as determined by the Division of Public Health in consultation with the Division of Professional Regulation and the Delaware Health Care Commission. Data must be submitted within 20 business days of a request.

(e) For the purposes of measuring, tracking and projecting supply and demand of health-care professionals, the requesting entity shall provide to the Division of Professional Regulation any health workforce report developed from the data.

(f) Any individual data provided pursuant to this section shall be confidential. No public employee, commission member, or contractor acting on behalf of a state agency or employee of such a contractor may:

(1) Use any data provided pursuant to this section for any purpose other than the statistical, forecasting, workforce research and planning, and program purposes for which the data are furnished.

(2) Make public any of the data provided pursuant to this section that would allow the identity of any individual to be inferred by either direct or indirect means.

(3) Retain any personal data as provided in this section that is received by the Delaware Division of Public Health, the Delaware Health Care Commission or any contractor acting on behalf of these entities. Any personal data must be destroyed within 30 days of completion of its intended purpose as described in this section.

(g) An intentional violation of subsection (f) of this section shall result in the imposition of a fine of not less than $1,000 nor more than $20,000 or imprisonment of not less than 30 days nor more than 6 months, or both. Justices of the Peace shall have jurisdiction of offenses under this section.

(h) The Division of Public Health’s Office of Healthcare Provider Resources shall collaborate with the Delaware Health Care Commission and the Division of Professional Regulation to identify the data the Division of Professional Regulation must collect during the licensing or renewal process for the purposes described in subsection (c) of this section.
16 Del. C. § 801D — Delaware Code / Title 16 / Chapter 8D / Section 801D
§ Â
        801D. Policy.
Status: in_force

The perinatal mental health-care policy of this State shall serve to increase the likelihood that a person who has given birth and experiences symptoms of perinatal mood and anxiety disorder will receive the necessary mental health treatment. The goal of this policy is to provide sufficient resources of information and support, including patient screening during pregnancy, and in the postpartum period for people with perinatal mood and anxiety disorder to decrease child abuse or neglect and the need for inpatient treatment.
16 Del. C. § 3323 — Delaware Code / Title 16 / Chapter 33 / Section 3323
§ Â
        3323. Detention or embargo of article [Effective until June 30, 2026].
Status: in_force

(a) (1) When a duly authorized agent of the Department of Health and Social Services, when food is involved, or of the Board of Pharmacy, when drugs are involved, finds or has probable cause to believe that any food or drug as defined by this chapter is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, or is in violation of § 3303, § 3304, § 3308 or § 3309 of this title, the agent shall affix to such article a tag or other appropriate marking. This tag or marking shall give notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed. The tag or other appropriate marking shall warn all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by an authorized agent or the Court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission.

(2) When an authorized agent has found that an article which is embargoed or detained is not adulterated or misbranded, the agent shall remove the tag or other markings and it may be disposed of by sale or otherwise by the owner.

(b) When an article is adulterated or misbranded or is in violation of § 3303, § 3304, § 3308 or § 3309 of this title, it shall be liable to be proceeded against by petition to the justice of the peace or the judge of the Court of Common Pleas in whose jurisdiction the article is located, detained or embargoed for a decree of condemnation of such article.

(c) If the Court finds that a sampled, detained or embargoed article is adulterated or misbranded, such article shall, after entry of the decree, be destroyed at the expense of the owner thereof, under the supervision of an authorized agent. All court costs and fees, and storage and other expenses, shall be charged against the owner of such article or the owner’s agent. If adulteration or misbranding can be corrected by proper labelling or processing of the article, the Court, after entry of the decree may, by order, direct that such article be delivered to the owner thereof for such labelling or processing under the supervision of an agent of the State Board of Pharmacy or the Department of Health and Social Services. Expense of such supervision and any other costs, fees or expenses involved shall be paid by the owner. A sufficient bond shall be executed on the condition that the articles shall be properly labelled or processed. The article shall be returned to the owner and the bond shall be discharged on the representation to the Court by the Department of Health and Social Services or the Board of Pharmacy or their authorized agents that the article is no longer in violation of this chapter, and that the expenses of such supervision have been paid. The tag or markings described in paragraph (a)(1) of this section may then be removed.

(d) The Department of Health and Social Services or its authorized agents shall condemn or destroy, or otherwise render unsaleable as human food, any meat, seafood, poultry, vegetable, fruit or other perishable articles which are unsound, or contain any filthy, decomposed or putrid substance, or that may be poisonous or deleterious to the health, or are otherwise unsafe. This applies to food found in any room, building, vehicle of transportation or other structure. The cost of condemning, destroying or rendering such food unsaleable shall be paid by the claimant.(a) (1) When a duly authorized agent of the Department of Health and Social Services, when food is involved, or of the Board of Pharmacy, when drugs are involved, finds or has probable cause to believe that any food or drug as defined by this chapter is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, or is in violation of § 3303, § 3304, § 3308 or § 3309 of this title, the agent shall affix to such article a tag or other appropriate marking. This tag or marking shall give notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed. The tag or other appropriate marking shall warn all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by an authorized agent or the Court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission.

(2) When an authorized agent has found that an article which is embargoed or detained is not adulterated or misbranded, the agent shall remove the tag or other markings and it may be disposed of by sale or otherwise by the owner.

(b) When an article is adulterated or misbranded or is in violation of § 3303, § 3304, § 3308 or § 3309 of this title, it shall be liable to be proceeded against by petition to the justice of the peace or the judge of the Court of Common Pleas in whose jurisdiction the article is located, detained or embargoed for a decree of condemnation of such article.

(c) If the Court finds that a sampled, detained or embargoed article is adulterated or misbranded, such article shall, after entry of the decree, be destroyed at the expense of the owner thereof, under the supervision of an authorized agent. All court costs and fees, and storage and other expenses, shall be charged against the owner of such article or the owner’s agent. If adulteration or misbranding can be corrected by proper labelling or processing of the article, the Court, after entry of the decree may, by order, direct that such article be delivered to the owner thereof for such labelling or processing under the supervision of an agent of the Delaware Board of Pharmacy or the Department of Health and Social Services. Expense of such supervision and any other costs, fees or expenses involved shall be paid by the owner. A sufficient bond shall be executed on the condition that the articles shall be properly labelled or processed. The article shall be returned to the owner and the bond shall be discharged on the representation to the Court by the Department of Health and Social Services or the Delaware Board of Pharmacy or their authorized agents that the article is no longer in violation of this chapter, and that the expenses of such supervision have been paid. The tag or markings described in paragraph (a)(1) of this section may then be removed.

(d) The Department of Health and Social Services or its authorized agents shall condemn or destroy, or otherwise render unsaleable as human food, any meat, seafood, poultry, vegetable, fruit or other perishable articles which are unsound, or contain any filthy, decomposed or putrid substance, or that may be poisonous or deleterious to the health, or are otherwise unsafe. This applies to food found in any room, building, vehicle of transportation or other structure. The cost of condemning, destroying or rendering such food unsaleable shall be paid by the claimant.
16 Del. C. § 3306 — Delaware Code / Title 16 / Chapter 33 / Section 3306
§ Â
        3306. Destruction of adulterated candy.
Status: in_force

Adulterated candy shall be forfeited and destroyed under the direction of the Attorney General.
16 Del. C. § 6717 — Delaware Code / Title 16 / Chapter 67 / Section 6717
§ Â
        6717. Establishment of State Fire Prevention Commission ambulance service responsibility and authority; ambulance service districts; operational and administrative requirements; ambulance service permits; penalties.
Status: in_force

(a) As the responsible agency for the regulation of ambulance services within the State, the Commission shall adopt regulations applicable to ambulance service providers including but not limited to the establishment of ambulance service districts, establishment of operational and administrative requirements and requirements for certification of ambulance service providers. The Commission shall also have the authority to establish a process for certification renewal and shall have the authority to decertify any agency for noncompliance with its regulations.

(b) The Commission may adopt regulations to establish an Incident Review Committee to consider incidents related to ambulance service and all proceedings of the Incident Review Committee shall be confidential. All records of the Incident Review Committee to include the recording of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data and other documentation either generated or received by the Incident Review Committee or its members for the purpose of considering incidents related to ambulance service shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena or admission into evidence in any judicial or administrative proceedings. No record shall be available for public inspection or is it a public record within the meaning of the Delaware Freedom of Information Act [Chapter 100 of Title 29].

(c) The Commission shall produce and make available an annual list of certified ambulance service providers. Ambulance service providers not certified will not be eligible to receive state funding, including but not limited to the special fund established pursuant to § 713 of Title 18 and Medicaid payments, and federal funding requiring certification. Nothing in this provision shall be construed to effect the eligibility of BLS agencies to receive state funding related to the operation of a rescue truck.

(d) The Commission shall, in consultation and cooperation with other components of the Delaware EMS system, develop and maintain a contingency plan for uninterrupted provision of service in the event an ambulance service provider is no longer able to provide service within an ambulance service district.

(e) The Commission shall monitor the occurrence of scratches by each ambulance service provider and take action to decertify any ambulance service provider that has excessive scratches. For purposes of this subsection, “scratches” are defined as instances when a BLS ambulance is alerted but does not respond to a call for assistance. For purposes of this subsection, “excessive scratches” shall mean a number of scratches exceeding a preestablished number or percentage for each BLS provider, determined and communicated annually in advance to the provider by the State Fire Prevention Commission.

(f) This section shall not pertain to the operation of paramedic service as outlined in Chapter 98 of this title.

(g) Any person, company or organization that provides ambulance service within the State without being authorized and certified by the State Fire Prevention Commission as an ambulance service provider shall be fined not more than $300 per offense. Each and every day the provision of ambulance service continues after knowledge or official notice that such activity is illegal shall be deemed a separate offense.
16 Del. C. § 1034 — Delaware Code / Title 16 / Chapter 10 / Subchapter II / Section 1034
§ Â
        1034. Implementation; authorized modifications; suspension of assessment in certain circumstances [For application of this section, see 84 Del. Laws, c. 476, Â 4].
Status: in_force

(a) The Department shall seek a waiver, state plan amendment, preprint approval, or any other authorization from CMS to the extent necessary to implement this subchapter.

(b) Notwithstanding any other law to the contrary, the Department shall administer this subchapter in a manner which meets any and all eligibility requirements necessary for federal financial participation under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.

(c) The assessment imposed under § 1032 of this title is suspended, and a hospital does not have an obligation to pay the assessment, when the Commission certifies in a notice to the Registrar of Regulations that any of the following apply:

(1) A federal law or rule change by CMS prohibits the type of assessment imposed under § 1032 of this title or otherwise declares the type of assessment under § 1032 of this title impermissible under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.

(2) CMS does not permit the State to use the assessment imposed under § 1032 of this title for the State’s share of Medicaid program expenditures without a loss of federal matching funds.

(d) The assessment imposed under § 1032 of this title shall resume, after a suspension initiated under subsection (c) of this section, on the earlier occurrence of 1 of the following:

(1) The Commission certifies in a notice to the Registrar of Regulations of the enactment of an act of the General Assembly modifying this subchapter or subchapter III of this chapter that resolves the condition precipitating the suspension.

(2) The Commission certifies in a notice to the Registrar of Regulations that the condition precipitating the suspension has been resolved.

(e) The Registrar of Regulations shall publish in the next issue of the Register of Regulations a certification under subsection (c) or (d) of this section provided to the Registrar of Regulations.
16 Del. C. § 2109 — Delaware Code / Title 16 / Chapter 21 / Section 2109
§ Â
        2109. Renewal of permit.
Status: in_force

Permits shall remain effective only during a calendar year beginning January 1, and ending December 31, or any remaining portion of a calendar year beginning on the date the permit is issued. Applications for renewal of the permit must be made within the 60-day period preceding expiration of the permit currently held by the applicant. The fee for renewal of a manufacturer’s permit shall be $50.
16 Del. C. § 6837 — Delaware Code / Title 16 / Chapter 68 / Subchapter V / Section 6837
§ Â
        6837. Applicability.
Status: in_force

This subchapter shall apply to any cause of action arising after April 21, 1986.
16 Del. C. § 4101 — Delaware Code / Title 16 / Chapter 41 / Section 4101
§ Â
        4101. Policy and definitions.
Status: in_force

(a) Declaration of policy. — (1) The dairy industry is a paramount industry of the State and the production, processing, packaging, distribution and sale of frozen desserts is an important segment of the dairy industry and is of vast economic importance to the State and of vital importance to the consuming public of the State and should be encouraged and promoted in the public interest. It is in the interest of the dairy industry and of the consuming public that there be uniformity of standards for frozen desserts as between the various states and the federal government to the end that there may be free movement of frozen desserts between the states and to the end that the inefficiency, needless expense and confusion caused by differences in products sold under the same name, and differences in labeling of identical products may be eliminated.

(2) It is the purpose of this chapter to promote honesty and fair dealing in the interest of consumers, to insure fair competition between the manufacturers and distributors of the different products and to prevent confusion and deception in the sale of all such products by establishing definitions and standards of identity for such products and by providing for rules and regulations which will effect their orderly marketing and insure uniform and proper sanitary standards.

(b) Definitions. — For the purpose of this chapter and for any rules, regulations, definitions, standards of identity or labeling requirements promulgated pursuant thereto, the term “frozen desserts” shall be deemed to include ice cream, frozen custard, French ice cream, French custard ice cream, artificially sweetened ice cream, artificially sweetened ice milk, ice milk, fruit sherbet, water ice, quiescently frozen confection, quiescently frozen dairy confection, whipped cream confection, bisque tortoni, mellorine frozen desserts as all such products are commonly known, together with any mix used in such frozen desserts, and any products which are similar in appearance, odor or taste to such products or are prepared or frozen as such products are customarily prepared or frozen whether made with dairy or nondairy products.
16 Del. C. § 3014A — Delaware Code / Title 16 / Chapter 30A / Subchapter II / Section 3014A
§ Â
        3014A. Exemptions.
Status: in_force

Nothing in this subchapter may be construed to prohibit any of the following individuals from performing the tasks of a central service technician:

(1) A health-care practitioner.

(2) A student or intern performing the tasks of a central service technician, under the direct supervision of a health-care practitioner as a part of their training or internship.
16 Del. C. § 152 — Delaware Code / Title 16 / Chapter 1 / Subchapter IV / Section 152
§ Â
        152. Payment of costs of maintenance.
Status: in_force

The Division of Public Health shall pay for the care, treatment and maintenance of all hospitalized patients who enter the Emily P. Bissell Hospital for the diagnosis, treatment and cure of tuberculosis and other chronic diseases amenable to treatment, rehabilitation, or both who, in the discretion of the Secretary of the Department of Health and Social Services need financial support. Those patients who are required to pay for such care, treatment and maintenance shall make direct payment to the Emily P. Bissell Hospital. Direct payment shall be made to the Emily P. Bissell Hospital by health insurance companies or health benefit payment plans by which any patient has health coverage.
16 Del. C. § 3322 — Delaware Code / Title 16 / Chapter 33 / Section 3322
§ Â
        3322. Penalties for violations of Ââ3320 of this title.
Status: in_force

(a) Whoever violates § 3320 of this title shall be fined not less than $50 nor more than $250, or imprisoned not more than 1 year, and pay the costs of prosecution, among which shall be taxed the costs of the justice of the peace, the costs and actual expenses endorsed upon the warrant and the charge of the State Chemist, whose charge shall not in any 1 case exceed the sum of $20.

(b) In case of failure to convict, the charge of the State Chemist, the costs of the justice of the peace and the costs and actual expenses endorsed upon the warrant shall be paid by the county in which the prosecution is conducted. The amount of money to be paid by any county shall not exceed in any year the sum of $200.
16 Del. C. § 9602 — Delaware Code / Title 16 / Chapter 96 / Section 9602
§ Â
        9602. Definitions.
Status: in_force

For the purposes of this chapter:

(1) “Ability Network of Delaware” or “AND,” or any succeeding name of this entity, means the state association whose membership includes community rehabilitation programs and other similar organizations, both public and private.

(2) “Agency of this State” or “agency” means all counties, municipalities, school districts, or any other entity which is supported in whole or in part by funds that the General Assembly appropriated.

(3) “Central nonprofit agency” or “CNA” means a public or private entity organized under the laws of this State, that the Commission selects to do at least 1 of the following:

a. Facilitate the provision, by subcontract or other means, of set-aside services or the production and distribution of set-aside commodities, in order to employ individuals with visual impairments and other disabilities.

b. Provide information the Commission has required under the provisions of this chapter and any applicable regulations.

(4) “Commission,” when capitalized and used as a noun, means the Commission for Statewide Contracts to Support Employment for Individuals with Disabilities.

(5) “Community rehabilitation program” or “CRP” means a public or private entity that provides or coordinates rehabilitation services for individuals with visual impairments and other disabilities, including assessment, customized employment, medical, personal assistance, psychiatric, psychological, rehabilitation technology, supported employment, or vocational services.

(6) “Disability” means as it is defined in the Americans With Disabilities Act of 1990, 42 U.S.C. § 12102.

(7) “Family member” means an individual’s parent, grandparent, stepparent, sibling, or spouse.

(8) “Food service” means restaurant, cafeteria, snack bar, vending machines for food and beverages, and goods and services customarily offered in connection with any of the foregoing.

(9) “Public building” means a building owned or leased by the State and used for governmental purposes. It does not include a public school or a building at residential institutions operated by this State. “Public building” does not mean a building or property that is used as a public recreational facility, owned or leased by this State, and operated or occupied by the Department of National Resources and Environmental Control or the State Forestry Department. “Public building” does not mean food service located in or on the property of a public building on the Delaware Turnpike.

(10) “Set-aside” means a service or product that has been exempted from procurement under Chapter 69 of Title 29 and awarded by the Commission for a price that the Commission approved.

(11) “Visual impairment” means central visual acuity that meets 1 of the following criteria:

a. Does not exceed 20/70, including blindness, in the better eye with correcting lenses.

b. If better than 20/70, is accompanied by a limit to the better field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees.
16 Del. C. § 10405 — Delaware Code / Title 16 / Chapter 104 / Section 10405
§ Â
        10405. Personal identification and immunity.
Status: in_force

Any individual who elects to surrender a firearm anonymously to a CFRP may do so and personal identification shall not be required to be presented at the time of redemption. Notwithstanding any law to the contrary, any person participating in a CFRP shall be immune from criminal prosecution for the criminal offenses defined in §§ 1442 and 1444 of Title 11, provided the person is, in good faith, on an immediate, direct route to the predetermined CFRP site.
16 Del. C. § 703A — Delaware Code / Title 16 / Chapter 7 / Subchapter I / Section 703A
§ Â
        703A. Expedited partner therapy.
Status: in_force

(a) A health-care practitioner who makes a clinical diagnosis of a sexually transmitted disease may provide expedited partner therapy for the treatment of the sexually transmitted disease in accordance with established medical practices and profession guidances published by professional medical organizations, including the Centers for Disease Control, if, in the judgment of the health-care practitioner, the sexual partner is unlikely or unable to present for comprehensive health-care, including evaluation, testing, and treatment for sexually transmitted diseases. Expedited partner therapy is limited to a sexual partner who may have been exposed to a sexually transmitted disease within the previous 60 days and who is able to be contacted by the patient.

(b) A health-care practitioner who provides expedited partner therapy shall provide counseling for the patient, including advice that all symptomatic individuals, and in particular women with symptoms suggestive of pelvic inflammatory disease, are encouraged to seek medical attention. The health-care practitioner shall also provide written materials, provided by the Department of Health and Social Services, to be given by the patient to the sexual partner. The written materials must include the following:

(1) A warning that a woman who is pregnant or might be pregnant should immediately contact a health-care professional for an examination.

(2) Information about the antibiotic and dosage provided or prescribed that contains clear and explicit allergy and side effect warnings, including a warning that a sexual partner who has a history of allergy to the antibiotic or the pharmaceutical class of antibiotic should not take the antibiotic and should be immediately examined by a health-care professional.

(3) Information about the treatment and prevention of sexually transmitted diseases.

(4) The requirement of abstinence until a period of time after treatment to prevent infecting others.

(5) Notification of the importance of the sexual partner’s receiving examination and testing for the human immunodeficiency virus and other sexually transmitted diseases and information regarding available resources.

(6) Notification of the risk to the sexual partner, others, and the public health if the sexually transmitted disease is not completely and successfully treated.

(7) The responsibility of the sexual partner to inform that individual’s sexual partners of the risk of sexually transmitted disease and the importance of prompt examination and treatment.

(8) Advice to seek medical attention if symptoms of an allergic reaction arise.

(c) A health-care practitioner who provides expedited partner therapy in good faith, without fee or compensation, and who provides counseling and written materials as required under this section, is not subject to civil or professional liability in connection with the provision of the expedited partner therapy, counseling, and materials, unless it is established that the health-care practitioner acted with unreasonable care, wilfully, wantonly, or by gross negligence.

(d) A health-care practitioner is not subject to civil or professional liability for choosing not to provide expedited partner therapy.

(e) Notwithstanding any other provision of law or regulation to the contrary, a pharmacist licensed to practice pharmacy in this State may recognize a prescription authorized by this section as valid.

(f) A pharmacist or pharmacy is not subject to civil or professional liability for filling a prescription ordered under this section unless it is established that the pharmacist or pharmacy acted with unreasonable care, wilfully, wantonly, or by gross negligence.

(g) The label of any drug prescribed, or records created under this section are not required to contain the name of the patient’s sexual partner.

(h) All information under this section is confidential and privileged except for reports required under this chapter and under the provisions of §§ 710 and 711 of this title.
16 Del. C. § 10301 — Delaware Code / Title 16 / Chapter 103 / Subchapter I / Section 10301
§ Â
        10301. Purpose.
Status: in_force

(a) The purpose of this chapter is to create the Delaware Health Information Network (“DHIN”), a not-for-profit body both politic and corporate, to serve as a public instrumentality that has the right, obligation, privilege, and purpose to promote the design, implementation, operation, and maintenance of facilities for public and private use of health care information in the State. DHIN is the State’s sanctioned provider of health information exchange services.

(b) DHIN is a public-private partnership for the benefit of all citizens of this State.

(c) DHIN shall ensure the privacy of patient health-care information.
16 Del. C. § 4315 — Delaware Code / Title 16 / Chapter 43 / Section 4315
§ Â
        4315. Using containers bearing anotherâs label or name.
Status: in_force

No person shall fill or refill any glass, jar, bottle or any other container with soda water, mineral water or any other drink or fluid, with intent to sell or vend such water, drink or fluid, which bears the label of any other person or which has blown in such glass, bottle or other container the name of any person without the consent of such person.
16 Del. C. § 1131 — Delaware Code / Title 16 / Chapter 11 / Subchapter III / Section 1131
§ Â
        1131. Definitions.
Status: repealed

For purposes of this subchapter:

(1) “Abuse” means the infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish and includes all of the following:

a. Physical abuse. —

“Physical abuse” means the unnecessary infliction of pain or injury to a patient or resident. “Physical abuse” includes hitting, kicking, punching, slapping, or pulling hair. If any act constituting physical abuse has been proven, the infliction of pain is presumed.

b. Sexual abuse. —

“Sexual abuse” includes any sexual contact, sexual penetration, or sexual intercourse, as those terms are defined in § 761 of Title 11, with a patient or resident by an employee or volunteer working at a facility. It is not a defense that the sexual contact, sexual penetration, or sexual intercourse was consensual.

c. Emotional abuse. —

“Emotional abuse” means the use of oral, written, or gestured language that includes disparaging and derogatory terms to patients, residents, their families, or within their hearing distance, regardless of their age, ability to comprehend, or disability. “Emotional abuse” includes the violation of resident rights and privacy through the posting of inappropriate materials on social media. “Emotional abuse” includes all of the following: ridiculing, demeaning, humiliating, or cursing at a patient or resident; punishment or deprivation; or threatening a patient or resident with physical harm.

d. [Repealed.]

(2), (3) [Repealed.]

(4) “Facility” means all of the following:

a. Any facility required to be licensed under this chapter.

b. Any facility operated by or for the State which provides long-term care residential services.

c. [Repealed.]

d. Any hospital as defined under Chapter 10 of this title. “Hospital” is included in the definition of facility only for the purposes and application of this section and § 1136 of this title.

e. Any adult day care facility required to be licensed under Chapter 1 of this title.

(5) “Financial exploitation” means the illegal or improper use of a patient’s or resident’s resources or financial rights by another person, whether for profit or other advantage.

(6) [Repealed.]

(7) “High managerial agent” means an officer of a facility or any other agent in a position of comparable authority with respect to the formulation of the policy of the facility or the supervision in a managerial capacity of subordinate employees.

(8) “Investigation” means the collection of evidence in response to an allegation of abuse, neglect, mistreatment, financial exploitation, or medication diversion of a patient or resident to determine if that patient or resident has been abused, neglected, mistreated, or financially exploited or has been the victim of medication diversion. The Department shall develop protocols for its investigations which focus on ensuring the safety and well-being of the patient or resident and which satisfy the requirements of this chapter.

(9) “Licensed independent practitioner” means a physician or an individual licensed and authorized to write medical orders under Chapter 17 or Chapter 19 of Title 24 and who is providing care for the patient or resident or is overseeing the health care provided to the resident.

(10) a. “Medication diversion” means the knowing or intentional interruption, obstruction, or alteration of the delivery or administration of a prescription drug to a patient or resident, if both of the following apply:

1. The prescription drug was prescribed or ordered by a licensed independent practitioner for the patient or resident.

2. The interruption, obstruction, or alteration occurred without the prescription or order of a licensed independent practitioner.

b. “Medication diversion” does not mean conduct performed by any of the following:

1. A licensed independent practitioner or licensed health-care professional who acted in good faith within the scope of the individual’s practice or employment.

2. An individual acting in good faith while rendering emergency care at the scene of an emergency or accident.

(11) “Mistreatment” means the inappropriate use of medications, isolation, or physical or chemical restraints on or of a patient or resident.

(12) “Neglect” means the failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness. Neglect includes all of the following:

a. Lack of attention to physical needs of the patient or resident including toileting, bathing, meals, and safety.

b. Failure to report patient or resident health problems or changes in health problems or changes in health condition to an immediate supervisor or nurse.

c. Failure to carry out a prescribed treatment plan for a patient or resident.

d. A knowing failure to provide adequate staffing which results in a medical emergency to any patient or resident where there has been a documented history of at least 2 prior cited instances of such inadequate staffing within the past 2 years in violation of minimum maintenance of staffing levels as required by statute or regulations promulgated by the Department, all so as to evidence a wilful pattern of such neglect.

(13) “Person” means a human being and, where appropriate, a public or private corporation, an entity, an unincorporated association, a partnership, a government, or governmental instrumentality.

(14) [Repealed.]

(15) “Prescription drug” means a drug required by federal or state law or regulation to be dispensed only by a prescription, which means a lawful written or verbal order of a practitioner for a drug, including finished dosage forms and active ingredients, subject to § 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 353(b)).
16 Del. C. § 4809B — Delaware Code / Title 16 / Chapter 48B / Section 4809B
§ Â
        4809B. Limitation on authority of government entities to bring lawsuits.
Status: in_force

No government entity has the authority to assert released claims after February 28, 2021 against entities, individuals or other persons released by the Department of Justice in a statewide opioid settlement agreement executed by the Attorney General and the released party.
16 Del. C. § 718 — Delaware Code / Title 16 / Chapter 7 / Subchapter II / Section 718
§ Â
        718. Enforcement of subchapter.
Status: in_force

(a) Any person aggrieved by a violation of this subchapter shall have a right of action in the Superior Court and may recover for each violation:

(1) Against any person who negligently violates a provision of this subchapter, damages of $1,000 or actual damages, whichever is greater.

(2) Against any person who intentionally or recklessly violates a provision of this subchapter, damages of $5,000 or actual damages, whichever is greater.

(3) Reasonable attorneys’ fees.

(4) Such other relief, including an injunction, as a court may deem appropriate.

(b) Any action under this subchapter is barred unless the action is commenced within 3 years after the cause of action accrues. A cause of action will accrue when the injured party becomes aware of an unauthorized disclosure pursuant to § 717 of this title, or that an HIV-related test has been conducted without informed consent pursuant to § 715 of this title.

(c) The Attorney General may maintain a civil action to enforce this subchapter in which a Court may order any relief authorized by subsection (a) of this section.

(d) Nothing in this subchapter shall be construed to impose civil liability or criminal sanction for disclosure of an HIV-related test result in accordance with any reporting requirement by the Division.
16 Del. C. § 3315 — Delaware Code / Title 16 / Chapter 33 / Section 3315
§ Â
        3315. Enforcement agencies; rules and regulations [Effective June 30, 2026].
Status: in_force

(a) The Department of Health and Social Services shall enforce all the provisions of this chapter and shall promulgate rules and regulations to carry out the same so far as they relate to foods. The Delaware Board of Pharmacy shall enforce all the provisions of this chapter and shall promulgate rules and regulations for carrying out the same so far as they relate to drugs, including proper methods for handling volatile and variable drugs.

(b) Such rules shall provide for the examination and analysis of specimens and shall give the party from whom a specimen is obtained opportunity to verify any findings and to be heard before prosecution. The rules and regulations officially prescribed for the enforcement of the Federal Food, Drug and Cosmetic Act [21 U.S.C. § 301 et seq.], and acts amendatory thereof, so far as applicable, shall be adopted by the officials referred to in subsection (a) of this section for the enforcement of this chapter. No rule or regulation shall be promulgated under subsection (a) of this section which is in conflict with Chapter 49 of this title.(a) The Department of Health and Social Services shall enforce all the provisions of this chapter and shall promulgate rules and regulations to carry out the same so far as they relate to foods. The State Board of Pharmacy shall enforce all the provisions of this chapter and shall promulgate rules and regulations for carrying out the same so far as they relate to drugs, including proper methods for handling volatile and variable drugs.

(b) Such rules shall provide for the examination and analysis of specimens and shall give the party from whom a specimen is obtained opportunity to verify any findings and to be heard before prosecution. The rules and regulations officially prescribed for the enforcement of the Federal Food, Drug and Cosmetic Act [21 U.S.C. § 301 et seq.], and acts amendatory thereof, so far as applicable, shall be adopted by the officials referred to in subsection (a) of this section for the enforcement of this chapter. No rule or regulation shall be promulgated under subsection (a) of this section which is in conflict with Chapter 49 of this title.
16 Del. C. § 7105 — Delaware Code / Title 16 / Chapter 71 / Section 7105
§ Â
        7105. Sale.
Status: in_force

No person shall sell or distribute explosive materials to any person without first obtaining a copy of the license which authorizes the distributee to purchase, receive or possess explosive materials as provided in this chapter; provided that such person shall not be required to again obtain a copy of said license during the effective term shown on said license.
16 Del. C. § 929 — Delaware Code / Title 16 / Chapter 9 / Subchapter II / Section 929
§ Â
        929. Removal of name from the Child Protection Registry.
Status: in_force

(a) A person who has been entered on the Child Protection Registry at Child Protection Level II or Level III will be automatically removed from the Registry under § 923 of this title, provided that the person has not been substantiated for an incident of abuse or neglect while on the Registry.

(b) A person who has been entered on the Child Protection Registry at Child Protection Level II or Level III may file a Petition for Removal in the Family Court prior to the expiration of the time designated for the level. The Family Court shall have the discretion to remove the person from the registry. In making this determination, the Court shall consider all relevant factors, including:

(1) The nature and circumstances of the original substantiated incident;

(2) Any substantiated incidents of abuse or neglect while on the Registry;

(3) The criminal history of the person, including whether the person’s criminal record of arrest or conviction of the incident leading to placement on the Registry was expunged;

(4) Compliance with the terms of probation, if applicable;

(5) The risk, if any, the registrant poses to the victim, the community and to other potential victims;

(6) The impact of registration and employer notification on the victim, community and other potential victims;

(7) The rehabilitation, if any, of the person, or successful completion of a program of evaluation and treatment including any court-ordered or division-recommended case plan; and

(8) The adverse impact of registration on the person and the rehabilitative process, including the impact on employment opportunities.

(c) A person who was entered on the Child Protection Registry at any level as a child, may, at any time after that person’s eighteenth birthday, file a Petition for Removal in the Family Court. The Family Court shall have the discretion to remove the person from the registry. In making this determination, the Court shall consider all relevant factors, including those in § 929(b) of this title.

(d) A Petition for Removal from the Registry must be filed in the Family Court in the county in which the substantiation occurred. A copy of the petition must be served on the Department, which may file an objection or answer to the petition within 30 days after being served. In every case, the Department shall inform the Court whether or not the person applying for removal has been substantiated for abuse or neglect while on the Child Protection Registry. The Family Court may, in its discretion, dispose of a Petition for Removal without a hearing.

(e) Removal from the Child Protection Registry means only that the person’s name has been removed from the Registry and may no longer be reported to employers pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31. Notwithstanding removal from the Registry, the person’s name and other case information remains in the Department’s internal information system as substantiated for all other purposes, including the Department’s use of the information for historical, treatment, and investigative purposes, foster and adoptive parent decisions, reporting to law-enforcement authorities, the Department of Education, Office of Child Care Licensing’s use for child-care licensing decisions, or any other purpose set forth in § 906(e) of this title.
16 Del. C. § 6307 — Delaware Code / Title 16 / Chapter 63 / Section 6307
§ Â
        6307. Toxic chemical release reporting.
Status: in_force

(a) The owner or operator of a facility subject to the requirements of this section shall complete a toxic chemical release form as published under subsection (k) of this section for each toxic chemical listed under subsection (e) of this section that was manufactured, processed or otherwise used in quantities exceeding the toxic chemical threshold quantity established by subsection (i) of this section during the preceding calendar year at such facility. Such form shall be submitted to the Department annually, on or before July 1, and shall contain data reflecting releases during the preceding calendar year.

(b) The requirements of this section shall apply to owners and operators of facilities that have the equivalent of 10 or more full-time employees and that are in Standard Industrial Classification Codes 20 through 39 (as in effect on July 1, 1985) and that manufactured, processed or otherwise used a toxic chemical listed under subsection (e) of this section in excess of the quantity of that toxic chemical established under subsection (i) of this section during the calendar year for which a release form is required under this section.

(c) The Secretary may add or delete Standard Industrial Classification Codes for purposes of subsection (b) of this section, but only to the extent necessary to provide that each Standard Industrial Code to which this section applies is relevant to the purposes of this section.

(d) The Secretary may apply the requirements of this section to the owners and operators of any particular facility that manufactures, processes or otherwise uses a toxic chemical listed under subsection (e) of this section if the Secretary determines that such action is warranted on the basis of toxicity of the toxic chemical, proximity to other facilities that release the toxic chemical or to population centers, the history of releases of such chemical at such facility, or such other factors as the Secretary deems appropriate.

(e) A list of toxic chemicals subject to the requirements of this section shall be established by the Secretary.

(f) The Secretary may add or delete a chemical from the list described in subsection (e) of this section at any time.

(g) Additions. — A chemical may be added if the Secretary determines, in the Secretary’s judgment, that there is sufficient evidence to establish any 1 of the following:

(1) The chemical is known to cause or can reasonably be anticipated to cause significant adverse acute human health effects at concentration levels that are reasonably likely to exist beyond facility site boundaries as a result of continuous or frequently recurring releases.

(2) The chemical is known to cause or can reasonably be anticipated to cause in humans:

a. Cancer or teratogenic effects; or

b. Serious or irreversible:

1. Reproductive dysfunctions;

2. Neurological disorders;

3. Heritable genetic mutations; or

4. Other chronic health effects.

(3) The chemical is known to cause or can reasonably be anticipated to cause, because of:

a. Its toxicity;

b. Its toxicity and persistence in the environment; or

c. Its toxicity and tendency to bioaccumulate in the environment, a significant adverse effect on the environment of sufficient seriousness, in the judgment of the Secretary, to warrant reporting under this section. The number of chemicals included on the list described in subsection (e) of this section on the basis of the preceding sentence may constitute in the aggregate no more than 25 percent of the total number of chemicals on the list.

A determination under this subsection shall be based on generally accepted scientific principles or laboratory tests or appropriately designed and conducted epidemiological or other population studies available to the Secretary.

(h) A chemical may be deleted if the Secretary determines there is not sufficient evidence to establish any of the criteria described in subsection (g) of this section.

(i) The threshold amounts for purposes of reporting toxic chemicals under this section are as follows:

(1) With respect to a toxic chemical used at a facility, 10,000 pounds of the toxic chemical per year.

(2) With respect to a toxic chemical manufactured or processed at a facility, 25,000 pounds of the toxic chemical per year.

(j) The Secretary may establish a threshold amount for a toxic chemical different from the amount established by subsection (i) of this section. Such revised threshold shall obtain reporting on a substantial majority of total releases of the chemical at all facilities subject to the requirements of this section. The amounts established under this subsection may, at the Secretary’s discretion, be based on classes of chemicals or categories of facilities.

(k) The Secretary shall publish a uniform toxic chemical release form for facilities covered by this section. If the Secretary does not publish such a form, owners and operators of facilities subject to the requirements of this section shall provide the information required under this section by letter postmarked on or before the date on which the form is due. Such form shall:

(1) Provide for the name and location of and principal business activities at the facility;

(2) Include an appropriate certification, signed by a senior official with management responsibility for the person or persons completing the report, regarding the accuracy and completeness of the report; and

(3) Provide for submission of each of the following items of information for each listed toxic chemical known to be present at the facility at or above threshold amounts:

a. Whether the toxic chemical at the facility is manufactured, processed or otherwise used and the general category or categories of use of the chemical.

b. An estimate of the maximum amount (in ranges) of the toxic chemical present at the facility at any time during the preceding calendar year.

c. For each wastestream, the waste treatment or disposal methods employed and an estimate of the treatment efficiency typically achieved by such methods for that wastestream.

d. The annual quantity of the toxic chemical entering each environmental medium.

(l) Each owner or operator of a facility required to file an annual toxic chemical release form under this section for any toxic chemical shall include with each such annual filing a toxic chemical source reduction and recycling report for the preceding calendar year. The toxic chemical source reduction and recycling report required under this subsection shall set forth each of the following on a facility-by-facility basis for each toxic chemical:

(1) The quantity of the chemical entering any waste stream (or otherwise released into the environment) prior to recycling, energy recovery, treatment or disposal during the calendar year for which the report is filed and the percentage change from the previous year. The quantity reported shall not include any amount reported under paragraph (l)(8) of this section. When actual measurements of the quantity of a toxic chemical entering the waste streams are not readily available, reasonable estimates should be made on best engineering judgment.

(2) The amount of the chemical from the facility which is recycled (at the facility or elsewhere) during such calendar year, the percentage change from the previous year and the process of recycling used.

(3) The amount of the chemical from the facility which is used for energy recovery (at the facility or elsewhere) during such calendar year, the percentage change from the previous year and the process of energy recovery used.

(4) The source reduction practices used with respect to that chemical during such year at the facility. Such practices shall be reported in accordance with the following categories unless the Secretary finds other categories to be more appropriate:

a. Equipment, technology, process or procedure modifications.

b. Reformulation or redesign of products.

c. Substitution of raw materials.

d. Improvement in management, training, inventory control, materials handling or other general operational phases of industrial facilities.

(5) The amount expected to be reported under paragraphs (l)(1) and (2) of this section for the 2 calendar years immediately following the calendar year for which the report is filed. Such amount shall be expressed as a percentage change from the amount reported in paragraphs (l)(1) and (2) of this section.

(6) A ratio of production in the reporting year to production in the previous year. The ratio should be calculated to most closely reflect all activities involving the toxic chemical. In specific industrial classifications subject to this section, where a feedstock or some variable other than production is the primary influence on waste characteristics or volumes, the report may provide an index based on that primary variable for each toxic chemical.

(7) The techniques which were used to identify source reduction opportunities. Techniques listed should include, but are not limited to, employee recommendations, external and internal audits, participative team management and material balance audits. Each type of source reduction listed under paragraph (l)(4) of this section should be associated with the techniques or multiples of techniques used to identify the source reduction technique.

(8) The amount of any toxic chemical released into the environment which resulted from a catastrophic event, remedial action or other 1-time event and is not associated with production processes during the reporting year.

(9) The amount of the chemical from the facility which is treated (at the facility or elsewhere) during such calendar year and the percentage change from the previous year.

(m) The Secretary may require the reporting of additional items of information as necessary to provide a comprehensive review of toxic chemical use, including the flow of toxic materials through a community to a facility; an understanding of the processes, release patterns and potential exposures within a facility; and an understanding of the final disposition of toxic materials.

(n) To simplify reporting, the Secretary may modify the form established under subsection (k) of this section to include the items of information established under subsections (k), (l) and (m) of this section.

(o) In order to provide the information required under this section, the owner or operator of a facility may use readily available data (including monitoring data) collected pursuant to other provisions of law or, where such data are not readily available, reasonable estimates of the amounts involved. Nothing in this section requires the monitoring or measurement of the quantities, concentration or frequency of any toxic chemical released into the environment beyond that monitoring and measurement required under other provisions of law or regulation. In order to assure consistency, the Secretary shall require that data be expressed in common units.
16 Del. C. § 8803 — Delaware Code / Title 16 / Chapter 88 / Section 8803
§ Â
        8803. Dormitories to have automatic fire suppression systems, compliance rate.
Status: in_force

All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education within the State shall be equipped throughout with an automatic fire suppression system in accord with the provisions of this chapter by July 9, 2009. This provision also requires the retrofitting of all existing buildings used as dormitories, in whole or in part, which do not have an existing automatic fire suppression system by July 9, 2009.
16 Del. C. § 1207 — Delaware Code / Title 16 / Chapter 12 / Subchapter I / Section 1207
§ Â
        1207. Parental rights.
Status: in_force

This subchapter does not alter any right of parents or guardians to order medical and/or genetic tests of their children.
16 Del. C. § 6408 — Delaware Code / Title 16 / Chapter 64 / Section 6408
§ Â
        6408. Injunctions.
Status: in_force

The Attorney General, on request of the Fire Marshal or 1 of the Fire Marshal’s deputies, may seek an injunction against any person operating an amusement ride, including bungee jumps, in violation of this chapter, the State Fire Prevention Commission’s regulations, or which are otherwise deemed by the Fire Marshal to present an imminent risk to public health and safety including, but not limited to, the risk to public health and safety posed by the interruption of traffic flow.
16 Del. C. § 3314 — Delaware Code / Title 16 / Chapter 33 / Section 3314
§ Â
        3314. Other exceptions.
Status: in_force

An offense is not deemed to be committed under this chapter, in the following cases:

(1) Where the order calls for an article of food or drug inferior to the standard required under this chapter and the difference is made known at the time;

(2) Where the article of food or drug is mixed with any matter or ingredient not injurious to health and not intended fraudulently to increase its bulk, weight or measure or conceal its inferior quality, if at the time such article is delivered to the purchaser it is made known to the purchaser that the article of food or drug is so mixed.
16 Del. C. § 6401 — Delaware Code / Title 16 / Chapter 64 / Section 6401
§ Â
        6401. Short title.
Status: in_force

This chapter may be cited as the “Amusement Ride Safety Inspection and Insurance Act.”
16 Del. C. § 9205 — Delaware Code / Title 16 / Chapter 92 / Section 9205
§ Â
        9205. General grant of powers.
Status: in_force

(a) The purpose of the Authority shall be to assist health-care facilities in the acquisition, construction, financing and refinancing of projects within the State, and for this purpose the Authority is authorized and empowered to:

(1) Adopt bylaws for the regulation of its affairs and the conduct of its business;

(2) Adopt an official seal and alter the same at pleasure;

(3) Maintain an office at such place or places as it may designate;

(4) Sue and be sued in its own name, plead and be impleaded;

(5) Determine the location and character of any project to be financed under this chapter, and to construct, reconstruct, remodel, maintain, manage, enlarge, alter, add to, repair, operate, lease, as lessee or lessor, and regulate the same, to enter into contracts for any and all of such purposes, to enter into contracts for the management and operation of a project, and to designate a participating facility as its agent to determine the location and character of a project undertaken by such participating facility under this chapter and, as the agent of the Authority, to construct, reconstruct, remodel, maintain, manage, enlarge, alter, add to, repair, operate, lease, as lessee or lessor, and regulate the same, and, as the agent of the Authority, to enter into contracts for any and all of such purposes, including contracts for the management and operation of such project;

(6) Issue bonds, bond anticipation notes and other obligations of the Authority for any of its corporate purposes, and to fund or refund the same all as provided in this chapter;

(7) Generally, fix and revise from time to time and charge and collect rates, rents, fees and charges for the use of and for the services furnished or to be furnished by a project or any portion thereof and to contract with any person, partnership, association or corporation or other body public or private in respect thereof and to designate a participating facility as its agent to fix, revise, charge and collect such rates, rents, fees and charges and to make such contracts;

(8) Establish rules and regulations for the use of a project or any portion thereof and to designate a participating facility as its agent to establish rules and regulations for the use of a project in which such participating facility is participating;

(9) Employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers and such other employees and agents as may be necessary in its judgment, and to fix their compensation;

(10) Receive and accept from any public agency loans or grants for or in aid of the construction of a project or any portion thereof, and receive and accept loans, grants, aid or contributions from any source of either money, property, labor or other things of value to be held, used and applied only for the purposes for which such loans, grants, aid and contributions are made;

(11) Mortgage any project and the site thereof for the benefit of the holders of bonds issued to finance such project;

(12) Make loans to any participating facility for the cost of a project in accordance with an agreement between the Authority and 1 or more participating facilities; provided that no such loan shall exceed the total cost of the project as determined by such participating facility or facilities and approved by the Authority;

(13) Make loans to participating facilities to refund outstanding obligations, mortgages or advances issued, made or given by such participating facilities for the cost of the project;

(14) Charge to and equitably apportion among participating facilities its administrative costs and expenses reasonably incurred in the exercise of the powers and duties conferred by this chapter;

(15) Do all things necessary or convenient to carry out the purposes of this chapter.

(b) In carrying out the purposes of this chapter, the Authority may undertake a joint project or projects for 2 or more participating facilities, and, thereupon, all other provisions of this chapter shall apply to and for the benefit of the Authority and the participants in such joint project or projects.
16 Del. C. § 3007J — Delaware Code / Title 16 / Chapter 30J / Section 3007J
§ Â
        3007J. Affidavit of merit.
Status: in_force

Any health-care negligence action, including one pertaining to training under § 3004J of this title, brought by an individual or the legal representative of an individual against a hospital, hospital employee, an individual with whom a hospital has a contractual relationship, or an authorized agent of the hospital for violating any provision of this chapter that caused an individual’s injuries or death shall be subject to the provisions of § 6853 of Title 18.
16 Del. C. § 7109 — Delaware Code / Title 16 / Chapter 71 / Section 7109
§ Â
        7109. Records.
Status: in_force

(a) Records required. — It shall be unlawful for any person wilfully to purchase, possess, receive, sell or distribute explosive materials in the State without keeping records as specified in this section.

(b) Contents of records. — Records of purchases, possession and receipts of explosive materials shall be maintained by the persons purchasing, possessing and receiving the explosive materials and shall include the date of the transaction, the name, address and license or permit number of the person from whom received, the name of the manufacturer and importer (if any), the manufacturer’s marks of identification (if any), and the quantity and description of explosive materials. With respect to explosive materials sold or distributed, the seller or distributor shall record the name, address and license or permit number of the distributee, the date of transaction, the name of the manufacturer and importer (if any), the manufacturer’s marks of identification (if any), and the quantity and description of the explosive materials.

(c) False entry. — It shall be unlawful for any licensee or permittee knowingly to make any false entry in any record which the licensee or permittee is required to keep pursuant to this section or regulations promulgated under § 7107(f) of this title.

(d) Record retention. — Any record required by this chapter or regulations promulgated under its provisions shall be retained by the licensee or permittee for not less than 5 years from the date of the transaction recorded.
16 Del. C. § 5161 — Delaware Code / Title 16 / Chapter 51 / Subchapter V / Section 5161
§ Â
        5161. Rights of patients in mental health hospitals or residential centers.
Status: in_force

(a) As used in this section:

(1) “Department ” means the Department of Health and Social Services, except that Department means the Department of Services for Children, Youth and Their Families for facilities certified under §§ 5025(a) and 5001(9) of this title.

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

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

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

c. Protection and Advocacy for Individual Rights (29 U.S.C. § 794e).

(3) For purposes of persons admitted pursuant to Chapter 55 of this title, the term “treatment” includes habilitation and the term “patient” means resident.

(b) Any hospital or residential center that admits persons pursuant to Chapter 50, 51, or 55 of this title shall prominently post in English and Spanish the list of patient rights set forth in this subsection. In addition to the posting, the Department shall distribute a copy of the list to each patient and to other persons, as provided in Department regulations. Each patient shall have the rights listed below, which shall be liberally construed to fulfill their beneficial purposes. Furthermore, in defining the scope or extent of any duty imposed by this section, higher or more comprehensive obligations established by otherwise applicable federal, state, or local enactments as well as certification standards of accrediting agencies may be considered.

(1) Each patient shall receive care and treatment suited to the patient’s needs, skillfully, safely and humanely administered with full respect for the patient’s dignity and personal integrity. The care and treatment shall be provided in a setting and under conditions that restrict the patient’s personal liberty only to the extent required by the patient’s treatment needs, applicable law and judicial orders.

(2) Each patient shall have an outcome-oriented, individualized, written treatment plan; treatment based on such plan; periodic review or revision of the plan consistent with treatment progress; and a description of treatment and other support services that may be needed upon discharge.

(3) Each patient, and, if the patient is a minor, the patient’s parents or legal guardian shall have the right to ongoing participation in a manner appropriate to the patient’s capabilities, in the development and revision of an individualized treatment plan. In furtherance of this right, each patient, and, if the patient is a minor, the patient’s parents or legal guardian shall minimally be provided with a reasonable explanation of the following:

a. The patient’s general mental condition and, if a facility has provided a physical examination, the patient’s general physical condition;

b. The objectives of treatment and the reasons why a particular treatment is considered appropriate;

c. The expected benefits and risks of recommended treatments, including all significant potential adverse effects and the steps which may be taken to obviate or ameliorate such effects;

d. The nature, duration and expected benefits and risks of any alternative treatments that are available.

(4) Prior to discharge, the facility shall prepare a written continuing care plan developed in consultation with interdisciplinary staff, anticipated post-discharge providers and the patient, and, if the patient is a minor, with the patient’s parents or legal guardian. At a minimum, Departmental community-based services staff shall be consulted for adult patients in Departmental facilities. The continuing care plan shall include:

a. A realistic assessment of the patient’s post-discharge social, financial, vocational, housing and treatment needs;

b. Identification of available support services and provider linkages necessary to meet the assessed needs; and

c. Identification and a timetable of discrete, predischarge activities necessary to promote the patient’s successful transition to the community-based services system or to another appropriate post-discharge setting.

(5) Absent a patient’s informed, voluntary, written consent to a mode or course of treatment, each patient shall have the right not to receive the mode or course of treatment established pursuant to a treatment plan, except as follows:

a. During an emergency situation, if such treatment is pursuant to and documented contemporaneously by the written order of a physician; or

b. As authorized under applicable law or court order in the case of a person involuntarily committed to the facility; or

c. In the case of a minor, as authorized by a parent or legal guardian.

(6) Each patient shall have the right to be free from the following:

a. Abuse, mistreatment and neglect, as proscribed by Chapters 9 and 11 of this title.

b. Unjustifiable force, as defined by § 468 of Title 11;

c. Seclusion, physical restraint, drugs or other interventions administered primarily for purposes of staff convenience; provided, however, that restraint or seclusion may be administered pursuant to and documented contemporaneously by the written order of an authorized, licensed mental health professional to the extent necessary to prevent physical harm to self or others. Administration of restraint under this subsection shall include the following safeguards:

1. Authorizing orders shall specify the form, duration, and conditions of restraint based on a deliberative determination that the restraint is the least restrictive alternative intervention to prevent physical harm to the patient or others;

2. The patient shall receive a medical examination within an hour of initiation of restraint by a physician, or, if a physician is not available, a nurse;

3. During the course of restraint the patient shall be closely monitored to assess well-being and facilitate prompt discontinuation of restraint when no longer necessary to prevent physical harm to the patient or others;

4. Subsequent to administration of restraint, an interactive clinical assessment shall be undertaken, which includes the patient, and, at the request of the patient, a representative of the protection and advocacy agency, to review catalysts resulting in the necessity of the restraint and appropriateness of revision to the individualized treatment plan.

(7) Each patient shall be advised of the availability of any internal and external systems for reporting abuse, neglect and mistreatment, including those established by Chapters 9 and 11 of this title and the protection and advocacy agency.

(8) The hospital or residential center shall require:

a. Careful reexamination and evaluation of each patient not less than every 6 months;

b. Periodic physical examination of each patient by a physician at least once a year;

c. An order of a staff member, operating within the scope of a professional authority and based upon appropriate examination, before any treatment is administered;

d. Written, informed consent by the patient, or, if the patient is a minor, a parent or legal guardian, for surgery, electro-convulsive therapy, major medical treatment in the nature of surgery or the use of research, investigational or experimental drugs or procedures; and

e. Notation in the patient’s clinical record, signed by the personnel involved, of periodic examinations, individualized treatment programs, evaluations, reevaluations and of orders for treatment and specific therapies.

(9) Each patient shall be entitled to communicate freely and privately with persons and groups inside and outside the facility, consistent with the safety and welfare of other patients and with avoiding serious harassment of others. Correspondence initiated to others by the patient shall be sent along promptly without being opened. The facility shall establish procedures to insure that patients have a full opportunity to conduct correspondence, to have reasonable and confidential access to telephones, and, subject to treatment team limitation based on a clinical determination of serious patient harm, to have frequent and convenient opportunities to meet with visitors. Any treatment team’s limitation of such patient communication shall be documented in the patient’s treatment plan and shall include the team’s specific rationale.

(10) A patient’s right to retain reasonable personal belongings shall be respected, except that the facility may temporarily retain custody of a patient’s personal property for the patient’s protection; provided, that such property is used or conserved for the support of the patient. The patient is entitled to a receipt for any personal property over which the facility retains temporary custody. Nothing in this paragraph shall be construed to relieve any patient from the obligations arising out of § 5019 of this title.

(11) Each patient shall have the right to participate in available vocational rehabilitation, community care or release programs consistent with the patient’s treatment plan. It is recognized that work programs can be therapeutic and, therefore, may be included in a patient’s individualized treatment plan provided that the following conditions are met:

a. The facility must document in the individualized treatment plan the patient’s need or desire for work;

b. The individualized treatment plan must specify the nature of the work to be performed and whether the work is to be voluntary or paid;

c. The patient must consent to the work program described in the treatment plan; and

d. The patient must be aware that the patient may withdraw consent to the work program at any time.

To the extent specifically authorized by the Department of Labor, workers’ compensation law and unemployment insurance law shall not apply to any patient engaged in work programs pursuant to this paragraph.

(12) Each patient who, but for a mental disability, would be entitled to attend a public school shall receive the same training and education that the patient would otherwise be entitled to receive in the patient’s local school district. The facility shall arrange for such training and education, which shall be consistent with the mental ability of the patient, and shall arrange for suitable resources and equipment to address the needs of those patients with visual or hearing impairments.

(13) The hospital or residential center shall maintain a clinical record for each patient admitted. The clinical record shall contain complete information on all matters relating to the admission, legal status, care and treatment of the patient, and shall include all pertinent documents relating to the patient. Copies of informed consent forms signed by patients or guardians pursuant to paragraph (b)(8)d. of this section shall be kept with each patient’s ward chart. The Department shall, by regulation, determine the scope and method of recording information maintained on the clinical records. Those regulations shall ensure the completeness and accuracy of data pertaining to admission, legal matters affecting the patient, records and notations of the course of care and treatment, therapies, the patient’s progress if in research and adverse or other reactions thereto, restrictions on the patient’s rights, periodic examinations and other information required by the Department.

No information reported to the Department and no clinical records maintained with respect to patients shall be public records. Such information and records shall not be released to any person or agency outside of the Department except in conformity with existing law and as follows:

a. To patients, or, if the patient is a minor, to a parent or legal guardian, except that access to specific records may be refused when a clinical determination is made and documented in the patient’s individualized treatment plan that such access would be seriously detrimental to the patient’s health or treatment progress. In the latter case, such material may be made available to a licensed mental health professional selected by the patient, and that professional may, in the exercise of professional judgment, provide the patient with access to any or all parts of the denied material or otherwise disclose the information contained therein. Whenever records are released in accordance with this paragraph, the recipient shall have the right to review the record with a mental health professional furnished by the facility;

b. Pursuant to an order of a court of record;

c. To attorneys representing the patient;

d. To rights-protection agencies otherwise entitled to access under applicable federal or state law or implementing interagency agreement, including the Office of the Long-Term Care Ombudsperson and the protection and advocacy agency;

e. With the consent of the patient, or, if the patient is a minor, with the consent of a parent or legal guardian;

f. To Departmental contractors to the extent necessary for professional consultation or services;

g. To the State Bureau of Identification pursuant to § 8509 of Title 11 and to the Federal Bureau of Investigation, National Instant Criminal Background Check System pursuant to § 1448A of Title 11; and

h. As requested by the Maternal and Child Death Review Commission, the Child Protection Accountability Commission, or the Drug Overdose Fatality Commission pursuant to an investigation or review; and

i. As otherwise required by law.

(14) The Delaware Psychiatric Center and any other hospital as defined in § 5001(9) of this title shall, under § 1448A of Title 11, cause to be submitted to the State Bureau of Identification (SBI) information as may be required to comply with federal laws and regulations relating to background checks for the purchase or transfer of firearms. The information must include only names and other nonclinical identifying information of persons so committed. The SBI shall transmit the information, as may be required by law, to the FBI for use in its National Instant Criminal Background Check System (NICS).

(15) Each patient, and, if the patient is a minor, the minor’s parent or legal guardian, shall have the right to assert grievances with respect to infringement of the rights described in this section, including the right to have such grievances considered in a fair, timely and impartial grievance procedure provided for or by the facility. Without diminution of such right, the facility may also establish a supplemental mediation system to resolve grievances. The Department shall establish the grievance system for the Delaware Psychiatric Center, through regulation, which shall include the following features:

a. Availability of patient assistance in preparation and submission of grievance;

b. Right to present grievance in person or with the assistance of a representative, including the protection and advocacy agency, to an individual or group impartial decision maker;

c. Right to decision on routine grievance within reasonable time not to exceed 15 calendar days;

d. Availability of expedited processing for urgent or time-sensitive grievance; and

e. Availability of patient appeal to impartial review officer selected by the Department from an approved list compiled by the State Council for Persons with Disabilities and submitted to the Department.

(16) Each patient, and, if the patient is a minor, the minor’s parent or legal guardian, shall have a right to confidential access to any internal rights protection office established by the facility and to any state or federally authorized mental health ombudsperson or rights protection agency.

(17) Each patient shall have the right to exercise the rights described in this section without reprisal, including reprisal in the form of denial of any appropriate, available treatment.

(18) Nothing in this section or in any rule or regulation adopted pursuant thereto shall be construed to deny treatment by spiritual means through prayer for any patient detained for evaluation or treatment who desires spiritual treatment, or to a minor, if the minor’s parent or guardian desires such treatment.

(19) Consistent with the nature of the right and applicable law, a right may devolve to the patient’s guardian.

(20) The rights described above are in addition to, and not in derogation of, any other statutory or constitutional rights.
16 Del. C. § 3003P — Delaware Code / Title 16 / Chapter 30P / Section 3003P
§ Â
        3003P. Enforcement.
Status: in_force

The Director of the Division of Public Health shall have exclusive enforcement authority over this section.
16 Del. C. § 7918 — Delaware Code / Title 16 / Chapter 79 / Section 7918
§ Â
        7918. Drainage pipes.
Status: in_force

The drainage pipes shall be so designed and constructed as to be proof, for a reasonable life of the building, against leakage of water or drain air due to defective materials, imperfect connections, corrosions, settlements, vibrations of the ground or building, temperature changes, freezing or other causes.
16 Del. C. § 2105 — Delaware Code / Title 16 / Chapter 21 / Section 2105
§ Â
        2105. Selling or leasing used mattresses; sterilization and disinfection.
Status: in_force

No person shall sell, lease, offer to sell or lease, or deliver or consign in sale or lease, or have in the person’s possession with intent to sell, lease, deliver or consign in sale or lease:

(1) Any mattress, pillow, bolster, featherbed or comfortable made, remade or renovated in violation of this chapter;

(2) Any secondhand mattress, pillow, bolster, featherbed or comfortable, unless since last used it has been thoroughly sterilized and disinfected by a reasonable process approved by the Department of Health and Social Services.
16 Del. C. § 2728 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2728
§ Â
        2728. Organ and Tissue Donor Awareness Trust Fund contributions.
Status: in_force

The Delaware Department of Finance shall provide a space on the face of the state individual income tax return for the 1998 tax year and each year thereafter whereby an individual may voluntarily designate a contribution of any amount desired to the Fund. The amount so designated by an individual on the state income tax return form shall be deducted from the tax refund to which the individual is entitled or added to the individual’s payment and shall not constitute a charge against the income tax revenues due the State.
16 Del. C. § 505 — Delaware Code / Title 16 / Chapter 5 / Subchapter I / Section 505
§ Â
        505. Communicable diseases; regulations; quarantine [Effective until July 17, 2028].
Status: in_force

(a) From the list of notifiable diseases referred to in § 504 of this title, the Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, may at any time declare certain diseases to be communicable and may by regulation lay down the procedure which is to be followed by the patient or person suffering therefrom, the parents of the patient, the householder, by the physician attending on the patient or any individual brought into contact with or responsible for the care or maintenance of the patient in order that the transference of the disease to other individual or individuals may be prevented.

(b) The regulation respecting the communicable diseases shall provide for:

(1) Quarantine or isolation of the patient, of any person or persons who have been exposed to the patient and therefore liable to have contracted the disease or of any carrier of the disease;

(2) Placarding by a suitable sign intended to be recognizable by the public, the premises, house, tenement or room in which the person ill of or exposed to the disease, may be;

(3) Any other matter relating to the care of and due to the illness of the patient from such a communicable disease while the patient is living and ill from the disease or to the disposal of the patient’s body when dead;

(4) Removal of the patient from and the patient’s return to school; and

(5) Any other matter or procedure of interest in the protection of the public.

(c) The powers and duties of the Division under this section are subject to the powers and duties granted other entities in Title 20. Provisions of Title 20 which conflict with provisions of this section shall take precedence over this section.(a) From the list of notifiable diseases referred to in § 504 of this title, the Director of the Division of Public Health or the Director’s designee may at any time declare certain diseases to be communicable and may by regulation lay down the procedure which is to be followed by the patient or person suffering therefrom, the parents of the patient, the householder, by the physician attending on the patient or any individual brought into contact with or responsible for the care or maintenance of the patient in order that the transference of the disease to other individual or individuals may be prevented.

(b) The regulation respecting the communicable diseases shall provide for:

(1) Quarantine or isolation of the patient, of any person or persons who have been exposed to the patient and therefore liable to have contracted the disease or of any carrier of the disease;

(2) Placarding by a suitable sign intended to be recognizable by the public, the premises, house, tenement or room in which the person ill of or exposed to the disease, may be;

(3) Any other matter relating to the care of and due to the illness of the patient from such a communicable disease while the patient is living and ill from the disease or to the disposal of the patient’s body when dead;

(4) Removal of the patient from and the patient’s return to school; and

(5) Any other matter or procedure of interest in the protection of the public.

(c) The powers and duties of the Division under this section are subject to the powers and duties granted other entities in Title 20. Provisions of Title 20 which conflict with provisions of this section shall take precedence over this section.
16 Del. C. § 7414 — Delaware Code / Title 16 / Chapter 74 / Section 7414
§ Â
        7414. Prohibited uses.
Status: in_force

It is unlawful for any person to use, manufacture, produce, transport, transfer, receive, acquire, own or possess any source of ionizing radiation unless licensed by, the Nuclear Regulatory Commission and registered with or specifically exempted by the Authority in accordance with this chapter.
16 Del. C. § 2705 — Delaware Code / Title 16 / Chapter 27 / Subchapter I / Section 2705
§ Â
        2705. Powers and duties of Medical Council.
Status: in_force

The Medical Council shall in the performance of its duties pursuant to this subchapter:

(1) Establish such reasonable regulations as may be necessary;

(2) Maintain complete records;

(3) Maintain a registry of approved institutions and persons pursuant to § 2701 of this title;

(4) Allocate unclaimed dead bodies to each of the approved institutions according to the number of approved persons and the character of anatomical studies conducted at such approved institutions.
16 Del. C. § 3004H — Delaware Code / Title 16 / Chapter 30H / Section 3004H
§ Â
        3004H. Penalty.
Status: in_force

A violation of this chapter shall for the first offense receive a warning. Any subsequent offense shall be punished by a civil penalty of $100.
16 Del. C. § 1002B — Delaware Code / Title 16 / Chapter 10B / Section 1002B
§ Â
        1002B. Definitions.
Status: in_force

As used in this chapter:

(1) “Abuse” means as defined in § 3902 of Title 31.

(2) “Commission” means the Vulnerable Adult Populations Commission.

(3) “Exploitation” means as defined in § 3902 of Title 31.

(4) “Neglect” means as defined in § 3902 of Title 31.

(5) “Vulnerable adult” means as defined in § 1105 of Title 11.
16 Del. C. § 2717 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2717
§ Â
        2717. Uniformity of interpretation.
Status: in_force

This subchapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
16 Del. C. § 3312 — Delaware Code / Title 16 / Chapter 33 / Section 3312
§ Â
        3312. Penalties for violating ÂÂâ3302-3311.
Status: in_force

(a) Whoever violates §§ 3302-3311 of this title shall, for each offense, be fined not more than $500 or imprisoned not more than 1 year, or both. For each subsequent offense the violator shall be fined not more than $1,000 or imprisoned for 1 year, or both.

(b) When construing and enforcing this chapter, the act, omission or failure of any officer, agent or other person acting for or employed by any corporation, company, society or association, within the scope of that person’s own employment or office, shall in every case be also deemed to be the act, omission or failure of such corporation, company, society or association as well as that of the person.