16 Del. C. § 4785 — Delaware Code / Title 16 / Chapter 47 / Subchapter VI / Section 4785
§ Â
        4785. Burden of proof; liabilities; attorneysâ fees.
Status: in_force

(a) The State has the burden to prove all material facts in a forfeiture proceeding by a preponderance of the evidence.

(b) Where the property subject to a proceeding is claimed to be the property of a person who is not a criminal defendant, that person has the burden of production to show 1 of the following:

(1) The person held a legal right, title, or interest in the property seized at the time the illegal conduct that gave rise to the seizure of the property occurred.

(2) The person acquired as a bona fide purchaser for value a legal right, title, or interest in the property subject to forfeiture after the commission of the crime that gave rise to the seizure of the property.

(c) If a person meets the burden of production to show they are an innocent owner pursuant to subsection (b) of this section, the State must prove by a preponderance of the evidence that the owner had knowledge of or consented to the unlawful acts or omissions that gave rise to the forfeiture.

(d) Other than the liability set forth in § 4784(l) of this title, no liability is imposed by this chapter upon any authorized state, county or municipal officer engaged in the lawful performance of the officer’s duties.

(e) In any civil proceeding to forfeit property in which the claimant property owner substantially prevails, the State shall be liable for reasonable attorneys’ fees and other litigation costs reasonably incurred by the claimant.
16 Del. C. § 2505A — Delaware Code / Title 16 / Chapter 25A / Section 2505A
§ Â
        2505A. Powers and duties of Department of Health and Social Services.
Status: in_force

(a) The Secretary is authorized to promulgate regulations and develop protocols to fulfill the following responsibilities:

(1) Promulgation of a DMOST form and development of the process for completion, modification, and revocation of the DMOST form including training requirements.

(2) Promotion of awareness through outreach and education, including a website, to health-care practitioners, health-care providers, emergency-care providers, and the general public about the option to complete a DMOST form.

(3) Training of emergency-care providers about the use and application of a DMOST form.

(4) Development of additional requirements for the completion of a DMOST form that may be applicable in the case of a patient with mental illness or a developmental disability in consultation with organizations that represent individuals with mental illness or development disabilities, respectively.

(5) Ongoing evaluation of the design and use of DMOST forms.

(6) Collect data on the use of DMOST forms, including impact on different groups of stakeholders.

(b) In addition to the penalties under § 2517A of this title, the Department may impose civil monetary penalties under this chapter.

(c) The Department shall maintain a DMOST program to effectively implement this chapter. In addition to the responsibilities under subsection (a) of this section, the DMOST program must do all of the following:

(1) Work with the Delaware Health Information Network to maintain the electronic registry under § 2507A of this title.

(2) Staff and work with the DMOST Steering Committee to evaluate and improve the use of DMOST forms.

(3) Liaison with the National Physician Orders for Life-Sustaining Treatment Coalition regarding ongoing best practices and research.
16 Del. C. § 6651 — Delaware Code / Title 16 / Chapter 66A / Section 6651
§ Â
        6651. Definitions.
Status: in_force

(a) “Board” shall mean the Board of Pension Trustees established by § 8308 of Title 29.

(b) “Credited service” shall mean, for any member:

(1) Service as a volunteer after June 30, 1986, that has been certified by the employer; and

(2) Service as a volunteer prior to July 1, 1986, on the basis of 1 year of credited service for each 3 years of service as certified by the employer provided that the member has been actively participating in the organization for the 12 months preceding July 1, 1986.

(c) “Employer” shall mean the participating state volunteer fire departments, ladies auxiliaries thereof and service organizations providing volunteer ambulance services.

(d) “Fund” shall mean the Fund established by § 6661 of this title.

(e) “Member” shall mean an actively-participating volunteer of 1 of the state volunteer fire departments, auxiliaries thereof and service organizations providing volunteer ambulance services.
16 Del. C. § 1406 — Delaware Code / Title 16 / Chapter 14 / Section 1406
§ Â
        1406. Character of authorities with reference to public health and welfare; projects; general powers.
Status: in_force

(a) Each authority created hereunder shall be deemed to be an instrumentality exercising public and essential governmental functions to provide for the public health and welfare and shall be for the purpose of acquiring, holding, constructing, reconstructing, repairing, improving, maintaining and operating, owning or leasing, either in the capacity of lessor or lessee, a project or projects within or partly within and partly without 1 or more of the municipality or municipalities by action of whose governing body or governing bodies the authority was created.

(b) Every authority is granted and shall have and may exercise all powers necessary or convenient for the carrying out the aforesaid purposes including, but without limiting the generality of the foregoing, the following rights and powers:

(1) To have perpetual existence;

(2) To adopt bylaws for the regulation of its affairs and the conduct of its business;

(3) To adopt an official seal and alter the same at pleasure;

(4) To maintain an office at such place or places as it may designate;

(5) To appoint officers, agents, employees and servants, to prescribe their duties and to fix their compensation;

(6) To sue and be sued;

(7) To acquire, purchase, hold, lease as lessee and use any franchise, property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the authority and to sell, lease as lessor, transfer or dispose of any property or interest therein at any time acquired by it;

(8) To acquire by gift, purchase or the exercise of the right of eminent domain lands or rights in land or water rights in connection therewith; provided, however, that no property or any interest therein owned by any county, city, town or other political subdivision of the State shall be acquired by the exercise of the power of eminent domain without the consent of the governing body of such county, city, town or political subdivision;

(9) To issue revenue bonds of the authority, payable solely from revenues, for the purpose of paying all or a part of the cost of any 1 or more projects, and to secure the payment of such bonds or any part thereof by pledge or deed of trust of all or any part of its revenues, and to make such agreements with the purchasers or holders of such bonds or with others in connection with any such bonds, whether issued or to be issued, as the authority may deem advisable, and in general, to provide for the security for said bonds and the rights of the holders thereof;

(10) To combine any water system and any sewerage system as a single system for the purpose of operation and financing;

(11) To fix, alter, charge and collect rates, fees and charges for the use of or for the services furnished by its systems and each of them for the purpose of providing for the payment of the expenses of the authority, the construction, reconstruction, extension, repair, improvement, maintenance and operation of its facilities and properties, the payment of the principal of and interest on its bonds, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any of its bonds or with the municipality or municipalities incorporating or the municipalities which are members of said authority or with any municipality served or to be served by said authority; said rates, fees and charges to be at reasonable and uniform rates to be determined exclusively by the authority. Any person questioning the reasonableness or uniformity of any rate, fee or charge fixed by an authority may bring suit against the authority;

(12) To enter into contracts with the federal government, the State, or any agency or instrumentality thereof, or with any municipality, private corporation, copartnership, association or individual providing for or relating to the furnishing of services and facilities of any project of the authority or in connection with the services and facilities rendered by any water system or sewerage system owned or controlled by the federal government or the State, any agency or instrumentality thereof, and any municipality, private corporation, copartnership, association or individual;

(13) To contract with any municipality, county, corporation, individual or any public authority of this or any adjoining state, on such terms as the said authority shall deem proper, for the construction and operation of any project which is partly in this State and partly in such adjoining state;

(14) To make and enter into all contracts or agreements, as the authority may determine, which are necessary or incidental to the performance of its duties and to the execution of the powers granted by this chapter, including contracts with any federal agency or with any municipality, on such terms and conditions as the authority may approve, relating to (i) the use by such agency or by such municipality or the inhabitants thereof of any project acquired or constructed by the authority under this subsection or the services therefrom or the facilities thereof, or (ii) the use by the authority of the services or facilities of any water system or sewerage system owned or operated other than by the authority. Any such contract shall be subject to such provisions, limitations or conditions as may be contained in the resolution of the authority authorizing revenue bonds of the authority or the provisions of any trust agreement securing such bonds. Any such contract may provide for the collecting of fees, rates or charges for the services and facilities rendered to a municipality or to the inhabitants thereof by such municipality or by its agents or by the agents of the authority, and for the enforcement of delinquent charges for such services and facilities. The provisions of any such contract and of any ordinance or resolution of the governing body of a municipality enacted pursuant thereto shall be irrepealable so long as any of the revenue bonds issued under the authority of this chapter shall be outstanding and unpaid, and the provisions of any such contract and of any ordinance or resolution enacted pursuant thereto shall be and be deemed to be for the benefit of such bondholders. The aggregate of any fees, rates or charges which shall be required to be collected pursuant to any such contract or any ordinance or resolution enacted thereunder shall be sufficient to pay all obligations which may be assumed by the other contracting party;

(15) To enter upon, use, occupy and dig up any street, road, highway or private or public lands necessary to be entered upon, used or occupied in connection with the acquisition, construction or improvement, maintenance or operation of a project, subject, however, to such reasonable local police regulation as may be established by the governing body of any municipality having jurisdiction in the particular respect;

(16) To receive and accept from any federal agency grants for or in aid of the construction, acquisition or operation of any project, and to receive and accept 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 grants and contributions may be made;

(17) To charge a reasonable tapping fee whenever the owner of any property connects such property with a water or sewer system operated by the authority, which fee shall be in addition to any rental or use charges assessed by the authority;

(18) In the event of any annexation by a municipality not a member of the authority of lands, areas or territory served by the authority, to continue to do business, exercise its jurisdiction over its properties and facilities in and upon or over such lands, areas or territory as long as any bonds or indebtedness remain outstanding or unpaid, or any contracts or other obligations remain in force.
16 Del. C. § 2510C — Delaware Code / Title 16 / Chapter 25C / Section 2510C
§ Â
        2510C. Confirming decision-making capacity [For application of this section, see 85 Del. Laws, c. 19, Â 3].
Status: in_force

(a) If an attending physician, attending APRN, consulting physician, or consulting APRN believes that an individual may not have decision-making capacity, the physician or APRN shall refer the individual to a psychiatrist or psychologist for evaluation of the individual’s decision-making capacity.

(b) A psychiatrist or psychologist who evaluates an individual under this section shall communicate in writing, to the physician or APRN who requested the evaluation, the psychiatrist’s or psychologist’s conclusions about whether the individual has decision-making capacity to make an informed decision under this chapter.

(c) If the psychiatrist or psychologist finds that the individual does not have decision-making capacity, the individual is not a qualified patient under this chapter and the attending physician or attending APRN must not prescribe medication to end life in a humane and dignified manner to the individual.
16 Del. C. § 9501 — Delaware Code / Title 16 / Chapter 95 / Section 9501
§ Â
        9501. Public policy; White Cane Day.
Status: in_force

(a) It is the policy of this State to encourage and enable persons who are blind, visually impaired or have physical disabilities to participate fully in the social and economic life of this State and to engage in remunerative employment.

(b) It is the policy of this State that persons who are blind, visually impaired or have physical disabilities shall be employed by all employers including this State, political subdivisions of this State, the public schools and in all other employment supported in whole or in part by public funds on the same terms and conditions as are persons without such disabilities unless it is shown that the particular disability prevents the performance of the work involved.

(c) Each year the Governor by proclamation or the General Assembly by resolution may take public notice of October 15 as White Cane Safety Day so that the public may continue to be aware of the significance of the white cane and be able to recognize the presence of persons with disabilities on the streets and sidewalks of the State.
16 Del. C. § 7108 — Delaware Code / Title 16 / Chapter 71 / Section 7108
§ Â
        7108. Authority to purchase in contiguous states.
Status: in_force

Any person who is a resident of the State and who uses explosive materials in the conduct of business or occupation may lawfully purchase explosive materials from a seller located or residing in a state contiguous to the State, provided such person is properly licensed under this chapter.
16 Del. C. § 4916A — Delaware Code / Title 16 / Chapter 49A / Section 4916A
§ Â
        4916A. Compassion center and safety compliance facilities renewal.
Status: in_force

Registration certificates may be renewed every 2 years. The registered compassion center or registered safety compliance facility may submit a renewal application beginning 90 days prior to the expiration of its registration certificate. The Commissioner shall grant a renewal application within 30 days of its submission if the following conditions are all satisfied:

(1) The registered compassion center or registered safety compliance facility submits a renewal application and the required renewal fee, which shall be refunded within 30 days if the renewal application is rejected;

(2) The Commissioner has not suspended the registered compassion center or registered safety compliance facility’s registration certificate for violations of this chapter or regulations adopted pursuant to this chapter; and

(3) The inspections authorized by § 4919A(u) of this title and the annual report, provided pursuant to § 4922A of this title, do not raise serious concerns about the continued operation of the registered compassion center or registered safety compliance facility applying for renewal.

(4) The applicant still complies with the qualifications required in §§ 4914A and 4915A of this title.
16 Del. C. § 10114 — Delaware Code / Title 16 / Chapter 101 / Subchapter II / Section 10114
§ Â
        10114. Only permissible E911 surcharge on prepaid wireless service.
Status: in_force

The prepaid wireless E911 surcharge imposed by this subchapter shall be the only E911 funding obligation imposed with respect to prepaid wireless telecommunications service in this State, and no tax, fee, surcharge, or other charge shall be imposed by this State, any political subdivision of this State, or any intergovernmental agency, for E911 funding purposes, upon any prepaid wireless provider, seller, or consumer with respect to the sale, purchase, use, or provision of prepaid wireless telecommunications service.
16 Del. C. § 8003 — Delaware Code / Title 16 / Chapter 80 / Section 8003
§ Â
        8003. Scope [Expires upon fulfillment of the contingency in 84 Del. Laws, c. 145, Â 2].
Status: in_force

(a) (1) This chapter applies to the construction of a single-family residential dwelling for which a building permit is issued on or after January 1, 2024.

(2) This chapter applies to the construction of a multi-family residential dwelling for which an application for final site plan approval is submitted on or after January 1, 2025.

(b) (1) This chapter does not apply to the construction of a single-family residential dwelling for which a building permit is issued before January 1, 2024.

(2) This chapter does not apply to the construction of a multi-family residential dwelling for which a final site plan approval is issued before January 1, 2025.
16 Del. C. § 2902 — Delaware Code / Title 16 / Chapter 29 / Section 2902
§ Â
        2902. Definitions.
Status: in_force

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

(1) “Auditorium” means the part of a public building where an audience sits and any corridors, hallways or lobbies adjacent thereto.

(2) “Bar” means any indoor area open to the public operated primarily for the sale and service of alcoholic beverages for on-premises consumption and where the service of food is secondary to the consumption of such beverages. An establishment which has been licensed by the Delaware Alcoholic Beverage Control Commission as a “taproom or tavern” as that term is defined in Title 4 shall be considered a “bar” for purposes of the application of the provisions of this chapter.

(3) “Electronic smoking device” means any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.

(4) “Employer” means any person, partnership, association, corporation or nonprofit entity that employs 1 or more persons, including the legislative, executive and judicial branches of state government; any county, city, town, village or any other political subdivision of the State, public improvement or special district, public authority, commission, agency or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government.

(5) “Environmental tobacco smoke” (ETS) or “secondhand smoke” is the complex mixture formed from the escaping smoke of a burning tobacco product (termed as “sidestream smoke”) and smoke exhaled by the smoker. Exposure to ETS is also frequently referred to as “passive smoking” or “involuntary smoking.”

(6) “Food service establishment” means any indoor area open to the public or portion thereof in which the principal business is the sale of food for on-premises consumption including, but not limited to, restaurants, cafeterias, coffee shops, diners, sandwich shops or short order cafes. A food service establishment shall not include the bar area of such establishment. An establishment which has been licensed by the Delaware Alcoholic Beverage Control Commission as a “restaurant” as that term is defined in Title 4 shall be considered a “food service establishment” for purposes of the application of the provisions of this chapter.

(7) “Indoor area open to the public” means any indoor area or portion thereof generally accessible to the public.

(8) “Place of employment” means any indoor area or portion thereof under the control of an employer in which employees of the employer perform services but that is not generally accessible to the public.

(9) “Public building” means any building owned or operated by the State, including the legislative, executive and judicial branches of state government; any county, city, town, village or any other political subdivision of the State, public improvement or special district, public authority, commission, agency or public benefit corporation; or any other separate corporate instrumentality or unit of state or local government.

(10) “Public meeting” means all meetings open to the public pursuant to the laws of Delaware and its political subdivisions.

(11) “Smoke-free work area” means an indoor area in a place of employment where no smoking occurs.

(12) “Smoking” means:

a. The burning of a lighted cigarette, cigar, pipe or any other matter or substance that contains tobacco; or

b. The use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form.

(13) “Tobacco business” means a sole proprietorship, corporation, partnership or other enterprise engaged primarily in the sale, manufacture or promotion of tobacco, tobacco products and accessories either at wholesale or retail, and in which the sale, manufacture or promotion of other products is merely incidental.

(14) “Vapor establishment” means a business that:

a. Generates at least 80% of its revenue from the sale of electronic smoking devices and substances for use within electronic smoking devices; and

b. Does not share indoor common space with other businesses unless there are doors from the vapor establishment to the indoor common space that remain closed other than for ingress and egress.

(15) “Vehicle” means motor vehicles, trailers, recreational vehicles, recreational trailers, and any other device, in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by animal power, human power, electric bicycles, off-highway vehicles, special mobile equipment and farm equipment.

(16) “Work area” means an area in a place of employment where 1 or more employees are routinely assigned and perform services for their employer.
16 Del. C. § 1152 — Delaware Code / Title 16 / Chapter 11 / Subchapter VI / Section 1152
§ Â
        1152. Purpose and duties.
Status: in_force

The purpose of the Ombudsperson is to provide a program to advocate for and promote the adequacy of care received and the quality of life experienced by residents of long-term care facilities in Delaware. The Ombudsperson shall have the power to:

(1) Investigate and seek to resolve complaints and concerns made by or on behalf of residents of long-term care facilities in the State relating to the actions or inactions of any long-term care facility or agencies which may adversely affect the health, safety, welfare or rights of such residents;

(2) Promote the well-being and quality of life of residents of long-term care facilities;

(3) Enter into written agreements of understanding, cooperation and collaboration with other government agencies that provide funding, oversight, inspection or operation of long-term care facilities;

(4) Establish and carry out program policies and procedures for eliciting, receiving, investigating, verifying, referring and resolving residents’ complaints;

(5) Receive and investigate complaints of abuse, mistreatment or neglect in accordance with subchapter III of this chapter;

(6) Promulgate rules and regulations and adopt policies to implement this subchapter; and

(7) Perform other duties as mandated by the Older Americans Act, as amended (42 U.S.C. § 3001 et seq.).
16 Del. C. § 1412 — Delaware Code / Title 16 / Chapter 14 / Section 1412
§ Â
        1412. Trust agreements to secure bonds; pledges and assignments; contents of authorizing resolutions; depositaries for bond sales proceeds.
Status: in_force

(a) In the discretion of the authority, any revenue bonds issued under this chapter may be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company.

(b) (1) The resolution authorizing the issuance of the bonds or the trust agreement may pledge or assign the revenues to be received from the operation of the project or projects on account of which the bonds are issued and, in the case of bonds issued to finance a sewerage system, may pledge or assign as security for such bonds the revenues to be received from its water system to the extent authorized by § 1411 of this title, but shall not convey or mortgage any project or any part thereof, and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisitions, construction, improvement, maintenance, operation, repair and insurance of the project or projects on account of which such bonds are issued, and provisions for the custody, safeguarding and application of all moneys and for the employment of consulting engineers in connection with such construction, reconstruction or operation.

(2) Such resolution or trust agreement may set forth the rights and remedies of the bondholders and of the trustees in the case of a trust agreement and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds or debentures of corporations.

(3) In addition to the foregoing, such resolution or trust agreement may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders.

(c) Except as is in this chapter otherwise provided, the authority may provide for the payment of the proceeds of the sale of the bonds and its revenues to such officer, board or depositary as it may designate for the custody thereof and for the method of disbursement thereof, with such safeguards and restrictions as it may determine.

(d) All expenses incurred in carrying out such resolution or trust agreement may be treated as a part of the cost of operation of the project or projects.
16 Del. C. § 1401 — Delaware Code / Title 16 / Chapter 14 / Section 1401
§ Â
        1401. Definitions.
Status: in_force

As used in this chapter:

(1) “Authority” means a body politic and corporate created pursuant to this chapter or, if such body politic and corporate shall be abolished, the board, body or commission succeeding to the principal functions thereof or to which the powers given by this chapter to such body politic and corporate shall be given by law.

(2) “Board” means the governing body of an authority.

(3) “Bonds” means and includes notes, bonds and other evidences of indebtedness or obligations which each authority is authorized to issue pursuant to § 1408 of this title.

(4) “Cost” as applied to a water system or a sewerage system includes the purchase price of any such system or the cost of acquiring all of the capital stock of the corporation owning such system and the amount to be paid to discharge all of its obligations in order to vest title to the system or any part thereof in the authority, the cost of improvements, the cost of all lands, properties, rights, easements, franchises and permits acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for 1 year after completion of construction, cost of engineering and legal services, plans, specifications, surveys, estimates of cost and of revenues, other expenses necessary or incident to the determining of the feasibility or practicability of any such acquisition, improvement or construction, administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized, to the acquisition, improvement, construction of a water system or a sewerage system and the placing of the same in operation by the authority prior to the issuance of revenue bonds under this chapter for engineering studies and for estimates of cost and of revenues and for other technical or professional services which may be utilized in the acquisition, improvement or construction of such system, may be regarded as a part of the cost of such system.

(5) “Federal agency” means and includes the United States of America, any department or bureau thereof, and any agency or instrumentality of the United States of America heretofore established or which may be established or created hereafter.

(6) “Governing body” as applied to any municipality means the body or board authorized by law to enact ordinances or adopt resolutions for the particular municipality.

(7) “Improvements” means such construction, erection, repairs, replacements, additions, extensions and betterments of and to a water system or a sewerage system as are deemed necessary by the authority to place or to maintain such system in proper condition for the safe, efficient and economic operation thereof or to meet requirements for service in areas which may be served by the authority and in which no existing service is being rendered.

(8) “Municipality” means any county, city, town, village, sanitary district or other political subdivision of this State.

(9) “Project” means any water system, sewer system and any combination or part or parts thereof owned, constructed or operated by an authority under this chapter.

(10) “Sewage” means the water carried wastes created in and carried or to be carried away from residences, hotels, schools, hospitals, industrial establishments, commercial establishments or any other private or public building together with such household and industrial wastes as may be present.

(11) “Sewerage system” means and includes all plants, systems, facilities or properties used or useful or having the present capacity for future use in connection with the collection, carrying away, treating, neutralizing, stabilizing or disposal of sewage, industrial wastes or other wastes, and any integral part thereof, including sewage treatment plants, disposal fields, lagoons, pumping stations, drainage ditches, surface water intercepting ditches, outfall sewers, trunk sewers, intercepting sewers, lateral sewers, force mains, pipes, pipelines, conduits, equipment, appurtenances and all properties, rights, easements and franchises relating thereto and deemed necessary or convenient by the authority for the operation thereof.

(12) “Water system” means and includes all plants, systems, facilities or properties used or useful or having the present capacity for future use in connection with the supply or distribution of water, and any integral part thereof, including water supply systems, water distribution systems, reservoirs, dams, wells, intakes, mains, laterals, pumping stations, standpipes, filtration plants, purification plants, hydrants, meters, valves and equipment, appurtenances and all properties, rights, easements and franchises relating thereto and deemed necessary or convenient by the authority for the operation thereof.
16 Del. C. § 9801 — Delaware Code / Title 16 / Chapter 98 / Section 9801
§ Â
        9801. Purpose [For application of this section, see 84 Del. Laws, c. 419, Â 6].
Status: in_force

(a) It is the purpose of this chapter to establish a statewide paramedic program under the direction of the Office of Emergency Medical Services, Division of Public Health, Department of Health and Social Services.

(b) The paramedic program includes a coordinated advanced life support system, under qualified medical supervision, which has the responsibility for providing a rapid response capability in the delivery of emergency medical services to individuals who become unexpectedly ill or incapacitated or who are otherwise placed in a position where highly skilled medical assistance must be rendered to sustain or maintain such individual prior to institutional health care.

(c) The paramedic services program shall be utilized for medical emergencies, either at the scene or while the patient is in transit to a health facility.

(d) It is the further purpose of this chapter to provide a program which shall have a direct impact on the morbidity and mortality rates of this State and which, over a period of time, will also reduce health-care costs to each emergency patient.

(e) It is the further purpose of this chapter to establish a framework for the creation of an effective and efficient means for the provision of advanced life support services to the citizens of this State regardless of their economic status, who require such services without prior inquiry as to the patient’s ability to pay.

(f) This chapter is intended to promote the public health, safety, and welfare of the citizens of this State by providing for the creation of a statewide advanced life support services system, in conjunction with the efforts of all providers of emergency medical services in this State, with uniform standards for all such providers of advanced life support services.

(g) It is the further purpose of this chapter to ensure that emergency patients requiring advanced life support services are transported from the scene of a medical emergency to the nearest emergency medical institution or the institution of their choice, within reason, that possesses the equipment and staff resources to immediately attend to the particular needs of the patient. This statement is tempered by the understanding that, in certain circumstances, it may be necessary to bypass the closest medical facility if specialized medical care is required. It shall also be understood that the use of paramedics to assist in the transfer of patients to facilities and programs which offer such follow-up care and rehabilitation as is necessary to effect the maximum recovery of the patient, shall be permitted when deemed medically necessary.

(h) It is the further purpose of this chapter to ensure that patients who are being seen under a written agreement and enrollment into a mobile-integrated healthcare or community paramedicine program are not considered emergencies, but rather follow-up to a previous medical condition that required emergency transport to a hospital.
16 Del. C. § 3002C — Delaware Code / Title 16 / Chapter 30C / Section 3002C
§ Â
        3002C. Definitions.
Status: in_force

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

(1) “Automated external defibrillator,” (AED) shall mean a medical device which is both a heart monitor and defibrillator that has received approval of its premarket notification, filed with the Food and Drug Administration pursuant to United States Code, Title 21, § 360(k).

(2) “Records” shall mean the recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data and other documentation generated by the State EMS Medical Director.
16 Del. C. § 931 — Delaware Code / Title 16 / Chapter 9 / Subchapter III / Section 931
§ Â
        931. The Child Protection Accountability Commission.
Status: in_force

(a) The Delaware Child Protection Accountability Commission is hereby established. The Commission shall consist of 24 members with the at-large members and the Chair appointed by the Governor. Members of the Commission serving by virtue of position may appoint a designee to serve in their stead. The Commission shall be comprised of the following:

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

(2) The Director of the Division of Family Services.

(3) Two representatives from the Attorney’s General Office, appointed by the Attorney General.

(4) Two members of the Family Court, appointed by the Chief Judge of the Family Court.

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

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

(7) The Secretary of the Department of Education.

(8) The Director of the Division of Prevention and Behavioral Health Services.

(9) The Chair of the Domestic Violence Coordinating Council.

(10) The Superintendent of the Delaware State Police.

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

(12) The Investigation Coordinator, as defined in § 902 of this title.

(13) One youth or young adult who has experienced foster care in Delaware, appointed by the Secretary of the Department.

(14) One representative from the Office of Defense Services, appointed by the Chief Defender.

(15) Eight at-large members appointed by the Governor with 1 person from the medical community, 1 person from the Interagency Committee on Adoption who works with youth engaged in the foster care system, 1 person from a law-enforcement agency other than the State Police, and 5 persons from the child protection community. The law-enforcement representative may designate a proxy as needed.

(b) The Commission is designated as a “citizen review panel” as required under the federal Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5106a(c) and the “state task force” as required under the federal Children’s Justice Act, 42 U.S.C. § 5106c(c). The Commission may delegate tasks to its committees, workgroups, and panels as necessary to accomplish its duties. The Commission’s purpose is to monitor Delaware’s child protection system to best ensure the health, safety, and well-being of Delaware’s abused, neglected, and dependent children. To that end, the Commission shall meet on a quarterly basis and shall:

(1) Examine and evaluate the policies, procedures, and effectiveness of the child protection system and make recommendations for changes therein, focusing specifically on the respective roles in the child protection system of the Division of Family Services, the Division of Prevention and Behavioral Health Services, the Office of the Attorney General, the Family Court, the medical community, and law-enforcement agencies.

(2) Recommend changes in the policies and procedures for investigating and overseeing the welfare of abused, neglected, and dependent children.

(3) Advocate for legislation and make legislative recommendations to the Governor and General Assembly.

(4) Access, develop, and provide quality training to the Division of Family Services, Deputy Attorneys General, Family Court, law-enforcement officers, the medical community, educators, day-care providers, and others on child protection issues, including the reporting obligations under § 903 of this title.

(5) Review and make recommendations concerning the well-being of Delaware’s abused, neglected, and dependent children including issues relating to foster care, adoption, mental health services, victim services, education, rehabilitation, substance abuse, and independent living.

(6) Provide the following reports to the Governor:

a. An annual summary of the Commission’s work and recommendations, including work of the Office of the Child Advocate, with copies thereof sent to the General Assembly.

b. A quarterly written report of the Commission’s activities and findings, in the form of minutes, made available also to the General Assembly and the public.

(7) Investigate and review deaths or near deaths of abused or neglected children, or suspected human trafficking of a child, for the purposes provided in § 932 or § 932A of this title.

(8) Coordinate with the Maternal and Child Death Review Commission to provide statistics and other necessary information to the Maternal and Child Death Review Commission related to the Commission’s investigation and review of deaths of abused or neglected children.

(9) Meet biennially with the Maternal and Child Death Review Commission to jointly discuss any findings or recommendations released to the public from reviews conducted under § 932 of this title and § 323 of Title 31. This meeting shall be open to the public.

(10) Administer the Ivyane D.F. Davis Scholarship Fund as required by § 3463 of Title 14 and the federal Chafee Educational and Training Vouchers as requested by the Department of Services for Children, Youth and Their Families.

(11) Provide quarterly updates and annual reports to the Delaware Anti-Trafficking Action Council on the Commission’s efforts regarding suspected human trafficking of a child.

(c) The Child Advocate shall serve as the Executive Director of the Commission, and the Office of the Child Advocate shall provide staff support to the Commission. The Office of the Child Advocate shall assist the Commission in investigating and reviewing the deaths or near deaths of abused or neglected children under § 932 of this title or suspected human trafficking of children under § 932A of this title, and in administering scholarship funds, in addition to performing any other duties assigned by the Commission. The Child Advocate shall hire employees or contract for services as necessary to assist the Commission in performing its duties under this subchapter, within the limitations of funds appropriated by the General Assembly or obtained from other sources.
16 Del. C. § 7917 — Delaware Code / Title 16 / Chapter 79 / Section 7917
§ Â
        7917. House drainage system.
Status: in_force

The entire house drainage system shall be so designed, constructed and maintained as to conduct the waste water or sewage quickly from the fixture to the place of disposal with velocities which will guard against fouling and the deposit of solids and will prevent clogging.
16 Del. C. § 4802B — Delaware Code / Title 16 / Chapter 48B / Section 4802B
§ Â
        4802B. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Generic substitution” means a drug that is the same active ingredient, equivalent in strength to the strength written on the prescription, and is classified as being therapeutically equivalent to another drug in the latest edition or supplement of the Federal Food and Drug Administration Approved Drug Products with Therapeutic Equivalence Evaluations, sometimes referred to as the “Orange Book.”

(2) a. “Government entity” means all of the following:

1. A governmental subdivision within this State, including a county, municipality, district, town, or village.

2. A subdivision, special district, department, agency, division, board, commission, officer, or instrumentality of an entity under paragraph (2)a.1. of this section.

3. A sheriff, school district or public school.

b. “Government entity” does not mean the Department of Justice or a statewide department, agency, division, board, or commission.

(3) “Impact fee” means a payment of money imposed upon an opioid manufacturer, as a result of the provisions of this chapter, to pay for a share of the cost of preventing and treating opioid addiction.

(4) “Manufacturer of prescription opioids” or “opioid manufacturer” means a person who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling of a prescription opioid drug, but does not include a person who is engaged in the preparation and dispensing of a drug pursuant to a prescription.

(5) “Morphine milligram equivalent” or “MME” means the conversion factor used to calculate the strength of an opioid using morphine dosage as the comparative unit of measure.

(6) “Prescription Monitoring Program” or “PMP” means the program established under § 4798 of this title.

(7) “Prescription opioid” means a drug that is a controlled substance under Chapter 47 of this title and is either an opiate, derived from the opium poppy, or an opiate-like synthetic drug. “Prescription opioid” does not include buprenorphine.

(8) “Released claims” means released claims as that term is defined in the statewide opioid settlement agreements, or, if not therein defined, the claims sought to be released in such statewide opioid settlement agreement.

(9) “School district” means any of the following:

a. A school district as defined in § 1002 of Title 14.

b. A county vocational-technical high school district or county vocational-technical center district under Chapter 26 of Title 14.

(10) “Statewide opioid settlement agreement” means an agreement, including consent judgments, consent decrees filed or unfiled, and related agreements or documents, between this State, represented by the Department of Justice, and certain opioid manufacturers, distributors, dispensers, consultants, chain pharmacies, related entities, related individuals, any entities controlled by such individuals, or the subdivisions of this State, to provide or allocate remuneration for conduct related to the manufacture, promotion, dispensing, sale, or distribution of opioid products.
16 Del. C. § 5196 — Delaware Code / Title 16 / Chapter 51 / Subchapter VIII-A / Section 5196
§ Â
        5196. Prescription Opioid Settlement Distribution Commission.
Status: in_force

(a) As used in this subchapter:

(1) “Commission” means the Prescription Opioid Settlement Distribution Commission.

(2) “Impact Fund” means the Prescription Opioid Impact Fund under § 4803B of this title.

(3) “Settlement Fund” means the Prescription Opioid Settlement Fund under § 4808B of this title.

(4) “Statewide opioid settlement agreement” means as defined in § 4802B of this title.

(b) Legislative findings. —

(1) Delaware is a high harm state with significant numbers of overdose deaths reported each year.

(2) The powerful, addictive qualities of opioids cause people who are suffering from substance use disorder to face a long road to recovery. The challenges of recovering from an addiction to opioids also has a tremendous impact on families, friends, and other loved ones, and first responders and the health-care system must expend significant resources to address the opioid crisis.

(c) The Commission is established to distribute the money in the Settlement Fund and the Impact Fund and to establish a coordinated and consensus driven effort to repair the harm done to communities in this State by the opioid crisis.

(1) The Commission shall distribute money from the Settlement Fund and the Impact Fund to ensure that the use of settlement proceeds and impact fees is coordinated to abate the opioid crisis in Delaware and not diverted to other purposes.

(2) It is the intent of the General Assembly that moneys from statewide opioid settlement agreements and the prescription opioid impact fee are used to maximize harm reduction from the opioid crisis and to provide Delawareans with a coordinated opportunity to provide input on the best ways to spend these moneys in order to abate the opioid crisis.

(3) The Commission must ensure that decisions on how to spend opioid-related funds are based on the consensus of stakeholders through a process that considers the views and experiences of affected communities.

(4) The terms of statewide opioid settlement agreements, bankruptcy plans, or other agreements for the payment of moneys by defendants in opioid-related litigation may provide a framework for how the moneys may be used to remediate the harm caused by the opioid crisis. The Commission must comply with all applicable terms when disbursing moneys derived from such settlements.

(5) In order to increase the amount of settlement dollars allocated to Delaware, it is the intent of the General Assembly that all state and local governments participate in a coordinated process for all settlement moneys to flow into the Settlement Fund and the Impact Fund.

(d) (1) The Commission shall produce an annual report, published on the Commission’s website, that contains all of the following:

a. The amounts and sources of moneys received by the Settlement Fund.

b. The aggregate amount of moneys received by the Impact Fund.

c. By fund, the amounts and sources of any other moneys received.

d. By fund, the contracts or grants awarded by the Commission, including the identity of each recipient, the amount of the award, the subject matter or program involved, and the primary terms and conditions of the award or contract.

e. By fund, the amounts disbursed in respect to approved contracts, grants, and other authorized expenditures and administrative expenses, including amounts disbursed to qualifying local governments for local government block grants.

(2) The Commission shall provide a copy of the annual report to the Behavioral Health Consortium, to the Director and the Librarian of the Division of Legislative Services, and to the Delaware Public Archives.
16 Del. C. § 3007B — Delaware Code / Title 16 / Chapter 30B / Section 3007B
§ Â
        3007B. Pharmacist duty.
Status: in_force

A pharmacist may not dispense or provide a covered prescription drug to an eligible person under this chapter until the eligible person makes the required copayment.
16 Del. C. § 3041F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3041F
§ Â
        3041F. Definitions.
Status: repealed

As used in this subchapter:

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

(2) [Repealed].

(3) “Animal welfare officer” means an individual employed by the Department or employed by an independent contractor of the Department or by a municipality for the purpose of enforcing dog control laws, rules, regulations, and ordinances.

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

(5) “Dog” means any dog or dog hybrid.

(6) “Domestic animal” means any dog, cat, poultry, or livestock.

(7) “Owner” means any person who owns, keeps, harbors, or is the custodian of a dog.

(8) “Primary enclosure” means any structure used or designed for use to restrict a dog to a limited amount of space, including a room, pen, cage, compartment, or hutch.

(9) “Retail dog outlet” means any premises where dogs are sold, or offered or maintained for sale, on a retail basis. “Retail dog outlet” does not mean any of the following:

a. Dogs which are produced and raised on such premises and are sold, or offered or maintained for sale, by a person who resides on such premises.

b. The selling of a single litter of puppies or any part thereof during a calendar year.

c. Any publicly operated or private, charitable, or nonprofit animal shelter, pound, humane society, or animal rescue organization.
16 Del. C. § 3004A — Delaware Code / Title 16 / Chapter 30A / Subchapter I / Section 3004A
§ Â
        3004A. Mandatory orientation period.
Status: in_force

(a) A nursing assistant who has completed the hours of training required for certification as certified nursing assistant in a training program sponsored by the facility where the nursing assistant will be employed immediately thereafter shall be required to complete an additional facility-specific orientation period in a skilled nursing facility or assisted living facility. Nursing assistants shall have direct physical contact with residents only while under the visual observation of a certified nursing assistant or licensed nurse employed by the facility. Nursing assistants must receive certification within 90 calendar days of completion of the training program. Nursing assistants who do not receive certification within 90 calendar days may not work as a nursing assistant. The requirements for nursing assistant orientation shall be specified in a written order signed by the Secretary.

(b) All certified nursing assistants hired to work in a skilled care, intermediate care, or assisted living facility shall undergo an orientation period, which must include clinical hours. Any certified nursing assistant undergoing orientation and completing clinical tasks may be considered a facility employee for purposes of satisfying the minimum facility staffing requirements set by this subchapter and the Department. The requirements for certified nursing assistant orientation shall be specified in a written order signed by the Secretary.

(c) All certified nursing assistants employed by temporary agencies and placed in a facility in which they have not worked within the previous 6 months shall undergo a minimum of 2 hours of orientation prior to beginning their first shift at that facility, the guidelines for which shall be promulgated by the Department. Any certified nursing assistant employed by a temporary agency and undergoing orientation shall not be considered a facility employee for purposes of satisfying the minimum facility staffing requirements set by the Department.
16 Del. C. § 1033 — Delaware Code / Title 16 / Chapter 10 / Subchapter II / Section 1033
§ Â
        1033. Disposition of revenues remitted; hold harmless prohibited [For application of this section, see 84 Del. Laws, c. 476, Â 4].
Status: in_force

(a) Revenues remitted to the State in payment of the assessment imposed under § 1032 of this title must, not later than the last day of the month in which the assessment is collected, be transferred by the Department to the Hospital Quality and Health Equity Fund.

(b) (1) A hospital subject to the assessment imposed under § 1032 of this title may not be guaranteed any repayment or otherwise held harmless of the hospital’s assessment imposed under § 1032 of this title in derogation of 42 C.F.R. § 433.68(f) (related to permissible health care-related taxes).

(2) An expenditure of funds from the Hospital Quality and Health Equity Fund may not be authorized if the expenditure creates an indirect guarantee to hold harmless under 42 C.F.R. § 433.68(f)(3)(i).
16 Del. C. § 1413 — Delaware Code / Title 16 / Chapter 14 / Section 1413
§ Â
        1413. Connection with sewerage system by abutting property owners; conditions.
Status: in_force

Upon the acquisition or construction of any sewerage system under this chapter, the owner of each lot or parcel of land which abuts upon a street or other public way containing a sanitary sewer which is a part of or which is served or may be served by such sewerage system and upon which lot or parcel of land a building shall have been constructed for residential, commercial or industrial use, shall, if so required by the rules and regulations or a resolution of the authority, connect such building with such sanitary sewer and shall cease to use any other method for the disposal of sewage, sewage waste or other polluting matter; provided, however, that the owner of such lot or parcel of land having a method for the disposal of sewage, sewage waste or other polluting matter constructed and operated in accordance with standards prescribed or approved by the Secretary of the Department of Natural Resources and Environmental Control shall not be required to make such connection. All such connections shall be made in accordance with rules and regulations which shall be adopted from time to time by the authority, which rules and regulations may provide for a charge for making any such connection in such reasonable amount as the authority may fix and establish.
16 Del. C. § 1195 — Delaware Code / Title 16 / Chapter 11 / Subchapter X / Section 1195
§ Â
        1195. Dementia care services training for staff employed by a temporary staffing agency [For application of this section, see 84 Del. Laws, c. 327, Â 2].
Status: in_force

(a) If an individual employed by a temporary staffing agency is contracted by an assisted living facility to provide either direct or nondirect care to residents receiving dementia care services in a secured memory care unit, the assisted living facility must, prior to the individual providing either direct or nondirect care to residents receiving dementia care services in a secured memory care unit, obtain proof from the temporary staffing agency that the individual has completed the training required in this section.

(b) Prior to providing direct care to residents receiving dementia care services in a secured memory care unit, an individual employed by a temporary staffing agency and providing direct care to residents receiving dementia care services in a secured memory care unit must complete a minimum 4 hours of dementia care services training. Training must be provided by the temporary staffing agency, be approved by the Department, and include all of the following topics:

(1) Communicating and interacting with individuals with Alzheimer’s disease or other dementias.

(2) The psychological, social, and physical needs of individuals with Alzheimer’s disease or other dementias.

(3) The benefits of nonpharmacological approaches to treatment.

(4) Safety measures necessary for individuals with Alzheimer’s disease or other dementias, including preventing and responding to a resident’s unauthorized exit from either the secured memory care unit or the facility.

(c) Prior to providing nondirect care to residents receiving dementia care services in a secured memory care unit, an individual employed by a temporary staffing agency and providing nondirect care to residents receiving dementia care services in a secured memory care unit must complete a minimum of 2 hours of dementia care services training. Training must be provided by the temporary staffing agency, be approved by the Department, and include all of the following topics:

(1) Communicating and interacting with individuals with Alzheimer’s disease or other dementias.

(2) Safety measures necessary for individuals with Alzheimer’s disease or other dementias, including preventing and responding to a resident’s unauthorized exit from either the secured memory care unit or the facility.

(d) In addition to initial dementia care services training, an individual employed by a temporary staffing agency that provides direct care for residents receiving dementia care services in a secured memory care unit must complete a minimum of 4 hours of annual dementia care services training. Training must be provided by the temporary staffing agency, be approved by the Department, and include all of the following topics:

(1) Communicating and interacting with individuals with Alzheimer’s disease or other dementias.

(2) The psychological, social, and physical needs of individuals with Alzheimer’s disease or other dementias.

(3) The benefits of nonpharmacological approaches to treatment.

(4) Safety measures necessary for individuals with Alzheimer’s disease or other dementias, including preventing and responding to a resident’s unauthorized exit from either the secured memory care unit or the facility.

(e) In addition to initial dementia care services training, an individual employed a temporary staffing agency that provides nondirect care for residents receiving dementia care services in a secured memory care unit must complete a minimum of 2 hours of annual dementia care services training. Training must be provided by the temporary staffing agency, be approved by the Department, and include all of the following topics:

(1) Communicating and interacting with individuals with Alzheimer’s disease or other dementias.

(2) Safety measures necessary for individuals with Alzheimer’s disease or other dementias, including preventing and responding to a resident’s unauthorized exit from either the secured memory care unit or the facility.

(f) The Department, in its sole discretion, may allow other required dementia care services training to satisfy the training requirements in this section.

(g) Upon an individual’s completion of a training defined in this section, a temporary staffing agency must provide the individual proof of completion of the training within 10 business days of the individual’s completion of the training.

(h) A temporary staffing agency must maintain a record of each individual’s completion of training required by this section for a minimum of 3 years after the individual has completed the training.
16 Del. C. § 9808 — Delaware Code / Title 16 / Chapter 98 / Section 9808
§ Â
        9808. Role of county governments.
Status: in_force

(a) Each county shall participate in the operation and funding of the statewide paramedic services program, and shall provide the Office with all necessary information requested by the Secretary of the Department of Health and Social Services in the time frames and in the format prescribed.

(b) Any paramedic employed by a county or its subcontractor must be certified by the Administrator and the State Paramedic Medical Director in accordance with the standards of the Board. Direct initial training costs shall be paid partially at state expense, based on the results of an annual needs assessment conducted by the Office.

(c) The counties shall be bound by the rules, regulations, requirements and procedures established pursuant to this chapter.

(d) The authority to select, discipline and terminate a paramedic or any administrative staff authorized as a shared expense shall reside with the county or its subcontractor, except that suspension or revocation of a paramedic certification for reasons covered by § 9811 of this title shall be conducted in accordance with this chapter.

(e) A county may choose to operate its own paramedic service using regular county employees entirely, or it may contract portions of its service to other governmental entities.

(f) If a county elects in the design of its paramedic service to exceed the training standards, minimum number of paramedic staff hours, or otherwise exceed the requirements established in accordance with this chapter, the county shall be 100% liable for any additional cost. At a minimum, a county shall deploy the number of paramedics and paramedic units determined to be necessary to meet the operational requirements of this chapter.
16 Del. C. § 1102 — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1102
§ Â
        1102. Definitions.
Status: in_force

As used in this chapter:

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

(2) “Controlling person” means:

a. A person who has the ability, acting alone or in concert with others, to directly or indirectly influence, direct, or cause the direction of the management, expenditure of money, or policies of a facility or other person.

b. For purposes of this chapter, “controlling person” includes the following:

1. A management company, landlord, or other business entity that operates or contracts with others for the operation of a facility.

2. Any person who is the controlling person of a management company or other business entity that operates a facility or who contracts with another person for the operation of a facility.

3. Any other individual who, because of a personal, familial, or other relationship with the owner, manager, landlord, tenant, or provider of a facility, is in a position of actual control or authority with respect to the facility, without regard to whether the individual is formally an owner, manager, director, officer, provider, consultant, contractor, or employee of the facility.

c. A controlling person described by paragraph (2)b.3. of this section does not include a person, such as an employee, lender, secured creditor, or landlord, who does not exercise any influence or control, whether formal or actual, over the operation of a facility.

d. The Department may adopt regulations to define the ownership interest and other relationships that qualify a person as a controlling person.

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

(4) “Division” means the Division of Health Care Quality.

(5) a. “Long-term care facility” means a residential facility that provides shelter and food to more than 1 individual who meets all of the following:

1. Because of the individual’s physical or mental condition, require a level of care and services suitable to the individual’s needs to contribute to the individual’s health, comfort, and welfare.

2. Is not related within the second degree of consanguinity to the facility’s controlling person.

b. “Long-term care facility” includes all of the following:

1. A nursing facility. —

As used in this chapter, “nursing facility” commonly referred to as a “nursing home,” means a residential facility that provides services to residents including resident beds, continuous nursing services, and health and treatment services for individuals who do not currently require continuous hospital care and that provides care in accordance with a physician’s order and requires the supervision of a registered nurse (RN).

2. An assisted living facility. —

As used in this chapter, “assisted living facility” means a special combination of housing, supportive services, supervision, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living or instrumental activities of daily living. Facilities offer living arrangements to medically stable adult individuals who do not require the skilled nursing services of a nursing facility.

3. Intermediate care facility for persons with intellectual disabilities. —

As used in this chapter, “intermediate care facility for persons with intellectual disabilities” means a residential facility that provides services to residents with intellectual disabilities including resident beds, continuous nursing services, and health and treatment services for individuals who do not currently require continuous hospital care and that provides care in accordance with a physician’s order and requires the supervision of a registered nurse (RN).

4. A neighborhood home. —

As used in this chapter, a “neighborhood home” means a residence for no more than 5 individuals that is fully integrated in the community, not on the grounds of an institution, has shared common living areas, is where the individual chooses to live, and offers 24-hour supports to individuals with intellectual or developmental disabilities.

5. A group home for persons with mental illness. —

As used in this chapter, a “group home for persons with mental illness” means a residence that provides 24-hour supports, mental health treatment, rehabilitation, housing for between 3 and 10 adults with a primary diagnosis of psychiatric disabilities, and is fully integrated in the community, not on the grounds of an institution, has shared common living areas, and is where the individual chooses to live. “Group home for persons with mental illness” does not include supervised apartments.

6. A group home for persons with AIDS. —

As used in this chapter, a “group home for persons with AIDS” means a residence for 16 or less individuals with AIDS that only admits those individuals with an established diagnosis and disease progression such that the individual requires a routine and frequent combination of physician, professional nursing, and supportive services.

7. A family care home. —

As used in this chapter, a “family care home” means a home, including a physical structure and the necessary equipment, that provides beds and personal care services for 2 or 3 residents who cannot live independently and who need or could benefit from a family living situation, and that provides shelter, housekeeping services, food, meals, and personal care for residents.

8. A rest residential facility. —

As used in this chapter, a “rest residential facility” means a facility that provides resident beds and personal care services in a homelike environment for adult individuals who are normally able to manage their own activities of daily living.

9. An intensive behavioral support and educational residence. —

As used in this chapter, an “intensive behavioral support and educational residence” means a residential facility that provides services to adult individuals with autism, developmental disabilities, or severe mental or emotional disturbances who have specialized behavioral needs.

(6) “Long-Term Care Residents’ Trust Fund” means a fund maintained by the Department to which civil monetary penalties are to be remitted consistent with the federal Centers for Medicare and Medicaid Services (“CMS”) regulations, 42 C.F.R. § 488.442(g).

(7) “Memory care services” means ongoing specialized care for residents who demonstrate symptoms of memory-impacting conditions, including traumatic brain injuries, Alzheimer’s disease, or other dementias, to an extent that such symptoms interfere with activities of daily living. Such care is designed to manage the behavioral and psychological symptoms of memory-impacting conditions, including traumatic brain injuries, Alzheimer’s disease, or other dementias. Such care includes planned group and individual programming and person-centered care practices to support activities of daily living for residents living with memory-impacting conditions, including traumatic brain injuries, Alzheimer’s disease, or other dementias. Memory care services may be provided in a facility that is not or does not include a secured memory care unit. Memory care services includes dementia care services.

(8) “Person” means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, or any other legal entity, and includes a legal successor of those entities.

(9) “Protection and advocacy agency” means the Community Legal Aid Society, Inc. or successor agency designated the state protection and advocacy system under 42 U.S.C. § 10801 et seq.; 42 U.S.C. § 15001 et seq.; or 29 U.S.C. § 794e.

(10) “Resident” means an individual, whether identified as a patient, guest, or other designation, residing and receiving services in a long-term care facility.

(11) “Secured memory care unit” means a designated area or setting designed for individuals who demonstrate symptoms of memory-impacting conditions, including traumatic brain injury, Alzheimer’s disease, or other dementias, that is secured for the purpose of preventing a resident from exiting, or for the purpose of limiting a resident’s ability to exit, the secured area or setting. A secured memory care unit is not solely an individual resident’s personal living area. A secured memory care unit does not include all facilities that provide memory care services.

(12) “State Civil Penalty Trust Fund” means a fund maintained by the Department to which civil money penalties imposed for violations of state statute or regulation are to be remitted. Money deposited into this Trust Fund may not be used for salaries or general operating costs of the Department but must be used for the benefit and protection of long-term care residents to further the purposes set forth in this chapter and Chapter 79 of Title 29.

(13) “Temporary staffing agency” means a business entity or subdivision that provides temporary staff to a long-term care facility within this State.
16 Del. C. § 10314 — Delaware Code / Title 16 / Chapter 103 / Subchapter II / Section 10314
§ Â
        10314. External and public reporting of claims data.
Status: in_force

(a) DHIN shall provide Delaware health-care payers, providers, and purchasers with access to the Delaware Health Care Claims Database for the purpose of facilitating the design and evaluation of alternative delivery and payment models, including population health research and provider risk-sharing arrangements.

(1) Claims data provided to the Delaware Health Care Claims Database may be provided to a requesting person only when a majority of the DHIN Board of Directors, or of a subcommittee established under DHIN’s bylaws for purposes of administering the Health Care Claims Database, determines that the claims data should be provided to the requesting person to facilitate the purposes of this subchapter or to the Delaware Health Care Commission.

a. A written determination under this paragraph (a)(1) must be provided to the requesting person.

b. A determination under this paragraph (a)(1) is final and not subject to appeal. A requesting person does not have a private right of action against DHIN or another person to enforce this section.

(2) DHIN shall, in consultation with the Delaware Health Care Commission, promulgate rules and regulations regarding the appropriate form and content of an application to receive claims data, providing examples of requests for claims data that will generally be deemed consistent with the purposes of this subchapter.

(b) Claims data provided to a requesting person under this section must be provided under DHIN’s existing confidentiality and data security protocols and in compliance with applicable state and federal laws relating to the privacy and security of protected health information, including compliance, to the fullest extent practicable consistent with the purposes under this subchapter, with any applicable federal antitrust guidance regarding the exchange of price and cost information. A provider or purchaser must maintain individually identifiable patient health information under all applicable state and federal laws relating to the confidentiality and security of protected health information, including privacy and security requirements under regulations promulgated under this chapter.

(c) (1) For the purposes of public health improvement research and activities, DHIN shall provide access, at no cost, to all claims data reported by the Delaware Health Care Claims Database under this subchapter to the following state agencies:

a. Office of Management and Budget.

b. State Employee Benefits Committee.

c. Division of Public Health.

d. State Council for Persons with Disabilities.

e. Division of Medicaid and Medical Assistance.

f. Department of Insurance.

g. Delaware Health Care Commission.

(2) A state agency under paragraph (c)(1) of this section may enter into an appropriate agreement with DHIN to allow DHIN to perform data warehousing and analytics functions that the state agency, or an entity on behalf of the state agency, has performed under the state agency’s authority.

(d) DHIN may promulgate regulations to make available to the public certain data extracts and analyses that is not individually identifiable, as DHIN determines is consistent with, and necessary to, achieve the goals and policies of this subchapter. Before the data extracts and analyses, the process under subsection (e) of this section must be completed.

(e) (1) DHIN shall promulgate regulations to notify a mandatory reporting entity or voluntary reporting entity when claims data that the mandatory reporting entity or voluntary reporting entity submitted may be released for a purpose permitted under this subchapter.

(2) DHIN shall provide the mandatory reporting entity or voluntary reporting entity with an opportunity to comment on the data release request prior to its release.

(3) Prior to the data release, DHIN shall review, consider, and respond to comments that a mandatory reporting entity or voluntary reporting entity submits during the comment period.

(4) If a mandatory reporting entity or voluntary reporting entity identifies a party requesting the release of data as a potential competitor of the reporting entity, DHIN shall limit disclosure of pricing information that includes postadjudicated claims data, to the fullest extent practicable and consistent with the purposes of this subchapter, to a summary format that allows for analysis without revealing contracted pricing information.

(5) If a mandatory reporting entity or voluntary reporting entity identifies a person requesting the release of data as a potential competitor of the reporting entity, DHIN shall limit disclosure of pricing information that includes postadjudicated claims data, to the fullest extent practicable and consistent with the purposes of this subchapter, to a summary format that allows for analysis without revealing contracted pricing information.

(f) The DHIN shall promulgate regulations to ensure confidentiality, privacy, and security protections of health-care data and all other information that DHIN collects, stores, or releases, subject to applicable state and federal health-care privacy, confidentiality, and data security laws.
16 Del. C. § 2515A — Delaware Code / Title 16 / Chapter 25A / Section 2515A
§ Â
        2515A. Immunity.
Status: in_force

A health-care institution, health-care practitioner, or health-care provider acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care institution, health-care practitioner, or health-care provider is not subject to civil or criminal liability or to discipline for unprofessional conduct for:

(1) Complying with a DMOST form signed by a health-care practitioner apparently having authority to make a DMOST for a patient, including a decision to withhold or withdraw health care;

(2) Declining to comply with a DMOST form based on a belief that the health-care practitioner then lacked authority to sign a DMOST;

(3) Complying with a DMOST form and assuming that the DMOST form was valid when made and has not been modified or voided;

(4) Providing life-sustaining treatment in an emergency situation when the existence of a DMOST form is unknown; or

(5) Declining to comply with a DMOST form because the DMOST form is contrary to the conscience or good faith medical judgment of the health-care practitioner or the written policies of the health-care institution.
16 Del. C. § 163 — Delaware Code / Title 16 / Chapter 1 / Subchapter V / Section 163
§ Â
        163. Employment of personnel and registered trained nurse.
Status: in_force

(a) The Department of Health and Social Services may employ such agents, assistants, clerical force and specially qualified persons as it finds necessary or expedient for carrying out the purposes of this subchapter.

(b) The Department of Health and Social Services may employ a registered trained nurse to educate and supervise the midwives of the State. Such nurse shall devote the entire time, under the general direction of the Department of Health and Social Services, to an investigation of the methods employed by the midwives, to instructing the midwives so that they will not be a menace to the life and health of either mother or infant, to an investigation of deaths following midwife cases, to an investigation of all violations of the laws by midwives and to an investigation of the reports of births throughout the State.
16 Del. C. § 6004 — Delaware Code / Title 16 / Chapter 60 / Section 6004
§ Â
        6004. Use of interest.
Status: in_force

The interest or other income from the deposits earned shall be credited to the appropriate institution for distribution to individual patient accounts on a monthly basis. The interest or other income that results from an investment is the property of the beneficiary and may not be considered to be the property of the institution.
16 Del. C. § 7914 — Delaware Code / Title 16 / Chapter 79 / Section 7914
§ Â
        7914. Separate sewer connections.
Status: in_force

Every building intended for human habitation or occupancy on premises abutting on a street in which there is a public sewer shall have a separate connection.
16 Del. C. § 2501C — Delaware Code / Title 16 / Chapter 25C / Section 2501C
§ Â
        2501C. Purpose and intent [For application of this section, see 85 Del. Laws, c. 19, Â 3].
Status: in_force

(a) A terminally-ill-adult individual who has decision-making capacity has the right to request and self-administer medication to end their life in a humane and dignified manner.

(b) An individual should not be coerced, pressured, or otherwise compelled to take medication to end their life and the decision to self-administer medication to end life must be made voluntarily by a terminally-ill-adult individual with decision-making capacity, not by a guardian or other surrogate health-care decision maker or by the individual in an advance health-care directive.

(c) Health-care providers should not be subject to civil or criminal liability or professional discipline for honoring a request from a terminally-ill-adult individual for medication to end their life in a humane and dignified manner that is made in compliance with the requirements of this chapter.

(d) The self-administration of medication to end life in a humane and dignified manner by a terminally-ill-adult should not impact life insurance or annuity policies.
16 Del. C. § 5011 — Delaware Code / Title 16 / Chapter 50 / Section 5011
§ Â
        5011. Involuntary inpatient commitment hearing and procedure.
Status: in_force

(a) An individual shall be involuntarily committed for inpatient treatment only if all of the following criteria are met by clear and convincing evidence:

(1) The individual is a person with a mental condition;

(2) Based upon manifest indications, the individual is:

a. Dangerous to self; or

b. Dangerous to others;

(3) All less restrictive alternatives have been considered and determined to be clinically inappropriate at the time of the hearing; and

(4) The individual has declined voluntarily inpatient treatment, or lacks the capacity to knowingly and voluntarily consent to inpatient treatment. When evaluating capacity, the court shall consider an individual’s ability to understand the significant consequences, benefits, risks, and alternatives that result from the individual’s decision to voluntarily request or decline inpatient treatment.

(b) The court shall set out specific findings of facts and conclusions of law which address each of the required criteria for involuntary commitment and which support its decision to involuntarily commit or discharge the individual.

(c) If the court determines that an individual meets the criteria for involuntary commitment, the court shall enter an order of disposition which shall not exceed 3 months based upon the court’s individualized assessment of the facts and circumstances at the time of the hearing.

(d) Upon the expiration of the court order pursuant to subsection (c) of this section, if the individual has not been discharged by the hospital, and the hospital believes that the individual continues to require involuntary commitment, the court shall schedule a subsequent hearing which will be held in compliance with § 5007 of this title and this section. The individual shall be entitled to at least 14 working days’ notice of any subsequent hearings. As long as an individual receives involuntary inpatient treatment, the court must convene a hearing in compliance with § 5007 of this title and this section at least once every 3 months to review whether continued involuntary inpatient treatment is necessary.

(e) An individual, if represented by counsel, may waive, orally or in writing, any hearing under this section. The waiver must be submitted in writing to the court or be orally presented in open court.
16 Del. C. § 10010 — Delaware Code / Title 16 / Chapter 100 / Section 10010
§ Â
        10010. Confidentiality of information and release of information.
Status: in_force

(a) Identifying information of provider subscribers, provider-specific revenues and expenses, trade secrets, commercial information and other such information shall be treated as confidential and, notwithstanding other provisions of law, shall not be subject to public disclosure by the State or its representatives. The information made available to the State, its representatives or providers of emergency services shall be used solely for purposes of delivering or assisting in the delivery of E-911 emergency services or services that notify the public of an emergency.

(b) No provider shall be liable for releasing subscriber information, including private listing information, for purposes of complying with the requirements of this chapter, Chapter 101 of this title or as otherwise required by law.
16 Del. C. § 2107 — Delaware Code / Title 16 / Chapter 21 / Section 2107
§ Â
        2107. Registration and issuance of registry numbers.
Status: in_force

The Department of Health and Social Services shall, upon application to it by any person entitled thereto, register each applicant, issue a permit and assign a registry number by which number applicants shall thereafter be identified in applying and enforcing the tagging and inspection of this chapter.
16 Del. C. § 5002 — Delaware Code / Title 16 / Chapter 50 / Section 5002
§ Â
        5002. Determination of mental condition and of procedural compliance as prerequisites to involuntary hospitalization.
Status: in_force

No person shall be involuntarily admitted to or confined as an involuntary patient at a designated psychiatric treatment or hospital, and no designated psychiatric treatment facility or hospital shall involuntarily admit or confine as an involuntary patient any person, unless such person is determined to be a person with a mental condition and found to be dangerous to self or dangerous to others in accordance with the procedures prescribed by this chapter, and unless the procedural requirements of this chapter are complied with. A person may not be admitted to or confined as an involuntary patient at a designated psychiatric treatment facility or hospital unless it is determined that such placement is the least restrictive intervention reasonably available and the person has declined voluntary treatment. No person shall be deemed “involuntarily committed” for any legal purpose until the court deems the person an “involuntarily committed” person at the conclusion of a probable cause hearing held pursuant to this chapter.
16 Del. C. § 4928A — Delaware Code / Title 16 / Chapter 49A / Section 4928A
§ Â
        4928A. Research.
Status: in_force

(a) Research for the development of well-characterized and more-defined medical marijuana products for treatment of target indications, including demonstrations of safety and efficacy for treatment of medical conditions that often fail to respond to conventional treatment, may be conducted in Delaware.

(b) Research performed under the authority of this chapter shall be conducted as follows:

(1) In a facility which meets FDA-accepted security and operational standards.

(2) Using practices and standards that ensure uniformity, consistency, reliability, reproducibility, quality, and integrity of data, including good laboratory standards (GLP) when required.

(3) On plants grown from well-characterized and well-defined seed stock.
16 Del. C. § 1122 — Delaware Code / Title 16 / Chapter 11 / Subchapter II / Section 1122
§ Â
        1122. Devolution of rights.
Status: repealed

Where consistent with the nature of each right in § 1121 of this title, particularly as they pertain to a resident adjudicated incompetent in accordance with Delaware law, if the resident is determined to need a representative under federal law, or the presumption of the resident’s capacity is rebutted under § 2504 of this title, all rights devolve to the resident’s authorized representative, as established under any of the following:

(1) An “advance health-care directive,” as defined under § 2502 of this title.

(2) [Repealed.]

(3) A court-appointed guardian pursuant to Chapters 39 and 39A of Title 12, in accordance with the authority granted by the appointing court.

(4) A default surrogate appointed under Chapter 25 of this title.

(5) An individual who is otherwise authorized under applicable law to make the health-care decisions being made by execution of the DMOST form on the patient’s behalf under Chapter 25A of this title.

(6) A sponsoring agency or representative payee, except where the facility itself is the representative payee, selected under § 205(j) of the Social Security Act (42 U.S.C. § 405(j)).
16 Del. C. § 2503B — Delaware Code / Title 16 / Chapter 25B / Section 2503B
§ Â
        2503B. Advance mental health-care directive awareness.
Status: in_force

(a) A health-care institution providing mental health care to an individual shall do all of the following:

(1) Determine whether the individual has an advance mental health-care directive.

(2) Make informational materials about advance mental health-care directives available to the individual.

(3) Prompt the individual to review any existing advance mental health-care directive or to consider creating an advance mental health-care directive.

(4) Assist individuals who express an interest in discussing or creating an advance mental health-care directive by helping them create the directive or by offering resources about how a directive may be created.

(b) Contingent on the provision of funds from the Behavioral Health Consortium, the protection and advocacy agency shall offer training to health-care institutions, health-care professionals, and certified peer recovery specialists about advance mental health-care directives.

(c) As provided in subsection (d) of this section, a health-care institution, health-care professional, or certified peer recovery specialist may assist an individual with creating an advance mental health-care directive.

(d) A health-care institution, health-care professional, or certified peer recovery specialist must attend the training under subsection (b) of this section before assisting an individual with creating an advance mental health-care directive.

(e) If provided in compliance with this section, any assistance that a health-care institution, health-care professional, or certified peer recovery specialist provide an individual with creating an advance mental health-care directive may not be deemed the practice of law.
16 Del. C. § 6607 — Delaware Code / Title 16 / Chapter 66 / Subchapter I / Section 6607
§ Â
        6607. Power of State Fire Prevention Commission to authorize new fire companies or substations; resolve boundary disputes; and prohibit cessation of necessary fire protection services.
Status: repealed

(a) The State Fire Prevention Commission, with the advice of the Advisory Board set forth in § 6605 [repealed] of this title, is empowered to promulgate, amend and repeal regulations related to the exercise of State Fire Prevention Commission powers and responsibilities defined in this section.

(1) Except as provided in subsection (c) of this section, the State Fire Prevention Commission shall determine whether any new fire companies or substations shall be authorized in any part of the State. In making such determination the State Fire Prevention Commission shall consider among other things the ability, financial or otherwise, of the company seeking authorization to maintain an effective fire company and the fire protection needs of the area involved. The State Fire Prevention Commission, however, shall not authorize the establishment of a new fire company main station or substation within 4 miles of an existing fire company’s main station or substation unless the State Fire Prevention Commission determines that an existing company is not reasonably equipped, manned, organized, financed or disciplined to deliver, or is not actually delivering, adequate fire protection in accordance with recognized safety standards to the area it serves.

(2) Except as provided in subsection (c) of this section, the State Fire Prevention Commission shall have authority to prohibit the suspension of fire protection services in this State by any fire company or substation thereof when the ability, financial or otherwise, of the company or substation seeking to suspend such service does not warrant such suspension. In making this determination the State Fire Prevention Commission shall consider, among other things, the fire protection needs of the area involved, whether the company or substation seeking to suspend fire protection services is inadequately financed, equipped, manned, organized or disciplined, and whether a new fire company should be authorized to deliver fire protection services to the area.

(3) The State Fire Prevention Commission shall have authority, acting on behalf of the State, to enter into agreements to confirm the established geographical boundaries of areas served by all existing fire companies in the State and to resolve boundary disputes between or among such fire companies.

(4) The State Fire Prevention Commission shall have authority to enter binding orders resolving boundary disputes between fire companies.

(b) The Delaware Volunteer Firefighters’ Association shall designate from its members a 9-member advisory board to advise and make recommendations to the State Fire Prevention Commission in connection with the Commission’s responsibilities under this section. The Delaware Volunteer Firefighter’s Advisory Board shall consist of the President, First Vice-President, Second Vice-President and the 7 members of the Board of Directors, excluding the immediate past President who serves as a Commissioner, of the Delaware Volunteer Firefighters’ Association.

(c) Paragraphs (a)(1) and (2) of this section shall not be applied with respect to any fire company in municipalities with a population greater than 50,000 as established in the official 1980 federal census.
16 Del. C. § 901B — Delaware Code / Title 16 / Chapter 9B / Section 901B
§ Â
        901B. Purpose.
Status: in_force

The child welfare policy of this State shall serve to advance the best interests and secure the safety and well-being of an infant with prenatal substance exposure, while preserving the family unit whenever the safety of the infant is not jeopardized. To further this policy, this chapter:

(1) Requires that notifications of infants with prenatal substance exposure be made to the Division by the health-care provider involved in the delivery or care of the infant.

(2) Requires a coordinated, service-integrated response by various agencies in this State’s health and child welfare systems to work together to ensure the safety and well-being of infants with prenatal substance exposure by developing, implementing, and monitoring a Plan of Safe Care that addresses the health and substance use treatment needs of the infant and affected family or caregiver.
16 Del. C. § 10005 — Delaware Code / Title 16 / Chapter 100 / Section 10005
§ Â
        10005. Enhanced 911 Emergency Reporting System Service Board.
Status: in_force

(a) There is hereby established an Enhanced 911 Emergency Reporting System Service Board.

(b) The Board shall act in an advisory capacity to the Governor, the Secretary and the General Assembly on all matters related to the E-911 system, service and funding thereof.

(c) (1) The Board is comprised as follows:

a. Five members, appointed by the Governor with the consent of a majority of all the members elected to the Senate.

b. The Chief Information Officer of the Department of Technology and Information, or a designee of the Chief Information Officer.

c. The Secretary, or a designee of the Secretary.

(2) The Secretary, or a designee of the Secretary, serves as Chair of the Board.

(3) At least 3 members appointed under paragraph (c)(1)a. of this section must have technical or financial expertise on telecommunications issues and at least 1 member appointed under paragraph (c)(1)a. of this section must be a representative from the Delaware Association of County Governments.

(4) The term of each member, excluding the Chief Information Officer of the Department of Technology and Information, or the Chief Information Officer’s designee, and the Secretary, or the Secretary’s designee, is 3 years.

(5) The members of the Board appointed under paragraph (c)(1)a. of this section may attend a meeting of the Board by proxy no more than 3 times in a calendar year. A proxy vote has the same force and effect as a vote of the member of the Board who designated the proxy.

(d) Members of the Board shall serve without compensation except that they shall be reimbursed for reasonable and necessary expenses incidental to their duties as members of the Board.

(e) The Department of Safety and Homeland Security shall provide administrative support to the Board and may seek reimbursement from the Fund for reasonable costs incurred with administering the Board and Fund.

(f) The Board’s duties and responsibilities shall include the following.

(1) The Board shall develop and adopt a comprehensive E-911 state plan by February 1, 2004, which shall cover a period of not less than 3 years and which shall include a wireless E-911 state plan. The plan shall be reviewed, updated and prioritized on an annual basis.

(2) No later than March 1 of each year, beginning in 2002, the Board shall provide an annual report to the Governor, Secretary, Department of Technology and Information, or its successor agency, and General Assembly, which shall, at a minimum, include a summary of the progress on the wireless E-911 system, an evaluation of the E-911 system as a whole, the capital improvements and expenditures proposed for the upcoming fiscal year, expected revenues from the surcharges in the next fiscal year, and a summary of the revenues and expenses for the prior fiscal year. In no event shall the proposed annual expenses associated with the E-911 system exceed the anticipated annual revenues of the Fund.

(3) The Board shall develop, evaluate, establish, recommend and adopt a wireless E-911 state plan pursuant to the FCC E-911 order. The wireless plan shall cover a period of not less than 3 years and shall provide for the systematic deployment of wireless E-911 service across the State.

(4) The Board shall conduct a public meeting in each of the 3 counties in this State prior to the adoption of the E-911 state plan and the wireless E-911 state plan.

(5) When the wireless E-911 state plan is fully implemented, the Board shall insure that wireless service in all communities is or can be selectively routed to one or more public safety answering points.

(6) The Board shall conduct a comprehensive review of the entire E-911 system no later than November 15, 2004, and every 3 years thereafter, and make a written report on its findings and recommendations regarding the adequacy of the system, service thereunder, and funding to the Governor, Secretary, Department of Technology and Information, or its successor agency, and General Assembly. The Board is authorized to retain the services of professionals, as needed, to assist it in its duties under this subsection.

(g) Actions by the Board shall be by a majority of those present at Board meetings where a quorum has been established. All voting shall be done in person and at regular or special meetings of the Board, except as provided in subsection (c) of this section.

(h) The Board shall work in concert with the Department of Safety and Homeland Security, providers, emergency service providers, counties and municipal governments offering 911 service and any other appropriate department, agency or committee focusing on statewide emergency service affected by the development and maintenance of the E-911 System.

(i) The Board may exercise all powers and conduct such activities as are necessary in carrying out its responsibilities under this chapter and Chapter 101 of this title.

(j) All providers as defined § 10002 of this title shall officially designate a person to coordinate with, and provide information to, the Board as required by the Board.
16 Del. C. § 2410 — Delaware Code / Title 16 / Chapter 24 / Section 2410
§ Â
        2410. Employee education programs.
Status: in_force

(a) Every employer shall provide, at least annually, an education and training program for employees using or handling hazardous chemicals. Additional instruction shall be provided whenever the potential for exposure to hazardous chemicals is altered or whenever new and significant information is received by the employer concerning the hazards of a chemical. New or newly assigned employees shall be provided training before working with or in a work area containing hazardous chemicals.

(b) The program shall include, as appropriate, information on interpreting labels and material safety data sheets and the relationship between these 2 methods of hazards communication, the location, acute and chronic effects, safe handling, protective equipment to be used and first aid treatment with respect to the hazardous chemicals used by the employees, and general safety instructions on the handling, cleanup procedures and disposal of hazardous chemicals. Employers shall keep a record of the dates of training sessions given to employees.

(c) The Secretary, pursuant to § 2412 of this title, shall develop and maintain an education and training assistance program to aid those employers who, because of size or other practical considerations, are unable to develop such programs by themselves. Such a program shall be made available to such an employer upon request.
16 Del. C. § 3002Q — Delaware Code / Title 16 / Chapter 30Q / Section 3002Q
§ Â
        3002Q. Restrictions; beverage straws.
Status: in_force

(a) A food establishment may not provide a single-service plastic straw unless any of the following apply:

(1) A plastic straw is requested by a consumer.

(2) The plastic straw is for a patient or resident, if the food establishment is located in a hospital or long-term care facility.

(3) The plastic straw is attached to pre-packaged goods, including juice boxes.

(b) (1) A food establishment that provides straws must strive to ensure that single-service plastic straws always remain available upon request.

(2) A food establishment that provides a plastic straw to a consumer must provide it free of charge and may not inquire into the reason for the request.

(c) This section does not restrict a food establishment from providing compostable beverage straws that are not made from plastic.
16 Del. C. § 3006E — Delaware Code / Title 16 / Chapter 30E / Subchapter I / Section 3006E
§ Â
        3006E. Storage of emergency medication.
Status: in_force

(a) Emergency medication which shall be administered by the school nurse, shall be located in a secure but accessible area which is easily accessible to the school nurse.

(b) Emergency medication which shall be administered by a trained person, shall be located in a secure but accessible area, which is identified by the school as easily accessible.
16 Del. C. § 9211 — Delaware Code / Title 16 / Chapter 92 / Section 9211
§ Â
        9211. Bonds of the Authority.
Status: in_force

(a) The Authority may from time to time issue bonds for any corporate purpose and all such bonds, notes, bond anticipation notes or other obligations of the Authority issued pursuant to this chapter shall be and are hereby declared to be negotiable for all purposes notwithstanding their payment from a limited source and without regard to any other law or laws. In anticipation of the sale of such bonds, the Authority may issue negotiable bond anticipation notes and may renew the same from time to time, but the maximum maturity of any such note, including renewals thereof, shall not exceed 5 years from the date of issue of the original note. Such notes shall be paid from any revenues of the Authority available therefor and not otherwise pledged, or from the proceeds of sale of the bonds of the Authority in anticipation of which they were issued. The notes shall be issued in the same manner as the bonds. Such notes and the resolution or resolutions authorizing the same may contain any provisions, conditions or limitations which a bond resolution of the Authority may contain.

(b) The bonds and notes of every issue shall be payable solely out of the revenues of the Authority, subject only to any agreements with the holders of particular bonds or notes pledging any particular revenues and subject to any agreements with any participating facility. Notwithstanding that bonds and notes may be payable from a special fund, they shall be and be deemed to be, for all purposes, negotiable instruments subject only to the provisions of the bonds and notes for registration.

(c) The bonds may be issued as serial bonds or as term bonds, or the Authority, in its discretion may issue bonds of both types. The bonds shall be authorized by resolution of the members of the Authority and shall bear such date or dates, mature at such time or times, not exceeding 50 years from their respective dates, bear interest at such rate or rates, payable at such time or times, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in lawful money of the United States of America at such place or places, and be subject to such terms of redemption, as such resolution or resolutions may provide. Such resolution or resolutions may delegate to any combination of 3 of the following, the executive director, assistant executive director, treasurer or any member of the Authority, the power to determine any of the matters set forth in this section and the power to award the bonds to a purchaser or purchasers at public sale or to negotiate a sale to a purchaser or purchasers. The bonds or notes may be sold at public or private sale for such price or prices as the Authority shall determine. Pending preparation of the definitive bonds, the Authority may issue interim receipts or certificates which shall be exchanged for such definitive bonds.

(d) Any resolution or resolutions authorizing any bonds or any issue of bonds may contain provisions, which shall be a part of the contract with the holders of the bonds to be authorized as to:

(1) Pledging the full faith and credit of the Authority, the full faith and credit of a participating facility, all or any part of the revenues of a project or projects, any revenue producing contract or contracts made by the Authority with any individual, partnership, corporation or association or other body, public or private, to secure the payment of the bonds or of any particular issue of bonds, subject to such agreements with bondholders or participating facilities as may then exist;

(2) The rentals, fees and other charges to be charged, and the amounts to be raised in each year thereby, and the use and disposition of the revenues;

(3) The establishment and setting aside of reserves or sinking funds, the regulation and disposition thereof;

(4) Limitations on the right of the Authority or its agent to restrict and regulate the use of the project;

(5) Limitations on the purpose to which the proceeds of sale of any issue of bonds then or thereafter to be issued may be applied and pledging such proceeds to secure the payment of the bonds or any issue of the bonds;

(6) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding bonds;

(7) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given;

(8) Limitations on the amount of money derived from the project to be expended for operating, administrative or other expenses of the Authority;

(9) Defining the acts or omissions to act which shall constitute a default in the duties of the Authority to holders of its obligations and providing the rights and remedies of such holders in the event of a default;

(10) The duties, obligations and liabilities of any trustee or paying agent; and

(11) The mortgaging of a project and the site thereof for the purpose of securing the bondholders.

(e) Neither the members of the Authority nor any person executing the bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof.

(f) The Authority shall have power, out of any funds available therefor, to purchase its bonds or notes. The Authority may hold, pledge, cancel or resell such bonds or notes subject to and in accordance with agreements with bondholders or participating facilities.
16 Del. C. § 2521A — Delaware Code / Title 16 / Chapter 25A / Section 2521A
§ Â
        2521A. DMOST Steering Committee.
Status: in_force

(a) The DMOST Steering Committee (Committee) is established to support the implementation of the DMOST program and make recommendations regarding the implementation of this chapter.

(b) The Committee is comprised of the following members, or a designee selected by the member serving by virtue of position:

(1) The President, Delaware Quality of Life Coalition, who serves as chair.

(2) The Secretary.

(3) Chief Executive Officer, Delaware Health Information Network.

(4) The Delaware representative to the National Physician Orders for Life-Sustaining Treatment Coalition.

(5) The Long-Term Care Ombudsperson under subchapter VI of Chapter 11 of this title.

(6) The Executive Director, Delaware State Fire Prevention Commission.

(7) The Chief Executive Officer, Delaware Healthcare Association.

(8) The Executive Director, Delaware Health Care Facilities Association.

(9) The Chair, Elder Law Section, Delaware State Bar Association.

(10) One member representing a health-care insurance provider, appointed by the Secretary.

(11) One member of the public, appointed by the Secretary.

(c) (1) A quorum of the Committee is a majority of its current members. Official action by the Committee, including making findings and recommendations, requires the approval of a quorum of the Committee.

(2) The Committee shall meet no less than 1 time every 4 months.

(3) The Committee shall adopt rules or procedures governing the work of the Committee.

(4) A member of the Committee with the ability to designate another individual to attend a Committee meeting must provide the designation in writing to the chair. An individual attending a meeting for a member as a designee has the same duties and rights as the member.

(5) The chair of the Committee may invite individuals with relevant expertise to participate in Committee discussions.

(d) The Committee shall produce an annual report, published on the DMOST Program website, that includes all of the following:

(1) Data regarding all of the following:

a. The number of DMOST forms in the electronic registry.

b. How often the electronic registry is consulted by health-care providers.

c. Use of DMOST forms by emergency-care providers.

(2) Information about trainings provided to health-care practitioners, health-care providers, and emergency-care providers.

(3) Public education and outreach efforts.

(4) Current challenges and recommendations to improve the DMOST Program and the use of DMOST forms.
16 Del. C. § 6501 — Delaware Code / Title 16 / Chapter 65 / Section 6501
§ Â
        6501. Liability for negligent burning.
Status: in_force

If any owner, tenant or occupier of land within the State sets fire to any brush or other combustible matter on such land for any purpose whatsoever, and in setting fire to such brush or other combustible matter omits to observe reasonable care and prudence, by reason whereof the property, real or personal, of any other person is destroyed or impaired, such owner, tenant or occupier is liable to pay the damage resulting therefrom, which may be recovered in a civil action brought in any court having jurisdiction. Damages to an amount not exceeding $200 may be recovered in an action before any justice of the peace of the county wherein the fire occurred. In case of a recovery before a justice of the peace, no further recovery shall be had by the plaintiff therein or the plaintiff’s legal representatives of damages resulting from the same fire.
16 Del. C. § 921 — Delaware Code / Title 16 / Chapter 9 / Subchapter II / Section 921
§ Â
        921. Child Protection Registry; purpose.
Status: in_force

The Department shall maintain a Child Protection Registry which contains information about persons who have been substantiated for abuse or neglect as provided in this subchapter or who were substantiated between August 1, 1994, and February 1, 2003. The primary purpose of the Child Protection Registry is to protect children and to ensure the safety of children in child care, health care and public educational facilities. This subchapter must be liberally construed so that these purposes may be realized.
16 Del. C. § 1420A — Delaware Code / Title 16 / Chapter 14 / Section 1420A
§ Â
        1420A. Incorporation of project within other governmental system; assumption of debt.
Status: in_force

No project acquired or constructed by an authority pursuant to this chapter may be incorporated within any other governmental system except upon the assumption without surcharge to the authority or its customers by the governing body of that government of full responsibility for payments of any outstanding revenue bonds issued by the authority to finance the acquisition or construction of the project.
16 Del. C. § 3504 — Delaware Code / Title 16 / Chapter 35 / Section 3504
§ Â
        3504. Rules and regulations.
Status: in_force

The Department of Health and Social Services may promulgate and enforce standards to regulate food processing establishments which may include, but are not limited to, canneries, factories and cottage industries that process food for human consumption whenever it is determined that said food represents a hazard to the public health.
16 Del. C. § 6703 — Delaware Code / Title 16 / Chapter 67 / Section 6703
§ Â
        6703. Supervision by fire officer.
Status: in_force

A fire police officer, subject to § 6702(b) of this title, shall perform the fire police officer’s duties under the supervision of the fire officer-in-charge of the scene of a fire, fire drill or other emergency, or in the absence of a fire officer-in-charge, under the supervision of the law-enforcement officer in charge of the scene.
16 Del. C. § 1105 — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1105
§ Â
        1105. Denial of license or its renewal.
Status: in_force

(a) The Department may deny a license to any applicant or refuse to renew a license to any license holder if the Department finds that the applicant or license holder or any partner, officer, director, managerial employee or controlling person of the applicant or license holder has done any of the following:

(1) Failed to meet the requirements of § 1104 of this title.

(2) Operated any long-term care facility without a license or under a revoked or suspended license in any jurisdiction.

(3) Knowingly, or with reason to know, made a false statement of a material fact in an application for license or renewal, or any data attached thereto, or in connection with any matter under investigation by the Department, or in any document submitted to the Department, including a plan for the correction of all violations of applicable laws or regulations.

(4) Refused to allow representatives or agents of the Department to inspect a portion of the premises of the facility or any resident-related documents, records, and files required to be maintained by the facility.

(5) Interfered with or attempted to impede in any way the work of any authorized representative of the State or protection and advocacy agency or the lawful enforcement of any provision of this chapter.

(6) Has a history of noncompliance with federal or state law or regulations in providing long-term care.

(b) The due process protections of notice and an opportunity to be heard must be provided to facilities prior to the denial of a license or its nonrenewal. The hearing process must be consistent with the Administrative Procedures Act, Chapter 101 of Title 29.

(c) In deciding whether to deny a license or its renewal under this section, the factors to be considered by the Department must include the severity and recurrence of the noncompliance.
16 Del. C. § 3006H — Delaware Code / Title 16 / Chapter 30H / Section 3006H
§ Â
        3006H. Identification cards.
Status: in_force

The Division of Public Health shall develop a standard identification card that may be signed by a licensed physician as evidence of the existence of an eligible medical condition as defined in § 3001H of this title. The Division of Public Health may include a disclaimer on the card which would indicate that the Division of Public Health has not verified the authenticity of the physician’s signature.
16 Del. C. § 7920 — Delaware Code / Title 16 / Chapter 79 / Section 7920
§ Â
        7920. Fixture traps.
Status: in_force

Each fixture or combination fixture shall be provided with a separate, accessible, self-scouring, reliable, water-sealed trap placed as near to the fixture as possible.
16 Del. C. § 6645 — Delaware Code / Title 16 / Chapter 66 / Subchapter V / Section 6645
§ Â
        6645. Civil penalties and appeals.
Status: in_force

(a) The State Fire Marshal shall assess all civil penalties as outlined in this subchapter.

(b) All civil penalties will be paid within 30 days of assessment.

(c) All moneys derived from the civil penalties shall be placed in the Fire Detection Fund pursuant to § 6637 of this title.

(d) An owner or a fire alarm contractor may appeal the assessment of a civil penalty to the State Fire Prevention Commission in accordance with the State Fire Prevention Regulations.

(e) The Justice of the Peace Court shall have jurisdiction over all unpaid civil penalties.
16 Del. C. § 3091F — Delaware Code / Title 16 / Chapter 30F / Subchapter VI / Section 3091F
§ Â
        3091F. Definitions.
Status: in_force

For purposes of this subchapter:

(1) “Animal rescue organization” means any nonprofit organization whose purpose is rescuing animals that are unwanted, abandoned, abused, or stray and finding permanent, adoptive homes for the animals.

(2) “Animal shelter” means as defined in § 3001F of this title.

(3) “Private placement” means an arrangement between the research facility and an individual seeking to adopt the retired animal.

(4) “Research facility” means a facility that does both of the following:

a. Conducts experiments on dogs or cats for research, education, testing, or other scientific purposes.

b. Receives public money, including a higher education research facility; or a facility that provides research in collaboration with a higher education facility; or has tax-exempt status.

(5) “Retired animal” means a cat or dog that has been previously used for research, education, testing, or other scientific purposes and is no longer required by the facility and has no substantial medical conditions or safety risks preventing successful integration into an adoptive home.
16 Del. C. § 4774 — Delaware Code / Title 16 / Chapter 47 / Subchapter V / Section 4774
§ Â
        4774. Penalties [For application of this section, see 80 Del. Laws, c. 38, Ââ6].
Status: in_force

(a) Possession. — Except as described in subsection (b) of this section, any person who uses or possesses with intent to use drug paraphernalia is guilty of a class B misdemeanor.

(b) Possession for personal use of marijuana. — Any person who uses or possesses drug paraphernalia for the use or possession of a personal use quantity of marijuana shall be assessed a civil penalty of not more than $100, in addition to such routine assessments necessary for the administration of civil violations.

(c) Manufacture and sale. — Any person who delivers, possesses with the intent to deliver, conveys, offers for sale, converts, or manufactures with the intent to deliver drug paraphernalia is guilty of a class G felony.

(d) Delivery to a minor. — Any person 18 years of age or older who violates § 4771 of this title by delivering or selling drug paraphernalia to a person under 18 years of age is guilty of a class E felony.

(e) It is unlawful for any person to place in a newspaper, magazine, handbill or other publication any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this section is guilty of an unclassified misdemeanor.
16 Del. C. § 3005L — Delaware Code / Title 16 / Chapter 30L / Section 3005L
§ Â
        3005L. Materials development and distribution.
Status: in_force

(a) Before an athlete may participate in an athletic activity, the organizing entity shall provide a concussion information sheet published by the Council to the athlete and the parent or guardian of the athlete. The athlete and the parent or guardian of the athlete shall sign a statement acknowledging receipt of the information sheet and return it to the organizing entity before the athlete shall be allowed to participate in the athletic activity. For recurrent or on-going athletic activity, the provision of the information sheet and return of the signed acknowledgment shall be completed annually.

(b) The Council shall create and maintain a concussion management section on its website to provide the guidelines necessary for each organization with nonscholastic youth athletic activity to develop their own policies and procedures pertaining to, but not limited to, the creation and production of all of the following:

(1) A concussion information sheet for coaches, officials, athletes, and athletes’ parents or guardians advising of the signs and symptoms of concussion and explaining the risk of continuing to practice or compete in athletic events or activities after sustaining a concussion.

(2) Guidelines for coaches and officials pertaining to athletes who are returning to the classroom after sustaining a concussion (“Return to Learn Guidelines”).

(3) Guidelines for coaches and officials pertaining to athletes returning to practice, play, or competition after a concussion (“Graduated Stepwise Return to Athletic Participation Guidelines”).

(4) Links to 1 or more additional free online concussion training programs as provided by the National Federation of State High School Associations (NFHS), the Centers for Disease Control and Prevention (CDC), or a comparable program or resource.

(c) The Council, in collaboration with the Division, shall on a biennial basis review the guidelines set forth in paragraph (b) of this section and update the guidelines accordingly.
16 Del. C. § 1901 — Delaware Code / Title 16 / Chapter 19 / Section 1901
§ Â
        1901. Department of Natural Resources and Environmental Control â Supervision.
Status: in_force

The duties, powers and functions of the former Mosquito Control Commission of the State and the State Highway Department shall be under the supervision and control of the Department of Natural Resources and Environmental Control, which Department may perform all the duties, powers and functions formerly vested in the Mosquito Control Commission and the State Highway Department.
16 Del. C. § 5501 — Delaware Code / Title 16 / Chapter 55 / Subchapter I / Section 5501
§ Â
        5501. Basic rights.
Status: in_force

Persons diagnosed with intellectual disabilities or other specific developmental disabilities have the same basic rights as other citizens.
16 Del. C. § 10102 — Delaware Code / Title 16 / Chapter 101 / Subchapter I / Section 10102
§ Â
        10102. Definitions.
Status: in_force

As used in this chapter:

(1) “911 Emergency Report Center” shall have the same meaning assigned to such term in § 10002 of this title.

(2) “911-Enhanced Emergency Reporting System” shall have the same meaning assigned to such term by § 10002 of this title.

(3) “Board” shall mean the Enhanced 911 Emergency Reporting System Service Board.

(4) “Business telephone service” shall mean network access telephone service where the use of such service is primarily for business purposes.

(5) “FCC E-911 order” shall have the same meaning assigned to such term in § 10002 of this title.

(6) “Fund” shall mean the 911 Emergency Reporting System Fund created by this chapter.

(7) “Provider” shall have the same meaning assigned to such term in § 10002 of this title.

(8) “Residential telephone service” shall mean network access telephone service where the use of such service is primarily for social or domestic purposes.

(9) “Secretary” shall mean the Secretary of the Department of Safety and Homeland Security.

(10) “System” shall mean a 911-Enhanced Emergency Reporting System.

(11) “Wholesale services” shall mean services that a provider furnishes to another provider, rather than to end-use customers.

(12) “Wireless E-911 state plan” shall have the same meaning assigned to such term in § 10002 of this title.

(13) “Wireless provider” shall have the same meaning assigned to such term in § 10002 of this title.

(14) “Wireless service” shall have the same meaning assigned to such term in § 10002 of this title.
16 Del. C. § 1166 — Delaware Code / Title 16 / Chapter 11 / Subchapter VII / Section 1166
§ Â
        1166. Medicaid reimbursement.
Status: in_force

(a) The Medicaid reimbursement program shall be adjusted to reflect costs associated with the increased staffing levels described herein. Reimbursement rates for nursing wages will be adjusted to the seventy-fifth percentile under the current wage determination methodology for primary care under the state Medicaid program.

(b) The Department shall ensure that 100% of Medicaid funds paid for primary care are expended by the residential health facility for primary care purposes. If, during any annual cost reporting period, a facility expends less than 100% of the primary care reimbursement it receives from Medicaid for primary care, the sum under-spent must be repaid to the Medicaid program. The repayment will be made through a cost settlement process when the provider files its annual cost report. The Department will revise its regulations and Medicaid cost report forms to require a cost settlement for the primary care reimbursement classification.

(c) Medicaid reimbursement of providers shall be consistent with the provisions of this chapter regardless of the payment methodology employed by Medicaid or its contractors, including managed care.
16 Del. C. § 4737 — Delaware Code / Title 16 / Chapter 47 / Subchapter III / Section 4737
§ Â
        4737. Temporary suspension.
Status: in_force

(a) In the event of a formal or informal complaint concerning the activity of a registrant that alleges an imminent danger to the public health, safety or welfare, the Secretary may temporarily suspend any registration, pending a hearing, by written order. An order temporarily suspending a registration may not be issued unless the registrant or the registrant’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the registrant or the registrant’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended registrant requests a continuance of the hearing date. If the temporarily suspended registrant requests a continuance, the order of temporary suspension remains in effect until the conclusion of all proceedings.

(b) A registrant whose registration has been temporarily suspended pursuant to this section must be notified of the temporary suspension immediately and in writing. Notification consists of a copy of the complaint and the order of temporary suspension pending a hearing personally served upon the registrant or registrant’s counsel or sent by certified mail, return receipt requested, to the registrant’s last known address. The Secretary will hold a hearing on the complaint giving rise to the temporary suspension within 60 days of the date of the issuance of the order of temporary suspension.

(c) A registrant whose registration has been temporarily suspended pursuant to this section may request an expedited hearing. The Secretary shall schedule the hearing within 15 days of receipt of any expedited hearing request, provided that the request is received within 5 calendar days from the date the registrant received notification of the decision to temporarily suspend the registration.
16 Del. C. § 914 — Delaware Code / Title 16 / Chapter 9 / Subchapter I / Section 914
§ Â
        914. Penalty for violation.
Status: in_force

(a) Whoever violates § 903 of this title shall be liable for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation.

(b) In any action brought under this section, if the court finds a violation, the court may award costs and attorneys’ fees.
16 Del. C. § 3005D — Delaware Code / Title 16 / Chapter 30D / Section 3005D
§ Â
        3005D. Duty.
Status: in_force

It shall be the duty of the tanning facility owner to ensure that each customer utilizing the tanning facility is of legal age to do so. The tanning facility owner shall be held responsible for the use of the tanning facility by any minor pursuant to § 3003D of this title.
16 Del. C. § 6663 — Delaware Code / Title 16 / Chapter 66A / Section 6663
§ Â
        6663. Employer contributions.
Status: in_force

(a) The employer’s contribution to the Fund for the fiscal year 1986-1987 shall be $250,000.

(b) The employer’s contribution to the Fund for the fiscal year 1987-1988 shall be $250,000.

(c) The employer’s contribution to the Fund for the fiscal year 1988-1989, and for each fiscal year thereafter shall be a sum approved by the Board on the basis of the most recent actuarial valuation.

(d) The actuary shall prepare an actuarial valuation of the assets and liabilities of the Fund as of June 30, 1988, and each year thereafter. On the basis of reasonable actuarial assumptions and tables approved by the Board, the actuary shall determine the normal cost required to meet the actuarial cost of current service and the unfunded accrued liability.
16 Del. C. § 2502C — Delaware Code / Title 16 / Chapter 25C / Section 2502C
§ Â
        2502C. Definitions [For application of this section, see 85 Del. Laws, c. 19, Â 3].
Status: in_force

For purposes of this chapter:

(1) “Advanced practice registered nurse” or “APRN” means an individual with a valid Delaware APRN license.

(2) “Attending APRN” means an APRN designated by an individual to have primary responsibility for the individual’s terminal illness. “Attending APRN” does not mean an APRN who provides treatment that is limited to or primarily comprised of prescribing or dispensing medication to end life in a humane and dignified manner.

(3) “Attending physician” means a physician designated by an individual to have primary responsibility for the individual’s terminal illness. “Attending physician” does not mean a physician who provides treatment that is limited to or primarily comprised of prescribing or dispensing medication to end life in a humane and dignified manner.

(4) “Consulting APRN” means an APRN who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding an individual’s terminal illness and is not designated by an individual to have primary responsibility for the individual’s health care.

(5) “Consulting physician” means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding an individual’s terminal illness and is not designated by an individual to have primary responsibility for the individual’s health care.

(6) “Counseling” means 1 or more consultations, as necessary, between a psychiatrist or psychologist and an individual for the purpose of determining if the individual has decision-making capacity.

(7) “Decision-making capacity” means an individual’s ability to understand and appreciate the nature and consequences of a particular health-care decision, including the benefits and risks of that decision and alternatives to any proposed health care, and to reach an informed health-care decision.

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

(9) “Health-care provider” means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care or dispense medication for individuals in the ordinary course of business or practice of a profession.

(10) “Informed decision” means a decision by an individual with a terminal illness to request and obtain a prescription for medication that the individual may self-administer to end their life in a humane and dignified manner. An “informed decision” is based on the individual’s appreciation of the relevant facts and is made after being fully informed by the attending physician or attending APRN of all of the following:

a. The individual’s medical diagnosis.

b. The individual’s prognosis.

c. The potential risks associated with taking the medication to be prescribed.

d. The expected result of taking the medication to be prescribed.

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

(11) “Medically confirmed” means a consulting physician or consulting APRN confirms the medical opinion of the attending physician or attending APRN after the consulting physician or consulting APRN examines the individual and the individual’s relevant medical records.

(12) “Physician” means an individual who possesses a valid Delaware license to practice medicine.

(13) “Psychiatrist” means an individual who possesses a valid Delaware license to practice medicine and has completed an accredited residency training program in psychiatry.

(14) “Psychologist” means an individual who possesses a valid Delaware license to practice psychology.

(15) “Qualified patient” means an individual who meets all of the requirements of § 2504C of this title.

(16) “Self-administer” means an individual performs an affirmative, conscious, voluntary, and final act to ingest medication into the individual’s body. “Self-administer” does not include administration through injection or intravenous infusion.

(17) “Terminal illness” means an incurable and irreversible disease, illness, or condition that as a medical probability, will result in death within 6 months.
16 Del. C. § 6654 — Delaware Code / Title 16 / Chapter 66A / Section 6654
§ Â
        6654. Waiver of benefits.
Status: in_force

Any individual entitled to any benefits under this chapter may decline to accept all or any part of such benefits by a waiver signed and filed with the Board. Such waiver may be revoked in writing at any time, but no payment of the benefits waived shall be made covering the period during which such waiver was in effect.
16 Del. C. § 7407B — Delaware Code / Title 16 / Chapter 74B / Section 7407B
§ Â
        7407B. Exemptions.
Status: in_force

This chapter does not apply to construction, reconstruction, operation or maintenance of overhead electrical or communication circuits or conductors and their supporting structures or electrical generating, transmission or distribution systems or communication systems by an authorized person or to any other acts performed within the scope of employment of an authorized person and requiring such authorized person to work in contact with or in proximity to such overhead circuits, conductors, structures and systems.
16 Del. C. § 3002E — Delaware Code / Title 16 / Chapter 30E / Subchapter I / Section 3002E
§ Â
        3002E. Responsibilities of the Department of Education.
Status: in_force

The Department of Education shall adopt rules and regulations regarding emergency medication, including but not limited to the training of trained persons and documentation thereof; and the storage, provision and administration of emergency medication and documentation thereof.
16 Del. C. § 2504 — Delaware Code / Title 16 / Chapter 25 / Section 2504
§ Â
        2504. Presumption of capacity; overcoming presumption.
Status: in_force

(a) An individual is presumed to have capacity to make or revoke a health-care decision, health-care instruction, and power of attorney for health care unless either of the following:

(1) A court has found the individual lacks capacity to do so.

(2) The presumption is rebutted under subsection (b) of this section.

(b) Subject to §§ 2505 and 2506 of this title and subsection (c) of this section, a presumption under subsection (a) of this section may be rebutted by a finding that the individual lacks capacity:

(1) Made on the basis of a contemporaneous examination by any of the following individuals who must be licensed or otherwise authorized to practice in this State and must have training and expertise in the finding of lack of capacity:

a. A physician.

b. A psychologist.

c. A physician assistant.

d. An advanced practice registered nurse.

e. A licensed clinical social worker.

f. A responsible health-care professional not described in paragraphs (b)(1)a. through (b)(1)e. of this section if both of the following:

1. The individual about whom the finding is to be made is experiencing a health condition requiring a decision regarding health-care treatment to be made promptly to avoid loss of life or serious harm to the health of the individual.

2. An individual listed in paragraphs (b)(1)a. through (b)(1)e. of this section is not reasonably available.

(2) Made in accordance with accepted standards of the profession and the scope of practice of the individual making the finding and to a reasonable degree of certainty; and

(3) Documented in a record signed by the individual making the finding that includes an opinion of the cause, nature, extent, and probable duration of the lack of capacity.

(c) The finding under subsection (b) of this section may not be made by any of the following:

(1) A family member of the individual presumed to have capacity.

(2) The cohabitant of the individual or a descendant of the cohabitant.

(3) The individual’s surrogate, a family member of the surrogate, or a descendant of the surrogate.

(d) If the finding under subsection (b) of this section was based on a condition the individual no longer has or a responsible health-care professional subsequently has good cause to believe the individual has capacity, the individual is presumed to have capacity unless a court finds the individual lacks capacity or the presumption is rebutted under subsection (b) of this section.
16 Del. C. § 3105 — Delaware Code / Title 16 / Chapter 31 / Subchapter I / Section 3105
§ Â
        3105. State Registrar of Vital Statistics; duties.
Status: in_force

(a) The Director of the Division of Public Health of the Department of Health and Social Services shall be the State Registrar and shall:

(1) Direct and supervise the system of vital statistics and the Office of Vital Statistics and be custodian of its records.

(2) Direct, supervise and control the activities of all persons when they are engaged in activities pertaining to the operation of the system of vital statistics.

(3) Conduct training programs to promote uniformity of policy and procedures throughout the State in matters pertaining to the system of vital statistics.

(4) Prescribe, with the approval of the Department, furnish and distribute such forms as are required by this chapter and the rules and regulations issued hereunder, or prescribe such other means for transmission of data as will accomplish the purpose of complete and accurate reporting and registration.

(5) Prepare and publish reports of vital statistics of this State and such other reports as the Registrar may deem necessary.

(b) The Delaware Health Statistics Center within the Division of Public Health shall have responsibility for the statistical analysis of vital statistics data and shall prepare and publish vital statistics reports of this State. The State Registrar may establish or designate other offices in the State to aid in the efficient administration of the system of vital statistics.

(c) The central office and each branch office of the Office of Vital Statistics shall offer voluntary paternity acknowledgment services, as described in § 3121(c) and (d) of this title, to the mother and putative father of a child born to unmarried parents.

(d) The State Registrar may delegate such functions and duties vested in the Registrar to employees of the Office of Vital Statistics and to employees of any office established or designated under subsection (b) of this section.
16 Del. C. § 212 — Delaware Code / Title 16 / Chapter 2 / Subchapter II / Section 212
§ Â
        212. Definitions [Transferred].
Status: in_force

Transferred to § 3103A of Title 14 by 83 Del. Laws, c. 213, § 2, effective Sept. 30, 2021.
16 Del. C. § 5183 — Delaware Code / Title 16 / Chapter 51 / Subchapter VII / Section 5183
§ Â
        5183. Devolution of rights.
Status: in_force

Consistent with the nature of each right in § 5182 of this title, the entitlement may devolve to the patient representative. Authority to act on behalf of patients who are minors may be exercised by the minor’s parent, guardian, or custodian. Authority to act on behalf of an adult patient may be exercised by a guardian acting within the scope of appointment or through an agent acting pursuant to a valid power of attorney, health-care directive, or similar instrument. In the absence of such authorized representative, if the patient’s physician determines that the patient is incapable of exercising rights under this subchapter due to mental or physical incapacity, authority to exercise rights under this subchapter will be determined under § 2512 of this title.
16 Del. C. § 913 — Delaware Code / Title 16 / Chapter 9 / Subchapter I / Section 913
§ Â
        913. Child under treatment by spiritual means not neglected.
Status: in_force

No child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for that reason alone be considered a neglected child for the purposes of this chapter.
16 Del. C. § 1011 — Delaware Code / Title 16 / Chapter 10 / Subchapter I / Section 1011
§ Â
        1011. Compliance.
Status: in_force

All hospitals must comply with applicable federal, state, county and local laws and regulations.
16 Del. C. § 3044F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3044F
§ Â
        3044F. Specifications for the humane handling, care, and treatment of dogs.
Status: repealed

(a) General facilities. — (1) Structural strength. — Housing facilities for dogs shall be designed and constructed so that they are structurally sound. They shall have no sharp points or edges that could injure the dogs, and they shall contain the dogs securely and restrict other animals from entering.

(2) Storage. — Supplies of food and bedding shall be stored in a manner that protects the supplies from spoilage, contamination, and vermin infestation. Foods requiring refrigeration shall be stored accordingly.

(3) Drainage and waste disposal. — Provision shall be made for the regular collection, removal, and disposal of animal and food wastes, bedding, debris, and dead animals in a manner that minimizes contamination and disease risks. If housing facilities are equipped with disposal facilities and drainage systems, they shall be constructed and operated so that animal wastes and water are rapidly eliminated and the dogs stay dry. All drains shall be properly constructed, installed, and maintained. If closed drainage systems are used, they shall be equipped with traps and prevent the backflow of gases and the backup of sewage onto the floor.

(b) Indoor housing facilities. — (1) Heating, cooling, and temperature. — Indoor housing facilities for dogs shall be sufficiently heated and cooled when necessary to protect the dogs from temperature extremes and to provide for their health and well-being. When dogs are present, the ambient temperature in the facility shall not be allowed to fall below 50°F (10°C) for dogs not acclimated to lower temperatures and for those breeds that cannot tolerate lower temperatures without stress or discomfort, such as short-haired breeds. Dry bedding or other methods of conserving body heat shall be provided when temperatures are below 50°F (10°C). The ambient temperature shall not fall below 45°F (7.2°C) for more than 4 consecutive hours when dogs are present, and shall not rise above 85°F (29.5°C) for more than 4 consecutive hours when dogs are present.

(2) Ventilation. — Indoor housing facilities for dogs shall be sufficiently ventilated when dogs are present to provide for their health and well-being, and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation shall be provided by windows, vents, fans, or air conditioning.

(3) Lighting. — Indoor housing facilities for dogs shall have ample lighting by natural or artificial means. Lighting in indoor housing facilities shall be sufficient to allow observation of the physical condition of the dogs so housed, and to permit routine inspection and cleaning of the facility. Dogs housed in these facilities shall be provided a regular diurnal lighting cycle of either natural or artificial light. Primary enclosures shall be placed so as to protect the dogs from excessive light.

(4) Interior surfaces. — The floors and walls of indoor housing facilities shall be constructed and maintained so that they are substantially impervious to moisture and may be readily sanitized.

(c) Outdoor housing facilities. — (1) Restrictions. — No dog shall be confined outside and unattended during any period in which a hazardous weather advisory or warning has been issued by the National Weather Service for the local area or where conditions pose a serious adverse risk to the health and safety of a dog. For purposes of this section, the definition of “outside and unattended” shall mean any dog that is exposed to the elements for a duration of longer than 15 minutes and not in visual range and physical presence of the owner. This expressly includes, but is not limited to, a dog in a yard or a dog that is tethered. A dog shall be considered outside regardless of access to an outdoor dog house or similar structure. However, a dog actively engaged in the protection of livestock, farm property, or poultry shall not be considered to be “outside and unattended” provided that such dog has uninterrupted access to enter a dry agricultural building such as a barn.

(2) Shelter from the elements. — Dogs shall be provided with proper shelter to protect them against inclement weather, preserve their body heat, and allow them to remain dry during rain or snow. The shelter shall be substantially moisture proof and windproof structure of suitable size to accommodate the dog and allow retention of body heat. It shall be made of durable material with a solid, moisture-proof floor raised off the ground, and contain sufficient clean and moisture-resistant bedding material or other means of protection from the weather. Additional bedding material and a windbreak, such as a flap or tarp at the entrance, shall be provided between November 1 and March 31 or when the temperature is 35°F (1.7°C) or lower.

(3) Shelter from sunlight. — In addition to the shelter structure, 1 or more separate outside areas of shade shall be provided to allow the dogs to protect themselves when sunlight is likely to cause overheating or discomfort.

(4) Construction. — Housing facilities for dogs shall be constructed to provide for the health and comfort of the animals. The floors and walls of outdoor housing facilities shall be constructed and maintained so that they are structurally sound, substantially impervious to moisture, wind, and may be readily sanitized. A dog house shall not be constructed primarily of metal. Mobile or traveling housing facilities, barrels, cars, refrigerators or freezers, and the like shall not constitute proper shelter.

(5) Dogs shall be provided access to food and water under paragraphs (e)(2) through (e)(4) of this section in a manner in which the contents will not freeze.

(d) Primary enclosures. — (1) Space requirements. — Primary enclosures shall be constructed and maintained to provide sufficient space to allow each dog to turn about freely and to stand erect, sit, and lie down in a comfortable, normal position. Each dog housed in a primary enclosure shall be provided with a minimum amount of floor space, which shall be calculated according to the procedure prescribed in 9 C.F.R. § 3.6(c)(1).

(2) Space requirements when nursing puppies. — Each bitch with nursing puppies shall be provided with an additional amount of floor space, based on her breed and behavioral characteristics, and in accordance with generally accepted husbandry practices. If the additional amount of floor space for each nursing puppy is less than 5% of the minimum requirement for the bitch, the housing shall be approved by a licensed veterinarian.

(3) Height. — The interior height of a primary enclosure shall be at least 6 inches higher than the head of the tallest dog in the enclosure when it is in a normal standing position.

(4) Use of tethers. — Tethers shall be attached so that the dog cannot become entangled with other objects or come into physical contact with other dogs, and so the dog can roam to the full range of the tether. The tether shall be of a type commonly used for the size dog involved, made of material not normally susceptible to being severed by the dog through chewing or otherwise. Tethers shall be attached to the dog by means of a well-fitted collar that will not cause trauma or injury to the dog. Tethers shall not be attached to a choke, pinch, prong, or martingale collar. The tether shall be a minimum of 10 feet in length and allow the dog convenient access to the dog house and to food and water containers. The dog may not be tethered for more than 2 hours when the dog owner or a responsible person is not present on the property.

(5) Wire flooring. — A dog may not be sheltered in a primary enclosure having only wire flooring.

(6) [Repealed.]

(e) Animal health and husbandry standards. — (1) Compatible grouping. — Dogs that are housed in the same primary enclosure shall be compatible with the following restrictions:

a. Females in heat may not be housed in the same primary enclosure with males, except for breeding purposes.

b. Any dog exhibiting a vicious or overly aggressive disposition shall be housed separately.

c. Puppies 4 months of age or less may not be housed in the same primary enclosure with adult dogs other than their dams or foster dams.

d. Dogs may not be housed in the same primary enclosure with any other animal species, unless they are compatible.

e. Dogs under quarantine or treatment for a communicable disease shall be separated from other dogs and other susceptible animal species in such a manner as to minimize the dissemination of such disease.

(2) Feeding. — Dogs shall be fed at least once each day, except as otherwise might be required to provide adequate veterinary care. The food shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to maintain the normal condition and weight of the dog. The diet shall be appropriate for the individual dog’s age and condition.

(3) Food receptacles. — Food receptacles shall be readily accessible to all dogs and shall be located so as to minimize contamination by excreta. The receptacles shall be durable and shall be kept clean. The food receptacles shall be sanitized at least once per week. Disposable food receptacles may be used but shall be discarded after each feeding. Self-feeders may be used for the feeding of dry food but shall be sanitized regularly to prevent molding, deterioration, or caking of feed.

(4) Watering. — If potable water is not continually available to the dogs, it shall be offered to the dogs as often as necessary to ensure their health and well-being. Watering receptacles shall be kept clean and shall be sanitized at least once per week.

(5) Cleaning of primary enclosure. — Excreta and food waste shall be removed from a primary enclosure, including any floor area or ground surface beneath the primary enclosure, on a daily basis. When steam or water is used to clean the primary enclosure, whether by hosing, flushing, or other methods, dogs shall be removed, unless the enclosure is large enough to ensure that the dogs will not be harmed, wetted, or distressed in the process. Standing water shall be removed from the primary enclosure and dogs in other primary enclosures shall be protected from being contaminated with water and other wastes during the cleaning.

(6) Housekeeping for premises. — Premises where housing facilities are located, including buildings and surrounding grounds, shall be kept clean and in good repair to protect the dogs from injury and to facilitate the husbandry practices set forth in this section.

(f) Civil penalties. — An owner who refuses, fails or neglects to comply with this section shall be penalized as follows:

(1) For a first violation, a civil penalty of $100 in addition to costs.

(2) For a second violation, a civil penalty of $250 in addition to costs.

(3) For each subsequent violation, a civil penalty of $500 in addition to costs.
16 Del. C. § 1208A — Delaware Code / Title 16 / Chapter 12A / Section 1208A
§ Â
        1208A. Failure to provide notice.
Status: in_force

A receiving medical care facility or officer designated pursuant to § 1202A(b) of this title, acting in good faith to provide notification in accordance with this chapter, shall not be liable in any cause of action for failure to give the required notice if the emergency medical care provider fails to properly initiate the notification procedures pursuant to § 1202A of this title.
16 Del. C. § 7416 — Delaware Code / Title 16 / Chapter 74 / Section 7416
§ Â
        7416. Penalties; jurisdiction of Superior Court.
Status: in_force

Whoever violates any of this chapter or rules, regulations or orders of the Authority shall be assessed an administrative penalty in an amount not to exceed $500 for a first offense, an amount not to exceed $750 for any subsequent offense. Each violation shall be considered a separate offense.
16 Del. C. § 7123 — Delaware Code / Title 16 / Chapter 71A / Section 7123
§ Â
        7123. Sale outside of Delaware.
Status: in_force

Nothing in this chapter shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of § 7117 of this title if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States, and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this State.
16 Del. C. § 1206 — Delaware Code / Title 16 / Chapter 12 / Subchapter I / Section 1206
§ Â
        1206. Subchapter applicability.
Status: in_force

This subchapter applies only to genetic information or samples that can be identified as belonging to an individual or family. This subchapter does not apply to any law, contract or other arrangement that determines a person’s rights to compensation relating to substances or information derived from a sample of an individual from which genetic information has been obtained.
16 Del. C. § 4781 — Delaware Code / Title 16 / Chapter 47 / Subchapter VI / Section 4781
§ Â
        4781. Powers of enforcement personnel.
Status: in_force

Any officer or employee of the Secretary designated by the Secretary shall:

(1) Execute and serve administrative inspection warrants, subpoenas and summonses issued under the authority of this State;

(2) Make seizures of property pursuant to this chapter;

(3) Have all powers of constables and other police officers of the State, counties and other subdivisions of the State; and

(4) Suppress all acts of violence and enforce this chapter.
16 Del. C. § 1003 — Delaware Code / Title 16 / Chapter 10 / Subchapter I / Section 1003
§ Â
        1003. License requirement.
Status: in_force

(a) No person shall construct, establish, conduct or maintain a hospital in this State without a license being issued under this chapter.

(b) A license is not transferable from person to person or entity to entity.

(c) Separate licenses.

(1) Separate licenses are required for hospitals maintained on separate premises, even though both hospitals may be operated under the same management.

(2) Separate licenses are not required for separate buildings on the same grounds or adjoining grounds, if the buildings are operated under 1 management.

(3) All off-site ambulatory care service facilities must be licensed as free-standing facilities if identified as such in § 122(3) of this title.
16 Del. C. § 102 — Delaware Code / Title 16 / Chapter 1 / Subchapter I / Section 102
§ Â
        102. Headquarters.
Status: in_force

The Department shall establish headquarters in the City of Dover and if no suitable place shall be provided in the State House or in other state property, the Department shall have authority to select some suitable place for the establishment of such headquarters.
16 Del. C. § 121 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 121
§ Â
        121. Successor to powers of abolished health and welfare agencies.
Status: in_force

All the rights, powers, duties, obligations and authority belonging to or vested in the Child Welfare Commission, the Tuberculosis Commission or the State Health and Welfare Commission, prior to May 21, 1941, are transferred to and vested in the Department as successor to those commissions. The Department is clothed with all the power and authority necessary for the competent discharge of the duties imposed upon it.
16 Del. C. § 3201 — Delaware Code / Title 16 / Chapter 32 / Section 3201
§ Â
        3201. Short title.
Status: in_force

This chapter may be cited as the “Delaware Cancer Control Act.”
16 Del. C. § 4303 — Delaware Code / Title 16 / Chapter 43 / Section 4303
§ Â
        4303. Soft drinks sold but not manufactured in this State; inspection, registration and license.
Status: in_force

No soft drink or other nonalcoholic beverage (except apple cider) not manufactured in this State shall be sold or offered for sale in this State unless such drink or beverage is first inspected and registered with the Department of Health and Social Services. A license fee of $57.50, which may be renewed annually, shall be paid by the manufacturer or the manufacturer’s agent or dealer to the Department of Health and Social Services.
16 Del. C. § 213 — Delaware Code / Title 16 / Chapter 2 / Subchapter II / Section 213
§ Â
        213. Powers and duties [Transferred].
Status: in_force

Transferred to § 3104A of Title 14 by 83 Del. Laws, c. 213, § 2, effective Sept. 30, 2021.
16 Del. C. § 927 — Delaware Code / Title 16 / Chapter 9 / Subchapter II / Section 927
§ Â
        927. Automatic stay of substantiation proceedings.
Status: in_force

(a) Proceedings under §§ 925 and 925A of this title, including the duty to file a Petition for Substantiation, are automatically stayed in any matter in which a criminal or delinquency proceeding involving the same incident of abuse or neglect is pending. The time to file a Petition for Substantiation under § 925 of this title shall begin upon conclusion of the criminal or delinquency proceeding.

(b) Conviction of a crime involving the same incident of abuse or neglect is final, binding and determinative of the issue of abuse or neglect and of the person’s entry on the Registry at the Child Protection Level designated for such offense.

(c) Upon conclusion of a criminal or delinquency proceeding involving the same allegations or facts as those alleged in the incident of abuse or neglect, if the accused is acquitted of the charge or the charge is dismissed and the Department intends to pursue substantiation, the acquittal or dismissal does not automatically work as issue or claim preclusion against a civil finding of abuse or neglect, nor does it prevent the taking of evidence, notwithstanding any other law to the contrary.
16 Del. C. § 1169 — Delaware Code / Title 16 / Chapter 11 / Subchapter VII / Section 1169
§ Â
        1169. Regulations.
Status: in_force

The Department shall promulgate and adopt rules and regulations to fully and effectively implement the provisions of this subchapter. The regulations will become effective 60 days after adopted by the Department.
16 Del. C. § 2742 — Delaware Code / Title 16 / Chapter 27 / Subchapter III / Section 2742
§ Â
        2742. Definitions.
Status: in_force

For purposes of this subchapter:

(1) “Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation or transfusion.

(2) “Auxiliary aids and services” includes any or all of the following:

a. Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments.

b. Qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments.

c. Provision of information in a format that is accessible for individuals with cognitive, neurological, developmental, and/or intellectual disabilities.

d. Provision of supported decision-making services.

e. Acquisition or modification of equipment or devices.

f. Services and actions similar to those described in paragraphs (2)a. through (2)e. of this section.

(3) “Covered entity” means:

a. Any licensed provider of health-care services, including licensed health-care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and prison health centers; or

b. Any entity responsible for matching anatomical gift donors to potential recipients.

(4) “Disability” shall have the same meaning set forth in the Americans with Disabilities Act Americans with Disabilities Act of 1990 (ADA), as amended by the ADA Amendments Act of 2008, at 42 U.S.C. § 12102.

(5) “Organ transplant” means the transplantation or transfusion of a part of a human body into the body of another for the purpose of treating or curing a medical condition.

(6) “Qualified individual” means an individual who, with or without the support networks available to them, provision of auxiliary aids and services, and/or reasonable modifications to policies or practices, meets the essential eligibility requirements for the receipt of an anatomical gift.

(7) The phrase “reasonable modifications to policies or practices” includes:

a. Communication with individuals responsible for supporting an individual with post-surgical and post-transplantation care, including medication.

b. Consideration of support networks available to the individual, including family, friends, and home and community-based services, including home and community-based services funded through Medicaid, Medicare, another health plan in which the individual is enrolled, or any program or source of funding available to the individual, in determining whether the individual is able to comply with post-transplant medical requirements.

(8) The term “supported decisionmaking” includes use of a support person to assist an individual in making medical decisions, communicate information to the individual, or ascertain an individual’s wishes, including:

a. Inclusion of the individual’s attorney-in-fact, health-care proxy, or any person of the individual’s choice in communications about the individual’s medical care;

b. Permitting the individual access to a person of their choice for the purposes of supporting that individual in communicating, processing information, or making medical decisions;

c. Provision of auxiliary aids and services to facilitate the individual’s ability to communicate and process health-related information, including use of assistive communication technology;

d. Provision of information to persons designated by the individual, consistent with the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. § 1301 et seq., and other applicable laws and regulations governing disclosure of health information;

e. Provision of health information in a format that is readily understandable by the individual;

f. If the individual has a court-appointed guardian or other individual responsible for making medical decisions on behalf of the individual, any measures to ensure that the individual is included in decisions involving that individual’s own health care and that medical decisions are in accordance with the individual’s own expressed interests.
16 Del. C. § 5505 — Delaware Code / Title 16 / Chapter 55 / Subchapter I / Section 5505
§ Â
        5505. Qualified guardians.
Status: in_force

Persons diagnosed with intellectual disabilities or other specific developmental disabilities have a right to a qualified guardian when this is required to protect their personal well-being and interests. No person or agency rendering direct services to a person diagnosed with an intellectual disability or other specific developmental disabilities shall also serve as such person’s guardian.
16 Del. C. § 3309 — Delaware Code / Title 16 / Chapter 33 / Section 3309
§ Â
        3309. Misbranding of food.
Status: in_force

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

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

(2) If it is labeled or branded so as to deceive or mislead the purchaser or purports to be a foreign product when not so or if the contents of the package as originally put up were removed in whole or in part and other contents were placed in such package or if it fails to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate or acetanilide, or any derivative or preparation of any of such substances contained therein;

(3) If in package form, the quantity of the contents is not plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count;

(4) If the package containing it or its label bears any statement, design or device regarding the ingredients or the substances contained therein, which statement, design or device is false or misleading in any particular;

(5) If it is obtained by the dealer in frozen bulk form and is subsequently thawed and offered for sale in a package or bearing a label indicating such food to be fresh.
16 Del. C. § 9202 — Delaware Code / Title 16 / Chapter 92 / Section 9202
§ Â
        9202. Short title.
Status: in_force

This chapter may be referred to and cited as the “Health Facilities Act.”
16 Del. C. § 9606A — Delaware Code / Title 16 / Chapter 96A / Section 9606A
§ Â
        9606A. Prohibitions.
Status: in_force

(a) A designated beneficiary may have only 1 account.

(b) No account nor any interest in an account may be used as security for a loan.

(c) Total contributions on behalf of a designated beneficiary may not exceed the limit established under subchapter XII, Chapter 34 of Title 14.

(d) Except as permitted by the federal ABLE Act, no person shall have the right to direct the investment of any contributions to or earnings from the Program.
16 Del. C. § 3004G — Delaware Code / Title 16 / Chapter 30G / Section 3004G
§ Â
        3004G. Opioid antagonists; administration.
Status: in_force

An individual who has completed an approved training program under § 3003G of this title may receive, carry, and administer an opioid antagonist to an individual who is believed to be experiencing an opioid overdose.
16 Del. C. § 7117 — Delaware Code / Title 16 / Chapter 71A / Section 7117
§ Â
        7117. Test method and performance standard.
Status: in_force

(a) Except as provided in subsection (g) of this section, no cigarettes may be sold or offered for sale in this State or offered for sale or sold to persons located in this State unless such cigarettes have been tested in accordance with the test method and meet the performance standard specified in this subsection; and a written certification has been filed by the manufacturer with the State Fire Marshal in accordance with § 7118 of this title, and the cigarettes have been marked in accordance with § 7119 of this title.

(1) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) standard E2187-04 “Standard Test Method for Measuring the Ignition Strength of Cigarettes.”

(2) Testing shall be conducted on 10 layers of filter paper.

(3) No more than 25 percent of the cigarettes tested in a test trial in accordance with this subsection shall exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested.

(4) The performance standard required by this subsection shall only be applied to a complete test trial.

(5) Written certification shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization (ISO), or other comparable accreditation standard required by the State Fire Marshal.

(6) Laboratories conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of testing results. The repeatability value shall be no greater than 0.19.

(7) This section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose.

(8) Testing performed or sponsored by the State Fire Marshal to determine a cigarette’s compliance with the performance standard required shall be conducted in accordance with this section.

(b) Each cigarette listed in a certification submitted pursuant to § 7118 of this title that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least 2 nominally identical bands on the paper surrounding the tobacco column. At least 1 complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design there shall be at least 2 bands fully located at last 15 millimeter from the lighting end and 10 millimeters from the filter end of the tobacco column, or 10 millimeters from the labeled end of the tobacco column for a nonfiltered cigarette.

(c) The manufacturer or manufacturers of a cigarette that the State Fire Marshal determines cannot be tested in accordance with the test method prescribed in subsection (a) of this section shall propose a test method and performance standard for such cigarette to the State Fire Marshal. Upon approval of the proposed test method and a determination by the State Fire Marshal that the performance standard proposed by the manufacturer or manufacturers is equivalent to the performance standard prescribed in paragraph (a)(3) of this section, the manufacturer or manufacturers may employ such test method and performance standard to certify such cigarette pursuant to § 7118 of this title. If the State Fire Marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter, and the State Fire Marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state’s law or regulation under a legal provision comparable to this section, then the State Fire Marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this State, unless the State Fire Marshal demonstrates a reasonable basis why the alternative test should not be accepted under this chapter. All other applicable requirements of this section shall apply to such manufacturer or manufacturers.

(d) In order to ensure compliance with the performance standard specified in subsection (a) or (c) of this section, data from testing conducted by manufacturers to comply with this performance standard shall be kept on file by such manufacturers for a period of 3 years and shall be sent to the State Fire Marshal upon its request, and to the Office of the Attorney General upon its request. Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a civil penalty not to exceed $10,000 for each day after the sixtieth day that the manufacturer does not make such copies available.

(e) The State Fire Marshal may adopt a subsequent ASTM Standard Test Method for Measuring Ignition Strength of Cigarettes upon a finding that such subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04.

(f) As of January 1, 2010, and at least every 3 years thereafter, the State Fire Marshal shall undertake a review of the effectiveness of this chapter and report its findings to the legislature. Based upon such review, the State Fire Marshal may recommend legislation to improve the effectiveness of this chapter. The report and legislative recommendations shall be submitted no later than June 30 following the conclusion of each 3-year period.

(g) The requirements of subsection (a) of this section shall not prohibit:

(1) Wholesale or retail dealers from selling their existing inventory of cigarettes on or after January 1, 2009, if the wholesale or retailer dealer can establish that state tax stamps were affixed to the cigarettes prior to January 1, 2009, and if the wholesale or retail dealer can establish that the inventory was purchased prior to January 1, 2009, in comparable quantity to the inventory purchased during the same period of the prior year.

(2) The sale of cigarettes solely for the purpose of consumer testing. For purposes of this subsection, the term “consumer testing” shall mean an assessment of cigarettes that is conducted by a manufacturer (or under the control and direction of a manufacturer), for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment, and in a controlled setting where the cigarettes are either consumed on-site or returned to the testing administrators at the conclusion of testing.

(h) This chapter shall be implemented in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes.
16 Del. C. § 9410A — Delaware Code / Title 16 / Chapter 94A / Section 9410A
§ Â
        9410A. Forms; regulatory authority.
Status: in_force

(a) The Department of Health and Social Services shall develop the forms necessary to implement this chapter.

(b) The Secretary of the Department of Health and Social Services may promulgate regulations necessary to implement this chapter.
16 Del. C. § 7314 — Delaware Code / Title 16 / Chapter 73 / Section 7314
§ Â
        7314. Penalties.
Status: in_force

Notwithstanding § 7311 of this title, persons who do not comply with labeling and/or certification provisions of §§ 7312 and 7313 of this title shall be punished by a fine of not less than $25 or more than $200, or by imprisonment for not more than 1 month, or by both such fine and imprisonment; and upon a subsequent conviction thereof, they shall be punished by a fine of not less than $50 or more than $500, or by imprisonment for not more than 6 months, or by both such fine and imprisonment. The Superior Court shall have jurisdiction to adjudicate offenses under this section.
16 Del. C. § 9606 — Delaware Code / Title 16 / Chapter 96 / Section 9606
§ Â
        9606. Food service in public buildings.
Status: in_force

(a) If an agency of this State intends to operate or continue food service in a public building, that agency shall procure the food service from the Delaware Division for the Visually Impaired under the vending facility program authorized by 20 U.S.C. § 107 et seq. An agency may not charge the Division for the Visually Impaired or its food service vendors rent for food service operations operated under this section. In the event the Delaware Division for the Visually Impaired certifies in writing that it is unable to provide food service to an agency of this State who requests the service, the agency may seek food service from another provider.

(b) This section does not impair any contracts by agencies of this State validly existing prior to July 11, 1988; however, at the expiration of such existing contracts, the mandates contained in this section shall be binding on the agency.

(c) This section does not apply to any office building owned or leased by any county or municipal corporation, or any building leased, used, or owned by any institution of higher education.

(d) Notwithstanding any provision of subsection (a) of this section to the contrary:

(1) Any provision of 20 U.S.C. § 107 et seq. that limits accrual of vending machine income to the Division for the Visually Impaired on the basis of the annual income from such vending machines is not incorporated into the laws of this State by this section.

(2) Any provision of 20 U.S.C. § 107 et seq. that governs the use of vending machine income which accrues to the Division for the Visually Impaired is not incorporated into the laws of this State by this section.

(e) The Secretary of the Department of Health and Social Services shall have the power to promulgate all rules and regulations necessary to accomplish the purposes of this section.
16 Del. C. § 106 — Delaware Code / Title 16 / Chapter 1 / Subchapter I / Section 106
§ Â
        106. Prosecutions and proceedings for violations; disposition of fines.
Status: in_force

All prosecutions and proceedings instituted by the Department or Division for the violation of any law or laws to be enforced by the Department or Division, or for the violation of any order or regulation of the Department or Division shall be instituted by the Secretary or the Secretary’s designated representative. All laws prescribing the modes of procedure and penalties or judgments applicable to local boards of health shall apply to the Department or Division and the violation of its laws and orders. All fines or judgments collected or received shall be paid over to the State Treasurer, and applied to the General Fund of the State.
16 Del. C. § 1145 — Delaware Code / Title 16 / Chapter 11 / Subchapter V / Section 1145
§ Â
        1145. Criminal background checks.
Status: repealed

(a) Purpose. —

The purpose of the criminal background check and drug screening requirements of this section and § 1146 of this title is the protection of the safety and well-being of residents of this State who use the services of home health agencies, hospice agencies, or personal assistance services agencies licensed under this title or who employ a person to provide care in a private residence. These sections must be construed broadly to accomplish this purpose.

(b) Definitions. —

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

a. A person seeking employment with an employer.

b. A current employee who seeks a promotion from an employer.

c. A self-employed person seeking employment in a private residence for the purpose of providing services to protect the health, safety, and well-being of an individual who requires home health-care service as defined in § 122(3)m, § 122(3)o., or § 122(3)x. of this title.

d. A current employee of an employer who the Department has a reasonable basis to suspect has been arrested for a disqualifying crime since becoming employed.

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

(2) “Authorized representative” means an individual who has the highest priority to act for the patient under law, and who has the authority to make decisions with respect to the patient’s health-care preferences. The patient’s authorized representative can be 1 of the following:

a. An agent designated by a patient under an “advance health-care directive,” as defined under § 2502 of this title.

b. A guardian of the person appointed under Chapter 39 or 39A of Title 12, in accordance with the authority granted by the court.

c. A default surrogate under Chapter 25 of this title.

d. An individual who is otherwise authorized under applicable law to make health-care decisions on the patient’s behalf, if the patient lacks decision-making capacity.

(3) “Background Check Center (BCC)” means the electronic system which combines the data streams from various sources within and outside the State in order to assist an employer in determining the suitability of a person for employment in a home-care agency or private residence.

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

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

(6) “Employer” means a home-care agency; a management company that contracts to provide services on behalf of a home-care agency; or other business entity, including a temporary employment agency, that contracts to provide services on behalf of a home-care agency.

(7) “Home-care agency” means all programs or agencies licensed under § 122(3)m., § 122(3)o., or § 122(3)x. of this title that provide services to individuals in their private residence.

(8) “Private residence” means the domicile of the individual in need of care, either personally owned by that individual or considered the place of residence of that individual.

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

(c) An employer may not employ an applicant for work in a private residence before obtaining a criminal history. Upon request, the criminal history must be provided to the person for whom the services are to be provided, or to the person’s authorized representative upon the applicant’s commencement of work.

(d) A private individual seeking to hire or employ a self-employed individual to provide services in a private residence may secure access to the BCC from the Department.

(1) The BCC user fee shall be set by regulation, but may not exceed that charged to an employer.

(2) The cost of the criminal background check from SBI or drug screening must be borne by the person making the request.

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

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

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

(f) An employer, other than a private person, may not employ or continue to employ an individual with a conviction deemed disqualifying by the Department’s regulations.

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

(h) The criminal history provided to the employer is strictly confidential. It may be used solely to determine the suitability of an applicant for employment or continued employment.

(i) No applicant is permitted to be employed by an employer other than conditionally under subsection (e) of this section until the applicant’s employer has secured the applicant’s criminal history.

(j) Before an applicant may be employed by an employer, the applicant must, upon request, do any of the following:

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

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

(3) Execute a full release giving the employer permission to provide the criminal history to the person for whom the services are to be provided, or to the person’s authorized representative.

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

(l), (m) [Repealed.]

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

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

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

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

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

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

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

(7) Other provisions required to achieve the purpose of this section.
16 Del. C. § 6661 — Delaware Code / Title 16 / Chapter 66A / Section 6661
§ Â
        6661. Volunteer Firemenâs Pension Fund established.
Status: in_force

There shall be established a Volunteer Firemen’s Pension Fund, hereinafter referred to as “Fund,” to which the employer and member contributions shall be deposited annually and to which earnings on investments, any other contributions, gifts, donations, grants, refunds and reimbursements shall be deposited upon receipt and from which benefits shall be paid and fees and expenses authorized by the Board shall be paid. Subject to Internal Revenue Code § 457(e)(11) [26 U.S.C. § 457(e)(11)], the assets of the Fund will be invested by the Board as provided for by § 8308 of Title 29. The assets of the Fund are held in trust and may not be used for or diverted to any purpose other than for the exclusive benefit of the members.
16 Del. C. § 1104 — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1104
§ Â
        1104. License and renewal application.
Status: in_force

(a) An application for a license or renewal of a license shall be submitted to the Division on forms provided by the Division and must be accompanied by the applicable license fee.

(b) In addition to the general information requested on the application forms, the applicant or license holder must furnish evidence to affirmatively establish the applicant’s or license holder’s ability to comply with all of the following:

(1) Minimum standards of medical care or nursing care, as applicable by type of facility.

(2) Financial capability.

(3) Any other applicable state and federal laws and regulations for that category of facility.

(c) The Department shall consider the background and qualifications of the applicant or license holder and it may also consider the background and qualifications of all of the following:

(1) Any partner, officer, director, or managing employee of the applicant or license holder.

(2) Any person who owns or controls the physical plant in which the facility operates or is to operate.

(3) Any controlling person with respect to the facility for which a license or license renewal is requested.

(d) In making the evaluation described in subsection (c) of this section, the Department shall require the applicant or license holder to file a sworn affidavit of a satisfactory compliance history and any other information required by the Department to substantiate a satisfactory compliance history relating to each state or other jurisdiction in which the applicant operated a facility any time during the 5-year period preceding the date on which the application is made. The Department by regulation shall define what constitutes a satisfactory compliance history. The Department may also require the applicant to file information relating to its financial condition during the 5-year period preceding the date on which the application is made. The Department may also request any of the above-described information about any other person described by subsection (c) of this section.

(e) The Department may monitor the financial capability and financial health of licensed long-term care facilities. The Department shall promulgate regulations regarding the financial disclosure requirements for long-term care facilities and documents provided are not public records under the Freedom of Information Act, Chapter 100 of Title 29.

(f) (1) The license shall terminate if and when there is a transfer of a long-term care facility to another person or controlling person or the business ceases legal existence or discontinues operation.

(2) No license granted by the Department shall be assigned or otherwise transferred to another person or controlling person.

(g) The Department shall grant an initial license to any newly established long-term care facility, provided that the requirements of this section are met. The term of such initial license may be no more than 365 days.

(h) A license, unless sooner suspended or revoked, may be renewed annually upon filing by the licensee and payment of an annual licensure fee. A provisional license, as authorized by the Department, may be issued when requirements are not met and the annual licensure fee has been submitted. A long-term care facility which has been issued a provisional license shall resubmit the application fee for re-inspection prior to the issuance of an annual license.
16 Del. C. § 7113 — Delaware Code / Title 16 / Chapter 71 / Section 7113
§ Â
        7113. Penalties.
Status: in_force

Any person violating this chapter, other than § 7103 of this title, or any rules or regulations made thereunder:

(1) Shall for each offense be punished by a fine of not more than $2,000 or by imprisonment for not more than 1 year, or by both such fine and imprisonment, and any license issued under this chapter shall be subject to revocation for such period as the applicable issuing authorities deem appropriate;

(2) And, if such violation was committed with the knowledge or intent that any explosive material involved was to be used to kill, injure or intimidate any person or unlawfully to damage any real or personal property, the person committing such violation shall be guilty of a felony and for each offense be fined not more than $10,000 or imprisoned for not more than 10 years, or both;

(3) And if personal injury results, shall be guilty of a felony and imprisoned for not more than 20 years or fined not more than $20,000 or both;

(4) And if death results, shall be guilty of a felony and subject to imprisonment for any term of years or for life.

The Superior Court shall have exclusive jurisdiction of violations of this chapter.
16 Del. C. § 6821 — Delaware Code / Title 16 / Chapter 68 / Subchapter III / Section 6821
§ Â
        6821. Definitions.
Status: in_force

For purposes of this subchapter:

(1) “Food” means any raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended to be used in whole or part for human consumption that is apparently fit for human consumption. “Food” includes nonperishable food, perishable food, and wild game.

(2) “Gleaner” means a person who gleans an agricultural crop that has been donated by the owner of the agricultural crop.

(3) “Gleans” or “gleaned” means to gather an agricultural crop leftover after a harvest.

(4) “Nonperishable food” means any food that has been commercially processed, prepared, and packaged for human consumption and that is intended to remain fit for human consumption without refrigeration for a reasonable length of time.

(5) “Nonprofit organization” means an incorporated or unincorporated entity that is operating for religious, charitable, or educational purposes and does not provide net earnings to, or operate in any other way that inures to the benefit of, any officer, employee, or shareholder of the entity.

(6) “Perishable food” means any food that may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. “Perishable food” includes all of the following:

a. Fresh and processed meats, poultry, seafood, dairy products, or bakery products.

b. Eggs in the shell.

c. Fresh fruits and vegetables.

(7) “Person” means an individual, corporation, business trust, estate trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity. “Person” does not include a government; governmental subdivision, agency, or instrumentality; or a public corporation.

(8) “State agency” means any office, department, board, commission, committee, court, school district, board of education, or other instrumentality of the government of this State existing by virtue of an act of the General Assembly or of the Constitution of this State.

(9) “Wild game” means any of the following that are legally taken under the laws of this State:

a. Game animals under § 701 of Title 7.

b. Game birds under § 702 of Title 7.

c. Game fish under § 906 of Title 7.

d. Shellfish under § 1901 of Title 7.
16 Del. C. § 10306 — Delaware Code / Title 16 / Chapter 103 / Subchapter I / Section 10306
§ Â
        10306. Regulations; resolution of disputes.
Status: in_force

(a) DHIN may promulgate rules and regulations under subchapter II of Chapter 101 of Title 29 to carry out the objective of this chapter.

(b) DHIN may hear and determine a case decision under subchapter III of Chapter 101 of Title 29 to resolve a dispute among participants, subscribers, or the public under this chapter, or a rule or regulation promulgated under this chapter.

(c) A person may appeal to the Superior Court under subchapter V of Chapter 101 of Title 29 for any of the following:

(1) If the person has been aggrieved by the unlawfulness of a rule or regulation under this chapter.

(2) If a case decision under this chapter has been decided against the person.
16 Del. C. § 7002 — Delaware Code / Title 16 / Chapter 70 / Section 7002
§ Â
        7002. Exceptions.
Status: in_force

This chapter shall not apply to regularly licensed commercial establishments handling the sales and distribution of firearms and ammunition.