16 Del. C. § 1201 — Delaware Code / Title 16 / Chapter 12 / Subchapter I / Section 1201
§ Â
        1201. Definitions.
Status: in_force

As used in this subchapter:

(1) “Genetic characteristic” means any inherited gene or chromosome, or alternation thereof, that is scientifically or medically believed to predispose an individual to a disease, disorder or syndrome, or to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome.

This includes, but is not limited to, information regarding carrier status, information regarding an increased likelihood of future disease or increased sensitivity to any substance, information derived from laboratory tests that identify mutations in specific genes or chromosomes, requests for genetic services or counseling, tests of gene products and direct analysis of genes or chromosomes.

(2) “Genetic information” means information about inherited genes or chromosomes, and of alterations thereof, whether obtained from an individual or family member, that is scientifically or medically believed to predispose an individual to disease, disorder or syndrome or believed to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome.

(3) “Genetic test” means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA, and mitochrondrial DNA, chromosomes or proteins in order to identify a predisposing genetic characteristic associated with disease, disorder or syndrome.

(4) “Informed consent”

a. For the purpose of obtaining genetic information, means the signing of a consent form which includes a description of the genetic test or tests to be performed, its purpose or purposes, potential uses, and limitations and the meaning of its results, and that the individual will receive the results unless the individual directs otherwise;

b. For the purpose of retaining genetic information, means the signing of a consent form which includes a description of the genetic information to be retained, its potential uses and limitations;

c. For the purpose of disclosing genetic information, means the signing of a consent form which includes a description of the genetic information to be disclosed and to whom or a notice that the information will be available to individuals who have access to Electronic Medical Records (EMR) or to the Delaware Health Information Network (DHIN).

d. For the purpose of obtaining insurance, there may be a single signing which shall allow the obtaining, retaining and disclosure of genetic information, which, in addition to the requirements of paragraphs (4)a. and b. of this section, shall:

1. Be written in plain language;

2. Be dated;

3. Name or identify by generic reference the persons authorized to disclose information about the individual;

4. Specify the nature of the information authorized to be disclosed;

5. Name or identify by generic reference the person to whom the individual is authorizing information to be disclosed, or subsequently redisclosed;

6. Describe the purpose for which the information is collected;

7. Specify the length of time such authorization shall remain valid; and,

8. Be signed by:

A. The individual;

B. Such other person authorized to consent for such individual, if such individual lacks the capacity to consent; or;

C. The claimant for the proceeds of an insurance policy.
16 Del. C. § 3106 — Delaware Code / Title 16 / Chapter 31 / Subchapter I / Section 3106
§ Â
        3106. Employment of personnel and acquisition of equipment.
Status: in_force

The Division of Public Health shall provide the Office of Vital Statistics with sufficient staff, suitable offices and other resources for the proper administration of the system of vital statistics and for the preservation of its official records.
16 Del. C. § 1190 — Delaware Code / Title 16 / Chapter 11 / Subchapter IX / Section 1190
§ Â
        1190. Criminal background checks.
Status: in_force

(a) The purpose of the criminal background check and drug screening requirements of this section and § 1191 of this title is the protection of the safety and well-being of residents of this State who use the services of prescribed pediatric extended care centers licensed under this title or who employ a person to provide care in the facility. These sections must be construed broadly to accomplish this purpose.

(b) Definitions.— As used in this subchapter:

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

a. An individual seeking employment with an employer.

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

c. A self-employed individual or contractor seeking employment in a prescribed pediatric extended care center.

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) “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 an individual for employment in a prescribed pediatric extended care center.

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

(4) “Employer” means a prescribed pediatric extended care center.

(5) “Prescribed pediatric extended care center” means a facility licensed under § 122(3)q. of Title 16.

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

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

(d) 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.

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

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

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

(h) An applicant may not be employed by an employer other than conditionally pursuant to subsection (d) of this section until the applicant’s employer has secured the applicant’s criminal history.

(i) Before an applicant is permitted to be employed in a prescribed pediatric extended care center, 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 facility where the work is to be performed if the employer is other than the facility.

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

(k) 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. § 6607D — Delaware Code / Title 16 / Chapter 66D / Section 6607D
§ Â
        6607D. Submissions and inspections.
Status: in_force

(a) Building owners shall submit copies of operation certificates to the municipal or State Fire Marshal showing they are in compliance with the testing requirements of this section within 30 days of obtaining operation certificates. The municipal or State Fire Marshal shall commence enforcement actions for any instance of noncompliance.

(b) Inspections. —

When the municipal or State Fire Marshal conducts an annual fire inspection of any building, it shall inspect the building owner’s fire life safety damper and smoke control system certificate of operation to ensure it complies with the requirements of this section and commence enforcement actions if violations are found.
16 Del. C. § 3009F — Delaware Code / Title 16 / Chapter 30F / Subchapter I / Section 3009F
§ Â
        3009F. Facilities; primary enclosures; sanitation and disease control.
Status: in_force

(a) Facilities. —

(1) Surfaces used in all animal areas must be constructed and maintained so that they are substantially impervious to moisture and may be easily sanitized.

(2) Indoor housing facilities for animals must be sufficiently heated and cooled when necessary to protect the animals from temperature and humidity extremes, and to provide for their health and well-being. The ambient temperature in all areas where animals are present may not fall below 60° (15.6° C) or above 80° F (26.7° C) when animals are present.

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

(4) A suitable method must be provided for adequate drainage and to eliminate standing or excess water from indoor housing facilities.

(5) Provisions must be made for the daily removal and disposal of animal and food waste, bedding, and debris from the housing facility.

(6) Indoor housing facilities must be sufficiently ventilated to provide for the health and well-being of animals, and to minimize odors, drafts, ammonia levels, and moisture condensation. Ventilation may be provided by windows, vents, fans, or air conditioning.

(7) Premises where housing facilities are located, including building and grounds, must be kept clean, free of trash, and in good repair.

(b) Primary Enclosures. —

(1) Housing must be provided for all animals in the shelter’s custody, appropriate to the species, size, and number of animals, to ensure their comfort, health, and well-being.

(2) Primary animal enclosures must be structurally sound and maintained in a safe working condition to properly confine animals, prevent injury, keep other animals out and enable animals to remain dry and clean. Enclosures must have no sharp edges, gaps or other defects that could cause injury or entrapment.

(3) A primary enclosure must provide sufficient space to allow each animal to:

a. Turn about freely and easily stand, sit, stretch, and move their head without touching the top of the enclosure.

b. Lie in a resting position with limbs extended.

c. Move about and assume a comfortable posture for feeding, drinking, urinating, or defecating.

d. Sit, sleep, and eat away from areas where they defecate and urinate.

(4) The interior height of a primary enclosure must be at least 6 inches higher than the head of the animal in the enclosure when it is in a normal standing position.

(5) Dogs and cats may not be sheltered in a primary enclosure having only wire mesh bottoms or slatted floors in caging.

(6) Crates or travel kennels may be used as animal housing on a temporary or emergency basis only, and not as permanent primary enclosures.

(7) Cages may not be stacked upon each other in a manner that allows excrement to fall into cages below.

(8) Animals may not be tethered.

(9) At night, all dogs and cats must have access to clean, dry, bedding or a bed off the floor unless unsafe to do so.

(10) Identification cards must be visible outside enclosures and include name, ID, species, and color/description.

(11) Additional requirements for cats:

a. In all primary enclosures, a receptacle containing sufficient clean litter must be provided to contain excreta and body wastes;

b. Cats must be provided places to hide; and

c. Cats that are housed long term must have access to environments where they can scratch, climb and perch.

(c) Sanitation and disease control. —

(1) The shelter building, primary enclosures, and all other areas where animals are kept must be sanitary and regularly cleaned to reduce disease transmission among animals, protect public and human health, and increase animal comfort.

(2) Excreta must be removed as often as necessary to prevent contamination of animals and to control disease and odors.

(3) All primary enclosures, food bowls, and water bowls must be spot cleaned daily and fully cleaned and sanitized as necessary.

(4) All floors, junctions, walls, doors, and drains must be fully cleaned and sanitized after coming into contact with feces, urine, vomit, or an animal known or suspected of having an infectious disease.

(5) Only cleaners that are safe for animals may be used to clean primary enclosures, transport carriers, exercise areas, or any area of the shelter where animals are present or likely to be present.

(6) Animals must be removed from an enclosure when water or cleaning and disinfecting products are sprayed in or near that enclosure to ensure the animal will not be harmed, wetted, or distressed by the process.

(7) The shelter building and animal areas must be kept reasonably free of flies, fleas, mosquitoes, rats, mice, and other vectors or nuisance species. If necessary, an effective pest control program must be established and maintained.
16 Del. C. § 3131 — Delaware Code / Title 16 / Chapter 31 / Subchapter II / Section 3131
§ Â
        3131. Delayed or amended certificates; procedures; evidence.
Status: in_force

(a) A person born in this State may file or amend a certificate of birth after the time prescribed by this chapter upon submitting such evidence relative to the circumstances surrounding the birth as may be required by the State Registrar. In the case of a correction to the birth record of an American Indian, the substantiating documentary proof may include, but shall not be limited to, an affidavit satisfactory to the State Registrar or any local registrar and signed by the chief of the tribe that according to tribal records the person whose certificate is to be amended is a member of the tribe of the chief whose signature appears on the affidavit.

(b) Any certificate in the custody of the State Registrar upon which the information thereon is charged to be in error may be corrected or amended upon submitting such proof of error as may be required by the State Registrar.

(c) Certificates accepted subsequent to 6 months after the time prescribed in this chapter for filing or certificates which have been amended after being filed with the State Registrar shall contain the date of the delayed filing or the date of amendment and shall be marked “delayed” or “amended,” respectively.

(d) A summary statement of the evidence submitted in support of the acceptance for delayed filing or amendment shall be endorsed on the certificate.

(e) Such evidence submitted in support of a delayed or amended registration as may be retained by the State Registrar shall be kept in special permanent file.

(f) The probative value of a delayed or amended certificate shall be determined by the judicial or administrative body or official before whom the certificate is offered for evidence.
16 Del. C. § 3001E — Delaware Code / Title 16 / Chapter 30E / Subchapter I / Section 3001E
§ Â
        3001E. Definitions.
Status: in_force

For purposes of this subchapter:

(1) “Emergency medication” means a medication necessary for response to a life-threatening allergic reaction.

(2) “Licensed health-care provider” means anyone lawfully authorized to prescribe medications and treatments.

(3) “School” means an educational facility serving students in kindergarten through grade 12, and any associated pre-kindergarten program in such facility.

(4) “School nurse” means a registered nurse employed by a local education agency meeting the certification and licensure requirements of the employing agency.

(5) “Trained person” means an educator, coach or person hired or contracted by schools serving students in pre-kindergarten through grade 12 who has completed the training to administer emergency medicine to diagnosed and undiagnosed individuals.

(6) “Without an order” means that the school nurse or trained person may administer emergency medication, as further described within this subchapter, without an individual prescription from a licensed health-care provider for a person to receive the emergency medication. In lieu of a licensed health-care provider’s order, i.e., an individual prescription, the Division of Public Health will issue guidance on the administration of emergency medication in the school setting. The Division of Public Health will continue to provide medical emergency standing orders for allergic reactions and anaphylaxis in previously undiagnosed individuals for use by registered nurses in public school districts and charter schools.
16 Del. C. § 7404B — Delaware Code / Title 16 / Chapter 74B / Section 7404B
§ Â
        7404B. Activity near overhead lines; safety restrictions.
Status: in_force

Unless the Field Visitation or written approval described in § 7402B(3) of this title has been obtained and/or there is a written determination that the line is not energized pursuant to § 7402B(3) of this title:

(1) A person shall not, individually or through an agent or employee, require or permit any person to perform any function or activity upon any land, building, highway or other premises if at any time during the function or activity such person will be required or permitted to place oneself, or will be placed within dangerous proximity of any high voltage overhead line, or such person will use tools or materials which will be placed by said person within dangerous proximity of any such high voltage overhead line.

(2) A person shall not, individually or through an agent or employee, operate any mechanical equipment, hoisting equipment, load equipment or equipment of any description so that any portion of such equipment enters into dangerous proximity of any high voltage overhead line.
16 Del. C. § 4306 — Delaware Code / Title 16 / Chapter 43 / Section 4306
§ Â
        4306. Display of license.
Status: in_force

A licensee shall display the license in a conspicuous place on the licensed premises.
16 Del. C. § 4104 — Delaware Code / Title 16 / Chapter 41 / Section 4104
§ Â
        4104. Adulterations; prohibited and permitted ingredients.
Status: in_force

(a) Any product for which a definition and standard of identity has been promulgated in accordance with this chapter shall be deemed to be adulterated within the meaning of this chapter if in purity or quality it fails to conform with the definitions and standards of identity promulgated.

(b) Any frozen dessert which contains any substance or compounds known or likely to be harmful to health, as determined by the State Board of Health, shall be deemed to be adulterated within the meaning of this chapter.
16 Del. C. § 10404 — Delaware Code / Title 16 / Chapter 104 / Section 10404
§ Â
        10404. Funding.
Status: in_force

Under this section, the “Firearms Recovery Fund” shall be established. The Secretary of Safety and Homeland Security shall promulgate rules and regulations for the implementation of this Program, the distribution of funds, and for the safe storage and disposal of recovered weapons in the possession of the participating law-enforcement agency. For purposes of this chapter, “disposal” may include the sale or transfer of the firearms to a federal licensed dealer, defined as a person licensed as a firearms collector, dealer, importer, or manufacturer under the provisions of 18 U.S.C. § 922 et seq., or destruction of the firearms.
16 Del. C. § 528 — Delaware Code / Title 16 / Chapter 5 / Subchapter II / Section 528
§ Â
        528. Service of notice and processes; duties of the peace officer [Effective  July 17, 2028].
Status: in_force

(a) All notices required to be given, warrants, petitions, processes issued and orders entered pursuant to this subchapter shall be served by a peace officer of proper jurisdiction.

(b) The Director, in ordering directly observed therapy, hospitalization or isolation pursuant to this subchapter, shall when necessary direct the peace officer to take the person into their custody and immediately deliver them to the director of the facility named on the order. The Division shall consult with the peace officer concerning any necessary infection control procedures to be taken.(a) All notices required to be given, warrants, petitions, processes issued and orders entered pursuant to this subchapter shall be served by a peace officer of proper jurisdiction.

(b) The Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, in ordering directly observed therapy, hospitalization or isolation pursuant to this subchapter, shall when necessary direct the peace officer to take the person into their custody and immediately deliver them to the director of the facility named on the order. The Division shall consult with the peace officer concerning any necessary infection control procedures to be taken.
16 Del. C. § 6631 — Delaware Code / Title 16 / Chapter 66 / Subchapter IV / Section 6631
§ Â
        6631. Smoke detectors required.
Status: in_force

(a) Each owner of a residential occupancy, used wholly or in part as a home, residence, dwelling or sleeping place for 1 or more persons, either permanent or transient, including but not limited to any 1-family and 2-family dwelling, mobile home, modular home, townhouse; lodging, rooming or boarding house; hotel, motel, bed and breakfast facility; dormitory, apartment or multi-family dwelling; board and care facility; or a residential occupancy by any other name, be it rented, leased or owned, shall install, within such occupancy, smoke detection devices and/or smoke detection systems, either photo-electric or ionization types, capable of automatically sensing visible or invisible particles or products of combustion, and which activate an alarm sufficiently audible to warn the occupants of the building of an impending danger of fire or hazard to life.

(b) The requirement for the installation of smoke detecting devices and/or smoke detection systems as provided for in this section shall apply to all new and existing occupancies, buildings and/or structures listed in subsection (a) of this section, regardless of when any such occupancy, building or structure was built.

(c) It shall be the responsibility of the owner of a residential occupancy listed in subsection (a) of this section to install and maintain smoke detection devices as required by this chapter, with the following exception: Where there is a tenant of a rented or leased occupancy, structure or building required to have smoke detection devices and/or smoke detection systems, as required in this subchapter, and the rental, lease agreement or contract is for a period of 1 month or more, such tenant shall be responsible for the maintenance of any smoke detection devices, with respect to maintaining an operable battery in the smoke detection device, within the individual rented or leased unit.

(d) All smoke detection devices and/or smoke detection systems which are required to be installed under this subchapter shall be installed in accordance with the applicable provisions of the State Fire Prevention Regulations.

(e) When the standards of the State Fire Prevention Regulations and the building codes change with respect to the number and location of smoke detectors in new construction, such standards shall be the minimum to be utilized for determining compliance with this statute for new construction. A listing of all updated standards and their effective dates shall be maintained in the State Fire Marshal’s Office.

(f) It shall not be the duty of a real estate salesperson or broker, licensed under Chapter 29 of Title 24 to verify the compliance of any person or residential occupancy with the provisions of this subchapter.
16 Del. C. § 8605 — Delaware Code / Title 16 / Chapter 86 / Section 8605
§ Â
        8605. Penalty.
Status: in_force

(a) Whoever violates this chapter shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 or more than $1000.

(b) The Superior Court shall have exclusive jurisdiction of this chapter.
16 Del. C. § 98A-113 — Delaware Code / Title 16 / Chapter 98A / Section 98A-113
§ Â
        98A-113. Oversight, dispute resolution, and enforcement.
Status: in_force

A. Oversight. — 1. The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated under the Compact shall have standing as statutory law.

2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Commission.

3. The Commission is entitled to receive service of process in any judicial or administrative proceeding and has standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Commission renders a judgment or order void as to the Commission, this Compact, or promulgated rules.

B. Default, technical assistance, and termination. — 1. If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall do all of the following:

a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, and any other action to be taken by the Commission.

b. Provide remedial training and specific technical assistance regarding the default.

2. If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

3. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. The Commission shall give notice of intent to suspend or terminate to the governor of the defaulting state, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.

4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

5. The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.

6. The defaulting state may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The court shall award all costs of the litigation, including reasonable attorney’s fees, to the prevailing party.

C. Dispute resolution. — 1. Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and nonmember states.

2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

D. Enforcement. — 1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.

2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the court shall award all costs of the litigation, including reasonable attorneys’ fees, to the prevailing party.

3. The remedies contained in this section shall not be the exclusive remedies available to the Commission. The Commission may pursue any other remedies available under federal or state law.
16 Del. C. § 7417 — Delaware Code / Title 16 / Chapter 74 / Section 7417
§ Â
        7417. Storage of radioactive material.
Status: in_force

(a) No facility for the permanent deposit, storage, reprocessing or disposal of spent nuclear fuel elements, or for the permanent deposit, storage, reprocessing or disposal of high- or low-level radioactive waste material, shall be constructed or established in this State unless the Authority on Radiation Protection in consultation with the U.S. Nuclear Regulatory Commission first finds that such facility promotes the general good of the State and approves, after a public hearing, a petition for the approval of such facility.

(b) No high-level waste material shall be held in temporary storage for longer than 5 years.

(c) No low-level radioactive waste material shall be held in temporary storage for longer than 10 years.

(d) Whenever the Authority on Radiation Protection finds that the continued presence of a facility for the deposit, storage, reprocessing or disposal of materials in subsection (a) of this section is injurious to the public welfare, the Authority in consultation with the U.S. Nuclear Regulatory Commission shall issue its order shutting the facility and requiring immediate removal of such material as follows.
16 Del. C. § 707 — Delaware Code / Title 16 / Chapter 7 / Subchapter I / Section 707
§ Â
        707. Rules and regulations of Department.
Status: in_force

(a) The Department of Health and Social Services shall make such rules and regulations as may in its judgment be necessary to carry out the provisions of this chapter, including rules and regulations designating STDs to be reported, providing for the control and treatment of persons isolated or quarantined, and such other rules and regulations, not in conflict with the provisions of this chapter, concerning the control of STDs, and concerning the care, treatment and quarantine of persons infected therewith, as it may from time to time deem advisable.

(b) All rules and regulations made pursuant to this chapter shall have the force and effect of law.

(c) The Department of Health and Social Services shall create the written materials required under § 703A of this title.
16 Del. C. § 6860 — Delaware Code / Title 16 / Chapter 68 / Subchapter VIII / Section 6860
§ Â
        6860. Definition.
Status: in_force

For purposes of this subchapter, “secure gun storage or safety device” means as defined by 18 U.S.C. § 921. A “secure gun storage or safety device” includes cable locks, trigger locks, or gun safes.
16 Del. C. § 704 — Delaware Code / Title 16 / Chapter 7 / Subchapter I / Section 704
§ Â
        704. Procedure for apprehension, commitment, treatment and quarantine of an infected person.
Status: in_force

(a) Orders directed to persons with an STD of a communicable nature or restrictive measures on individuals with a communicable STD, as described in this section and in § 705 of this title shall be used when other measures to protect the public health have failed, including reasonable efforts, which shall be documented, to obtain the voluntary cooperation of the individual who may be subject to such an order.

(b) When the Director knows or has reason to believe, because of medical or epidemiological information, that a person has an STD of a communicable nature and is a danger to the public health, the Director may issue an order to:

(1) Require the person to be examined and tested to determine whether the person has an STD of a communicable nature;

(2) Require the person with an STD of a communicable nature to report to a qualified health care professional for counseling on the disease and for information on how to avoid infecting others;

(3) Direct a person with an STD of a communicable nature to cease and desist from specified conduct which endangers the health of others when the Director has determined that reliable information exists to believe that such person has been ordered to report for counseling as provided in paragraph (b)(2) of this section and continues to demonstrate behavior which endangers the health of others.

(c) If a person violates a cease and desist order issued pursuant to paragraph (b)(3) of this section and it is shown that the person is a danger to others, the Director may enforce the cease and desist order by imposing such restrictions upon the person as are necessary to prevent the specific conduct which endangers the health of others. Any restriction shall be in writing, setting forth the name of the person to be restricted and the initial period of time, not to exceed 3 months, during which the order shall remain effective, the terms of the restrictions and such other conditions as may be necessary to protect the public health. The Director shall review appeals for reconsideration from the subject of the order issued pursuant to this subsection.

(d) (1) Any order by the Director pursuant to subsection (b) or (c) of this section shall indicate to the subject of the order the grounds and provisions of the order and notify such person that if the person refuses to comply with the order the person has a right to be present at a judicial hearing in the Justice of the Peace Court to review the order and that the person may have an attorney appear on the person’s behalf in said hearing. Notice of any order by the Director shall either be by personal service or by prepaid certified mail, return receipt requested, at the subject’s last known address.

(2) If the subject of the order refuses to comply with the order the Director may petition the Justice of the Peace Court for an order of compliance with such order. If an order of compliance is requested, the Court shall hear the matter within 10 days after the request. Notice of the place, date and time of the court hearing shall be made by personal service or, if the person is not available, shall be mailed to the subject of the order by prepaid certified mail, return receipt requested, at the person’s last known address. The burden of proof shall be on the Director to show by clear and convincing evidence that the specified grounds exist for the issuance of the order and for the need for compliance and that the terms and conditions imposed are necessary to protect the public health. Upon conclusion of the hearing, the Court shall issue appropriate orders affirming, modifying or dismissing the order.

(3) If the Director does not petition the Justice of the Peace Court for an order of compliance within 30 days after the subject of the order refuses to comply, the Director’s order shall expire automatically and upon application to the Director by the subject of the order, the fact that the order was issued shall be expunged from the records of the Division of Public Health.

(e) Any hearing conducted pursuant to this section shall be closed and confidential, and any transcripts or records relating thereto shall also be confidential.
16 Del. C. § 902B — Delaware Code / Title 16 / Chapter 9B / Section 902B
§ Â
        902B. Definitions.
Status: in_force

As used in this chapter:

(1) “Division” is as defined in § 902 of this title.

(2) “Family assessment and services” is as defined in § 902 of this title.

(3) “Health-care provider” is as defined in § 714 of this title.

(4) “Infant with prenatal substance exposure” means a child not more than 1 year of age who is born with and identified as being affected by substance abuse or withdrawal symptoms or a fetal alcohol spectrum disorder. The health-care provider involved in the delivery or care of the infant shall determine whether the infant is affected by the substance exposure.

(5) “Internal information system” is as defined in § 902 of this title.

(6) “Investigation Coordinator” is as defined in § 902 of this title.

(7) “Plan of Safe Care” or “Plan” means a written or electronic plan to ensure the safety and well-being of an infant with prenatal substance exposure following the release from the care of a health-care provider by addressing the health and substance use treatment needs of the infant and affected family or caregiver, and monitoring these plans to ensure appropriate referrals are made and services are delivered to the infant and affected family or caregiver. The monitoring of these plans may be time limited based upon the circumstances of each case.

(8) “Substance abuse” means the chronic, habitual, regular, or recurrent use of alcohol, inhalants, or controlled substances as identified in Chapter 47 of this title.

(9) “Withdrawal symptoms” means a group of behavioral and physiological features in the infant that follow the abrupt discontinuation of a drug that has the capability of producing physical dependence. Withdrawal symptoms resulting exclusively from a prescription drug used by the mother or administered to the infant under the care of a prescribing medical professional, in compliance with the directions for the administration of the prescription as directed by the prescribing medical professional, its compliance and administration verified by the health-care provider involved in the delivery or care of the infant, and no other risk factors to the infant are present, is not included in the definition and does not warrant a notification to the Division under § 903B of this title.
16 Del. C. § 7903 — Delaware Code / Title 16 / Chapter 79 / Section 7903
§ Â
        7903. Plumbing Code; adoption and enforcement.
Status: in_force

The Division of Public Health shall adopt and enforce the most recent version of the International Plumbing Code (IPC) within 1 calendar year of its issuance, in conformity with the basic plumbing principles provided in this chapter. The Division of Public Health may adopt and enforce additional plumbing regulations which shall not be in conflict with the IPC and the basic plumbing principles set forth in this chapter.
16 Del. C. § 909 — Delaware Code / Title 16 / Chapter 9 / Subchapter I / Section 909
§ Â
        909. Privileged communication not recognized.
Status: repealed

(a) No legally recognized privilege, except that between attorney and client and that between priest and penitent in a sacramental confession, applies to situations involving known or suspected child abuse, neglect, exploitation, or abandonment and does not constitute grounds for failure to report as required by § 903 of this title or to give or accept evidence in any judicial proceeding relating to child abuse or neglect.

(b), (c) [Repealed.]
16 Del. C. § 10203 — Delaware Code / Title 16 / Chapter 102 / Section 10203
§ Â
        10203. Powers and duties of the Office.
Status: in_force

(a) The Office shall implement the nonemergency 211 telephone number to provide human social services information concerning the availability of governmental and nonprofit services and to provide referrals to community social services and disaster-related information agencies.

(b) The Office shall register the 211 Community Social Services Helpline with the 911 Committee established by § 10004(e) of this title, all phone companies, the Association of Information and Referral Services, and the United Way of America.

(c) The Office shall designate the Delaware Helpline, Inc. as the primary service provider for the 211 Helpline and contract with a private phone service to ensure 24-hour operation of the 211 Helpline.

(d) The Office shall raise community awareness about the 211 Helpline and website, including through the use of marketing and outreach activity forums that include presentations on statewide community social services that are available through the government and not-for-profit-agencies.
16 Del. C. § 6003 — Delaware Code / Title 16 / Chapter 60 / Section 6003
§ Â
        6003. Records of owners.
Status: in_force

The ownership of the principal amount of the funds shall be continued in the respective patients and be accounted for on appropriate records of the institution.
16 Del. C. § 203 — Delaware Code / Title 16 / Chapter 2 / Subchapter I / Section 203
§ Â
        203. Congenital Disabilities Surveillance and Registry Program.
Status: in_force

(a) The Department may adopt, promulgate, amend, and repeal any rules and regulations necessary to accomplish the purpose of this subchapter. These rules and regulations may include the following provisions:

(1) The establishment and maintenance of an up-to-date registry that shall document every diagnosis or treatment, or both, of any congenital disability in any child under age 5 in this State.

(2) a. The establishment of a procedure for reporting to the Department, within 30 days of initial diagnosis or treatment, every occurrence of a congenital disability in any child under age 5 in this State. The procedure must include the reporting of specified information, through a combined system of active and passive surveillance, on every child under age 5 with 1 or more congenital disabilities. Specified information is deemed necessary and appropriate to accomplish the purpose of this subchapter and in accordance with the recommendations from the Centers for Disease Control and Prevention, for any of the following reasons:

1. To identify risk factors for congenital disabilities.

2. To investigate the causes and prevalence of congenital disabilities.

3. To develop preventive strategies to decrease occurrences of congenital disabilities.

4. To analyze incidences, prevalence and trends of congenital disabilities through epidemiological studies.

5. To investigate the morbidity and mortality rates resulting from congenital disabilities.

b. Those required to report to the Department occurrences of congenital disabilities include all of the following:

1. Any physician, surgeon, dentist, podiatrist, or other health-care practitioner who diagnoses or provides treatment, or both, for children under age 5 with congenital disabilities.

2. The designated representative of any hospital, dispensary, or other similar public or private institution that diagnoses or provides treatment, or both, for children under age 5 with congenital disabilities.

3. The designated representative of any clinical laboratory that performs any test which identifies children under age 5 with congenital disabilities.

(3) The establishment of a procedure for the publication and distribution of forms, instructions, and notices required by this subchapter or necessary to accomplish the purpose of this subchapter.

(4) The establishment of a procedure to obtain follow-up information from those required to report occurrences of congenital disabilities under this subchapter. Any follow-up information, including family, physician, hospital, or laboratory contact deemed necessary by the Department, must be submitted to the Department at least 1 time each year by those required to report occurrences of congenital disabilities.

(5) The establishment of a procedure to refer the parent, custodian, or guardian of a child under age 3 who is reported to the registry under this subsection to the Department of Education for services under Chapter 31A of Title 14.

(b) The provisions of this subchapter and any rules or regulations issued under this subchapter do not apply to any person or private institution that, as an exercise of religious freedom, treats the sick or suffering by spiritual means through prayer alone.

(c) A parent, custodian, or guardian of an infant having any congenital disability may refuse disclosure to the surveillance system and registry of the infant’s name and identifying information on the grounds that such congenital disability identification is contrary to the religious tenets and practices of the infant’s parent, custodian, or guardian.
16 Del. C. § 10007 — Delaware Code / Title 16 / Chapter 100 / Section 10007
§ Â
        10007. Compliance with wireless E-911 service plan.
Status: in_force

After the Board has developed a wireless E-911 state plan consistent with the FCC E-911 order, all PSAPs and wireless providers shall provide wireless E-911 service in accordance with the plan, unless granted an extension by the Secretary or by any other operation of law. The Secretary shall have the power and authority to enforce compliance with the wireless E-911 state plan and may adopt rules and regulations necessary to carry out such enforcement.
16 Del. C. § 9407 — Delaware Code / Title 16 / Chapter 94 / Section 9407
§ Â
        9407. Regulations.
Status: in_force

(a) The Department shall prescribe such regulations as may be necessary to fully implement this chapter.

(b) Regulations prepared by the Department under this chapter shall be subject to review and comment by the Advisory Council and shall otherwise be promulgated in conformity with the Administrative Procedures Act, Chapter 101 of Title 29.

(c) The Department is authorized, by regulation, to incorporate features and components of this chapter.
16 Del. C. § 1198 — Delaware Code / Title 16 / Chapter 11 / Subchapter X / Section 1198
§ Â
        1198. Authority to develop rules and regulations [For application of this section, see 84 Del. Laws, c. 327, Â 2].
Status: in_force

The Department shall promulgate and adopt rules and regulations to fully and effectively implement the provisions of this subchapter.
16 Del. C. § 5173 — Delaware Code / Title 16 / Chapter 51 / Subchapter VI / Section 5173
§ Â
        5173. Institutional Review Board.
Status: in_force

(a) The Department shall establish an Institutional Review Board which shall be composed of 12 members appointed by the Secretary of the Department. No more than 6 members shall be employed by the Department and no more than 3 members shall be employed by the hospital.

(b) The duties of the Institutional Review Board shall include, but not be limited to:

(1) Approval, modification or disapproval of all proposed pharmaceutical research programs and all written procedures and protocols governing such programs. Final approval of any program shall require an affirmative vote of 8 members. In evaluating any proposed research program, the Board shall consider whether the risks to patients are sufficiently outweighed by the potential benefits and the importance of the knowledge to be gained. In its deliberations, the Board shall be guided by the American Medical Association’s “Ethical Guidelines for Clinical Investigation,” the American Psychiatric Association’s “Ethical and Professional Guidelines Governing Research With Human Subjects” or similar documents.

(2) Ensuring that no patient participates in research who fits any exclusion criteria established by the pharmaceutical protocol or by the Board itself.

(3) Actively monitoring all such research programs on a regular basis. Such monitoring shall include the review of the effects of the research on patients and the review of individual patient records to ensure the continued protection of patient rights and continued compliance with regulations.

(4) Ensuring that the provisions of § 5175 of this title are complied with for every patient who participates in pharmaceutical research.

(5) Evaluating, together with the administration of the hospital and the Food and Drug Administration, all reactions and incidents which occur to research participants to determine whether the research pharmaceuticals in any way affected the patient so as to cause the reaction or incident.

(c) In order that the Board be active and effective, notices of meetings shall be sent to all members, minutes shall be maintained and distributed prior to meetings and all records, documents and correspondence shall be retained by an officer of the Board at the hospital. The Division of Mental Health shall provide administrative and secretarial assistance to support the Board’s functions.

(d) No member of the Board shall be permitted to vote on any research project in which the member has an active role or financial interest.
16 Del. C. § 2524 — Delaware Code / Title 16 / Chapter 25 / Section 2524
§ Â
        2524. Prohibited conduct; damages.
Status: in_force

(a) A person may not do any of the following:

(1) Intentionally falsify, in whole or in part, an advance health-care directive.

(2) Intentionally conceal, deface, obliterate, or delete the directive or a revocation of the directive without consent of the individual who created or revoked the directive for the purpose of frustrating the intent of the individual who created an advance health-care directive or with knowledge that doing so is likely to frustrate the intent.

(3) Intentionally withhold knowledge of the existence or revocation of the directive from a responsible health-care professional or health-care institution providing health care to the individual who created or revoked the directive for the purpose of frustrating the intent of the individual who created an advance health-care directive or with knowledge that doing so is likely to frustrate the intent.

(4) Coerce or fraudulently induce an individual to create, revoke, or refrain from creating or revoking an advance health-care directive or a part of a directive.

(5) Require or prohibit the creation or revocation of an advance health-care directive as a condition for providing health care.

(b) An individual who is the subject of conduct prohibited under subsection (a) of this section, or the individual’s estate, has a cause of action against a person that violates subsection (a) of this section for statutory damages of $25,000 or actual damages resulting from the violation, whichever is greater.

(c) Subject to subsection (d) of this section, an individual who makes a health-care instruction, or the individual’s estate, has a cause of action against a health-care professional or health-care institution that intentionally violates § 2521 of this title for statutory damages of $50,000 or actual damages resulting from the violation, whichever is greater.

(d) A health-care professional who is an advanced emergency medical technician, emergency medical technician, paramedic, or other first responder authorized under Chapter 97 of this title is not liable under subsection (c) of this section for a violation of § 2521(e) of this title if all of the following:

(1) The violation occurs in the course of providing care to an individual experiencing a health condition for which the professional reasonably believes the care was appropriate to avoid imminent loss of life or serious harm to the individual.

(2) The failure to comply is consistent with accepted standards of the profession of the professional.

(3) The provision of care does not begin in a health-care institution in which the individual resides or was receiving care.

(e) In an action under this section, a prevailing plaintiff may recover reasonable attorneys’ fees, court costs, and other reasonable litigation expenses.

(f) A cause of action or remedy under this section is in addition to any cause of action or remedy under other law.
16 Del. C. § 3078F — Delaware Code / Title 16 / Chapter 30F / Subchapter V / Section 3078F
§ Â
        3078F. Liability of owner for costs of impoundment.
Status: in_force

If the Justice of the Peace Court declares a dog dangerous or potentially dangerous, the Court shall include in its judgment the costs associated with the care of the dog while in the Department’s custody. Prior to reclaiming the dog, the owner must reimburse the Department the amount indicated in the judgment or establish a payment plan approved by the Court. If the owner does not take either action within 10 days after judgement, ownership of the dog reverts to the Department and the Department may dispose of the dog by euthanasia in accordance with subchapter I of this chapter. If a dog is determined to be nondangerous under § 3080F of this title, the owner shall not be liable for the costs of impoundment.
16 Del. C. § 3095F — Delaware Code / Title 16 / Chapter 30F / Subchapter VII / Section 3095F
§ Â
        3095F. Definitions [For application of this section, see 85 Del. Laws, c. 152, Â 2].
Status: in_force

For purposes of this subchapter:

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

a. Department of Correction.

b. Department of Safety and Homeland Security for the State Police and Capitol Police.

c. Department of Natural Resources and Environmental Control.

d. State Fire Prevention Commission for the Office of the State Fire Marshal.

e. Any police department of a political subdivision of this State.

(2) “Owner” means the person who, under written agreement with the Department that the retired law-enforcement canine or retired law-enforcement horse assisted, has taken possession of that canine or horse.

(3) “Retired law-enforcement canine” means a canine previously trained for and used by a Department to assist with the performance of law-enforcement duties.

(4) “Retired law-enforcement horse” means a horse previously trained for and used by a Department, as defined under paragraph (1)a., b., c., or d. of this section, to assist with the performance of law-enforcement duties.

(5) “Veterinary care” means the medical care provided by a “veterinarian,” as defined in § 3302 of Title 24. “Veterinary care” includes the costs of prescription medication, surgery to remedy substantial risk to life or health, and cremation. “Veterinary care” does not include elective surgery.
16 Del. C. § 1135 — Delaware Code / Title 16 / Chapter 11 / Subchapter III / Section 1135
§ Â
        1135. Immunities and other protections.
Status: in_force

(a) A person making any oral or written report under this subchapter is not liable in any civil or criminal action by reason of the report where the report was made in good faith or under the reasonable belief that the abuse, neglect, mistreatment, financial exploitation, or medication diversion has occurred.

(b) A facility may not discharge, or in any manner discriminate or retaliate against any person, by any means whatsoever, who in good faith makes or causes to be made, a report under this subchapter, or who testifies or who is about to testify in any proceeding concerning abuse, neglect, mistreatment, financial exploitation, or medication diversion of patients or residents.

(c) Any facility which discharges, discriminates, or retaliates against a person because the person reports, testifies, or is about to testify concerning abuse, neglect, mistreatment, financial exploitation, or medication diversion of patients or residents is liable to the person for treble damages, costs, and attorney fees. If a facility discharges, demotes, or retaliates by any other means against a person after the person makes a report, testifies, or is subpoenaed to testify as a result of a report authorized under this subchapter, there is a rebuttable presumption that the facility discharged, demoted, or retaliated against the person as a result of the report or testimony.

(d) This section does not apply to any person who has engaged in the abuse, neglect, mistreatment, financial exploitation, or medication diversion of a patient or resident.
16 Del. C. § 3007E — Delaware Code / Title 16 / Chapter 30E / Subchapter I / Section 3007E
§ Â
        3007E. Provision of limited liability protections.
Status: in_force

Any trained person or school nurse, who, in good faith and without expectation of compensation from the person aided or treated, renders emergency care or treatment in response to an apparent allergic reaction by the use of an emergency medication shall not be liable for damages for injuries alleged to have been sustained by the aided or treated person or for damages for the death of the aided or treated person alleged to have occurred by reason of an act or omission in the rendering of such emergency care or treatment, unless it is established that such injuries or such death were caused wilfully, wantonly or by gross negligence on the part of the trained person or school nurse who rendered the emergency care or treatment by the use of an emergency medication.
16 Del. C. § 4909A — Delaware Code / Title 16 / Chapter 49A / Section 4909A
§ Â
        4909A. Issuance of registry identification cards [For application of this section, see 82 Del. Laws, c. 213, Â 7].
Status: repealed

(a) The Commissioner shall:

(1) Verify the information contained in an application or renewal submitted pursuant to this chapter, and shall approve or deny an application or renewal within 45 days of receiving a completed application or renewal application.

(2) Issue registry identification cards to a qualifying patient and the qualifying patient's designated caregiver, if any, within 30 days of approving the application or renewal. A designated caregiver must have a registry identification card for each of the designated caregiver's qualifying patients.

(3) Enter the registry identification number of the registered compassion center the patient designates into the verification system.

(b) [Repealed.]

(c) A qualifying patient who is under 18 years of age may only receive marijuana oil.
16 Del. C. § 4313 — Delaware Code / Title 16 / Chapter 43 / Section 4313
§ Â
        4313. Ingredients of beverage.
Status: in_force

(a) All soft drinks or other nonalcoholic beverages, except nonalcoholic fruit juices, shall consist of a beverage made from pure cane or beet sugar syrup or such other sweetening liquids or substances as shall be permitted by the regulations of the Department of Health and Social Services, containing pure flavoring material with or without added fruit acid, and with or without added color.

(b) Nothing in this chapter shall prohibit the use of any other harmless ingredient in the manufacture of soft drinks or other nonalcoholic beverages.

(c) This section shall not apply to nonalcoholic beverages, made in imitation of beer, bitter drinks and other similar drinks.

(d) When artificial coal tar colors are used nothing but the certified colors as approved by the federal government are permissible.
16 Del. C. § 3003M — Delaware Code / Title 16 / Chapter 30M / Section 3003M
§ Â
        3003M. Prohibition on use of lead paints on outdoor structures.
Status: in_force

The use by any person of lead paints on outdoor structures, whether applied to new outdoor structures or already existing outdoor structures, shall be prohibited after the effective dates in this chapter.
16 Del. C. § 4918A — Delaware Code / Title 16 / Chapter 49A / Section 4918A
§ Â
        4918A. Compassion center and safety compliance facility agents.
Status: in_force

(a) (1) Every person seeking to become a principal officer, board member, agent, volunteer, or employee of a registered compassion center or a registered safety compliance facility shall obtain a background check in compliance with § 4927A of this title before beginning work, with or without compensation, at a registered compassion center or a registered safety compliance facility. Once a person becomes a principal officer, board member, agent, volunteer, or employee of a registered compassion center or a registered safety compliance facility, the person must obtain a background check in compliance with § 4927A of this title every 5 years.

(2) A registered compassion center or a registered safety compliance facility may not employ, with or without compensation, any person who:

a. Was convicted of an excluded felony offense;

b. Is under 21 years of age;

c. Has been convicted of a misdemeanor drug offense, as provided in this title or an equivalent offense from another jurisdiction, within 5 years from the date of the application that is not excluded in § 4902A(7)b.2. of this title.

(3) The Commissioner is responsible for reviewing the background check of a person seeking to become, or who is, a principal officer, board member, agent, volunteer, or employee of a registered compassion center or a registered safety compliance facility to determine if the person complies with paragraph (a)(2) of this section. The Commissioner shall notify the registered compassion center or registered safety compliance facility if a person is disqualified under paragraph (a)(2) of this section.

(b) A registered compassion center or safety compliance facility agent must have documentation when transporting marijuana on behalf of the registered safety compliance facility or registered compassion center that specifies the amount of marijuana being transported, the date the marijuana is being transported, the registry ID certificate number of the registered compassion center or registered safety compliance facility, and a contact number to verify that the marijuana is being transported on behalf of the registered compassion center or registered safety compliance facility.
16 Del. C. § 7407 — Delaware Code / Title 16 / Chapter 74 / Section 7407
§ Â
        7407. Inspection.
Status: in_force

The Authority or its duly authorized representatives shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violations of this chapter and rules and regulations issued thereunder, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly authorized designated representative.
16 Del. C. § 9701 — Delaware Code / Title 16 / Chapter 97 / Section 9701
§ Â
        9701. Purposes.
Status: in_force

The purposes of the emergency medical services systems legislation are to establish and/or identify specific roles and responsibilities in regard to emergency medical services in Delaware in order to reduce morbidity and mortality rates for the citizens of Delaware and to ensure quality of emergency care services, within available resources, through the effective coordination of the emergency medical services system.
16 Del. C. § 5009 — Delaware Code / Title 16 / Chapter 50 / Section 5009
§ Â
        5009. Probable cause hearing.
Status: in_force

(a) Upon the filing of the probable cause complaint the court shall forthwith:

(1) Schedule a probable cause hearing to determine whether probable cause exists for the involuntary patient’s confinement, and, where necessary, appoint counsel to represent the involuntary patient. Such probable cause hearing shall be held as soon as practicable, but no later than 8 working days from the filing of the complaint. Hearings may be conducted using electronic means, such as video conferencing.

(2) Direct that notice of the probable cause hearing and copies of the pleadings be supplied to the involuntary patient, the patient’s counsel and to the involuntary patient’s spouse, other relative, close personal friend of the patient or any other person identified by the patient, provided that the patient is given the opportunity to agree, prohibit, or restrict the disclosure.

(3) Enter such other orders as may be appropriate, including an order authorizing the continued provisional confinement of the involuntary patient until further order of the court.

(b) (1) If, pursuant to the probable cause hearing, the court determines that probable cause does not exist for involuntary inpatient commitment, the involuntary patient shall be immediately discharged.

(2) If the court determines that probable cause does exist for involuntary inpatient commitment, it shall schedule an involuntary inpatient commitment hearing, pursuant to § 5011 of this title, for the earliest practicable date, and no later than 8 working days after the probable cause hearing; and where necessary, it shall appoint an independent psychiatrist or other qualified medical expert to examine the involuntary patient and act as an expert witness on the involuntary patient’s behalf. Notice of the hearing shall be given to the involuntary patient and the patient’s counsel.

(c) If the court determines that probable cause does not exist for involuntary inpatient commitment, but finds that an individual meets the criteria for outpatient treatment over objection, the court may order that an individual be placed on outpatient treatment over objection, pursuant to § 5013 of this title, and the next hearing shall be scheduled for 3 months after the probable cause hearing. The court may only place an individual on outpatient treatment over objection at a probable cause hearing if the issue has been appropriately noticed.

(d) For good cause shown, the court may order that judicial proceedings under this chapter take place in the court in and for a county other than the county in which the action was initiated.

(e) For purposes of this chapter and for any other legal purpose, no person shall be considered “involuntarily committed” until the court so orders following a probable cause hearing held pursuant to the requirements of this chapter.

(f) If the court makes a determination under paragraph (b)(2) of this section or subsection (c) of this section, the court shall order an individual subject to a determination under paragraph (b)(2) of this section or subsection (c) of this section to relinquish any firearms or ammunition owned, possessed, or controlled by the individual.

(g) The court may do any of the following through an order of relinquishment issued under subsection (f) of this section:

(1) Require the individual subject to a determination under paragraph (b)(2) of this section or subsection (c) of this section to relinquish to a law-enforcement agency receiving the court’s order any firearms or ammunition owned, possessed, or controlled by the individual.

(2) Allow the individual subject to a determination under paragraph (b)(2) of this section or subsection (c) of this section to relinquish firearms or ammunition owned, possessed, or controlled by the individual to a designee of the individual. A designee of the individual must not reside with the individual and must not be a person prohibited under § 1448 of this title. The court must find that the designee of the individual will keep firearms or ammunition owned, possessed, or controlled by the individual out of the possession of the individual.

(3) Prohibit the individual subject to a determination under paragraph (b)(2) of this section or subsection (c) of this section not to reside with another individual who owns, possesses, or controls firearms or ammunition. Nothing in this section may be construed to impair or limit the rights, under the Second Amendment to the United States Constitution or article I, § 20 of the Delaware Constitution, of an individual who is not the subject of the court’s order of relinquishment.

(4) Direct a law-enforcement agency having jurisdiction where the individual resides or the firearms or ammunition are located to immediately search for and seize firearms or ammunition of the individual subject to a determination under paragraph (b)(2) of this section or subsection (c) of this section if the Department of Justice shows that the individual has ownership, possession, or control of a firearm or ammunition.

(h) An individual subject to an order of relinquishment under subsection (f) of this section may seek relief from the order under § 1448A(l) of Title 11.
16 Del. C. § 2503A — Delaware Code / Title 16 / Chapter 25A / Section 2503A
§ Â
        2503A. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Advance health-care directive” means as defined under § 2502 of this title or any individual instruction or power of attorney for health care valid in the state where such document was executed or where the individual executing such document was a resident at the time that such document was executed that appoints an agent. Said document must have been executed by the individual authorizing the appointed agent to make decisions about the individual’s health care when such individual no longer has decision-making capacity.

(2) “Decision-making capacity” means a patient’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.

(3) “Delaware Medical Orders for Scope of Treatment” or “DMOST” means a clinical process to facilitate communication between health-care professionals and patients living with serious illness or frailty whose health-care practitioner would not be surprised if they died within the next year or, if the patient lacks decision-making capacity, the patient’s authorized representative. The process encourages shared, informed medical decision-making. The result is a DMOST form, which contains portable medical orders that respect the patient’s goals for care in regard to the use of CPR and other medical interventions. The DMOST form is applicable across health-care settings, is reviewable, and is revocable.

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

(5) “DMOST form” means a standardized document created or approved by the Department that is uniquely identifiable and has a uniform format or color, which:

a. Is used on a voluntary basis by patients living with serious illness or frailty whose health-care practitioner would not be surprised if they died within the next year;

b. Is not an advance health-care directive;

c. Is not valid unless it meets the requirements for a completed DMOST form as set forth in this chapter;

d. Is intended to provide direction to emergency care personnel regarding the use of emergency care and to health-care providers regarding the use of life-sustaining treatment by indicating the patient’s preference concerning the scope of treatment, the use of specified interventions, and the intensity of treatment for each intervention;

e. Is intended to accompany the patient, and to be honored by all personnel attending the patient, across the full range of possible health-care settings, including but not limited to the patient’s home, a health-care institution, at the scene of a medical emergency, or during transport;

f. May be reviewed or voided at any time by a patient with decision-making capacity or, if the patient lacks decision-making capacity, the patient’s representative in accordance with the provisions of § 2511A of this title; and

g. Must be signed by a health-care practitioner.

(6) “Emergency-care provider” means an emergency medical technician, paramedic, or first responder authorized under Chapter 97 of this title.

(7) “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.

(8) “Health-care practitioner” means a physician or an individual licensed and authorized to write medical orders under Title 24 who is providing care for the patient or overseeing the health care provided to a patient and has completed all training required by the Department for individuals participating in the completion of a DMOST form. Over time, a patient’s health-care practitioner may change.

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

(10) “Life-sustaining treatment” includes any medical intervention, including procedures, administration of medication, or use of a medical device, that maintains life by sustaining, restoring, or supplanting a vital function. It does not include care provided for the purpose of keeping a patient comfortable.

(11) “Patient” means the individual who is under the care of the health-care practitioner or health-care provider.

(12) “Patient’s authorized representative” or “authorized representative” means the individual signing a DMOST form on behalf of a patient without decision-making capacity, 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 being made on the DMOST form such individual is executing on behalf of the patient. The health-care practitioner shall determine the individual who is the patient’s authorized representative by referencing the documentation giving such individual the required authority under law. The regulations implementing this chapter shall explain the priority set by law regarding who can act as an authorized representative. Based on the documentation provided by such individual as evidence of that individual’s authority, the patient’s authorized representative could be an agent designated by a patient under an advance health-care directive, a guardian of the person appointed pursuant to Chapters 39 and 39A of Title 12, in accordance with the authority granted by the appointing court, a default surrogate under Chapter 25 of this title, or 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, if the patient lacks decision-making capacity.

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

(14) “Scope of treatment” means those medical interventions, procedures, medications, and treatments that a patient, in consultation with a health-care practitioner, has determined are appropriate, necessary and desired by and for the patient and that a patient has determined to refuse or to allow. Scope of treatment always respects the patient and includes the provision of comfort measures. A patient may decline life-sustaining treatment.

(15) “Secretary” means the Secretary of the Department of Health and Social Services.
16 Del. C. § 1608 — Delaware Code / Title 16 / Chapter 16 / Section 1608
§ Â
        1608. Enforcement.
Status: in_force

All law-enforcement agencies of the State, including enforcement personnel of the Department of Natural Resources and Environmental Control, shall enforce this chapter.
16 Del. C. § 3001R — Delaware Code / Title 16 / Chapter 30R / Section 3001R
§ Â
        3001R. Purpose.
Status: in_force

This chapter directs the Division of Public Health to make available online to the public the levels of PFAS, also known as “forever chemicals,” in public drinking water systems in this State. This chapter also requires water utility companies in this State to notify public drinking water system users if the PFAS in those users’ drinking water systems exceed a certain maximum contaminant level of PFAS.
16 Del. C. § 502 — Delaware Code / Title 16 / Chapter 5 / Subchapter I / Section 502
§ Â
        502. Report of contagious diseases â To local boards.
Status: in_force

Every physician or other person having knowledge of any person who is suffering from any disease dangerous to the public health, which the Department of Health and Social Services may require to be reported shall report the same to the local health board or official nearest such physician’s or other person’s place of residence, giving the name, age, sex and color of the patient and the house or place where the patient may be found.
16 Del. C. § 6101 — Delaware Code / Title 16 / Chapter 61 / Subchapter I / Section 6101
§ Â
        6101. Interstate Compact on Mental Health.
Status: in_force

The Interstate Compact on Mental Health is enacted into law and entered into by this State with all other states legally joining therein in the form substantially as follows:

INTERSTATE COMPACT ON MENTAL HEALTH

The contracting states solemnly agree that:

ARTICLE I

The party states find that the proper and expeditious treatment of persons with mental conditions and mental disabilities can be facilitated by cooperative action to the benefit of the patients, their families and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of persons with mental conditions and mental disabilities under a system that recognized the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.

ARTICLE II

As used in this compact:

(a) “Sending state” shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.

(b) “Receiving state” shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.

(c) “Institution” shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental conditions or mental disabilities.

(d) “Patient” shall means any person subject to or eligible as determined by the laws of the sending state for institutionalization or other care, treatment or supervision pursuant to the provisions of this compact.

(e) “After-care” shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release.

(f) “Mental condition” shall mean mental disease to such extent that a person so afflicted requires care and treatment for that person’s own welfare or the welfare of others or of the community.

(g) “Mental disability” shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing oneself and one’s affairs, but shall not include mental illness as defined herein.

(h) “State” shall mean any state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico.

ARTICLE III

(a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental condition or mental disability, the person shall be eligible for care and treatment in an institution in that state irrespective of the person’s residence, settlement or citizenship qualifications.

(b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient’s full record with due regard for the location of the patient’s family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.

(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient, furnished all available medical and other pertinent records concerning the patient, given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish, and unless the receiving state shall agree to accept the patient.

(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that the interstate patient would be taken if the interstate patient were a local patient.

(e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.

ARTICLE IV

(a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient’s intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient and such other documents as may be pertinent.

(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state.

(c) In supervising, treating or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care and treatment that it employs for similar local patients.

ARTICLE V

Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escapee in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, that patient shall be detained in the state where found pending disposition in accordance with law.

ARTICLE VI

The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact without interference.

ARTICLE VII

(a) No person shall be deemed a patient of more than 1 institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.

(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any 2 or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.

(c) No provision of this compact shall be construed to alter or affect any internal relationships among the department, agencies and officers of and in the government of a party state or between a party state and its subdivision as to the payment of costs or responsibilities therefor.

(d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible to any provision of this compact.

(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of persons with mental conditions or mental disabilities, or any statutory authority pursuant to which such agreements may be made.

ARTICLE VIII

(a) Nothing in this compact shall be construed to abridge, diminish or in any way impair the rights, duties and responsibilities of any patient’s guardian on that patient’s guardian’s own behalf or in respect of any patient for whom the guardian may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall, upon being duly advised of the new appointment and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue the guardian’s power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.

(b) The term “guardian” as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator or other person or agency denominated who is charged by law with power to act for or responsibility for the person or property of a patient.

ARTICLE IX

(a) No provisions of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge or whose institutionalization is due to the commission of an offense for which, in the absence of a mental condition or mental disability, said person would be subject to incarceration in a penal or correctional institution.

(b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental conditions or mental disabilities.

ARTICLE X

(a) Each party state shall appoint a “compact administrator” who, on behalf of that party state, shall act as general coordinator of activities under the compact in that party state and who shall receive copies of all reports, correspondence and other documents relating to any patient processed under the compact by that party state either in the capacity of sending or receiving state. The compact administrator or the compact administrator’s duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.

(b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.

ARTICLE XI

The duly constituted administrative authorities of any 2 or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities or institutional care and treatment in the fields of mental conditions or mental disabilities No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.

ARTICLE XII

This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.

ARTICLE XIII

(a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect 1 year after notice thereof has been communicated officially and in writing to the Governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact.

(b) Withdrawal from any agreement permitted by Article VII (b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.

ARTICLE XIV

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
16 Del. C. § 4721 — Delaware Code / Title 16 / Chapter 47 / Subchapter II / Section 4721
§ Â
        4721. Schedule V tests.
Status: in_force

The Secretary shall place a substance in Schedule V if the Secretary finds that:

(1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;

(2) The substance has currently accepted medical use in treatment in the United States; and

(3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.
16 Del. C. § 9408A — Delaware Code / Title 16 / Chapter 94A / Section 9408A
§ Â
        9408A. Limitation of liability.
Status: in_force

A person who in good faith acts in reliance on an authorization in a supported decision-making agreement, or who in good faith declines to honor an authorization in a supported decision-making agreement, is not subject to civil or criminal liability or to discipline for unprofessional conduct for any of the following:

(1) Complying with an authorization in a supported decision-making agreement based on an assumption that the underlying supported decision-making agreement was valid when made and has not been revoked or abrogated under § 9405A of this title.

(2) Declining to comply with an authorization in a supported decision-making agreement based on actual knowledge that the agreement is invalid or has been revoked or abrogated under § 9405A of this title.

(3) Declining to comply with an authorization related to health care in a supported decision-making agreement because the action proposed to be taken under the agreement is contrary to the conscience or good faith medical judgment of the person or to a written policy of a health-care institution that is based on reasons of conscience.
16 Del. C. § 7124 — Delaware Code / Title 16 / Chapter 71A / Section 7124
§ Â
        7124. Effective date.
Status: in_force

This chapter shall take effect on January 1, 2009, and the requirement that only cigarettes certified as compliant with the performance standard herein may be sold shall not prohibit wholesale dealers or retail dealers from selling their existing inventory of cigarettes on or after January 1, 2009, if the wholesale dealer or retailer can establish that state tax stamps were affixed to the cigarettes prior to January 1, 2009, and if such wholesale dealer or retailer can establish that such inventory was purchased prior to January 1, 2009, in comparable quantity to the inventory purchased during the same period of the prior year. 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 such cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and 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. § 3006D — Delaware Code / Title 16 / Chapter 30D / Section 3006D
§ Â
        3006D. Warning signs and statements.
Status: in_force

(a) Each tanning facility shall post at least 1 warning sign in a place readily visible to persons entering the facility. Lettering must be clear, legible, and at least 1/4 inch in height, unless otherwise provided herein. The sign shall have dimensions not less than 11 inches by 17 inches and shall have the following statements:

(1) “DANGER — ULTRAVIOLET RADIATION”, in capital letters at least 1/2 inch in height;

(2) “Follow the manufacturer’s instructions for this device.”;

(3) “Avoid overexposure. As with sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure to ultraviolet radiation may cause chronic sun damage characterized by wrinkling, dryness, fragility, bruising of the skin, and skin cancer.”;

(4) “Avoid sunbathing before or after exposure to ultraviolet radiation from sunlamps.”;

(5) “Wear protective eyewear. Failure to do so may result in severe burns or permanent injury to the eyes.”; and

(6) “Medications or cosmetics may increase sensitivity to ultraviolet radiation. Consult a physician before using a sunlamp if you are using medications, have a history of skin problems, or believe you are especially sensitive to sunlight.”

(b) Each customer shall be provided with a written warning statement prior to each use of the tanning equipment or device. The warning statement shall include the following statements:

(1) “Failure to use eye protection may result in injury to the eyes.”;

(2) “Overexposure to ultraviolet light may cause burns.”;

(3) “Repeated exposure to ultraviolet light may result in skin cancer and premature aging of the skin.”;

(4) “Abnormal skin sensitivity or burning may be caused by reactions of ultraviolet light to certain foods, cosmetics, or medications, including tranquilizers, diuretics, antibiotics, high blood pressure medications, and birth control pills.”;

(5) “Anyone taking a prescription or over-the-counter drug should consult a physician before using any tanning equipment or device.”
16 Del. C. § 10205 — Delaware Code / Title 16 / Chapter 102 / Section 10205
§ Â
        10205. Duties and responsibilities of the Board.
Status: in_force

(a) The Board shall review the 211 Community Social Services system and services and submit recommendations to the Office for changes, modifications, or deletions.

(b) The Board shall schedule and conduct at least 4 regular meetings during the first year of operation of the 211 Helpline. The public must be given an opportunity to express views concerning the 211 Helpline system and service. Thereafter, the Board shall meet at such times and places as the members consider necessary and at such times as requested by the Director.
16 Del. C. § 103 — Delaware Code / Title 16 / Chapter 1 / Subchapter I / Section 103
§ Â
        103. Deputy state health officers â Appointment; term; compensation; removal.
Status: in_force

(a) Subject to the approval of the Department, the Secretary shall appoint for each county in the State a deputy state health officer, who shall be a person trained and experienced in public health. Each deputy state health officer shall be appointed for a term of 4 years and shall devote full time to the duties of office. The deputy health officer shall receive such compensation as is fixed by the Department and necessary expenses, which shall be paid monthly out of state funds.

(b) The Department may remove deputy state health officers for cause, upon charges and after a hearing, and may appoint a suitable person to fill any unexpired term.
16 Del. C. § 7312 — Delaware Code / Title 16 / Chapter 73 / Section 7312
§ Â
        7312. Kerosene labeling requirements.
Status: in_force

1-K and 2-K kerosene which is kept, offered, exposed for sale or sold within the State shall be properly identified as meeting A.S.T.M. standards. Such identification requirements shall apply to every dispenser and delivery ticket (manifest or invoice) accompanying the transfer of kerosene which is kept, offered, exposed for sale or sold in the State. Furthermore, dispensers or retail pumps of kerosene fuels other than 1-K must bear the following warning label in a conspicuous place: A.S.T.M. grade 2-K kerosene is not suitable for use in unvented (flueless) portable heaters. Evidence for the quality of 1-K or 2-K from the supplier of kerosene shall be maintained at the retail sales location and shall be available for state inspection during normal business hours.
16 Del. C. § 4734 — Delaware Code / Title 16 / Chapter 47 / Subchapter III / Section 4734
§ Â
        4734. Denial, revocation and suspension of registration; order to show cause proceedings before the Secretary.
Status: in_force

(a) A registration under § 4733 of this title may be denied, suspended or revoked by the Secretary upon a finding that the registrant’s DEA registration or underlying practitioner license has been suspended or revoked, or the registrant has failed to comply with any mandatory continuing education requirements established by the Secretary’s rules.

(b) Before denying, suspending or revoking a registration, the Secretary shall serve upon the applicant or registrant an order to show cause why registration should not be denied, suspended or revoked. The order to show cause shall contain a statement of the basis therefore and shall call upon the applicant or registrant to appear before the Secretary at a time and place not more than 30 days after the date of service of the order. Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing.
16 Del. C. § 804C — Delaware Code / Title 16 / Chapter 8C / Section 804C
§ Â
        804C. Newborn Screening Program [Effective July 17, 2028].
Status: repealed

(a) The Department of Health and Social Services shall adopt rules and regulations under and pursuant to this State’s Administrative Procedures Act, Chapter 101 of Title 29, to carry out the objectives of this chapter. All prior regulations and rules promulgated by the Delaware Division of Public Health in regard to the screening of newborn infants for diseases shall remain in full force and effect until amended or repealed by the Department.

(b) All hospitals, birthing centers and other birth attendants shall obtain a satisfactory specimen within 24 to 48 hours of age and shall perform, or arrange for, screening for critical congenital heart defects.

(c) The Division of Public Health shall provide results to the physician on record.

(d) The Director of the Division of Public Health, with advice from the Committee, will determine which disorders shall be on the screening panel.

(e) Blood specimens for metabolic, hematologic, endocrinologic, and immunologic disorders will be destroyed after screening and testing is complete. Screening and testing includes confirmation of any diagnosis.

(f) Records obtained from screenings will be retained by the Division of Public Health.

(g) Fees. — (1) The Newborn Screening Program shall bill the birth facility or individual attending the birth for services provided for each newborn screened under these regulations including but not limited to, the cost of the kits for collection of specimens, the laboratory fee for analysis, and administrative costs. The amount billed will be determined by the Director of the Division of Public Health in consultation with the Advisory Committee and the program staff. The fee will be determined in July of each year based on the cost of the program. All fees collected as a result of billing are hereby appropriated to, and shall be retained by, the Newborn Screening Program to defray operating expenses associated with this chapter, operation of the Program, and programming to ensure the optimal health and development across the lifespan of the maternal and child health population.

(2) No Delaware newborn shall be denied testing for hereditary disorders because of inability of the newborn’s parent or legal guardian to pay the fee.(a) The Department of Health and Social Services shall adopt rules and regulations under and pursuant to this State’s Administrative Procedures Act, Chapter 101 of Title 29, to carry out the objectives of this chapter. All prior regulations and rules promulgated by the Delaware Division of Public Health in regard to the screening of newborn infants for diseases shall remain in full force and effect until amended or repealed by the Department.

(b) All hospitals, birthing centers and other birth attendants shall obtain a satisfactory specimen within 24 to 48 hours of age and shall perform, or arrange for, screening for critical congenital heart defects.

(c) The Division of Public Health shall provide results to the physician on record.

(d) The Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, with advice from the Committee, will determine which disorders shall be on the screening panel.

(e) Blood specimens for metabolic, hematologic, endocrinologic, and immunologic disorders will be destroyed after screening and testing is complete. Screening and testing includes confirmation of any diagnosis.

(f) Records obtained from screenings will be retained by the Division of Public Health.

(g) Fees. — (1) The Newborn Screening Program shall bill the birth facility or individual attending the birth for services provided for each newborn screened under these regulations including but not limited to, the cost of the kits for collection of specimens, the laboratory fee for analysis, and administrative costs. The amount billed will be determined by the Director of the Division of Public Health in consultation with the Advisory Committee and the program staff. The fee will be determined in July of each year based on the cost of the program. All fees collected as a result of billing are hereby appropriated to, and shall be retained by, the Newborn Screening Program to defray operating expenses associated with this chapter, operation of the Program, and programming to ensure the optimal health and development across the lifespan of the maternal and child health population.

(2) No Delaware newborn shall be denied testing for hereditary disorders because of inability of the newborn’s parent or legal guardian to pay the fee.
16 Del. C. § 1003B — Delaware Code / Title 16 / Chapter 10B / Section 1003B
§ Â
        1003B. Appointment; composition; qualifications; term of office; removal; compensation.
Status: in_force

(a) The Commission consists of 19 members, as follows:

(1) Ten members serving by virtue of position, or a designee selected by the member, as follows;

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

b. The Director of the Division of Services for Aging and Adults with Physical Disabilities.

c. The Director of the Division of Health Care Quality.

d. The Long-Term Care Ombudsman.

e. The Chancellor of the Court of Chancery.

f. The Attorney General.

g. The Public Guardian.

h. The Chair of the Domestic Violence Coordinating Council.

i. The Superintendent of the Delaware State Police.

j. The Chief Medical Examiner.

(2) One member of the House of Representatives, or the member’s designee, appointed by the Speaker of the House of Representatives.

(3) One member of the Senate, or the member’s designee, appointed by the President Pro Tempore of the Senate.

(4) Seven members appointed by the Governor as follows:

a. A board-certified physician licensed to practice in Delaware.

b. One individual from the Senior Protection Initiative.

c. One individual from a law-enforcement agency other than the State Police. This member may select a designee.

d. Four individuals from the vulnerable adult protection community.

(b) Members who are granted the ability to select a designee must provide the designation in writing to the commission chair. A designee serves at the pleasure of and has the same duties and rights as the member who provided the designation.

(c) Each member appointed under paragraph (a)(4) of this section is appointed for a period of 3 years and may serve 1 additional term. Each term expires on the date specified in the appointment; however, a member remains eligible to participate in commission proceedings until the Governor replaces that member.

(d) The Governor may appoint a member under paragraph (a)(4) of this section for a term of less than 3 years to ensure that the members’ terms expire on a staggered basis.

(e) A member does not receive compensation but may be reimbursed for actual and necessary expenses incurred in the performance of the member’s official duties.

(f) A member may be removed by the member’s appointing authority for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular commission meetings or attends less than 50% of commission meetings in a calendar year. The member’s appointing authority may consider the member to have resigned and may accept the member’s resignation.
16 Del. C. § 2743 — Delaware Code / Title 16 / Chapter 27 / Subchapter III / Section 2743
§ Â
        2743. Discrimination prohibited.
Status: in_force

(a) A covered entity shall not, solely on the basis of a qualified individual’s mental or physical disability:

(1) Deem an individual ineligible to receive an anatomical gift or organ transplant;

(2) Deny medical and related services related to organ transplantation, including evaluation, surgery, counseling, post-operative treatment and services;

(3) Refuse to refer the individual to a transplant center or other related specialist for the purpose of evaluation or receipt of an organ transplant;

(4) Refuse to place an individual on an organ transplant waiting list, or placement of the individual at a lower-priority position on the list than the position at which the individual would have been placed if not for that individual’s disability; or

(5) Decline insurance coverage for any procedure associated with the receipt of the anatomical gift, including post-transplantation care;

(b) Notwithstanding subsection (a) of this section, a covered entity may take an individual’s disability into account when making treatment and/or coverage recommendations or decisions, solely to the extent that the physical or mental disability has been found by a physician or surgeon, following an individualized evaluation of the potential recipient, to be medically significant to the provision of the organ transplant. The provisions of this section shall not be deemed to require referrals or recommendations for, or the performance of, medically inappropriate organ transplants.

(c) If an individual has the necessary support system to assist the individual in complying with post-transplant medical requirements, an individual’s inability to independently comply with those requirements shall not be deemed to be medically significant for the purposes of subsection (b) of this section.

(d) A covered entity shall make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to make services such as transplantation-related counseling, information, coverage, or treatment available to qualified individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such services;

(e) A covered entity shall take such steps as may be necessary to ensure that no qualified individual with a disability is denied services such as transplantation-related counseling, information, coverage, or treatment because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the services being offered or would result in an undue burden;

(f) A covered entity shall otherwise comply with the requirements of Titles II and III of the Americans with Disabilities Act [42 U.S.C. § 12141 et seq. and 42 U.S.C. § 12181 et seq.] and ADA Amendments Act of 2008 [P.L. 110-325].

(g) The provisions of this section shall apply to each part of the organ transplant process.
16 Del. C. § 1191 — Delaware Code / Title 16 / Chapter 11 / Subchapter IX / Section 1191
§ Â
        1191. Mandatory drug screening.
Status: in_force

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

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

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

(1) Marijuana/cannabis.

(2) Cocaine.

(3) Opiates.

(4) Phencyclidine (“PCP”).

(5) Amphetamines.

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

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

(e) Any employer who fails to comply with the requirements of this section is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
16 Del. C. § 6836 — Delaware Code / Title 16 / Chapter 68 / Subchapter V / Section 6836
§ Â
        6836. Limitation on liability of nonprofit sports programs.
Status: in_force

(a) Uncompensated qualified staff. — Any person who renders services without compensation as a member of the qualified staff of a nonprofit sports program shall not be liable under the laws of this State for civil damages resulting from any negligent act or omission of such qualified member occurring in the performance of any duty of such qualified member to the extent that said damages exceed either existing liability insurance coverage applicable to the negligent act or omission or the minimum liability insurance coverage required by law if no coverage applicable to the negligent act or omission exists.

(b) Sponsors and operators. — Any person who sponsors or operates a nonprofit sports program shall not be liable under the laws of this State for civil damages resulting from any negligent act or omission of any person who renders services without compensation as a member of the qualified staff of a nonprofit sports program and occurring in the performance of any duty of such qualified member to the extent that said damages exceed either liability insurance coverage applicable to the negligent act or omission or minimum liability insurance coverage required by law if no coverage applicable to the negligent act or omission exists.
16 Del. C. § 4736 — Delaware Code / Title 16 / Chapter 47 / Subchapter III / Section 4736
§ Â
        4736. Hearings before the Secretary; subpoenas; judicial review.
Status: in_force

(a) Any registrant complained against under this chapter may appear personally or by counsel at the hearing and produce any competent evidence on the registrant’s behalf in answer to the complaint. Hearings shall be conducted in accordance with the Administrative Procedures Act [Chapter 101 of Title 29]. The Secretary shall be authorized to administer oaths, examine witnesses and issue notices of hearings or subpoenas requiring the testimony of witnesses and the production of books, records or other documents relevant to any matter involved in such hearing, and subpoenas shall also be issued at the request of the applicant or person complained against. In case of contumacy or refusal to obey a notice of hearing or subpoena under this section, the Superior Court in the county in which the hearing is held shall have jurisdiction, upon application of the Secretary to issue an order requiring such person to appear and testify or produce evidence as the case may require.

(b) Any registrant aggrieved by a decision of the Secretary to deny, suspend, limit, revoke or refuse to renew registration under this chapter may appeal such decision to Superior Court. Such appeal shall be governed by the Administrative Procedures Act. When notified of an appeal under this section, the Secretary shall forward to Superior Court a certified and complete copy of the written transcripts of evidence adduced at the hearing before the Secretary together with a written copy of the Secretary’s findings and rulings and the Secretary’s reasons therefor.
16 Del. C. § 4302 — Delaware Code / Title 16 / Chapter 43 / Section 4302
§ Â
        4302. Denial of license.
Status: in_force

A license applied for pursuant to § 4301 of this title may be denied at the time of application if the establishment of the applicant is known to be in an unsanitary condition or if the water supply is known to be dangerously polluted.
16 Del. C. § 9302 — Delaware Code / Title 16 / Chapter 93 / Section 9302
§ Â
        9302. Definitions.
Status: in_force

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

(1) “Board” shall mean the Delaware Health Resources Board established pursuant to § 9303 of this title.

(2) “Bureau” shall mean the Bureau of Health Planning and Resources Management within the Department of Health and Social Services.

(3) “Certificate of Public Review” shall mean the written approval of an application to undertake an activity subject to review as described in § 9304 of this title.

(4) “Health-care facility” shall include hospital, nursing home, freestanding birthing center, freestanding surgical center, freestanding acute inpatient rehabilitation hospital, and freestanding emergency center, whether or not licensed or required to be licensed by the State, whether operated for profit or nonprofit and whether privately owned or operated or owned or operated by a unit of State or local government. The term also includes continual care communities and any other nontraditional, long-term care facilities identified by the Department of Health and Social Services or the Delaware Health Care Commission. The term does not include Christian Science sanatoriums operated or listed and certified by the First Church of Christ Scientist, Boston, Massachusetts. The term shall not include any physician’s office, whether an individual or group practice, any independent clinical laboratory or any radiology laboratory. The term shall also not include the office of any other licensed health-care provider, including, but not limited to, physical therapist, dentist, physician assistant, podiatrist, chiropractor, an independently practicing nurse or nurse practitioner, optometrist, pharmacist or psychologist. The term also shall not include any dispensary or first aid station located within a business or industrial establishment maintained solely for the use of employees, provided that the facility does not contain inpatient beds, nor shall it apply to any first aid station or dispensary or infirmary offering non-acute services exclusively for use by students and employees of a school or university or by inmates and employees of a prison, provided that services delivered therein are not the substantial equivalent of hospital services in the same area or community. Further:

a. “Freestanding acute inpatient rehabilitation hospital” shall mean a facility that satisfies, or is expected by the person who will construct, develop or establish the facility to satisfy, the requirements of 42 C.F.R. § 412.23(b); provided that, if such facility is not paid under the prospective payment system specified in 42 C.F.R. § 412.1(a)(3) within 24 months after accepting its first patient, then it shall not be considered a freestanding acute inpatient rehabilitation hospital under this section.

b. “Freestanding birthing center” shall mean any facility licensed as such pursuant to Chapter 1 of this title and more particularly in the Department of Health and Social Services Regulations.

c. “Freestanding emergency center” shall mean any facility licensed as such pursuant to Chapter 1 of this title and more particularly 16 DE Admin. Code 3340.

d. “Freestanding surgical center” shall mean any facility licensed as such pursuant to Chapter 1 of this title and more particularly in the Department of Health and Social Services Regulations.

e. “Hospital” shall mean any nonfederal facility licensed as such pursuant to Chapter 10 of this title and more particularly 16 DE Admin. Code 3370.

f. “Nursing home” shall mean any nonfederal facility licensed as such pursuant to Chapter 11 of this title and more particularly 16 DE Admin. Code 3201.

(5) “Health services” shall mean clinically related (i.e., diagnostic, curative or rehabilitative) services provided in or through health-care facilities.

(6) “Major medical equipment” shall mean a single unit of medical equipment or a single system of components with related functions which is used for the diagnosis or treatment of patients and which:

a. Entails a capital expenditure as set forth in this chapter which exceeds $5,800,000 or some greater amount which has been designated by the Board following an annual adjustment for inflation using an annual inflation index determined by the United States Department of Labor, Bureau of Labor Statistics;

b. Represents medical technology which is not yet available in Delaware; or

c. Represents medical technology which has been designated by the Board as being subject to review.

The Board may exempt from review a capital expenditure used to acquire major medical equipment which represents medical technology which is not yet available in Delaware. A notice of intent filed pursuant to § 9305 of this title along with any other information deemed necessary by the Board shall provide the basis for exempting such a capital expenditure from review.

(7) “Person” shall mean an individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies and insurance companies), a state or political subdivision or instrumentality (including a municipal corporation) of a state.
16 Del. C. § 7930 — Delaware Code / Title 16 / Chapter 79 / Section 7930
§ Â
        7930. Privy vaults.
Status: in_force

Privy vaults or cesspools shall not be permitted on premises accessible to a public sewer.
16 Del. C. § 6310 — Delaware Code / Title 16 / Chapter 63 / Section 6310
§ Â
        6310. Reporting fees.
Status: in_force

(a) Excluding reports on mixtures, the reporting fees shall be assessed as follows: A filing fee not to exceed $40 shall be assessed for each hazardous chemical reported on an inventory form under § 6306 of this title. A filing fee not to exceed $80 shall be assessed for each extremely hazardous substance reported on an inventory form under § 6306 of this title. Effective with inventory forms due on or before March 1, 2018, covering calendar year 2017, and for subsequent reporting years, an increased fee of $60 shall be assessed for each hazardous chemical, and an increased fee of $100 shall be assessed for each extremely hazardous substance, in lieu of the prior fee amounts.

(b) For reports on mixtures, the reporting fees shall be assessed as follows: A filing fee not to exceed $40 shall be assessed for each mixture reported on an inventory form under § 6306 of this title containing extremely hazardous substances in a concentration of less than 10% by weight. A filing fee not to exceed $80 shall be assessed for each mixture reported on an inventory form under § 6306 of this title containing extremely hazardous substances in a concentration of 10% or more by weight. Effective with inventory forms due on or before March 1, 2018, covering calendar year 2017, and for subsequent reporting years, an increased fee of $60 shall be assessed for each mixture containing extremely hazardous substances in a concentration of less than 10% by weight, and an increased fee of $100 shall be assessed for each mixture containing extremely hazardous substances in a concentration of 10% or more by weight, in lieu of the prior fee amounts.

(c) The maximum fee collected under this section shall not exceed $5,000 per year per facility.

(d) Using procedures established by the Department, the owner and/or operator of each facility, subject to the fee provisions of this section, must calculate the facility reporting fee and submit such fee along with the associated inventory form to the Department on or before the deadline for submission of such form.
16 Del. C. § 98A-109 — Delaware Code / Title 16 / Chapter 98A / Section 98A-109
§ Â
        98A-109. Additional powers invested in a member stateâs EMS authority.
Status: in_force

A member state’s EMS authority, in addition to any other powers granted under state law, is authorized under this Compact to do all of the following:

1. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member state’s EMS authority for the attendance and testimony of witnesses, or the production of evidence from another member state are enforceable in the remote state by any court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings. The issuing state’s EMS authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located.

2. Issue cease and desist orders to restrict, suspend, or revoke an individual’s privilege to practice in the state.
16 Del. C. § 1003A — Delaware Code / Title 16 / Chapter 10A / Section 1003A
§ Â
        1003A. Reporting of infections by physicians.
Status: in_force

In accordance with this chapter, a physician who diagnoses and treats a healthcare associated infection related to a clinical procedure, such as a surgical procedure or device insertion, or a licensed practitioner who is permitted by law to diagnose and treat such infection and does so, is required to report the infection back to the healthcare facility at which the clinical procedure was performed. The infection prevention department of the healthcare facility will then be required to report to the Department only those infections that meet the accepted National Healthcare Safety Network definitions and are currently required to be reported by law.
16 Del. C. § 10103 — Delaware Code / Title 16 / Chapter 101 / Subchapter I / Section 10103
§ Â
        10103. E-911 Emergency Reporting System Fund.
Status: in_force

(a) The Fund shall be funded by means of a monthly surcharge of up to 60 cents per month imposed by providers on subscribers of telecommunications services in this State as follows.

(1) Residential telephone service. — The surcharge shall be imposed by each provider providing such service on all Delaware residential subscribers per residence exchange access line or per Basic Rate Interface (“BRI”) ISDN arrangement, where the residence exchange access service is provided via a BRI ISDN arrangement. The surcharge shall not be applied to residence exchange access lines provided to Lifeline subscribers.

(2) Business telephone service. — The surcharge shall be imposed by each provider providing such service on all Delaware business subscribers per business exchange access line and trunk or per BRI ISDN arrangement where the business exchange access service is provided via a BRI ISDN arrangement. Each Centrex access line shall be charged the equivalent of 1/9 of the surcharge; provided, however, that where a Centrex customer has fewer than 9 lines, the maximum monthly charge for those lines will be the surcharge imposed on each business exchange access line or trunk divided by the customer’s Centrex lines. Each Primary Rate Interface ISDN system shall be charged a rate equal to 5 times the surcharge. The surcharge shall not be applied to lines provided under wholesale arrangements.

(3) Wireless service. — The surcharge shall be imposed by each wireless provider on all wireless service customers for each wireless telephone number for which they are billed by such provider.

(4) Nontraditional communication services. — The surcharge shall be imposed by each provider of nontraditional communications service on subscribers of such services where such provider is required to or opts to provide 911 service.

(b) The surcharge amounts shall be deposited into the Fund as described below, along with any other state funds the General Assembly may from time to time appropriate.

(c) The provider shall impose the surcharge on the person purchasing the service but shall collect it on behalf of the State. The surcharges collected by a provider shall not be subject to taxes or charges levied by the State or any political subdivision thereof, nor shall they be considered revenue of the provider for any purpose.

(d) Each provider imposing the surcharge shall state such surcharge as a clearly identifiable, separate item on all subscriber invoices rendered after January 1, 2002.

(e) The surcharge shall not apply to wholesale services.

(f) All surcharges imposed by subsection (a) of this section shall be collected by providers from subscribers to telecommunications service with each invoice for service and shall be paid by providers on a monthly basis to the Department of Finance no later than the 15th day of the month following its collection and shall be deposited into the fund on a monthly basis.

(g) Each provider collecting such surcharges shall be entitled to recover the actual incremental costs of billing, collecting and remitting such surcharges, as well as the costs of compliance with any memorandum of understanding as described in subsection (h) of this section, through a credit against them. This cost is defined as the additional incremental expense incurred by the provider that is in addition to the normal expense of billing and collecting the charges for the provision of the provider’s normal telephone service. Where moneys collected by the provider are equal to or less than the total charge for the telephone service provided to subscribers or customers by that provider, not including the surcharge, all moneys collected will be applied to the charges for the actual telephone service provided.

(h) Each provider collecting such surcharges shall not be responsible for uncollectable surcharges. The State may also enter into a memorandum of understanding with each provider which shall include, but need not be limited to, the terms related to the collection and distribution of funds pursuant to this chapter and provide for reporting to the Board the names and addresses of subscribers that fail to pay the surcharge. However, nothing in this chapter shall be construed to prevent the State or the Board from taking appropriate actions to collect such surcharges designated by a provider as uncollectable.

(i) Each provider collecting such surcharge is fulfilling a governmental function and in so doing is immune from suit for damages of any kind and is not liable for refunds except to the extent that the provider has failed to collect or remit surcharges to the Fund in accordance with the requirements of this chapter.

(j) The Fund is created as a nonappropriated special fund. Balances in the Fund on June 30 of each year shall carry forward and shall not revert to the General Fund.
16 Del. C. § 1502 — Delaware Code / Title 16 / Chapter 15 / Section 1502
§ Â
        1502. Changing existing drainage systems.
Status: in_force

The Department of Health and Social Services may order and direct any changes in the construction of any cesspool or privy well or other drainage already constructed and used on any property in any incorporated town or within 1 mile of the water supply of the town which it deems necessary for the protection of the health of the inhabitants of the town or for the protection of the water supply thereof.
16 Del. C. § 2906 — Delaware Code / Title 16 / Chapter 29 / Section 2906
§ Â
        2906. Implementation; rules and regulations.
Status: in_force

(a) The Department of Labor shall adopt rules and regulations as are necessary and reasonable to implement the provisions of this chapter as they apply to employers, employees, places of employment and the work place.

(b) The Department of Health and Social Services shall adopt rules and regulations as are necessary and reasonable to implement remaining provisions of this chapter not affecting employers, employees and the work place.

(c) The Department of Health and Social Services and the Department of Labor may upon request waive the provisions of this chapter if they determine there are compelling reasons to do so, and such waiver will not significantly affect the health and comfort of nonconsumers of tobacco products.

(d) The Department of Health and Social Services and the Department of Labor shall file annual reports by January 15 to the General Assembly outlining their enforcement efforts for the prior year and the results of those efforts. The first report shall be due by November 27, 2002.
16 Del. C. § 2205 — Delaware Code / Title 16 / Chapter 22 / Section 2205
§ Â
        2205. Duties of Office.
Status: in_force

The Office of Substance Abuse Services, as a component of the Department of Health and Social Services, shall:

(1) Cooperate with the Department of Safety and Homeland Security and the Department of Correction to assist in developing and establishing programs to provide services for persons in need of treatment within the criminal justice system;

(2) Cooperate with the Department of Education, law-enforcement officials, and other public and private agencies to assist with the development and dissemination of substance abuse prevention materials for use at all levels of school education;

(3) Work in partnership with the Department of Services for Children, Youth and Their Families in establishing, licensing and evaluating programs for the prevention and treatment of substance abuse among children and youth;

(4) Organize and foster training programs for all persons engaged in providing services to persons in need of treatment;

(5) In coordination with the Department of Services for Children, Youth and Their Families, specify uniform methods for keeping statistical information by public and private agencies, organizations and individuals; and collect and annually provide relevant statistical information, including at a minimum the number of persons treated, the most commonly used substances, age of the treatment population, nature of treatment, frequency of admission and readmission, and frequency and duration of treatment;

(6) Advise the Governor in the preparation of a comprehensive plan for providing services to persons in need of treatment and its inclusion into a state comprehensive health plan; the plan should consider diagnosis, treatment, rehabilitation and education in the areas of substance abuse and dependence and should be revised over time as deemed necessary. In matter related to minors, advisement will be done in coordination with the Department of Services for Children, Youth and Their Families;

(7) Encourage hospitals and other health facilities to admit persons in need of treatment if the required treatment is within their scope of practice;

(8) Encourage all health and disability insurance programs to include substance abuse as a covered illness;

(9) Promote, develop, establish, coordinate and conduct through the Department or any approved agency, public or private, unified programs for education, prevention, diagnosis, research, treatment, aftercare, community referral and rehabilitation in the field of substance abuse and dependency, and to implement and administer such programs;

(10) Promulgate rules and regulations with the approval of the Secretary for the implementation of the authority and responsibilities within this chapter and employ persons responsible for implementing the purposes of this chapter, except insofar as such authority is granted to the Department of Services for Children, Youth and Their Families in Chapter 90 of Title 29;

(11) In coordination with the Department of Services for Children, Youth and Their Families, establish guidelines and provide for the systematic and comprehensive evaluation of the effectiveness of various programs licensed by the Office;

(12) Establish a substance evaluation team to assist all other agencies in determination of the appropriate treatment modalities for patients referred.
16 Del. C. § 2716 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2716
§ Â
        2716. Rights and duties at death.
Status: in_force

(a) The donee may accept or reject the gift. If the donee accepts a gift of the entire body, the donee may, subject to the terms of the gift, authorize embalming and the use of the body in funeral services. If the gift is of a part of the body, the donee, upon the death of the donor and prior to embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin or other persons under obligation to dispose of the body. The heir of any donor, at the time the disposition of the body takes place, may submit a request in writing to the donee that the body be returned to the heir at such time as the donee either refuses the disposition of the entire body or the parts thereof or determines that the donee no longer has use of the remains.

(b) A surgeon, physician, funeral director, recovery specialist or eye bank technician who is authorized to remove any part in accordance with this subchapter is also authorized to draw or secure a blood sample from the donor, in order to screen the tissue received for medical purposes.

(c) The time of death shall be determined by a physician who attends the donor at the donor’s death or, if none, the physician who certifies the death. This physician shall not participate in the procedures for removing or transplanting a part.

(d) A person who acts in good faith in accord with the terms of this subchapter or under the anatomical gift laws of another state (or a foreign country) is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for that act.

(e) Where no other provision for the same exists, a body, or the remains thereof, after it is no longer needed for the purpose indicated by the donor, may be buried at public expense on order of the Medical Council of Delaware, but in no case shall the expense of the burial exceed $100.

(f) This subchapter is subject to the laws of this State prescribing powers and duties with respect to autopsies. The OPO is authorized to obtain a copy of an autopsy report in a timely fashion upon request and payment of reasonable copying fees.
16 Del. C. § 1408 — Delaware Code / Title 16 / Chapter 14 / Section 1408
§ Â
        1408. Issuance of revenue bonds â Interest; maturity; use of proceeds; interim receipts or temporary bonds.
Status: in_force

(a) (1) Each authority created under this chapter may provide by resolution of its board, at 1 time or from time to time, for the issuance of revenue bonds of the authority for the purpose of paying the whole or any part of the cost of any project.

(2) The principal of and the interest on such bonds shall be payable solely from the funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates, shall mature at such time or times not exceeding 40 years from their date or dates, as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority prior to the issuance of the bonds.

(3) The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and the manner of execution of the bonds, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company.

(4) In case any officer, whose signature or a facsimile of whose signature shall appear on any bonds or coupons, shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until such delivery.

(5) All revenue bonds issued under this chapter shall have and are declared to have, as between successive holders, all the qualities and incidents of negotiable instruments under the negotiable instruments laws of the State. The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest and for the reconversion into coupon bonds of any bonds registered as to both principal and interest.

(6) The issuance of such bonds shall not be subject to any limitations or conditions contained in any other law and the authority may sell such bonds in such manner, either at public or at private sale, and for such price as it may determine to be in the best interests of the authority and the municipality to be served thereby.

(b) (1) The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects on account of which such bonds are issued and shall be disbursed in such manner and under such restrictions, if any, as the authority may provide in the authorizing resolution or in the trust agreement hereafter mentioned securing the same.

(2) If the proceeds of such bonds, by error of estimates or otherwise, shall be less than such cost, additional bonds may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the authorizing resolution or in the trust agreement securing the same, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose.

(3) If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds shall have been issued, the surplus shall be deposited to the credit of the reserve account or sinking fund for such bonds.

(c) (1) Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery.

(2) The authority may also provide for the replacement of any bonds which shall become mutilated, destroyed or lost.

(d) Bonds may be issued under this chapter without obtaining the approval or consent of any department, division, commission, board, bureau or agency of the State and without any other proceeding or the happening of any other condition or thing than those proceedings, conditions or things which are specifically required by this chapter.

(e) The resolution providing for the issuance of revenue bonds of the authority and any trust agreement securing such bonds may contain such limitations upon the issuance of additional revenue bonds as the authority may deem proper, and such additional revenue bonds shall be issued under such restrictions and limitations as may be prescribed by such resolution or trust agreement.
16 Del. C. § 137 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 137
§ Â
        137. Delaware Health Fund.
Status: in_force

(a) This section shall be referred to as the “Delaware Health Act of 1999.”

(b) A special fund of the State is hereby created in the Department of Finance to be known as the “The Delaware Health Fund.” All annual payments received pursuant to the master settlement agreement entered into by the State and the participating tobacco manufacturers shall be deposited or transferred into the Delaware Health Fund. All other moneys, including gifts, bequests, grants or other funds from private or public sources specifically designated for the Delaware Health Fund shall be deposited or transferred to the Delaware Health Fund. Moneys in the Delaware Health Fund may be saved and deposited in an interest bearing savings or investment account. Interest or other income earned on the moneys in the Delaware Health Fund shall be deposited or transferred into the Delaware Health Fund. The Delaware Health Fund shall not lapse or revert to the General Fund.

(c) Moneys from the Delaware Health Fund shall be expended for Delaware citizens in accordance with any 1 or more of the following:

(1) Expanding access to health care and health insurance for citizens of Delaware that lack affordable health care due to being uninsured or under insured;

(2) Making long-term investments to enhance health-care infrastructure which meets a public purpose;

(3) Promoting healthy lifestyles, including the prevention and cessation of the use of tobacco, alcohol and other drugs by the citizens of Delaware;

(4) Promoting preventive care for Delawareans in order to detect and avoid adverse health conditions, particularly cancer and other tobacco-related diseases;

(5) Working with the medical community by providing funding for innovative and/or cost effective testing regimens to detect and identify lesser-known but devastating and costly illnesses, such as sarcoidosis and hemochromatosis, fibromyalgia, lupus, Lyme disease and chronic fatigue immune deficiency syndrome;

(6) Promoting a payment assistance program for prescription drugs to Delaware’s low income senior and disabled citizens who are ineligible for, or do not have, prescription drug benefits or coverage through federal state or private sources;

(7) Promoting a payment assistance program to Delaware’s citizens who suffer from debilitating chronic illnesses, such as diabetes and kidney disease which are characterized by onerous recurring costs for equipment, tests and therapy; and/or

(8) Such other expenditures as are deemed necessary in the best interests of the citizens of Delaware provided they shall be made for health-related purposes.

(d) No moneys shall be expended from the Delaware Health Fund except pursuant to an appropriation incorporated in the State’s annual appropriations act.

(e) Expenditures from the Delaware Health Fund shall not be used to supplant any State expenditures appropriated in Fiscal Year 1999 for purposes consistent with those outlined in subsection (c) of this section.

(f) The transfer of funds appropriated from the Delaware Health Fund shall be administered as approved in the annual appropriation act or bond bill.

(g) There is hereby established The Delaware Health Fund Advisory Committee comprised of the Secretary of the Department of Health and Social Services, 2 members of the Senate designated by the President Pro Tempore, 2 members of the House of Representatives designated by the Speaker of the House of Representatives, the Chair of the Health Care Commission or the Chair may designate a board member or staff person of the Health Care Commission, 3 members of the public to be appointed and to serve at the pleasure of the Governor, 1 member of the public appointed by the President Pro Tempore of the Senate to serve at the pleasure of the President Pro Tempore of the Senate, and 1 member of the public appointed by the Speaker of the House of Representatives to serve at the pleasure of the Speaker of the House of Representatives. No public member appointed to this Advisory Committee shall be directly associated with or represent any organization or entity that will be a recipient or beneficiary of the Delaware Health Fund. The Secretary of the Department of Health and Social Services shall serve as the Chairperson of the Committee. Each year, the Committee will make recommendations, consistent with the purposes outlined in subsection (c) of this section, to the Governor and the General Assembly by November 15 for appropriating moneys expected to be received in the next fiscal year. The Committee shall, in the process of developing these recommendations, seek input from the public and private agencies concerned with the intended purposes of the Delaware Health Fund as described in subsection (c) of this section and conduct public hearings as necessary to provide an opportunity for public comment. The Committee shall also utilize the Delaware Health Care Commission to provide research relating to future health-care needs of Delaware citizens and data relating to past health-care programs in Delaware.

(h) The Secretary of the Department of Health and Social Services shall report to the Governor and the General Assembly on the second Tuesday of every January concerning expenditures, savings and investment accounts under the Delaware Health Fund for the previous fiscal year and to what extent those expenditures accomplished their intended purpose.
16 Del. C. § 2609 — Delaware Code / Title 16 / Chapter 26 / Section 2609
§ Â
        2609. Public information.
Status: in_force

(a) Except as otherwise provided by the Freedom of Information Act, Chapter 100 of Title 29, and subsection (b) of this section, all communications with the Program are public records under the Freedom of Information Act, Chapter 100 of Title 29.

(b) This section does not apply to confidential health information.
16 Del. C. § 139 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 139
§ Â
        139. Certification and procedures for animal welfare officers.
Status: in_force

(a) A person who acts as a certified animal welfare officer without certification from the Department is subject to penalties pursuant to § 107 of this title. For purposes of this subchapter, “animal welfare officer” means any person qualified to act pursuant to § 1325 of Title 11 and § 3041F of this title.

(b) The Department may, by endorsement and without written examination, certify an animal welfare officer who has completed a training program that meets the educational requirements for certification defined by the Department and if, in the opinion of the Department or its designee, the applicant meets the qualifications specified by this chapter for an animal welfare officer.

(c) Dog control and animal cruelty educational programs. — (1) Any organization or institution desiring to conduct an animal welfare officer education program shall apply to the Department and submit satisfactory evidence that it is ready and qualified to instruct students in the prescribed basic curriculum for certifying animal welfare officers and that it is prepared to meet other standards which may be established by the Department.

(2) If the Department determines that any approved educational program is not maintaining the standards required by this chapter and by the Department, written notice thereof, specifying the deficiency and the time within which the same shall be corrected, shall immediately be issued to the program. The Department shall withdraw such programs approval if it fails to correct the deficiency. The organization or institution may reapply for approval to the Department once the program meets standards established by the Department.

(d) The Department may impose sanctions defined in this chapter singly or in combination when it finds a certified or former certified animal welfare officer committed any offense described below:

(1) Engages in fraud or deceit in procuring or attempting to procure a certification or license;

(2) Is guilty of a crime against person or property;

(3) Has been found by an employer to be unfit or incompetent;

(4) Has had a certification or license to serve as an animal welfare officer suspended or revoked in any jurisdiction; or

(5) Has wilfully or negligently violated this chapter.

(e) The Department shall establish procedures for documenting all complaints and conducting investigations of complaints filed against animal welfare officers that may result in sanctions.

(f) Disciplinary sanctions are as follows:

(1) Permanently revoke a certification or license to be an animal welfare officer;

(2) Refuse a certification or certification renewal;

(3) Suspend a certification or license;

(4) Place a certification or license on probationary status and require licensee to: report regularly to the Department upon the matters which are the basis of probation; limit practice to those areas prescribed by the Department; or continue or renew professional education until satisfactory degree of skill has been attained in those areas which are the basis of the probation;

(5) Issue a letter of reprimand; and

(6) Require additional training.
16 Del. C. § 4305 — Delaware Code / Title 16 / Chapter 43 / Section 4305
§ Â
        4305. Form of license.
Status: in_force

All licenses granted shall be numbered and bear the name of the town or city and the street address where the establishment is located.
16 Del. C. § 7403 — Delaware Code / Title 16 / Chapter 74 / Section 7403
§ Â
        7403. Definitions.
Status: in_force

As used in this chapter:

(1) “Authority” means the Authority on Radiation Protection created by § 7404 of this title.

(2) “Ionizing radiation” means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but not sound or radio waves or visible, infrared or ultraviolet light.

(3) “Person,” in addition to the definitions contained in § 302 of Title 1, means any public or private institution, group, agency, political subdivision of this State, any other state or political subdivision or agency thereof and any legal successor, representative, agent or agency of the foregoing, other than the United States Nuclear Regulatory Commission or any successor thereto and other than federal government agencies licensed by the United States Nuclear Regulatory Commission or any successor thereto.

(4) “Radioactive material” means any material (solid, liquid or gas) which emits ionizing radiation spontaneously.

(5) “Users of ionizing radiation” means persons who supervise the application of ionizing radiation and/or apply ionizing radiation to human beings for diagnostic and/or therapeutic purposes.
16 Del. C. § 804A — Delaware Code / Title 16 / Chapter 8A / Section 804A
§ Â
        804A. Newborn and infant hearing screening programs.
Status: repealed

(a) As a condition of its licensure, each hospital shall establish a Universal Newborn Hearing Screening (UNHS) program. Each UNHS program shall:

(1) Provide a hearing screening test for every newborn born in the hospital, for identification of hearing loss, regardless of whether or not the newborn has known risk factors suggesting hearing loss.

(2) Develop screening protocols and select screening method or methods designed to detect newborns and infants with a significant hearing loss.

(3) Provide for appropriate training and monitoring of the performance of individuals responsible for performing hearing screening tests. These individuals shall be trained properly in:

a. The performance of the tests required by this chapter;

b. The risks of the tests, including psychological stress for the parent or parents;

c. Infection control practices; and

d. The general care and handling of newborns and infants in hospital settings.

e. [Repealed.]

(4) Perform the hearing testing prior to the newborn’s discharge; if the newborn is expected to remain in the hospital for a prolonged period, testing shall be performed prior to the date on which the child attains the age of 3 months.

(5) Develop and implement procedures for documenting the results of all hearing screening tests and the scheduling of follow-up appointments to help reduce loss to follow-up.

(6) Inform the newborn’s or infant’s parents and primary care physician, if 1 is designated, of the results of the hearing screening test, or if the newborn or infant was not successfully tested. Whenever possible, such notification shall occur prior to discharge; if this is not possible, notification shall occur no later than 10 days following the date of testing. Notification shall include information regarding appropriate follow-up for a screening failure or a missed screening, and referral information for confirmatory testing. If a hearing screening test indicates the possibility of a significant hearing loss, the hospital shall ensure that the physician or other person attending the newborn or infant is made aware of the community resources available for confirmatory testing and process of referral to early intervention services.

(7) Collect performance data specified by the Division of Public Health to ensure that each UNHS program is in compliance with this section, including the number of infants born, the proportion of all infants screened, the referral rate, the follow-up rate, the false-positive rate, and the false-negative rate.

a. Testing performance standards. — 1. Each UNHS program should have a false-positive rate of 5% or less.

2. Each UNHS program should have a false-negative rate of 5% or less.

b. Oversight responsibility. — The Division of Public Health shall exercise oversight responsibility for UNHS programs, including establishing a performance data set and reviewing performance data collected pursuant thereto by each hospital.

(b) Audiologists shall report all results of newborn, infant, and child hearing screenings and/or testing to the state EHDI program at the Division of Public Health. Reporting of results must be the same day as testing if at all possible. If this is not possible, results must be reported no later than 10 days following the testing date. Notification shall include information regarding appropriate follow-up for a screening failure or a missed screening, and referral information for confirmatory testing if not already complete.
16 Del. C. § 3006J — Delaware Code / Title 16 / Chapter 30J / Section 3006J
§ Â
        3006J. Regulatory authority; enforcement.
Status: in_force

(a) The Department of Health and Social Services may promulgate regulations to implement and enforce this chapter.

(b) The Department of Health and Social Services may enforce the provisions of this chapter and any regulations promulgated under subsection (a) of this section.
16 Del. C. § 9941 — Delaware Code / Title 16 / Chapter 99 / Subchapter V / Section 9941
§ Â
        9941. Creation of a Board.
Status: in_force

(a) There is established the Board of Directors of the Delaware Institute for Dental Education and Research (“Board”) which shall serve as an advisory board to the Health Care Commission.

(b) The Board is comprised of 12 members, 9 voting members and 3 nonvoting members.

(1) The 9 voting members are as follows:

a. Eight members, appointed by the Governor, as follows:

1. One member representing the public.

2. One member representing a federally-qualified health center.

3. Three members from the Delaware State Dental Society, appointed in consultation with the Delaware State Dental Society.

4. One member from the State Board of Dentistry and Dental Hygiene, appointed in consultation with the State Board of Dentistry and Dental Hygiene.

5. One dental hygienist, appointed in consultation with the Delaware Dental Hygienist Association.

6. One member from the Christiana Care General Practice Residency Program.

b. The Chair of the Delaware Health Care Commission, or the Chair’s designee, selected in concert with the Delaware Institute for Dental Education and Research, who serves as an ex officio member.

(2) The 3 nonvoting members are as follows:

a. One ex officio member from Delaware State University, Wesley College of Health and Behavioral Sciences

b. One ex officio member from the University of Delaware, Center for Health Profession Studies.

c. The Delaware State Dental Director, or the State Dental Director’s designee, who serves as an ex officio member of the Board.

(c) All members, other than ex officio members, shall be appointed for terms of 3 years. Any member appointed to fill a vacancy shall be appointed only to fill that vacancy for the remainder of the term but shall be eligible for re-appointment upon expiration of that term.

(d) The chair shall be elected by the members from among the board members.

(e) No member of the Board shall receive compensation for that member’s duties other than normal travel expenses incurred in carrying out the responsibilities as members.

(f) A majority of the voting members must be present at a Board meeting in order to have a quorum and conduct official business. A vacancy on the Board is not counted for quorum.

(g) The chair of the board shall be elected by the Board. Candidates for chair of the Board shall be reviewed by a nominating committee. Membership of the nominating committee and rules for nominating candidates shall be determined by the Board. The chair shall be subject to a 3-year term with no more than 3 consecutive terms. A vice chair shall be elected in the same manner and with the same term lengths and limits.

(h) Before becoming a board member, that individual shall receive a training on the importance of diversity in healthcare and how diversity in the dental field reduces healthcare disparities, optimizes care delivery, and increases access to care.

(i) A consultant from Temple University Kornberg School of Dentistry’s admission department or the University of Delaware’s Center for Health Profession Studies Health Professions Evaluation Committee or a similar committee from Delaware State University may be invited to attend relevant meetings as deemed necessary by the chair. Any consultant attending meetings does not vote.
16 Del. C. § 3017E — Delaware Code / Title 16 / Chapter 30E / Subchapter II / Section 3017E
§ Â
        3017E. Epinephrine autoinjectors; reports.
Status: in_force

(a) An institution of higher education that possesses and makes available epinephrine autoinjectors shall submit to the Department, on a form developed by the Department, a report of each incident that involves the administration of the institution of higher education’s epinephrine autoinjector.

(b) Records of the State Emergency Medical Services Medical Director, and emergency medical services quality care review committee relating to epinephrine autoinjector reviews and audits are confidential and privileged, protected, and are not subject to discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. Raw data used in any epinephrine autoinjector review or audit is not a public record under Chapter 100 of Title 29 and is confidential under § 1768(b) of Title 24.

(c) The Department shall file an annual report with the General Assembly by January 1 that provides all of the following information for the prior academic year:

(1) A summary and analysis of all reports submitted under subsection (a) of this section.

(2) The number of institutions of higher education that received epinephrine autoinjectors under this subchapter.

(3) The number of individuals trained to administer epinephrine autoinjectors under this subchapter.
16 Del. C. § 4799A — Delaware Code / Title 16 / Chapter 47 / Subchapter VIII / Section 4799A
§ Â
        4799A. Definitions.
Status: in_force

For purposes of this subchapter:

(1) “Controlled substance” means a drug, substance or immediate precursor in Schedules I through V of subchapter II of this chapter.

(2) “Fentanyl” means as defined in § 4716(c)(6) of this title.

(3) “Opiate” means any controlled substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability and is a prescription drug.

(4) “Overdose death” means a death caused, in whole or in part, by the consumption or use of a controlled substance.

(5) “Prescription drug” means as defined in § 4701 of this title.
16 Del. C. § 9212 — Delaware Code / Title 16 / Chapter 92 / Section 9212
§ Â
        9212. Trust agreement.
Status: in_force

In the discretion of the Authority any bonds issued under this chapter may be secured by a trust agreement by and between the Authority and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within the State. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the revenues to be received or proceeds of any contract or contracts pledged and may convey or mortgage the project or any portion thereof. Such trust agreement or resolution providing for the issuance of such bonds 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 particularly such provisions as have hereinabove been specifically authorized to be included in any resolution or resolutions of the Authority authorizing bonds thereof. Any bank or trust company incorporated under the laws of the State which may act as depository of the proceeds of bonds or of revenues or other moneys may furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust agreement or resolution may be treated as a part of the cost of the operation of a project.
16 Del. C. § 9905 — Delaware Code / Title 16 / Chapter 99 / Subchapter II / Section 9905
§ Â
        9905. Findings.
Status: in_force

(a) The General Assembly finds and declares that the purpose of the Delaware Institute of Medical Education and Research (DIMER), created in 1969 as an alternative to a state sponsored medical school, is sound and should be continued and strengthened. Delaware should continue to provide opportunities for Delaware residents to receive a medical education.

(b) The General Assembly finds and declares that the current arrangement between the State and Sidney Kimmel Medical College of Thomas Jefferson University (SKMC) and the Philadelphia College of Osteopathic Medicine (PCOM), which allows SKMC and PCOM to function as Delaware’s medical schools, produces significant benefits to the State. Through DIMER, SKMC currently admits a minimum of 20 Delaware residents and PCOM admits a minimum of 10 Delaware residents. This program is built upon decades of solid working relationships and should be perpetuated.

(c) The General Assembly finds and declares that a new structure of the DIMER Board will more appropriately reflect DIMER’s abilities to meet its responsibilities as outlined in this legislation.

(d) The General Assembly finds and declares that placing administration of DIMER within the Delaware Health Care Commission will enhance its ability to accomplish its goals and ensure that DIMER’s future functions will be focused on promoting medical education while helping the State to meet its health-care needs.
16 Del. C. § 10222A — Delaware Code / Title 16 / Chapter 102A / Subchapter III / Section 10222A
§ Â
        10222A. Behavioral health crisis intervention services surcharge on residential telephone service, business telephone service, and wireless service.
Status: in_force

(a) The Fund is to be funded by means of a monthly behavioral health crisis intervention services surcharge of 60 cents per month imposed by providers on subscribers of telecommunications services in this State as follows:

(1) Residential telephone service. —

The surcharge must be imposed by each provider providing residential telephone service on all Delaware residential subscribers per residence exchange access line or per basic rate interface (“BRI”) integrated services digital network (“ISDN”) arrangement, where the residence exchange access service is provided via a BRI ISDN arrangement. The surcharge must not be applied to residence exchange access lines provided to Lifeline subscribers.

(2) Business telephone service. —

The surcharge must be imposed by each provider providing business telephone service on all Delaware business subscribers per business exchange access line and trunk or per BRI ISDN arrangement where the business exchange access service is provided via a BRI ISDN arrangement. Each Centrex access line must be charged the equivalent of 1/9 of the surcharge; provided, however, that where a Centrex customer has fewer than 9 lines, the maximum monthly charge for those lines will be the surcharge imposed on each business exchange access line or trunk divided by the customer’s Centrex lines. Each primary rate interface ISDN system must be charged a rate equal to 5 times the surcharge. The surcharge must not be applied to lines provided under wholesale arrangements.

(3) Wireless service. —

The surcharge must be imposed by each wireless provider on all wireless service customers for each wireless telephone number for which the wireless service customers are billed by the provider.

(4) Nontraditional communication services. —

The surcharge must be imposed by each provider of nontraditional communications service on subscribers of such services where the provider is required to or opts to provide 988 service.

(b) The surcharge amounts collected under this section must be deposited into the Fund as provided under § 10212A(b) of this title.

(c) A provider shall impose the surcharge on the person purchasing the service but shall collect the surcharge on behalf of the State. The surcharge collected by a provider is not subject to taxes or charges levied by the State, or any political subdivision of the State, and the surcharge is not considered revenue of the provider for any purpose.

(d) Each provider imposing the surcharge shall state the surcharge as a clearly identifiable, separate item on all subscriber invoices rendered after January 1, 2024.

(e) The surcharge under this section does not apply to wholesale services or to the State government.

(f) The surcharge imposed by subsection (a) of this section must be collected by providers from subscribers to telecommunications service with each invoice for service and must be paid by providers on a monthly basis to the Department of Finance no later than the fifteenth day of the month following the surcharge’s collection. The surcharge imposed by subsection (a) of this section must be deposited into the Fund on a monthly basis.

(g) Each provider collecting the surcharge is entitled to recover the actual incremental costs of billing, collecting, and remitting the surcharge, as well as the costs of compliance with any memorandum of understanding as described in subsection (h) of this section, through a credit against them. This cost is defined as the additional incremental expense incurred by the provider that is in addition to the normal expense of billing and collecting the charges for the provision of the provider’s normal telephone service. Where moneys collected by the provider are equal to or less than the total charge for the telephone service provided to subscribers or customers by that provider, not including the surcharge, all moneys collected will be applied to the charges for the actual telephone service provided.

(h) A provider collecting the surcharge is not responsible for uncollectable surcharges. The State may also enter into a memorandum of understanding with each provider which must include the terms related to the collection and distribution of funds under this chapter and provide for reporting to the Board the names and addresses of subscribers that fail to pay the surcharge. However, nothing in this chapter may be construed to prevent the State or the Board from taking appropriate actions to collect the surcharge designated by a provider as uncollectable.

(i) Each provider collecting the surcharge is fulfilling a governmental function and in so doing is immune from suit for damages of any kind and is not liable for refunds except to the extent that the provider has failed to collect or remit surcharges to the Fund in accordance with the requirements of this section.
16 Del. C. § 2723 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2723
§ Â
        2723. Donate Life Delaware Registry.
Status: in_force

(a) The database maintained by the Department of Transportation to record donor designations shall be known as the “Donate Life Delaware Registry.” The Registry shall include only affirmative donation decisions. Registration by a donor in the Registry shall constitute sufficient authorization to donate organs and tissues for transplantation and therapy.

(b) The Department of Transportation shall provide access by residents of the State to an internet-based interface that promotes organ and tissue donation and enables residents 18 years of age or older who apply for, hold, or seek to renew a Delaware driver’s license or identification card or otherwise have a record in the database to register as donors and have their decisions integrated into the Donate Life Delaware Registry. The form and content of the interface shall be maintained in collaboration with the OPO.

(c) By October 3, 2016, the Department of Transportation shall establish a system which allows individuals who apply for, hold, or seek to renew a Delaware driver’s license or identification card, or otherwise have a record in the database to add their donor designation to the Donate Life Delaware Registry by submitting a form to the Department at no cost to the registrant. The Department of Transportation may also provide the opportunity to individuals who do not otherwise have a record in the database to add a record and the donor designation to the Donate Life Delaware Registry.

(d) Donor designation information entered into the Donate Life Delaware Registry shall supersede prior conflicting information:

(1) Provided to the Donate Life Delaware Registry;

(2) On the individual’s physical driver’s license or identification card;

(3) On an advance health-care directive;

(4) Submitted under § 2711 of this title; or

(5) Submitted under any other statutory provision.

(e) An information technology system adopted by the Department of Transportation or its successor after October 3, 2015, shall continue to accommodate the inclusion of donor designation information into the database and the ongoing operation of the Donate Life Delaware Registry.
16 Del. C. § 7921 — Delaware Code / Title 16 / Chapter 79 / Section 7921
§ Â
        7921. Adequate air circulation.
Status: in_force

The house drainage system shall be so designed that there will be an adequate circulation of air in all pipes and no danger of siphonage, aspiration or forcing of trap seals under conditions of ordinary use.
16 Del. C. § 3001C — Delaware Code / Title 16 / Chapter 30C / Section 3001C
§ Â
        3001C. Findings and purpose.
Status: in_force

The General Assembly of the State has found that each year more than 350,000 Americans experience out-of-hospital sudden cardiac arrest. More than 95% of them die. In many cases, people die because life-saving defibrillators arrive on the scene too late, if at all. It is estimated that more than 100,000 deaths could be prevented each year if defibrillators were more widely available to designated users (responders). Many communities around the country have invested in 911 emergency response systems, emergency personnel and ambulance vehicles. However, many of these same communities do not have enough defibrillators. It is therefore the intent of this General Assembly to encourage greater acquisition, deployment and use of automated external defibrillators in communities within the State.
16 Del. C. § 7912 — Delaware Code / Title 16 / Chapter 79 / Section 7912
§ Â
        7912. Size of pipes.
Status: in_force

The pipes conveying water to water closets shall be of sufficient size to supply the water at a rate required for adequate flushing without unduly reducing the pressure at other fixtures.
16 Del. C. § 7308 — Delaware Code / Title 16 / Chapter 73 / Section 7308
§ Â
        7308. Requirements for approved portable oil-fueled heaters.
Status: in_force

Approved portable oil-fueled heaters must adhere to the following requirements:

(1) Approved portable oil-fueled heaters must have labeling affixed thereto such as to caution and inform concerning:

a. Provision of an adequate source of ventilation when the heater is in operation;

b. Use of only suitable fuel for the heater;

c. Proper manner of refueling;

d. Proper placement and handling of the heater when in operation; and

e. Proper procedures for lighting, flame regulation and extinguishing the heater.

(2) Approved portable oil-fueled heaters must be packaged with instructions such as to inform concerning proper maintenance and operation.

(3) Approved portable oil-fueled heaters must be constructed with a low center of gravity and minimum tipping angle of 33 degrees from the vertical with an empty reservoir.

(4) Approved portable oil-fueled heaters must have an automatic safety shut-off device or inherent design feature which eliminates fire hazards in the event of tipover and otherwise conform with the standards set forth in National Fire Protection Association (NFPA) No. 31.

(5) Approved portable oil-fueled heaters must not produce carbon monoxide at rates which create a hazard when operated as intended and instructed.
16 Del. C. § 4773 — Delaware Code / Title 16 / Chapter 47 / Subchapter V / Section 4773
§ Â
        4773. Exemptions.
Status: in_force

This subchapter does not apply to any of the following:

(1) Any person authorized by local, state, or federal law to manufacture, possess, or distribute such items.

(2) Any item that in the normal lawful course of business is imported, exported, transported, or sold and traditionally intended for use with tobacco products, including any pipe, paper, or accessory.

(3) A drug-testing strip as defined under § 2226 of this title.
16 Del. C. § 803 — Delaware Code / Title 16 / Chapter 8 / Section 803
§ Â
        803. Treatment of eyes on birth.
Status: in_force

(a) The Department of Health and Social Services shall regulate the type of prophylactic treatment to be employed against inflammation of the eye or eyes of the newborn, the conditions under which such prophylaxis will be employed and the diseases for which reporting is required. Such regulation shall conform with standards promulgated by the United States Center for Disease Control, United States Public Health Service. A record of the prophylactic used and details thereof shall be recorded on the birth certificate.

(b) Nothing in this section shall require medical treatment for the minor child of any person who is a member of a recognized church or religious denomination and whose religious convictions, in accordance with the tenets and practices of the person’s church or religious denomination, are against medical treatment for disease.
16 Del. C. § 6850 — Delaware Code / Title 16 / Chapter 68 / Subchapter VII / Section 6850
§ Â
        6850. Smoke detectors.
Status: in_force

(a) No nonprofit organization, municipality, town, county or other political subdivision of this State, or duly organized fire company, including volunteer fire companies, that distributes any type of smoke detection device and/or batteries free of charge to the recipient thereof shall be liable for any civil damages arising out of any injury to person or property proximately caused by an alleged defect in the design, manufacturing, maintenance or operation of any smoke detection device and/or battery distributed pursuant to this section. No duly organized fire company, including volunteer fire companies, and no firefighter thereof, that mounts a battery-operated smoke detection device on a wall or ceiling, or that installs batteries in a battery-operated smoke detection device, free of charge to the recipient thereof shall be liable for any civil damages arising out of any injury to person or property proximately caused by the installation of the smoke detection device and/or battery pursuant to this section. The immunity provided by this section does not apply if the smoke detection device or battery is sold or offered for sale or with respect to the installation of a smoke detection device if the firefighter does not test the smoke detection device upon installation. Nothing in this section is intended to limit any liability on the part of the manufacturer, distributor or retailer of a smoke detection device or battery.

(b) The immunities granted in subsection (a) of this section apply only to the degree and extent that no insurance coverage exists.
16 Del. C. § 10004 — Delaware Code / Title 16 / Chapter 100 / Section 10004
§ Â
        10004. Authority of Commission.
Status: in_force

(a) The Commission shall require all telegraph corporations, telephone corporations or any corporation supplying wireline telephone service within this State to provide a 911-Enhanced Emergency Reporting System capability to every 911 Emergency Reporting Center.

(b) The Commission shall further authorize said telegraph corporation, telephone corporation or corporation supplying wireline telephone service within this State to recover the expense of providing said service through such fees or tariffs as may be necessary. The Commission shall permit, but not require, the recovery of such expense through a separately identified charge.

(c) The Public Service Commission shall review telephone rates charged by any provider which as of June 1, 2001, had E-911 costs embedded in such rates and shall assure that such rates are adjusted as of January 1, 2002, to account for the removal of the embedded costs from them.

(d) To the extent of the Commission’s authority relative to assignment of “N11” telephone numbers, the Commission shall not authorize telegraph corporations, telephone corporations or any corporation supplying telephone service within the State to:

(1) Establish any 3-digit number with “11” as the last 2 digits for any commercial purpose; or

(2) Establish any 3-digit number with “11” as the last 2 digits for public safety purposes except as recommended by a review committee established by subsection (d) of this section.

(e) A committee to review the need for a 3-digit number for public safety purposes is hereby established consisting of the following:

(1) A representative from the Department of Safety and Homeland Security appointed by the Secretary of Safety and Homeland Security.

(2) A representative from the State Fire Prevention Commission appointed by the Chair of the Commission.

(3) A representative from the Delaware Volunteer Firefighter’s Association appointed by the President of the Association.

(4) A representative from the Delaware State Police appointed by the Superintendent of State Police.

(5) A representative from the Delaware State Police Chief’s Council appointed by the Chairperson of the Council.

(6) A representative from the Delaware 911 Users Group elected from its members.

(7) A representative appointed by the Governor.

The Committee shall select a chair from its members and review the use of such numbers upon request. The committee by majority vote shall either approve or disapprove the request, and shall submit its recommendation to the Commission. The Committee shall conduct its meetings and hearings in accord with the Freedom of Information Act, Chapter 100 of Title 29 of the Delaware Code.
16 Del. C. § 6405 — Delaware Code / Title 16 / Chapter 64 / Section 6405
§ Â
        6405. Insurance filing requirements.
Status: in_force

The documents required by § 6404(3) of this title must be filed with the Fire Marshal before June of each year, but if the amusement ride is inspected under § 6404(1) of this title more than once a year, the inspection certificate must be filed not later than 15 days after each inspection and the insurance policy must be filed before June of each year.
16 Del. C. § 311 — Delaware Code / Title 16 / Chapter 3 / Section 311
§ Â
        311. Entry for destruction or removal of nuisances.
Status: in_force

Whenever a local board of health thinks it necessary for the preservation of the lives and health of the citizens to enter a place, building or vessel within its jurisdiction for the purpose of examining into and destroying, removing or preventing any nuisance, source of filth or cause of sickness and is refused such entry, any member of the local board may make complaint, under oath, to any justice of the peace of the county, stating the facts of the case as far as the board member has knowledge thereof. Such justice of the peace shall thereupon issue a warrant directed to the sheriff or any constable of the county commanding the sheriff or constable to take sufficient aid and being accompanied by 2 or more members of the local board, between the hours of sunrise and sunset, repair to the place where such nuisance, source of filth or cause of disease may exist and destroy, remove or prevent the same, under the direction of such members of the local board.
16 Del. C. § 6706 — Delaware Code / Title 16 / Chapter 67 / Section 6706
§ Â
        6706. Arresting power.
Status: in_force

If any person unreasonably refuses to obey the orders of a fire police officer in the exercise of the fire police officer’s duties, such person may be held under arrest by the fire police officer until the fire at which the fire police officer is called upon to act is extinguished or the fire drill completed at which time the fire police shall take the arrested person before a justice of the peace and charge the arrested person with failure to obey the order of a fire police officer.
16 Del. C. § 3002L — Delaware Code / Title 16 / Chapter 30L / Section 3002L
§ Â
        3002L. Purpose.
Status: in_force

The purposes of this chapter are to protect minors participating in athletic activities who manifest symptoms of concussion, increase recognition of the symptoms of concussion through training and education, and establish standards for return to play.
16 Del. C. § 4922A — Delaware Code / Title 16 / Chapter 49A / Section 4922A
§ Â
        4922A. Annual report by the Commissioner.
Status: repealed

(a) [Repealed.]

(b) The Commissioner shall submit to the Governor and the General Assembly an annual report that does not disclose any identifying information about cardholders, registered compassion centers, or health-care practitioners, but does contain, at a minimum, all of the following information:

(1) The number of applications and renewals filed for registry identification cards.

(2) The number of qualifying patients and designated caregivers approved in each county.

(3) The nature of the medical conditions of the qualifying patients.

(4) The number of registry identification cards revoked for misconduct.

(5) The number of health-care practitioners providing written certifications for qualifying patients.

(6) The number of registered compassion centers.

(7) Specific accounting of fees and costs.
16 Del. C. § 2208A — Delaware Code / Title 16 / Chapter 22A / Section 2208A
§ Â
        2208A. Limitations on referrals.
Status: in_force

(a) Except as otherwise provided under subsection (b) of this section, a Delaware state agency, Delaware state court, or an entity having a contract with the State must not refer an individual to a recovery house.

(b) An agency, court, or entity may refer an individual to a recovery house whenever any of the following conditions exist:

(1) The recovery house is certified under this chapter or is an Oxford House.

(2) The agency, court, or entity receives confirmation from the certifying organization that the recovery house has applied for certification.

(c) Whenever an agency, court, or entity refers an individual under paragraph (b)(2) of this section, the agency, court, or entity shall inform the certifying organization.

(d) Whenever an agency, court, or entity cannot refer an individual requiring recovery housing, under subsection (b) of this section, the agency, court, or entity shall refer the individual to housing that does not endanger the individual’s health, recovery, or safety.
16 Del. C. § 6306 — Delaware Code / Title 16 / Chapter 63 / Section 6306
§ Â
        6306. Emergency and hazardous chemical inventory reporting.
Status: in_force

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

(b) Submission to the Department under this section shall serve as submission to the appropriate local emergency planning committee, the State Emergency Response Commission and the fire department with jurisdiction over the facility as set forth under 42 U.S.C. § 11022 and regulations established under that act.

(c) The inventory form shall be submitted on or before March 1 annually and shall contain data with respect to the preceding calendar year.

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

(1) For substances identified as hazardous chemicals, except as provided in paragraphs (d)(2) and (3) of this section, the threshold shall be 55 gallons or 500 pounds, whichever is lower.

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

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

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

(e) A hazardous chemical subject to the requirements of this section is any hazardous chemical for which a material safety data sheet or safety data sheet or a listing is required under § 6305 of this title.

(f) Inventory forms shall contain the following information, as a minimum, for each hazardous chemical present at the facility:

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

(2) The categories of health and physical hazards as set forth under the Occupational Safety and Health Act of 1970 and regulations promulgated under that act. The Secretary may modify the categories of health and physical hazards by requiring information to be reported in terms of groups of hazardous chemicals which present similar hazards in an emergency.

(3) An estimate of the maximum amount of the hazardous chemical present at the facility at any time during the preceding calendar year.

(4) An estimate of the average daily amount of the hazardous chemical present at the facility during the preceding calendar year.

(5) A brief description of the manner of storage of the hazardous chemical.

(6) The location at the facility of the hazardous chemical.

(7) An indication of whether the owner elects to withhold location information of a specific hazardous chemical from disclosure to the public under § 6308(h) of this title.

(g) With the advice and consent of the State Emergency Response Commission, the Secretary shall publish a uniform format for inventory forms, and may include additional items on the inventory forms as necessary to support the needs of emergency planning and response organizations.

(h) Upon request by the local emergency planning committee, the fire department with jurisdiction over the facility, or the Department, the owner or operator of a facility subject to this section shall submit the inventory form for a chemical to the person making the request.
16 Del. C. § 2506A — Delaware Code / Title 16 / Chapter 25A / Section 2506A
§ Â
        2506A. Powers and duties of the Department of State.
Status: in_force

The Secretary of State is authorized to promulgate regulations and develop protocols for the education of all health-care providers under its licensing or certification jurisdiction.
16 Del. C. § 308 — Delaware Code / Title 16 / Chapter 3 / Section 308
§ Â
        308. Slaughterhouse; use as nuisance; penalty.
Status: in_force

Whoever uses a slaughterhouse or place belonging thereto within a city or town limits, after the local board of health has pronounced the same noisome or having used such slaughterhouse shall not on the requirement of the local board immediately and effectually cleanse the same shall be fined not less than $15 nor more than $25, with costs of suit, and stand committed to the county jail till the same be paid or until discharged by law.
16 Del. C. § 309 — Delaware Code / Title 16 / Chapter 3 / Section 309
§ Â
        309. Placing or maintaining offensive matters in public places; penalty.
Status: in_force

Whoever casts into any street, lane or alley or suffers to run or be washed from any slaughterhouse, stable, privy, yard or place in one’s possession into any street, lane or alley of any city or town having a local board of health any blood, garbage, carrion, dead animal, dung, filth or noisome or offensive matter, or whoever suffers any skins, rags or other matter to be in a noisome or offensive state within or upon property in the person’s possession within the city or town limits or deposits in any of its lots, streets, lanes or alleys or near any dwelling house any contents of any slaughterhouse or stable or any matter in a noisome state, or having deposited or put such offensive substances in such places shall not immediately remove the same on the requirement of the local board shall be fined not less than $5.00 nor more than $20, with costs of suit, and stand committed to the county jail till the same be paid or until discharged by law.