16 Del. C. § 10104 — Delaware Code / Title 16 / Chapter 101 / Subchapter I / Section 10104
§ Â
        10104. Disbursements from the Fund.
Status: repealed

(a) Disbursements from the Fund shall be made for the following purposes.

(1) Nonrecurring costs, including but not limited to costs for purchasing and installing the customer premises terminal equipment (“CPE”) required to establish or upgrade public safety answering points, purchasing E-911 network equipment or upgrading equipment as required to ensure proper functioning of the E-911 service and related software, developing wireless data bases, and initial training in the use of CPE equipment.

(2) Recurring costs, including but not limited to costs for network access fees and other telephone charges, software, equipment, data base management, maintenance and improvement, public education, language translation services, ongoing training in the use of CPE equipment, and network and equipment maintenance.

(3) Expenses of the Board and the Department of Safety and Homeland Security incurred under this chapter for the purposes of administering the Fund and expenses incurred in connection with the Board’s responsibilities under Chapter 100 of this title.

(b) Each county shall receive an amount from the Fund equal to $0.50 per month, less the costs identified in § 10103(g) of this title, for each residence exchange access line or residential Basic Rate Interface (“BRI”) ISDN arrangement from which the monthly surcharge is collected in that county or the amount received by that county in calendar year 2000 from telephone providers from E-911 surcharges, whichever is greater. Disbursements from the Fund shall be made to the counties by the fifteenth day of the month following the month in which the wireline residential surcharges are deposited into the Fund by the provider. The amount disbursed to a county for any calendar year shall be subject to a true up at the end of the such year to reflect the amount received by the county in calendar year 2000 from E-911 surcharges but only in the event that such amount is greater than the amount disbursed from the Fund to the county in the current calendar year. The counties shall use these revenues to offset the costs incurred by them in connection with the administration, staffing, street addressing, necessary capital equipment, and training necessary to support the provision of E-911 emergency reporting service. Costs incurred shall be verified by an annual audit as directed by the Board.

(c) [Repealed.]

(d) Disbursements may not be made for:

(1) Personnel costs for public safety answering points, except as set forth in subsection (b) of this section.

(2) Construction, purchase, renovation or furnishings for real estate to house public safety answering points, except as set forth in subsection (b) of this section.

(3) Vehicles, including ambulances, fire engines or other emergency vehicles, associated equipment and utilities.

(4) Two-way radios.

(e) Pro rata sharing of Fund amounts. — If the total amount of money in the Fund after paying the amounts due to the counties under subsection (b) of this section is insufficient to pay reimbursable costs at any given time, each entity requesting reimbursement shall receive a pro rata share of the total amount in the Fund at such time. Any remaining unpaid reimbursable costs shall be carried forward for payment as soon as sufficient funds become available.

(f) Providers may request reimbursement on a monthly basis, and payments from the Fund to providers shall be made by the State Treasurer within 60 days of receipt of such request.

(g) The annual expenditures from the Fund shall not exceed the annual revenues deposited into it.

(h) An annual audit of the Fund shall be completed by an independent auditor to be designated by the Board.
16 Del. C. § 3071F — Delaware Code / Title 16 / Chapter 30F / Subchapter V / Section 3071F
§ Â
        3071F. Definitions.
Status: in_force

For the purposes of this subchapter:

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

(2) “Attack” means the deliberate action of a dog, whether or not in response to a command by its owner, to bite, seize with its teeth, or pursue any human being or domestic animal with the obvious intent to kill, wound, injure, or otherwise harm the human being or domestic animal.

(3) “Dangerous dog” means any dog that the Justice of the Peace Court has declared to be dangerous under § 3076F of this title or any potentially dangerous dog kept or maintained in violation of § 3077F(c) of this title.

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

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

(6) “Nondangerous dog” means any dog that the Justice of the Peace Court has declared to be nondangerous under § 3080F of this title.

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

(8) “Physical injury” means impairment of physical condition or substantial pain.

(9) “Potentially dangerous dog” means any dog that the Justice of the Peace Court has declared to be potentially dangerous under § 3077F of this title.

(10) “Proper enclosure” means securely confined indoors or a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the dog from escaping. Such pen or structure shall have secure sides and a secure top and shall also provide protection from the elements for the animal. If the pen or structure has no bottom secured to the sides, the sides must be embedded at least 2 feet into the ground.

(11) “Serious physical injury” means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, serious or prolonged impairment of health, or serious or prolonged loss or impairment of the function of any bodily organ.
16 Del. C. § 8401 — Delaware Code / Title 16 / Chapter 84 / Section 8401
§ Â
        8401. Code of rules and regulations.
Status: in_force

(a) The Levy Court and County Councils of New Castle County, Kent County and Sussex County and each incorporated municipality in each of the said counties, in order to provide for the safety of the citizens of the various counties and the State, shall adopt and promulgate a code containing suitable rules and regulations controlling, regulating and supervising all trench, ditch, channel, shaft and other excavation work involving depths and widths which present a hazard to the workers performing the job.

(b) The Levy Court and County Councils of New Castle County, Kent County and Sussex County and each incorporated municipality in each of the said counties shall on or before January 1, 1962, adopt and promulgate the safety code for trenches and excavation described in subsection (a) of this section. Such code shall contain suitable rules and regulations controlling, regulating and supervising all trenching, ditching, channel, shaft and other excavation work performed, constructed or installed in or on any property or state-owned lands by any builder, contractor, state agency or private citizen.

(c) Each municipality may elect to adopt the code of the Levy Court or County Council in its county and each municipality may adopt additional regulations as required by its own particular conditions, but in no case shall the rules and regulations be any less restrictive than those adopted by the Levy Court or County Council of the 3 respective counties.

(d) The code to be promulgated in accordance with this section shall be determined by the Levy Court or County Council and municipalities mentioned in subsections (a)-(c) of this section after consultation with and in cooperation with other state agencies involved in excavation work, contractors’ organizations, labor organizations and any other interested agency or group which shall be notified by means of public announcement of the intent to formulate such a code.
16 Del. C. § 4920A — Delaware Code / Title 16 / Chapter 49A / Section 4920A
§ Â
        4920A. Confidentiality.
Status: in_force

(a) The following information received and records kept by the Commissioner for purposes of administering this chapter are confidential and exempt from the Delaware Freedom of Information Act [Chapter 100 of Title 29], and not subject to disclosure to any individual or public or private entity, except as necessary for authorized employees of the State of Delaware to perform official duties pursuant to this chapter:

(1) Applications and renewals, their contents, and supporting information submitted by qualifying patients and designated caregivers, including information regarding their designated caregivers and health-care practitioners.

(2) Applications and renewals, their contents, and supporting information submitted by or on behalf of compassion centers and safety compliance facilities in compliance with this chapter, including their physical addressees.

(3) The individual names and other information identifying persons to whom the Commissioner has issued registry identification cards.

(4) Any dispensing information required to be kept under § 4919A of this title or Commissioner regulation shall identify cardholders and registered compassion centers by their registry identification numbers and not contain names or other personally identifying information.

(5) Any Commissioner hard drives or other data-recording media that are no longer in use and that contain cardholder information must be destroyed. The Commissioner shall retain a signed statement from a Commissioner employee confirming the destruction.

(b) Nothing in this section precludes the following:

(1) Commissioner employees shall notify law-enforcement about falsified or fraudulent information submitted to the Commissioner if the employee who suspects that falsified or fraudulent information has been submitted.

(2) The Commissioner shall notify state or local law-enforcement about apparent criminal violations of this chapter.

(3) Compassion center agents shall notify the Commissioner of a suspected violation or attempted violation of this chapter or the regulations issued pursuant to it.

(4) The Commissioner shall verify registry identification cards pursuant to 4921A of this title.

(5) The submission of the § 4922A of this title report to the legislature.

Information obtained pursuant to this chapter is subject to the same protections and penalties afforded other health information under the Health Insurance Portability and Accountability Act (HIPAA), 45 C.F.R. Part 160, 162 and 164.
16 Del. C. § 4716 — Delaware Code / Title 16 / Chapter 47 / Subchapter II / Section 4716
§ Â
        4716. Schedule II.
Status: repealed

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

(b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

(1) Opium and opiate, and any salt, compound, derivative or preparation of opium or opiate.

(2) Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (b)(1) of this section, but not including the isoquinoline alkaloids of opium.

(3) Opium poppy and poppy straw.

(4) Coca leaves, including cocaine and ecgonine and their salts, isomers, derivatives and salts of isomers and derivatives, and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, derivative or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine.

(c) Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:

(1) Alphaprodine;

(2) Anileridine;

(3) Bezitramide;

(4) Dihydrocodeine;

(5) Diphenoxylate;

(6) Fentanyl;

(7) Isomethadone;

(8) Levo-alphacetylmethodol (also known as levo-alpha-acetylmethadol, levomethadyl acetate, “LAAM”)

(9) Levomethorphan;

(10) Levorphanol;

(11) Metazocine;

(12) Methadone;

(13) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;

(14) Moramide-Intermediate 2-methyl-3-morpholino-1, 1-diphenyl- propane-carboxylic acid;

(15) Pethidine;

(16) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

(17) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

(18) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;

(19) Phenazocine;

(20) Piminodine;

(21) Racemethorphan;

(22) Racemorphan;

(23) Sufentanil; and

(24) Alfentanil.

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

(1) Amphetamine, its salts, optical isomers and salt of its optical isomers;

(2) Phenmetrazine and its salts;

(3) Any substance which contains any quantity of methamphetamine including its salts, isomers and salts of isomers; and

(4) Methylphenidate.

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

(1) Methaqualone and its salts;

(2) Amobarbital;

(3) Secobarbital;

(4) Pentobarbital;

(5) Phencyclidine;

(6) Phencyclidine Immediate Precursors:

a. 1-Phenylcyclohexylamine; and

b. 1-Piperidinocylohexane Carbonitrile (PCC); and

(7) Glutethimide.

(f) (1) Immediate Precursor to Amphetamine and Methamphetamine.

(2) Phenylacetone (P-2-P).

(g) [Repealed.]
16 Del. C. § 7402B — Delaware Code / Title 16 / Chapter 74B / Section 7402B
§ Â
        7402B. Definitions.
Status: in_force

(1) “Authorized person” means:

a. A qualified employee of a public utility which produces, transmits or delivers electricity, or a qualified employee of an approved contractor of such public utility;

b. A qualified employee of a public utility which provides communication services to state, county or municipal agencies which have authorized circuit construction on or near the poles or structures of a public utility;

c. A qualified employee of an industrial plant whose work relates to the electrical system of the industrial plant;

d. A qualified employee of a cable television or communication services company or an employee of a contractor of a cable television or communication services company if specifically authorized by the owner of the poles to make cable television or communication services attachments;

e. A qualified employee or agent of state, county or municipal agencies that have or whose work relates to overhead electrical lines or circuit construction or conductors on poles or structures of any type.

(2) “Dangerous proximity” means a distance up to and including 10 feet of high-voltage lines, or within such greater distances as may be set forth in the current editions and any subsequent revisions of the regulations of the United States Occupational Safety and Health Administration (29 C.F.R. § 1902.1 et seq.) and the National Electrical Safety Code.

(3) “Field visitation” means direct physical observation of electrical lines, facilities and/or appliances by an authorized representative of the utility operating such line, facility and/or appliance.

(4) “High voltage line” or “high voltage overhead line” means:

a. An electric line that is installed above ground; and

b. Has a voltage in excess of 600 volts measured between conductors or between a conductor and the ground.

(5) “Person” or “persons” means any individual, firm, joint venture, partnership, corporation, association, municipality, other political subdivision, state or federal governmental unit, department or agency, state cooperative, association, joint stock association and shall include any assignee, trustee, receiver or personal representative thereof.

(6) “Public utility” means every individual, partnership, association, corporation, joint stock company, agency or department of the State or any association of individuals engaged in the prosecution in common of a productive enterprise (commonly called a “cooperative”), their lessees, trustees or receivers appointed by any court whatsoever, that operates within this state, any steam, manufactured gas, natural gas, electric light, heat, power, water, telephone, excluding telephone service provided by cellular technology, or by domestic public land mobile radio service or heating oil) for residential consumption directly to residences by means of a pipeline) service, system, plant or equipment, for public use.

(7) “Qualified employee” means an individual who has been trained in working in dangerous proximity to high voltage lines.
16 Del. C. § 6602 — Delaware Code / Title 16 / Chapter 66 / Subchapter I / Section 6602
§ Â
        6602. State Fire Prevention Commission â Appointment; qualifications; cause for removal; term of office; members to serve without compensation.
Status: in_force

(a) The State Fire Prevention Commission shall consist of 7 commissioners as follows: 3 representatives of business and industry to include one from each county to be appointed by the Governor; 3 Delaware volunteer firefighters to include one from each county to be appointed by the Governor; and the immediate past president of the Delaware Volunteer Firefighters’ Association.

(b) The Firefighter Commissioners shall be recommended to the Governor by each Delaware Volunteer Firefighters’ Association County President of the county in which the expired term or vacancy exists within 60 days prior to the expiration of a Commissioner’s term or within 30 days following a vacancy. Each recommendation shall include 3 nominees and any and all necessary information required by the Governor regarding the nominee’s qualifications to serve as a Commissioner.

(c) Business and industry Commissioners shall have knowledge in the areas of the Commission’s jurisdiction and be employed within an industry regulated by or under the authority of the Commissioner.

(d) Commissioners may be removed by the Governor for continued neglect of the duties required by this chapter, or for refusal to act, misconduct, incompetency, or other sufficient cause. Missing 3 consecutive meetings shall presumptively be neglect of duty for purposes of this section.

(e) Commissioners shall be appointed to serve 4-year terms and shall not serve more than 3 terms to ensure that the terms of no more than 2 Commissioners expire in 1 year.

(f) Commissioners shall serve without compensation but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.

(g) No Commissioner, while serving on the State Fire Prevention Commission, shall be an officer of any kind (president/chairperson, president-elect, vice president, secretary, board of directors, or treasurer) of any state or county volunteer firemen’s association, including but not limited to, the Delaware Volunteer Firefighter’s Association, or any professional board, commission, or trade association, or union representing an industry or service regulated by the State Fire Prevention Commission. No Commissioner shall hold a politically elected or appointed position.
16 Del. C. § 2616 — Delaware Code / Title 16 / Chapter 26 / Section 2616
§ Â
        2616. Regulatory authority.
Status: in_force

The Department may adopt regulations to administer, implement, and enforce this chapter.
16 Del. C. § 6315 — Delaware Code / Title 16 / Chapter 63 / Section 6315
§ Â
        6315. Implementation and reevaluation of reporting fees.
Status: in_force

(a) Effective July 1, 1991, the fees herein established shall be assessed at a rate of 66 percent on reports submitted and/or required to have been submitted in 1991 covering the 1990 calendar year.

(b) For the following years, beginning with reports submitted under § 6306 of this title in 1992 covering activities during the 1991 calendar year, the fees herein established shall be assessed at a rate of 100 percent on reports submitted or required to have been submitted under § 6306 of this title by March 1 of each year covering the previous calendar year.

(c) At the conclusion of each 2-year period, the fees imposed under this chapter shall be reevaluated by the State Emergency Response Commission which shall propose to the General Assembly adjustments as necessary to meet current and future needs.
16 Del. C. § 7931 — Delaware Code / Title 16 / Chapter 79 / Section 7931
§ Â
        7931. Private water supply.
Status: in_force

Dug wells or other sources of private water supply shall not be permitted on premises accessible to a public water supply unless the private water supply has been approved in writing by the Division of Public Health.
16 Del. C. § 3110 — Delaware Code / Title 16 / Chapter 31 / Subchapter I / Section 3110
§ Â
        3110. Disclosure of records.
Status: in_force

(a) To protect the integrity of vital records, to ensure their proper use and to ensure the efficient and proper administration of the system of vital statistics, the records and files of the Office of Vital Statistics shall be considered confidential matter and shall not be open to inspection, except as authorized by this chapter, and regulations adopted hereunder or by order of a court of competent jurisdiction. Regulations adopted under this section shall provide for adequate standards of security and confidentiality of vital records and reports.

(b) The State Registrar shall upon receipt of an application issue a certified copy of a vital record in the Registrar’s custody or a part thereof to the registrant’s, the registrant’s spouse, children, parents or guardian, or their respective authorized representative. The State Registrar shall, upon receipt of an application, issue a noncertified copy of a vital record, including an original birth certificate, to a registrant who is an adoptee 21 years of age or older. Others may be authorized to obtain certified copies when they demonstrate that the record is needed for the determination or protection of their personal or property rights or for genealogical purposes. The Department shall adopt regulations to further define those who may obtain copies of vital records under this chapter.

(c) The Department may authorize by regulation the disclosure of information contained on vital records for research purposes.

(d) Subject to the provisions of this section, the State Registrar may, by agreement, transmit copies of records and other reports required by this chapter to the federal agency responsible for national vital statistics and other offices of vital statistics outside this State when such records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. The agreement shall require that the copies be used for statistical and/or administrative purposes only and the agreement shall further provide for the retention and disposition of such copies. Copies received by the Office of Vital Statistics from offices of vital statistics in other states shall be handled in the same manner as prescribed in this section.

(e) Appeals from decisions of custodians of vital records, as designated under authority of § 3105 of this title, who refuse to disclose information, or to permit inspection or copying of records as prescribed by this section and regulations adopted hereunder, shall be made to the Department whose decisions shall be binding upon such custodians.

(f) When 72 years have elapsed after the date of birth, 40 years have elapsed after the date of death, or 50 years have elapsed after the date of marriage, the records of these events shall become public records and information shall be made available in accordance with regulations which shall provide for the continued safekeeping of the records.

(g) The State Registrar of Vital Statistics shall submit a monthly report of all births to women under 18 years of age to the Division of Child Support Services of the Department of Health and Social Services, and to the Division of Family Services of the Department of Services for Children, Youth and Their Families for informational, investigative and/or child support purposes. The monthly report shall include the name, address, date of birth and Social Security number of the parents, if available, the date of birth and sex of the child.

(h) The State Registrar of Vital Statistics shall create a certificate of birth resulting in stillbirth and shall issue such certificates as provided for in § 3121A of this title.
16 Del. C. § 7910 — Delaware Code / Title 16 / Chapter 79 / Section 7910
§ Â
        7910. Cross connections with unsafe water supplies.
Status: in_force

(a) Cross connections between safe and unsafe water supply distributing systems shall not be permitted unless such connections have the written approval of the Division of Public Health.

(b) No plumbing, fixture, construction, valves, fitting, device, apparatus or connection that will provide a cross connection between a safe water supply and a sewage system or will permit or make possible the back flow of sewage or waste into a water supply system shall be installed.
16 Del. C. § 2726 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2726
§ Â
        2726. Liability.
Status: in_force

A person who acts in good faith in accord with the terms of this subchapter is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for that act.
16 Del. C. § 3162 — Delaware Code / Title 16 / Chapter 31 / Subchapter III / Section 3162
§ Â
        3162. Witnesses at cremation or natural organic reduction [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

A representative of the family or some individual accredited to act as representative of the family of the individual being cremated or subjected to natural organic reduction may be present at the time the cremation or natural organic reduction is being carried out, subject to crematory or natural organic reduction facility operational constraints.
16 Del. C. § 6662 — Delaware Code / Title 16 / Chapter 66A / Section 6662
§ Â
        6662. Member contributions.
Status: in_force

Member contributions to the Fund shall be $60 per annum.
16 Del. C. § 9214 — Delaware Code / Title 16 / Chapter 92 / Section 9214
§ Â
        9214. Revenues.
Status: in_force

The Authority may fix, revise, charge and collect rates, rents, fees and charges for the use of and for the services furnished or to be furnished by each project and to contract with any person, partnership, association or corporation, or other body, public or private, in respect thereof. Such rates, rents, fees and charges shall be fixed and adjusted in respect of the aggregate of rates, rents, fees and charges from such project so as to provide funds sufficient with other revenues, if any, (1) to pay the principal of and the interest of such project as the same shall become due and payable and (2) to create and maintain reserves required or provided for in any resolution authorizing, or trust agreement securing, such revenue bonds of the Authority. Such rates, rents, fees and charges shall not be subject to supervision or regulation by any department, commission, board, body, bureau or agency of this State, other than the Authority. A sufficient amount of the revenues derived in respect of a project shall be set aside at such regular intervals as may be provided in such resolution or trust agreement in a sinking or other similar fund which is pledged to, and charged with, the payment of the principal of and the interest on such bonds or notes as the same shall become due, and the redemption price or the purchase price of bonds or notes retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time when the pledge is made; the rates, rents, fees and charges and other revenues or other money so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in records of the Authority. The use and disposition of money to the credit of such sinking or other similar fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds or notes of such trust agreement. Except as may otherwise be provided in such resolution or trust agreement, such sinking or other similar fund shall be a fund for all such bonds or notes issued to finance a project or projects at 1 or more participating facilities as the case may be, without distinction or priority of 1 over another; provided the Authority in any such resolution or trust agreement may provide that such sinking or other similar fund shall be the fund for a particular project at a facility and for the bonds issued to finance a particular project and may, additionally, permit and provide for the issuance of bonds or notes having a subordinate lien in respect of the security authorized to other bonds or notes of the Authority and, in such case, the Authority may create separate or other similar funds in respect of such subordinate lien bonds.
16 Del. C. § 801C — Delaware Code / Title 16 / Chapter 8C / Section 801C
§ Â
        801C. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Newborn Screening Program.”
16 Del. C. § 164 — Delaware Code / Title 16 / Chapter 1 / Subchapter V / Section 164
§ Â
        164. Federal aid; authority to expend appropriation.
Status: in_force

If any bill shall be enacted by the United States appropriating moneys to assist the states in protecting the health of mothers and children, and if the Department of Health and Social Services is doing such work at the time the federal aid becomes available, the Department of Health and Social Services shall designate and authorize to be spent such portion of its appropriation as may be necessary to meet the offer of the federal government, if the Department of Health and Social Services shall be recognized by the federal body administering the act as the state body with which it will cooperate. Only such an amount of the Department of Health and Social Services’ appropriation may be designated and spent for the purposes described in this section as will leave at least $15,000 annually for the execution of the duties of the Department of Health and Social Services under this subchapter, other than those which conform with such a federal act which may be enacted.
16 Del. C. § 1204A — Delaware Code / Title 16 / Chapter 12A / Section 1204A
§ Â
        1204A. Universal precautions.
Status: in_force

In recognition of the importance of universal precautions to the control of communicable diseases from a patient to an emergency medical care provider, education and training with respect to universal precautions shall be a mandatory component of any required training and any required continuing education for all emergency medical care providers who have patient contact. Training requirements for this purpose shall be established by the Division of Public Health.
16 Del. C. § 3001H — Delaware Code / Title 16 / Chapter 30H / Section 3001H
§ Â
        3001H. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Customer” means an individual who is lawfully on the premises of a retail establishment.

(2) “Eligible medical condition” means Crohn’s disease or ulcerative colitis, celiac disease, any other inflammatory bowel disease, irritable bowel syndrome, or any other medical condition that requires immediate access to a restroom facility.

(3) “Restroom” means a room containing a toilet.

(4) “Retail establishment” means any business or place where members of the public have access as invitees, licensees, or customers.
16 Del. C. § 4739 — Delaware Code / Title 16 / Chapter 47 / Subchapter III / Section 4739
§ Â
        4739. Prescriptions [For application of the section, see 79 Del. Laws, c. 409, Ââ3].
Status: in_force

(a) Except when dispensed directly by a practitioner other than a pharmacy to an ultimate user, no controlled substance in Schedule II may be dispensed without the written prescription of a practitioner.

(b) In emergency situations, as defined by rule of the Secretary, Schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of this chapter. No prescription for a Schedule II substance may be refilled.

(c) Except when dispensed directly by a practitioner other than a pharmacy to an ultimate user, a controlled substance included in Schedule III or IV which is a prescription drug shall not be dispensed without a written or oral prescription of a practitioner. The prescription shall not be filled or refilled more than 6 months after the date thereof or be refilled more than 5 times, unless renewed by the practitioner.

(d) A controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose.

(e) An ultimate user shall be permitted to prohibit or limit a person other than the ultimate user from receiving a prescription on the ultimate user’s behalf from a pharmacy.
16 Del. C. § 6105 — Delaware Code / Title 16 / Chapter 61 / Subchapter II / Section 6105
§ Â
        6105. Authenticated copies of chapter sent to the state and federal officials.
Status: in_force

Duly authenticated copies of this chapter shall, upon its approval, be transmitted by the Secretary of State to the governor of each state, the Attorney General and the Secretary of State of the United States, and the Council of State Governments.
16 Del. C. § 6614 — Delaware Code / Title 16 / Chapter 66 / Subchapter II / Section 6614
§ Â
        6614. Maintenance of fire hazard, violations of regulations or chapter; burn injuries and wounds to be reported; enforcement; remedies and penalties.
Status: in_force

(a) No person shall erect, construct, reconstruct, alter, maintain or use any building, structure or equipment or use any land in such a way to endanger life or property from the hazards of fire or explosion or in violation of any regulation or any provision of or any change thereof promulgated by the State Fire Prevention Commission under the authority of this chapter.

(b) Whoever recklessly violates such regulations, provisions or change or any provision of this chapter, with the exception of exceeding the posted occupant load in a place of assembly as outlined in subsection (c) of this section, shall be fined not more than $100 or imprisoned not more than 10 days or both.

(c) Whoever negligently violates the regulation of exceeding the posted occupant load in a place of assembly, as defined in the Delaware State Fire Prevention Regulations, shall be fined at least $10 but not more than $100 per person exceeding the posted occupant load as determined by the State Fire Marshal.

(d) Each and every day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues after knowledge or official notice that same is illegal shall be deemed a separate offense.

(e) In case any building, structure or equipment is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land is or is proposed to be used in such a way to endanger life or property from the hazards of fire or explosion or in violation of this chapter or of any regulation or provision of any regulation or change thereof promulgated by the State Fire Prevention Commission under the authority granted by this chapter, the State Fire Prevention Commission, the State Fire Marshal or the Attorney General may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

(f) Every case of a burn injury or wound, where the victim sustained second or third degree burns to 5 percent or more of the body and/or any burns to the upper respiratory tract with laryngeal edema due to the inhalation of super-heated air, and every case of a burn injury or wound which is likely to or may result in death, shall be reported to the Office of State Fire Marshal. The State Fire Marshal shall accept the report and notify the proper investigatory agency. The report shall be provided to the Office of the State Fire Marshal within 72 hours of the initial treatment. The report shall be made by:

(1) The physician attending or treating the case; or

(2) The manager, superintendent or other person in charge, whenever such case is treated in a hospital or other health-care facility. The intentional failure to make such report is a class A misdemeanor.

(g) The State Fire Marshal, or the Marshal’s Deputy or Deputies, may make arrests of persons violating offenses under this section or of persons violating any of the laws of this State relating to fires or burning.

(h) Justices of the Peace shall have jurisdiction over offenses under this section.

(i) All moneys derived from a violation of subsection (c) of this section shall be placed in a special fund to be used by the State Fire Marshal to carry out the provisions of this chapter. Fines that are a result of violations of this chapter that occur within the jurisdiction of the jurisdictional Fire Marshals shall be placed in a separate special fund to be used in that jurisdiction to carry out the provisions of this chapter.
16 Del. C. § 98A-105 — Delaware Code / Title 16 / Chapter 98A / Section 98A-105
§ Â
        98A-105. Conditions of practice in a remote state.
Status: in_force

An individual may practice in a remote state under a privilege to practice only in the performance of the individual’s EMS duties as assigned by an appropriate authority, as defined in the rules of the Commission, and under the following circumstances:

1. The individual originates a patient transport in a home state and transports the patient to a remote state.

2. The individual originates in the home state and enters a remote state to pick up a patient and provide care and transport of the patient to the home state.

3. The individual enters a remote state to provide patient care or transport within that remote state.

4. The individual enters a remote state to pick up a patient and provide care and transport to a third member state.

5. Other conditions as determined by rules promulgated by the Commission.
16 Del. C. § 3058F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3058F
§ Â
        3058F. State dog law management.
Status: in_force

(a) In order to enforce this subchapter, the Department or a municipality shall authorize the hiring of, or contract for, sufficient animal welfare officers to accomplish the purposes of this subchapter.

(b) All animal welfare officers shall be uniformed and shall be adequately trained, certified, and equipped to enforce the dog control laws and ordinances of the State or any of its political subdivisions, including municipalities.

(c) All police officers shall, as occasion requires, assist the animal welfare officers in the enforcement of the dog control laws and ordinances of the State or any of its political subdivisions.
16 Del. C. § 3005G — Delaware Code / Title 16 / Chapter 30G / Section 3005G
§ Â
        3005G. Immunity.
Status: in_force

(a) Notwithstanding any other provision of law, the purchase, acquisition, possession, or use of an opioid antagonist under this chapter does not constitute the unlawful practice of a profession or violation of the Uniform Controlled Substances Act, Chapter 47 of this title.

(b) A health-care practitioner who prescribes or dispenses an opioid antagonist, directly or by standing order, must do so in good faith and with reasonable care. Unless it is established that the health-care practitioner caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, a health-care practitioner is not subject to any of the following as a result of prescribing or dispensing an opioid antagonist:

(1) Disciplinary or other adverse action under the professional licensing laws of this State.

(2) Criminal liability.

(3) Liability for damages for injuries or death.

(c) A pharmacist who dispenses an opioid antagonist under this chapter must do so in good faith and with reasonable care. Unless it is established that the pharmacist caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, a pharmacist is not subject to any of the following as a result of dispensing an opioid antagonist under this chapter:

(1) Disciplinary or other adverse action under the professional licensing laws of this State.

(2) Criminal liability.

(3) Liability for damages for injuries or death.

(d) Public safety personnel who, acting in good faith, administers an opioid antagonist under this chapter, is not liable for damages for injuries or death sustained to the individual in connection with administering an opioid antagonist, unless it is established that such injuries or death were caused wilfully, wantonly, recklessly, or by gross negligence on the part of the public safety personnel who administered the opioid antagonist.

(e) A lay individual who administers an opioid antagonist to an individual under this chapter is rendering emergency care and is exempt from liability under § 6801 of this title.
16 Del. C. § 2409 — Delaware Code / Title 16 / Chapter 24 / Section 2409
§ Â
        2409. Emergency information.
Status: in_force

(a) Employers or manufacturing employers who normally store a hazardous chemical in excess of 55 gallons or 500 lbs. shall provide the fire chief of the fire department having jurisdiction over the workplace, in writing, the name(s) and telephone number(s) of knowledgeable representative(s) of the employer or manufacturing employer who can be contacted for further information or in case of an emergency.

(b) Each employer or manufacturing employer shall provide a copy of the workplace chemical list to the fire chief, upon request. The employer shall notify the fire chief of any significant changes that occur in the workplace chemical list.

(c) The fire chief or the fire chief’s representative, upon request, shall be permitted on site inspections of the chemicals on the workplace chemical list for the sole purpose of preplanning fire department activities in the case of an emergency.

(d) Employers or manufacturing employers shall provide the fire chief, upon request, a copy of the MSDS for any chemical on the workplace chemical list.

(e) The fire chief shall, upon request, make the workplace chemical list and MSDSs available to members of the fire company having jurisdiction over the workplace and to personnel responsible for preplanning emergency police or fire activities but shall not otherwise distribute the information without approval of the employer.
16 Del. C. § 6638 — Delaware Code / Title 16 / Chapter 66 / Subchapter V / Section 6638
§ Â
        6638. Definitions.
Status: in_force

As used in this subchapter:

(1) “Alarm Activation Report” means a designated form issued by the State Fire Marshal for use by the Fire Chief indicating the alarm signal was found to be the result of a false alarm.

(2) “Alarm signal” means the activation of a fire alarm signaling system or a fire suppression system that requests a response by a fire department.

(3) “Audible alarm” means any device, bell, horn, or siren which is attached to the interior or exterior of a building, emits a warning signal outside the building and is designed to attract attention when activated by a fire.

(4) “Dispatch center” means a location specifically configured for the primary purpose of providing emergency communications services, public safety answering point services, and dispatch of fire apparatus to emergency situations.

(5) “False alarm” means the activation of a fire alarm signaling system or any audible alarm which results in a response by the fire department and which is not the result of a fire or other emergency.

a. “False alarm” includes:

1. Negligently or accidentally activated alarm signals; and

2. Alarm signals that are the result of faulty, malfunctioning, or improperly installed or maintained equipment.

b. “False alarm” does not include:

1. Alarm signals activated by severe weather conditions;

2. Alarm signals activated during the initial 30-day period following new installation; or

3. Alarm signals knowingly activated pursuant to § 1245(1) of Title 11, falsely reporting an incident.

(6) “Fire alarm contractor” means a person or company licensed by the State Fire Marshal’s Office and engaged in installing, maintaining, monitoring, altering, or servicing fire alarm signaling or fire suppression systems.

(7) “Fire alarm signaling monitoring company” means a station or building located remote from the protected premises where fire alarm signals from one or more protected premises are received and from where, upon receipt of such signal, a dispatch center is notified.

(8) “Fire alarm signaling system” means an automatic or manual fire alarm or fire suppression system in accordance with the State Fire Prevention Regulations. For the purpose of this legislation, “fire alarm signaling system” does not include typical household single-station smoke detectors in 1- and 2-family dwellings.

(9) “Fire chief” means the fire chief or officer in charge of the responding fire department.

(10) “Monitored system” means the process by which a fire alarm signaling monitoring company receives signals from a fire alarm system and notifies the dispatch center.

(11) “Owner” means any person who owns the premises where the fire alarm signaling system or fire suppression system is installed or the person or persons who lease, operate, occupy, manage the premises, or are bound by the contract for services provided by the fire alarm signaling monitoring company.

(12) “Premises” means any building or structure where a fire alarm signaling system is installed.
16 Del. C. § 9814 — Delaware Code / Title 16 / Chapter 98 / Section 9814
§ Â
        9814. Statewide paramedic funding program.
Status: in_force

(a) The statewide paramedic funding program is hereby established for the purpose of participating with the counties in the financing of the statewide paramedic program.

(b) The operational costs of the minimum paramedic staff hours established for each county in § 9803(c) of this title shall be shared by the State and county with the State providing 30 percent of the cost and the county providing 70 percent beginning in Fiscal Year 2010.

(c) A county will not be eligible for its 30 percent state share until such time as the rules, regulations, procedures, protocols and approvals required by this chapter have been completed or July 1, 1990, whichever is later. The date of approval by the Department of a county program shall be the starting date in terms of eligibility for state share funding. No county programs will be funded retroactively and the Department shall not unreasonably withhold or delay any approval. The Secretary shall not encumber any of the state funds applied for by a county until such county has appropriated its proportional share of funding.

(d) The General Assembly shall appropriate annually an amount sufficient to reimburse 30 percent of approved costs of the statewide paramedic program; this appropriation shall be made in the annual Grants-In-Aid Act and shall be appropriated to the Office of Emergency Medical Services, Division of Public Health, Department of Health and Social Services, which shall serve as the State’s fiscal agent for distributing the funds in accordance with this chapter to counties that operate approved programs. The appropriation in the Grants-In-Aid Act of the state share of the paramedic funding program shall not be subject to the limitation in § 6533(f) of Title 29.

(e) Funds distributed to a county for the purpose of supporting a county component of the statewide paramedic system may be used for direct operating costs or as debt service and financing for bond issuance for that purpose. For those capital projects with a total cost greater than $200,000, the State shall reimburse on a debt service basis. In no instance shall reimbursement include the cost of indirect services provided by the county.

(f) The Office shall promulgate regulations for the distribution of the funds appropriated pursuant to this chapter to the counties that provide for reimbursement on a quarterly basis.

(g) Funds appropriated pursuant to this section may not be used to fund basic life support services. To the extent that a county or its subcontractor operates integrated advanced and basic life support services, the Office shall devise a methodology to separate costs and shall provide reimbursement accordingly.

(h) The Office shall report on the applications, expenditures, and uses of the statewide paramedic funding program annually as part of the budgetary process of the Department.

(i) The Delaware Paramedic Budget Review package shall be submitted by the counties to the Paramedic Administrator by September 1 of each year. Such request shall include, but not be limited to, a detailed plan of expenditure for each county’s approved paramedic program for the subsequent fiscal year. The Paramedic Administrator shall forward copies of the counties’ requests, along with the Department’s funding recommendation to the Director of the Office of Management and Budget and the Office of the Controller General by November 1.

(j) The Office shall distribute, by contract or otherwise, all state funds used for paramedic training programs.
16 Del. C. § 202 — Delaware Code / Title 16 / Chapter 2 / Subchapter I / Section 202
§ Â
        202. Definitions.
Status: in_force

The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the content clearly indicates a different meaning.

(1) “Congenital disability” means any structural or biochemical abnormality, regardless of cause, diagnosed at any time before or after birth, that requires medical or surgical intervention or that interferes with normal growth or development.

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

(3) “Registry” means a central data bank containing collected, classified, coded and stored data relating to congenital disabilities in children under age 5.

(4) “Surveillance” means the process of identifying and investigating congenital disabilities in children under age 5.
16 Del. C. § 2713 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2713
§ Â
        2713. Manner of executing anatomical gifts.
Status: in_force

(a) A gift of all or part of the body under § 2711(a) of this title may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.

(b) A gift of all or part of the body under § 2711(a) of this title may also be made by a document other than a will, including authorizing a statement or symbol indicating that the donor has made an anatomical gift to be recorded in a donor registry or on the donor’s driver’s license or identification card, or a card or other record signed by the donor. If the donor or other person making a gift is physically unable to sign a record, the record may be signed for the donor at the donor’s direction and in the donor’s presence and in the presence of 2 witnesses who must sign the document in the donor’s presence. Delivery of the document of gift during the donor’s lifetime is not necessary to make the gift valid. Revocation, suspension, expiration or cancellation under Title 21 of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

(c) The gift may be made to a specified donee or without specifying a donee. A physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part.

(d) Any gift by a person designated in § 2711(c) of this title shall be made by a document signed by the person or made by the person’s telegraphic, recorded, telephonic or other recorded message.

(e) A person who so directs the manner in which the person’s body or any part of the person’s body shall be disposed of shall receive no remuneration or other thing of value for such disposition.

(f) A document of gift is valid if executed in accordance with:

(1) This chapter;

(2) The law of the state or country where it was executed; or

(3) The law of the state or country where, at the time of execution of the document of gift, the person making the anatomical gift:

a. Is domiciled;

b. Has a place of residence; or

c. Is a citizen.

(g) If a document of gift is valid under this section, the law of Delaware governs interpretation of the document.

(h) A person may rely on a document of gift or amendment of an anatomical gift as being valid unless that person knows that it was not validly executed or was revoked.
16 Del. C. § 4927A — Delaware Code / Title 16 / Chapter 49A / Section 4927A
§ Â
        4927A. Background checks.
Status: in_force

(a) A person required to obtain a background check under this chapter shall submit fingerprints and other necessary information to the State Bureau of Identification in order to obtain all of the following:

(1) A report of the person’s entire criminal history record from the State Bureau of Identification or a statement that the State Bureau of Identification Central Repository contains no such information relating to that person.

(2) A report of the person’s entire federal criminal history record from the Federal Bureau of Investigation pursuant to Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534) or a statement that the Federal Bureau of Investigation’s records contain no such information relating to that person.

(b) The State Bureau of Identification shall be the intermediary for the purpose of subsection (a) of this section and shall forward all information required by subsection (a) of this section to the Commissioner.

(c) The Commissioner shall use the background check required by this section only to determine if the person required to obtain a background check meets the requirements of this chapter.

(d) A person required to obtain a background check under this chapter is responsible for any costs associated with obtaining the background check.
16 Del. C. § 903B — Delaware Code / Title 16 / Chapter 9B / Section 903B
§ Â
        903B. Notification to Division; immunity from liability.
Status: in_force

(a) The health-care provider who is involved in the delivery or care of an infant with prenatal substance exposure shall make a notification to the Division by contacting the Division report line as identified in § 905 of this title.

(b) When 2 or more persons who are required to make a notification have joint knowledge of an infant with prenatal substance exposure, the telephone notification may be made by 1 person with joint knowledge who was selected by mutual agreement of those persons involved. The notification must include all persons with joint knowledge of an infant with prenatal substance exposure at the time the notification is made. Any person who has knowledge that the individual who was originally designated to make the notification has failed to do so, shall immediately make a notification.

(c) A notification made under this section is not to be construed to constitute a report of child abuse or neglect under § 903 of this title, unless risk factors are present that would jeopardize the safety and well-being of the infant.

(d) The immunity provisions under § 908 of this title will also apply to this chapter.
16 Del. C. § 7313 — Delaware Code / Title 16 / Chapter 73 / Section 7313
§ Â
        7313. Kerosene inspection, sampling and testing.
Status: in_force

The weights and measures section of the State Department of Agriculture shall be responsible for the inspection, sampling and testing of kerosene sold by dealers within the State to determine compliance with labeling requirements. Tests shall be conducted on kerosene kept, offered, exposed for sale or sold within the State in order to determine if the product specifications meet the minimum specifications of the type of product being sold. A “stop sale” shall be issued immediately by the Department of Agriculture for all kerosenes found to be mislabeled or misrepresented.
16 Del. C. § 214 — Delaware Code / Title 16 / Chapter 2 / Subchapter II / Section 214
§ Â
        214. Cooperation of participating agencies [Transferred].
Status: in_force

Transferred to § 3108A of Title 14 by 83 Del. Laws, c. 213, § 2, effective Sept. 30, 2021.
16 Del. C. § 5007 — Delaware Code / Title 16 / Chapter 50 / Section 5007
§ Â
        5007. Procedural rights of involuntary patients.
Status: in_force

When a designated treatment facility, hospital or outpatient treatment provider seeks to require an individual to be involuntarily hospitalized pursuant to a probable cause hearing or an involuntary inpatient commitment hearing, or seeks to have the individual placed on involuntary outpatient treatment over objection, or engage in a specific mode of treatment without the individual’s consent, the individual shall be entitled:

(1) To notice, including a written statement, of the factual grounds upon which the proposed hospitalization, outpatient treatment over objection, or treatment without consent is predicated and the reasons for the necessity of such course of action.

(2) To hearings before the court and to judicial determinations of whether or not the individual satisfies the requirements for a probable cause hearing, involuntary inpatient commitment, outpatient treatment over objection, or treatment without consent pursuant to the criteria set out in the relevant sections of this chapter. Such hearings shall be without jury and not open to the public, shall be preceded by written notice to the individual, and the individual shall be entitled to be present at all such hearings.

(3) To be represented by counsel at all judicial proceedings, such counsel to be court-appointed if the individual cannot afford to retain counsel; and to be examined by an independent psychiatrist or other qualified medical expert and to have such psychiatrist or other expert testify as a witness on the individual’s behalf, such witness to be court appointed if the involuntary patient cannot afford to retain such witness.

(4) To conduct discovery, to summon and cross-examine witnesses, to present evidence on the person’s own behalf and to avail the individual’s own self of all other procedural rights afforded litigants in civil causes. The privilege against self-incrimination shall be applicable to all proceedings under this chapter.

(5) To have a full record made of the proceedings, including findings adequate for review. All records and pleadings shall remain confidential unless the court for good cause orders otherwise.

(6) To be notified in writing of the right to appeal a decision made by the court pursuant to § 5014 of this title.
16 Del. C. § 1104B — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1104B
§ Â
        1104B. Certification for assisted living facilities that provide memory care services.
Status: in_force

(a) In the voluntary accreditation registry maintained by the Department under § 1104A of this title, the Department shall designate which accredited assisted living facilities that provide memory care services have submitted proof of a certification for the provision of memory care services by the Joint Commission, a successor organization, or an independent accrediting organization approved by the Department.

(b) Assisted living facilities that wish to have their certification for the provision of memory care services included in the accreditation registry must submit proof of certification to the Department at least once a year and at least 90 days prior to license renewal.

(c) The Department may promulgate and adopt rules and regulations to implement the provisions of this section.
16 Del. C. § 1703 — Delaware Code / Title 16 / Chapter 17 / Section 1703
§ Â
        1703. Nuisance.
Status: in_force

The bringing in of garbage from any place without the State without a permit, the depositing of garbage in any area not named by the Department of Health and Social Services as an area suitable for the disposal of such garbage, and the disposal of any garbage in an unsanitary manner shall be deemed a nuisance under § 310 of this title and subject to the penalties provided in § 317 of this title.
16 Del. C. § 1045 — Delaware Code / Title 16 / Chapter 10 / Subchapter III / Section 1045
§ Â
        1045. Hospital Quality and Health Equity Assessment Commission [For application of this section, see 84 Del. Laws, c. 476, Â 4].
Status: in_force

(a) Establishment; composition. —

The Hospital Quality and Health Equity Assessment Commission is established, consisting of the following members, or a designee of a member serving by virtue of position:

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

(2) The Director of the Division of Medicaid and Medical Assistance.

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

(4) The Chair of the Senate’s Health and Social Services Committee.

(5) The Chair of the House of Representatives’ Health and Human Development Committee.

(6) One member of the House of Representatives Minority Caucus, appointed by the Speaker of the House of Representatives.

(7) One member of the Senate Minority Caucus, appointed by President Pro Tempore of the Senate.

(8) The Chief Executive Officer of the Delaware Healthcare Association.

(9) The Chair of the Delaware Healthcare Association’s Board of Directors.

(10) Two members of facilities subject to payment of the assessment, 1 of whom must be a member qualified to represent the interests of behavioral or rehabilitation hospitals, appointed by the Governor from a list recommended by the Delaware Healthcare Association.

(b) Term of appointment; compensation; administrative support. — (1) Members of the Commission appointed to the Commission and not serving by virtue of their position serve for a term of 2 years, or until a successor is appointed, and may be reappointed for subsequent terms.

(2) Members of the Commission serve without compensation.

(3) The Department shall provide administrative support for the Commission, and all expenses of the Commission, including fees for consultants, if determined necessary, may be paid from the Fund as authorized in § 1043(c)(4) of this title.

(c) Chair; quorum. — (1) The Secretary of the Department of Health and Social Services shall serve as Chair of the Commission.

(2) A majority of the members, whether present in person or virtually, constitute a quorum for the transaction of business.

(d) Duties and authority of the Commission. — (1) The Commission shall meet as follows:

a. At least once before the date the first remittance of the assessment imposed under § 1032 of this title is due and, thereafter, at least once a year.

b. At the call of the Chair for the purpose of reviewing implementation of the assessment and taking actions necessary in furtherance of this subchapter and subchapter II of this chapter.

(2) At each Commission meeting under paragraph (d)(1)a. of this section, the Division of Medicaid and Medical Assistance shall report to the Commission as to the following:

a. A description of the assessment and its implementation for the ensuing fiscal year.

b. Projections of the Federal Medical Assistance Percentage (FMAP).

c. Projections of each hospital’s estimated assessment.

d. A summary of the Fund balance and expenditures made or budgeted during the current fiscal year and the projected Fund balance and expenditures planned in the ensuing fiscal year.

e. Any draft or submitted preprints, Medicaid Plan amendments, or other submissions made or prepared by the State to CMS to establish or implement the assessment.

f. The status of any discussions or negotiations with CMS related to the assessment and any modifications necessary to assure continued eligibility under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.

g. Any matters communicated by CMS relating to potential changes to federal rules or eligibility criteria that may affect implementation of the assessment or the expenditure of moneys from the Fund.

h. The status of updates to tax data to account for new facilities, closed facilities, merged facilities, and triennial base-year updates.

i. The mechanism and process for hospitals to verify any data submitted by the State to CMS.

(e) Modifications. — (1) The Commission shall, in collaboration with the Division of Medicaid and Medical Assistance and the Delaware Health Care Commission, develop and recommend to the General Assembly modifications of subchapter II of this chapter and this subchapter necessary to assure the assessment imposed under § 1032 of this title meets eligibility requirements for federal financial participation under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.

(2) The Commission shall meet to develop and approve recommendations to the General Assembly with regard to modifications of subchapter II of this chapter and this subchapter.

(3) The Commission shall submit a report to the General Assembly detailing any recommended modifications of Subchapter II of this chapter or this subchapter approved by the Commission. The report shall include a redline showing any recommended changes. The Commission shall submit the report to all of the following:

a. The President Pro Tempore and Secretary of the Senate, for distribution to all Senators.

b. The Speaker and Chief Clerk of the House of Representatives, for distribution to all Representatives.

c. The Controller General.

d. The Director and Librarian of the Division of Legislative Services.

(f) Proceedings before Commission. — (1) The Commission is a public body, subject to the open meetings requirement of § 10004 of Title 29; provided, however, that the Commission may schedule and conduct private meetings with hospitals when the content of the discussion will include information that is commercial or financial information of a privileged or confidential nature.

(2) Any patient information and financial, utilization, or other data is confidential and not subject to disclosure under Chapter 100 of Title 29.
16 Del. C. § 10202A — Delaware Code / Title 16 / Chapter 102A / Subchapter I / Section 10202A
§ Â
        10202A. Behavioral health crisis intervention services.
Status: in_force

(a) The Division and the Department of Services for Children, Youth and Their Families shall administer the provision of crisis intervention services in this State.

(b) Subject to this chapter, the Division and the Department of Services for Children, Youth and Their Families shall establish operational standards, procedures, and protocols to administer the provision of crisis intervention services in this State.

(c) The Division and the Department of Services for Children, Youth and Their Families may employ individuals qualified by appropriate ability, education, and experience to administer the provision of crisis intervention services in this State.
16 Del. C. § 521 — Delaware Code / Title 16 / Chapter 5 / Subchapter II / Section 521
§ Â
        521. Reporting by health-care providers.
Status: in_force

(a) Physicians, pharmacists, nurses, hospital administrators, medical examiners, morticians, laboratory administrators and others who provide health-care services to persons with tuberculosis or suspected tuberculosis shall report the following to the Division within 2 working days of its occurrence:

(1) Confirmed or suspected tuberculosis;

(2) The results for any person whose sputa, gastric contents or other specimens submitted for examination reveal the presence of tubercle bacilli;

(3) The occurrence of drug-resistant tuberculosis, even if the confirmed or suspected tuberculosis had been previously reported;

(4) Persons with tuberculosis who have demonstrated an inability to or an unwillingness to adhere to a prescribed treatment regimen, who refuse medication or who show other evidence of not taking medications as prescribed.

(b) Physicians, pharmacists, nurses, hospital administrators, medical examiners, morticians, laboratory administrators and others who provide health-care services to tuberculosis patients shall make their records available to the inspection of the Division when so requested in order to carry out the provisions of this title.
16 Del. C. § 4105 — Delaware Code / Title 16 / Chapter 41 / Section 4105
§ Â
        4105. Misbranded.
Status: in_force

Any mixtures or preparations shall be deemed to be misbranded if they are marked or labelled as any frozen dessert for which a definition or standard of identity has been promulgated but do not conform to such definition or standard of identity.
16 Del. C. § 520 — Delaware Code / Title 16 / Chapter 5 / Subchapter II / Section 520
§ Â
        520. Definitions.
Status: in_force

As used in this title, unless otherwise provided or the context requires a different meaning:

(1) “County Public Health Administrator” means the Division of Public Health employee responsible for managing the operations of all public health programs within an assigned county.

(2) “Designated transport personnel” means such personnel as designated by the Director to transport persons with tuberculosis to and from treatment and/or detention facilities, and other sites as ordered by the Director.

(3) “Directly Observed Therapy (DOT)” means treatment in which health care providers or other designated persons observe patients ingesting anti-TB medications.

(4) “Director” means the Director of the Division of Public Health, or such persons as may be designated by the Director.

(5) “Division” means the Division of Public Health or its authorized representatives, which includes therein all of the responsibilities afforded the State Board of Health as it appears elsewhere in this title.

(6) “Peace officer” means any public officer authorized by law to make arrests in a criminal case.

(7) “Tuberculosis (TB)” means a disease caused by Mycobacterium tuberculosis that is in the active stage as demonstrated by clinical, bacteriologic and/or radiographic evidence. Such persons who have not completed a course of anti-TB treatment are considered to have active TB and might be infectious.

(8) “Voluntary treatment” means a person voluntarily taking medications as prescribed and following the recommendations of the attending physician or the Division for the management of tuberculosis.
16 Del. C. § 3012F — Delaware Code / Title 16 / Chapter 30F / Subchapter II / Section 3012F
§ Â
        3012F. Purpose.
Status: in_force

The purpose of the Animal Population Control Program is to decrease the number of stray and unwanted cats and dogs. The Program’s goals include a reduction in the following:

(1) Population growth among stray and unwanted cats and dogs.

(2) Stray and unwanted cats and dogs entering animal shelters.

(3) Cat and dog euthanasia rates.

(4) Animal-inflicted injuries to humans (e.g., bites).

(5) Threats to public health and safety (e.g., from rabies and vehicular accidents).
16 Del. C. § 4715 — Delaware Code / Title 16 / Chapter 47 / Subchapter II / Section 4715
§ Â
        4715. Schedule II tests.
Status: in_force

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

(1) The substance has high potential for abuse;

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

(3) The abuse of the substance may lead to severe psychic or physical dependence.
16 Del. C. § 2504A — Delaware Code / Title 16 / Chapter 25A / Section 2504A
§ Â
        2504A. Duty of patientâs authorized representative.
Status: in_force

(a) At such time as a patient lacks decision-making capacity, the patient’s authorized representative shall make a health-care decision to treat, withdraw, or withhold treatment in accordance with the patient’s individual instructions as expressed in an advance health-care directive or DMOST form, if any, and other wishes to the extent known, or, if a guardian appointed pursuant to Chapters 39 and 39A of Title 12, in accordance with the authority granted by the appointing court. The patient’s authorized representative shall have the power to make any health-care decision authorized under this chapter unless limited by the order of a court of competent jurisdiction or limited in the document provided by the authorized representative as evidence of that authorized representative’s authority.

(b) If the patient’s instructions or wishes are not known or clearly applicable, the authorized representative’s decision shall conform as closely as possible to what the patient would have done or intended under the circumstances. To the extent the authorized representative knows or is able to determine, the authorized representative’s decision shall take into account the following nonexclusive list of factors, if applicable:

(1) The patient’s personal, philosophical, religious, and ethical values.

(2) The patient’s likelihood of regaining decision-making capacity.

(3) The patient’s likelihood of death.

(4) The treatment’s burdens on and benefits to the patient.

(5) Reliable oral or written statements previously made by the patient, including, but not limited to, statements made to family members, friends, health-care providers, or religious leaders.

(c) The decision of an authorized representative regarding whether life-sustaining procedures should be provided, withheld, or withdrawn shall not be based on a patient’s status either as an individual with a preexisting long-term mental or physical disability, or as an individual who is economically disadvantaged.
16 Del. C. § 6604C — Delaware Code / Title 16 / Chapter 66C / Section 6604C
§ Â
        6604C. Compliance dates.
Status: in_force

(a) For each lodging establishment, newly erected, built, or constructed after January 1, 2019, the carbon monoxide detection devices required under § 6602C of this title must be installed at the time of construction.

(b) For each lodging establishment, in the process of being erected, built, or constructed as of January 1, 2019, the carbon monoxide detection devices required under § 6602C of this title must be installed before December 31, 2019, or the completion of construction.

(c) For each existing lodging establishment, erected, built, or constructed before January 1, 2019, the carbon monoxide detection devices required under § 6602C of this title must be installed before December 31, 2020.
16 Del. C. § 4904A — Delaware Code / Title 16 / Chapter 49A / Section 4904A
§ Â
        4904A. Limitations.
Status: in_force

(a) This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalties for engaging in, the following conduct:

(1) Undertaking any task under the influence of marijuana, when doing so would constitute negligence or professional malpractice;

(2) Except as provided in subsection (b) of this section, possessing marijuana, or otherwise engaging in the medical use of marijuana:

a. In a school bus;

b. On the grounds of any preschool or primary or secondary school; or

c. In any correctional facility.

d. In any health care or treatment facility operated by the Department of Health and Social Services or funded contractually through the Department of Health and Social Services.

(3) Smoking marijuana:

a. In any form of transportation; or

b. In any public place.

(4) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana.

(5) Using marijuana if that person does not have a medical condition.

(6) Transferring marijuana to any person who is not allowed to possess marijuana under this chapter.

(b) School exceptions. — Notwithstanding subsection (a) of this section, a designated caregiver registered pursuant to § 4908A of this title may possess for the purpose of administering, and may administer to a minor qualifying patient medical marijuana oil in a school bus and on the grounds or property of the preschool, or primary or secondary school in which a minor qualifying patient is enrolled. The designated caregiver shall not be a school nurse or other school employee hired or contracted by a school unless the designated caregiver is a parent or legal guardian of the minor qualifying patient, and said parent or legal guardian possesses no more than the number of doses prescribed per day of medical marijuana oil which is kept at all times on their person. Provided further, this exception shall only apply within the physical boundaries of the State of Delaware.
16 Del. C. § 6658 — Delaware Code / Title 16 / Chapter 66A / Section 6658
§ Â
        6658. Amount of pension.
Status: in_force

The amount of the monthly pension payable to an eligible member shall be $10 multiplied by years of credited service up to a maximum of 25 years.
16 Del. C. § 3121 — Delaware Code / Title 16 / Chapter 31 / Subchapter II / Section 3121
§ Â
        3121. Registration of births.
Status: in_force

(a) A certificate of birth for each live birth which occurs in this State shall be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within 10 days after such birth and shall be registered if it has been completed and filed in accordance with this section.

(b) When a birth occurs in an institution or en route thereto, the person in charge of the institution or the person’s designated representative shall obtain the personal data, prepare the certificate, secure the signatures required, and file the certificate as directed in subsection (a) of this section or as otherwise directed by the State Registrar within the required 10 days. The physician or other person in attendance shall provide the medical information required by the certificate and certify to the facts of birth within 72 hours after the birth. If the physician, or other person in attendance, does not certify to the facts of birth within the 72-hour period, the person in charge of the institution shall complete and sign the certificate.

(c) When a child is born to an unmarried woman in an institution, the person responsible for completing the birth certificate, or the person’s designated representative, shall do all of the following:

(1) Provide written information prepared by the Division of Child Support Services to the mother and the putative father, if he is present, explaining the rights and responsibilities of acknowledging paternity.

(2) Provide the mother and the putative father the opportunity to sign an acknowledgment of paternity as described in subsection (d) of this section and provide notary public services for this purpose.

(3) Provide the mother and the putative father with a copy of the signed and notarized acknowledgment.

(4) File the signed and notarized acknowledgment with the Office of Vital Statistics within 10 days after execution. The Office of Vital Statistics shall send a copy of the acknowledgment to the Division of Child Support Services within 7 days after it receives the acknowledgment.

(d) The acknowledgment provided for in subsection (c) of this section shall contain all of the following:

(1) The mother’s address and Social Security number, her statement that the putative father is the only possible father and her consent to the acknowledgment of paternity.

(2) The putative father’s address and Social Security number and his statement that he is the biological father of the child.

(3) Subject to the provisions of subchapter III of Chapter 8 of Title 13, their acknowledgment of a right to blood, tissue or other genetic testing to determine paternity or nonpaternity and of the right to otherwise dispute paternity in any civil or criminal action in which the paternity of the child by the putative father is an element of the claim for relief or a defense.

(4) A statement of the presumptive effect of the acknowledgment of paternity under § 8-305 of Title 13.

(5) A statement of the rights and responsibilities of acknowledging paternity, including that the acknowledgment of paternity establishes the duty of both parties to support the child, is the basis for the entry of a child support order without further proceedings to establish paternity, may be the basis for the putative father establishing custody and visitation rights, establishes inheritance rights and may be the basis for requiring notice to the putative father prior to an adoption.

(6) Instructions for filing the acknowledgment with the Office of Vital Statistics.

(7) The acknowledgment of both the putative father and the mother that they have been notified, orally and in writing of each of the items listed in paragraphs (d)(1) through (6) of this section before signing the acknowledgment of paternity.

(e) Subsection (c) of this section does not apply when a child is born to an unmarried woman in an institution and the mother or putative father is a minor. The Office of Vital Statistics may not accept an acknowledgment of paternity as described in subsection (d) of this section if signed by a mother or putative father who is a minor. If the mother or putative father is a minor, paternity shall be determined in accordance with Chapter 8 of Title 13.

(f) When a birth occurs outside an institution, the certificate shall note whether such a birth was preplanned to occur outside of an institution, the type of license held by any midwife in attendance, and the certificate shall be prepared and filed by 1 of the following in the indicated order of priority:

(1) The physician in attendance at or immediately after the birth, or in the absence of such a person.

(2) The midwife in attendance at or immediately after the birth; or in the absence of such a person.

(3) Any other person in attendance at or immediately after the birth, or in the absence of such a person.

(4) The father, the mother, or, in the absence of the father and the inability of the mother, the State Registrar or a duly authorized representative.

(g) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this State, the birth shall be registered in this State and the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in this State, the birth shall be registered in this State but the certificate shall show the actual place of birth insofar as can be determined.

(h) (1) If the mother was married at the time of either conception or birth, or between conception and birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by Family Court.

(2) If the mother was not married at the time of either conception or birth or between conception and birth, the name of the father shall not be entered on the certificate without a court order from Family Court or an acknowledgment of paternity which is signed by both parents and their signatures notarized.

(3) In any case in which paternity of a child is determined by Family Court, the name of the father and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court.

(4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.

(i) Either of the parents of the child, or other informant, shall attest to the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within 10 days prescribed in this section.

(j) The time within which a supplementary report furnishing information omitted from the original certificate may be returned for the purpose of completing the certificate shall not be more than 6 months from the date of birth. Certificates of birth completed by a supplementary report shall not be considered delayed or altered.
16 Del. C. § 9402 — Delaware Code / Title 16 / Chapter 94 / Section 9402
§ Â
        9402. Purpose.
Status: in_force

The purposes of this chapter are as follows:

(1) To minimize the likelihood of institutionalization and maximize the potential for independent living of individuals with disabilities.

(2) To establish a statewide consumer-directed attendant support program which promotes self-sufficiency, self-reliance and a sense of personal responsibility among participants.

(3) To enhance the continuum of community-based services offered by the State; and

(4) To reduce barriers to participation in vocational, educational, social and other common community-based activities.
16 Del. C. § 151 — Delaware Code / Title 16 / Chapter 1 / Subchapter IV / Section 151
§ Â
        151. Powers and duties of Department of Health and Social Services.
Status: in_force

The Department of Health and Social Services may:

(1) Promote a careful study of conditions regarding tuberculosis throughout the State;

(2) Educate public opinion as to the causes and prevention of tuberculosis;

(3) Arouse general interest in securing adequate provision for the proper care of tuberculosis patients in their homes and by means of sanatoria; and

(4) Send such tuberculosis patients as require treatment to Emily P. Bissell Hospital for such treatment.
16 Del. C. § 6102 — Delaware Code / Title 16 / Chapter 61 / Subchapter II / Section 6102
§ Â
        6102. Compact administrator.
Status: in_force

The Secretary of the Department of Health and Social Services shall be the compact administrator and, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. Said compact administrator shall serve subject to the pleasure of the Governor. The compact administrator shall cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this State thereunder.
16 Del. C. § 3001D — Delaware Code / Title 16 / Chapter 30D / Section 3001D
§ Â
        3001D. Purpose.
Status: in_force

The purpose of this chapter it to provide for the regulation of tanning facilities throughout this State in order to better provide for the health and welfare of its citizens.
16 Del. C. § 7107 — Delaware Code / Title 16 / Chapter 71 / Section 7107
§ Â
        7107. Administration.
Status: repealed

(a) Application. — Applications for license hereunder shall be made to the issuing authorities having jurisdiction over the locality for which license is requested on forms and as prescribed in regulations issued by such authorities.

(b) License fees. — License fees shall be paid at the time of application in the amount of $10.

(c) Qualifications. — No issuing authorities shall issue any license to any person unless:

(1) The applicant is at least 21 years of age, or if a business entity, properly qualified to do business in the State.

(2) The applicant has not been convicted of a wilful violation of any provisions of this chapter.

(3) The applicant has not knowingly withheld information or has not made any false or fictitious statement intended or likely to deceive in connection with the application.

(4) The applicant has certified in writing familiarity and understanding of all published federal, state and local laws relating to explosives at the location of the applicant’s activities.

(5) The applicant has not been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year.

(6) The applicant is not a fugitive from justice.

(7) The applicant is not an unlawful user of or addicted to marijuana (as defined in § 4761 of the Internal Revenue Code of 1954 [repealed]) or any depressant or stimulant drug (as defined in § 201(2) of the federal Food, Drug and Cosmetic Act [obsolete]), or narcotic drug (as defined in § 4731(a) of the Internal Revenue Code of 1954 [repealed]).

(d) Posting and possession of licenses. — Licenses issued under this chapter, except as otherwise provided with respect to blaster’s licenses, shall be kept posted on premises or on the person of the licensee and be available for inspection.

(e) Licensed locations and activities. — Each license issued under this chapter shall specify the licensee, the licensed activity, its effective date and its expiration date.

(f) Regulations and forms. — The administration of this chapter shall be vested in the issuing authorities who are authorized to:

(1) Prescribe such rules and regulations as are deemed reasonably necessary to carry out this chapter. The issuing authorities shall give reasonable public notice and afford to interested parties opportunity for hearing prior to prescribing such regulations.

(2) Prescribe forms required for the administration of this chapter.

(g) Right of inspection and disclosure. — The issuing authorities or their designees may enter during business hours the premises (including places of storage) of any licensee for the purpose of inspecting or examining (1) any records or documents kept by such licensee, and (2) any explosive materials kept or stored by such licensee. Upon the request of any federal agency, the issuing authorities shall make available any information which it may obtain by reason of this section with respect to the identification of persons within the State who have purchased or received explosive materials, together with a description of such explosive materials.

(h) Denial or revocation of license. — A license under this chapter may be denied or revoked for failure to comply with or satisfy the requirements of any provision of this chapter and for any of the following reasons:

(1) Noncompliance with any order of the applicable issuing authorities.

(2) Proof that the applicant or licensee has been convicted of a crime punishable by imprisonment for more than 1 year.

(3) Proof that the applicant or licensee advocates or knowingly belongs to any organization or group which advocates violent overthrow or violent action against any federal, state or local government, or any individuals therein.

(4) Proof that the applicant or licensee suffers from a mental or physical defect which makes applicant or licensee unfit for the work required.

(5) Violation by the applicant or licensee of any provision of any law or regulation relating to explosive materials or proof that false information was given or misrepresentation made to obtain the license.

(6) Failure by the applicant or licensee to advise the issuing authorities of any change in a material fact supplied in the application.

In any case where the issuing authorities deny or revoke a license, they promptly will notify the applicant or licensee of the basis for the revocation or denial and afford the applicant or licensee an opportunity for a hearing in the manner prescribed by the regulations of the issuing authorities.

(i) Renewal. — Licenses issued under this chapter shall be effective for not more than 2 years and may be renewed as the issuing authorities may prescribe by regulations.

(j) Emergency variations. — Issuing authorities may approve variations from the requirements of this chapter when they find that an emergency exists and that the proposed variations from the specific requirements:

(1) Are necessary; and

(2) Will not hinder the effective administration of this chapter.
16 Del. C. § 3014F — Delaware Code / Title 16 / Chapter 30F / Subchapter II / Section 3014F
§ Â
        3014F. Funding.
Status: repealed

(a) A Spay/Neuter Fund is established for the purpose of funding the Program.

(b) All moneys received by the Department in accordance with the authority provided by this subchapter shall be deposited into a separate, nonlapsing account and shall be dedicated for use by the Department for veterinarian reimbursement and administration costs associated with the Program and other expenses that achieve the purpose of the Program.

(c) All interest earnings shall be credited to the assets of the Fund and shall become part of the Fund.

(d) Any balance remaining in the Fund at the end of any fiscal year shall be carried forward for the next fiscal year for this Program.

(e) The Fund shall be created from a combination of the following:

(1) Annual registration fees on pet food distributed to the Fund under § 1706 of Title 3.

(2) A $3.00 surcharge shall be added to each rabies inoculation administered to cats and dogs in Delaware. This surcharge does not apply to stray, abandoned, abused, or owner-surrendered animals admitted for intake to an animal shelter for temporary shelter and care. It is the responsibility of the veterinarian administering the inoculation to collect the surcharge and forward same on a monthly basis, together with all applicable rabies inoculation verifications and other forms to the Department.

(3) Proceeds from the animal welfare license plate fees distributed to the Fund under § 2139F of Title 21.

(4) Any other money from any other source accepted for the benefit of the Fund.

(f) All revenue shall be deposited in the Fund’s account and shall become part of the Fund’s corpus.

(1)-(4) [Repealed.]
16 Del. C. § 6606D — Delaware Code / Title 16 / Chapter 66D / Section 6606D
§ Â
        6606D. Testing failures.
Status: in_force

(a) In the event an inspection or test reveals deficiencies in fire life safety dampers, or smoke control systems, the person(s) who conducted the inspection or test shall prepare a deficiency report for the building owner identifying the nature of the deficiency and reasons for noncompliance. The deficiency report shall also contain the name and certification number of the individual(s) conducting the inspection or test and that person’s employer, the name of the building owner, address of the property, the location of all fire dampers, smoke dampers, combination fire/smoke dampers and smoke control systems inspected or tested, and the date of the inspection or test. The building owner shall, without delay, take the necessary steps to ensure the defective equipment is replaced or repaired and that compliance with the applicable inspection and testing requirements has been achieved. A building that does not achieve compliance within 30 days shall be deemed in violation of this section.

(b) The building owner shall post a notice of verification of the testing and inspection of fire life safety dampers, and smoke control systems in the outside lobby window of the building or other area clearly visible to the public. The verification shall state the address of the building and the date of the last fire damper inspection, smoke damper inspection, and smoke control system inspection, and the date that each inspection expires.
16 Del. C. § 527 — Delaware Code / Title 16 / Chapter 5 / Subchapter II / Section 527
§ Â
        527. Order for emergency treatment [Effective until July 17, 2028].
Status: in_force

(a) The County Public Health Administrator shall file a petition before the Division requesting that emergency treatment be ordered for a person infected with, or reasonably suspected of having, tuberculosis when the County Public Health Administrator has clear and convincing evidence, documented as facts in the petition, that:

(1) The person has tuberculosis or is reasonably suspected of having tuberculosis;

(2) The person poses an imminent and substantial threat to that person’s own self or the public health and welfare; and

(3) The person is unable, for whatever reason, to sufficiently protect that person’s own health or that of the public or there is evidence that a person will act in such a way as to recklessly disregard the person’s own health or the public’s health; and

(4) The person is not likely to appear at a hearing scheduled pursuant to § 526 of this title; or

(5) The person provides evidence by words or action that the person is likely to leave the jurisdiction prior to the hearing date; or

(6) The person is likely to continue to expose the public to the risk of tuberculosis and, therefore, a hearing pursuant to § 526 of this title does not protect the public.

(b) No emergency treatment order shall be issued unless 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, finds that:

(1) The County Public Health Administrator has also requested in the emergency treatment petition a hearing pursuant to § 526 of this subchapter, as well as its subparts, to consider the examination, treatment or placement of the person with tuberculosis or reasonably suspected to have tuberculosis, providing all due process rights as stated in § 526 of this title;

(2) The County Public Health Administrator presents clear and convincing evidence that a substantial threat to the person or the public’s health and welfare exists unless the emergency treatment order is issued;

(3) The County Public Health Administrator has no other reasonable alternative means of reducing the threat to the individual or public’s health and welfare.

(c) When issuing an emergency treatment order, the Division shall direct a peace officer or other designated transport personnel to immediately transport the person with tuberculosis as so ordered by 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. The peace officer shall take into custody and isolate the person in such a manner as required by the Director. The Division will notify the peace officer or other designated transport personnel concerning any necessary infection control procedures to be taken.

(d) In no case shall an emergency treatment order continue for more than 5 working days.(a) The County Public Health Administrator shall file a petition before the Director requesting that emergency treatment be ordered for a person infected with, or reasonably suspected of having, tuberculosis when the County Public Health Administrator has clear and convincing evidence, documented as facts in the petition, that:

(1) The person has tuberculosis or is reasonably suspected of having tuberculosis;

(2) The person poses an imminent and substantial threat to that person’s own self or the public health and welfare; and

(3) The person is unable, for whatever reason, to sufficiently protect that person’s own health or that of the public or there is evidence that a person will act in such a way as to recklessly disregard the person’s own health or the public’s health; and

(4) The person is not likely to appear at a hearing scheduled pursuant to § 526 of this title; or

(5) The person provides evidence by words or action that the person is likely to leave the jurisdiction prior to the hearing date; or

(6) The person is likely to continue to expose the public to the risk of tuberculosis and, therefore, a hearing pursuant to § 526 of this title does not protect the public.

(b) No emergency treatment order shall be issued unless the Director finds that:

(1) The County Public Health Administrator has also requested in the emergency treatment petition a hearing pursuant to § 526 of this title, as well as its subparts, to consider the examination, treatment or placement of the person with tuberculosis or reasonably suspected to have tuberculosis, providing all due process rights as stated in § 526 of this title;

(2) The County Public Health Administrator presents clear and convincing evidence that a substantial threat to the person or the public’s health and welfare exists unless the emergency treatment order is issued;

(3) The County Public Health Administrator has no other reasonable alternative means of reducing the threat to the individual or public’s health and welfare.

(c) When issuing an emergency treatment order, the Director shall direct a peace officer or other designated transport personnel to immediately transport the person with tuberculosis as so ordered by the Director. The peace officer shall take into custody and isolate the person in such a manner as required by the Director. The Division will notify the peace officer or other designated transport personnel concerning any necessary infection control procedures to be taken.

(d) In no case shall an emergency treatment order continue for more than 5 working days.
16 Del. C. § 10221A — Delaware Code / Title 16 / Chapter 102A / Subchapter III / Section 10221A
§ Â
        10221A. Definitions.
Status: in_force

As used in this subchapter:

(1) “Behavioral health crisis intervention services surcharge” or “surcharge” means the amount imposed by a provider or collected by a prepaid wireless seller under this subchapter.

(2) “Business telephone service” means network access telephone service where the use of the service is primarily for business purposes.

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

(4) “Fund” means the Behavioral Health Crisis Intervention Services Fund created by § 10212A of this title.

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

(6) “Prepaid wireless telecommunications service” means a wireless telecommunications service that allows a caller to dial 988 to access the 988 system, which service must be paid for in advance and is sold in predetermined units or dollars of which the number declines in a known amount.

(7) “Provider” means a telecommunications service provider, including a wireless provider, any other provider that is required to or opts to provide 988 service, or any intermediate entity or pass-through agent providing telecommunications services.

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

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

(10) “Seller” means a person who sells prepaid wireless telecommunications service to another person.

(11) “State government” includes any of the following:

a. An office or agency created by the Delaware Constitution or an act of the General Assembly.

b. An office or agency created by an office or agency created by the Delaware Constitution or an act of the General Assembly.

c. A school district or charter school.

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

(13) “Wireless provider” means as “wireless provider” is defined in § 10002 of this title.

(14) “Wireless service” means as “wireless service” is defined in § 10002 of this title.
16 Del. C. § 2203 — Delaware Code / Title 16 / Chapter 22 / Section 2203
§ Â
        2203. Definitions.
Status: in_force

For the purposes of this chapter, definitions of the following terms and phrases shall be as follows:

(1) “Administrator” means the individual or individuals who have been appointed by the entity that operates a licensed treatment facility to manage its affairs and who will be its agent for service of process or orders of a court.

(2) “Court,” unless otherwise identified, means the Superior Court of the State, except where the person in need of treatment is under the age of 18 years. If the person in need of treatment is under the age of 18 and it is appropriate, “court” may then mean the Family Court of the State.

(3) “Department” means the Department of Health and Social Services unless the usage indicates otherwise.

(4) “Designated transport personnel” means those personnel designated by the Secretary of the Department of Health and Social Services, in the case of adults, or the Secretary of the Department of Services for Children, Youth and Their Families, in the case of minors under the age of 18 years, to transport persons in need of treatment.

(5) “Division” means the Department of Health and Social Services, Division of Alcoholism, Drug Abuse and Mental Health, or Division of Prevention and Behavioral Health Services as indicated by the usage.

(6) “Facility” or “treatment facility” means an entity, other than a licensed hospital, that provides care, lodging or treatment to persons in need of treatment. A “residential treatment facility” provides 24-hour, live-in treatment to persons in need of treatment. A treatment facility may have 1 or more “treatment programs” which are distinct therapeutic service components that may also address different age populations. “Facility” does not include the outpatient practice offices of licensed independent practitioners, including, but not limited to, physicians, psychologists, social workers and counselors.

(7) “Office” means the Office of Substance Abuse Services within the Department of Health and Social Services.

(8) “Patient” means a person in need of treatment who is the subject of a petition for involuntary treatment or anyone engaged in substance abuse who is requesting voluntary treatment, or as permitted under this chapter, those individuals for whom treatment has been consented to by a parent, relative caregiver, legal guardian or legal custodian.

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

(10) “Peace officer” means any public officer authorized by law to make arrests in a criminal case.

(11) “Person in need of treatment” means an individual who engages in substance abuse as previously defined in this section to the extent that:

a. Such use causes the person to pose an imminent risk of injury to self or others without treatment; or

b. Otherwise substantially interferes with the individual’s ability to provide self-care in an age-appropriate manner, as evidenced by a significant impairment of functioning in hydration, nutrition, self-protection or self-control, thereby posing a grave and immediate risk of serious harm to the individual’s health and well-being.

(12) “Person who is incompetent” means a person who has been adjudged incompetent by an appropriate state court.

(13) “Physician” means an individual licensed to practice medicine in this State; or a physician employed by the Delaware Psychiatric Center, registered within the Medical Council of Delaware, and certified by the Division as being qualified in the diagnosis and treatment of substance abuse; or any physician employed by the United States government within the State in the capacity of psychiatrist and certified by the Division as qualified in the diagnosis and treatment of substance abuse.

(14) “Secretary” means the Secretary of the Department of Health and Social Services, unless the usage indicates otherwise.

(15) “Staff,” means individuals with specific training in drug and alcohol assessment or treatment who are licensed by the State as independent practitioners in the fields of nursing, social work, medicine, psychology, or counseling; or individuals otherwise certified as drug and alcohol counselors in a manner acceptable to the State; or individuals otherwise permitted to practice as set out above.

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

(17) “Substance evaluation team” is staff in the substance abuse and mental health field charged with assisting other agencies in determination of the appropriate treatment modalities for patients referred.

(18) “Treatment” means clinical and related services rendered to a person who abuses alcohol, drugs or inhalants.

(19) “Treatment team” means staff members who collectively provide clinical services to a person in need of treatment.

(20) “Working day” means all days other than Saturdays, Sundays and legal state and federal holidays.
16 Del. C. § 98A-103 — Delaware Code / Title 16 / Chapter 98A / Section 98A-103
§ Â
        98A-103. Home state licensure.
Status: in_force

A. Any member state in which an individual holds a current license is deemed a home state for purposes of this Compact.

B. Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state under circumstances not authorized by the privilege to practice under the terms of this Compact.

C. A home state’s license authorizes an individual to practice in a remote state under the privilege to practice only if the home state meets all of the following requirements:

1. Currently requires the use of the National Registry of Emergency Medical Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and paramedic levels.

2. Has a mechanism in place for receiving and investigating complaints about individuals.

3. Notifies the Commission, in compliance with the terms of the Compact, of any adverse action or significant investigatory information regarding an individual.

4. No later than 5 years after activation of the Compact, requires a criminal background check of all applicants for initial licensure, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the federal bureau of investigation, with the exception of federal employees who have suitability determination in accordance with 5 CFR § 731.202, and submits documentation of the requirement as promulgated in the rules of the Commission.

5. Complies with the rules of the Commission.
16 Del. C. § 8805 — Delaware Code / Title 16 / Chapter 88 / Section 8805
§ Â
        8805. Office of the State Fire Marshal to assist with plan review and technical assistance.
Status: in_force

The office of the State Fire Marshal shall assist educational institutions with dormitories in their compliance with this act in accord with § 6612(l)(1)b. of this title.
16 Del. C. § 9603A — Delaware Code / Title 16 / Chapter 96A / Section 9603A
§ Â
        9603A. Administration of the ABLE Program.
Status: in_force

(a) This chapter shall be administered by the Plans Management Board pursuant to § 2722 of Title 29.

(b) The Board may establish, develop, implement and maintain a Delaware Achieving a Better Life Experience Program for all eligible individuals and families for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life. Should a Delaware ABLE program be established, the Board shall ensure and maintain the Program’s status as a “qualified ABLE program” as defined by the federal ABLE Act.

(c) In lieu of the development of a Delaware ABLE program, the Board is authorized to effect this chapter’s purpose through the entry into a consortium, joint venture, or contract with another state or states, or by assisting eligible individuals in Delaware in identifying and accessing ABLE programs established by other states.
16 Del. C. § 7118 — Delaware Code / Title 16 / Chapter 71A / Section 7118
§ Â
        7118. Certification of compliance by manufacturers.
Status: in_force

(a) Each manufacturer shall submit to the State Fire Marshal a written certification attesting that:

(1) Each cigarette listed in the certification has been tested in accordance with § 7117 of this title;

(2) Each cigarette listed in the certification meets the performance standard set forth under § 7117(a)(3) of this title;

(3) Each cigarette listed in the certification shall be described with the following information:

a. Brand (i.e., the trade name on the package);

b. Style (i.e., light, ultra light);

c. Length in millimeters;

d. Circumference in millimeters;

e. Flavor (e.g., menthol, chocolate), if applicable;

f. Filter or nonfilter;

g. Package description (e.g., soft pack, box);

h. Marking approved in accordance with § 7119 of this title.

i. The name, address and telephone number of the laboratory, if different than the manufacturer that conducted the test; and

j. The date that the testing occurred.

(b) Such certifications shall be made available to the Attorney General and the Division of Revenue for the purposes of ensuring compliance with this section. Each cigarette certified under this section shall be recertified every 3 years.

(c) For each cigarette listed in a certification a manufacturer shall pay to the State Fire Marshal a $250 fee. The State Fire Marshal shall have the power to adjust this fee to an amount sufficient only to provide for processing, testing, enforcement and oversight activities related to this chapter.

(d) There is hereby established in the custody of the State Comptroller a special nonlapsing fund to be known as the “Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund.” Such fund shall consist of all certification fees submitted by manufacturers, and shall, in addition to any other moneys made available for such purpose, be available to the State Fire Marshal’s Office and shall be used solely to support State processing testing, enforcement and oversight activities related to this chapter. All payments from the Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund shall be made on the audit and warrant of the State Treasurer on vouchers certified and submitted by the State Fire Marshal.

(e) If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, that cigarette shall not be sold or offered for sale in this State until the manufacturer retests the cigarette in accordance with the testing standards set forth in § 7117 of this title and maintains records of that retesting as required by § 7117 of this title. Any altered cigarette which does not meet the performance standard set forth in § 7117 of this title may not be sold in this State.
16 Del. C. § 98A-102 — Delaware Code / Title 16 / Chapter 98A / Section 98A-102
§ Â
        98A-102. Definitions.
Status: in_force

As used in this Compact:

A. “Advanced emergency medical technician” or “AEMT” means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.

B. “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws that may be imposed against licensed EMS personnel by a state EMS authority or state court, including actions against an individual’s license such as revocation, suspension, probation, consent agreement, monitoring, or other limitation or encumbrance on the individual’s practice; letters of reprimand or admonition; fines; criminal convictions; and state court judgments enforcing adverse actions by the state EMS authority.

C. “Alternative program” means a voluntary, nondisciplinary substance abuse recovery program approved by a state EMS authority.

D. “Certification” means the successful verification of entry-level cognitive and psychomotor competency using a reliable, validated, and legally defensible examination.

E. “Commission” means the national administrative body of which all states that have enacted the Compact are members.

F. “Emergency medical technician” or “EMT” means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.

G. “Home state” means a member state where an individual is licensed to practice emergency medical services.

H. “License” means the authorization by a state for an individual to practice as an EMT, AEMT, paramedic, or at a level between EMT and paramedic.

I. “Medical director” means a physician licensed in a member state who is accountable for the care delivered by EMS personnel.

J. “Member state” means a state that has enacted this Compact.

K. “Paramedic” means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.

L. “Privilege to practice” means an individual’s authority to deliver emergency medical services in remote states as authorized under this Compact.

M. “Remote state” means a member state in which an individual is not licensed.

N. “Restricted” means the outcome of an adverse action that limits a license or the privilege to practice.

O. “Rule” means a written statement by the Commission promulgated pursuant to § 98A-112 of this title that is of general applicability; implements, interprets, or prescribes a policy or provision of this Compact; or is an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a member state. “Rule” includes the amendment, repeal, or suspension of an existing rule.

P. “Scope of practice” means defined parameters of various duties or services that may be provided by an individual with specific credentials. Whether regulated by rule, statute, or court decision, it tends to represent the limits of services an individual may perform.

Q. “Significant investigatory information” means one of the following:

1. Investigative information that a state EMS authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proved true, would result in the imposition of an adverse action on a license or privilege to practice.

2. Investigative information that indicates that the individual represents an immediate threat to public health and safety, regardless of whether the individual has been notified and had an opportunity to respond.

R. “State” means any state, commonwealth, district, or territory of the United States.

S. “State EMS Authority” means the board, office, or other agency with the legislative mandate to license EMS personnel.
16 Del. C. § 705 — Delaware Code / Title 16 / Chapter 7 / Subchapter I / Section 705
§ Â
        705. Emergency public health procedures.
Status: in_force

(a) When the procedures of § 704 of this title have been exhausted or cannot be satisfied as a result of threatened criminal behavior and 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 that such person presents an imminent danger to the public health, the Director may bring an action in the Justice of the Peace Court, seeking the following relief:

(1) An injunction prohibiting such person from engaging in or continuing to engage in specific conduct which endangers the public health;

(2) Other appropriate court orders including, but not limited to, an order to take such person into custody, for a period not to exceed 72 hours, and place such person in a facility designated or approved by the Director.

(b) A custody order issued pursuant to subsection (a) of this section for the purpose of counseling and testing to determine whether such person has an STD of a communicable nature shall provide for the immediate release from custody and from the facility of any person who tests negative and may provide for counseling or other appropriate measures to be imposed on any person who tests positive. The subject of the order shall be given notice of the order promptly, personally and confidentially, stating the grounds and provisions of the order and notifying such person that if that person refuses to comply with such order that person has a right to be present at a hearing to review the order and that such person may have an attorney appear on that person’s own behalf at the hearing. If such person contests testing or treatment, no invasive medical procedures shall be carried out prior to a hearing being held pursuant to subsection (c) of this section. Nothing in this section shall be construed to deny a person, as an exercise of religious freedom, the right to rely solely on spiritual means through prayer to prevent or cure disease, provided that the person complies with all control measures, other than treatment, imposed by the health authority or the department that are reasonable and necessary to prevent the introduction, transmission and spread of the disease.

(c) Any order issued by the Justice of the Peace Court pursuant to subsection (a) or (b) of this section shall be subject to review in a court hearing. Notice of the place, date and time of the court hearing shall be given promptly, personally and confidentially to the subject of the court order by the sheriff of the appropriate county or by special process server appointed by the Court. Such hearing shall be conducted by the Court no later than 48 hours after the issuance of the order. Such person has a right to be present at the hearing and may have an attorney appear on that person’s own behalf at the hearing. Upon conclusion of the hearing, the Court shall issue appropriate orders affirming, modifying or dismissing the order.

(d) The burden of proof shall be on the Director to show by clear and convincing evidence that grounds exist for the issuance of any court order pursuant to subsection (a), (b) or (c) of this section.

(e) Any hearing conducted by the Justice of the Peace Court pursuant to subsection (a), (b) or (c) of this section shall be closed and confidential, and any transcripts or records relating thereto shall also be confidential.

(f) Any order entered by the Justice of the Peace Court pursuant to subsection (a), (b) or (c) of this section shall impose terms and conditions no more restrictive than necessary to protect the public health.
16 Del. C. § 6704 — Delaware Code / Title 16 / Chapter 67 / Section 6704
§ Â
        6704. Duties.
Status: in_force

The duties of a fire police officer, subject to the supervision of the fire officer in charge, are to:

(1) Protect the contents of buildings and all other property affected by any fire or fire drill;

(2) Establish and maintain fire lines;

(3) Perform such traffic duties as are necessary;

(4) Wear a fire police badge, to be designed and authorized by the Delaware Volunteer Firefighter’s Association, on the left breast of the outermost garment while on duty.
16 Del. C. § 2207A — Delaware Code / Title 16 / Chapter 22A / Section 2207A
§ Â
        2207A. Records.
Status: in_force

(a) Records related to a resident maintained under this chapter are not public records as defined in Chapter 100 of Title 29.

(b) Records related to a certified recovery house, or the certifying organization maintained under this chapter, are not public records as defined in Chapter 100 of Title 29.
16 Del. C. § 1005 — Delaware Code / Title 16 / Chapter 10 / Subchapter I / Section 1005
§ Â
        1005. Issuance and renewal of license.
Status: in_force

(a) The Department shall grant an initial license for a period of up to 1 year to a new hospital that completes the application process, submits the nonrefundable application fee of $1,000 plus $2.00 per licensed inpatient bed and $500 for each emergency department not located on the hospital’s main campus, and demonstrates compliance with the requirements established under this chapter.

(b) The Department shall renew annually a hospital’s license, unless suspended or revoked, upon filing by the hospital, payment of an annual licensure fee of $750 plus $2.00 per licensed inpatient bed and $500 for each emergency department not located on the hospital’s main campus, and demonstration of its continued compliance with the requirements established under this chapter.

(c) The Department may grant a provisional license to a hospital which is not in substantial compliance with the requirements established under this chapter. A hospital which has been issued a provisional license shall resubmit the initial application fee for reinspection prior to the issuance of an annual license.

(d) The licensure fees collected by the Department pursuant to this section are hereby appropriated to, and shall be retained by, the Department to defray operating expenses associated with this chapter.
16 Del. C. § 928 — Delaware Code / Title 16 / Chapter 9 / Subchapter II / Section 928
§ Â
        928. Persons entered on the Registry between August 1, 1994, and February 1, 2003.
Status: in_force

(a) The Department shall review each case substantiated for abuse or neglect that was placed on the Central Registry (also known as the Central Child Abuse Registry, the Child Abuse Registry and the Central Abuse Registry) between August 1, 1994, and February 1, 2003, and designate each case to a Child Protection Level in accordance with the regulations developed pursuant to § 923 of this title.

(b) A person who has been entered on the Child Protection Registry for the time prescribed in the designated Child Protection Level for the person’s incident of abuse or neglect must be automatically removed from the Child Protection Registry, provided that the person has not been substantiated for an incident of abuse or neglect while on the Child Protection Registry. The Department shall notify the person of the removal.

(c) The Department shall notify a person who does not qualify for automatic removal from the Child Protection Registry of the Child Protection Level to which the person has been designated and of the consequences of designation to that level, including whether the person will be reported as substantiated for abuse or neglect in a Child Protection Registry check pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31.
16 Del. C. § 2528 — Delaware Code / Title 16 / Chapter 25 / Section 2528
§ Â
        2528. Uniformity of application and construction.
Status: in_force

In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
16 Del. C. § 6611 — Delaware Code / Title 16 / Chapter 66 / Subchapter I / Section 6611
§ Â
        6611. Court review of decision of State Fire Prevention Commission; procedure.
Status: in_force

(a) Any person jointly or severally aggrieved by any decision of the State Fire Prevention Commission made in the exercise of its appellate function under §§ 6609 and 6610 of this title, or in exercise of its authority decertifying, suspending or otherwise disciplining an emergency medical technician (EMT) under § 6712A of this title, or any officer, department, board or bureau of the State and the several counties, cities and political subdivisions thereof may appeal the final order of the State Fire Prevention Commission to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the party aggrieved by the decision. Upon such appeal the Superior Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.

(b) Costs shall not be allowed against the State Fire Prevention Commission unless it shall appear to the Superior Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
16 Del. C. § 9002 — Delaware Code / Title 16 / Chapter 90 / Section 9002
§ Â
        9002. Definitions.
Status: in_force

As used in this chapter, the following terms shall have the following meanings:

(1) “Board” shall mean the State Board of Health and any successor to the Board exercising the powers granted the Board by this chapter.

(2) “Eligible project” shall mean any health facility which has been approved by the Board pursuant to this chapter, or any refinancing of bonds or notes issued by the Delaware Health Facilities Authority for the benefit of a health facility.

(3) “Health facilities corporation” shall mean a nonprofit corporation organized and existing under the laws of the State for the purpose of owning and operating 1 or more health facilities.

(4) “Health facility” shall mean a facility, located in the State, owned and operated by a health facilities corporation, providing general medical, surgical and emergency treatment to the public.

(5) “Issuing officers” shall mean the Governor, the Secretary of State and the State Treasurer as defined in § 7401 of Title 29.

(6) “Subsidy contract” shall mean a contract by the State, approved by the issuing officers, providing a subsidy to a health facilities corporation.
16 Del. C. § 3501 — Delaware Code / Title 16 / Chapter 35 / Section 3501
§ Â
        3501. Supervision of canneries.
Status: in_force

This chapter, relating to the sanitation of factories or establishments within this State in which fruits, vegetables or by-products thereof are packed and preserved in tin or glass cans or jars or other containers to be sold as food, shall be implemented by and under the supervision of the Department of Health and Social Services.
16 Del. C. § 105 — Delaware Code / Title 16 / Chapter 1 / Subchapter I / Section 105
§ Â
        105. Authorization to receive federal funds; disposition.
Status: in_force

(a) The Department may apply for and receive funds made available to the Department by any agency or department of the federal government authorized to make grants-in-aid of any of the present or future health programs undertaken, maintained or proposed by the Department, namely, maternal and child health, aid to crippled children, venereal disease control, public health work under 42 U.S.C. § 246 and other health programs that may be developed.

(b) All moneys received from any federal agency or department, as provided in this section, shall be paid into the State Treasury and shall be for the use of the Department. The moneys so received shall be used solely for the purpose or purposes for which the grant or grants shall have been made and for no other purpose.
16 Del. C. § 3204 — Delaware Code / Title 16 / Chapter 32 / Section 3204
§ Â
        3204. Cancer registry.
Status: in_force

The Department shall adopt, promulgate, amend and repeal any rules and regulations that are consistent with law relative to this chapter and necessary to achieve the purpose and requirements of this chapter. These rules and regulations shall include provisions for:

(1) The establishment and maintenance of an up-to-date registry that shall document every occurrence of cancer and of benign tumor in this State;

(2) The establishment of a procedure for reporting to the Department, within 180 days of initial diagnosis or treatment, every occurrence of cancer and of benign tumor in this State. Such procedure shall include the reporting of specified information that the Department deems necessary and appropriate for the recognition, prevention, control or cure of cancer and benign tumors, and shall minimally include the reporting requirements of the National Cancer Data Base established by the American College of Surgeons, along with information regarding the patient’s length of residency in Delaware, primary residential address in Delaware and the location and nature of the patient’s primary past employment. Those required to report to the Department occurrences of cancer and benign tumors shall include:

a. Any physician, surgeon, dentist, podiatrist or other health-care practitioner who diagnoses or provides treatment for cancer or benign tumors;

b. The designated representative of any hospital, dispensary, asylum or other similar public or private institution that diagnoses or provides treatment for cancer or benign tumors; and

c. The designated representative of any laboratory that examines tissue specimens which disclose the existence of cancer or benign tumor;

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

(4) The establishment of a procedure to obtain follow-up information from those required to report occurrences of cancer and benign tumors pursuant to this chapter. Any follow-up information deemed necessary by the Department shall be submitted to the Department at least 1 time each year by those required to report occurrences of cancer and benign tumors.

This chapter and any rules or regulations issued pursuant to this chapter shall 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.
16 Del. C. § 9307 — Delaware Code / Title 16 / Chapter 93 / Section 9307
§ Â
        9307. Period of effectiveness of Certificate of Public Review.
Status: in_force

(a) A Certificate of Public Review shall be valid for 1 year from the date such approval was granted.

(b) At least 30 days prior to the expiration of the Certificate of Public Review, the applicant shall inform the Board in writing of the project’s status. The Board shall determine if sufficient progress has been made for the Certificate of Public Review to continue in effect. If sufficient progress has not been made, the applicant may request in writing, to the Board, that a 6-month extension be granted. The Board shall either allow the certificate to expire or grant such extension. A decision by the Board to deny an extension may be appealed pursuant to § 9305(8) of this title.
16 Del. C. § 1008 — Delaware Code / Title 16 / Chapter 10 / Subchapter I / Section 1008
§ Â
        1008. Injunction.
Status: in_force

Notwithstanding the existence or pursuit of any other remedy, the Department may, in the manner provided by law, maintain an action in the name of the State for injunction or other process against any person to restrain or prevent the construction, maintenance or operation of a hospital without a license.
16 Del. C. § 6711 — Delaware Code / Title 16 / Chapter 67 / Section 6711
§ Â
        6711. Establishment of operational standards.
Status: repealed

(a) Powers of the Commission. — (1) The Commission shall inspect equipment and supplies required of ambulances when it deems such inspection is necessary and shall maintain a record thereof. Upon determination, based upon an inspection, that required supplies or equipment fail to meet the requirements of this chapter or regulations adopted pursuant hereto, the Commission may suspend the permit for the ambulance concerned, until such requirements are met.

(2) Every ambulance shall be equipped with equipment and supplies specified by the Commission.

(3) [Repealed.]

(b) Emergency ambulance licensing and certification. — (1) The Commission shall carry out the licensing and certification activities assumed by the State under this chapter and perform all inspections required by this chapter, filing all records required by law. The Chairperson may issue a temporary certificate and/or permit with or without inspection when the chairperson finds that such will be in the public interest. A temporary certificate and/or permit shall be valid for a period not to exceed 90 days. All renewals must be authorized by the Commission.

(2) The Commission shall adopt regulations specifying operational standards for ambulances. Regulations so adopted shall also require that the interior of the ambulance and the equipment within the ambulance be sanitary and maintained in good working order and sufficient quantities at all times.

(3) Every ambulance, except those specifically excluded from the operation of this chapter, when operated on an emergency mission in this State shall be occupied by at least 1 person who possesses a valid ambulance attendant’s certificate from the Commission.

(4) [Repealed.]
16 Del. C. § 2729 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2729
§ Â
        2729. Organ and Tissue Donation Awareness Trust Fund.
Status: in_force

(a) There is hereby created a special fund in the State Treasury to be known as the Organ and Tissue Donor Awareness Trust Fund.

(b) Moneys deposited into the Fund and interest which accrues from those funds are hereby appropriated to the Organ and Tissue Donor Awareness Board as a continuing appropriation, to be distributed by the board in the manner provided in and for the purposes delineated in § 2730 of this title. Funds in the Organ and Tissue Donor Awareness Fund shall not lapse.
16 Del. C. § 6610 — Delaware Code / Title 16 / Chapter 66 / Subchapter I / Section 6610
§ Â
        6610. Appeals to the State Fire Prevention Commission â Powers upon appeals.
Status: in_force

Upon appeals the State Fire Prevention Commission shall have the following powers:

(1) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the State Fire Marshal, or the Marshal’s Deputy or Deputies, based on or made in the enforcement of this chapter;

(2) To hear and decide, in accordance with any duly adopted regulation, requests for special exceptions or for interpretation of regulations or for decisions upon other special questions upon which the State Fire Prevention Commission is required by any regulation to pass;

(3) To authorize a variance from particular provisions of the regulations duly promulgated under § 6604 of this title where strict compliance with such provisions would entail practical difficulties or unnecessary hardships, provided such relief may be granted without substantial detriment to the public safety and without substantially impairing the intent and purpose of the regulations promulgated under § 6604 of this title;

(4) All decisions, authorizations or interpretations made by the State Fire Prevention Commission hereunder shall be written and signed by the Chairperson or Vice-Chairperson and filed in the office of the State Fire Marshal, or the Marshal’s Deputy or Deputies, within 30 days following the appeal.
16 Del. C. § 221 — Delaware Code / Title 16 / Chapter 2 / Subchapter III / Section 221
§ Â
        221. Purpose.
Status: in_force

The intent of the General Assembly is to establish and maintain an autism surveillance system and registry for the State.

Responsibility for establishing and maintaining the system and registry is delegated to the Department of Health and Social Services, along with the authority to exercise certain powers to implement the system and registry. To ensure an accurate and continuing source of data concerning autism, the General Assembly by this subchapter requires certain health-care practitioners and all hospitals and clinical laboratories to make available to the Department of Health and Social services information contained in the medical records of patients who have a suspected or confirmed autism diagnosis. All confirmed autism shall be classified and coded using the medically recognized system of International Classification of Diseases, Ninth Revision, Clinical Modification (ICD-9-CM), as well as the 6-digit modified British Pediatric Association system (BPA/ICD-9), and all subsequent revisions to these publications which are used by the Centers for Disease Control and Prevention. It is intended that the product of these efforts will be a central data bank of accurate, precise and current information regarding all autism diagnosed or treated, or both, in this State.
16 Del. C. § 1197 — Delaware Code / Title 16 / Chapter 11 / Subchapter X / Section 1197
§ Â
        1197. Enforcement [For application of this section, see 84 Del. Laws, c. 327, Â 2].
Status: in_force

(a) A failure to meet the requirements defined in this subchapter are grounds for enforcement action under this chapter.

(b) The Department may impose additional staffing requirements on any assisted living facility due to unsatisfactory outcomes for residents receiving dementia care services in a secured memory care unit. Such determination is made at the sole discretion of the Department.
16 Del. C. § 2704 — Delaware Code / Title 16 / Chapter 27 / Subchapter I / Section 2704
§ Â
        2704. Disposition of remains [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

An approved institution that has received a dead body under this subchapter shall, on completion of the study of the body, deliver the body as then constituted to the medical examiner’s office of the county in which the approved institution is situated for “natural organic reduction,” as defined under § 3101 of this title, burial, or cremation. The approved institution shall pay the expenses of the “natural organic reduction,” as defined under § 3101 of this title, burial, or cremation, and of the preparation of the body therefor, at the rates provided by law or which are usual and customary in such cases. However, with the approval of the Inspector of Anatomy under § 2706 of this title, the approved institution may retain certain portions of said body for special research or teaching purposes.
16 Del. C. § 2404 — Delaware Code / Title 16 / Chapter 24 / Section 2404
§ Â
        2404. Relationship to OSHA standard.
Status: in_force

(a) Manufacturing employers and distributors that are regulated by and complying with the OSHA standard shall be exempt from this chapter except for §§ 2406(d), 2406(e), 2407(a), 2407(d), 2409 and 2415 of this title. Manufacturing employers and distributors shall be included under this chapter until the OSHA standard goes into effect.

(b) Nonmanufacturing employers that adopt and comply with the OSHA standard may be certified by the Secretary as in compliance with this chapter except for §§ 2406(d), 2406(e), 2407(a), 2407(d), 2409 and 2415 of this title.
16 Del. C. § 7207 — Delaware Code / Title 16 / Chapter 72 / Section 7207
§ Â
        7207. Nonapplicability to small containers.
Status: in_force

Nothing in this chapter shall apply to or shall be construed to affect a liquefied petroleum gas container having a total capacity of 30 pounds or less.
16 Del. C. § 98A-114 — Delaware Code / Title 16 / Chapter 98A / Section 98A-114
§ Â
        98A-114. Date of implementation of the Interstate Commission for EMS Personnel Practice and associated rules, withdrawal, and amendment.
Status: in_force

A. The Compact takes effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions that become effective at that time are limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to implement and administer the Compact.

B. Any state that joins the Compact after the Commission’s initial adoption of the rules is subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission has the full force and effect of law on the day the Compact becomes law in that state.

C. Any member state may withdraw from this Compact by enacting a statute repealing the statute.

1. A member state’s withdrawal shall not take effect until 6 months after enactment of the repealing statute.

2. Withdrawal does not affect the continuing requirement of the withdrawing state’s EMS authority to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.

D. Nothing contained in this Compact invalidates or prevents any EMS personnel licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.

E. The member states may amend the Compact. An amendment to this Compact is not effective and binding upon any member state until it is enacted into the laws of all member states.
16 Del. C. § 3001L — Delaware Code / Title 16 / Chapter 30L / Section 3001L
§ Â
        3001L. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Concussion Protection in Youth Athletic Activities Act.”
16 Del. C. § 9204 — Delaware Code / Title 16 / Chapter 92 / Section 9204
§ Â
        9204. Health Facilities Authority.
Status: in_force

(a) There is hereby created a body politic and corporate to be known as the “Delaware Health Facilities Authority,” hereinafter in this chapter called the Authority. Said Authority is constituted a public instrumentality and the exercise by the Authority of the powers conferred by this chapter shall be deemed and held to be the performance of an essential public function. Said Authority shall consist of 7 members to be appointed by the Governor, 1 of which shall be a resident of the City of Wilmington, 1 a resident of New Castle County, 1 a resident of Kent County, 1 a resident of Sussex County and 3 members at large, all of whom shall be residents of the State. No more than 4 shall be members of the same political party. At least 2 of the members shall be trustees, directors, officers or employees of a health care facility, at least 1 shall be a person having a favorable reputation for skill, knowledge and experience in the field of state and municipal finance, either as a partner, officer or employee of an investment banking firm which originates and purchases state and municipal securities, or as an officer or employee of an insurance company or bank whose duties relate to the purchase of state and municipal securities as an investment and to the management and control of a state and municipal securities portfolio and at least 1 shall be a person having a favorable reputation for skill, knowledge and experience in the building construction field. The terms of the members of the Authority first appointed shall be designated by the Governor to commence on June 1, 1976, and to expire, respectively, 1 on June 30 in each of the years 1977, 1978, 1979 and 1980 and 3 in the year 1981. A member of the Authority shall be eligible for reappointment and shall serve until such member’s successor shall have been appointed and accepted appointment. Upon the expiration of the term of any member the member’s successor shall be appointed for a term of 5 years. The Governor shall fill any vacancy for the remainder of the unexpired term. Any member of the Authority may be removed by the Governor for misfeasance, malfeasance or wilful neglect of duty or other cause after notice and a public hearing unless such notice and hearing shall be expressly waived in writing. Each member of the Authority, before entering upon the member’s duties, shall take an oath to administer the duties of the member’s office faithfully and impartially, and such oath shall be on file in the office of the Secretary of State. For the purposes of this section, a member’s residency, political affiliation, position or employment, skill, knowledge and experience in a specified area shall be determined as of the date of the initial appointment of such member.

(b) The Authority shall annually elect 1 of its members as chairperson and 1 as vice chairperson. It may appoint an executive director, assistant executive director, treasurer and secretary who need not be members of the Authority, who shall serve at the pleasure of the Authority. They shall receive such compensation as shall be fixed by the Authority.

(c) The person designated by resolution of the Authority shall keep a record of the proceedings of the Authority and shall be custodian of all books, documents and papers filed with the Authority, the minute book or journal of the Authority, and its official seal. Said person may cause copies to be made of all minutes and other records and documents of the Authority and may give certificates under the official seal of the Authority to the effect that such copies are true copies, and all persons dealing with the Authority may rely upon such certificates.

(d) Three members of the Authority shall constitute a quorum. The affirmative vote of a majority of the members present at a meeting of the Authority having a quorum present shall be necessary for any action taken by the Authority. A vacancy in the membership of the Authority shall not impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. Any action taken by the Authority under this chapter may be authorized by resolution at any regular or special meeting, and each such resolution shall take effect immediately and need not be published or posted.

(e) Before the issuance of any bonds or notes under this chapter, the chairperson, vice chairperson, executive director and assistant executive director and any other member of the Authority authorized by resolution of the Authority to handle funds or sign checks of the Authority shall execute a surety bond in the penal sum of $100,000, or in lieu thereof the chairperson shall obtain a blanket position bond covering the executive director and every member and other employee of the Authority in the penal sum of $100,000. Each such bond shall be conditioned upon the faithful performance of the duties of the principal or the members, executive director and other employees, as the case may be, shall be executed by a surety company authorized to transact business in the State as surety, shall be approved by the Attorney General and shall be filed in the office of the State Secretary. The cost of each such bond shall be paid by the Authority.

(f) The members of the Authority shall receive no compensation for the performance of their duties hereunder but each such member shall be paid that member’s necessary expenses incurred while engaged in the performance of such duties.

(g) Notwithstanding any other law to the contrary, it shall not be or constitute a conflict of interest for a trustee, director, officer or employee of a participating facility or for a person having the required favorable reputation for skill, knowledge and experience in state and municipal finance or for a person having the required favorable reputation for skill, knowledge and experience in the building construction field to serve as a member of the Authority; provided, in each case to which provisions thereof are applicable, such trustee, director, officer or employee of such participating facility abstains from discussion, deliberation, action and vote by the Authority in specific respect to any undertaking pursuant to this chapter in which such participating facility has an interest, or such person having the required favorable reputation for skill, knowledge and experience in state and municipal finance abstains from discussion, deliberation, action and vote by the Authority in specific respect to any sale, purchase or ownership of bonds of the Authority in which the investment banking firm or insurance company or bank of which such person is a partner, officer or employee has a past, current or future interest, or such person having the required favorable reputation for skill, knowledge and experience in the building construction field abstains from discussion, deliberation, action and vote by the Authority in specific respect to construction or acquisition of any project of the Authority in which any partnership, firm, joint venture, sole proprietorship or corporation of which such person is an owner, venturer, participant, partner, officer or employee who has a past, current or future interest.
16 Del. C. § 3324 — Delaware Code / Title 16 / Chapter 33 / Section 3324
§ Â
        3324. Penalties for violations of Ââ3323 of this title.
Status: in_force

(a) Whoever violates any of the provisions of § 3323 of this title shall, for each offense, be fined not more than $500, or imprisoned not more than 1 year, or both. For each subsequent offense, the violator shall be fined not more than $1,000 or imprisoned for more than 1 year, or both.

(b) When construing and enforcing § 3323 of this title, the act, admission or failure of any officer, agent or other person acting for or employed by any corporation, company, society or association, within the scope of employment or office, shall in every case be deemed to be the act, admission or failure of such corporation, company, society or association as well as of that person.
16 Del. C. § 8802 — Delaware Code / Title 16 / Chapter 88 / Section 8802
§ Â
        8802. Definitions.
Status: in_force

(a) “Common areas” mean those areas within a building which are normally accessible to all residents, including the corridors, and lounge or lobby areas, and areas which contain elements of fire hazards, such as boiler rooms or storage areas.

(b) “Dormitories” shall mean buildings or portions thereof containing rooms which are provided as residences for overnight sleeping for individuals and all residential occupancies for student housing owned by the schools, colleges or universities. This definition does not apply to residential occupancies used exclusively for staff or faculty residences.

(c) “Equipped throughout” means installed in the common areas as well as in the areas utilized for sleeping within a dormitory.
16 Del. C. § 312 — Delaware Code / Title 16 / Chapter 3 / Section 312
§ Â
        312. Removal of infected persons; taking possession of condemned premises.
Status: in_force

Any justice of the peace, on application under oath, showing cause therefore by a local board of health or any authorized member thereof shall issue a warrant, under the justice of the peace’s own hand, directed to the sheriff or any constable of the sheriff’s or constable’s own county requiring the sheriff or constable, under the direction of the local board, to remove any person or persons infected with contagious disease or to take possession of condemned houses or lodgings.
16 Del. C. § 8005 — Delaware Code / Title 16 / Chapter 80 / Section 8005
§ Â
        8005. Multi-family residential dwelling electric vehicle charging infrastructure requirements [Expires upon fulfillment of the contingency in 84 Del. Laws, c. 145, Â 2].
Status: in_force

(a) A developer of a multi-family residential dwelling shall install electric vehicle parking spaces as follows:

(1) At least 5% of the total parking spaces for the multi-family residential dwelling must be electric vehicle charging infrastructure parking spaces.

(2) In addition to the requirement under paragraph (a)(1) of this section, at least 10% of the total parking spaces for the multi-family residential dwelling must be electric vehicle capable parking spaces.

(b) The calculations under subsection (a) of this section for the required number of electric vehicle charging infrastructure parking spaces and electric vehicle capable parking spaces must be rounded up to the nearest whole number.

(c) The electric vehicle charging infrastructure parking spaces required under this section must, at a minimum, be served by a 30-amp charging unit.

(d) In addition to subsection (a) of this section, a developer of a multi-family residential dwelling shall provide at least 1 electric vehicle charging infrastructure parking space in an area available for use by all residents and available for use by all residents of the multi-family residential dwelling. The electric vehicle charging infrastructure parking space must be accessible by an individual with a disability.

(e) Construction documents must indicate the location of proposed electric vehicle charging infrastructure parking spaces and electric vehicle capable parking spaces. The construction documents, or other clear identification of the location of electric vehicle charging infrastructure parking spaces and electric vehicle capable parking spaces, must be available to the residents of the multi-family residential dwelling on request.

(f) Parking space dimensions must comply with the county or municipal building code applicable to the multi-family residential dwelling.
16 Del. C. § 902A — Delaware Code / Title 16 / Chapter 9 / Subchapter I / Section 902A
§ Â
        902A. Registration; procedure; notice.
Status: repealed

Repealed by 73 Del. Laws, c. 412, § 6, effective February 1, 2003.
16 Del. C. § 5402 — Delaware Code / Title 16 / Chapter 54 / Section 5402
§ Â
        5402. Duty of mental health services providers to take precautions against threatened patient violence; duty to warn.
Status: repealed

(a) A person may not bring a cause of action against a mental health services provider, institution, agency, or hospital, and legal liability may not be imposed, for the inability of a mental health services provider, institution, agency, or hospital to prevent harm to person or property caused by a patient unless both of the following are met:

(1) The patient has communicated to the mental health services provider, institution, agency, or hospital an explicit and imminent threat to kill or seriously injure a clearly identified victim, or to commit a specific violent act or to destroy property under circumstances which could easily lead to serious personal injury or death, and the patient has an apparent intent and ability to carry out the threat.

(2) The mental health services provider, institution, agency, or hospital fails to take the precautions specified in subsection (b) of this section in an attempt to prevent the threatened harm.

(b) Any duty owed by a mental health services provider, institution, agency, or hospital to take reasonable precautions to prevent harm threatened by a patient is discharged, as a matter of law, if the mental health services provider, institution, agency, or hospital, in a timely manner, does both of the following:

(1) Notifies a law-enforcement agency having jurisdiction where the potential victim resides, or notifies a law enforcement agency having jurisdiction where the patient resides, and communicates the threat of death or serious bodily injury to the clearly identified victim.

(2) Arranges for the patient’s immediate voluntary or involuntary hospitalization, in an inpatient or outpatient program.

(c) If a patient has explicitly threatened to cause serious harm to a person or property, or a mental health services provider, institution, agency, or hospital otherwise concludes that the patient is likely to do so or is dangerous to others or dangerous to self, as these terms are defined in § 5001 of this title, and the mental health services provider, institution, agency, or hospital, for the purpose of reducing the risk of harm, discloses any confidential communication made by or relating to the patient, a person may not bring cause of action, either criminal or civil, against the mental health services provider, institution, agency, or hospital for making such disclosure.

(d) [Repealed.]
16 Del. C. § 2505 — Delaware Code / Title 16 / Chapter 25 / Section 2505
§ Â
        2505. Notice of finding of lack of capacity; right to object.
Status: in_force

(a) As soon as reasonably feasible, an individual who makes a finding under § 2504(b) of this title shall inform the individual about whom the finding was made or the individual’s responsible health-care professional of the finding.

(b) As soon as reasonably feasible, a responsible health-care professional who is informed of a finding under § 2504(b) of this title shall inform the individual about whom the finding was made and the individual’s surrogate.

(c) An individual found under § 2504(b) of this title to lack capacity may object to the finding in any of the following ways:

(1) By orally informing a responsible health-care professional.

(2) In a record provided to a responsible health-care professional or the health-care institution in which the individual resides or is receiving care.

(3) By another act that clearly indicates the individual’s objection.

(d) If the individual objects under subsection (c) of this section, the finding under § 2504(b) of this title is not sufficient to rebut a presumption of capacity in § 2504(a) of this title and the individual must be treated as having capacity unless any of the following:

(1) The individual withdraws the objection.

(2) A court finds the individual lacks the presumed capacity.

(3) The individual is experiencing a health condition requiring a decision regarding health-care treatment to be made promptly to avoid imminent loss of life or serious harm to the health of the individual.

(4) Subject to subsection (e) of this section, the finding is confirmed by a second finding made by an individual authorized under § 2504(b)(1) of this title who satisfies all of the following:

a. Did not make the first finding.

b. Is not a family member of the individual who made the first finding.

c. Is not the cohabitant of the individual who made the first finding or a descendant of the cohabitant.

d. Section 2504(b)(2) through (b)(3) of this title.

(e) A second finding that the individual lacks capacity under paragraph (d)(4) of this section is not sufficient to rebut the presumption of capacity if the individual is requesting the provision or continuation of life-sustaining treatment and the finding is being used to make a decision to withhold or withdraw the treatment.

(f) As soon as reasonably feasible, a health-care professional who is informed of an objection under subsection (c) of this section shall do both of the following:

(1) Communicate the objection to a responsible health-care professional.

(2) Document the objection and the date of the objection in the individual’s medical record or communicate the objection and the date of the objection to an administrator with responsibility for medical records of the health-care institution providing health care to the individual, who shall document the objection and the date of the objection in the individual’s medical record.
16 Del. C. § 9506 — Delaware Code / Title 16 / Chapter 95 / Section 9506
§ Â
        9506. Violations.
Status: in_force

Any person who violates this chapter shall, upon conviction for such offense in a Justice of the Peace Court, be fined $100 for every such violation.
16 Del. C. § 6311 — Delaware Code / Title 16 / Chapter 63 / Section 6311
§ Â
        6311. Fee collection and management.
Status: repealed

(a) The fees herein authorized shall be assessed and collected annually based on information required to be submitted under § 6306 of this title covering the previous calendar year.

(b) The fees herein authorized shall be appropriated to the State Emergency Response Commission through the Department primarily for the purpose of funding the local emergency planning committees and data collection and management activities related to this chapter. At the discretion of the State Emergency Response Commission, these fees may also be used to fund emergency response vehicles (including their purchase, as well as maintenance and repairs) and related equipment and supplies; and physical examinations and medical screenings for volunteer fire service members of decontamination teams. For the purposes of this section, the words “emergency response vehicles” include but are not limited to vehicles such as decontamination units (both tow vehicle and trailer).

(c) The Department shall oversee the assessment and collection of the fees herein authorized. These fees shall be placed in a liquid, interest-bearing account to be selected by the Commission.

(d) Fee moneys obtained under this chapter shall remain available for the purposes of this chapter and shall not be subject to reversion.

(e) All local emergency planning committees and state agencies to be funded under this chapter shall submit to the State Emergency Response Commission for review and approval each year a budget worksheet for the next fiscal year.

(f) [Repealed.]
16 Del. C. § 2522 — Delaware Code / Title 16 / Chapter 25 / Section 2522
§ Â
        2522. Decision by guardian.
Status: in_force

(a) A guardian may refuse to comply with a provision of or revoke the individual’s advance health-care directive only if the court appointing the guardian issues an order expressly permitting the acts taken by the guardian.

(b) Unless a court orders otherwise, a health-care decision made by an agent appointed by an individual subject to guardianship prevails over a decision of the guardian appointed for the individual.
16 Del. C. § 4732 — Delaware Code / Title 16 / Chapter 47 / Subchapter III / Section 4732
§ Â
        4732. Registration requirements; exemptions; inspections.
Status: in_force

(a) Any pharmacy, distributor, manufacturer, practitioner, including a practitioner who holds a practice privilege, interstate compact license, an interstate telehealth registration, or a military registration, researcher or other controlled substance registrant who has or proposes to engage in activities accordingly within this State must obtain biennially a registration issued by the Secretary in accordance with the Secretary’s rules.

(b) Any pharmacy, distributor, manufacturer, researcher or other controlled substance registrant is limited to those substances to the extent authorized by their registration and in conformity with the other provisions of this subchapter.

(c) The following persons need not register and may lawfully possess controlled substances under this chapter:

(1) Any agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if the agent or employee is acting in the usual course of the agent’s or employee’s business or employment;

(2) A common or contract carrier or warehouseperson, or any employee thereof, whose possession of any controlled substance is in the usual course of business or employment; and

(3) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance.

(d) The Secretary may waive by rule the requirement for registration of certain manufacturers, distributors or dispensers if the Secretary finds it consistent with the public interest.

(e) A separate registration is required at each principal place of business or professional practice where the applicant, including other controlled substance registrants, manufactures, distributes, dispenses or conducts research with controlled substances.

(f) The Secretary or the Secretary’s representative may inspect the establishment of any registrant or applicant for registration in accordance with the Secretary’s rules.

(g) Every registrant under this chapter shall be required to report any change of professional or business address in such a manner as the Secretary may require by rule.

(h) As a condition of biennial renewal of registration, an applicant shall demonstrate, in such a form and by such evidence as the Secretary deems appropriate, that the applicant, if a licensed practitioner, as defined in this chapter, or such officer or employee of the applicant, if a corporation, partnership, or other business entity, as is required to be registered as an individual, has completed continuing professional education relating all of the following:

(1) The prescribing, distributing, dispensing or delivery of controlled substances, as defined in this chapter.

(2) The detection and recognition of symptoms, patterns of behavior, or other characteristics of impairment and dependency resulting from the abusive or illegal use of controlled substances.

(3) The risks of using opioids and effective alternatives to the use of opioids.

(4) Other topics as the Secretary deems appropriate.
16 Del. C. § 1004B — Delaware Code / Title 16 / Chapter 10B / Section 1004B
§ Â
        1004B. Meetings; quorum; officers; committees; procedure.
Status: in_force

(a) The Commission shall meet at least 4 times per year.

(b) The number of members who must be present at a commission meeting to have a quorum and conduct official business is the majority of the appointed members.

(c) The Secretary of the Department of Health and Social Services shall convene the initial commission meeting. At the initial meeting, the Commission shall elect a chair and vice-chair from among its members. Thereafter, the Commission shall elect a chair and vice-chair annually, in December.

(d) The commission chair shall convene, preside over, and prepare an agenda for each commission meeting. The vice-chair shall act as chair in the chair’s absence.

(e) The Commission shall adopt regulations establishing the rules of procedure governing its operations under Chapters 100 and 101 of Title 29. Regulations may not permit proxy voting.

(f) The Commission may establish committees to assist in planning, policy, goal, and priority recommendations, and developing implementation plans to achieve the Commission’s purpose. Each committee is composed of Commission members and other knowledgeable individuals, as the Commission deems appropriate.

(g) The Secretary of the Department of Health and Social Services shall provide reasonable and necessary staff support and materials for the Commission.
16 Del. C. § 7306 — Delaware Code / Title 16 / Chapter 73 / Section 7306
§ Â
        7306. Definitions.
Status: in_force

As used in this chapter:

(1) “1-K” or “K-1 kerosene” means kerosene that has been distilled from petroleum to meet the current specifications of A.S.T.M. (American Society for Testing of Materials) #D3699 (1978) for 1-K.

(2) “2-K” or “K-2 kerosene” means kerosene that has been distilled from petroleum to meet the current specifications of A.S.T.M. #D3699 (1978) for 2-K.

(3) “Approved” means acceptable to the authority having jurisdiction over the sale and use of portable oil-fueled heaters as hereinafter set forth.

(4) “Listed” means any portable oil-fueled heater which has been evaluated with respect to reasonably foreseeable hazards to life and property by any 1 of the following nationally recognized testing or inspection agencies: Underwriters Laboratories, Inc., Canadian Standards Association, Factory Mutual System, Applied Research Laboratories of Florida, Inc., Electrical Testing Laboratory and which has been authorized by the State Fire Prevention Commission as being reasonably safe for its specific purpose and shown in a list published by such agency and bears the mark, name or symbol of such agency as indication that it has been so authorized. Such evaluation shall include but not be limited to evaluation of the requirements hereinafter set forth. Similar evaluations by a nationally recognized testing or inspection agency other than the above mentioned which are approved by the State Fire Marshal may be listed as well.

(5) “Oil” means any liquid fuel with a flash point of greater than 100 degrees Fahrenheit, including but not limited to kerosene.

(6) “Portable oil-fueled heater” means any nonflue-connected, self-contained, self-supporting, oil-fueled, heating appliance equipped with an integral reservoir, designed to be carried from 1 location to another.

(7) “Structure” means any building or completed construction of any kind, including but not limited to, private dwellings or to any structure used for business, commercial or industrial purposes, but not including buildings under construction or buildings used solely for agricultural purposes.
16 Del. C. § 3128 — Delaware Code / Title 16 / Chapter 31 / Subchapter II / Section 3128
§ Â
        3128. Divorce or annulment registration for statistical purposes.
Status: in_force

(a) A record of each divorce or annulment granted by the Family Court in this State shall be filed by that court with the Office of Vital Statistics and shall be registered if it has been completed and filed in accordance with this section. The record shall be prepared by the petitioner or the petitioner’s legal representative on a form prescribed and furnished by the State Registrar and shall be presented to the Family Court with the petition. In all cases the completed record shall be a prerequisite to the granting of the final decree.

(b) The Family Court shall complete and forward to the Office of Vital Statistics on or before the fifteenth day of each calendar month the records of each divorce or annulment decree granted during the preceding calendar month.

(c) Records of divorce are collected by the Office of Vital Statistics for statistical purposes only. Certified copies of a divorce decree may be issued by Family Court in the county in which the decree was granted.
16 Del. C. § 3155 — Delaware Code / Title 16 / Chapter 31 / Subchapter III / Section 3155
§ Â
        3155. Permits for disinterment of bodies buried in Kent or Sussex County before January 1, 1893.
Status: in_force

The State Registrar of Vital Statistics through the central office or any of the county vital statistics offices, upon application to and the payment of the usual fee to any or either of them, shall issue a permit to any relative of any deceased person buried prior to January 1, 1893, and now remaining in private, family or old and neglected burying grounds in Sussex County and Kent County for the disinterment of the remains and the reinterment of the remains in public or private cemeteries or any other chosen or designated place in Kent County or Sussex County or without the State, the same as if the application had been made by a duly licensed undertaker. Upon obtaining the permit, the relative is vested with the same authority as a duly licensed undertaker in the disinterment and reinterment of the remains including the securing of vaults and providing for all other necessary arrangements in connection therewith.
16 Del. C. § 9213 — Delaware Code / Title 16 / Chapter 92 / Section 9213
§ Â
        9213. Credit of State not pledged.
Status: in_force

Bonds or notes issued under this chapter shall not be deemed to constitute a debt or liability of the State or of any political subdivisions thereof, other than the Authority, or a pledge of the faith and credit of the State or of any such political subdivision, other than the Authority, but shall be payable solely from the funds herein provided therefor. All such bonds or notes shall contain on the face thereof a statement to the effect that neither the State nor any political subdivision thereof other than the Authority shall be obligated to pay the same or the interest thereon except from revenues of the project or projects or the portion thereof for which they are issued and that neither the faith and credit nor the taxing power of the State or of any political subdivision thereof other than the Authority is pledged to the payment of the principal of or the interest on such bonds. The issuance of bonds under this chapter shall not directly or indirectly or contingently obligate the State or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for their payment. Nothing contained in this section shall prevent or be construed to prevent the Authority from pledging its full faith and credit or the full faith and credit of a participating facility to the payment of bonds or issue of bonds authorized pursuant to this chapter.
16 Del. C. § 3505 — Delaware Code / Title 16 / Chapter 35 / Section 3505
§ Â
        3505. Abstracts of regulations; furnishing and posting.
Status: in_force

The Department of Health and Social Services shall have prepared and printed abstracts of rules, regulations and requirements prescribed in §§ 3505 and 3506 of this title and shall furnish every person in this State affected by this chapter with a reasonable number of printed abstracts, and such printed abstracts shall be posted in at least 5 conspicuous places in each factory affected by this chapter and they shall be kept posted in plain view so that they can be easily read by the employees. If persons are employed who do not understand the English language, suitable translations, or so much of such rules, regulations and requirements as affect the employees, shall also be posted in languages with which they are familiar. Such translations shall be furnished by the Department of Health and Social Services upon application by the owner.
16 Del. C. § 7907 — Delaware Code / Title 16 / Chapter 79 / Section 7907
§ Â
        7907. Inspection and inspectors.
Status: in_force

(a) The Division of Public Health shall by rules and regulations also establish a system of inspection and supervision over all water and sewer systems, building and house drainage systems and ventilation of the same.

(b) The Division of Public Health shall appoint such inspectors as may be necessary, at such compensation as may be fixed by it, and shall make provision for payment of same.

(c) All plumping inspectors must be practical plumbers with at least 10 years’ experience and skilled and well trained in matters pertaining to plumbing and sanitation generally.

(d) All plumbing inspectors shall, as far as may be necessary for the performance of their duties and the maintenance of the health of the citizens of the State, have the right to enter any building or premises in the State. They shall have the right to inspect and order the removal of any plumbing fixture, soil, drain, waste, vent pipe or pipes, cesspools, septic tanks and privies when they, at the discretion of the inspectors, are deemed in an unsanitary condition.

(e) A $50 inspection fee per inspection shall be assessed when the Division of Public Health inspectors must conduct any inspection due to the permittee’s failure to comply with applicable regulations after 3 inspections. All revenue generated shall be retained by the Division of Public Health in order to defray costs associated with the plumbing inspection program.
16 Del. C. § 7408B — Delaware Code / Title 16 / Chapter 74B / Section 7408B
§ Â
        7408B. Jurisdiction.
Status: in_force

The Superior Court shall have jurisdiction over violations of this chapter.
16 Del. C. § 1302 — Delaware Code / Title 16 / Chapter 13 / Section 1302
§ Â
        1302. Maintenance of privy, hogpen or slaughterhouse near stream supplying drinking water; nuisance; abatement; penalty; jurisdiction.
Status: in_force

(a) No person shall put or place, or permit to be put, placed or used, any privy, hogpen or slaughterhouse over or so near that the excrement or offal therefrom shall escape or run into any stream of running water within the limits of this State from which the inhabitants of any town, borough or city are wholly or in part furnished with water as a drink or beverage.

(b) Whoever violates subsection (a) of this section shall be fined $100. The Court shall order the nuisance to be abated immediately.

(c) The Superior Court shall have exclusive jurisdiction of offenses under this section.
16 Del. C. § 6646 — Delaware Code / Title 16 / Chapter 66 / Subchapter VI / Section 6646
§ Â
        6646. Definitions.
Status: in_force

“Member” means a volunteer firefighter of a Delaware volunteer fire department, as certified by the Delaware State Fire Prevention Commission.
16 Del. C. § 9803 — Delaware Code / Title 16 / Chapter 98 / Section 9803
§ Â
        9803. Statewide paramedic system.
Status: in_force

(a) Except for those activities and responsibilities for basic life support and other emergency services which are under the jurisdiction of the State Fire Prevention Commission, the Office shall have jurisdiction over the development, implementation and maintenance of a statewide paramedic system. As part of its responsibilities, the Office shall:

(1) Hire an administrator and staff to carry out the intent of this legislation, which shall include identifying the minimum number of paramedics that are required to be hired by a county so as to achieve advanced life support coverage throughout the State;

(2) Advise in the development of standards for the selection of students to the didactic, clinical, and field training portion of paramedic advanced training.

(3) Assure reasonable conditions and qualifications for certification of any person serving as a paramedic that meets or exceeds the advance life support standard of the United States Department of Transportation;

(4) Assure that county boundaries do not become barriers to the effective and efficient deployment of paramedic units by coordinating the development of and approving service and/or training reciprocity agreements between counties;

(5) Approve or deny the request of a hospital to become designated as a medical command facility. Such approval, denial or subsequent revocation or limitation of such designation shall be based on the ability of the hospital to comply with the operational and staffing requirements prescribed for medical command facilities by the Division of Public Health. In making decisions pursuant to this paragraph, the Office shall seek the advice of the Board of Medical Licensure and Discipline;

(6) Assure that training and continuing education opportunities required for paramedic certification are reasonably accessible from a geographic standpoint.

(b) A “memorandum of agreement” shall be established between the Office of Emergency Medical Services, of the Division of Public Health, Delaware State Police, State Fire Prevention Commission, Board of Medical Licensure and Discipline and any other agency serving as a component to the emergency medical services system in compliance with their respective agency’s statutory provisions. To foster continuity and program coordination, the Office shall enforce each such memorandum of agreement.

(c) In order to provide statewide paramedic services, the counties shall provide the following minimum number of paramedic staff hours: 122,640 paramedic staff hours per year for New Castle County; 52,560 paramedic staff hours per year for Kent County; and 87,600 paramedic staff hours per year for Sussex County. The Secretary of the Department of Health and Social Services shall have the authority, subject to appropriation, to increase the minimum number of paramedic staff hours to ensure the efficient and effective operation of the statewide paramedic services program. At any time after enactment into law, following submission of an application by New Castle County subject to approval by the Secretary of the Department of Health and Social Services, the paramedic staff hours for New Castle County shall increase by 17,520 paramedic staff hours per year until January 1, 2001, at which time it shall increase by an additional 17,520 paramedic staff hours.

(d) Each operating paramedic unit should be continuously staffed by 2 paramedics. Notwithstanding this requirement, the Board of Medical Licensure and Discipline, following review and approval by the State EMS Medical Director and ALS Standards Committee, shall have the authority to grant approval to the county paramedic services to conduct pilot programs utilizing other staff configurations including but not limited to the number and type of staff on each operating ALS unit.
16 Del. C. § 4745 — Delaware Code / Title 16 / Chapter 47 / Subchapter III-A / Section 4745
§ Â
        4745. Seizure of unlawfully delivered prescription drugs.
Status: in_force

(a) Any prescription drug which is ordered, sold, dispensed or delivered in violation of this subchapter is hereby declared to be contraband and may be seized by any peace officer authorized to enforce the provisions of this subchapter.

(b) Any prescription drugs seized pursuant to this subchapter shall be subject to forfeiture pursuant to the provisions and procedures set forth in § 4784 of this title.
16 Del. C. § 8602 — Delaware Code / Title 16 / Chapter 86 / Section 8602
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        8602. Labeling required.
Status: in_force

(a) Each type of safety glazing material manufactured, distributed, imported or sold for use in hazardous locations or installed in such a location within the State shall be permanently labeled by such means as etching, sandblasting, firing of ceramic material on the safety glazing material or by other suitable means. The label shall identify the labeler, whether manufacturer, fabricator or installer, and the nominal thickness and the type of safety glazing material and the fact that said material meets the test requirements of the current American National Standard Institute Standard Z-97.1 and such further requirements as may be adopted by the building inspector of the county in which the construction is done. The label must be legible and visible after installation.

(b) Such safety glazing labeling shall not be used on other than safety glazing materials.
16 Del. C. § 9607A — Delaware Code / Title 16 / Chapter 96A / Section 9607A
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        9607A. Treatment of accounts.
Status: in_force

(a) Accounts established pursuant to this chapter or another state’s ABLE program shall not be included in determining asset eligibility of the designated beneficiary for state or local assistance programs.

(b) Unless prohibited by federal law, upon the death of a designated beneficiary, proceeds from an account may be transferred to the estate of a designated beneficiary, or to an account for another eligible individual specified by the designated beneficiary or the estate of the designated beneficiary.

(c) Upon the death of a designated beneficiary, no agency or instrumentality of the State shall seek payment under § 529A(f) of the Internal Revenue Code [26 U.S.C. § 529A(f)] from the account or its proceeds for benefits provided to a designated beneficiary.
16 Del. C. § 9909 — Delaware Code / Title 16 / Chapter 99 / Subchapter III / Section 9909
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        9909. Delaware Healthy Children Program.
Status: in_force

(a) The Delaware Health Care Commission shall develop a program to help Delaware children without access to health insurance to obtain health insurance at affordable cost to their families. The Program shall promote the important objectives of improving the health of uninsured Delaware children and reducing the cost-shifts to policyholders and hospitals caused by uncompensated care. Such program shall be called the Delaware Healthy Children Program (hereinafter in this section, the “Program” or “CHIP”).

(b) The Program shall be administered and implemented by the Department of Health and Social Services [DHSS].

(c) The Program shall operate within the limits of the appropriations made for such purpose in the annual appropriations act. To the extent that private charitable or foundation support is available to implement the Program, such appropriations may be used for a public-private partnership to implement the Program in compliance with of this section.

(d) The Program shall be designed to provide the ability to purchase insurance at a reasonable cost to uninsured Delaware children without access to affordable health insurance through their parents’/guardians’ employers. The Program shall offer a managed care product that may require participants to pay regular premiums and may require participants to pay co-payments, and shall be designed to create incentives for participants to use health services in a prudent and responsible fashion. The Program shall also be designed to minimize the ability of private employers who provide health insurance coverage for their employees to eliminate such coverage, and, to the extent practicable, provide incentives for employers who provide no health insurance coverage for their employees to begin to provide such coverage.

(e) The Program shall offer to children health insurance which emphasizes the prudent and responsible use of preventive services so as to improve the health of participants, promote the early detection of serious health problems such as cancer and to help reduce the need for more expensive care by addressing health problems which can be treated more inexpensively if identified in a timely manner. To this end, the health insurance plan offered by the Program shall offer participants the ability to obtain regular preventative health care in accordance with accepted medical guidelines.

(f) The Program shall be designed to integrate with other state health initiatives to ensure that state resources are used efficiently to extend health insurance access and not to duplicate services available through other state programs, including, but not limited to, the State’s Medicaid program, particularly the primary care managed care plan known as the Diamond State Health Plan, the School-Based Health Center program, and the public-private children’s health access initiative involving the Nemours Foundation. To the extent practicable, the Program shall be administered by the State Medicaid Office and the health insurance plan offered to participants shall be designed to operate in tandem with the Diamond State Health Plan so as to maximize service to participants, contain costs through coordinated purchasing and contracting and minimize administrative costs.

(g) The DHSS is authorized to promulgate rules and regulations and take such other actions as are necessary to implement this section and to secure federal funding to support the Program, including any actions necessary to comply with the Federal Child Health Assistance Act, Title XXI of the federal Social Security Act [42 U.S.C. § 1397aa et seq.]

(h) The Program shall be designed with the intent that program coverage could be extended to low-income uninsured adult Delawareans in the future if sufficient resources are appropriated for such purpose.

(i) The Program shall be designed with the intent that program coverage could be extended to families with incomes above 200% of the Federal poverty level.

(j) (1) The provision of health-care insurance under CHIP shall be extended to eligible children under the age of 19 whose families have personal incomes above 200% of the Federal Poverty Level (FPL), as determined pursuant to 42 U.S.C. § 1397jj(c)(5).

(2) For an eligible child whose family income is greater than 200% of the FPL, the family may purchase a healthcare benefit package, determined by DHSS and subject to any necessary approval under federal law, that provides benefits identical to those provided to an eligible child covered under this section.

(3) To be eligible for coverage under CHIP where family income is greater than 200% of the FPL, a child over 2 years of age must have been uninsured for a continuous period of not less than 3 consecutive months immediately preceding enrollment in CHIP unless:

a. The child’s parent is eligible to receive benefits pursuant to the State’s unemployment compensation laws, as set forth in Title 19;

b. The child’s parent was covered by a health insurance plan, a self-insurance plan or a self-funded plan and involuntarily lost coverage; or

c. A child is transferring from 1 government-subsidized health-care program to another.

(4) DHSS shall have the authority to establish and adjust the levels of co-payments, premiums, and deductibles for children enrolled under this subsection for the purpose of ensuring that the state cost of the plan does not exceed funds specifically appropriated for purposes of this subsection.

(k) The program shall be designed such that program coverage shall include the provision of dental services to children enrolled in the program.

(l) By September 1 of each calendar year beginning in 2008, DHSS shall develop a form and instructions for school districts to use in communicating to DHSS the information regarding free and reduced price meal eligibility whose submission is required by § 4134 of Title 14. Said form and instructions shall be communicated by October 1 of each calendar year to each school district.

(m) By January 1 of each calendar year beginning in 2009, DHSS shall communicate in writing with the family of each child who may be eligible for the CHIP or Medicaid programs based upon information submitted by the school districts pursuant to § 4134 of Title 14. Said communication shall inform the family that its children may be eligible for free or reduced price health insurance based upon income information received from the school district, and provide information to the family for applying for the CHIP and Medicaid programs. The form provided to families notified pursuant to this subsection shall allow DHSS to calculate how many families have enrolled in the CHIP or Medicaid programs as a result of such notification, and the Department of Insurance shall reimburse DHSS for any administrative costs incurred as a result of such additional enrollments. No funds transferred pursuant to this subsection shall be used to fund insurance benefits for the CHIP or Medicaid programs.

(n) Only persons authorized to carry out initial processing of Medicaid or CHIP applications or make eligibility determinations with respect to Medicaid or CHIP applicants may review information received from the school districts pursuant to § 4134 of Title 14.

(o) Prior to August 1, 2008, DHSS shall enter into written agreements with each of the school districts meeting the requirements of § 4134(e) of Title 14.

(p) “School district” as used in this section shall have the meaning assigned to it in § 4134(g) of Title 14.

(q) DHSS shall cooperate with the school districts and the Insurance Commissioner in developing the written materials required by subsections (l) and (o) of this section. DHSS shall cooperate with the Insurance Commissioner in developing the written materials required by subsection (m) of this section.
16 Del. C. § 9312 — Delaware Code / Title 16 / Chapter 93 / Section 9312
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        9312. Charity care [Transferred].
Status: in_force

Transferred to § 9311 of this title by 77 Del. Laws, c. 132, § 2, effective July 8, 2009.
16 Del. C. § 5138 — Delaware Code / Title 16 / Chapter 51 / Subchapter II-A / Section 5138
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        5138. Criminal background checks.
Status: in_force

(a) The Department shall not hire or employ an applicant for any position at the Delaware Psychiatric Center without first obtaining a report of the person’s criminal history.

(b) The Department shall promulgate regulations establishing the criteria for unsuitability for employment, including the types of criminal convictions which shall automatically disqualify a person from working at the Delaware Psychiatric Center and, as to other criminal convictions, the criteria for determining whether a particular individual is unsuitable for employment at the Delaware Psychiatric Center.

(c) Conditional hire. — The requirements of subsection (a) of this section may be suspended for 60 days if the employer wishes to employ the applicant on a conditional basis. 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. No criminal history will be issued 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.

(d) The Department shall immediately terminate the employment any Delaware Psychiatric Center employee who is, or has been, convicted of any disqualifying crime upon notification of such conviction.

(e) The criminal history information provided to the employer, is strictly confidential. It may be used solely to determine the suitability of an applicant for employment or continued employment at the Delaware Psychiatric Center.

(f) Before an applicant is permitted to be employed at the Delaware Psychiatric Center, the applicant must, upon request:

(1) Provide accurate information sufficient to get a criminal history;

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

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

(h) All grandfathered employees must be fingerprinted by the SBI within 120 days from the date of BCC (see § 7972(a) of Title 29) implementation. SBI:

(1) Shall use the fingerprints to establish the grandfathered employee’s identity and to assign an SBI identification number for the sole purpose of enabling the person’s criminal record to be monitored for new arrests while the grandfathered employee continues to work at a long-term care facility, as defined in § 1102 of this title.

(2) Shall not run a state or federal background check of the grandfathered employee, unless the grandfathered employee is also an applicant as defined in § 5137(b) of this title above;

(3) Shall comply with § 1911 of Title 11.
16 Del. C. § 1905 — Delaware Code / Title 16 / Chapter 19 / Section 1905
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        1905. Obstructions and interferences.
Status: in_force

Whoever obstructs or interferes with the entry of the Department or its employees upon land or who obstructs or interferes with, molests or damages any of the work performed by it is guilty of a misdemeanor.