16 Del. C. § 2615 — Delaware Code / Title 16 / Chapter 26 / Section 2615
§ Â
        2615. Universal reporting system requirement.
Status: in_force

The universal reporting system established under § 2602 of this title must require that a child’s health-care provider provide to the Division of Public Health the lead level found in the blood of each child who is screened or tested.
16 Del. C. § 6622 — Delaware Code / Title 16 / Chapter 66 / Subchapter III / Section 6622
§ Â
        6622. Buildings and equipment.
Status: in_force

The State Fire Prevention Commission shall have the power to prescribe and shall make the necessary rules and regulations for the use of the buildings, equipment and other facilities of the institution when they are not in use for the purpose set forth.
16 Del. C. § 901 — Delaware Code / Title 16 / Chapter 9 / Subchapter I / Section 901
§ Â
        901. Purpose.
Status: in_force

The child welfare policy of this State serves to advance the best interests and secure the safety of the child, while preserving the family unit whenever the safety of the child is not jeopardized. The child welfare policy of this State extends to all child victims, whether victims of intrafamilial or extrafamilial child abuse, neglect, or human trafficking. To that end this chapter, among other things, does all of the following:

(1) Provides for comprehensive, multidisciplinary investigative and protective services for abused and neglected children and children who are victims of suspected human trafficking.

(2) Mandates that reports of child abuse, neglect, or suspected human trafficking be made to the appropriate authorities.

(3) Requires various agencies in Delaware’s child protection system to work together to ensure the safety of children who are the subject of reports of abuse, neglect, or suspected human trafficking by conducting coordinated multidisciplinary investigations where required, judicial proceedings and family assessments, and by providing necessary services.

(4) Provides for the protection of children in facilities or organizations primarily concerned with child welfare and care that are required to be licensed under Delaware law by requiring the Delaware Department of Justice to notify any such facility where an employee of, or other person associated with, the facility has been charged with or convicted of an offense involving child sexual abuse, exploitation, or human trafficking.
16 Del. C. § 5154 — Delaware Code / Title 16 / Chapter 51 / Subchapter IV / Section 5154
§ Â
        5154. Liability for cost of maintenance and care.
Status: in_force

The expenses of the removal of an adult with a criminally mental condition or a criminally inclined juvenile and of the adult’s or juvenile’s admission to a hospital under this subchapter, and the charges and expense for the maintenance and care at such hospital shall be paid by the institution which had charge of such case. Where such persons are committed by the proper courts otherwise than from an institution of the State, the State Treasurer shall pay such hospital for such removal, admission, maintenance and care. If any such adult with a criminally mental condition or criminally inclined juvenile has any real or personal estate, the Department of Health and Social Services or the Department of Services for Children, Youth and Their Families shall have, for the expenses and charges incurred, the same remedy as is provided in § 5019 of this title.
16 Del. C. § 1804 — Delaware Code / Title 16 / Chapter 18 / Section 1804
§ Â
        1804. Allocation of funds.
Status: in_force

The Division of Public Health of the Department of Health and Social Services is hereby empowered to administer this chapter and allocate and disburse funds to qualified agencies which make proper application for such funds. Application forms shall be furnished by the Division, and the Division Director, with the approval of the Secretary of the Department, may set rules and regulations to govern the applications and aid the payment process.
16 Del. C. § 5172 — Delaware Code / Title 16 / Chapter 51 / Subchapter VI / Section 5172
§ Â
        5172. Rules and regulations.
Status: in_force

(a) Prior to the participation of any patient in pharmaceutical research, the Department shall adopt rules and regulations governing such research. Such rules and regulations shall conform to the requirements of the Food and Drug Administration and to this chapter. In the course of promulgating such rules and regulations, the Department shall request the assistance of the Food and Drug Administration and the State Police Drug Diversion Unit and shall hold at least 1 public hearing. The Department shall review the rules and regulations pertaining to pharmaceutical research annually.

(b) Department rules and regulations governing pharmaceutical research shall include, but not be limited to, the following provisions:

(1) No patient should be approached to participate in a pharmaceutical research program where the most recent certification by a psychiatrist indicates that the patient is incapable of voluntary consent to care or treatment, is unable to make responsible decisions regarding hospitalization or is mentally incompetent to waive legal rights. Patients who show marked improvement should be reevaluated only by psychiatrists who will receive no financial benefit from the research as to whether the patient is now fully competent before being approached about participation in research.

(2) Diagnosis of a patient’s condition prior to the patient’s participation in pharmaceutical research shall be done only by psychiatrist or psychiatrists who will receive no financial benefit from the research.

(3) Prior to the inclusion of a patient on a research project, examining psychiatrist or psychiatrists shall consider whether the patient would respond to accepted pharmaceutical or other therapies.

(4) To ensure that patients retain their capacity to freely consent to participate in research, patients shall be monitored by psychiatrists who will receive no financial benefit from the research.

(5) If any patient participating in a research project shall be found not to be mentally ill, the patient shall be removed from the research immediately.

(c) Any indemnification agreement which purports to bind the hospital shall be approved by a deputy attorney general representing the Department and by the Department before signature by the research psychiatrist.

(d) The use of state time shall be adequately documented so that research compensated by private companies is properly segregated from that time.
16 Del. C. § 108 — Delaware Code / Title 16 / Chapter 1 / Subchapter I / Section 108
§ Â
        108. Jurisdiction of offenses; justices of the peace.
Status: in_force

Justices of the peace shall have jurisdiction of offenses under this part and Part II of this title, except in cases where exclusive jurisdiction of any such offense is expressly vested in another court.
16 Del. C. § 7110 — Delaware Code / Title 16 / Chapter 71 / Section 7110
§ Â
        7110. Safety.
Status: in_force

The issuing authorities are authorized to issue such safety regulations as are deemed by the issuing authorities to be necessary in their respective jurisdictions.
16 Del. C. § 6823 — Delaware Code / Title 16 / Chapter 68 / Subchapter III / Section 6823
§ Â
        6823. Immunity of a nonprofit organization from liability.
Status: in_force

A nonprofit organization that, in good faith, accepts donated food for ultimate distribution without charge is not liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated food, unless an injury or death is caused by the gross negligence, recklessness, or intentional misconduct of the nonprofit organization.
16 Del. C. § 4911A — Delaware Code / Title 16 / Chapter 49A / Section 4911A
§ Â
        4911A. Registry identification cards [For application of this section, see 82 Del. Laws, c. 246, Â 5].
Status: repealed

(a) Registry identification cards must contain all of the following:

(1) The name of the cardholder.

(2) A designation of whether the cardholder is a designated caregiver or qualifying patient.

(3) That the registered cardholder is 1 of the following:

a. A qualifying adult patient.

b. A designated caregiver for a qualifying adult patient.

c. A designated caregiver for a pediatric patient.

d.-h. [Repealed.]

(4) The date of issuance and either of the following:

a. The expiration date of the registry identification card.

b. If the written certification states that the qualifying patient’s medical condition is a terminal illness, a statement that the registry identification card has an indefinite expiration date.

(5) A random 10-digit alphanumeric identification number, that is unique to the cardholder.

(6) If the cardholder is a designated caregiver, the random 10-digit alphanumeric identification number of the qualifying patient the designated caregiver is receiving the registry identification card to assist.

(b) (1) Except as provided in this subsection, the expiration date of a registry identification card is 1 year after the date of issuance.

(2) If the health-care practitioner stated in the written certification that the qualifying patient would benefit from marijuana until a specified earlier date, then the registry identification card expires on that date.

(3) [Repealed].

(4) If the written certification states that the qualifying patient’s medical condition is a terminal illness, the expiration date of a registry identification card is indefinite.

(5) The Department may issue a registry identification card to a qualifying patient or caregiver with an expiration date of 2 or 3 years after the date of issuance upon payment of a fee to be established by regulation under § 4923A of this title.

(c) The Commissioner may, at its discretion, electronically store in the card all of the information listed in subsection (a) of this section, along with the address and date of birth of the cardholder, to allow it to be read by law-enforcement agents.
16 Del. C. § 226 — Delaware Code / Title 16 / Chapter 2 / Subchapter III / Section 226
§ Â
        226. Violations.
Status: in_force

Any person or entity who is required to report the diagnosis or treatment, or both, of autism in any child and who violates any provision of this subchapter shall be fined up to $100 for each violation. Justices of the Peace Courts shall have jurisdiction of any offense under this subchapter.
16 Del. C. § 2508A — Delaware Code / Title 16 / Chapter 25A / Section 2508A
§ Â
        2508A. Obligation to treat.
Status: in_force

A health-care practitioner, health-care provider, health-care institution, or emergency-care provider shall treat a patient who has a completed DMOST form in accordance with the directions and options indicated in such DMOST form, except as otherwise provided in this chapter.
16 Del. C. § 304 — Delaware Code / Title 16 / Chapter 3 / Section 304
§ Â
        304. Public laundries and washhouses; supervision, inspection and regulation; violations and penalties.
Status: in_force

(a) The local boards of health of the respective towns and cities of this State (where such towns and cities have local boards of health) shall supervise all public laundries and public washhouses within such towns and cities and shall not permit the employment by any public laundry or public washhouse of any person suffering with an infectious or contagious disease. The local board shall not allow any person to sleep in such public laundry or public washhouse, or in any room adjoining and opening into such public laundry or public washhouse. Every room in such laundry or washhouse that is used for the purpose of washing or drying clothes shall be properly ventilated and drained and shall be used for no purposes other than those specified. The floors of all rooms in public laundries or public washhouses used for the purpose of washing clothes, shall be made of cement or other mineral substance, and shall be so arranged as to be easily drained.

(b) The local board of any town or city within the State shall upon request of any citizen in such town or city inspect or cause to be inspected any public laundry or public washhouse, and if the same is found in an unsanitary condition shall direct the owner thereof to make the same in a sanitary condition. Upon the owner’s failure to do so, the local board shall cause the place to be closed and shall post a notice upon the front door thereof and the place shall not be reopened until the owner or manager thereof receives a certificate from the local board certifying that the place has been put in a sanitary condition.

(c) A public laundry or public washhouse within the meaning of this section shall be any place within any town or city of this State now or hereafter required by the laws of the State to be licensed for the conduct of its business or any branch thereof. Nothing in this section shall apply to the laundering or washing of clothes in any private residence or hotel.

(d) Whoever violates this section shall for each offense be fined not less than $50 nor more than $100. Every day during which such violation shall be persisted in after notice from the local board in any town or city of the State shall constitute a separate offense.
16 Del. C. § 3004J — Delaware Code / Title 16 / Chapter 30J / Section 3004J
§ Â
        3004J. Training of a lay caregiver.
Status: in_force

(a) As soon as practical, a hospital shall attempt to interface with the lay caregiver to prepare the lay caregiver to provide aftercare.

(b) The hospital shall record in the patient’s electronic health record maintained by the hospital or in the patient’s electronic health record contained in the Delaware Health Information Network that it attempted to or did interface with the lay caregiver.

(c) If the hospital interfaces with the lay caregiver, the hospital shall provide an opportunity for the lay caregiver to ask questions and receive answers about the aftercare described to the lay caregiver.

(d) A hospital shall, with the consent of the patient or the patient’s agent, provide the lay caregiver with a discharge plan for the patient that describes the patient’s aftercare needs.

(e) (1) A discharge plan may include all of the following:

a. Competent training on how to provide aftercare.

b. Medication management guidelines.

c. Aftercare guidelines.

d. Identification of the aftercare tasks that a discharging health-care professional specifies.

(2) A discharge plan must do all of the following:

a. Reflect the active engagement of a patient, a patient’s agent, or lay caregiver in the discharge planning process and incorporate the goals and preferences of a patient or a patient’s agent as much as possible.

b. Educate the lay caregiver in a manner that is consistent with current accepted practices and based on an assessment of the lay caregiver’s learning needs.

(f) Training of a lay caregiver may not interfere with, delay, or otherwise affect an appropriate discharge or transfer of the patient.

(g) No hospital, hospital employee, an individual with whom a hospital has a contractual relationship, or an authorized agent of the hospital shall be liable for the death of a patient or injury to a patient caused by an act or an omission of a lay caregiver, unless the patient’s death or injury was also caused in part or solely by the medical negligence of the hospital, hospital employee, the individual with whom a hospital has a contractual relationship, or the authorized agent of the hospital.

(h) When training the lay caregiver under this chapter or any regulation promulgated pursuant to § 3006J of this title, a hospital, hospital employee, an individual with whom a hospital has a contractual relationship, or an authorized agent of the hospital, shall provide the lay caregiver instructions and training that a person of ordinary intelligence and awareness in a position similar to that of the lay caregiver could reasonably be expected to appreciate and comprehend. In any action for health-care negligence or a violation of a regulation promulgated pursuant to § 3006J of this title, based upon a claim of a failure to adequately train or instruct a lay caregiver, in addition to other defenses provided by law, it shall be a defense that the lay caregiver was given instructions and training in accordance with this chapter or a regulation promulgated pursuant to § 3006J of this title.
16 Del. C. § 1417 — Delaware Code / Title 16 / Chapter 14 / Section 1417
§ Â
        1417. Revenue refunding bonds; single issues of revenue bonds; applicability thereto of other provisions of this chapter.
Status: in_force

Each authority created hereunder may provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds outstanding and issued under this chapter. Each such authority may further provide by resolution for the issuance of a single issue of revenue bonds of the authority for the combined purposes of:

(1) Paying the cost of any project, or the improvement, extension, addition or reconstruction thereof; and

(2) Refunding revenue bonds of the authority which shall theretofore have been issued under this chapter and shall then be outstanding and which shall then have matured or be subject to redemption or can be acquired for retirement.

The issuance of such bonds, the maturities and other details thereof, the rights and remedies of the holders thereof, and the rights, powers, privileges, duties and obligations of the authority with respect to the same, shall be governed by the foregoing provisions of this chapter insofar as the same may be applicable.
16 Del. C. § 7303 — Delaware Code / Title 16 / Chapter 73 / Section 7303
§ Â
        7303. Report of test failures to Attorney General.
Status: in_force

(a) The State Chemist, when a tested sample of kerosene, headlight or other oil for illuminating purposes produced from petroleum is found to be of a fire test less than that required by the provisions of § 7301 of this title, shall report the fact to the Attorney General giving the name of the owner or owners of the oil in any reservoir, tank, barrel, can or other receptacle from which the tested sample was taken together with a certificate showing the result of such fire test.

(b) The Attorney General, upon receipt of the report and certificates from the State Chemist, shall proceed in a court of competent jurisdiction against the owner or owners of the kerosene, headlight or other oil for illuminating purposes produced from petroleum from which the tested sample was taken, if such owner or owners be individuals and against the officers thereof if the owner of such oil be a domestic corporation and against the resident agent in this State if the owner of such oil be a foreign corporation or nonresident individual or copartnership.
16 Del. C. § 3001K — Delaware Code / Title 16 / Chapter 30K / Section 3001K
§ Â
        3001K. Definitions.
Status: in_force

As used in this chapter:

(1) “Department” means the Department of Natural Resources and Environmental Control.

(2) “Public lands” includes federal, state, county, municipal, or other government-owned lands.

(3) “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control.
16 Del. C. § 3003R — Delaware Code / Title 16 / Chapter 30R / Section 3003R
§ Â
        3003R. PFAS reporting and notification.
Status: in_force

(a) The Division shall develop and maintain a user-friendly website that the public may access to find the level of PFAS in each public drinking water system in this State. The website must meet all of the following requirements:

(1) Be accessible using a prominently-displayed link on the home page of the Office of Drinking Water’s website.

(2) Include a chart or a link to a chart showing the MCL thresholds so that users can see how their public drinking water system’s PFAS levels compare to the MCLs.

(3) Include PFAS levels for every public drinking water system, to the extent that such information is available to the Division. Where PFAS levels are not available to the Division, the website must indicate the approximate date on which PFAS levels will be available online and must post the PFAS levels online as soon as they are available.

(b) If, while monitoring PFAS for purposes of compliance with this chapter, the Division finds PFAS in a public drinking water system that exceed the MCLs, the Division must promptly notify the water utility company in charge of the affected public drinking water system.

(c) Upon receiving notification from the Division that a PFAS MCL has been exceeded in a public drinking water system, the water utility company that operates that public drinking water system must provide prompt notice of the excess PFAS levels to all Delaware residents who receive water from that system.

(d) The notice under subsection (c) of this section must meet all of the following requirements:

(1) Be sent through the U.S. Postal Service to the address at which the resident is receiving the water from the public drinking water system.

(2) Include a brochure that the Division shall develop that explains PFAS and includes a chart showing the MCLs.

(3) Inform the resident that PFAS in excess of the MCLs have been detected in the resident’s water supply.

(4) Provide the exact level of each PFAS chemical that exceeds the MCLs.
16 Del. C. § 2724 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2724
§ Â
        2724. Organ donation designation on driverâs license or identification card.
Status: in_force

Beginning as soon as practicable but no later than July 1, 1998, the Delaware Division of Motor Vehicles shall modify the driver’s license and identification card application process and renewal system to obtain information regarding an individual’s consent to anatomical donation, including a process to allow persons under age 18 to register as donors with parental consent as defined in § 2711(b) of this title. The following question shall be asked:

Do you wish to have the organ donor designation printed on your driver’s license?

Only an affirmative response of an individual shall be noted on the front of the driver’s license or identification card with the word “Organ Donor” or a symbol indicating the donor designation and recorded in the Donate Life Delaware Registry. The Department shall record and store all donor designations in the Donate Life Delaware Registry, regardless of whether a driver’s license or identification card is issued. The OPO shall be given access to the foregoing donor information 24 hours a day through the Division of Motor Vehicles computer database. Notwithstanding the Driver’s Privacy Protection Act, § 305 of Title 21, the Division of Motor Vehicles is authorized to provide the OPO with the foregoing donor information. The OPO shall not be assessed a fee or other charges for such access. The donor designation on the driver’s license or identification card or inclusion in the Donate Life Delaware Registry shall be deemed sufficient to satisfy all requirements for consent to organ and tissue donation.
16 Del. C. § 7405 — Delaware Code / Title 16 / Chapter 74 / Section 7405
§ Â
        7405. Rules and regulations; adoption; notice; hearing.
Status: in_force

(a) The Authority shall adopt rules and regulations as may be necessary for the control of sources of ionizing radiation. Prior to adoption of any rule or regulation, the Authority shall publish or otherwise circulate notice of its intended action and afford interested parties an opportunity, at a public hearing, to submit data and views orally or in writing. Such rules and regulations may provide, subject to subsection (c) of this section, for the establishment of fees by the Authority to fund the issuance of licenses, certifications or registrations, and other activities deemed appropriate to meet the requirements of this statute. No code, rule, regulation or amendment or repeal thereof shall be effective until 60 days after adoption thereof.

(b) Any fee established by the Authority shall not be effective until enacted into law by an act of the General Assembly.

(c) Fees are established for issuance of annual registration permits to radiation machine facilities located within the State, according to the fee schedule below, with appropriated revenue to be used for fee-supported program enhancements, consistent with state budgetary procedures.

Category I: Facilities with a total of 5 or more of the medical modalities or nonmedical modalities listed below: $1370.

Category II: Facilities with a total of 3 or 4 of the medical modalities or nonmedical modalities listed below: $1030.

Category III: Facilities with 2 of the medical modalities listed below: $690.

Category IV: Facilities with 1 of the medical modalities listed below, and an annual patient workload of 750 examinations or more: $275.

Category V: Facilities with 1 of the medical modalities listed below, and an annual patient workload of less than 750 examinations, and all other radiation installations with 1 or 2 of the nonmedical modalities listed below except as listed under Category VI: $140.

Category VI: Dental, podiatric, bone densitometry or veterinary installations: $75.

For purposes of the fee schedule set out above, the following definitions shall apply:

“Medical modalities” shall mean radiography, fluoroscopy, computed tomography, angiography, stereotactic breast biopsy systems, and radiation therapy, utilized in humans.

“Nonmedical modalities” shall mean radiography, fluoroscopy, analytical equipment (including electron microscopes, fluorescence analysis and X-ray diffraction equipment), computed tomography, and particle accelerators, not utilized on humans.
16 Del. C. § 3081F — Delaware Code / Title 16 / Chapter 30F / Subchapter V / Section 3081F
§ Â
        3081F. Disposition of dogs determined to be dangerous or potentially dangerous or nondangerous; appeal.
Status: in_force

(a) If the Justice of the Peace Court determines that a dog is dangerous, the Court may direct the Department to dispose of the dog by euthanasia in accordance with subchapter I of this chapter. If the Justice of the Peace Court determines the dog is dangerous but does not order euthanasia, or the dog owner voluntarily accepts the designation of dangerous, the dog owner must comply with all conditions that the Court orders under § 3076F(b) of this title, within 30 days from the date of the order. The Justice of the Peace Court may order the dog to remain in the custody of the State until all conditions have been met.

(b) If the Justice of the Peace Court determines that a dog is potentially dangerous, or the dog owner voluntarily accepts the designation of potentially dangerous, the dog owner must comply with all conditions that the Court orders under § 3077F(c) of this title, within 30 days from the date of the order. The Justice of the Peace Court may order the dog to remain in the custody of the State until all conditions have been met.

(c) If another incident occurs within the period of time allowed for compliance under subsection (a) or (b) of this section, the Department shall immediately seize the dog and dispose of it in accordance with subchapter I of this chapter.

(d) If the Justice of the Peace Court determines a dog to be nondangerous, the dog shall be released to its owner, subject to any conditions imposed under § 3080F of this title.

(e) The Department or the owner, if the Justice of the Peace orders the dog to be euthanized, may appeal the Justice of the Peace Court’s decision to the Court of Common Pleas within 15 days of the entry of the decision. The Court of Common Pleas shall review the appeal on the record. The filing of an appeal acts as a stay of the Justice of the Peace Court’s decision, pending final disposition of the appeal. The appellant shall pay the cost of transcribing the Justice of the Peace Court recording and all documents must be submitted to the Court of Common Pleas within 15 days of filing an appeal.
16 Del. C. § 7411 — Delaware Code / Title 16 / Chapter 74 / Section 7411
§ Â
        7411. Conflicting laws.
Status: in_force

Ordinances, resolutions or regulations of a governing body or of any other governmental unit relating to radioactive materials shall not be superseded by this chapter if they are consistent with this chapter and rules and regulations hereunder.
16 Del. C. § 6314 — Delaware Code / Title 16 / Chapter 63 / Section 6314
§ Â
        6314. Enforcement; penalties.
Status: in_force

(a) Any duly authorized designee of the State Emergency Response Commission or any duly authorized designee of the Secretary of the Department of Natural Resources and Environmental Control may, upon presentation of appropriate credentials at any reasonable time, enter upon any private or public property for the purpose of investigating compliance with or enforcing any requirement or regulation authorized by this chapter, including, but not limited to, the inspecting and copying of any records, reports or information relating to the purposes of this chapter.

(b) Upon any refusal of entry, inspection or copying pursuant to this section, any duly authorized designee of the State Emergency Response Commission or any duly authorized designee of the Secretary of the Department of Natural Resources and Environmental Control may apply for and obtain a warrant to allow such entry, inspection or copying in the manner established by the rules and law of criminal procedure.

(c) In the Secretary’s discretion, the Secretary of the Department of Natural Resources and Environmental Control is hereby authorized to enforce this chapter and impose penalties as follows upon any person for violation of this chapter or any rule or regulation promulgated under this chapter relating thereto:

(1) Administrative penalties may be imposed as outlined in § 6005(b)(3) of Title 7.

(2) Civil penalties, notices of conciliation and orders may be imposed as outlined in § 6005(b)(1), (2) and (3) of Title 7.

(3) Public hearings concerning penalties imposed under paragraphs (c)(1) and (2) of this section shall be conducted as outlined in § 6006 of Title 7.

(4) Appeals concerning penalties imposed under paragraphs (c)(1) and (2) of this section shall be conducted as outlined in §§ 6008 and 6009 of Title 7.

(5) Simultaneous violations of the requirements of this chapter or any rule or regulation promulgated under this chapter relating thereto shall be treated as a single violation for each day.

(6) Criminal penalties may be pursued as outlined in § 6013 of Title 7.

(d) In addition to penalties established under subsection (c) of this section, interest of 1.5% per month may be assessed by the Secretary to firms that fail to remit the correct fee or the fee itself in accordance with this chapter or any rule or regulation promulgated under this chapter relating thereto.

(e) Any person found to have violated the requirements of this chapter or any rule or regulation promulgated under this chapter relating thereto, or the reporting fee requirements of this chapter or any rule or regulation promulgated under this chapter relating thereto, shall be liable for all expenses incurred by the Department of Natural Resources and Environmental Control in abating the violation as detailed in § 6005(c) of Title 7. Moneys collected under this subsection shall be appropriated to the Department of Natural Resources and Environmental Control to cover the costs associated with such activities.

(f) Moneys collected under subsections (c) and (d) of this section shall be placed in a liquid, interest-bearing account to be selected by the Commission.

(g) Moneys collected under subsections (c) and (d) of this section shall be appropriated to the State Emergency Response Commission (SERC) for the purpose of funding related emergency planning and community right-to-know activities, emergency response equipment and vehicles (including their purchase, as well as maintenance and repairs), and related equipment and supplies, and to fund physical examinations and medical screenings for decontamination team members or other response personnel as approved by SERC. These moneys shall be used at the discretion of SERC and shall not be subject to reversion. For 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).

(h) Nothing in this chapter shall prevent the Department from making efforts to obtain voluntary compliance by way of warning, notice or other educational means; this does not, however, require that such voluntary methods be used before proceeding by way of compulsory enforcement.

(i) Compliance with this chapter shall not constitute a defense for a violation of any other law or regulation of the State.

(j) The Department shall establish a policy for the calculation and assessment of penalties authorized to be imposed under subsection (c) of this section. This policy shall be subject to review and approval by the Commission prior to implementation.
16 Del. C. § 5013 — Delaware Code / Title 16 / Chapter 50 / Section 5013
§ Â
        5013. Involuntary outpatient treatment over objection.
Status: in_force

(a) A person shall be involuntarily committed by the court for outpatient treatment over objection only if all of the following criteria are satisfied by clear and convincing evidence:

(1) The person is 18 years of age or older.

(2) The person has a documented mental condition.

(3) The person is reasonably expected to become dangerous to self or dangerous to others or otherwise unlikely to survive safely in the community without treatment for the person’s mental condition.

(4) The person is currently refusing to voluntarily participate in the treatment plan recommended by the person’s mental health treatment provider or lacks the capacity to determine whether such treatment is necessary.

(5) The person has a documented history of lack of adherence with recommended treatment for the mental condition, or poses an extreme threat of danger to self or danger to others based upon recent actions, that has either:

a. Resulted in a deterioration of functioning that was observed to be dangerous to the individual’s personal health and safety; or

b. Resulted in a deterioration of functioning that was observed to be imminently dangerous to self or dangerous to others, including but not limited to suicidal ideation, violent threats, or violence towards others.

(6) All less restrictive treatment options have been considered and have either been determined to be clinically inappropriate at this time or evidence is offered to show that the person is not likely to adhere to such options.

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

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

(d) The Department is responsible for ensuring the provision of all necessary services and supports to fully implement the court order, or for informing the court as quickly as possible if such services are not available and providing the court with an explanation of why such services are not available and when they are anticipated to become available.

(e) Notwithstanding an order entered by the court pursuant to this section, an individual may be discharged by the individual’s treating psychiatrist at any time if the treating psychiatrist determines that the individual no longer meets the clinical criteria for involuntary outpatient commitment. Upon such determination the psychiatrist shall so certify in writing and advise the court of its determination and the discharge. Upon the receipt of such certification, the court shall dismiss the action.

(f) An individual or the individual’s counsel may waive, orally or in writing, any hearing under this section. The waiver must be submitted in writing to the court or be orally presented in open court.

(g) Should an individual committed by the court to involuntary outpatient treatment over objection engage in behavior in the community that is dangerous to self or dangerous to others, an emergency detention, consistent with § 5004 of this title, may be initiated. No individual may be involuntarily hospitalized unless the individual is initially emergently detained and is given the due process protections provided for in this chapter.
16 Del. C. § 1133 — Delaware Code / Title 16 / Chapter 11 / Subchapter III / Section 1133
§ Â
        1133. Contents of reports.
Status: in_force

The reports required under this subchapter must contain all of the following information:

(1) The name and sex of the patient or resident.

(2) The name and address of the facility in which the patient or resident resides.

(3) The age of the patient or resident, if known.

(4) The name and address of the reporter and where the reporter can be contacted.

(5) Any information relative to the nature and extent of the abuse, neglect, mistreatment, financial exploitation, or medication diversion and, if known to the reporter, any information relative to prior abuse, neglect, mistreatment, financial exploitation, or medication diversion of the patient or resident.

(6) The circumstances under which the reporter became aware of the abuse, neglect, mistreatment, financial exploitation, or medication diversion.

(7) What action, if any, was taken to treat or otherwise assist the patient or resident.

(8) Any other information which the reporter believes to be relevant in establishing the cause of the abuse, neglect, mistreatment, financial exploitation, or medication diversion.
16 Del. C. § 5162 — Delaware Code / Title 16 / Chapter 51 / Subchapter V / Section 5162
§ Â
        5162. Notification of critical incidents and deaths, report forms.
Status: in_force

(a) As used in this section:

(1) “Covered facility” means a hospital or residential center as defined in § 5161 of this title.

(2) “Critical incident” means the occurrence, within a covered facility, of the following events:

a. Attempted suicide;

b. Seclusion exceeding 15 minutes;

c. Physical restraint exceeding 5 minutes or involving injury; and

d. Victimization prompting solicitation of police intervention or investigation.

(3) “Death” means the demise of a current patient or resident of a covered facility. “Death” shall also include the demise of such a patient or resident within 14 calendar days of transfer to a medical or hospice facility.

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

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

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

c. Protection and advocacy for individual rights (29 U.S.C. § 794e).

(b) Notwithstanding any other provision of law, each covered facility shall notify the protection and advocacy agency in writing or electronically within 72 hours of all critical incidents and, upon request, facilitate protection and advocacy agency contact with the patient, resident, or authorized representative of the patient or resident.

(c) Notwithstanding any other provision of law, each covered facility shall notify the protection and advocacy agency within 72 hours of the date of any patient or resident death. Such notice shall include brief identifying information; contact information for the next of kin, administrator, or estate executor; the age of the patient or resident; the condition of the patient’s or resident’s health prior to death; and apparent cause of death.

(d) No person or covered facility shall be liable in any civil action by reason of provision of notice of a critical incident or death to the protection and advocacy agency in conformity with this section.

(e) Each covered facility shall cooperate with any assessment or investigation of a critical incident or death by the protection and advocacy agency. In furtherance of this duty, no covered facility shall discharge, discriminate, or retaliate against any person who provides the protection and advocacy agency with information or assistance in connection with an assessment or investigation of a critical incident or death.
16 Del. C. § 5195A — Delaware Code / Title 16 / Chapter 51 / Subchapter VIII-A / Section 5195A
§ Â
        5195A. Organization and composition of the Consortium.
Status: in_force

(a) The Consortium is composed of 25 members, as follows:

(1) Nine individuals, or their designees, who are members of the Consortium by virtue of their respective positions, as follows:

a. The Lieutenant Governor of the State of Delaware.

b. The Chair of the Maternal and Child Death Review Committee.

c. The Chair of the Delaware Suicide Prevention Association.

d. The Chair of the Overdose Fatality Review Commission.

e. The Chair of the Addiction Action Committee.

f. The Chair of the Police Chiefs Council.

g. The Chair of the Mental Health Association in Delaware.

h. The Executive Director of the Ability Network of Delaware.

i. The Attorney General.

(2) Twelve individuals appointed by the Governor, as follows:

a. One representative of a hospital in this State.

b. Two advocates from statewide or national nonprofit organizations that are dedicated to the improvement of behavioral health in this State.

c. One practicing or retired individual licensed or previously licensed under Chapter 19 of Title 24 with experience in behavioral health in this State.

d. One licensed psychiatrist.

e. One representative of the education community who directly works to improve behavioral health in a Delaware school district.

f. One advocate who has directly been impacted by behavioral health in this State.

g. One representative of the insurance industry who directly works to improve behavioral health in this State.

h. One citizen from each county who has been impacted by behavioral health.

i. One veteran who has served on active duty in the U.S. Armed Forces, including the National Guard or the Reserves, and who has been impacted by behavioral health in this State.

(3) Two members of the Senate appointed by the President Pro Tempore of the Senate, 1 appointed from the majority caucus and 1 appointed from the minority caucus.

(4) Two representatives appointed by the Speaker of the House of Representatives, 1 appointed from the majority caucus and 1 appointed from the minority caucus.

(b) Members serving by virtue of position may appoint a designee to serve in their stead and at their pleasure.

(c) Consortium working groups. — The Consortium shall create working groups in accordance with the recommendation of the Consortium.

(d) Terms of the Consortium members. —

Governor appointed members are appointed for a term of 2 years and may not serve more than 3 terms or a total of 6 years. The terms may be consecutive or nonconsecutive. The Governor, Speaker of the House of Representatives, or President Pro Tempore of the Senate may appoint a member for a term of less than 2 years to ensure terms expire on a staggered basis.

(e) Consortium Chair. — The Consortium shall be chaired by an appointment of the Governor from the Consortium membership. The Chair is responsible for guiding the administration of the Consortium by, at a minimum, supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports of the Consortium.

(f) Official action by the Consortium, including making findings and recommendations included in a report issued by the Consortium, requires the approval of a majority of the total members of the Consortium.
16 Del. C. § 3013A — Delaware Code / Title 16 / Chapter 30A / Subchapter II / Section 3013A
§ Â
        3013A. Requirements of health-care facilities.
Status: in_force

A health-care facility shall maintain documentation to verify that an individual meets the certification requirements of § 3011A of this title including the individual’s date of employment as a central service technician.
16 Del. C. § 1210 — Delaware Code / Title 16 / Chapter 12 / Subchapter II / Section 1210
§ Â
        1210. Definitions.
Status: in_force

As used in this subchapter:

(1) “Expunge” or “expunged” means to permanently destroy, delete or make nonidentifiable.

(2) “Informed consent” means a written authorization for the disclosure of protected health information on a form substantially similar to one promulgated by the Department of Health and Social Services which is signed in writing or electronically by the individual who is the subject of the information. This authorization shall be dated and shall specify to whom the disclosure is authorized, the general purpose for such disclosure, and the time period in which the authorization for the disclosure is effective.

(3) “Legitimate public health purpose” means a population-based activity or individual effort primarily aimed at the prevention of injury, disease, or premature mortality or the promotion of health in the community, including all of the following:

a. Assessing the health needs of the community through public health surveillance and epidemiological research.

b. Developing public health policy.

c. Responding to public health needs and emergencies.

d. Review by the Maternal and Child Death Review Commission or the Child Protection Accountability Commission.

e. Requests for hospital records by the Division of Health Care Quality pursuant to § 1212 of this title.

f. Review by the Drug Overdose Fatality Review Commission.

(4) “Protected health information” means any information, whether oral, written, electronic, visual, pictorial, physical or any other form, that relates to an individual’s past, present or future physical or mental health status, condition, treatment, service, products purchased, or provision of care and that reveals the identity of the individual whose healthcare is the subject of the information, or about which there is a reasonable basis to believe such information could be utilized (either alone or with other information that is or should reasonably be known to be available to predictable recipients of such information) to reveal the identity of that individual.

(5) “Research” means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge.
16 Del. C. § 2226 — Delaware Code / Title 16 / Chapter 22 / Section 2226
§ Â
        2226. Distribution of drug-testing strips; immunity.
Status: repealed

(a) The purpose of this section is to expand the harm reduction strategies available in Delaware to address the epidemic level of drug overdose deaths through the provision of drug-testing strips. The provision of drug-testing strips provides an opportunity to prevent potential overdose deaths.

(b) As used in this section:

(1) “Drug” means any 1 or more of the following:

a. Fentanyl.

b. Xylazine.

(2) “Drug-testing strip” means a test used to determine the presence of a drug or drug-related substance.

(3) “Person” means an individual or legal entity that provides a drug-testing strip to an individual who uses drugs to reduce the likelihood of the individual experiencing harm.

(c) [Repealed.]

(d) Subject to subsection (e) of this section, a person may provide a drug-testing strip to an individual.

(e) A person providing a drug-testing strip to an individual under this section must do so in good faith and with reasonable care.

(f) Except if the person wilfully, wantonly, recklessly, or by gross negligence causes injuries or death, a person providing a drug-testing strip to an individual under this section is not subject to civil damages exceeding the limit of an applicable insurance policy.

(g) Nothing in this section is intended to waive the State’s sovereign immunity or the privileges and immunities under Chapter 40 of Title 10.
16 Del. C. § 9504 — Delaware Code / Title 16 / Chapter 95 / Section 9504
§ Â
        9504. Enjoyment of public facilities.
Status: in_force

Any person or persons, firm or corporation or an agent thereof who denies or interferes with the admittance to or enjoyment of the public facilities enumerated in § 9502 or otherwise interferes with the rights of a person who is totally or partially blind or has a disability as specified in § 9502 shall be guilty of a misdemeanor.
16 Del. C. § 6812 — Delaware Code / Title 16 / Chapter 68 / Subchapter II / Section 6812
§ Â
        6812. Confidentiality of information; testimony.
Status: in_force

(a) Except as provided in § 6811(c) of this title any authorized agency and insurance company described in § 6810 or § 6811 of this title who receives any information furnished pursuant to this subchapter shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding.

(b) Any authorized agency referred to in § 6810 of this title, or their personnel, may be required to testify in any litigation in which the insurance company at interest is named as a party.
16 Del. C. § 9302A — Delaware Code / Title 16 / Chapter 93A / Section 9302A
§ Â
        9302A. Community benefit activity reporting.
Status: in_force

(a) Hospitals must develop an annual community benefits activity report. The community benefit activity report shall include at a minimum the following:

(1) A publicly-available website link to the reporting hospital’s most recent community health needs assessment, updated on 3-year reporting cycles in accordance with applicable federal regulatory requirements, including 26 C.F.R. § 1.501(r)-3.

(2) A list of the activities that were undertaken by the hospital to address the identified community health needs within the hospital’s community.

(3) The cost to the hospital of each community benefit activity.

(4) A description of gaps in the availability of providers to serve the community.

(5) A description of efforts undertaken by the hospital to track and reduce health disparities in the community that the hospital serves.

(6) A list of the unmet community health needs identified in the most recent community health needs assessment.

(7) Any additional information the hospital deems relevant to its community benefit activities, including Medicare and Medicaid shortfalls.

(8) Amount of community benefit funding going to community-based organizations, with a list of organizations and the funding amounts.

(9) Total amount of community benefits, not including Medicare and Medicaid shortfalls.

(b) Hospitals under the common control of a single corporation or another entity may file a consolidated report if the report includes the community benefit financial data of each hospital and describes the benefits provided to the communities in the geographic area of each hospital.

(c) Hospitals must make their community benefits activity report available to the public in a manner that is easily accessible.

(d) The report must be submitted no more than 30 calendar days after the date of filing of a hospital’s Internal Revenue Service Form 990 for the prior fiscal year, to the Delaware Health Care Commission, the Department of Health and Social Services, the Office of Management and Budget, the Department of Finance, the Office of the Governor, the Clerk of the House of Representatives, the Secretary of the Senate, and the Director and Librarian of the Division of Legislative Services. The report can be submitted by email with a link to a public-facing website consistent with the requirement set forth in subsection (c) of this section.
16 Del. C. § 104 — Delaware Code / Title 16 / Chapter 1 / Subchapter I / Section 104
§ Â
        104. Deputy state health officers â Powers and duties.
Status: in_force

The deputy state health officers for and under the direction of the Department shall enforce the laws of the State pertaining to the public health, shall enforce all rules, regulations and orders adopted or promulgated by the Department in accordance with law, shall undertake such other duties as may be assigned to them by the Department and shall supervise all public health matters within their respective counties, and in the City of Wilmington, but not in other incorporated cities or towns having duly constituted boards of health. The governing authorities of any incorporated city or town, other than the City of Wilmington, may by resolution duly adopted and approved by the Department designate a deputy state health officer to act as health officer of such incorporated city or town, and the deputy health officer shall then exercise the powers and perform the duties of the local board of health.
16 Del. C. § 7408 — Delaware Code / Title 16 / Chapter 74 / Section 7408
§ Â
        7408. Records.
Status: in_force

(a) The Authority or its duly authorized representatives shall require each person who possesses or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer or disposal and such other records as the Authority may require subject to such exemptions as may be provided by rules or regulations.

(b) The Authority or its duly authorized representatives shall require each person who possesses or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by the rules and regulations of the Authority. Copies of these records and those required to be kept by this section shall be submitted to the Administrative Agent or Authority on request.
16 Del. C. § 4792 — Delaware Code / Title 16 / Chapter 47 / Subchapter VII / Section 4792
§ Â
        4792. Continuation of rules.
Status: repealed

Any orders and rules promulgated under any law affected by this chapter and in effect on the effective date of this chapter and not in conflict with it continue in effect until modified, superseded or repealed.
16 Del. C. § 524 — Delaware Code / Title 16 / Chapter 5 / Subchapter II / Section 524
§ Â
        524. Public health power to examine and order treatment [Effective until July 17, 2028].
Status: in_force

(a) Subject to the provisions of § 526 of this title, a person with tuberculosis or a person reasonably suspected of being diseased with or exposed to tuberculosis shall report for a complete examination or treatment, as appropriate, to a physician licensed under Title 24, or shall submit to an examination or treatment, as appropriate, at a public health facility. When a person has been diagnosed as having tuberculosis or has been determined to have been exposed to tuberculosis, said person shall continue to be prescribed treatment until such time as that treatment is no longer required as determined 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.

(b) Subject to the provisions of § 526 of this title, the Division shall examine or cause to be examined, or treat or cause to be treated, any person who will not respond to voluntary treatment for tuberculosis. The County Public Health Administrator shall go before 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, for an order for involuntary examination and/or treatment of said person.(a) Subject to the provisions of § 526 of this title, a person with tuberculosis or a person reasonably suspected of being diseased with or exposed to tuberculosis shall report for a complete examination or treatment, as appropriate, to a physician licensed under Title 24, or shall submit to an examination or treatment, as appropriate, at a public health facility. When a person has been diagnosed as having tuberculosis or has been determined to have been exposed to tuberculosis, said person shall continue to be prescribed treatment until such time as that treatment is no longer required as determined by the Director.

(b) Subject to the provisions of § 526 of this title, the Division shall examine or cause to be examined, or treat or cause to be treated, any person who will not respond to voluntary treatment for tuberculosis. The County Public Health Administrator shall go before the Director for a Director’s order for involuntary examination and/or treatment of said person.
16 Del. C. § 211 — Delaware Code / Title 16 / Chapter 2 / Subchapter II / Section 211
§ Â
        211. Purpose [Transferred].
Status: in_force

Transferred to § 3102A of Title 14 by 83 Del. Laws, c. 213, § 2, effective Sept. 30, 2021.
16 Del. C. § 9502 — Delaware Code / Title 16 / Chapter 95 / Section 9502
§ Â
        9502. Rights and liabilities.
Status: in_force

(a) Persons who are blind, visually impaired or have physical disabilities shall have the same rights as persons without such disabilities to use streets, highways, sidewalks, walkways, public buildings, public facilities and other public places.

(b) Persons who are blind, visually impaired or have physical disabilities are entitled to full and equal accommodations, advantages, facilities and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats or any other public conveyances or modes of transportation, and in all hotels, lodging places, places of public accommodation, amusement or resort and other places to which the general public is invited, subject only to the conditions and limitations established by law.

(c) Every person who is totally or partially blind may be accompanied by a guide dog, especially trained for the purpose, in any of the places listed within this section without being required to pay an extra charge for the guide dog, provided that the person who is totally or partially blind shall be liable for any damages done to the premises or facilities by such dog. A guide dog may be excluded from any of the places enumerated in this section if the admission of such dog would create the clear danger of a disturbance or physical harm to other persons in such place.
16 Del. C. § 131 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 131
§ Â
        131. Survey of hospitals and health centers â Required.
Status: in_force

(a) The Secretary or the Secretary’s designee shall:

(1) Make a survey of the location, size and character of all existing public and private (proprietary as well as nonprofit) hospitals and health centers in the State;

(2) Evaluate the sufficiency of such hospitals and health centers to supply the necessary physical facilities for furnishing adequate hospital, clinical and similar services to all the people of the State; and

(3) Compile such data and conclusions, together with a statement of the additional facilities necessary, in conjunction with existing structures to supply such services.

(b) The Secretary or the Secretary’s designee shall utilize, so far as practicable, any appropriate reports, surveys and plans prepared by other state agencies.
16 Del. C. § 9220 — Delaware Code / Title 16 / Chapter 92 / Section 9220
§ Â
        9220. Annual report.
Status: in_force

Within the first 90 days of each calendar year, the Authority shall make a report to the Governor of its activities for the preceding calendar year. Each such report shall set forth the complete operating and financial statement covering its operations during such year. The Authority shall cause an audit of its books and accounts to be made at least once each year by certified public accountants, and the cost thereof shall be paid by the Authority from funds available to it pursuant to this chapter.
16 Del. C. § 315 — Delaware Code / Title 16 / Chapter 3 / Section 315
§ Â
        315. Temporary structures for isolation purposes; disinfection of property.
Status: in_force

The State Board of Health or any local board of health may erect any temporary wooden buildings or field hospitals necessary for the isolation or protection of persons or freight supposed to be infected and may employ nurses, physicians and laborers sufficient to operate the same properly and sufficient police to guard the same. The board of health may cause the disinfection, renovation or complete destruction of bedding, clothing or other property belonging to corporations or individuals, when such action seems to the board necessary or a reasonable precaution against the spread of contagious or infectious diseases.
16 Del. C. § 2104 — Delaware Code / Title 16 / Chapter 21 / Section 2104
§ Â
        2104. Inspection of premises.
Status: in_force

All places where any mattress, pillow, bolster, featherbed or comfortable is made, remade or renovated, or where materials for articles named in this section are prepared, or establishment where the articles are offered for sale or are in possession of any person with intent to sell, deliver or consign them, or establishment where sterilizing and disinfecting are performed, shall be subject to inspection by the Department of Health and Social Services to ascertain whether the materials and the finished articles enumerated in this section conform to the requirements of this chapter.
16 Del. C. § 2523 — Delaware Code / Title 16 / Chapter 25 / Section 2523
§ Â
        2523. Immunity.
Status: in_force

(a) A health-care professional or health-care institution acting in good faith is not subject to civil or criminal liability or to discipline for unprofessional conduct for any of the following:

(1) Complying with a health-care decision made for an individual by another person if compliance is based on a reasonable belief that the person has authority to make the decision, including a decision to withhold or withdraw health care.

(2) Refusing to comply with a health-care decision made for an individual by another person if the refusal is based on a reasonable belief that the person lacked authority or capacity to make the decision.

(3) Complying with an advance health-care directive based on a reasonable belief that the directive is valid.

(4) Refusing to comply with an advance health-care directive based on a reasonable belief that the directive is not valid, including a reasonable belief that the directive was not made by the individual or, after its creation, was substantively altered by a person other than the individual who created it.

(5) Determining that an individual who otherwise might be authorized to act as an agent or default surrogate is not reasonably available.

(6) Complying with an individual’s direction under § 2509(d) of this title.

(b) An agent, default surrogate, or individual with a reasonable belief that the individual is an agent or a default surrogate is not subject to civil or criminal liability or to discipline for unprofessional conduct for a health-care decision made in a good faith effort to comply with § 2517 of this title.

(c) This section must not be construed to provide immunity for health care that does not meet the generally accepted health-care standards applicable to the health-care professional or institution.
16 Del. C. § 3015F — Delaware Code / Title 16 / Chapter 30F / Subchapter II / Section 3015F
§ Â
        3015F. Eligibility; division of Spay/Neuter Fund proceeds.
Status: repealed

The proceeds of the Spay/Neuter Fund outlined in this subchapter shall be available to those parties qualifying for participation under the following eligibility requisites:

(1) An individual may qualify to participate in the program if the individual meets all of the following:

a. Is 18 years of age or older.

b. Is a resident of the State.

c. Establishes proof of being a recipient of benefits from 1 of the following programs:

1. Food Stamps.

2. General Assistance.

3. Delaware Medical Assistance.

4. Social Security Disability (SSD), including an individual who was receiving Social Security Disability benefits at the time the individual reached full retirement age but whose benefits have since been converted to regular retirement benefits by the Social Security Administration.

5. SSI (Supplemental Security Income).

6. Temporary Assistance for Needy Families (TANF).

7. WIC (Special Supplemental Nutrition Program for Women, Infants, and Children).

8. Veteran’s Administration Disability Compensation (only if veteran has a disability rating of 50% or higher).

d. Is the owner or free-roaming-cat caretaker of a Delaware cat or Delaware dog being spayed or neutered at a participating veterinarian or clinic.

(2) A nonprofit organization may apply for competitive grants from the Program if it meets all of the following:

a. Is registered and in good standing as a Delaware corporation with the Delaware Secretary of State, Division of Corporations.

b. States in its corporate purpose clause or in its mission statement that its activities are devoted to animal rescue, animal welfare, or the humane treatment of animals.

c. Applies these funds to animals who have their origin in Delaware.

d. Is exempt from federal taxation in accordance with Internal Revenue Code § 501(c)(3) [26 U.S.C. § 501(c)(3)].

(3) The Department shall determine the Program’s fiscal allotment and numerical spay and neuter procedures according to available funds and in a way that best accomplishes the goals of the Program and reaches targeted pet populations.

a.-e. [Repealed.]
16 Del. C. § 2501B — Delaware Code / Title 16 / Chapter 25B / Section 2501B
§ Â
        2501B. Definitions.
Status: in_force

(a) For purposes of this chapter, the definitions in § 2502 of this title apply.

(b) For purposes of this chapter:

(1) “Acute care” means inpatient health care.

(2) “Certified peer recovery specialist” means as defined in § 10201A of this title.

(3) “Protection and advocacy agency” means the Community Legal Aid Society, Inc., or the successor agency that is designated as the state protection and advocacy system under the Protection and Advocacy for Individuals with Mental Illness Act, 42 U.S.C. § 10801 et seq.
16 Del. C. § 8604 — Delaware Code / Title 16 / Chapter 86 / Section 8604
§ Â
        8604. Employees not covered.
Status: in_force

No liability under this chapter shall be created as to workers who are employees of a contractor, subcontractor or other employer responsible for compliance with this chapter.
16 Del. C. § 2511C — Delaware Code / Title 16 / Chapter 25C / Section 2511C
§ Â
        2511C. Department responsibilities [For application of this section, see 85 Del. Laws, c. 19, Â 3].
Status: in_force

(a) (1) The Department shall make rules and regulations to facilitate the collection of information regarding compliance with this chapter, including the information necessary to assess compliance with all of the following:

a. The responsibilities of the attending physician or attending APRN under § 2508C of this title.

b. The responsibilities of the consulting physician or consulting APRN under § 2509C of this title.

(2) The Department may share information collected under this section with the Division of Professional Regulation if the Department suspects that a health-care provider has failed to comply with the requirements under this chapter.

(3) The Department of State may also promulgate regulations or develop forms and protocols necessary under this chapter.

(4) The Department may work with the Division of Professional Regulation to develop forms and protocols for the education of all health-care providers under its licensing or certification jurisdiction.

(b) The Department shall require a health-care provider that prescribes or dispenses medication under this chapter to file a report with the Department as required under subsection (a) of this section.

(c) The Department may annually review a sample of records maintained under this chapter.

(d) Unless otherwise specifically provided under law, information collected under this chapter is not a public record under Chapter 100 of Title 29.

(e) The Department shall generate and make available to the public an annual statistical report of information collected under of this chapter. The purpose of this annual statistical report is to ensure proper Department oversight over compliance with this chapter and to provide information to the public about the implementation of this chapter.
16 Del. C. § 2412 — Delaware Code / Title 16 / Chapter 24 / Section 2412
§ Â
        2412. Powers of Secretary.
Status: in_force

The Secretary may, in the manner provided by law, promulgate rules, regulations and administrative procedures reasonably necessary to carry out the purposes of this chapter.
16 Del. C. § 10304 — Delaware Code / Title 16 / Chapter 103 / Subchapter I / Section 10304
§ Â
        10304. Immunity from suit; limitation of liability.
Status: in_force

(a) (1) A Board member, whether temporary or permanent, is not subject to and is immune from claim suit, liability, damages, or other recourse, whether civil or criminal, arising from the member’s act, proceeding, decision, or determination performed or reached in good faith and without malice in carrying out the responsibility, authority, duty, power, or privilege of DHIN.

(2) Immunity under this subsection applies to a member acting individually or jointly with another member.

(3) Good faith is presumed under this subsection until proven otherwise. The burden to prove malice is on the complainant.

(4) The immunity from suit provided to state employees under the Delaware Constitution and §§ 4001 through 4005 of Title 10 applies to a DHIN employee or staff member, whether temporary or permanent.

(b) DHIN is not a health-care provider and is not subject to claims under Chapter 68 of Title 18. A person who participates in or subscribes to the services or information that DHIN provides is not liable in an action for damages or costs of any nature, in law or equity, which result solely from that person’s use or failure to use DHIN information or data that was imputed or retrieved under DHIN’s rules or regulations. A person may not be subject to antitrust or unfair competition liability based on membership or participation in DHIN as the State’s sanctioned provider of health information services that are deemed to be essential to governmental function for the public health and safety.
16 Del. C. § 9605A — Delaware Code / Title 16 / Chapter 96A / Section 9605A
§ Â
        9605A. The Program.
Status: in_force

(a) An account may be opened by:

(1) The eligible individual.

(2) A person selected by the eligible individual.

(3) If an eligible individual (whether a minor or adult) is unable to establish that eligible individual’s own account, the eligible individual’s agent under a power of attorney or, if none, by a conservator or legal guardian, spouse, parent, sibling, grandparent of the eligible individual, or a representative payee appointed for the eligible individual by the Social Security Administration, in that order.

(b) Any person may make a contribution to an account once an account is opened.

(c) Contributions to an account shall be made only in cash, except where otherwise permitted by the federal ABLE Act.

(d) Separate records and accounting shall be required by the Program for each account and reports shall be made no less frequently than annually to the account owner and the designated beneficiary.
16 Del. C. § 10112 — Delaware Code / Title 16 / Chapter 101 / Subchapter II / Section 10112
§ Â
        10112. Administrative provisions.
Status: in_force

(a) Prepaid wireless E911 surcharges collected by sellers shall be remitted to the Division of Revenue quarterly on forms issued by the Director of Revenue and subject to such regulations and requirements as shall be prescribed by the Director of Revenue.

(b) The Director of Revenue shall deposit remitted prepaid wireless E911 surcharges to the credit of the Fund established under § 10103 of this title.

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

(d) To the extent practicable, the audit, appeal, and other administrative provisions of Chapters 3 and 5 of Title 30 shall apply to the administration of the prepaid wireless E911 surcharge.

(e) A seller shall be permitted to deduct and retain 3% of prepaid wireless E911 surcharges that are collected by the seller from consumers.
16 Del. C. § 4309 — Delaware Code / Title 16 / Chapter 43 / Section 4309
§ Â
        4309. Procedure for revocation.
Status: in_force

Before revoking any license the Department of Health and Social Services shall give written notice to the licensee affected, stating that it contemplates the revocation of the same and giving its reason therefor. The notice shall appoint a time of hearing before the Department of Health and Social Services or its deputies, and shall be mailed by registered mail to the licensee. On the day of hearing the licensee may present such evidence to the Department of Health and Social Services as the licensee deems fit, and after hearing all the testimony, the Department of Health and Social Services shall decide the question in such a manner as to it appears just and right.
16 Del. C. § 4783 — Delaware Code / Title 16 / Chapter 47 / Subchapter VI / Section 4783
§ Â
        4783. Cooperative arrangements and confidentiality.
Status: in_force

(a) The Secretary shall cooperate with federal and other state agencies in discharging the Secretary’s responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, the Secretary may:

(1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;

(2) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;

(3) Cooperate with the bureau by establishing a centralized unit to accept, catalogue, file and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the State, and make the information available for federal, state and local law-enforcement purposes. The Secretary, in cooperation with the bureau, shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c) of this section; and

(4) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.

(b) Results, information and evidence received from the Bureau relating to the regulatory functions of this chapter, including results of inspections conducted by it, may be relied and acted upon by the Secretary in the exercise of the Secretary’s regulatory functions under this chapter.

(c) A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the Secretary nor may the practitioner be compelled in any state or local civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individual that the practitioner is obligated to keep confidential.
16 Del. C. § 3001B — Delaware Code / Title 16 / Chapter 30B / Section 3001B
§ Â
        3001B. Short title.
Status: in_force

This chapter is known and may be cited as the “Delaware Prescription Drug Payment Assistance Program.”
16 Del. C. § 1415 — Delaware Code / Title 16 / Chapter 14 / Section 1415
§ Â
        1415. Moneys received as trust funds; fiscal agents to act as trustees.
Status: in_force

All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The resolution or trust agreement providing for the issuance of revenue bonds of the authority shall provide that any officer to whom or any bank, trust company or other fiscal agent to which such moneys shall be paid shall act as trustees of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as such resolution or trust agreement may provide.
16 Del. C. § 3502 — Delaware Code / Title 16 / Chapter 35 / Section 3502
§ Â
        3502. Duties of inspection and enforcement.
Status: in_force

The Department of Health and Social Services shall inspect, at reasonable hours and as often as practicable, all factories and establishments in 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, and shall enforce the correction of all unsanitary conditions and practices found therein. The Department of Health and Social Services shall enforce the laws, rules and regulations provided in this chapter.
16 Del. C. § 2502B — Delaware Code / Title 16 / Chapter 25B / Section 2502B
§ Â
        2502B. Health-care institution authorization to petition for guardianship for an individual to whom the institution is providing care.
Status: in_force

(a) A health-care institution may file a petition for the appointment of a guardian for an individual to whom the institution is providing acute care if all of the following:

(1) The health-care institution reasonably believes that there is a basis for appointment of a guardian under § 3901(a)(2) of Title 12.

(2) A surrogate is not reasonably available to make decisions for the individual.

(3) The health-care institution reasonably believes that no less restrictive alternative would meet the individual’s needs.

(4) The health-care institution complies with the notice requirements in this section.

(b) A health-care institution shall, no later than 5 business days of making the determinations under paragraphs (a)(1) through (a)(3) of this section, provide written notice stating all of the following:

(1) The health-care institution believes that there is a basis for appointment of a guardian for the individual under § 3901(a)(2) of Title 12.

(2) If a surrogate who is willing and able to make health-care decisions for the individual is not found, then the health-care institution may file a petition for the appointment of a guardian for the individual.

(3) The health-care institution will wait at least 10 business days from postmark date of this notice before filing the petition, unless needed earlier to avoid imminent loss of life or serious harm to the individual.

(c) The notice under subsection (b) of this section must be sent to all of following:

(1) The individual.

(2) A reasonably available individual who could serve as a default surrogate under § 2512 of this title.

(d) A health-care institution may file a petition for the appointment of a guardian for the individual beginning 11 business days from postmark date on the notice under subsection (b) of this section, unless needed earlier to avoid imminent loss of life or serious harm to the individual.
16 Del. C. § 10305 — Delaware Code / Title 16 / Chapter 103 / Subchapter I / Section 10305
§ Â
        10305. Property rights.
Status: in_force

(a) A person providing information or data to DHIN retains a property right in that information or data, but the provision of information or data grants to the other participant or subscriber a nonexclusive license to retrieve and use that information or data in accordance with the rules or regulation that DHIN promulgates.

(b) Processes or software that DHIN develops, designs, or purchases remains DHIN’s property subject to use by a participant or subscriber under the rules or regulations that DHIN promulgates.
16 Del. C. § 1031 — Delaware Code / Title 16 / Chapter 10 / Subchapter II / Section 1031
§ Â
        1031. Definitions [For application of this section, see 84 Del. Laws, c. 476, Â 4].
Status: in_force

As used in this subchapter:

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

(2) “Commission” means the Hospital Quality and Health Equity Assessment Commission established under § 1045 of this title.

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

(4) a. “Hospital” means a facility classified under § 1001(b) of this title.

b. “Hospital” does not include any of the following:

1. An entity operated by the United States or the agencies or instrumentalities of the United States.

2. An entity operated by this State, the political subdivisions of this State, or the agencies or instrumentalities of this State.

(5) “Hospital Quality and Health Equity Fund” or “Fund” means the fund established under § 1042 of this title.

(6) “Initial enactment period” means the fiscal year of July 1, 2025, through June 30, 2026.

(7) “Net patient revenues” means the hospital’s total patient revenues determined and reported in 1 or more Medicare Cost Reports under 42 C.F.R. § 413.24 and associated with specified services, less total patient revenues not received due to any of the following:

a. Bad debt and uncollectable accounts.

b. Contractual adjustments.

c. Charity discounts.

d. Teaching allowances.

e. Policy discounts.

f. Administrative adjustments.

g. Implicit price concessions.

h. Other deductions from revenue.

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

(9) a. “Specified services” means all of the following:

1. Inpatient hospital services, as that term is used in 42 U.S.C. § 1396b(w)(7)(A)(i) and 42 C.F.R. § 433.56(a)(1).

2. Outpatient hospital services, as that term is used in 42 U.S.C. § 1396b(w)(7)(A)(ii) and 42 C.F.R. § 433.56(a)(2).

b. “Specified services” does not include nursing facility services, skilled nursing facility services, or physician services.

(10) “Taxable year” means the period of time for determining the tax due under this subchapter, as follows:

a. For the initial enactment period and the first 2 fiscal years after the initial enactment period, the fiscal year beginning on July 1, 2021, through June 30, 2022.

b. For each subsequent 3-year period after the period under paragraph (10)a. of this section, the 1-year period beginning and ending 3 years after the immediately preceding period of time for determining the tax due under this subchapter, beginning with the period of time of July 1, 2024, through June 30, 2025.
16 Del. C. § 713 — Delaware Code / Title 16 / Chapter 7 / Subchapter I / Section 713
§ Â
        713. Penalties; jurisdiction.
Status: in_force

(a) Except for § 702 of this title, whoever violates this chapter or any lawful rule or regulations made by the Department of Health and Social Services under § 707 of this title, or fails to obey any lawful order issued by the Director under this chapter shall be fined not less than $100 nor more than $1,000.

(b) Whoever violates § 702 of this title shall be fined not less than $25 and not more than $200 for each offense.

(c) Each separate day that a violation of this chapter as defined under subsections (a) and (b) of this section continues shall be deemed a separate offense for penalty purposes.

(d) Justices of the peace shall have jurisdiction of offenses under this chapter.
16 Del. C. § 9708 — Delaware Code / Title 16 / Chapter 97 / Section 9708
§ Â
        9708. Public safety personnel rendering emergency care exempt from liability.
Status: in_force

(a) Public safety personnel who in good faith renders emergency care or rescue assistance at the scene of any emergency or who undertakes to transport any victim thereof to the nearest medical facility is not liable for any civil damages as a result of any act or omission in rendering the emergency care if all of the following apply:

(1) The public safety personnel has any required, relevant, current training or certification.

(2) The public safety personnel did not cause the injuries or death wilfully, wantonly, or recklessly or by gross negligence.

(b) This section may not be construed to require public safety personnel to administer first aid or emergency care to an individual who is ill or injured if such individual objects.
16 Del. C. § 7305 — Delaware Code / Title 16 / Chapter 73 / Section 7305
§ Â
        7305. Legislative intent.
Status: in_force

It is hereby declared that modern, efficient, safety-tested portable oil-fueled heaters may be offered for sale, sold and used in this State. However, fire hazards and other dangers to the health, safety and welfare of the inhabitants of this State may exist in the absence of legislation the purpose of which is to reasonably assure that portable oil-fueled heaters offered for sale to, sold to and used by inhabitants of this State are modern, efficient and safety tested. It is the intent of the General Assembly to hereinafter set forth such legislation.
16 Del. C. § 1904 — Delaware Code / Title 16 / Chapter 19 / Section 1904
§ Â
        1904. Source reduction practices for mosquito control; notice of entry, claims, damages and payments.
Status: in_force

(a) Source reduction practices for mosquito control involving physical, topographical, or hydrological alterations of wetlands or other aquatic habitats, such as but not limited to the installation of shallow ponds or small ditches to harbor or allow access for mosquito-eating fishes, or the construction of shallow ponds or small ditches or the placement of fill to eliminate or usurp mosquito-rearing sites, must be done in an environmentally-compatible manner and to the extent practicable shall limit adverse impacts to flora and fauna and shall only be undertaken after all required federal and state permits have been obtained. A property owner must be informed at least 30 days in advance in writing, of any intention to perform such source reduction work. Any property owner objecting to the proposed source reduction work, or who is aggrieved or who claims injury or damages due to the execution of any source reduction work of the Department on said property, may file a protest with the Department setting forth the grievance or claim. The Department shall thereupon and within 30 days after the filing of such protest or claim set a time, place and location for a public hearing thereof. If the protest involves a property owner asserting that the proposed source reduction work is not necessary or is otherwise improper, such work shall not commence or proceed until the protest has been denied by the Secretary after the public hearing. In all such cases the decision of the Department as to the necessity and appropriateness of such source reduction work shall be final. Any damage claimed by any party on account of source reduction work of the Department upon that party’s property may be judicially determined. The amount of any damage that may be awarded such party shall be paid by the Department.

(b) This section shall not apply to the application of mosquito control insecticides which are subject to other federal and state laws and regulations governing their legal applications, and are also subject to the Department’s administrative policies and procedures for making such applications. This section shall also not apply to the use of biological controls such as the stocking of native fish that consume immature mosquitoes, which is a practice subject to the Department’s administrative policies and procedures.
16 Del. C. § 3006B — Delaware Code / Title 16 / Chapter 30B / Section 3006B
§ Â
        3006B. Annual report.
Status: in_force

The Department shall maintain data to evaluate the cost and effectiveness of the Program and shall produce an annual report summarizing participant demographics, utilization, utilization review results, and other available information as may be needed to evaluate the costs and benefits of the Program.
16 Del. C. § 6301 — Delaware Code / Title 16 / Chapter 63 / Section 6301
§ Â
        6301. Establishment of State Emergency Response Commission.
Status: in_force

All references to “State Emergency Response Commission” or “Commission” within this chapter shall refer to the State Emergency Response Commission established under Chapter 82 of Title 29 in compliance with Title III of the federal Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Chapter 116, Emergency Planning and Community Right-to-Know) [42 U.S.C. § 11001 et seq.].
16 Del. C. § 111 — Delaware Code / Title 16 / Chapter 1 / Subchapter I / Section 111
§ Â
        111. Retaliation or discrimination against complainants; immunities and other protections.
Status: in_force

Notwithstanding any law or regulation to the contrary, any psychiatric nursing or treatment facility owned by or operated by the Department shall be subject to the provisions of §§ 1117, 1135 and 1154 of this title whether or not such facility is licensed as a long-term care facility.
16 Del. C. § 3049F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3049F
§ Â
        3049F. Destruction of muskrat dens, poultry, or livestock.
Status: in_force

No owner or custodian of any dog shall permit such dog to injure, destroy, or disturb any muskrat den, trap, lead, or house, or any poultry or livestock.
16 Del. C. § 935 — Delaware Code / Title 16 / Chapter 9 / Subchapter III / Section 935
§ Â
        935. Immunity from suit related to investigations and reviews.
Status: in_force

(a) Members of the Commission and their agents or employees, including committee and panel members, contractors, and volunteers are not subject to, and are immune from, claims, suits, liability, damages, or any other recourse, civil or criminal, arising from or relating to any act, omission, proceeding, decision, determination, finding, or recommendation made in the performance of their duties under §§ 932, 932A, and 933 of this title. For the immunity provided by this subsection to apply, the members of the Commission or their agents or employees must have acted in good faith and without malice in carrying out the responsibilities, authority, duties, powers, and privileges of the offices conferred upon them by this subchapter or by any other provisions of the Delaware law, federal law or regulations, or duly adopted rules and regulations of the Commission. Complainants shall bear the burden of proving malice or a lack of good faith to defeat the immunity provided by this subsection.

(b) No organization, institution, or person furnishing information, data, reports, or records to the Commission or its staff with respect to any subject examined or treated by such organization, institution, or person, by reason of furnishing such information, shall be liable in damages to any person or subject to any other recourse, civil or criminal.
16 Del. C. § 9221 — Delaware Code / Title 16 / Chapter 92 / Section 9221
§ Â
        9221. Continued existence of Authority.
Status: in_force

The Authority and its corporate existence shall continue until terminated by law, provided, however, that no such law shall take effect so long as the Authority shall have bonds, notes or other obligations outstanding, unless adequate provision has been made for the payment thereof. Upon termination of the existence of the Authority, all its rights and properties shall pass to and be vested in the State.
16 Del. C. § 7924 — Delaware Code / Title 16 / Chapter 79 / Section 7924
§ Â
        7924. Substances entering house drainage system.
Status: in_force

No substance which will clog the pipes, produce explosive mixtures or destroy the pipes or their joints shall be allowed to enter the house drainage system.
16 Del. C. § 4796 — Delaware Code / Title 16 / Chapter 47 / Subchapter VII / Section 4796
§ Â
        4796. Authority of the Attorney General.
Status: in_force

Nothing in this chapter shall be interpreted as limiting the authority or responsibility of the Attorney General of this State to enforce the laws of this State.
16 Del. C. § 6309 — Delaware Code / Title 16 / Chapter 63 / Section 6309
§ Â
        6309. Establishment of authority to collect fees.
Status: in_force

The Department, with advice and consent of the State Emergency Response Commission, is hereby authorized to impose on and collect fees from facilities reporting under § 6306 of this title.
16 Del. C. § 3034F — Delaware Code / Title 16 / Chapter 30F / Subchapter III / Section 3034F
§ Â
        3034F. Service of process.
Status: in_force

Any warrant, subpoena, summons, or other process issued in relation to animal cruelty and fighting, dog control, or dangerous animal laws may be directed to and executed by any trained and certified animal welfare officer of the Office of Animal Welfare.
16 Del. C. § 1409 — Delaware Code / Title 16 / Chapter 14 / Section 1409
§ Â
        1409. Issuance of revenue bonds â Faith and credit of State or political subdivisions as unaffected.
Status: in_force

Revenue bonds issued under this chapter shall not be deemed to constitute a pledge of the faith and credit of the State or of any political subdivision thereof. All such bonds shall contain a statement on their face substantially to the effect that neither the faith and credit of the State nor the faith and credit of any county, city, town or other subdivision of the State are pledged to the payment of the principal of or the interest on such bonds. The issuance of revenue bonds under this chapter shall not directly or indirectly or contingently obligate the State or any county, city, town or other subdivision of the State to levy any taxes whatever therefor or to make any appropriation for their payment except from the funds pledged under this chapter.
16 Del. C. § 5152 — Delaware Code / Title 16 / Chapter 51 / Subchapter IV / Section 5152
§ Â
        5152. Commitment by courts.
Status: in_force

(a) All persons with criminally mental conditions who are adults shall be admitted to the department for persons with criminally mental conditions at the Delaware Psychiatric Center for evaluation and/or treatment when committed by any court of this State having jurisdiction over the persons committed.

(b) All criminally inclined juveniles amenable to the processes of Family Court shall be committed to treatment programs for criminally inclined juveniles established by the Department of Services for Children, Youth and Their Families when committed by any court of this State having jurisdiction over the persons committed.

(c) Jurisdiction to order and review commitments under this subchapter is conferred upon any court:

(1) Which presides over any active matter in which the person with a criminally mental condition is a defendant or respondent; or

(2) Which entered the most recent sentencing order regarding the person with a criminally mental condition.
16 Del. C. § 501 — Delaware Code / Title 16 / Chapter 5 / Subchapter I / Section 501
§ Â
        501. Report of contagious diseases â To Department.
Status: in_force

(a) Local boards of health authorities and physicians in rural districts or other localities where there are no health officials shall report to the Department of Health and Social Services the existence of any case of contagious or infectious diseases which may come under their observation.

(b) Whoever violates this section shall be subject to the penalties provided in § 107 of this title.
16 Del. C. § 1001A — Delaware Code / Title 16 / Chapter 10A / Section 1001A
§ Â
        1001A. Short title.
Status: in_force

This chapter may be cited as the “Healthcare Associated Infections Disclosure Act.”
16 Del. C. § 1209A — Delaware Code / Title 16 / Chapter 12A / Section 1209A
§ Â
        1209A. Minors.
Status: in_force

This chapter shall apply in the same manner and to the same extent to any emergency medical care provider who is a minor and above the age of 15, as if such minor were 21 years or older.
16 Del. C. § 2003 — Delaware Code / Title 16 / Chapter 20 / Section 2003
§ Â
        2003. Duties and authority of state agency.
Status: in_force

(a) The state agency shall compile, correlate, analyze and develop data which it collects pursuant to this chapter. The state agency shall prepare and distribute or make available reports to health-care purchasers, health-care insurers, health-care providers and the public. The data shall be collected in the most efficient and cost-effective manner. Data collected shall be limited to that contained in the Delaware uniform claims and billing data set (UB-04 or successor form).

(b) The state agency shall periodically compile and disseminate reports on the data collected such as charge levels, age-specific utilization patterns, morbidity patterns, patient origin and trends in health-care charges. Prior to release or dissemination of any compilations, the state agency shall provide a specified time for hospitals and nursing homes to review the information they have submitted and to submit corrections. The state agency shall incorporate any valid corrections prior to release. Hospitals and nursing homes shall have the right to provide independent data interpretation which shall be disseminated along with the report.

(c) The state agency shall adopt such policies and procedures as necessary to carry out this chapter.

(d) The state agency shall establish the Hospital Discharge Technical Advisory Committee to study issues such as the collection, compilation, dissemination and confidentiality of data regarding hospital discharge and emergency department data reporting. The Committee shall be comprised of 9 members. These members shall include hospital and nursing home representatives from the Delaware Healthcare Association and the Delaware Health Care Facilities Association. The members shall be appointed by the Secretary of the Department of Health and Social Services. Members shall serve a 3-year term and are eligible for reappointment. The state agency may establish other committees as deemed appropriate.

(e) The state agency shall issue annual reports to the General Assembly outlining actions and accomplishments as well as recommendations for changes needed to further the purpose of this chapter.

(f) The state agency may study and issue reports on special medical needs, demographic characteristics, access to health care services and need for financing of health-care services for the entire population or various population subgroups.

(g) The state agency may also study and issue reports on health status issues such as:

(1) The incidence of medical and surgical procedures;

(2) Mortality rates for specified diagnoses and treatments;

(3) Rates of infection for specified diagnoses and treatments;

(4) Morbidity rates for specified diagnoses and treatments;

(5) Readmission rates for specified diagnoses and treatments; and

(6) Rate of incidence for selected diagnoses and procedures.
16 Del. C. § 3004F — Delaware Code / Title 16 / Chapter 30F / Subchapter I / Section 3004F
§ Â
        3004F. Euthanasia in animal shelters.
Status: in_force

(a) Any dog, cat or other animal held by or in the custody of an animal shelter and not adopted, transferred to another shelter or animal rescue group, placed into a free-roaming cat program, or reclaimed by the owner within 5 days may be euthanized, provided that no reasonable alternatives are available and the requirements of subsections (b) and (c) of this section are met.

(b) Animal shelters shall ensure that the following conditions are met before an animal is euthanized:

(1) The holding period for the animal required by this subchapter is expired;

(2) There are no empty cages, kennels, or other living environments in the shelter that are suitable for the animal;

(3) The animal cannot share a cage or kennel with appropriately-sized primary living space with another animal;

(4) A foster home is not available;

(5) Organizations on the registry developed pursuant to § 3003F(d) of this title are not willing to accept the animal;

(6) A visibly healthy cat whose source of origin can be identified and it can be returned to the field; and

(7) The animal care/control manager certifies that the above conditions are met and that such manager has no other reasonable alternative.

(c) Notwithstanding any other provisions of this chapter to the contrary, an animal may be euthanized immediately if necessary to alleviate undue suffering or to protect shelter staff and/or other sheltered animals from an animal’s severe aggression or contagious deadly health condition. The determination of whether euthanasia is necessary pursuant to this subsection shall be made by a licensed veterinarian or, in cases of extreme emergency occurring after regular business hours in circumstances under which a licensed veterinarian is not available, by other appropriately trained staff.

(d) Euthanasia method and procedure. — (1) The Department shall promulgate regulations regarding acceptable methods of euthanasia in animal shelters and regarding sanitation and ventilation of euthanasia areas. The methods included shall be approved or conditionally approved by the most recent American Veterinary Medical Association Guidelines on Euthanasia.

(2) Under no circumstances shall carbon monoxide or carbon dioxide be used as a method of euthanasia.

(3) Any animal shelter performing euthanasia shall have a current policy and procedure manual regarding euthanasia. The policy and procedure manual shall set forth the shelter’s equipment, process, and the procedures for individual separation of animals.

(4) Notwithstanding the provisions of Chapter 33 of Title 24, euthanasia must be performed by:

a. A licensed veterinarian;

b. A nationally certified euthanasia technician; or

c. A licensed veterinary technician; or

d. A person certified by a licensed veterinarian, after passing both a written and practical examination, as proficient to perform euthanasia. Training and certification requirements shall be established by Department regulation in consultation with the Delaware Board of Veterinary Medicine.

(5) If euthanasia is by injection, animals in an animal shelter that are amenable to being controlled shall be lowered to the surface on which they are being held and shall not be permitted to drop or otherwise collapse without support.

(6) The trained staff member performing the euthanasia in animal shelters shall remain in attendance between the time procedures to euthanize the animal are commenced and the time death occurs, and shall verify death has occurred using methods to be determined by regulation.

(7) Sodium pentobarbital may be obtained by an animal shelter with required federal and state permits.
16 Del. C. § 4771 — Delaware Code / Title 16 / Chapter 47 / Subchapter V / Section 4771
§ Â
        4771. Drug paraphernalia [For application of this section, see 80 Del. Laws, c. 38, Ââ6].
Status: in_force

(a) It is unlawful for any person to use, or possess with intent to use, drug paraphernalia.

(b) It is unlawful for any person to deliver, possess with intent to deliver, convert, manufacture, convey, sell, or offer for sale drug paraphernalia, knowing or under circumstances where one should reasonably know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.

(c) This section does not apply to items that are used, or intended primarily for use, with marijuana.
16 Del. C. § 6613 — Delaware Code / Title 16 / Chapter 66 / Subchapter II / Section 6613
§ Â
        6613. Reports from insurance companies; reports of investigations by State Fire Marshal.
Status: in_force

(a) Each fire insurance company or association doing business in this State shall, within 30 days after the adjustment of any loss sustained by it, report to the State Fire Marshal, upon forms furnished by it, such information regarding the amount of insurance, the value of the property insured and the amount of claim as adjusted, as in the judgment of the State Fire Marshal it is necessary for the State Fire Marshal to know. This report shall be in addition to any such information required by the Insurance Commissioner.

(b) Upon the request of the owner or insurer of any property destroyed or injured by fire or explosion, or in which an attempt to cause a fire or explosion may have occurred, the State Fire Marshal, upon approval of the Attorney General’s office, may make a written report to the person requesting the same of the result of the examination made by the State Fire Marshal regarding the property.
16 Del. C. § 5012 — Delaware Code / Title 16 / Chapter 50 / Section 5012
§ Â
        5012. Waiver of rights; voluntary hospitalization.
Status: in_force

(a) An involuntary patient may waive any of the rights provided by this chapter if:

(1) The court determines that such waiver is voluntary and with the involuntary patient’s knowing and intelligent consent; or

(2) Where the involuntary patient is incapable of knowingly and intelligently consenting, the court, upon application by counsel and after appropriate inquiry and finding of facts, approves such waiver for good cause shown.

If the hearing provided for in § 5011 of this title is waived, the court shall enter an order of disposition in accordance with § 5011(c) of this title.

(b) If prior to any hearing the court determines that the involuntary patient has knowingly and voluntarily applied for, and has been accepted for hospitalization pursuant to § 5003 of this title, the action shall be dismissed, and § 5003 of this title shall govern.

(c) A legal guardian may not waive any right of an adult, including any right related to admission and judicial review, under this chapter.
16 Del. C. § 912 — Delaware Code / Title 16 / Chapter 9 / Subchapter I / Section 912
§ Â
        912. Confidentiality; disclosure of records.
Status: in_force

(a) To protect the privacy of the family and the child named in a report, the Department shall establish guidelines concerning the disclosure of information concerning abuse, neglect, or risk of maltreatment involving a child. The Department may require a person to make a written request for access to a record that the Department maintains. The Department may release information only to a person who has a legitimate public safety need for the information or a need based on the health and safety of a child subject to abuse, neglect, or the risk of maltreatment. The information may be used only for the purpose for which the information is released.

(b) A member of a multidisciplinary team may share all information and each record received, prepared, or maintained by or amongst members of the multidisciplinary team to carry out the responsibilities of the multidisciplinary team under law to protect children from abuse and neglect as authorized by the federal Child Abuse Prevention and Treatment Act (42 U.S.C. § 5106a(b)(2)). A multidisciplinary team record is confidential and may be disclosed to a person, including an entity, beyond the multidisciplinary team only as authorized by law or court rule. This chapter does not preclude a member of a multidisciplinary team from asserting a privilege available under the law related to the disclosure of information or a record.

(c) (1) In a Family Court civil proceeding, excluding a juvenile delinquency proceeding, a party may access a record that a children’s advocacy center creates and maintains and is related to a forensic interview and use the record in a court proceeding, but only if the Family Court has found all of the following:

a. The record is relevant under the Family Court rules governing discovery.

b. Access to the record will minimize trauma to the child.

c. Access to the record is in the best interest of the child.

(2) a. A subpoena for a record may not be served on a children’s advocacy center. Access to a record under paragraph (c)(1) of this section must be requested by a written motion filed with the Family Court and properly served on each party to the action and the Department of Justice Special Victims Unit for the county in which the action is pending. The party filing the motion may request that the motion be considered on an expedited basis in accordance with the Court’s rules and procedures.

b. The Department of Justice has standing to respond to a motion filed under this section.

c. If, after review of the motion and response to the motion, if any, the Family Court finds that the party who filed the motion failed to a make a prima facie showing under paragraph (c)(1) of this section, the Court shall dismiss the motion.

d. If the Family Court determines that a prima facie showing under paragraph (c)(1) of this section has been made, the Court shall order the children’s advocacy center that conducted the forensic interview to produce the record to the Court for a confidential review as the Court determines is appropriate.

e. If, after a confidential review of a requested record, the Family Court finds that the motion satisfies paragraph (c)(1) of this section by a preponderance of the evidence, the Court shall permit access to the record, subject to a protective order under paragraph (c)(4) of this section.

(3) This subsection does not preclude a member of a multidisciplinary team from obtaining a record under subsection (b) of this section and using the record in a Family Court civil proceeding.

(4) A Family Court order entered under this subsection that permits access to a record that a children’s advocacy center creates or maintains and is related to a forensic interview the center conducts must include a protective order that does at least all of the following:

a. Protects the identity of the child interviewee and any other child whose identity the Court determines should be protected.

b. Protects the confidentiality of the information contained in the record.

c. Limits the dissemination of the record and the information contained in the record to the person that the Family Court authorizes to receive or review the record.
16 Del. C. § 3010F — Delaware Code / Title 16 / Chapter 30F / Subchapter II / Section 3010F
§ Â
        3010F. Short title.
Status: in_force

This subchapter shall be known and may be cited as the “Animal Population Control Program.”
16 Del. C. § 523 — Delaware Code / Title 16 / Chapter 5 / Subchapter II / Section 523
§ Â
        523. Voluntary treatment.
Status: in_force

Whenever the Division shall discover as a result of its own investigation or as a result of any report required by this chapter that any person has tuberculosis, the Division shall encourage the person to take voluntary treatment to meet the minimum requirements prescribed by the Division.
16 Del. C. § 1421 — Delaware Code / Title 16 / Chapter 14 / Section 1421
§ Â
        1421. Scope and construction of chapter.
Status: in_force

This chapter shall constitute full and complete authority, without regard to any other law for the doing of the acts and things herein authorized, and shall be liberally construed to effect the purposes hereof; provided, however, that nothing herein contained shall be taken as restricting any control which the Department of Health and Social Services, State Highway Department and the Water Pollution Commission are empowered to exercise over or within any authority.

The foregoing sections of this chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers not existing.
16 Del. C. § 3004Q — Delaware Code / Title 16 / Chapter 30Q / Section 3004Q
§ Â
        3004Q. Restrictions; polystyrene foam food service packaging.
Status: in_force

(a) A food establishment may not provide ready-to-eat food to a consumer in polystyrene foam food service packaging.

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

(1) Pre-packaged food.

(2) Food provided to a patient or resident by a health-care provider.

(3) Until July 1, 2026, food provided in a Level IV or Level V Department of Correction facility.

(c) Food establishments are encouraged not to use or sell food that is pre-packaged in polystyrene foam food service packaging.
16 Del. C. § 98A-108 — Delaware Code / Title 16 / Chapter 98A / Section 98A-108
§ Â
        98A-108. Adverse actions.
Status: in_force

A. A home state shall have exclusive power to impose adverse action against an individual’s license issued by the home state.

B. If an individual’s license in any home state is restricted or suspended, the individual is not eligible to practice in a remote state under the privilege to practice until the individual’s home state license is restored.

1. All home state adverse action orders shall include a statement that the individual’s Compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state’s EMS authority.

2. An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from both the home state and remote state’s EMS authority.

C. A member state shall report adverse actions and any occurrences that the individual’s Compact privileges are restricted, suspended, or revoked to the Commission in accordance with the rules of the Commission.

D. A remote state may take adverse action on an individual’s privilege to practice within that state.

E. Any member state may take adverse action against an individual’s privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing an adverse action.

F. A home state’s EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if the conduct had occurred within the home state. In these cases, the home state’s law controls in determining the appropriate adverse action.

G. Nothing in this Compact overrides a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that participation remains confidential if required by the member state’s laws.

Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from the other member state.
16 Del. C. § 6603 — Delaware Code / Title 16 / Chapter 66 / Subchapter I / Section 6603
§ Â
        6603. State Fire Prevention Commission â Organization and meetings.
Status: in_force

(a) The Commission shall elect a Chairperson and Vice Chairperson from among its Commissioners and shall hold regular meetings at least once a month. Special meetings may be called by the Chairperson, by the Vice Chairperson in the absence of the Chairperson, or by 3 Commissioners.

(b) No business shall be transacted by the Commission in the absence of a quorum which shall be 4 Commissioners, 1 of which must be the Chairperson or Vice Chairperson.
16 Del. C. § 6801 — Delaware Code / Title 16 / Chapter 68 / Subchapter I / Section 6801
§ Â
        6801. Persons rendering emergency care exempt from liability.
Status: in_force

(a) Any lay individual who in good faith, without the expectation of monetary or other compensation from the individual aided or treated, renders emergency care or rescue assistance at the scene of any emergency or who undertakes to transport any victim thereof to the nearest medical facility is not liable for any civil damages as a result of any act or omission in rendering the emergency care unless it is established that the injuries or death were caused wilfully, wantonly, or recklessly or by gross negligence.

(b) This section may not be construed to require a lay individual to administer first aid or emergency care to another if the other individual objects.
16 Del. C. § 10009 — Delaware Code / Title 16 / Chapter 100 / Section 10009
§ Â
        10009. Provider records.
Status: in_force

Pursuant to a nondisclosure agreement with the Board and only to the extent required to develop and implement the wireline or wireless E-911 state plans or to accomplish any other lawful purpose directly related to the 911-Enhanced Emergency Reporting System, each provider shall provide relevant information as requested in writing by the Board relating to subscribers, provider specific revenues and expenses and automatic location information. Such information shall remain the exclusive property of the provider notwithstanding any other provision of law and, shall not be disclosed by the Board except pursuant to the terms of the nondisclosure agreement with the provider.
16 Del. C. § 1301 — Delaware Code / Title 16 / Chapter 13 / Section 1301
§ Â
        1301. Pollution of streams supplying drinking water; nuisance; penalty; abatement; jurisdiction.
Status: in_force

(a) No person shall cast, put, place, discharge in or permit or suffer to be cast, put, placed, discharged in or to escape into any running stream of water within the limits of this State, from which stream the inhabitants of any borough, town or city within this State are supplied wholly or in part with water for and as drink or beverage, any dye-stuffs, drugs, chemicals or other substance or matter of any kind whatsoever whereby the water so supplied as and for a drink or beverage is made and becomes noxious to the health or disagreeable to the senses of smell or taste.

(b) Whoever violates subsection (a) of this section shall be fined not less than $5,000 nor more than $15,000.

(c) The Superior Court shall have exclusive jurisdiction of offenses under this section.

(d) In addition to the fine imposed under subsection (b) of this section, the Court shall issue an order for the abatement of the nuisance within 20 days after conviction. Any police officer authorized to make arrests in the jurisdiction in which the conviction takes place shall, under such order, unless the nuisance was abated before the expiration of the time allowed for its abatement, abate the same, and to this end shall enter on the premises from which the nuisance proceeded and arrest, stop and put an end to the business from the carrying on of which or in the process of which the nuisance was created and carried on.
16 Del. C. § 3601 — Delaware Code / Title 16 / Chapter 36 / Section 3601
§ Â
        3601. Title [For application of this section, see 84 Del. Laws, c. 373, Â 3] [Expires Aug. 29, 2028].
Status: in_force

This chapter shall be known as the “Delaware Grocery Initiative.”
16 Del. C. § 6502 — Delaware Code / Title 16 / Chapter 65 / Section 6502
§ Â
        6502. Liability of railroads for burning.
Status: in_force

If any railroad company owning or operating any railroad within this State suffers to remain on any part of the land owned or controlled by it for railroad purposes within this State any brush or other combustible matter, and if such brush or other combustible matter, from any cause whatsoever, is set on fire, and by reason thereof, the property, real or personal, of any person is destroyed or impaired, such railroad company is liable to pay the damages resulting therefrom, to be recovered in the same manner as provided in § 6501 of this title in the case of individuals liable for damages resulting from fire.
16 Del. C. § 6656 — Delaware Code / Title 16 / Chapter 66A / Section 6656
§ Â
        6656. Vested right to pension.
Status: in_force

(a) A member who has 10 years of credited service shall have a vested right to a pension.

(b) A member’s vested right shall be forfeited upon the member’s application for a refund of the member’s accumulated contributions, and the member’s membership shall be cancelled.
16 Del. C. § 2219 — Delaware Code / Title 16 / Chapter 22 / Section 2219
§ Â
        2219. Appeal; rules of procedure.
Status: in_force

(a) Any party to the proceedings may appeal an order of discharge or involuntary treatment to the Supreme Court within 30 days of the entry of such order. The appeal shall not operate as a stay of the order of disposition unless the court or the Supreme Court so directs.

(b) The Superior Court and the Family Court may adopt such rules of procedure as may be required to implement the procedural requirements of this chapter.
16 Del. C. § 10401 — Delaware Code / Title 16 / Chapter 104 / Section 10401
§ Â
        10401. Purpose.
Status: in_force

The purpose of this chapter is to provide a mechanism to safely remove illegal, unsecured, abandoned, or unwanted firearms from local communities.
16 Del. C. § 4761 — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4761
§ Â
        4761. Illegal possession and delivery of noncontrolled prescription drugs.
Status: repealed

(a) Any person who knowingly or intentionally possesses, uses or consumes any prescription drug that is not a controlled substance but for which a prescription is required shall be guilty of an unclassified misdemeanor, unless:

(1) The possession, use or consumption of such substance was by a person who obtained the substance directly from, or pursuant to, a valid prescription or order of a licensed practitioner;

(2) The possession or transfer of such substance was for medical or scientific use or purpose by persons included in any of the following classes, or the agents or employees of such persons, for use in the usual course of their business or profession or in the performance of their official duties:

a. Pharmacists.

b. Practitioners.

c. Persons who procure controlled substances in good faith and in the course of professional practice only, by or under the supervision of pharmacists or practitioners employed by them, or for the purpose of lawful research, teaching, or testing, and not for resale.

d. Hospitals that procure controlled substances for lawful administration by practitioners, but only for use by or in the particular hospital.

e. Officers or employees of state, federal, or local governments acting in their official capacity only, or informers acting under their jurisdiction.

f. Common carriers.

g. Manufacturers, wholesalers, and distributors.

h. Law-enforcement officers for bona fide law-enforcement purposes in the course of an active criminal investigation.

(3) The possession or transfer is otherwise authorized by this chapter.

(b) [Repealed.]

(c) A violation of subsection (a) of this section by a person who delivers or intends to deliver the prescription drug to another is a class G felony.

(d) A violation of subsection (a) of this section by a person who delivers or intends to deliver the prescription drug to another and an aggravating factor applies, is a class F felony.

(e) Affirmative defenses. — (1) In any prosecution under this section, it is an affirmative defense that the prescription drug was possessed by the person while transporting the prescription drug to a member of the person’s household who possessed a valid prescription for the drug, and the prescription was in the original container in which it was dispensed or packaged, a pill box, or other daily pill container.

(2) In any prosecution under this section, it is an affirmative defense that the prescription drug was possessed or consumed within the residence of the person, that a member of the person’s household possessed a valid prescription for the drug, that the possession or consumption by the person was for the purpose of treating an illness and that the drug in question was approved for the specific illness.

(f) Proof. — In any prosecution under this section, proof that a substance is a particular prescription drug may be inferred from its labeling and any representations on the substance. Proof by testimony from a scientist is not required.
16 Del. C. § 5520 — Delaware Code / Title 16 / Chapter 55 / Subchapter II / Section 5520
§ Â
        5520. Liability for maintenance of patient; collection remedies.
Status: in_force

(a) Any person committed to or placed in Stockley Center shall at all times be liable for the care, maintenance and support furnished to and received by such person while a patient of Stockley Center. Nothing in this section shall relieve from liability for the support of the patient, any person liable under any other law of this State.

(b) The Department of Health and Social Services shall keep an account of the cost of the care, maintenance and support furnished each patient while in Stockley Center and shall credit against the account all moneys received from the patient or from any other person for or on behalf of the patient.

(c) The Department may collect from any patient, or from the trustee for any patient, or out of the property, moneys and effects of any patient, all moneys necessary to discharge and pay all liability of the patient for the patient’s care, maintenance and support.

(d) The Department may also proceed for the recovery of the moneys necessary for the care, maintenance and support in an action to be brought in any court of competent jurisdiction in the name of the Department of Health and Social Services or by petition to the Court of Chancery if the patient has been ascertained to be mentally incompetent, or to be a person with developmental disabilities, by inquisition duly held.
16 Del. C. § 2213A — Delaware Code / Title 16 / Chapter 22A / Section 2213A
§ Â
        2213A. Misrepresentation of certification.
Status: in_force

(a) Unless certified under this chapter, it is unlawful for an operator to advertise, imply, or represent that a recovery house is certified. Violation of this subsection is a civil violation punishable by a fine of no more than $ 20,000. No fine will be assessed if an operator is actively remedying a violation. For the purposes of this subsection, each day a violation occurs is a separate violation.

(b) Whenever a court determines the amount of a fine assessed under subsection (a) of this section, the court shall consider the operator’s history of violations.
16 Del. C. § 1119B — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1119B
§ Â
        1119B. Pediatric nursing services.
Status: in_force

A facility that provides services to a resident younger than 18 years of age shall ensure all of the following:

(1) Nursing services for a resident younger than 18 years of age are provided by staff who have received training and demonstrated competence in the care of children.

(2) Consultative pediatric nursing services are available to the staff.
16 Del. C. § 1118 — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1118
§ Â
        1118. Third-Party reimbursement.
Status: in_force

Consistent with federal law, 42 U.S.C. § 1395i-3(c)(5), with respect to admissions policy and practices, a long-term care facility must not require a third-party guarantee or payment to the facility as a condition of admission or expedited admission to, or continued stay in the facility.
16 Del. C. § 9008 — Delaware Code / Title 16 / Chapter 90 / Section 9008
§ Â
        9008. Management of Fund.
Status: in_force

The Health Facilities Subsidy Fund shall be managed by the State Treasurer in conformance with policies promulgated by the Cash Management Policy Board (established pursuant to § 2716 of Title 29). Interest earned or profit realized from investment of money on deposit in the Health Facilities Subsidy Fund shall be retained in such Fund.
16 Del. C. § 9604 — Delaware Code / Title 16 / Chapter 96 / Section 9604
§ Â
        9604. The Commission for Statewide Contracts to Support Employment for Individuals with Disabilities â Powers and duties; community rehabilitation programs and central nonprofit agencies.
Status: repealed

(a) The Commission for Statewide Contracts to Support Employment for Individuals with Disabilities shall promote an expanded and constant market for products and services of CRPs and other employers of individuals with visual impairments and other disabilities.

(1) At scheduled and noticed commission meetings, the Director of the Division for the Visually Impaired, Director of the Ability Network of Delaware, or the Commission representative of a CRP that employs individuals with disabilities shall propose to the Commission potential set-aside contracts with agencies and the price of products manufactured and services provided by a CRP or CNA that are offered for sale to the various agencies of this State.

(2) The price of a commission-approved, contracted set-aside shall recover for a CRP or CNA the cost of raw materials, labor, overhead, and delivery. The Commission may do any of the following:

a. Revise such prices from time to time in accordance with changing cost factors. Prior to the Commission voting on a proposal to revise prices, a subcommittee of the Commission shall review a proposal to revise prices and provide the Commission with advice regarding the proposal.

b. Make such rules and regulations concerning specifications, time of delivery, and other matters of operation as shall be necessary to carry out the purposes of the CRPs or CNAs and this chapter.

(b) The Commission shall create subcommittees to facilitate its work. The subcommittees shall advise the Commission and provide technical assistance to the Commission in areas such as employment practices, sales promotion, public relations, market development, market analysis, and budget preparation.

(c) [Repealed.]

(d) The Commission shall notify, in writing, Government Support Services whenever it grants a set-aside contract with agencies and establishes a price for the products or services to be sold to agencies pursuant to that contract. Government Support Services shall publish a list of products and services provided by CRPs or CNAs that the Commission recommends as suitable for procurement by agencies of this State pursuant to this chapter.

(e) The Commission shall promulgate regulations to govern its operations. The regulations shall address, at a minimum, the processes by which all of the following occur:

(1) CNAs are selected.

(2) Contracts, or portions of contracts, are set aside and awarded to CNAs or CRPs.

(3) Prices are set.
16 Del. C. § 1119A — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1119A
§ Â
        1119A. Confidentiality of resident records.
Status: in_force

To protect the privacy of residents of a long-term care facility, the Department shall establish guidelines to protect the confidentiality of any records, documents, or files pertaining to such residents.
16 Del. C. § 6617 — Delaware Code / Title 16 / Chapter 66 / Subchapter III / Section 6617
§ Â
        6617. Location; supervision; purposes.
Status: in_force

There is established in the Dover area a state institution known as the Delaware State Fire School. The Delaware State Fire School shall be under the supervision and control of the State Fire Prevention Commission to effectuate the following purposes:

(1) To provide firefighters and first responders with needed professional instruction and training at a minimum cost to them and their employers;

(2) To develop new methods and practices of fire fighting;

(3) To provide facilities for testing fire fighting equipment;

(4) To disseminate information relative to fires, techniques of fire fighting and other related subjects to all interested agencies and individuals throughout the State;

(5) To undertake any project and engage in any activity which in the opinion of the Fire Prevention Commission will serve to protect the public safety.
16 Del. C. § 5507 — Delaware Code / Title 16 / Chapter 55 / Subchapter I / Section 5507
§ Â
        5507. Due process.
Status: in_force

Some persons diagnosed with intellectual disabilities or other specific developmental disabilities may be unable, due to the severity of their disability, to exercise for themselves all of their rights in a meaningful way. For others, modification of some or all of these rights is appropriate. The procedure used for modification or denial of rights must contain proper legal safeguards against every form of abuse; must be based on an evaluation of the social capability of the person diagnosed with an intellectual disability or other specific developmental disabilities by qualified experts; and must be subject to periodic reviews, and to the right of appeal to higher authorities.
16 Del. C. § 804D — Delaware Code / Title 16 / Chapter 8D / Section 804D
§ Â
        804D. Perinatal mood and anxiety screening.
Status: in_force

Perinatal health-care providers shall begin evaluations and take action when they recognize symptoms of perinatal mood and anxiety disorder, when a person screens positive for perinatal mood and anxiety disorders, or when they observe that care for a child suffers.
16 Del. C. § 6404A — Delaware Code / Title 16 / Chapter 64 / Section 6404A
§ Â
        6404A. Requirements for commercial bungee jumping operations.
Status: in_force

(a) A person operating a bungee jump for use by paying customers shall file with the office of the State Fire Marshal, in the manner required by this chapter, the inspection certificate and insurance policy required by this section, or a photocopy of such a certificate or policy authorized by the Fire Marshal.

(b) Any person operating a bungee jump for use by paying customers which has been registered with the Fire Marshal shall be periodically inspected by a representative of the office of the State Fire Marshal.

(c) The State Fire Prevention Commission shall promulgate regulations relating to safety standards for the operation of commercial bungee jumps.
16 Del. C. § 4775 — Delaware Code / Title 16 / Chapter 47 / Subchapter V / Section 4775
§ Â
        4775. Consideration of factors.
Status: in_force

Transferred to § 4772 of this title by 73 Del. Laws, c. 359, § 2, effective July 8, 2002.
16 Del. C. § 807A — Delaware Code / Title 16 / Chapter 8A / Section 807A
§ Â
        807A. Family resources.
Status: in_force

Families shall be provided with unbiased information in a family-centered, culturally competent manner and offered the full range of early intervention services and treatment options available for hearing loss. Opportunities for early intervention shall be consistent with the child’s needs, family’s goals, and preferences, and be provided in a seamless, unambiguous manner to ensure informed transitions through services.

Appropriate early intervention opportunities may include information regarding amplification options, such as hearing aids or cochlear implants, aural habilitation and communication options (manual language, spoken language, total communication), and family support.
16 Del. C. § 6409 — Delaware Code / Title 16 / Chapter 64 / Section 6409
§ Â
        6409. Penalties.
Status: in_force

(a) A person commits an offense if the person fails to comply with any requirement under § 6404 or § 6405 of this title.

(b) A sponsor, lessor, landowner or other person responsible for an amusement ride being offered for use by the public commits an offense if the person fails to provide the required information or provides false information under § 6406 of this title.

(c) An offense under this chapter is a class C misdemeanor.

(d) Each day a violation of this chapter is committed constitutes a separate offense.
16 Del. C. § 3207 — Delaware Code / Title 16 / Chapter 32 / Section 3207
§ Â
        3207. Violations.
Status: in_force

Any person or entity who violates any provision of this chapter shall be fined $100 for each violation.
16 Del. C. § 2702 — Delaware Code / Title 16 / Chapter 27 / Subchapter I / Section 2702
§ Â
        2702. Duties of public officers.
Status: in_force

Every public officer of this State or of any agency, county or political subdivision thereof, who shall have or receive custody or control of the body of any decedent, other than a dead body on which an autopsy has been performed pursuant to § 4707 of Title 29, and which body is not claimed within a reasonable time by a surviving spouse or relative of the decedent but not less than 120 hours following the death of the decedent, and which body will require burial at the expense of the State or of any agency, county or political subdivision thereof, shall forthwith notify the Medical Council of the existence and location of the dead body and of any identification thereof.
16 Del. C. § 9920-9927 — Delaware Code / Title 16 / Chapter 99 / Subchapter IV / Section 9920-9927
§ ÂÂ
        9920-9927.  Purpose; creation of Delaware Health Information Network; powers and duties; Immunity from suit; limitation of liability; property rights; regulations; resolution of disputes; privacy; protection of information; no pledge of state credit; no assumption of liability by State [Transferred].
Status: in_force

Transferred to §§ 10301 to 10308 of this title by 77 Del. Laws, c. 368, § 16, effective Jan. 1, 2011.
16 Del. C. § 4794 — Delaware Code / Title 16 / Chapter 47 / Subchapter VII / Section 4794
§ Â
        4794. Short title.
Status: in_force

This chapter may be cited as the “Controlled Substances Act.”
16 Del. C. § 4760 — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4760
§ Â
        4760. Maintaining a drug property; class F felony.
Status: in_force

Any person who is the owner, landlord, or tenant of a property, including a dwelling, a building, a store or a business, and who knowingly consents to the use of the property by another for the manufacture of, delivery of, or possession with the intent to manufacture or deliver, controlled substances, shall be guilty of a class F felony.
16 Del. C. § 1006A — Delaware Code / Title 16 / Chapter 10A / Section 1006A
§ Â
        1006A. Correctional facility reports.
Status: in_force

(a) Correctional facilities shall collect data on healthcare associated infections related to specific clinical procedures resulting from care in the correctional facility, as determined by the Advisory Committee and as set forth in regulations promulgated by the Department. These categories of infection data may differ from that information required from hospitals.

(b) Correctional facilities shall report data to the Department in accordance with regulations of the Department. The information from the correctional facilities shall be segregated from the hospital data contained in the reports submitted pursuant to this chapter.
16 Del. C. § 9904A — Delaware Code / Title 16 / Chapter 99 / Subchapter I / Section 9904A
§ Â
        9904A. Primary Care Reform Collaborative.
Status: in_force

(a) The Commission shall convene a Primary Care Reform Collaborative (“Collaborative”) to assist with the development of recommendations to strengthen the primary care system in this State. The Collaborative may collect and accept advice and input from stakeholders, including the Delaware health-care and patient community.

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

(1) The Commission Chairperson. The Commission Chairperson is chair of the Collaborative.

(2) The Chair of the Senate Health & Social Services Committee.

(3) The Chair of the House Health & Human Development Committee.

(4) One member, appointed by the Governor from a list of names provided by the Medical Society of Delaware.

(5) One member, appointed by the Governor from a list of names provided by the Delaware Nurses Association.

(6) One member, appointed by the Governor from a list of names provided by the Delaware Healthcare Association.

(7) Two members representing insurance carriers, appointed by the Governor.

(8) The Secretary, Department of Health and Social Services.

(9) The Director, Division of Medicaid and Medical Assistance.

(10) The Insurance Commissioner, Insurance Department.

(11) The Chair, State Employee Benefits Committee.

(12) One member representing a Federally Qualified Health Center, appointed by the Governor.

(c) The Commission may also require the submission of written reports by any health insurer, as defined in § 4004 of Title 18, to the extent permitted under federal law, and any hospital or acute health-care facility licensed under Chapter 10 of this title, regarding all of the following matters:

(1) The hospital’s, acute health-care facility’s, or health insurer’s progress in adopting and implementing value-based payment models during the fiscal year immediately preceding the annual reporting deadline and the overall progress of the reporting entity on having at least 60% of Delawareans attributed to meaningful value-based payment models by 2025.

(2) The hospital’s, acute health-care facility’s, or health insurer’s efforts to support primary care access and primary care practitioners in the State, including financial, operational, and other support, in conjunction with the adoption of meaningful value-based payment models.

(d) (1) A quorum of the Collaborative is a majority of its members.

(2) Official action by the Collaborative requires the approval of a quorum of the Collaborative.

(3) The Collaborative may adopt rules necessary for its operation.
16 Del. C. § 3603 — Delaware Code / Title 16 / Chapter 36 / Section 3603
§ Â
        3603. Grants and financial support [For application of this section, see 84 Del. Laws, c. 373, Â 3] [Expires Aug. 29, 2028].
Status: in_force

(a) This chapter codifies the Program under the Delaware Grocery Initiative.

(b) The Division shall, subject to, appropriation, establish the Delaware Grocery Initiative to expand access to healthy foods in food deserts in Delaware and areas at risk of becoming food deserts in Delaware by providing grants and other forms of financial assistance to an eligible food resource, nonprofit food resource, local governmental unit food resource, or specialty grocer. The Division may:

(1) Enter into contracts, grants, or other agreements to administer the Delaware Grocery Initiative.

(2) Place limits on the size of the food resources that are eligible for grants and other financial assistance under this initiative.

(3) Award grants and other financial assistance to eligible food resources, nonprofit food resources, local governmental unit food resources, or specialty grocers based on poverty rates, income, geographic diversity, local ownership, access to food resources in the area surrounding proposed project locations, and other factors as determined by the Division.

(4) Award grants and other financial assistance for any 1 or more of the following: equipment, capital expenses, operational expenses, administrative expenses, supplies or other costs as determined by the Division.

(c) The Division shall share information and findings from the Healthy Food Retail Initiative to inform and make available technical assistance and counseling to Program participants. The Division may rely on the Division’s regional business managers to provide 1-on-1 counseling to the Program participants and assist Program participants to navigate regulatory processes, streamline compliance requirements, and access capital and other funding opportunities.
16 Del. C. § 4799D — Delaware Code / Title 16 / Chapter 47 / Subchapter VIII / Section 4799D
§ Â
        4799D. Confidentiality of records and immunity from suit.
Status: in_force

(a) The records of the Commission and of all regional review teams, including original documents and documents produced in the review process with regard to the facts and circumstances of each death, shall be confidential and shall not be released to any person except as expressly provided in this subchapter. Such records shall be used by the Commission, and any regional review team, only in the exercise of the proper function of the Commission or review team, and shall not be public records and shall not be available for court subpoena or subject to discovery. Subject to constitutional requirements, statements, records or information shall not be subject to any statute or rule that would require those statements to be disclosed in the course of a criminal trial or associated discovery. Aggregate statistical data compiled by the Commission or regional review teams, however, may be released at the discretion of the Commission or regional review teams.

(b) Members of the Commission and regional review teams, and their agents and employees, shall not be subject to, and shall be immune from, claims, suits, liability, damages or any other recourse, civil or criminal, arising from any act, proceeding, decision or determination undertaken or performed or recommendation made, provided such persons acted in good faith and without malice in carrying out their responsibilities authority, duties, powers and privileges of the offices conferred by this law upon them or any other provisions of the Delaware law, federal law or regulations, or duly adopted rules and regulations of the Commission or its regional review teams. Complainants shall bear the burden of proving malice or a lack of good faith to defeat the immunity provided herein.

(c) No person in attendance at a meeting of the Commission or regional review team shall be required to testify as to what transpired thereat. No organization, institution or person furnishing information, data, reports or records to the Commission or any regional review team with respect to any subject examined or treated by such organizations, institution, or person, by reason of furnishing such information, shall be liable in damages to any person or subject to any other recourse, civil or criminal.
16 Del. C. § 2530 — Delaware Code / Title 16 / Chapter 25 / Section 2530
§ Â
        2530. Transitional provision.
Status: in_force

This chapter applies to an advance health-care directive created before, on, or after September 30, 2025.
16 Del. C. § 9301 — Delaware Code / Title 16 / Chapter 93 / Section 9301
§ Â
        9301. Purpose.
Status: in_force

It is the purpose of this chapter to assure that there is continuing public scrutiny of certain health-care developments which could negatively affect the quality of health care or threaten the ability of health-care facilities to provide services to the medically indigent. This public scrutiny is to be focused on balancing concerns for cost, access and quality.
16 Del. C. § 1206A — Delaware Code / Title 16 / Chapter 12A / Section 1206A
§ Â
        1206A. Confidentiality of HIV test results.
Status: in_force

A person who has knowledge of the identity of any person upon whom an HIV related test is performed, or the results of such test, in accordance with this chapter, shall maintain the confidentiality of that information pursuant to § 717 of this title.
16 Del. C. § 1203A — Delaware Code / Title 16 / Chapter 12A / Section 1203A
§ Â
        1203A. Notification by a receiving medical facility.
Status: in_force

(a) Each receiving medical facility shall designate an officer or individual who shall receive completed forms as specified by § 1202A(c) of this title, and who shall insure compliance with the requirements of this section.

(b) If, within 30 days after a patient is admitted or treated, a receiving medical care facility determines whether or not the emergency medical care provider has been exposed to a communicable disease, the receiving medical facility shall so notify the officer designated pursuant to § 1202A(b) of this title as soon as possible, but in no case more than 48 hours after that determination. The receiving medical facility shall base this determination upon information provided in the request for notification made pursuant to § 1202A(c) of this title and patient records or a finding at the facility.

(c) If, after expiration of the 30-day period, the receiving medical facility cannot determine whether or not the emergency medical care provider has been exposed to a communicable disease, the receiving medical facility shall notify the officer designated pursuant to § 1202A(b) of this title as soon as possible, but not more than 48 hours after expiration of the 30-day period.

(d) If a request for notification has been made pursuant to § 1202A(c) of this title, the receiving medical facility shall provide to the Division a copy of the form which shall include information about whether or not the patient is infected with a communicable disease; and if exposure to the patient is considered by the receiving medical facility to be in a manner known to transmit that communicable disease. The Division shall settle any disputes regarding whether or not an emergency medical care provider has or has not been exposed to a communicable disease.
16 Del. C. § 1006 — Delaware Code / Title 16 / Chapter 10 / Subchapter I / Section 1006
§ Â
        1006. Denial or revocation of license, hearings and appeal.
Status: in_force

(a) The Department shall have the authority to deny, suspend, or revoke a license in any case where it finds that there has been a failure to comply with this chapter or the rules and regulations issued under this chapter or the Health-Care Associated Infections Disclosure Act [Chapter 10A of this Title] § 1731A of Title 24 or § 903 of this title.

(b) Before a license issued under this chapter is denied, suspended or revoked, notice shall be given in writing to the holder of the license setting forth the particular reasons for such action. Denial, suspension or revocation of a license shall become effective 30 days after the mailing by registered mail or personal service of the notice, unless the applicant or licensee within such 30 day period shall give written notice to the Department requesting a hearing, in which case the notice shall be deemed to be suspended. If a hearing has been requested, the applicant or licensee shall be given an opportunity for a prompt and fair hearing before the Department. At any time at or prior to the hearing, the Department may rescind the notice of denial, suspension or revocation, upon being satisfied that the reasons for such action have been or will be removed. A copy of the decision of the Department setting forth the finding of facts and the particular reasons for the decision shall be sent by registered mail or served personally upon the applicant or licensee. The decision shall become final 30 days after it is so mailed or served unless the applicant or licensee within such 30-day period appeals the decision to the Superior Court. A copy of said notice of appeal must be provided simultaneously to the Department. The Department shall promptly certify and file with the Court a copy of the record and decision, including the transcript of the hearings on which the decision is based. Proceedings thereafter shall be governed by the Rules of the Superior Court of the State.

(c) The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the Department. A full and complete record shall be kept of all proceedings and all testimony.
16 Del. C. § 3158 — Delaware Code / Title 16 / Chapter 31 / Subchapter III / Section 3158
§ Â
        3158. Crematory or natural organic reduction facility; approval for construction; requirements; inspection [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

(a) A person, firm, organization, or association desiring to acquire, erect, or construct a crematory or natural organic reduction facility shall first obtain approval from the Department of Natural Resources and Environmental Control.

(b) The crematory or natural organic reduction facility must be constructed in accordance with regulations adopted under Chapters 60 and 79 of Title 7 and may not be located, managed, or conducted at any time in such a way as to be a public nuisance.

(c) The crematory or natural organic reduction facility is subject at all times to inspection by the Department of Natural Resources and Environmental Control, the Department of Health and Social Services, and by officers of the state law-enforcement departments as may desire to inspect it.
16 Del. C. § 5541 — Delaware Code / Title 16 / Chapter 55 / Subchapter IV / Section 5541
§ Â
        5541. Definitions.
Status: in_force

For the purposes of this subchapter:

(1) “Agencies” shall include both public and private agencies and associations.

(2) “Autism spectrum disorders” (“ASD”) shall have the same definition as in the current edition of the “Diagnostic and Statistical Manual of Mental Disorders” published by the American Psychiatric Association. “Autism spectrum disorders” (“ASD”) shall also include related developmental disabilities whenever people with these disabilities can also benefit from the improvements and enhancements identified for people with ASD.

(3) “People living with ASD” shall include the person with ASD and their legal guardian or guardians.
16 Del. C. § 3011E — Delaware Code / Title 16 / Chapter 30E / Subchapter II / Section 3011E
§ Â
        3011E. Definitions.
Status: in_force

For purposes of this subchapter:

(1) “Administer” means the direct application of an epinephrine autoinjector to the body of an individual.

(2) “Dispensing” means providing 1 or more epinephrine autoinjectors according to an order of a licensed health-care provider.

(3) “Epinephrine autoinjector” means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.

(4) “Institution of higher education” means a public or private educational institution, physically located in this State, that provides a program of education beyond the high school level and awards an associate’s, bachelor’s, or advanced degree.

(5) “Licensed health-care provider” means a physician or an individual licensed and authorized to write prescriptions for individuals under Title 24.

(6) “Records’' means the recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data, and other documentation generated by the State Emergency Medical Services Medical Director.

(7) “Self-administration” means the process whereby an individual gives themselves a single dose of epinephrine from a previously dispensed, properly labeled autoinjector.
16 Del. C. § 2608 — Delaware Code / Title 16 / Chapter 26 / Section 2608
§ Â
        2608. Oversight of Delaware State Lead-Based Paint Program.
Status: in_force

(a) The Department shall operate the Program.

(b) The Secretary of the Department shall appoint an employee of the Department as the Program Director.

(c) The Program Director shall have full authority and responsibility for the Program. The Secretary may use discretionary funds allocated to the Department to provide contract support to the Program, however, the Program Director and Secretary of the Department are ultimately responsible and accountable for the Program.
16 Del. C. § 10113 — Delaware Code / Title 16 / Chapter 101 / Subchapter II / Section 10113
§ Â
        10113. Liability; records; confidentiality.
Status: in_force

(a) The provisions of §§ 10008, 10009, and 10010 of this title shall apply to providers and sellers of prepaid wireless telecommunications service.

(b) No provider or seller of prepaid wireless telecommunications service shall be liable for damages to any person resulting from or incurred in connection with the provision of any lawful assistance to any investigative or law-enforcement officer of the United States, this or any other state, or any political subdivision of this or any other state, in connection with any lawful investigation or other law-enforcement activity by such law-enforcement officer.
16 Del. C. § 2406 — Delaware Code / Title 16 / Chapter 24 / Section 2406
§ Â
        2406. Workplace chemical list.
Status: in_force

(a) Employers shall compile and maintain a workplace chemical list which shall contain the following information for each hazardous chemical normally used or stored in the workplace in excess of 55 gallons or 500 lbs.:

(1) The chemical name or the common name used on the MSDS and/or container label; and

(2) The work area in which the hazardous chemical is normally stored or used.

(b) The workplace chemical list shall be updated as necessary but not less than annually.

(c) The workplace chemical list may be prepared for the workplace as a whole or for each work area, provided that the list is readily available to employees and their representatives. New or newly assigned employees shall be made aware of the workplace chemical list before working with or in a work area containing hazardous chemicals.

(d) The workplace chemical list shall be provided to the Secretary upon request.

(e) The workplace chemical list shall be maintained by the employer for 30 years. Complete records shall be sent to the Secretary if the business ceases to operate within the State.
16 Del. C. § 5010 — Delaware Code / Title 16 / Chapter 50 / Section 5010
§ Â
        5010. Discharge by the hospital.
Status: in_force

Notwithstanding the pendency of the action or any order previously entered by the court, if at any time after the complaint is filed the hospital determines that the involuntary patient no longer meets the criteria for provisional admission or involuntary inpatient commitment, the hospital shall so certify in writing and immediately discharge the person and advise the court of its determination and the discharge. Upon receipt of such certification, the court shall dismiss the action. A person involuntarily hospitalized pursuant to the emergency detention, provisional admission or involuntary commitment sections of this chapter may be discharged pursuant to this section without further order of the court.
16 Del. C. § 2304 — Delaware Code / Title 16 / Chapter 23 / Section 2304
§ Â
        2304. Penalties.
Status: in_force

Whoever violates this chapter shall be fined not more than $200 or imprisoned not more than 90 days, or both.
16 Del. C. § 6714 — Delaware Code / Title 16 / Chapter 67 / Section 6714
§ Â
        6714. Penalties.
Status: in_force

The registered owner of every vehicle subject to this chapter shall comply with this chapter and all regulations adopted hereunder. For a violation of any regulation adopted under the authority of this chapter, the Commission may revoke or suspend the permit for all vehicles owned or operated by the violator.
16 Del. C. § 932A — Delaware Code / Title 16 / Chapter 9 / Subchapter III / Section 932A
§ Â
        932A. Investigation and review of suspected child victims of human trafficking.
Status: in_force

(a) The Attorney General, the Department of Services for Children, Youth and Their Families, and any other state or local agency with responsibility for investigating child victims of human trafficking shall report to the Commission, through the Office of the Child Advocate, a child who is suspected to be a victim of human trafficking.

(b) The Commission Chair shall appoint a committee to review each investigation under this section, which may be the same committee appointed under § 932 of this title, and a panel to conduct investigations on suspected child victims of human trafficking. The members of the committee and panel, together with staff, contractors, or volunteers designated to assist the committee and oversight team are considered agents of the Commission under § 935 of this title.

(c) Within 3 months of a report to the Commission under subsection (a) of this section, the panel appointed under subsection (b) of this section shall commence a review of the facts and circumstances of the suspected human trafficking of a child. Absent good cause, the review must conclude within 12 months.

(d) Notwithstanding a requirement of § 931(b) of this title to the contrary, the Commission shall, if necessary, make system-wide findings or recommendations arising from an investigation and review conducted under this section.

(1) The Commission shall provide its findings or recommendations, if any, to the Governor, the General Assembly, the Director and Librarian of the Division of Legislative Services, and the public within 20 days of the approval of the findings or recommendations made under this section.

(2) Summary information, a finding, or a recommendation released by the Commission under this subsection must comply with applicable state and federal confidentiality provisions, including those under § 934 of this title and § 9017(c) of Title 29.

(3) Notwithstanding a provision of this subchapter to the contrary, summary information, a finding, or a recommendation that the Commission releases under this subsection may not specifically identify an individual or nongovernmental agency, organization, or entity.

(4) In addition to the Commission’s release of findings or recommendations, the Commission may release to the public summary information and findings resulting from reviews of suspected human trafficking of children. The Commission may release summary information only upon completion of the prosecution and only if the release complies with paragraph (d)(2) of this section.

(e) For purposes of this section, “completion of the prosecution” means the decision to file no information or seek no indictment, conviction or adjudication, acquittal, dismissal of an information or indictment by a court, the conditional dismissal under a program established by Delaware law or a court, or the nolle prosequi of an information or indictment by the Attorney General.
16 Del. C. § 1420 — Delaware Code / Title 16 / Chapter 14 / Section 1420
§ Â
        1420. Transfer of projects to municipalities; conditions; termination of authorities.
Status: in_force

When any authority shall have paid or provided for the payment of the principal of and the interest on all bonds secured by a pledge of any of the revenues of a project, it may (subject to any agreements concerning the operation or disposition of such project) grant and convey such project to the municipality or municipalities composing the authority. When any authority shall have paid or made provisions for the payment of the principal of and the interest on all bonds issued by it and settled all other claims against it, it may terminate its existence. A certificate, requesting the termination of the existence of the authority, signed by the proper officers of the authority and stating that the principal of and the interest on all bonds issued by it have been paid or that provisions for such payment have been made and that all claims against the authority have been settled shall be filed with the Secretary of State. If the certificate is approved by the municipality or municipalities composing the authority by ordinance or resolution, the Secretary of State shall note the termination of existence on the records of the Secretary of State and issue its certificate of approval to the board and thereupon the authority shall cease to exist.
16 Del. C. § 10403 — Delaware Code / Title 16 / Chapter 104 / Section 10403
§ Â
        10403. Program.
Status: in_force

The CFRP is hereby established and shall be implemented by the agencies as funds are allocated. Within 3 months of receipt of funding, the agency shall:

(1) In coordination with the community groups within its jurisdiction, select a location site for purposes of implementing a Community Firearm Recovery Program; and,

(2) Designate dates and times when a participating individual may surrender a firearm as defined in § 10402(3) of this title in exchange for funds of a predetermined value, or gift certificate or coupon of equal value. The participating agency shall determine the amounts to be exchanged for each firearm surrendered.
16 Del. C. § 183 — Delaware Code / Title 16 / Chapter 1 / Subchapter VII / Section 183
§ Â
        183. Services performed by clinics.
Status: in_force

The clinics shall render and perform, free of charge, optometric services as shall be ordered and directed by the Secretary or the Secretary’s designee for those persons who upon application to the Secretary or the Secretary’s designee are found to be unable to pay for such services either in whole or in part.
16 Del. C. § 157 — Delaware Code / Title 16 / Chapter 1 / Subchapter IV / Section 157
§ Â
        157. Rights of patients.
Status: in_force

Each patient of the Hospital shall be entitled to all the patient rights set forth in subchapter II of Chapter 11 of this title, and all sections in said subchapter II shall apply to the patients of the Emily P. Bissell Hospital.
16 Del. C. § 3017F — Delaware Code / Title 16 / Chapter 30F / Subchapter II / Section 3017F
§ Â
        3017F. Enforcement, violations and penalties.
Status: repealed

(a) The Department shall adopt regulations pursuant to this subchapter relative to:

(1) Format and content of all forms required under this subchapter.

(2) Proof of eligibility under § 3015F of this title.

(3) Administration of the Fund.

(4) Any other matter necessary for the administration or enforcement of the Program and Spay Neuter Fund established under this subchapter.

(b) Any person or organization that knowingly falsifies proof of eligibility for, or participation in, any program established under this chapter, or who knowingly furnishes any licensed veterinarian with inaccurate information concerning ownership of a pet submitted for sterilization, or who falsifies an animal sterilization certificate shall be subject to a minimum mandatory fine, of $250. The Department may deny future participation in the program to an individual or organization that violates this subsection.

(c) [Repealed.]

(d) Agency failure to spay/neuter an animal of reproductive age:

(1) Any agency, organization, or other entity cited under § 3016F of this title for failing to comply with the mandatory pre-adoption spay/neuter and rabies inoculation program set forth in this subchapter is subject to a mandatory minimum fine of $500, for each violation of this subchapter.

(2) An agency’s holding of animals of reproductive age until such time as said animals are the subject of an adoption application does not constitute a violation of this subchapter.

(e) All fines collected in association with this subchapter shall be deposited in the Spay/Neuter Fund.
16 Del. C. § 9409A — Delaware Code / Title 16 / Chapter 94A / Section 9409A
§ Â
        9409A. Access to information.
Status: in_force

(a) A supporter may assist the principal with obtaining any information to which the principal is entitled, including, with a signed and dated specific consent, protected health information under the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) or educational records under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g).

(b) The supporter shall ensure all information collected on behalf of the principal under this section is kept privileged and confidential, as applicable; is not subject to unauthorized access, use, or disclosure; and is properly disposed of when appropriate.
16 Del. C. § 3006G — Delaware Code / Title 16 / Chapter 30G / Section 3006G
§ Â
        3006G. Limitations.
Status: in_force

Nothing in this chapter mandates that an agency require its public safety personnel to carry or administer an opioid antagonist.
16 Del. C. § 3032F — Delaware Code / Title 16 / Chapter 30F / Subchapter III / Section 3032F
§ Â
        3032F. Enforcement of laws for protection and control of animals.
Status: in_force

All police officers shall, as occasion requires, assist the Office of Animal Welfare and the Department of Agriculture, in the enforcement of all laws which are enacted for the protection and control of animals.
16 Del. C. § 2302 — Delaware Code / Title 16 / Chapter 23 / Section 2302
§ Â
        2302. Selling in misbranded parcel.
Status: in_force

No person shall sell, barter or exchange, or receive, hold, pack, display, or offer for sale, barter or exchange, in this State, any dangerous caustic or corrosive substance in a misbranded parcel, package or container, the parcel, package or container being designed for household use. Household products for cleaning and washing purposes, subject to this chapter and labeled in accordance therewith, may be sold, offered for sale, held for sale and distributed in this State by any dealer, wholesale or retail.
16 Del. C. § 9711 — Delaware Code / Title 16 / Chapter 97 / Section 9711
§ Â
        9711. Overdose System of Care Committee.
Status: in_force

(a) The Secretary shall establish an Overdose System of Care Committee to assist in oversight of the overdose system of care.

(1) The Co-Chairs of the Overdose System of Care Committee are as follows:

a. The Director of the Division of Public Health, or a designee appointed by the Director of the Division of Public Health.

b. The Director of the Division of Substance Abuse and Mental Health, or a designee appointed by the Director of the Division of Substance Abuse and Mental Health.

(2) The Overdose System of Care Committee must include all of the following, appointed by the Secretary:

a. One member from the Department of Homeland Security.

b. One member from the Department of Correction.

c. The Director of the Division of Medicaid and Medical Assistance or their designee.

d. One member from the Drug Overdose Fatality Review Commission.

e. One member from the State Fire Prevention Commission.

f. One member who is the Chair of the Behavioral Health Consortium.

g. One member who is an advanced life support prehospital provider.

h. One member who is a basic life support prehospital provider.

i. One member who is an emergency medical dispatcher.

j. One member who is a law-enforcement officer.

k. One member from the Delaware Healthcare Association.

l. One member who is an emergency medicine physician.

m. One member, or a designee appointed by the member, who is a hospital administrator from each acute health-care facility which holds or intends to seek designation as an overdose system of care center under § 9710 of this title.

n. Three members who are addiction treatment professionals, such as a physician, nurse, mental health provider, Nationally Certified Peer Recovery Specialist, or treatment administrator.

(3) The Overdose System of Care Committee shall meet at least quarterly.

(4) The Overdose System of Care Committee may establish ad hoc committees as deemed appropriate.

(b) The Overdose System of Care Committee shall advise the Director of Public Health and the Director of the Division of Substance Abuse and Mental Health on all of the following:

(1) Improving outcomes for Delaware overdose patients that are based on Delaware drug misuse, overdose, and death data.

(2) Rules governing the operation of the overdose system of care facility, under § 9710 this title.

(3) Recommendations to improve or correct problems identified regarding the following:

a. Overdose system of care operations, including the monitoring for adherence to adopted policies, procedures, protocols, and standards.

b. The delivery of services by emergency medical services and health care service providers to overdose patients.

c. The availability of appropriate resources.

d. The periodic review of pre-hospital, hospital, freestanding emergency department, and stabilization center designation criteria.

(4) Recommendation for modifications of the policies, procedures, and protocols of the overdose system of care as a result of system-wide review.

(c) The Overdose System of Care Committee shall function in cooperation with the Behavioral Health Consortium, as well as other state health policy activities.

(d) The Overdose System of Care Committee may not do either of the following:

(1) Direct or interfere with a state agency or a service provider’s internal review process for investigating and evaluating critical incidents and deaths.

(2) Direct Department of Health and Social Services resources, personnel, or activities.
16 Del. C. § 3054F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3054F
§ Â
        3054F. Impounding of dogs running at large.
Status: in_force

Any dog found running at large contrary to any of the provisions of this chapter may be impounded and disposed of as provided for in subchapter I of this chapter and any additional rules and regulations the Department may adopt. No impounded dog may be disposed of through humane euthanasia without 5 days’ notification to the owner of the dog, if ownership can be determined, unless earlier disposal through humane euthanasia is recommended by a doctor of veterinary medicine.
16 Del. C. § 3125 — Delaware Code / Title 16 / Chapter 31 / Subchapter II / Section 3125
§ Â
        3125. Registration of marriage.
Status: in_force

(a) A record of each marriage performed in this State shall be filed with the Office of Vital Statistics and shall be registered if it has been completed and filed in accordance with this section.

(b) The official who issues the marriage license shall prepare the record on the form prescribed and furnished by the State Registrar upon the basis of information obtained from the parties to be married.

(c) The person who performs the marriage ceremony shall certify the fact of marriage and, within 5 days following the day on which the marriage was solemnized, file the marriage license/certificate with 1 of the 3 vital statistics offices in this State.
16 Del. C. § 7103 — Delaware Code / Title 16 / Chapter 71 / Section 7103
§ Â
        7103. General provisions.
Status: in_force

(a) Loading explosive materials into railroad cars near passenger tracks; penalty. — (1) No person shall load explosive materials into cars on any railroad in this State within 100 yards of the bed of the regular track used in carrying passengers.

(2) Whoever engages or participates in any way in loading or putting explosive materials into cars standing within 100 yards of the regular bed of any railroad engaged in carrying passengers in this State shall be fined $1,000 or imprisoned for 6 months, or both.

(b) Delivering explosive materials to warehouseperson or carrier without disclosure and marking; penalty. — Whoever, within the limits of this State, delivers or causes to be delivered to any warehouseperson for storage, or delivers or causes to be delivered to any carrier, whether by land or water, for transportation, any keg, can or other package known by such person to contain explosive materials without first disclosing to the warehouseperson or carrier, the warehouseperson’s or carrier’s proper agents or servants, the character of the contents of such keg, can or package and without also having plainly marked or stamped on every such keg, can or package the true nature of the contents thereof, shall, for each offense, be fined not more than $1,000 or imprisoned not more than 6 months, or both.

(c) False representations or false marking of package containing explosive materials; penalty. — Whoever, within the limits of this State, delivers or causes to be delivered to any warehouseperson for storage, or delivers or causes to be delivered to any carrier, whether by land or water, for transportation, any keg, can or other package known by such person to contain explosive materials which keg, can or package is falsely marked as to its contents, or whoever, at the time of such delivery, makes a false and fraudulent statement as to the character of the contents of any such keg, can or package to any such warehouseperson or carrier, the warehouseperson’s or carrier’s proper agents or servants, whereby such warehouseperson or carrier, the warehouseperson’s or carrier’s proper agents or servants, are deceived and misled as to the explosive and dangerous qualities of the contents of such keg, can or package, shall, for each offense, be fined not more than $2,000 or imprisoned not more than 1 year, or both.
16 Del. C. § 1119C — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1119C
§ Â
        1119C. Regulations.
Status: in_force

(a) The Department has the authority to adopt, amend, repeal, or issue regulations to implement this chapter. In addition to regulations by category of facility to be licensed, the Department shall also develop pediatric regulations regarding the care of children in long-term care facilities and regulations regarding the operations of temporary staffing agencies.

(b) The Department shall include in its regulations for all facilities licensed under this chapter a requirement of full cooperation with the protection and advocacy agency in fulfilling functions authorized by this chapter. Without limiting the protection and advocacy’s agency’s pursuit of other legal remedies, the Department shall enforce violations of such regulations consistent with §§ 1109 and 1113 of this title.
16 Del. C. § 3012E — Delaware Code / Title 16 / Chapter 30E / Subchapter II / Section 3012E
§ Â
        3012E. Emergency access to epinephrine autoinjectors.
Status: in_force

The Department shall do all of the following:

(1) Promote the safe use of epinephrine autoinjectors at institutions of higher education to reduce deaths from anaphylaxis.

(2) Promulgate regulations to implement this subchapter.
16 Del. C. § 3007A — Delaware Code / Title 16 / Chapter 30A / Subchapter I / Section 3007A
§ Â
        3007A. Promulgation of regulation.
Status: in_force

The Department shall promulgate rules and regulations to implement this chapter.
16 Del. C. § 3004M — Delaware Code / Title 16 / Chapter 30M / Section 3004M
§ Â
        3004M. Penalties and enforcement.
Status: in_force

(a) The Secretary of Department of Health and Social Services, or the Director of the Division of Public Health, or their designee shall enforce this chapter.

(b) Whoever violates this chapter or any rule or regulation duly promulgated thereunder, shall be punishable as follows by an administrative penalty imposed of not more than $10,000 per day for each completed violation. Each day of continued violation shall be considered as a separate violation.
16 Del. C. § 2204A — Delaware Code / Title 16 / Chapter 22A / Section 2204A
§ Â
        2204A. Online registry.
Status: in_force

(a) The certifying organization shall publish and maintain a registry. The registry must include the following information concerning every certified recovery house:

(1) Contact information including the operator’s telephone number.

(2) Locality.

(3) The total number of beds available by demographic category.

(b) The certifying organization shall update the registry at least monthly.

(c) The certifying organization must limit the access to the addresses of recovery houses to the Division and other persons authorized by the Division with a bona fide need for access.

(d) The certifying organization shall disseminate the registry electronically to any of the following entities that refer individuals to recovery housing:

(1) State agencies, including the Department of Corrections.

(2) State contracted vendors.

(3) State courts, including drug courts.
16 Del. C. § 711 — Delaware Code / Title 16 / Chapter 7 / Subchapter I / Section 711
§ Â
        711. Confidentiality of records and information.
Status: in_force

All information and records held by the Division of Public Health relating to known or suspected causes of STD, including infection with human immunodeficiency virus (HIV), the virus causing Acquired Immunodeficiency Syndrome (AIDS), shall be strictly confidential. Such information shall not be released or made public upon subpoena or otherwise, except that release may be made under the following circumstances:

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

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

(3) Release is made of medical or epidemiological information to medical personnel, appropriate state agencies, including the Maternal and Child Death Review Commission, or state courts to the extent required to enforce the provisions of this chapter and related rules and regulations concerning the control and treatment of STDs, or as related to child abuse investigations pursuant to Chapter 9 of this title, or as related to Maternal and Child Death Review Commission investigations pursuant to subchapter II of Chapter 3 of Title 31;

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

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

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

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

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

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

e. Upon the issuance of an order to disclose such records, the court shall impose appropriate safeguards against unauthorized disclosure, which shall specify the persons who may have access to the information, the purposes for which the information shall be used, and appropriate prohibitions on future disclosures.
16 Del. C. § 1044 — Delaware Code / Title 16 / Chapter 10 / Subchapter III / Section 1044
§ Â
        1044. Additional requirements for use of the Fund [For application of this section, see 84 Del. Laws, c. 476, Â 4].
Status: in_force

(a) For each fiscal year beginning with the initial enactment period, the Department shall make an additional payment, either as a direct disbursement from the Fund or through additional or increased Medicaid reimbursements, to the acute care hospital in an amount equal to the average disproportionate share hospital payment adjustment the hospital received for the 3 years before October 1, 2024, less any disproportionate share hospital payment adjustment the hospital remains eligible to receive, if an acute care hospital meets all of the following:

(1) The acute care hospital received a disproportionate share hospital payment adjustment for the year before October 1, 2024.

(2) The acute care hospital continues to meet the requirements to qualify as a disproportionate share hospital under § 1923(d) of the Social Security Act, 42 U.S.C. § 1396r-4(d).

(3) The acute care hospital is determined to be ineligible to receive disproportionate share hospital payment adjustment in an amount equal to the average disproportionate share hospital payment adjustment received by the hospital for the 3 years before October 1, 2024, due to the limit on the amount of payment to a hospital under § 1923(g) of the Social Security Act, 42 U.S.C. § 1396r-4(g).

(b) Before making payments from the Fund under § 1043(a)(1) of this title, the Department shall engage with hospitals to ensure that valid data is used to develop the uniform payment increase under § 1043 of this title. At a minimum, the Department shall do all of the following, as available:

(1) Provide hospitals receiving payments with a thorough written description of the methodology used to identify days and discharges.

(2) Provide hospitals receiving payments with a thorough written description of the methodology used to attribute days and discharges to the hospitals.

(3) Provide hospitals receiving payments with day and discharge counts for the hospitals.

(4) Work with hospitals receiving payments, or designated representatives of the hospitals receiving payments, to attempt to identify the source of any discrepancies between data provided under paragraph (b)(3) of this section and internal hospital data.
16 Del. C. § 3511 — Delaware Code / Title 16 / Chapter 35 / Section 3511
§ Â
        3511. Resisting closing authority; penalties.
Status: in_force

Should any person engaged in the canning business whose factory should be ordered closed by the Department of Health and Social Services under § 3510 of this title, resist the authority of the Department of Health and Social Services or sheriff or constable deputized by the Department, such person shall be fined not less than $50 nor more than $100 and imprisoned not more than 30 days.
16 Del. C. § 210 — Delaware Code / Title 16 / Chapter 2 / Subchapter II / Section 210
§ Â
        210. Short title [Transferred].
Status: in_force

Transferred to § 3101A of Title 14 by 83 Del. Laws, c. 213, § 2, effective Sept. 30, 2021.
16 Del. C. § 1035 — Delaware Code / Title 16 / Chapter 10 / Subchapter II / Section 1035
§ Â
        1035. Penalties [For application of this section, see 84 Del. Laws, c. 476, Â 4].
Status: in_force

In addition to the penalties authorized under Chapter 5 of Title 30, if a hospital fails to pay the assessment imposed under § 1032 of this title when due, or a hospital fails to timely prepare and submit the form required under § 1032(b) of this title, the Department may do any of the following:

(1) Withhold any Medicaid payments to the hospital, including any payments due to the hospital for Medicaid patients from a managed care company under contract to the Division of Medicaid and Medical Assistance, until the quality assessment amount is paid in full.

(2) Suspend or revoke the hospital’s license.

(3) Develop a plan that requires the hospital to pay any delinquent quality assessment and penalty amounts in installments.

(4) Take any other action authorized by the Department by regulation.
16 Del. C. § 2416 — Delaware Code / Title 16 / Chapter 24 / Section 2416
§ Â
        2416. Protection of trade secrets.
Status: in_force

(a) An employer who believes that all or any part of the information required under §§ 2406, 2409(b) or 2409(d) of this title is a trade secret may withhold the information provided that:

(1) Material safety data sheets are available to employees in the area where they work;

(2) Hazard information on the trade secret chemicals is provided to the fire chief;

(3) All relevant information is provided to a physician diagnosing and treating an employee exposed to the chemical, pursuant to requirements stated in the OSHA standard set forth in 29 C.F.R. Part 1910.1200(i)(2); and

(4) The employer can substantiate the trade secret claim.

(b) The Secretary, upon the Secretary’s own initiative, or upon request of an employee, an employee’s representative or a fire chief, may request any or all of the data substantiating the trade secret claim to determine whether the claim made pursuant to subsection (a) of this section is valid. The Secretary shall protect from disclosure any or all information coming into the Secretary’s possession when such information is marked by the employer as confidential and shall return all information so marked to the employer at the conclusion of the Secretary’s determination.

(c) The employer shall have 30 days after notification by the Secretary that a trade secret claim is not valid to request an administrative hearing on the determination. Any such hearing shall be held in a manner similar to that provided for in the Administrative Procedures Act [Chapter 101 of Title 29] for hearings in contested cases.
16 Del. C. § 10311 — Delaware Code / Title 16 / Chapter 103 / Subchapter II / Section 10311
§ Â
        10311. The Delaware Health Care Claims Database â Findings; purpose; creation.
Status: in_force

(a) The General Assembly finds that:

(1) The establishment of effective health-care data analysis and reporting initiatives is essential to achieving the “Triple Aim” of the State’s ongoing health-care innovation efforts: improved health, health-care quality and experience, and affordability for all Delawareans.

(2) This State’s ongoing effort to transform the State’s health-care system from a fee-for-service system to a value-based system that rewards health-care providers for quality and efficiency of care is a worthy effort, and, to that end, the General Assembly supports the establishment of a health-care claims database to assist in this State’s efforts to achieve the Triple Aim of improving patient care, improving population health, and reducing the per capita costs of health care.

(3) Claims data is an important component of population health research and analysis, and that appropriate access to claims data can facilitate the development of value-based health-care purchasing and the study of the prevalence of illness or injury across the broader population of Delaware and in particular communities or neighborhoods.

(4) Providers and other health-care entities accepting financial risk for managing the health-care needs of a population, including the State as a self-insured employer, should have access to claims data as necessary to effectively manage that risk.

(b) The purpose of this subchapter is to create a centralized health-care claims database to enable the State to more effectively understand utilization across the continuum of health care in Delaware and achieve the Triple Aim.

(c) DHIN, assisted by the Department of Health and Social Services and the Delaware Health Care Commission as necessary, shall administer a centralized health-care claims database, known as the “Delaware Health Care Claims Database.”

(d) The Delaware Health Care Claims Database is created within DHIN to facilitate data-driven, evidence-based improvements in access, quality, and cost of health care and to promote and improve the public health through increased transparency of accurate health-care claims data and information. DHIN shall collect and maintain claims data under this subchapter.
16 Del. C. § 5403 — Delaware Code / Title 16 / Chapter 54 / Section 5403
§ Â
        5403. Discretionary disclosures to law enforcement.
Status: in_force

(a) A mental health service provider, institution, agency, or hospital may disclose confidential communications made by or relating to a patient to law enforcement if the mental health service provider, institution, agency, or hospital concludes that the patient is “dangerous to others” or “dangerous to self,” as these terms are defined in § 1448C(a) of Title 11, regardless of whether the patient has made explicit threats against an identifiable victim.

(b) A person may not bring a cause of action, either criminal or civil, against a mental health services provider, institution, agency, or hospital for making a communication to law enforcement under this section.
16 Del. C. § 3004C — Delaware Code / Title 16 / Chapter 30C / Section 3004C
§ Â
        3004C. Quality Review Program.
Status: in_force

All quality management proceedings shall be confidential. Records of the State EMS Medical Director, and EMS quality care review committee relating to AED reviews and audits shall be confidential and privileged, are protected, and are not subject to discovery, subpoena or admission into evidence in any judicial or administrative proceeding. Raw data used in any AED review or audit shall not be available for public inspection; nor is such raw data a “public record” as set forth in the Delaware Freedom of Information Act [Chapter 100 of Title 29].
16 Del. C. § 4770 — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4770
§ Â
        4770. Unlawful possession, distribution, delivery, or sale of drug masking products; class B misdemeanor or class E felony.
Status: in_force

(a) For purposes of this section:

(1) “Drug masking product” means a substance, including synthetic urine, designed to be added to human urine or to human hair for the purpose of defrauding an alcohol or drug urine screening test.

(2) “Synthetic urine” means a substance that is designed to simulate the composition, chemical properties, physical appearance, or physical properties of human urine.

(b) It is unlawful for any person to do any of the following:

(1) Possess a drug masking product.

(2) Distribute, deliver, or sell a drug masking product or to possess a drug masking product with the intent to distribute, deliver, or sell the drug masking product.

(c) (1) Violation of paragraph (b)(1) of this section is a class B misdemeanor.

(2) Violation of paragraph (b)(2) of this section is a class E felony.
16 Del. C. § 128 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 128
§ Â
        128. Powers as advisory board; investigations; abatement of nuisances.
Status: in_force

(a) The Department of Health and Social Services shall be an advisor to the authorities of the State in all matters pertaining to public hygiene. It may make special inspections of hospitals, prisons, asylums, almshouses and other public institutions, and may investigate the cause of any special disease or mortality in any part of the State, and may make such regulations and may adopt such measures, including quarantine, vaccination, etc., as it deems most efficient to eradicate all infectious diseases.

(b) In localities where there are no local boards of health, or where the same shall refuse or neglect to act, the Department may investigate all complaints made in writing, and if it shall find a nuisance to exist it shall order the same to be abated in a reasonable time. In such cases the Secretary of the Department of Health and Social Services or the Secretary’s designee shall have all power and remedies given by law to local boards.
16 Del. C. § 1009A — Delaware Code / Title 16 / Chapter 10A / Section 1009A
§ Â
        1009A. Privacy.
Status: in_force

It is the express intent of the legislature that a patient’s right of confidentiality shall not be violated in any manner. Patient Social Security numbers and any other information that could be used to identify an individual patient shall not be released notwithstanding any other provision of law.
16 Del. C. § 2519 — Delaware Code / Title 16 / Chapter 25 / Section 2519
§ Â
        2519. Limitation on powers.
Status: in_force

(a) If an individual has a long-term disability requiring routine treatment by artificial nutrition, hydration, or mechanical ventilation and a history of using the treatment without objection, an agent or default surrogate may not consent to withhold or withdraw the treatment unless any of the following:

(1) The treatment is not necessary to sustain the individual’s life or maintain the individual’s well-being.

(2) The individual has expressly authorized the withholding or withdrawal in a health-care instruction that has not been revoked.

(3) The individual has experienced a major reduction in health or functional ability from which the individual is not expected to recover, even with other appropriate treatment, and the individual has not done either of the following:

a. Given a direction inconsistent with withholding or withdrawal.

b. Communicated by verbal or nonverbal expression a desire for artificial nutrition, hydration, or mechanical ventilation.

(b) A default surrogate may not make a health-care decision if, under other law of this State, the decision either:

(1) May not be made by a guardian.

(2) May be made by a guardian only if the court appointing the guardian specifically authorizes the guardian to make the decision.
16 Del. C. § 1211 — Delaware Code / Title 16 / Chapter 12 / Subchapter II / Section 1211
§ Â
        1211. Use of protected health information.
Status: in_force

(a) Protected health information collected by the Department of Health and Social Services or its agencies, the Maternal and Child Death Review Commission, the Child Protection Accountability Commission, and the Drug Overdose Fatality Review Commission shall be used solely for legitimate public health purposes.

(b) Nonidentifiable health information shall be used by the Department of Health and Social Services and its agencies whenever possible consistent with the accomplishment of legitimate public health purposes.

(c) Any use of protected health information permitted by this subchapter shall be limited to the minimum amount of information which the official using the information reasonably believes is necessary to accomplish the legitimate public health purpose.

(d) Protected health information shall not be used by the State for commercial purposes.

(e) Protected health information whose use no longer furthers the legitimate public health purpose for which it was acquired shall be expunged.