16 Del. C. § 2509 — Delaware Code / Title 16 / Chapter 25 / Section 2509
§ Â
        2509. Advance mental health-care directive.
Status: in_force

(a) An individual may create an advance health-care directive that addresses only mental health care for the individual. The directive may include a health-care instruction, a power of attorney for health care, or both.

(b) A health-care instruction under this section may include the individual’s preferences for mental health care, including preferences regarding any of the following:

(1) General philosophy and objectives regarding mental health care.

(2) Specific goals, preferences, and wishes regarding the provision, withholding, or withdrawal of a form of mental health care, including all of the following:

a. Preferences regarding professionals, programs, and facilities.

b. Admission to a mental-health facility, including duration of admission.

c. Preferences regarding medications.

d. Refusal to accept a specific type of mental health care, including a medication.

e. Preferences regarding crisis intervention.

(c) A power of attorney for health care under this section may appoint an agent to make decisions only for mental health care.

(d) An individual may direct in an advance mental health-care directive that, if the individual is experiencing a psychiatric or psychological event specified in the directive, the individual may not revoke the directive or a part of the directive.

(e) If an advance mental health-care directive includes a direction under subsection (d) of this section, the advance mental health-care directive must be in a record that is separate from any other advance health-care directive created by the individual and signed by the individual creating the advance mental health-care directive and at least 2 adult witnesses who satisfy all of the following:

(1) Attest that to the best of their knowledge, the individual understood the nature and consequences of the direction, including its risks and benefits.

(2) Attest that to the best of their knowledge, the individual made the direction voluntarily and without coercion or undue influence.

(3) Are not the agent appointed by the individual.

(4) Are not the agent’s spouse, domestic partner, or cohabitant.

(5) If the individual resides in a nursing home or long-term care facility, are not the owner, operator, employee, or contractor of the nursing home or long-term care facility.

(6) Are physically present in the same location as the individual.
16 Del. C. § 7807 — Delaware Code / Title 16 / Chapter 78 / Section 7807
§ Â
        7807. Violations, penalties and injunctions.
Status: in_force

(a) For purposes of this section, the term “Secretary” shall mean the Secretary of the Department of Natural Resources and Environmental Control. The Secretary shall enforce this chapter.

(b) Any contractor, asbestos worker or person who violates any of the provisions of this chapter, or any rules, regulations or orders promulgated or entered pursuant to this chapter shall be punishable in the following manner, and each day of a continued violation shall be considered as a separate violation:

(1) A fine of not less than $100 and not more than $1,500 for each day of such violation, if such contractor, asbestos worker or person is certified for asbestos abatement under this chapter. If the contractor, asbestos worker or person is not certified for asbestos abatement under this chapter, the fine shall be not less than $500, and not more than $1,500 for each day of such violation. The Justices of the Peace Court shall have original jurisdiction under this subsection.

(2) In addition, for contractors, a civil penalty of not less than $5,000 for each day of such violation, if such contractor is not certified for asbestos abatement under this statute. The Superior Court shall have jurisdiction over such violations. If the violation is continuing, or is threatening to begin or to reoccur, the Secretary may also seek a temporary restraining order or any other injunctive relief in the Court of Chancery.

(c) Any contractor who intentionally, knowingly or recklessly violates any provision of this chapter, or any rule, regulation or order promulgated or entered pursuant to this chapter shall, upon conviction, be punishable by a fine of not less than $2,500 nor more than $25,000 for each day of such violation and/or imprisonment for not more than 6 months.

(d) Any contractor who is found to have violated this chapter, or any rule, regulation or order promulgated or entered pursuant to this chapter shall be liable for all expenses incurred by the Department of Natural Resources and Environmental Control:

(1) In abating the violation;

(2) Controlling a pollution incident related to the violation; and

(3) Clean-up and restoration of the environment.

Such expenses shall include, but not be limited to, the costs of investigation, legal assistance, public hearings, materials, equipment, personnel, contractual assistance and appropriate salary and overtime pay for all persons, including state employees, involved in the effort notwithstanding merit system laws, regulations or rules to the contrary. The Secretary shall submit a detailed billing of expenses to the contractor. In the event the contractor desires to challenge the detailed billing submitted by the Secretary, the contractor shall request an administrative hearing before the Secretary. Testimony at the administrative hearing shall be under oath and shall be restricted to issues relating to the billing of expenses submitted by the Secretary. A verbatim transcript of testimony at the hearing shall be prepared and shall, along with the exhibits and other documents introduced by the Secretary or other party, constitute the record. The Secretary shall make findings of fact based upon the record, and enter an order which shall contain reasons supporting the decision, and shall send all parties a copy of the order by certified mail. Any party may appeal the order of the Secretary to the Superior Court within 30 days after the order of the Secretary has been sent to that party by certified mail. In the event a liable person fails or refuses to pay any of the expenses listed in the detailed billing, the Secretary may seek to compel payment through the initiation of a civil action in the Superior Court.

(e) Any expenses or civil penalties collected by the Department under this section are hereby appropriated to the Department to carry out the purposes of this chapter.
16 Del. C. § 709 — Delaware Code / Title 16 / Chapter 7 / Subchapter I / Section 709
§ Â
        709. Authority to perform venipuncture.
Status: in_force

Notwithstanding any other provision of law, a person employed by or detailed to the Division of Public Health as an STD case investigator may perform venipuncture or skin puncture for the purpose of withdrawing blood for test purposes, even though the STD case investigator is not otherwise licensed to withdraw blood; provided that such person meets all the following requirements:

(1) The person works under the direction of licensed physician.

(2) The person has been trained by a licensed physician in the proper procedures to be employed when withdrawing blood, in accordance with training requirements established by the Division of Public Health, and has a statement signed by the instructing physician that such training has been completed.
16 Del. C. § 5015 — Delaware Code / Title 16 / Chapter 50 / Section 5015
§ Â
        5015. Enlargement of time.
Status: in_force

The court may enlarge the time for the performance of acts by the hospital or respondent’s attorney pursuant to this chapter, and of scheduling hearings thereunder, for good cause shown, for a reasonable period, consistent with the rights of the respondent.
16 Del. C. § 2507C — Delaware Code / Title 16 / Chapter 25C / Section 2507C
§ Â
        2507C. Waiting periods and expiration of request [For application of this section, see 85 Del. Laws, c. 19, Â 3].
Status: in_force

(a) Under § 2505C(b) of this title, an attending physician or attending APRN may not write a prescription under this chapter less than 15 days after the individual’s first oral request for medication to end life in a humane and dignified manner.

(b) Under § 2508C(11)b. of this title, an attending physician or attending APRN may not write a prescription under this chapter less than 48 hours after the individual’s written request for medication to end life in a humane and dignified manner.

(c) An individual’s first oral request for medication to end life in a humane and dignified manner expires after 1 year if no medication to end life in a humane and dignified manner is prescribed under this chapter. An individual may make a new oral request for medication to end life in a humane and dignified manner and begin the process under this chapter again.
16 Del. C. § 5202 — Delaware Code / Title 16 / Chapter 52 / Section 5202
§ Â
        5202. Department of Health and Social Services; authority to contract.
Status: in_force

The Department of Health and Social Services may negotiate and enter into contracts on behalf of this State pursuant to Article III of the compact and may perform such contracts, provided that no funds, personnel, facilities, equipment, supplies or materials shall be pledged for, committed or used on account of any such contract, unless legally available therefor.
16 Del. C. § 3006L — Delaware Code / Title 16 / Chapter 30L / Section 3006L
§ Â
        3006L. Coach and official training.
Status: in_force

(a) Each on-site official and coach responsible for selection of participants for an athletic activity shall complete initial and periodic concussion training consistent with a schedule and content standards published by the Council. The schedule and content standards shall not exceed any coach or official concussion training requirements adopted by the Delaware Interscholastic Athletic Association and shall include the opportunity to complete verifiable training online.

(b) Every nonscholastic youth athletic activity organization or association created for, engaged in, or otherwise expressly permitting a significant concussion risk activity shall develop policies and procedures pursuant to § 3005L of this section to inform and educate their respective coaches, officials, athletes, and athletes’ parents or guardians of the nature and risks of concussion, including the risks of continuing to play, compete, or practice after incurring a concussion.
16 Del. C. § 4801A — Delaware Code / Title 16 / Chapter 48A / Section 4801A
§ Â
        4801A. Fund created.
Status: in_force

The General Assembly, in order to help provide funding for substance abuse rehabilitation, treatment coordination, prevention and education, hereby creates a special “Substance Abuse Rehabilitation, Treatment Coordination, Prevention and Education Fund.”
16 Del. C. § 4793 — Delaware Code / Title 16 / Chapter 47 / Subchapter VII / Section 4793
§ Â
        4793. Uniformity of interpretation.
Status: in_force

This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it.
16 Del. C. § 7702 — Delaware Code / Title 16 / Chapter 77 / Section 7702
§ Â
        7702. Other construction regulations.
Status: in_force

(a) All contractors and owners, when constructing buildings where the plans and specifications require the floors to be arched between the beams thereof or where the floors or filling in between the floors are of fireproof material or brickwork, shall complete the flooring or filling in as the building progresses to not less than within 3 tiers of beams below that on which the iron work is being erected.

(b) If the plans and specifications of the buildings do not require filling in between the beams of floors with brick or fireproof material, all contractors for carpenter work, in the course of construction, shall lay the underflooring thereon on each story as the building progresses to not less than within 2 stories below the one to which such building has been erected. Where double floors are not to be used, such contractor shall keep planked over the floor 2 stories below the story where the work is being performed.

(c) If the floor beams are of iron or steel, the contractors for the iron and steel work of buildings in course of construction or the owners of such buildings shall thoroughly plank over the entire tier of iron or steel beams on which the structural iron or steel work is being erected, except such spaces as may be reasonably required for the proper construction of such iron or steel work and for the raising or lowering of materials to be used in the construction of such building or such spaces as may be designated by the plans and specifications for stairways and elevator shafts.

(d) If elevators or elevating machines are used within a building in the course of construction for the purpose of lifting materials to be used in such construction, the contractors or owner shall cause the shafts or openings in each floor to be inclosed or fenced in on all sides by a barrier at least 8 feet in height, except on 2 sides which may be used for taking off and putting on materials, and those sides shall be guarded by an adjustable barrier not less than 3 nor more than 4 feet from the floor and not less than 2 feet from the edge of such shaft or opening.
16 Del. C. § 3045F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3045F
§ Â
        3045F. Licensing agents; bond requirements; service charge; negotiations.
Status: in_force

(a) The Department may authorize as many qualified persons or companies as licensing agents as it deems necessary to effectuate the efficient distribution of dog licenses established under § 3042F of this title.

(b) The Department may determine the bond requirement.

(c) Licensing agents may add an approximate, reasonable and necessary service charge to the required fee for a license. The Department shall set the fee at its discretion.

(d) The Department may adopt, amend, modify, or repeal rules and regulations to effectuate the policy and purpose of this section.
16 Del. C. § 5163 — Delaware Code / Title 16 / Chapter 51 / Subchapter V / Section 5163
§ Â
        5163. Enforcement of rights; Court of Chancery.
Status: in_force

This subchapter shall be enforceable by the Attorney General or by any interested citizen. Within the meaning of this section, “interested citizen” shall include any individual, voluntary association of individuals or corporate body having a bona fide interest in furthering enforcement of the rights created by this subchapter. Notwithstanding 10 Del. C. § 342, the Court of Chancery shall have jurisdiction over all actions, including those requesting declaratory relief, to enforce or resolve disputes concerning the rights arising out of this subchapter.
16 Del. C. § 4782 — Delaware Code / Title 16 / Chapter 47 / Subchapter VI / Section 4782
§ Â
        4782. Administrative inspections and warrants.
Status: in_force

(a) Issuance and execution of administrative inspection warrants shall be as follows:

(1) Any person authorized to issue search warrants in this State may, within the person’s jurisdiction and upon proper oath or affirmation showing probable cause, issue warrants for the purpose of conducting administrative inspections authorized by this chapter or rules hereunder and seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this chapter or rules hereunder, sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant.

(2) A warrant shall issue only upon an affidavit of a designated officer or employee having knowledge of the facts alleged, sworn to before the judge or justice of the peace and establishing the grounds for issuing the warrant. If the judge or justice of the peace is satisfied that grounds for the application exist or that there is probable cause to believe they exist, the judge shall issue a warrant identifying the area, premises, building or conveyance to be inspected, the purpose of the inspection and, if appropriate, the type of property to be inspected, if any. The warrant shall:

a. State the grounds for its issuance, and the name of each person whose affidavit has been taken in support thereof;

b. Be directed to a person authorized by § 4781 of this title to execute it;

c. Command the person to whom it is directed to inspect the area, premises, building or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;

d. Identify the item or types of property to be seized, if any; and

e. Direct that it be served during normal business hours and designate the judge or justice of the peace to whom it shall be returned.

(3) A warrant issued pursuant to this section must be executed and returned within 10 days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least 1 credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

(4) The judge or justice of the peace who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the Prothonotary in the county in which the inspection was made.

(b) The Secretary may make administrative inspections of controlled premises in accordance with the following provisions:

(1) For purposes of this section only, “controlled premises” means:

a. Places where persons registered or exempted from registration requirements under this chapter are required to keep records; and

b. Places including factories, warehouses, establishments and conveyances in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance.

(2) When authorized by an administrative inspection warrant issued pursuant to subsection (a) of this section, an officer or employee designated by the Secretary, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.

(3) When authorized by an administrative inspection warrant, an officer or employee designated by the Secretary may:

a. Inspect and copy records required by this chapter to be kept;

b. Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in paragraph (b)(5) of this section, all other things therein, including records, files, papers, processes, controls and facilities bearing on violation of this chapter; and

c. Inventory any stock of any controlled substance therein and obtain samples thereof.

(4) This section does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:

a. If the owner, operator or agent in charge of the controlled premises consents;

b. In situations presenting imminent danger to health or safety;

c. In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

d. In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or,

e. In all other situations in which a warrant is not constitutionally required.

(5) An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator or agent in charge of the controlled premises consents in writing.
16 Del. C. § 2512C — Delaware Code / Title 16 / Chapter 25C / Section 2512C
§ Â
        2512C. Assumptions and presumptions; effect on construction of wills, contracts, insurance, and annuity policies [For application of this section, see 85 Del. Laws, c. 19, Â 3].
Status: in_force

(a) A provision in a contract, will, or other agreement, whether written or oral, that would affect whether an individual may make or rescind a request for medication to end life in a humane and dignified manner, is not valid.

(b) An obligation owing under any currently existing contract may not be conditioned or affected by an individual’s act of making or rescinding a request for medication to end life in a humane and dignified manner.

(c) (1) Nothing in this chapter authorizes a physician, APRN, or any other person to end an individual’s life by infusion, intravenous injection, mercy killing, or euthanasia.

(2) A request for medication to end life in a humane and dignified manner under this chapter, or the fact that medication to end life in a humane and dignified manner is prescribed or dispensed under this chapter, does not, for any purpose, constitute elder abuse, suicide, assisted-suicide, homicide, or euthanasia.

(d) The sale, procurement, or issuance of a life, health, or accident insurance or annuity policy, or the rate charged for such a policy, may not be conditioned upon or affected by an individual’s act of making or rescinding a request for medication to end life in a humane and dignified manner.

(e) A qualified patient’s act of self-administering medication to end life in a humane and dignified manner does not invalidate any part of a life, health, or accident insurance or annuity policy.

(f) A health-care institution, health-care provider, health-care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, nonprofit hospital service plan, or any other type of direct or indirect provider of health-care benefits or services or insurer cannot deny or alter health-care benefits otherwise available to an individual with a terminal illness based on the availability of medication to end life in a humane and dignified manner or otherwise attempt to coerce or require as a condition to receiving care that an individual with a terminal illness make a request for medication to end life in a humane and dignified manner.
16 Del. C. § 3156 — Delaware Code / Title 16 / Chapter 31 / Subchapter III / Section 3156
§ Â
        3156. Disinterment from condemned land.
Status: in_force

The Department shall modify and relax its regulations and restrictions relative to the disinterring and reinterring of dead bodies, including the securing of separate disinterment and transfer permits of the bodies in those cases where the bodies are in public or private burying grounds which have been condemned by this State or the United States government for the purposes of public improvement, in order to enable the carrying into effect of complete removals in such cases to the full extent that the same can be accomplished, in the opinion of the Department, by licensed undertakers under its supervision and without jeopardizing the public health.
16 Del. C. § 2206A — Delaware Code / Title 16 / Chapter 22A / Section 2206A
§ Â
        2206A. Certified recovery housing admission agreements; termination.
Status: in_force

(a) A certified recovery house’s admission agreement must include the house’s termination and relapse policies.

(b) An individual must agree to the terms of a certified recovery house’s admission agreement and sign the agreement before residing there.

(c) Except if a resident refuses, whenever a certified recovery house terminates the resident’s admission agreement, the house shall make a reasonable effort to connect the resident with appropriate services.
16 Del. C. § 143 — Delaware Code / Title 16 / Chapter 1 / Subchapter III / Section 143
§ Â
        143. Duties of Pathologist and Bacteriologist.
Status: in_force

The Pathologist and Bacteriologist shall conduct the routine work of the laboratory and shall make all examinations and analyses, etc., that may be necessary under the direction of the Secretary or the Secretary’s designee for all the purposes that may be required to fully execute the intent of this chapter. This section shall not be so construed as to interrupt or limit the power of full control and management of the laboratory by the Secretary or the Secretary’s designee.
16 Del. C. § 4929A — Delaware Code / Title 16 / Chapter 49A / Section 4929A
§ Â
        4929A. Reciprocity.
Status: in_force

A person with a medical condition who possesses a registry identification card or equivalent certification from another state or territory of the U.S. and who would otherwise qualify to obtain a registry identification card in this State may use the out-of-state registry identification card or equivalent certification for any purpose for which the person would be authorized to use a registry identification card issued under this chapter.
16 Del. C. § 9222 — Delaware Code / Title 16 / Chapter 92 / Section 9222
§ Â
        9222. Additional and alternative method.
Status: in_force

The foregoing sections of this chapter shall be deemed to provide a complete, 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; provided the issuance of bonds or notes and refunding bonds or notes under this chapter need not comply with the requirements of any other law applicable to the issuance of bonds or notes. Except as otherwise expressly provided in this chapter, none of the powers granted to the Authority under this chapter shall be subject to the supervisions or regulation or require the approval or consent of any municipality or political subdivision or any department, division, commission, board, body, bureau, official or agency thereof or of the State.
16 Del. C. § 5531 — Delaware Code / Title 16 / Chapter 55 / Subchapter III / Section 5531
§ Â
        5531. Persons without legal guardians.
Status: in_force

(a) Consent to perform elective surgery upon a person who is receiving services from the Division of Developmental Disabilities Services (“DDDS”) may be given by the Division Director or such Director’s designee if all of the following circumstances apply:

(1) The person receiving residential services cannot give that person’s informed consent.

(2) The person receiving services has no alternative decision maker.

(3) The person receiving residential services has no legal guardian of the person, or applicable “advance health-care directive,” as defined under § 2502 of this title, or similar legal instrument.

(b) Before giving such consent the Division Director or such Director’s designee must:

(1) Be satisfied that the elective surgery is in the best interest of the person receiving services from DDDS and is an appropriate and least intrusive treatment for the existing condition;

(2) Obtain the written recommendation for elective surgery from at least 1 physician or 1 dentist, as applicable, who are not directly employed by the DDDS; and

(3) Ensure that the person receiving services from DDDS has been informed to the extent the person is able to understand about the medical treatment or procedure suggested.
16 Del. C. § 7934 — Delaware Code / Title 16 / Chapter 79 / Section 7934
§ Â
        7934. Penalties.
Status: in_force

Whoever violates or assists in the violation of this chapter or any order, code or regulation issued under this chapter shall be, for each offense, fined not less than $25 nor more than $100 or imprisoned not more than 60 days, or both.
16 Del. C. § 2714 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2714
§ Â
        2714. Delivery of document of gift.
Status: in_force

If the gift is made by the donor to a specified donee, the will, card or other document of gift, or an executed copy thereof, may be delivered to the donee to expedite the appropriate procedures immediately after death, but delivery is not necessary to the validity of the gift. The will, card or other document of gift, or an executed copy thereof, may be deposited in any hospital, bank or storage facility or registry office that accepts them for safekeeping or for facilitation of procedures after death. On request of any interested party upon or after the donor’s death, the person in possession shall produce the document for examination.
16 Del. C. § 98A-115 — Delaware Code / Title 16 / Chapter 98A / Section 98A-115
§ Â
        98A-115. Construction and severability.
Status: in_force

This Compact shall be liberally construed so as to effectuate the purposes of the Compact. If a court finds that this Compact is contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states. Nothing in this Compact supersedes state law or rules related to licensure of EMS agencies.
16 Del. C. § 3004L — Delaware Code / Title 16 / Chapter 30L / Section 3004L
§ Â
        3004L. Concussion protection.
Status: in_force

(a) An athlete who is suspected of sustaining a concussion in an athletic activity shall be immediately removed from physical participation in the athletic activity and shall not return to that athletic activity on the same day.

(b) An athlete who has been removed from an athletic activity may not return to physical participation in an athletic activity until evaluated by a health-care provider and the athlete receives written clearance to return to physical participation in an athletic activity from the evaluating health-care provider.

(c) The coach or official responsible for an athlete’s removal shall ensure that prompt notice is provided to the athlete’s parent or guardian of both the removal and medical clearance requirement.
16 Del. C. § 2909 — Delaware Code / Title 16 / Chapter 29 / Section 2909
§ Â
        2909. Smoking restrictions within vehicles.
Status: in_force

(a) A person is prohibited from smoking in a vehicle, whether it is in motion or at rest, if a person under 16 years of age is in the vehicle, regardless of whether the vehicle’s windows are open. This subsection does not apply to a person who is the sole occupant of a vehicle.

(b) State and local police are empowered to enforce this section, but a police officer may not stop or detain a motor vehicle or its driver nor inspect or search the vehicle, the contents of the vehicle, or the operator or passenger of the vehicle solely for a violation or suspected violation of this section.
16 Del. C. § 7301 — Delaware Code / Title 16 / Chapter 73 / Section 7301
§ Â
        7301. Selling without fire test; method of testing.
Status: in_force

(a) No person shall sell or offer for sale, within the limits of this State, any kerosene, headlight or other oil for illuminating purposes produced from petroleum, which will not bear the fire test of at least 115° Fahrenheit.

(b) The fire test shall be determined by the use of the Tagliabue instrument or apparatus in method and manner as follows: Partially fill the metal cup with water about 60° Fahrenheit temperature, leaving room for displacement by the glass oil cup; fill the glass oil cup with the oil to be tested, to within 1/4 of an inch of the top of the cup, remove all oil from the top edge of the cup using soft paper for such purpose; see that the surface of oil in the cup is free from air bubbles; suspend the thermometer with the bulb just below the surface of the oil; heat with a small alcohol flame; when the thermometer indicates 100° Fahrenheit; remove flame and allow temperature to run up to 103° Fahrenheit; at which point try for flash with small bead of fire on the end of a string, or otherwise, held not less than 1/4 of an inch above the surface of the oil; if the oil does not flash or if it flashes and does not continue to burn, replace flame, work temperature up 4° Fahrenheit more, then remove flame, allow temperature to run up 3° Fahrenheit more and again try to flash; if the oil flashes, or if it flashes and does not continue to burn, repeat this operation until 114° Fahrenheit are reached, at which point, if the oil does not flash or if it flashes and does not continue to burn, it shall be deemed and considered as of not less than 115° fire test; but the oil thus tested shall not be deemed or considered as of not less than 115° fire test if it flashes and continues to burn at 114° Fahrenheit or at a lower temperature.

(c) The temperature in making the test, as set forth in subsection (b) of this section, shall not be raised or allowed to rise in any instance faster than 2° Fahrenheit per minute.
16 Del. C. § 4902 — Delaware Code / Title 16 / Chapter 49 / Section 4902
§ Â
        4902. Sale or distribution of laetrile; labeling requirement.
Status: in_force

Laetrile (amygdalin, Vitamin B-17) may be distributed or sold by any person, and no special license or prescription shall be required for the sale or distribution of such substance. The label or other device affixed to a container containing laetrile (amygdalin, Vitamin B-17) shall include a statement that such substance has not yet been approved as a treatment or cure for cancer by the Food and Drug Administration of the United States Department of Health, Education and Welfare.
16 Del. C. § 6601C — Delaware Code / Title 16 / Chapter 66C / Section 6601C
§ Â
        6601C. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Carbon monoxide detection devices” means a battery-operated or AC-powered device that detects the presence of the carbon monoxide gas in order to prevent carbon monoxide poisoning. “Carbon monoxide detection devices” includes combination smoke and carbon monoxide detectors.

(2) “Dwelling unit” means a single unit providing complete, independent living facilities for 1 or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

(3) a. “Lodging establishment” means any building, group of buildings, structure, facility, place, or places of business where 1 or more dwelling units or sleeping units are provided and which is kept, used, maintained, advertised, or held out to the public to provide lodging accommodations for pay which can be construed to be a hotel, motel, motor hotel, apartment or multi-family dwelling, bed and breakfast facility, bunkhouse, cabin, condominiums, dormitory, extended-stay establishment, multi-family dwelling, resort, or other similar place by any other name, be it rented, leased, or owned for either transient guests, permanent guests, or for both transient and permanent guests.

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

1. Dormitories and other living or sleeping facilities owned or maintained by public or private schools, colleges, universities, or churches unless made available to the general public and not used exclusively for students and faculty.

2. A private residence that is occupied by the owner and where no dwelling or sleeping unit is available for pay.

(4) a. “Owner” means an individual; corporation; business trust; estate trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity that meets any of the following requirements:

1. Has a legal interest in a lodging establishment.

2. Has an equitable interest in a lodging establishment that includes participation in management of the lodging establishment.

3. Operates or manages a lodging establishment.

4. Operates or manages a lodging establishment under a contract, lease, or other form of authorization agreement.

5. Undertakes actual control or authority over the operation or management of a lodging establishment.

b. “Owner” does not mean an equitable interest in an artificial entity under paragraph (4)a. of this section.

(5) “Sleeping unit” means a room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both.

(6) “Transient” means occupancy of a dwelling unit or sleeping unit for not more than 30 days.
16 Del. C. § 506 — Delaware Code / Title 16 / Chapter 5 / Subchapter I / Section 506
§ Â
        506. Due process rights of quarantined individuals.
Status: in_force

The Division of Public Health shall afford persons who are quarantined pursuant to § 505 of this title the same due process rights as those afforded to persons who are quarantined pursuant to § 3136 of Title 20.
16 Del. C. § 6640 — Delaware Code / Title 16 / Chapter 66 / Subchapter V / Section 6640
§ Â
        6640. Fire alarm signaling monitoring companies.
Status: in_force

(a) All fire alarm signaling monitoring companies are responsible for directing the call reporting the fire alarm signal to the appropriate dispatch center, and for providing the dispatch center with accurate location information.

(b) All fire alarm signaling monitoring companies shall maintain a current contact list of 3 representatives or designees of the owners of which 1 will respond to the premises within 30 minutes to assist the fire department in gaining access to the building. The fire alarm signaling monitoring company shall have current contact information for each representative or designee of the owner. The contact list must be updated on an annual basis.

(c) Where an owner is unable to provide a minimum of 3 representatives or designees who can respond within 30 minutes, in accordance with subsection (b) of this section, a lock box containing keys for fire department access shall be provided as specified in the State Fire Prevention Regulations.

(d) A $100 civil penalty will be charged if an owner fails to provide either a minimum of 3 representatives or designees who can respond within 30 minutes or a lock box approved by the Office of the State Fire Marshal.

(e) A $100 civil penalty shall be charged each time a fire alarm signaling monitoring company violates a provision of this section.

(f) For a fire alarm system installed in a single-family dwelling, the fire alarm contractor is responsible to solicit an updated contact list on an annual basis from the owner. It is an affirmative defense if the owner fails to comply with the fire alarm contractor’s requests for information.
16 Del. C. § 6623 — Delaware Code / Title 16 / Chapter 66 / Subchapter III / Section 6623
§ Â
        6623. Fire School Advisory Board.
Status: in_force

For the purpose of advising and make recommendations to the State Fire School in connection with any matters relating to the State Fire School, there is hereby created the State Fire School Advisory Board. The Advisory Board shall be comprised of 6 members appointed by the Delaware Volunteer Firefighters’ Association. Two members shall come from New Castle County, 2 from Kent County and 2 from Sussex County. Each member of the Advisory Board shall serve at the pleasure of the Delaware Volunteer Firefighters’ Association. The Advisory Board shall choose a Chairperson and shall meet thereafter at the call of the Chairperson of the Advisory Board or the Director of the State Fire School.
16 Del. C. § 3003L — Delaware Code / Title 16 / Chapter 30L / Section 3003L
§ Â
        3003L. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Athlete” means a person who engages in athletic activity who is less than 18 years of age.

(2) “Athletic activity” means participation of an athlete in an athletic program or event with on-site coach oversight occurring in the State, including practice or competition, which is:

a. Organized or primarily sponsored by a public, for-profit, or nonprofit organization, including a club, league, or association;

b. A significant concussion risk activity;

c. Not regulated by the Delaware Interscholastic Athletic Association pursuant to Chapter 3 of Title 14;

d. Not part of a school-sponsored field day, supervised recess, gym or physical education class; and

e. Not part of a college or university-sponsored program or event involving its students.

(3) “Concussion” means a traumatic injury to the brain causing a change in a person’s mental status at the time of injury, such as feeling dazed, disoriented, or confused, which may or may not involve a loss of consciousness, resulting from:

a. A fall;

b. A blow or jolt to the head or body;

c. The shaking or spinning of the head or body; or

d. The acceleration or deceleration of the head.

(4) “Council” means the State Council for Persons with Disabilities.

(5) “Division” means the Division of Public Health.

(6) “Health-care provider” means a licensed physician (doctor of medicine or doctor of osteopathic medicine), a physician assistant, or an advanced practice registered nurse, who is trained and experienced in the evaluation, management, and care of concussions, or such other licensed health-care professional who is trained and experienced in the evaluation, management, and care of concussions, as defined by the Division.

(7) “Official” means an umpire, referee, or other official who is actively engaged in the officiating of a significant concussion-risk activity.

(8) “Significant concussion risk activity” means football, rugby, soccer, basketball, lacrosse, field hockey, ice hockey, wrestling, volleyball, martial arts, combative sports, gymnastics, baseball, softball, cheerleading, and such other athletic activities as may be identified by the Division through regulation developed in consultation with the Council as statistically correlated with a significant risk of concussion.
16 Del. C. § 6802 — Delaware Code / Title 16 / Chapter 68 / Subchapter I / Section 6802
§ Â
        6802. Exempting nurses from civil liability in rendering emergency care.
Status: in_force

Any registered nurse or any licensed practical nurse, licensed as such by any state, who in good faith renders emergency care at the scene of any emergency or who undertakes to transport any victim thereof to the nearest medical facility shall not be liable for any civil damages as a result of any act or omission in rendering the emergency care; provided, however, such act or omission is not grossly negligent or intentionally designed to harm the victim.
16 Del. C. § 1014A — Delaware Code / Title 16 / Chapter 10A / Section 1014A
§ Â
        1014A. Membership in National Healthcare Safety Network.
Status: in_force

All hospitals in this State shall join the Centers of Disease Control and Prevention’s National Healthcare Safety Network or its successor. If the Network is not open for enrollment, all hospitals shall join the Network within 180 days after the Centers of Disease Control and Prevention permits such enrollment. Hospitals shall authorize the Department to have access to hospital-specific data contained in the National Healthcare Safety Network database consistent with the requirements of this chapter. With the concurrence of the Advisory Committee the Department may require other healthcare facilities through regulation to join the National Healthcare Safety Network as may be appropriate in accordance with this chapter.
16 Del. C. § 922 — Delaware Code / Title 16 / Chapter 9 / Subchapter II / Section 922
§ Â
        922. Entry on the Child Protection Registry.
Status: in_force

The Child Protection Registry must indicate “substantiated for abuse” or “substantiated for neglect” and the Child Protection Level as designated in § 923 of this subchapter for any person who:

(1) Based on the same incident of abuse or neglect on which the substantiation proceeding is premised, has been convicted of any criminal offense set out in § 923 of this subchapter or any offense specified in the laws of another state, the United States or any territory of the United States which is the same as or equivalent to any of the offenses set out in § 923 of this title.

(2) Has been found by the Family Court, in a child welfare proceeding brought by the Department or in which the Department is a party, by a preponderance of the evidence to have abused or neglected a child.

(3) Fails to make a timely written request for a hearing as provided in § 924(a)(2) of this title after being given notice by the Department of its intent to substantiate the person for abuse or neglect and enter the person on the Registry.

(4) Is entered on the Registry by order of the Family Court in a proceeding on a Petition for Substantiation as described in § 925 or § 925A of this title.

(5) Was substantiated for abuse or neglect between August 1, 1994, and February 1, 2003.
16 Del. C. § 2004 — Delaware Code / Title 16 / Chapter 20 / Section 2004
§ Â
        2004. Reporting requirements.
Status: in_force

(a) The Delaware uniform claims and billing data set (UB-04 or successor form) shall be completed for all hospital inpatient discharges and emergency department visits.

(b) All hospitals must submit data electronically to the state agency according to a schedule established pursuant to subsection (e) of this section, through the state agency’s Secure File Transfer Protocol (SFTP), in the format agreed upon by the state agency and the Delaware Healthcare Association. All third-party payers shall be required to accept this uniform claims and billing form.

(c) The Delaware uniform claims and billing data set (UB-04 or successor form) shall be completed for all nursing home inpatient discharges beginning not sooner than June 30, 1995, and shall be submitted by all nursing homes to the state agency according to a schedule established pursuant to subsection (e) of this section. All third-party payers shall be required to accept the Delaware uniform claims and billing form. Nursing homes shall submit data electronically through the State agency’s SFTP and in a format agreed upon by the state agency and the Delaware Health Care Facilities Association.

(d) The state agency shall assure that any report of data specific to hospitals or nursing homes presents data that are reliable, valid and informative. Such data shall reflect, as appropriate, factors including, but not limited to, the number of patients, patient severity at admission, age of patients, the actual versus expected number of deaths, average length of stay and case mix. The report shall explain each of these adjustments. The report also shall include information necessary to adequately represent the operations of the individual hospital or nursing home such as whether physician charges are included in the hospital charges, whether the hospital maintains medical education programs and the hospital’s payer mix. The state agency shall consult with the Delaware Healthcare Association and the Delaware Health Care Facilities Association in identifying the various adjustment factors and information to be included.

(e) The state agency shall establish schedules for the timely submission of data and information collected pursuant to this section. The state agency may grant waivers from such schedules for good cause shown.
16 Del. C. § 2501 — Delaware Code / Title 16 / Chapter 25 / Section 2501
§ Â
        2501. Short title.
Status: in_force

This chapter may be cited as the “Uniform Health-Care Decisions Act (2023).”
16 Del. C. § 9957 — Delaware Code / Title 16 / Chapter 99 / Subchapter VI / Section 9957
§ Â
        9957. Enforcement.
Status: repealed

(a) A hospital that knowingly fails to provide information or adhere to standards, procedures, and deadlines under this subchapter, or a rule or regulation promulgated under this subchapter, may be assessed a civil penalty of up to $500,000.

(b) [Repealed.]

(c) An order under subsection (a) of this section may be issued only after a hospital has received notice and an opportunity to be heard by the Board.
16 Del. C. § 3001P — Delaware Code / Title 16 / Chapter 30P / Section 3001P
§ Â
        3001P. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Diaper-changing station” shall mean at least 1 safe, sanitary, convenient, and publicly accessible baby diaper-changing station inside a restroom.

(2) “Public accommodation” shall mean any public building or a portion of a public building that includes at least 1 restroom that is open to the public.

(3) “Public building” shall mean any building owned by any state or local government agency; a theater or movie house, grocery store, health facility, convention center, sports arena, auditorium, cultural complex, exhibition hall, library, passenger terminal, permanent amusement park structure, restaurant with an occupancy of at least 60 persons, as determined by the State Fire Marshal, shopping center of more than 25,000 square feet, tourist attraction, or retail store of more than 5,000 square feet.

(4) “Restroom” shall mean restroom or toilet room with the required sanitary fixtures that is accessible to the public.
16 Del. C. § 4718 — Delaware Code / Title 16 / Chapter 47 / Subchapter II / Section 4718
§ Â
        4718. Schedule III.
Status: in_force

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

(b) Unless specifically excepted or unless listed in another schedule, any compound, mixture or preparation containing limited quantities of any stimulant drugs or any salts, isomers or salts of isomers thereof and 1 or more active medicinal ingredients not having a stimulant effect on the central nervous system and in such combinations, quantity, proportion or concentration that reduce the potential abuse of the substances which have a stimulant effect on the central nervous system.

(c) Unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:

(1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules;

(2) Chlorhexadol;

(3) Lysergic acid;

(4) Lysergic acid amide;

(5) Methyprylon;

(6) [Rescheduled];

(7) Sulfondiethylmethane;

(8) Sulfonethylmethane; and

(9) Sulfonmethane.

(d) Nalorphine.

(e) Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:

(1) Not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

(2) Not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(3) Not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

(4) Not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(5) Not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(6) Not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with 1 or more ingredients in recognized therapeutic amounts;

(7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts; and

(8) Not more than 50 milligrams of morphine or any of its salts per 100 milliliters or per 100 grams with 1 or more active, nonnarcotic ingredients in recognized therapeutic amounts.

(f) Anabolic steroids and combinations:

(1) Boldenone;

(2) Chlorotestosterone (4-dihydrotestosterone);

(3) Clostebol;

(4) Dehydrochlormethyltestosterone;

(5) Dihydrotestosterone (4-dihydrotestosterone);

(6) Drostanolone;

(7) Ethylestrenol;

(8) Fluoxymesterone;

(9) Formebulone (formebulone);

(10) Mesterolone;

(11) Methandienone;

(12) Methandranone;

(13) Methandriol;

(14) Methandrostenolone;

(15) Methenolone;

(16) Methyltestosterone;

(17) Mibolerone;

(18) Nandrolone;

(19) Norethandrolone;

(20) Oxandrolone;

(21) Oxymesterone;

(22) Oxymetholone;

(23) Stanolone;

(24) Stanozolol;

(25) Testolactone;

(26) Testosterone;

(27) Trenbolone; and

(28) Any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth.

(g) Clortermine.

(h) Benzphetamine.

(i) Chlorphentermine.

(j) Phendametrazine.

(k) Ketamine.

(l) Xylazine and its isomers, esters, ethers, salts and salts of isomers, esters and ethers.

(m) The Secretary may except by rule any compound, mixture or preparation containing any stimulant or depressant substance listed in subsections (b) and (c) from the application of all or any part of this chapter if the compound, mixture or preparation contains 1 or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.

(n) Any anabolic steroid, as listed in subsection (f) of this section, which is a combination of estrogen and anabolic steroid and which is expressly intended for administration to hormone-deficient women, shall be exempt from the provisions of this chapter. If any person prescribes, dispenses or distributes an anabolic steroid which is a combination of estrogen and anabolic steroid for use by persons who are not hormone-deficient women, such person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of this chapter.

(o) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved drug product.
16 Del. C. § 905B — Delaware Code / Title 16 / Chapter 9B / Section 905B
§ Â
        905B. State response to notifications of infants with prenatal substance exposure.
Status: in_force

(a) In implementing the Division’s role in protecting the safety and well-being of infants with prenatal substance exposure, upon receipt of a notification under § 903B of this title, the Division shall do all of the following:

(1) Determine if the case requires an investigation or family assessment.

(2) Develop a Plan of Safe Care.

(3) Provide copies of the Plan of Safe Care to all agencies and providers involved in the care or treatment of the infant with prenatal substance exposure and affected family or caregiver.

(4) Implement and monitor the provisions of the Plan of Safe Care.

(b) For any case accepted by the Division for investigation or family assessment, the Division may contract for services to comply with §§ 906 and 905B of this title.

(c) For cases that are not accepted by the Division for investigation or family assessment, or those cases accepted for family assessment where the report does not involve a multidisciplinary case under § 906(e)(3) of this title, but that still meet the definition of an infant with prenatal substance exposure, the Division shall contract for services to do any of the following:

(1) Protect the safety and well-being of the infant with prenatal substance exposure following release from the care of health-care providers while preserving the family unit whenever the safety of the infant is not jeopardized.

(2) Develop a Plan of Safe Care.

(3) Provide copies of the Plan of Safe Care to all agencies and providers involved in the care or treatment of the infant with prenatal substance exposure and affected family or caregiver.

(4) Implement and monitor the provisions of the Plan of Safe Care.

(5) Provide a final report to the Division to assist the Division in complying with §  906B of this title.

(d) For any case referred for contracted services under this chapter, the contractor shall immediately notify the Division if it determines that an investigation is required or is otherwise appropriate under § 906 of this title. The contracted staff who have conducted the assessment may remain involved in the provision of services to the child and family as appropriate.

(e) In implementing the Investigation Coordinator’s role in ensuring the safety and well-being of infants with prenatal substance exposure, the Investigation Coordinator, or the Investigation Coordinator’s staff, shall have electronic access and the authority to track within the Department’s internal information system each notification of an infant with prenatal substance exposure.
16 Del. C. § 4308 — Delaware Code / Title 16 / Chapter 43 / Section 4308
§ Â
        4308. Revocation of licenses.
Status: in_force

(a) The Department of Health and Social Services may revoke any license issued under this chapter whenever it is determined by itself or the Pathologist and Bacteriologist, Chemist or other properly qualified official that this chapter has been violated.

(b) Any person whose license has been revoked shall discontinue the manufacture or sale within this State of soft drinks, syrups or other nonalcoholic beverages until this chapter has been complied with and a new license issued.

(c) The Department of Health and Social Services may revoke a license either temporarily until there is a compliance with such conditions as it may prescribe or permanently for the unexpired period of the license.
16 Del. C. § 6841 — Delaware Code / Title 16 / Chapter 68 / Subchapter VI / Section 6841
§ Â
        6841. Limitation on liability of civic organizations maintaining parkland.
Status: in_force

(a) No civic organization, as defined in § 6840 of this title, shall be liable under the laws of this State for civil damages resulting from any negligent act or omission of such organization, its staff or any person or entity with which such organization may contract, which act or omission occurs in connection with the construction or maintenance of parkland.

(b) No member of the staff of a civic organization shall be liable under the laws of this State for civil damages resulting from any negligent act or omission of such organization, its staff or any person or entity with which such organization may contract, which act or omission occurs in connection with the construction or maintenance of parkland. The immunity provided in this subsection shall apply only to the extent that said damages exceed either existing liability insurance coverage applicable to the negligent act or omission or the minimum liability insurance coverage required by law if no coverage applicable to the negligent act or omission exists.

(c) No sponsor of any civic organization shall be liable under the laws of this State for civil damages resulting from any negligent act or omission of such organization, its staff or any person or entity with which such organization may contract, which act or omission occurs in connection with the construction or maintenance of parkland. The immunity provided in this subsection shall apply only to the extent that said damages exceed either existing liability insurance coverage applicable to the negligent act or omission or the minimum liability insurance coverage required by law if no coverage applicable to the negligent act or omission exists.
16 Del. C. § 303 — Delaware Code / Title 16 / Chapter 3 / Section 303
§ Â
        303. General powers; quarantine regulations.
Status: in_force

Each local board of health may make orders and regulations concerning:

(1) The place and mode of quarantine;

(2) The examination and purification of vessels, boats and other craft not under quarantine;

(3) The treatment of vessels, articles or persons thereof;

(4) The regulation of intercourse with infected places;

(5) The apprehension, separation and treatment of emigrants and other persons who shall have been exposed to any infectious or contagious disease; and

(6) Regulating and prohibiting or preventing all communication or intercourse with all houses, tenements and places and the persons occupying the same in which there shall be any person who shall have been exposed to such contagious or infectious disease.
16 Del. C. § 9405A — Delaware Code / Title 16 / Chapter 94A / Section 9405A
§ Â
        9405A. Supported decision-making agreements.
Status: in_force

(a) An adult may enter into a supported decision-making agreement if all of the following apply:

(1) The adult enters into the agreement voluntarily and without coercion or undue influence.

(2) The adult understands the nature and effect of the agreement.

(b) A supported decision-making agreement must include all of the following:

(1) Designation of at least 1 supporter.

(2) The types of decisions for which the supporter is authorized to assist.

(3) The types of decisions, if any, for which the supporter may not assist.

(c) A supported decision-making agreement may include any of the following:

(1) Designation of more than 1 supporter.

(2) Provision for an alternate to act in the place of a supporter in such circumstances as may be specified in the agreement.

(3) Authorization for a supporter to share information with any other supporter named in the agreement, as a supporter believes is necessary.

(d) A supported decision-making agreement is valid only if all of the following occur:

(1) The agreement is in a writing that contains the elements of the form developed by the Department of Health and Social Services as required under § 9410A(a) of this title.

(2) The agreement is dated.

(3) Each party to the agreement signed the agreement in the presence of 2 adult witnesses.

(e) The 2 adult witnesses required by paragraph (d)(3) of this section may not be any of the following:

(1) A supporter for the principal.

(2) An employee or agent of a supporter named in the supported decision-making agreement.

(3) Any person who does not understand the type of communication the principal uses, unless an individual who understands the principal’s means of communication is present to assist during the execution of the supported decision-making agreement.

(f) A supported decision-making agreement must contain a separate declaration signed by each supporter named in the agreement indicating all of the following:

(1) The supporter’s relationship to the principal.

(2) The supporter’s willingness to act as a supporter.

(3) The supporter’s acknowledgement of the duties of a supporter under this chapter.

(g) A supported decision-making agreement may authorize a supporter to assist the principal to decide whether to give or refuse consent to care within the meaning of Chapter 25 of this title.

(h) A principal or a supporter may revoke a supported decision-making agreement at any time in writing and with notice to the other parties to the agreement.

(i) An authorization in a supported decision-making agreement may be prospectively limited or abrogated, in whole or part, by a judicial determination that the principal lacks the capacity to engage in the making of specific decisions covered by the agreement despite the assistance of a supporter.
16 Del. C. § 7909 — Delaware Code / Title 16 / Chapter 79 / Section 7909
§ Â
        7909. Safe water supply.
Status: in_force

All premises intended for human habitation or occupancy shall be provided with a supply of pure and wholesome water.
16 Del. C. § 6602D — Delaware Code / Title 16 / Chapter 66D / Section 6602D
§ Â
        6602D. Buildings subject to testing.
Status: in_force

All buildings shall establish a heating, ventilating, and air conditioning (HVAC) fire life safety damper, and smoke control system inspection verification program for the purpose of ensuring that fire life safety dampers and smoke control systems are in working order to prevent the spread of fire and smoke within walls, floors, and ceilings except:

(1) Any structure or portion thereof which is occupied as, or designed or intended for occupancy as a residence for 2 or less families, including multifamily, single family, and townhouse dwellings, is excluded from the testing requirements in § 6603D of this title.

(2) All other residential buildings, including hotels, are subject to the required testing only for mechanical rooms and common use areas, including stairs, hallways, and lobbies.
16 Del. C. § 2512A — Delaware Code / Title 16 / Chapter 25A / Section 2512A
§ Â
        2512A. Resolution of conflicts.
Status: in_force

(a) In the event of a disagreement between the patient’s authorized representative and the patient’s health-care practitioner concerning the patient’s decision-making capacity or the appropriate interpretation and application of the terms of a completed DMOST form regarding the patient’s course of treatment, the parties:

(1) May seek to resolve the disagreement by means of procedures and practices established by the health-care institution, including, but not limited to, consultation with an institutional ethics committee, or with an individual designated by the health-care institution for this purpose; or

(2) May seek resolution by a court of competent jurisdiction.

(b) A health-care provider involved in the patient’s care or an administrator of a health-care institution may seek to resolve a disagreement concerning the appropriate interpretation and application of the terms of a completed DMOST form to the patient’s course of treatment in the same manner as set forth in subsection (a) of this section.
16 Del. C. § 7003 — Delaware Code / Title 16 / Chapter 70 / Section 7003
§ Â
        7003. Storage within residential district prohibited.
Status: in_force

It shall be unlawful for any person to store explosive materials within a residential district as zoned by the local zoning authority. “Explosive materials” shall have the same definition as set forth in Chapter 71 of this title. This section shall not apply to the storage of explosive materials that fall within the scope of § 7101 of this title.
16 Del. C. § 1005A — Delaware Code / Title 16 / Chapter 10A / Section 1005A
§ Â
        1005A. Department reports.
Status: in_force

(a) The Department shall annually submit to the legislature a report summarizing the hospital quarterly reports and shall publish the annual report on its website. The Department shall update the public information on a quarterly basis.

(b) All reports issued by the Department shall be risk-adjusted or use some other method to account for the differences in patient populations among hospitals.

(c) The annual report shall compare healthcare associated infection rates to national rates published by the CDC’s NHSN program and collected pursuant to this chapter for each individual hospital in this State. The Department, in consultation with the Advisory Committee, shall make this report as easy to comprehend as possible. The report shall also include an executive summary, written in plain language that shall include but not be limited to a discussion of findings, conclusions and trends concerning the overall state of healthcare associated infections in this State, including a comparison to prior years. The report may include policy recommendations, as appropriate.

(d) The Department shall publicize the report and its availability as widely as practical to interested parties, including but not limited to hospitals, providers, media organizations, health insurers, health maintenance organizations, purchasers of health insurance, organized labor, consumer or patient advocacy groups and individual consumers. The annual report shall be made available to any person upon request.

(e) No hospital report or Department disclosure may contain information identifying a patient, employee or licensed healthcare professional in connection with a specific infection incident.

(f) The annual report shall provide background information about each hospital which shall include: the hospital’s adult and pediatric populations, bed size, and specialty divisions; whether the hospital provides tertiary care; and whether the hospital is a teaching or a nonteaching institution. This background information shall be included in the public report.

(g) The annual report shall include a brief summary report to allow hospitals to comment on performance improvement and changes in patient population and risk factors. The information contained in the summary report shall be considered proprietary information and shall be utilized by the Department but shall not be made available in the public report and shall not be subject to disclosure under the State’s Freedom of Information Act (Chapter 100 of Title 29).
16 Del. C. § 1205A — Delaware Code / Title 16 / Chapter 12A / Section 1205A
§ Â
        1205A. Rules and regulations.
Status: in_force

(a) The Division of Public Health shall make such rules and regulations as may in its judgment be necessary to carry out the provisions of this section, and may make additions of other communicable diseases which shall be subject to this chapter.

(b) The Division of Public Health may issue regulations necessary to ensure compliance with this chapter relating to patients who are transferred between institutions, or who may die during or shortly after being transferred. The Division of Public Health shall require emergency medical care facilities to notify the officer designated pursuant to § 1202A(b) of this title when an emergency care provider has been exposed to a communicable disease identified by the Division of Public Health to be transmitted through the air, even if a request for notification has not been made pursuant to § 1202A(c) of this title.
16 Del. C. § 2509C — Delaware Code / Title 16 / Chapter 25C / Section 2509C
§ Â
        2509C. Responsibilities of the consulting physician or consulting APRN [For application of this section, see 85 Del. Laws, c. 19, Â 3].
Status: in_force

Before an individual may receive a prescription for medication to end life in a humane and dignified manner a consulting physician or consulting APRN must do all of the following:

(1) Evaluate the individual and the individual’s relevant medical records.

(2) Confirm, in writing, to the attending physician or attending APRN that the individual meets all of the following:

a. Has a terminal illness.

b. Has decision-making capacity or provide documentation that the consulting physician or consulting APRN has referred the individual for further evaluation under § 2510C of this title.

c. Is making an informed decision.

d. Is acting voluntarily.
16 Del. C. § 6313 — Delaware Code / Title 16 / Chapter 63 / Section 6313
§ Â
        6313. Regulations.
Status: in_force

(a) The Secretary may prescribe such regulations as may be necessary to carry out this chapter.

(b) Regulations prepared by the Secretary under this chapter shall be subject to review and approval by the State Emergency Response Commission prior to promulgation.

(c) Concerning the list of extremely hazardous substances and threshold planning quantities established under § 6303 of this title and the list of toxic chemicals established under § 6307 of this title, the lists shall be established and maintained consistent with the corresponding lists of chemicals established and maintained by the administrator under 42 U.S.C. Chapter 116 [42 U.S.C. § 11001 et seq.]. In establishing regulations under this chapter, consideration shall be given to maintaining consistency with federal regulations established by the administrator under 42 U.S.C. Chapter 116 [42 U.S.C. § 11001 et seq.]

(d) With advice and consent of the State Emergency Response Commission, the Secretary may establish additional exemptions or alternate threshold amounts for specific chemical substances or situations of chemical use or storage, provided the reporting burden or the concerns posed by such substances or situations do not justify reporting per the requirements specified in this chapter. With the advice and consent of the State Emergency Response Commission, the Secretary may also establish variances from the reporting requirements and procedures specified within this chapter, provided such variances are intended to promote more efficient implementation and do not unnecessarily jeopardize the purposes of this chapter.

(e) Except as provided in § 6304 of this title, this chapter does not apply to the transportation, including the storage incident to such transportation, of any substance or chemical subject to the requirements of this chapter, including the transportation and distribution of natural gas.
16 Del. C. § 6707 — Delaware Code / Title 16 / Chapter 67 / Section 6707
§ Â
        6707. Penalty for refusal to obey orders of fire police officer.
Status: in_force

Whoever refuses to obey the orders of a fire police officer in the exercise of the fire police officer’s duties shall be fined no less than $25 and no more than $50.

Prosecutions for violations of this section shall be before a justice of the peace.
16 Del. C. § 6601D — Delaware Code / Title 16 / Chapter 66D / Section 6601D
§ Â
        6601D. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Buildings” means a building equipped with heating, ventilating, and air conditioning (HVAC) fire dampers, smoke dampers and/or smoke control system. As used in this chapter, “buildings” does not include residential buildings excluded under § 6602D of this title.

(2) “Fire life safety damper testing” means testing and inspection activities, including all physical, visual, and operational tests necessary to ensure the complete opening and closing of dampers and the proper functioning of fire dampers and smoke dampers as required by the International Fire Code (IFC), NFPA 80, NFPA 105, and applicable engineering specifications.

(3) “Fire life safety dampers” means all fire dampers, smoke dampers, and combination fire and smoke dampers.

a. “Combination fire/smoke damper” means a device that meets both the fire damper and smoke damper requirements.

b. “Fire damper” means a device installed in an air distribution system, designed to close automatically upon detection of heat, to interrupt migratory airflow and to restrict the passage of flame; and includes devices installed in air conditioning systems to close automatically upon detection of heat, to interrupt migratory airflow, and to restrict the passage of flames. A fire damper shall also include a combination fire/smoke damper system.

c. “Smoke damper” means a device within an air distribution system to control the movement of smoke, and includes devices installed in air conditioning systems to control the movement of smoke. A smoke damper shall also include a combination smoke/fire damper system.

(4) “NFPA” means National Fire Protection Association.

(5) “Smoke control system” means an engineered system that includes all methods that can be used singly or in combination to modify smoke movement, including engineered systems that use mechanical fans to produce pressure differences across smoke barriers to inhibit smoke movement.
16 Del. C. § 5139 — Delaware Code / Title 16 / Chapter 51 / Subchapter II-A / Section 5139
§ Â
        5139. Drug testing required.
Status: in_force

(a) Preemployment testing. — The Department shall not hire or employ an applicant for any position at the Delaware Psychiatric Center without first obtaining the results of such applicant’s mandatory drug screening.

(b) Reasonable suspicion testing. — The Department, acting through its supervisory personnel, may also conduct a drug test based on a reasonable suspicion that a Delaware Psychiatric Center employee is impaired by an illegal drug.

(c) Any person applying for employment with the Department in a position at the Delaware Psychiatric Center shall be required to submit to mandatory drug screening pursuant to this section and the regulations promulgated by the Department. Such regulations shall require drug testing for the following controlled substances:

(1) Marijuana/cannabis;

(2) Cocaine;

(3) Opiates;

(4) Phencyclidine (“PCP”);

(5) Amphetamines;

(6) Any other controlled substances specified by the Department in the regulations promulgated pursuant to this subchapter.

(d) Conditional hire. — Notwithstanding the provisions of this section, whenever exigent circumstances exist, and the Department must fill a position in order to maintain an appropriate level of patient care, the Department may hire an applicant on a conditional basis when the Department receives evidence that the applicant has actually had the appropriate drug screening. The final employment of any applicant conditionally hired pursuant to this subsection shall be contingent upon receipt of the results of the drug screening. In addition, all applicants conditionally hired pursuant to § 5138 of this title shall be informed and acknowledge in writing that the results of those applicants’ drug screens have been requested. Under no circumstances shall an applicant hired on a conditional basis pursuant to this subchapter remain employed on a conditional basis for more than 2 months.

(e) Any applicant who wilfully fails to comply with the requirements of this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000.

(f) The Department shall adopt policies and procedures for imposing sanctions, which may include suspension and termination, upon any Delaware Psychiatric Center employee whose drug screen indicates that such employee has consumed an illegal drug or drugs. However, no such employee shall be sanctioned when the person has used or consumed the drug or drugs detected according to the directions and terms of a lawfully obtained prescription for such drug or drugs.
16 Del. C. § 2303 — Delaware Code / Title 16 / Chapter 23 / Section 2303
§ Â
        2303. Approval and registration of brands and labels.
Status: in_force

(a) The Department of Health and Social Services may approve and register such brands and labels intended for use under this chapter as may be submitted to it for that purpose and as may in its judgment conform to the requirements of this chapter.

(b) In any prosecution under this chapter the fact that any brand or label involved in the prosecution has not been submitted to the Department of Health and Social Services for approval, or, if submitted, has not been approved by it, shall be immaterial.
16 Del. C. § 6649 — Delaware Code / Title 16 / Chapter 66 / Subchapter VII / Section 6649
§ Â
        6649. Powers.
Status: in_force

The Delaware Burn Camp Corporation shall be empowered, notwithstanding any other laws to the contrary:

(1) To adopt bylaws to govern the conduct of its affairs and to carry out and discharge its powers, duties and functions as appropriate;

(2) To enter into contracts and agreements as it may deem necessary, convenient or desirable;

(3) To plan, finance, develop, construct, purchase, lease, maintain, improve, own, operate or control facilities and such real, personal or intellectual property as it may deem necessary, convenient or desirable;

(4) To employ such personnel as necessary to carry out its functions;

(5) To retain, by contract, engineers, advisors, legal counsel and other providers of advice, counsel and services which it deems advisable or necessary in the exercise of its purposes and powers and upon such terms as it deems appropriate;

(6) To do all acts and things necessary or convenient to carry out its functions and purposes;

(7) To have and exercise any and all powers available to a corporation organized pursuant to Chapter 1 of Title 8, the Delaware General Corporation Law; and

(8) To accept appropriations, donations, contributions, grants and loan repayments and to keep such moneys in the Corporation’s own accounts.
16 Del. C. § 5503 — Delaware Code / Title 16 / Chapter 55 / Subchapter I / Section 5503
§ Â
        5503. Economic security and meaningful occupations.
Status: in_force

Persons diagnosed with intellectual disabilities or other specific developmental disabilities have a right to strive for productive work in meaningful occupations, economic security and a decent standard of living.
16 Del. C. § 2518A — Delaware Code / Title 16 / Chapter 25A / Section 2518A
§ Â
        2518A. Capacity.
Status: in_force

(a) An adult individual is presumed to have capacity to make a health-care decision and to execute, modify or void a DMOST form.

(b) A determination that a patient lacks decision-making capacity must be made by a physician, and if a patient’s authorized representative is executing the DMOST form such determination by a physician shall be required.
16 Del. C. § 7915 — Delaware Code / Title 16 / Chapter 79 / Section 7915
§ Â
        7915. Family private water closet in multiple dwellings.
Status: in_force

In multiple dwellings provided with a house drainage system there shall be for each family at least 1 private water closet.
16 Del. C. § 6403 — Delaware Code / Title 16 / Chapter 64 / Section 6403
§ Â
        6403. Administration; enforcement.
Status: in_force

The Fire Marshal shall administer and enforce this chapter. The Fire Marshal shall establish reasonable and necessary fees in an amount not to exceed $20 per year for each amusement ride covered by this chapter; provided, however, no owner shall have to pay a fee in excess of $100. Funds raised through said fees shall be deposited in the State Treasury and shall be credited to the account of the Fire Marshal for administration of this chapter.
16 Del. C. § 1153 — Delaware Code / Title 16 / Chapter 11 / Subchapter VI / Section 1153
§ Â
        1153. Access to facilities and patient records.
Status: in_force

(a) The Ombudsperson shall have access to any facility or record which is relevant to the performance of the Ombudsperson’s responsibilities under this subchapter, including any record otherwise rendered confidential under Delaware law; provided, however, that the Ombudsperson shall obtain the consent of any resident who is able to consent or any resident’s legal agent or guardian for access to such resident’s records.

(b) The Ombudsperson may initiate an investigation of any long-term care facility independent of the receipt of a specific complaint.

(c) Any state agency to which the Ombudsperson refers a complaint shall periodically advise the Ombudsperson of the status of the investigation of the complaint and notify the Ombudsperson in a timely manner of the disposition of the complaint.

(d) The Ombudsperson shall protect the confidentiality of residents’ records and shall permit access to such records only in accordance with regulations of the Office of the Long-Term Care Ombudsperson.

(e) The Ombudsperson shall protect the confidentiality of files maintained by the Ombudsperson and shall permit access to such files only under conditions as the Ombudsperson, in the Ombudsperson’s own sole discretion, deems appropriate.

(f) Notwithstanding any other provision of this subchapter, the Ombudsperson shall not disclose the identity of any complainant or resident unless a court orders such disclosure or the complainant or resident consents in writing to the disclosure of the complainant’s or resident’s identity.
16 Del. C. § 3002F — Delaware Code / Title 16 / Chapter 30F / Subchapter I / Section 3002F
§ Â
        3002F. Shelter care and treatment.
Status: in_force

(a) Animal shelters shall be advised by a licensed veterinarian and shall adhere to a written veterinary care protocol developed with a licensed veterinarian, which protocol shall include appropriate evaluation and testing of newly impounded animals, disease control and prevention, and adequate veterinary care. In addition, animal shelters shall have a protocol for behavioral enrichment. The protocols shall be updated annually.

(b) Animal shelters shall vaccinate all dogs against canine distemper virus, canine parvovirus, and bordetella bronchiseptica and all cats against feline viral rhinotracheitis, calicivirus, and the panleukopenia virus before or upon entering the shelter or holding facility to reduce the spread of disease. Such vaccinations must be administered as soon as possible and no more than 8 hours after entering the shelter. For animals admitted overnight, such vaccines shall be given no later than noon. This provision shall not apply to animals in quarantine for rabies observation or to animals having injuries, illness or temperament that make administration of the vaccinations unsafe.

(c) Each animal entering an animal shelter shall be evaluated at intake to check for signs of infectious disease or an injury or illness requiring emergency medical care. A full examination shall be performed within 48 hours of entry and prior to adoption.

(d) Animal shelters shall ensure that animals requiring veterinary care are seen by a licensed veterinarian within a reasonable amount of time based on the condition of the animal, and that urgent medical care is provided as needed. Animal shelters shall comply with treatment plans developed by a licensed veterinarian for animals at the shelter requiring treatment. Animals in the shelter’s custody for 1 year or more must receive a veterinary exam every 12 months.

(e) Animal shelters shall include a designated treatment area and isolation and/or quarantine areas. Animals having a severe communicable disease shall be moved to isolation to limit exposure to other animals and people. Animals that have been directly exposed to, but are not showing signs of, a high risk communicable disease shall be quarantined to monitor for signs of illness and prevent spread of disease.

(f) Prior to adoption or return to field, all dogs and cats of required age must be vaccinated against rabies or have a valid exemption from vaccination, pursuant to § 8204 of Title 3. Dogs and cats in quarantine for rabies or on dangerous-dog hold shall be administered rabies vaccine prior to release from shelter, unless proof of current rabies vaccine is provided.

(g) Feeding. —

(1) Animals must be fed at least once each day except as otherwise required to provide adequate veterinary care. The food must be free from contamination and must be wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for species, condition, age, and size of the animal.

(2) Fresh, clean water must be accessible at all times, unless directed by a veterinarian.

(3) Food and water bowls must be durable and shall be kept clean and sanitized.

(4) Food preparation and storage areas must be easily sanitized and maintained in clean condition.

(5) Supplies of food must be stored in a manner that protects the supplies from spoilage, contamination, and vermin infestation. All open bags of food must be stored in airtight containers with lids. Foods requiring refrigeration must be stored accordingly.
16 Del. C. § 166 — Delaware Code / Title 16 / Chapter 1 / Subchapter V / Section 166
§ Â
        166. Indigent children with physical disabilities program â Powers and duties of Secretary.
Status: in_force

In carrying out § 165 of this title the Secretary or the Secretary’s designee may:

(1) Formulate and administer a detailed plan or plans for the purposes specified in § 165 of this title, and make such rules and regulations as may be necessary or desirable for the administration of such plans and this subchapter. Any such plan shall make provision for:

a. Financial participation by the State subject to § 164 of this title;

b. Administration of the plan by the Secretary or the Secretary’s designee may, and supervision by the Secretary or the Secretary’s designee of the administration of those services included in the state program which are not administered directly by it;

c. Maintenance of records and preparation of reports of services rendered;

d. Cooperation with medical, health, nursing and welfare groups and organizations and with any agency of the State charged with the administration of laws providing for vocational rehabilitation of children with physical disabilities;

e. Carrying out the purposes specified in § 165 of this title.

(2) Receive and expend in accordance with such plans all funds made available to the Secretary or the Secretary’s designee by the federal government, the State or its political subdivisions, or from other sources, for such purposes.

(3) Cooperate with the federal government, through its appropriate agency, or instrumentality, in developing, extending and improving such services, and in the administration of such plans.

(4) Cooperate with any individual or organization which may have been or shall be formed in the State for the purpose of improving services for children with physical disabilities.

(5) Expend such portions of its funds as may be necessary for carrying out the state plan in such a way as to meet the matching requirements of the federal government or any organization which may have been or shall be formed for the purpose of improving services for children with physical disabilities of the State.
16 Del. C. § 6203 — Delaware Code / Title 16 / Chapter 62 / Section 6203
§ Â
        6203. Office of Suicide Prevention.
Status: in_force

(a) The Office of Suicide Prevention is established under the Division of Substance Abuse and Mental Health.

(b) For purposes of this section:

(1) “Division” means “Division of Substance Abuse and Mental Health.”

(2) “Office” means “Office of Suicide Prevention.”

(c) The Office is established to address suicide prevention and to do all of the following:

(1) Serve in coordination with the Department of Services for Children, Youth and their Families as a place to reach all suicide prevention resources in this State.

(2) Assist the suicide prevention coalition in its mission.

(3) Provide suicide prevention, intervention, and postvention vision and guidance to stakeholders throughout this State.

(4) Work with community-level prevention organizations to promote best practices in suicide prevention, intervention, and postvention.

(5) Oversee suicide prevention, intervention, and postvention funding application processes and seek grant funds to further suicide prevention, intervention, and postvention.

(6) Prepare an annual report for the General Assembly and Governor that outlines the work of the Office and progress made towards suicide prevention, intervention, and postvention. The first report is due on October 15, 2026.

(7) Create the State’s Suicide Prevention Plan, referenced in § 6201 of this title, with approval of the suicide prevention coalition, on or before January 1, 2026.

(8) Update the State’s Suicide Prevention Plan no fewer than every 3 years.

(d) The Office will be led by a Director, who shall report to the Director of the Division. Additional employees may be hired consistent with recommendations of the Division and available funding.
16 Del. C. § 9959 — Delaware Code / Title 16 / Chapter 99 / Subchapter VI / Section 9959
§ Â
        9959. Temporary pricing measures for calendar year 2025 and 2026 [Expires Jan. 1, 2027, pursuant to 84 Del. Laws, c. 270, Â 5].
Status: in_force

(a) Except as provided in subsection (c) of this section, for calendar years 2025 and 2026, a hospital may not charge any payer, purchaser, insurer, or public program an amount that exceeds the greater of 2% or Core CPI plus 1% over rates from the previous year.

(b) A hospital may not charge or collect from a patient or any other individual or entity any amount that exceeds the amount permitted to be billed under subsection (a) of this section for any service.

(c) This section does not apply to a hospital that serves less than 5% Medicare eligible patients per year or a hospital that derives 45% or more of its revenue from Medicaid or uninsured patients.
16 Del. C. § 2703 — Delaware Code / Title 16 / Chapter 27 / Subchapter I / Section 2703
§ Â
        2703. Designation of recipient approved institution.
Status: in_force

(a) The Medical Council shall promptly, upon receipt of notice of the existence, location and identification of a dead body pursuant to § 2702 of this title, designate 1 of the approved institutions to receive such body for use, including dissection, in connection with anatomical studies conducted by approved persons and shall notify the approved institutions of its designation and shall notify the officer having custody of the body thereof, and the officer shall promptly deliver the body to the approved institution so designated upon payment by the hospital or research institution of the cost of embalming said body and any necessary transportation and storage costs involved.

(b) Each approved institution to which a dead body has been assigned for anatomical studies shall maintain said body in an embalmed condition, shall at all times ensure its proper and safe custody in an approved place of dissection, shall permit only approved persons to have access to such a body and shall identify all parts dissected free from the body with the same serial number assigned to the body by the Medical Council.
16 Del. C. § 9407A — Delaware Code / Title 16 / Chapter 94A / Section 9407A
§ Â
        9407A. Recognition of supporters.
Status: in_force

A decision or request made or communicated with the assistance of a supporter in conformity with this chapter shall be recognized for the purposes of any provision of law as the decision or request of the principal and may be enforced by the principal or supporter in law or equity on the same basis as a decision or request of the principal.
16 Del. C. § 6605D — Delaware Code / Title 16 / Chapter 66D / Section 6605D
§ Â
        6605D. Certificate of operation.
Status: in_force

If the fire life safety dampers and smoke control systems pass the applicable inspections and tests, the person performing the inspection or test shall execute a certificate of operation which shall verify such compliance, and provide the name and certification number of the individual(s) conducting the inspection or test and that person’s employer, the name of the building owner and address of the property, the location of all smoke dampers, fire dampers, combination fire/smoke dampers, and smoke control systems inspected or tested, and the date of the inspection or test. The building owner shall maintain a copy of the certificate of operation on the building property and make the certificate available for inspection upon request.
16 Del. C. § 7601 — Delaware Code / Title 16 / Chapter 76 / Section 7601
§ Â
        7601. Promulgation of building, plumbing, electrical and other codes; building permits; fees.
Status: in_force

The Levy Court of Kent County and the County Councils of New Castle County and Sussex County may adopt and enforce building codes, plumbing codes, electrical codes or other similar codes. The said Levy Court and County Councils may charge reasonable fees for the enforcement of said codes.
16 Del. C. § 4712 — Delaware Code / Title 16 / Chapter 47 / Subchapter II / Section 4712
§ Â
        4712. Nomenclature.
Status: in_force

The controlled substances listed or to be listed in the schedules in §§ 4714, 4716, 4718, 4720 and 4722 of this title are included by whatever official, common, usual, chemical or trade name designated.
16 Del. C. § 2515 — Delaware Code / Title 16 / Chapter 25 / Section 2515
§ Â
        2515. Revocation.
Status: in_force

(a) An individual may revoke the appointment of an agent, the designation of a default surrogate, or a health-care instruction in whole or in part, unless any of the following:

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

(2) The individual is found under § 2504(b) of this title to lack capacity to do so and, if the individual objects to the finding, the finding is confirmed under § 2505(d)(4) of this title.

(3) The individual created an advance mental health-care directive that includes the provision under § 2509(d) of this title and the individual is experiencing the psychiatric or psychological event specified in the directive.

(b) Revocation under subsection (a) of this section may be by any act of the individual that clearly indicates that the individual intends to revoke the appointment, designation, or instruction, including an oral statement to a health-care professional.

(c) Except as provided in § 2510 of this title, an advance health-care directive of an individual that conflicts with another advance health-care directive of the individual revokes the earlier directive to the extent of the conflict.

(d) Unless otherwise provided in an individual’s advance health-care directive appointing an agent, the appointment of a spouse or domestic partner of an individual as agent for the individual is revoked if any of the following:

(1) A petition for annulment, divorce, dissolution of marriage, legal separation, or termination has been filed and not dismissed or withdrawn.

(2) A decree of annulment, divorce, dissolution of marriage, legal separation, or termination has been issued.

(3) The individual and the spouse or domestic partner have agreed in a record to a legal separation.

(4) The spouse or domestic partner has deserted the individual for more than 1 year.
16 Del. C. § 4803B — Delaware Code / Title 16 / Chapter 48B / Section 4803B
§ Â
        4803B. Prescription Opioid Impact Fund.
Status: repealed

(a) A special fund known as the Prescription Opioid Impact Fund (“Impact Fund”) is established and the State Treasurer shall invest the Impact Fund consistent with the investment policies established by the Cash Management Policy Board. The State Treasurer shall credit interest to the Impact Fund on a monthly basis consistent with the rate established by the Cash Management Policy Board. The Impact Fund shall be administered collectively with the Prescription Opioid Settlement Fund under § 5196B of this title.

(b) The following moneys must be deposited in the Impact Fund:

(1) All impact fees collected by the State under § 4804B of this title.

(2) [Repealed.]

(3) Any other money appropriated or transferred to the Impact Fund by the General Assembly.

(c) Money in the Impact Fund must be used for activities in 1 or more of the following categories:

(1) Opioid addiction prevention.

(2) The following opioid addiction services:

a. Inpatient and outpatient treatment programs and facilities, including short-term and long-term residential treatment programs and recovery residences.

b. Services relating to treating substance use disorder for the under-insured and uninsured.

c. Emergency assistance relating to prescription opioids, including purchasing pharmaceuticals used to reverse the effect of an opioid overdose.

d. Peer support programs.

e. Services to address adverse social determinants of health which act as a barrier to recovery, including family support services.

(3) The cost of administering this chapter, as follows:

a. No more than 15% of the money annually deposited into the Impact Fund may be used for administering this chapter including expenses incurred by the Prescription Monitoring Program under this chapter.

b. Entering into contracts to implement this chapter, including contracts entered into by the Secretary of the Department of Health and Social Services or the Secretary of State for administration of this chapter.

c. Costs incurred by the Attorney General to bring an action to enforce this chapter must be covered by the Impact Fund and are not subject to or included in the 15% cap on administrative expenses.

(d) Money in the Impact Fund may not be used to supplant existing state or local government funding.

(e) The Prescription Opioid Settlement Distribution Commission shall distribute the money in the Impact Fund.

(f) Money appropriated by the General Assembly to implement this chapter must be reimbursed from money received under this section.
16 Del. C. § 2215A — Delaware Code / Title 16 / Chapter 22A / Section 2215A
§ Â
        2215A. Disposition of money collected from fines and penalties.
Status: in_force

Whenever a court assesses a fine or penalty on a defendant for a violation of this chapter, after collecting the fine, the fine must be transmitted to the prothonotary or clerk of court and credited to the Fund.
16 Del. C. § 1702 — Delaware Code / Title 16 / Chapter 17 / Section 1702
§ Â
        1702. Prohibited areas for garbage disposal; revocation of permit.
Status: in_force

The Department of Health and Social Services may at any time determine the limits of areas within which garbage under no circumstances shall be disposed of or deposited and shall at any time revoke any permit given if the disposal of any garbage is conducted in such a way as to constitute a nuisance or a menace to the public health.
16 Del. C. § 4106 — Delaware Code / Title 16 / Chapter 41 / Section 4106
§ Â
        4106. Penalties.
Status: in_force

Any person and the officers or employees of any corporation violating this chapter shall for the first offense be fined not less than $50 and for each subsequent offense $100.
16 Del. C. § 3124 — Delaware Code / Title 16 / Chapter 31 / Subchapter II / Section 3124
§ Â
        3124. Registration of spontaneous fetal death.
Status: in_force

Each spontaneous fetal death of 350 grams or more, or in the absence of weight, of 20 completed week’s gestation or more, calculated from the date the last normal menstrual period began to the date of delivery, which occurs in this State shall be reported within 3 days after delivery to the Office of Vital Statistics by filing a report of fetal death. Induced terminations of pregnancy shall not be reported as spontaneous fetal deaths. The report of fetal death is the official record of birth and death for the fetal death.

(1) When a fetal death occurs in an institution, and the death is attended by a physician or advanced practice registered nurse/certified nurse midwife (APRN/CNM), the report of fetal death shall be prepared by a hospital clerk or head of admissions and shall be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within 3 days after delivery or as soon as possible thereafter but prior to final disposition of the dead body.

(2) When a fetal death occurs outside an institution, only a physician may sign a report of fetal death. The physician shall file the report of fetal death with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within 3 days after delivery or as soon as possible thereafter but prior to final disposition of the dead body.

(3) When a fetal death occurs without medical attendance at or shortly after the delivery, in a moving conveyance and the fetus is first removed from the conveyance in this State, the place of fetal death is unknown, the Division of Forensic Science shall conduct an investigation to determine the cause and manner of the fetal death and the medical examiner shall file the report of fetal death.
16 Del. C. § 3129 — Delaware Code / Title 16 / Chapter 31 / Subchapter II / Section 3129
§ Â
        3129. Registration of birth, death, marriage, divorce or fetal death where registration neglected or omitted.
Status: in_force

Notwithstanding any other provisions of this chapter, the State Registrar, on the production of evidence satisfactory to the State Registrar relative to a birth, death, marriage, divorce or fetal death, if for any reason registration has been neglected or omitted, may register any birth, death, marriage, divorce or fetal death which may have occurred when registration was not effective or which may from any cause have escaped registration.
16 Del. C. § 3321 — Delaware Code / Title 16 / Chapter 33 / Section 3321
§ Â
        3321. Complaint of violation of Ââ3320; procedure for entry, sampling and testing; costs; certificate as evidence.
Status: in_force

(a) If any person makes complaint in writing, verified by oath or affirmation before any justice of the peace or other court having criminal jurisdiction, alleging that the complainant has probable cause to suspect and does suspect and believe that any other person by that person’s own self, or that person’s agents or servants, has rendered or manufactured, sold, offered or exposed for sale or has in that person’s possession with intent to sell, contrary to § 3320 of this title, any article, product or compound made in imitation of yellow butter and in the complaint describes the article, product or compound as particularly as may be and designates the house or place where complainant suspects and believes the article, product or compound is and the name of the person suspected, the justice of the peace or such court may, within the limits of the justice of the peace or its jurisdiction, issue a warrant to search such house or place.

(b) The warrant shall be directed to any officer or to any other person by name for service and shall recite the essential facts alleged in the complaint, and the officer or other person to whom it is directed for service shall proceed thereunder as provided in subsection (c) of this section.

(c) The officer or other person to whom the warrant is directed may enter the house or place designated and if that officer or person finds therein what that officer or person believes to be any article, product or compound made in imitation of yellow butter, contrary to § 3320 of this title, that officer or person shall take a sample or samples thereof for the purpose of having the same analyzed or tested as provided in this section. To obtain such sample or samples, the officer or other person to whom the warrant is directed may open any can, vessel or package by that officer or person believed to contain such imitation article, product or compound and take therefrom the sample or samples. The officer or other person to whom the warrant is directed, when taking a sample or samples of the alleged imitation article, product or compound, shall then and there divide the sample into 2 parts as nearly equal as may be, wrap the parts in separate packages, seal the same and offer 1 of the parts to the person in whose custody the article was when taken with a written notice of the time, place and date, when and where the sample was taken and that it was taken for the purpose of analyzing or testing it. The other part of the sample, together with a copy of the written notice, shall be delivered by the officer or other person to whom the warrant is directed to the State Chemist, who shall cause the same to be analyzed or otherwise satisfactorily tested, the result of which analysis or test the State Chemist shall record and preserve as evidence.

(d) The officer or other person to whom the warrant was directed shall, within 1 week after delivery to the State Chemist, return the warrant with that officer’s or person’s proceedings thereunder and that officer’s or person’s costs and actual expenses endorsed thereon to the justice of the peace or court, the costs to correspond in amount as nearly as may be with the costs to which an officer serving a search warrant would thereby be entitled.

(e) After the sample has been delivered to the State Chemist, the State Chemist shall, with all convenient speed analyze or test the same and upon the completion thereof shall forward to the Attorney General a certificate of the result thereof duly verified by oath or affirmation, and the certificate so verified shall be admitted as evidence in any prosecution under § 3320 of this title.

(f) This section relating to searches and seizures shall be subject to Chapter 23 of Title 11. If there is any conflict or inconsistency between this section and such chapter, the latter shall prevail.
16 Del. C. § 6701A — Delaware Code / Title 16 / Chapter 67 / Section 6701A
§ Â
        6701A. Authority of fire officers-in-charge.
Status: in_force

While any duly constituted fire department recognized by the Delaware State Fire Prevention Commission is responding to, operating at or returning from a fire, service call or other emergency, the fire chief, any other elected or appointed fire line officer or any member serving the capacity of fire officer-in-charge shall have the authority:

(1) Of controlling and directing the activities at such scene;

(2) To order any person or persons to leave any building or place in the vicinity of such scene for the purpose of protecting such persons from injury;

(3) To blockade any public highway, street or private right-of-way temporarily while at such scene;

(4) To trespass at any time of the day or night without liability while at such scene;

(5) To enter any building, including private dwellings, or upon any premises where a fire is in progress, or where there is reasonable cause to believe a fire is in progress, for the purpose of extinguishing the fire;

(6) To enter any building, including private dwellings, or premises near the scene of the fire for the purpose of protecting the building or premises or for the purpose of extinguishing the fire which is in progress in another building or premises;

(7) To inspect for preplanning all buildings, structures or other places in their fire district excepting, however, the interior of a private dwelling, where any combustible material, including waste paper, rags, shaving, waste, leather, rubber, crates, boxes, barrels, rubbish or other combustible material that is or may become dangerous as a fire menace to such building or buildings, structure or other places has been allowed to accumulate or where such chief or the chief’s designated representative has reason to believe that such material of a combustible nature has accumulated or is liable to be accumulated;

(8) To direct without liability the removal or destroying of any fence, house, motor vehicle or other thing which the chief may judge necessary to be pulled down or destroyed, to prevent the further spread of the fire;

(9) To request and be supplied with additional materials such as sand, treatments, chemicals, etc., and special equipment when it is deemed a necessity, to prevent the further spread of the fire or hazardous condition, the cost of which to be borne by such property owner;

(10) To order disengagement or discouplement of any convoy, caravan, or train of vehicles, craft or railway cars if deemed a necessity in the interest of safety of persons or property;

(11) To take command of all industrial management, fire brigades or fire chiefs whenever the chief’s company or department is called to respond to such; if in the chief’s opinion such action is in the interest of public safety;

(12) In the event of an incident involving a hazardous substance, to transfer command to a state or federal emergency response team in accordance with the State Hazardous Substance Incident Contingency Plan.
16 Del. C. § 6201 — Delaware Code / Title 16 / Chapter 62 / Section 6201
§ Â
        6201. The Delaware Suicide Prevention Coalition; mission, composition, organization, and reporting.
Status: in_force

(a) There is hereby established the Delaware Suicide Prevention Coalition, hereinafter in this chapter referred to as “the Coalition.”

(b) The Coalition shall do all of the following:

(1) Review and analyze statistics and patterns related to suicide and suicide attempts.

(2) Consult with the Division of Public Health to determine the prevalence of suicide.

(3) Implement methods to reduce suicide and attempts.

(4) Operate in accordance with the State of Delaware Suicide Prevention Plan.

(5) Manage the Gun Shop Project and comply with § 6202 of this title.

(c) The Coalition shall consist of the following members:

(1) One representative of the Division of Substance Abuse and Mental Health, to be appointed by the Secretary of the Department of Health and Social Services;

(2) One representative of the Division of Prevention and Behavioral Health Services, to be appointed by the Secretary of the Department of Services for Children, Youth and their Families;

(3) One representative of the Division of Public Health, to be appointed by the Secretary of the Department of Health and Social Services;

(4) One representative of the Department of Correction, to be appointed by the Commissioner of the department;

(5) One representative of the Department of Education, to be appointed by the Secretary of the department;

(6) One representative of the Delaware Commission of Veterans Affairs, to be appointed by the Chairman of the Commission;

(7) One representative of the Delaware National Guard, to be appointed by the Adjutant General;

(8) One representative of the Mental Health Association of Delaware, to be appointed by the Executive Director;

(9) One representative of a private psychiatric facility, appointed by the Governor;

(10) One representative to be appointed by the Governor;

(11) One representative who has experienced suicide ideation or survived a suicide attempt, appointed by the Governor;

(12) One representative who has lost a loved one to suicide, appointed by the Governor.

(d) The Coalition shall elect a Chairperson from its members.

(e) The Coalition shall meet quarterly, and shall hold additional meetings as deemed necessary by the Chairperson.

(f) The Coalition shall report to the General Assembly and the Governor annually with findings and any pertinent recommendations, including the information required under § 6202(e) of this title.

(g) The Coalition shall be staffed by the Division of Substance Abuse and Mental Health.
16 Del. C. § 8701 — Delaware Code / Title 16 / Chapter 87 / Section 8701
§ Â
        8701. Emergency communication.
Status: in_force

(a) Every elevator which is used to transport people shall have some means for its passengers to communicate directly to a person outside the elevator in an emergency; such means shall be available on a 24-hour basis.

(b) This section shall not apply to any private residence.

(c) Each county or municipality may adopt rules or regulations to effectuate this section.
16 Del. C. § 3008L — Delaware Code / Title 16 / Chapter 30L / Section 3008L
§ Â
        3008L. Exclusion of application of chapter.
Status: in_force

The requirements of §§ 3005L and 3006L of the title shall not apply to coaches, athletes, officials, parents and guardians of visiting teams or groups of participants from outside the State.
16 Del. C. § 9218 — Delaware Code / Title 16 / Chapter 92 / Section 9218
§ Â
        9218. Refunding bonds or notes.
Status: in_force

(a) The Authority is hereby authorized to provide for the issuance of bonds or notes of the Authority for the purpose of refunding any outstanding bonds, notes or other obligations of the Authority, or of a participating facility, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, prepayment or maturity of such bonds, notes or other obligations and, if deemed advisable by the Authority, for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions or enlargements of a project or any portion thereof.

(b) The proceeds of any such bonds or notes issued for the purpose of refunding outstanding bonds or notes, may, in the discretion of the Authority, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds or notes either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof and may, pending such application, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the Authority.

(c) Any such escrowed proceeds, pending such use, may be invested and reinvested in direct obligations of the United States of America, or in certificates of deposit or time deposits secured by direct obligations of the United States of America, or in any other obligation or security as may be determined by the Authority maturing at such time or times as shall be appropriate to assure the prompt payment, as to principal, interest and redemption premium, if any, of the outstanding bonds or notes to be so refunded. The interest, income and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds or notes to be so refunded. After the terms of the escrow have been fully satisfied and carried out, any balance of such proceeds and interest, income and profits, if any, earned or realized on the investments thereof may be returned to the Authority for use by it in any lawful manner.

(d) The portion of the proceeds of any such bonds or notes issued for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions or enlargements of a project may be invested and reinvested in direct obligations of the United States of America, or in certificates of deposit or time deposits secured by direct obligations of the United States of America, or in any other obligation or security as may be determined by the Authority maturing not later than the time or times when such proceeds will be needed for the purpose of paying all or any part of such cost. The interest, income and profits, if any, earned or realized on such investment may be applied to the payment of all or any part of such cost or may be used by the Authority in any lawful manner.

(e) All such bonds or notes shall be subject to this chapter in the same manner and to the same extent as other bonds or notes issued pursuant to this chapter.
16 Del. C. § 9216 — Delaware Code / Title 16 / Chapter 92 / Section 9216
§ Â
        9216. Remedies.
Status: in_force

Any holder of bonds, notes, bond anticipation notes, other notes or other obligations of the Authority issued under this chapter or any of the coupons appertaining thereto, and the trustee or trustees under any trust agreement, except to the extent the right herein given may be restricted by any resolution authorizing the issuance of, or any such trust agreement securing, such bonds or other obligations, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the State or granted hereunder or under such resolution or trust agreement, and may enforce and compel the performance of all duties required by this chapter or by such resolution or trust agreement to be performed by the Authority of any officer, employee or agent thereof, including the fixing, charging and collecting of the rates, rents, fees and charges herein authorized and required by such resolution or trust agreement to be fixed, established and collected.
16 Del. C. § 1123 — Delaware Code / Title 16 / Chapter 11 / Subchapter II / Section 1123
§ Â
        1123. Notice to resident.
Status: in_force

(a) The Department must prepare a notice that includes § 1121 of this title in its entirety. This notice must be available in a language and format that is accessible to each resident or their authorized representative under § 1122 of this title. Within 30 days of any revisions to § 1121 of this title, the Department must prepare and make available an updated version of the notice.

(b) Each long-term care facility must post the notice described in subsection (a) of this section conspicuously in a public area of the facility.

(c) Each long-term care facility must furnish copies of the notice required under subsection (a) of this section to all of the following:

(1) Each resident upon admittance to the facility.

(2) All residents currently residing in the facility.

(3) Each authorized representative under § 1122 of this title.

(d) The long-term care facility must retain in its files a statement signed by each individual listed in subsection (c) of this section that the individual has received a copy of § 1121 of this title.
16 Del. C. § 2221 — Delaware Code / Title 16 / Chapter 22 / Section 2221
§ Â
        2221. Devolution of rights.
Status: in_force

Where consistent with the nature of each right in § 2220 of this title and unless otherwise provided by state or federal law, all of such rights, particularly as they pertain to a person adjudicated incompetent in accordance with state law, or a patient who is found physically or mentally incapable by the patient’s own attending physician, or a patient who is unable to communicate with others, or a minor under the age of 18 years who does not consent to treatment under this chapter, shall devolve to the patient’s next of kin, legal guardian, legal custodian, relative caregiver, parents, representative, sponsoring agency or representative payee (except where the facility itself is the representative payee) selected pursuant to § 205(j) of the Social Security Act [42 U.S.C. § 405(j)].
16 Del. C. § 7801 — Delaware Code / Title 16 / Chapter 78 / Section 7801
§ Â
        7801. Statement of purpose.
Status: in_force

The Delaware General Assembly hereby declares that it is in the interest of the public to control, reduce and prevent the exposure of the public to asbestos. It is the intent of the General Assembly to ensure the health, safety and welfare of the public by regulating the practice of asbestos abatement, particularly in locations where the general public can reasonably be expected to have access for the purpose of ensuring that such abatement is performed in such a manner as to minimize exposure to asbestos fibers and contamination.
16 Del. C. § 5184 — Delaware Code / Title 16 / Chapter 51 / Subchapter VII / Section 5184
§ Â
        5184. Reporting requirements.
Status: in_force

(a) Any employee of a facility or anyone who provides services to a patient of a facility on a regular or intermittent basis who has reasonable cause to believe that a patient in a facility has been abused, mistreated, neglected or financially exploited shall immediately report such abuse, mistreatment, neglect or financial exploitation to the Department by oral and written communication. The written report shall be filed by the employee or service provider within 48 hours after the employee or service provider first gains knowledge of the abuse, mistreatment, neglect or financial exploitation.

(b) Any person required by subsection (a) of this section to make an oral and a written report who fails to do so shall be liable for a civil penalty not to exceed $1,000 per violation.

(c) In addition to those persons subject to subsection (a) of this section, any other person may make such a report if such person has reasonable cause to believe that a patient of a facility has been abused, mistreated, neglected or financially exploited.

(d) No facility shall retaliate or discriminate against any patient or person facilitating submission of a report or cooperating with any investigation prompted by a report under this section.

(e) Any correspondence or other written communication from a patient to the Department, the Attorney General’s office, the protection and advocacy agency and/or a law-enforcement agency shall, if delivered to or received by a facility, be promptly forwarded, unopened, by the facility to the agency to which it is written. Any correspondence or other written communication from the Department, the Attorney General’s office and/or a law-enforcement agency to a patient shall, if delivered to or received by the facility, be promptly forwarded, unopened, by the facility to such patient. Failure to comply with this section shall result in a civil penalty not to exceed $1,000 per violation.
16 Del. C. § 2518 — Delaware Code / Title 16 / Chapter 25 / Section 2518
§ Â
        2518. Powers of agent and default surrogate.
Status: in_force

(a) Except as provided in subsection (c) of this section, the power of an agent or default surrogate commences when the individual is found under § 2504(b) of this title or by a court to lack capacity to make a health-care decision. The power ceases if the individual later is found to have capacity to make a health-care decision, or the individual objects under § 2505(c) of this title to the finding of lack of capacity under § 2504(b) of this title. The power resumes if both of the following:

(1) The power ceased because the individual objected under § 2505(c) of this title.

(2) The finding of lack of capacity is confirmed under § 2505(d)(4) of this title or a court finds that the individual lacks capacity to make a health-care decision.

(b) An agent or default surrogate may request, receive, examine, copy, and consent to the disclosure of medical and other health-care information about the individual if the individual would have the right to request, receive, examine, copy, or consent to the disclosure of the information.

(c) A power of attorney for health care may provide that the power of an agent under subsection (b) of this section commences on appointment.

(d) (1) If no other person is authorized to do so, an agent or default surrogate may do all of the following on behalf of the individual:

a. Apply for public or private health insurance and benefits.

b. File a claim under the individual’s insurance and benefits.

c. Appeal a claim under the individual’s insurance and benefits, including an internal, administrative, or judicial appeal.

(2) An agent or default surrogate who may act under paragraph (d)(1) of this section does not, solely by reason of the power, have a duty to act under paragraph (d)(1) of this section.

(e) An agent or default surrogate may not consent to voluntary admission of the individual to a facility for mental health treatment unless both of the following:

(1) Voluntary admission is specifically authorized by the individual in an advance health-care directive in a record.

(2) The admission is for no more than the maximum of the number of days specified in the directive or 72 hours, whichever is less.

(f) Except as provided in subsection (g) of this section, an agent or default surrogate may not consent to placement of the individual in a nursing home if the placement is intended to be for more than 100 days if any of the following:

(1) An alternative living arrangement is reasonably feasible.

(2) The individual objects to the placement.

(3) The individual is not terminally ill.

(g) If specifically authorized by the individual in an advance health-care directive in a record, an agent or default surrogate may consent to placement of the individual in a nursing home for more than 100 days even if any of the following:

(1) An alternative living arrangement is reasonably feasible.

(2) The individual objects to the placement.

(3) The individual is not terminally ill.
16 Del. C. § 9601 — Delaware Code / Title 16 / Chapter 96 / Section 9601
§ Â
        9601. Declaration of purpose.
Status: in_force

The purpose of this chapter is to further the policy of the State to encourage and assist individuals with visual impairments and other disabilities to achieve maximum personal independence through useful and productive gainful employment by assuring an expanded and constant market for their products and services, thereby enhancing the dignity and capacity for self-support of individuals with visual impairments and other disabilities and decreasing their reliance on government benefits.
16 Del. C. § 4804A — Delaware Code / Title 16 / Chapter 48A / Section 4804A
§ Â
        4804A. Annual reports.
Status: in_force

The State Treasurer shall transmit to the Governor, State Auditor and the General Assembly an annual report describing the status of this Fund.
16 Del. C. § 5506 — Delaware Code / Title 16 / Chapter 55 / Subchapter I / Section 5506
§ Â
        5506. Protection from exploitation and abuse.
Status: in_force

Persons diagnosed with intellectual disabilities or other specific developmental disabilities have a right to protection from exploitation, abuse and degrading treatment. If accused, the person diagnosed with an intellectual disability or other specific developmental disabilities has a right to a fair trial with full recognition being given to the person’s degree of responsibility.
16 Del. C. § 5006 — Delaware Code / Title 16 / Chapter 50 / Section 5006
§ Â
        5006. Duties of hospital upon provisional admission.
Status: in_force

During the 48-hour period of provisional admission:

(1) The hospital shall try to evaluate the involuntary patient to assess the person’s psychological and physical needs, and may provide treatment to the involuntary patient as clinically appropriate and consistent with the State’s Mental Health Patients’ Bill of Rights pending the involuntary patient’s probable cause hearing;

(2) A psychiatrist designated by the Secretary of the Department of Services for Children, Youth and Their Families may, at any time prior to the commencement of judicial proceedings to determine the mental condition of a minor or an individual over the age of 18 who is receiving financial assistance or is in the custody of the Department, conduct an independent review of a determination that such a person is a person with a mental condition. If the psychiatrist determines that such person is not a person with a mental condition, the Department may withhold financial assistance for the diagnosis, care or treatment of such person;

(3) The hospital shall document in the patient’s medical record whether or not the involuntary patient can afford counsel and an independent psychiatrist or other licensed mental health professional to serve as an expert witness on the individual’s behalf.
16 Del. C. § 4311 — Delaware Code / Title 16 / Chapter 43 / Section 4311
§ Â
        4311. Regulations governing licensed establishments.
Status: in_force

Persons granted a license to manufacture soft drinks or other nonalcoholic beverages must comply with the following requirements:

(1) Every building, room, basement or cellar occupied or used for the preparation for sale, manufacture, packing, storage, sale or distribution of any drink products shall be properly lighted, drained, plumbed and ventilated and conducted with due regard for the purity and wholesomeness of the products therein produced, and with strict regard to the influence of such conditions upon the health of the operatives, employees, clerks or other persons therein employed. The term “drink products” as used in this section includes all waters, beverages, soft drinks and like products, whether simple, mixed or compound, and all substances or ingredients used in the preparation thereof.

(2) The floors, side walls, ceilings, furniture, receptacles, implements and machinery of every establishment where drink products are manufactured, packed, stored, sold or distributed shall at all times be kept in a clean, healthful and sanitary condition.

(3) Drink products in the process of manufacture, preparation, packing, storing, sale or distribution must be securely protected from flies, dust, dirt, and, as far as may be necessary, from all other foreign or injurious contamination.

(4) All refuse, dirt and waste products subject to decomposition and fermentation incident to the manufacture, preparation, packing, storing, selling and distribution of drink products must be removed from the premises daily.

(5) All bottling establishments shall be equipped with adequate and sufficient machinery for the automatic soaking, cleaning and rinsing of bottles. All bottles prior to refilling shall be cleansed and sterilized by soaking in a solution of not less than 31/2 percent caustic alkali for a period of not less than 3 minutes and at a temperature not lower than 120° Fahrenheit, to be followed by spraying and rinsing with water from the same source as used in filling, where practicable, or in any case by water of an accepted degree of purity and safety. Bottles too large for the machine shall be washed in the hot alkali solution and rinsed until free from any trace of alkali before refilling. All capping machines shall be provided with automatic crown feed. The reuse of caps, crowns or corks is prohibited. Such caps, crowns and corks shall be at all times so kept or stored as to be shielded from infection and contamination. All containers for the preparation or storage of syrups, fruit juices, extracts and flavors used in the manufacture of beverages shall be of glass, glazed-lined metal or stoneware. This shall not apply to those preparations not removed from the manufacturer’s shipping package. In no case shall receptacles of galvanized iron be used for liquids to be bottled. Containers shall be covered at all times. The construction of pumps and piping used for conveying syrups, fruit juices and similar liquids shall be such as to permit of ready disconnection and cleaning. Linings of lead or zinc are prohibited. Proper receptacles shall be provided for solid wastes. Floors, walls, ceilings, doors, windows, window ledges, etc., shall be kept clean and free from dust. All fixtures, machinery, utensils and piping shall be maintained in clean condition, using for this purpose hot water, live steam and such chemical agents as may be approved by the Department of Health and Social Services.

(6) The clothing of operatives, employees, clerks or other persons must be clean.

(7) The side walls and ceilings in that part of bottling establishments in which the beverages or syrups are manufactured shall be kept oil painted or well limewashed, and all interior woodwork in every bottling establishment shall be kept washed and cleansed with soap and water, and every building, room, basement or cellar occupied for use in the preparation, manufacture, packing, storage, sale or distribution of drink products shall have an impermeable floor made of cement or tile, laid in cement, brick or other suitable nonabsorbent material which can be flushed and washed clean with water.

(8) The floors, windows and other openings of syrup rooms or any part of a bottling establishment used in the manufacture or mixing of syrups and extracts, etc., shall be fitted with self-closing screen doors and wire window screens made with wire not less than 14 meshes to the inch.

(9) No employer shall knowingly permit, require or suffer any person to work in a bottling establishment who is afflicted with any contagious or infectious disease, or with any skin disease.

(10) Every bottling establishment shall be provided with or have available for use a convenient washroom and toilet of sanitary construction, but such toilet shall be entirely separate and apart from any room used for the manufacture or storage of drink products.
16 Del. C. § 1192 — Delaware Code / Title 16 / Chapter 11 / Subchapter X / Section 1192
§ Â
        1192. Definitions [For application of this section, see 84 Del. Laws, c. 327, Â 2].
Status: in_force

For the purposes of this subchapter:

(1) “Assisted living facility” means as defined in § 1102 of this title.

(2) “Dementia care services” means ongoing specialized care for residents who have been diagnosed with Alzheimer’s disease or other dementias. Such care is designed to manage the behavioral and psychological symptoms of Alzheimer’s disease or other dementias. Such care includes planned group and individual programming and person-centered care practices to support activities of daily living for residents living with Alzheimer’s disease or other dementias. Dementia care services may be provided in a facility that is not or does not include a secured memory care unit. Dementia care services are a type of memory care services.

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

(4) “Direct care” means the provision of medical care services or personal care services to a resident, including:

a. Administering medications or medical treatments.

b. Conducting physical or psychosocial assessments.

c. Planning the treatment of, or care for, a resident.

d. Supporting activities of daily living, including bathing, dressing, transferring, toileting, and eating.

e. Coordinating resident-focused activities.

f. Supervising residents.

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

(6) “Resident” means as defined in § 1102 of Title 16.

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

(8) “Service agreement” means a written document developed with each resident or their authorized representative that describes what services will be provided, who will provide the services, when the services will be provided, how the services will be provided, and the expected outcome from the services.

(9) “Temporary staffing agency” means a business entity or subdivision that provides temporary staff to a long-term care facility within this State.
16 Del. C. § 3160 — Delaware Code / Title 16 / Chapter 31 / Subchapter III / Section 3160
§ Â
        3160. Report of cremation or natural organic reduction [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

Within 24 hours after the cremation or natural organic reduction is completed a report indicating the name of the individual, the individual’s address while alive, the date and cause of death, the names of the individuals signing the permit, the date of the completion of the cremation or natural organic reduction, and the disposal of the final remains must be forwarded by the person in charge of the crematory or natural organic reduction facility to the central Office of Vital Statistics.
16 Del. C. § 7406B — Delaware Code / Title 16 / Chapter 74B / Section 7406B
§ Â
        7406B. Penalties and civil liability.
Status: in_force

(1) Any person and/or agent of a person who violates this chapter may be subject to a civil penalty in an amount not to exceed $1,000 for each violation, to be imposed by the court in favor of the State to be deposited in the General Fund.

(2) If a violation of this chapter results in physical or electrical contact with any high voltage overhead line, the person violating or causing this chapter to be violated is liable to the public utility for all damages to the overhead line and related facilities and all costs and expenses, including damages owing to third persons, and cost of defense incurred by the public utility or such third persons as a result of such contact.
16 Del. C. § 6202 — Delaware Code / Title 16 / Chapter 62 / Section 6202
§ Â
        6202. The Delaware Gun Shop Project.
Status: in_force

(a) The Delaware Gun Shop Project is established, and referred to throughout this chapter as “the Gun Shop Project”.

(b) Definitions.

As used in this chapter:

(1) “Deadly weapon” means as defined under § 222 of Title 11.

(2) “Firearm” means as defined under § 222 of Title 11.

(3) “Gun shop” means a business located in this State that sells firearms, deadly weapons, or related projects, such as ammunition.

(c) The Coalition shall oversee the Gun Shop Project. The Division of Substance Abuse and Mental Health shall provide staff for the Gun Shop Project.

(d) Educational materials. — (1) The Gun Shop Project shall develop and create suicide prevention education materials that include all of the following:

a. Information on understanding the various clinical signs, symptoms, and indicators that might lead an individual to consider suicide.

b. Available suicide prevention resources.

(2) The educational materials under paragraph (d)(1) of this section must be provided through all of the following methods:

a. Written materials, such as a pamphlet, sign, poster, tip sheet, or other medium that meets the requirements of this chapter and the Gun Shop Project determines is appropriate. The Gun Shop Project is not required to provide every type of written material listed in this paragraph.

b. An online training course for deadly weapons dealers licensed under Chapter 9 of Title 24 and other customers.

(3) The Gun Shop Project shall refer to all of the following for guidance in developing and creating the educational materials under this section:

a. Gun shop projects of other states.

b. Industry projects, such as the National Shooting Sports Foundation.

c. Other projects or organizations that the Gun Shop Project determines is appropriate.

(4) The Gun Shop Project shall ensure that the written educational materials under paragraph (d)(2)a. of this section are made available for distribution through all of the following:

a. A gun shop, so the gun shop can distribute the materials at the point of purchase to an individual who is purchasing a firearm.

b. Another organization or location that the Gun Shop Project determines is appropriate.

(5) The Gun Shop Project shall ensure that the written educational materials under paragraph (d)(1) of this section are available on the Division of Substance Abuse and Mental Health’s website for downloading and access. The Gun Shop Project, the Coalition, or the Division of Substance Abuse and Mental Health are not required to physically deliver the written materials, if the materials are available online for downloading and access.

(e) The Gun Shop Project shall submit a written report as part of the Coalition’s annual report under this chapter, with a copy submitted to the Director and the Librarian of the Division of Legislative Services. The annual report must include all of the following:

(1) Progress of the Gun Shop Project.

(2) Number of participating deadly weapons dealers.

(3) Number of training attendees.
16 Del. C. § 9940 — Delaware Code / Title 16 / Chapter 99 / Subchapter V / Section 9940
§ Â
        9940. Findings.
Status: in_force

(a) The General Assembly finds and declares that the original purposes for DIDER enacted in 1981 remain sound and should be continued and strengthened.

(b) The General Assembly finds and declares that the arrangement between the State and Temple University Kornberg School of Dentistry and hospital-based residency programs, as provided in Chapter 11 of Title 24, are extremely valuable to the State. The General Assembly further finds that continued support of the Delaware Insitutute for Dental Education and Research to maintain these residencies should be perpetuated.

(c) The General Assembly finds and declares that DIDER can play a pivotal role in implementing many programs that could result in improved access to dental care for Delawareans.

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

(e) The General Assembly finds and declares that placing the administration of DIDER within the Delaware Health Care Commission will enhance its ability to accomplish its goals and ensure that DIDER’s future functions will be focused on promoting dental education and helping the State to meet its health-care needs, in concert with DIMER and other state health-care policy activities.
16 Del. C. § 522 — Delaware Code / Title 16 / Chapter 5 / Subchapter II / Section 522
§ Â
        522. Division investigates reported cases of tuberculosis.
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 may have tuberculosis, the Division shall investigate or further investigate the circumstances and if, after investigation, the Division is of the opinion that a case of tuberculosis has been found, the Division shall interview, or cause to be interviewed, said person in order to investigate the source and spread of the disease and in order to require said person to submit to examination and treatment as necessary. The Division shall keep record of all interventions with said persons.
16 Del. C. § 3507 — Delaware Code / Title 16 / Chapter 35 / Section 3507
§ Â
        3507. Enforcement; assistance of sheriffs and constables.
Status: in_force

The Department of Health and Social Services may enforce this chapter and, if necessary, call to its assistance the sheriff of any county or any constable within the State. The sheriffs and constables of the respective counties of the State shall assist the Department of Health and Social Services in enforcing this chapter whenever they shall be called upon by the Department of Health and Social Services.
16 Del. C. § 98A-107 — Delaware Code / Title 16 / Chapter 98A / Section 98A-107
§ Â
        98A-107. Veterans, service members separating from active duty military, and their spouses.
Status: in_force

A. Member states shall consider a veteran, active military service member, and member of the National Guard and Reserves separating from an active duty tour, and a spouse of the veteran or member, who holds a current, valid, and unrestricted NREMT certification at or above the level of the state license being sought, as satisfying the minimum training and examination requirements for licensure.

B. Member states shall expedite the processing of licensure applications submitted by veterans, active military service members, and members of the National Guard and Reserves separating from an active duty tour, and their spouses.

C. All individuals functioning with a privilege to practice under this section remain subject to the adverse actions provisions of § 98A-108 of this title.
16 Del. C. § 9206 — Delaware Code / Title 16 / Chapter 92 / Section 9206
§ Â
        9206. Source of payment of expenses.
Status: in_force

All expenses incurred in carrying out this chapter shall be payable solely from funds provided under the authority of this chapter and no liability or obligation shall be incurred by the Authority hereunder beyond the extent to which money shall have been provided under this chapter.
16 Del. C. § 2905 — Delaware Code / Title 16 / Chapter 29 / Section 2905
§ Â
        2905. Posting of signs.
Status: in_force

“Warning: Smoking Permitted” signs shall be prominently posted and properly maintained where smoking is permitted pursuant to § 2904(2) and (4) of this title. Such signs shall be posted and maintained by the owner, operator, manager or other person having control of such area. The letters on such signs shall be at least 1 inch in height.
16 Del. C. § 3002R — Delaware Code / Title 16 / Chapter 30R / Section 3002R
§ Â
        3002R. Definitions.
Status: in_force

As used in this chapter:

(1) “Division” means the Division of Public Health.

(2) “Hazard index” means a sum of fractions in which each fraction compares the level of each PFAS measured in the water to the highest level below which there is no risk of health effects.

(3) “Maximum contaminant level” or “MCL” means the legal threshold limit on the amount of a substance that is allowed in a public water drinking system.

a. Except as provided under paragraph (3)b. of this section, the MCLs for the PFAS regulated under this chapter are as follows:

1. For PFOA, an MCL of 4.0 PPT.

2. For PFOS, an MCL of 4.0 PPT.

3. PFHxS, an MCL of 10 PPT.

4. For PFNA, an MCL of 10 PPT.

5. For HFPO-DA, commonly known as “GenX chemicals,” an MCL of 10 PPT.

6. For mixtures containing 2 or more of PFHxS, PFNA, HFPO-DA, or PFBS, a hazard index MCL of 1.

b. If the United States Environmental Protection Agency (“EPA”) establishes an MCL that is lower than the MCL for a substance under paragraph (3)a. of this section, the MCL established by the EPA for that substance is the MCL for this chapter.

(4) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means per- and polyfluoroalkyl chemicals, substances, or compounds, which are substances with at least 1 per-fluorinated methyl group (-CF3) or 1 per-fluorinated methylene group (-CF2-), including parents, salts, and anionic forms. For purposes of this chapter, PFAS includes only those PFAS with an established legally-enforceable “MCL,” as defined under of this section.

(5) “PPT” means parts per trillion.

(6) “Public drinking water system” means as defined in § 6002 of Title 7.
16 Del. C. § 1001 — Delaware Code / Title 16 / Chapter 10 / Subchapter I / Section 1001
§ Â
        1001. âHospitalâ defined [For application of this section, see 83 Del. Laws, c. 102, Â 2].
Status: in_force

(a) As used in this chapter, “hospital” means a health-care organization that has a governing body, an organized medical and professional staff, and inpatient facilities, and provides either medical diagnosis, treatment and care, nursing and related services for ill and injured patients, or rehabilitation services for the rehabilitation of ill, injured or disabled patients 24 hours per day, 7 days per week and primarily engaged in providing inpatient services.

(b) Hospitals may be further classified as:

(1) General. —

Providing diverse patient services, diagnostic and therapeutic, for a variety of medical conditions. A general hospital must provide on-site:

a. Diagnostic x-ray services with facilities and staff for a variety of procedures.

b. Clinical laboratory services with facilities and with anatomical pathology services regularly and conveniently available.

c. Operating room service with facilities and staff.

d. Emergency department with facilities and staff.

(2) Long-term care. —

Providing inpatient services for patients whose medically-complex conditions require a long hospital stay with an average length of stay of greater than 25 days.

(3) Psychiatric. —

Providing services for the diagnosis and treatment of patients with psychiatric-related illness.

(4) Rehabilitation. —

Providing intensive inpatient rehabilitative services for 1 or more conditions requiring rehabilitation.

(5) Surgical. —

Providing inpatient and outpatient surgical and related services in which the anticipated duration of the patient’s stay will not exceed 72 hours following admission. A surgical hospital must provide all of the following services on-site:

a. Diagnostic x-ray services with facilities and staff for a variety of procedures.

b. Clinical laboratory services with facilities and anatomical pathology services regularly and conveniently available.

c. Operating room service with facilities and staff.

d. Basic emergency care.

(c) Hospitals classified under paragraphs (b)(2) through (4) of this section shall not be required to comply with the provisions of paragraph (b)(1) of this section, but must, at a minimum, provide on-site basic emergency care services.
16 Del. C. § 182 — Delaware Code / Title 16 / Chapter 1 / Subchapter VII / Section 182
§ Â
        182. Appointment of optometrists.
Status: in_force

Each optometric clinic shall be supervised and directed by 1 optometrist or 1 eye physician, duly licensed to practice optometry under the laws of this State, to be appointed by the Secretary or the Secretary’s designee to carry out this subchapter and shall serve during the pleasure of the Secretary or the Secretary’s designee and receive such compensation for services rendered as shall be determined by the Secretary or the Secretary’s designee.
16 Del. C. § 7504 — Delaware Code / Title 16 / Chapter 75 / Section 7504
§ Â
        7504. Penalties.
Status: in_force

Every owner of any such building as is specified in this chapter, whether an individual or a body corporate, who fails to comply with this chapter shall be fined not more than $200.
16 Del. C. § 2614 — Delaware Code / Title 16 / Chapter 26 / Section 2614
§ Â
        2614. Provisional certification of contractors.
Status: in_force

(a) The Department may grant provisional certification for abatement and remediation work conducted under this chapter to an individual who has been certified to conduct equivalent abatement and remediation work in another state with certification standards the Department finds to be at least as stringent as the standards enforced by this State.

(b) A provisional certification issued under subsection (a) of this section is valid for 1 year.

(c) During the provisional certification under subsection (a) of this section a contractor must receive appropriate certification as required under the law of this State.

(d) Nothing in this chapter prohibits the Department from granting reciprocal certification to an individual who is certified to perform equivalent work in another state with certification standards the Department finds to be at least as stringent as those enforced by this State.

(e) The Department may require proof of knowledge of standards and practices as a condition of provisional or reciprocal certification under this section.
16 Del. C. § 2411 — Delaware Code / Title 16 / Chapter 24 / Section 2411
§ Â
        2411. Construction of chapter.
Status: in_force

The provision of information to an employee shall not in any way affect the liability of an employer with regard to the health and safety of an employee or other persons exposed to hazardous chemicals, nor shall it affect the employer’s responsibility to take any action to prevent the occurrence of occupational disease as required under any other provision of law. The provision of information to an employee shall not affect any other duty or responsibility of a manufacturer, producer or formulator to warn ultimate users of a hazardous chemical under any other provision of law.
16 Del. C. § 6835 — Delaware Code / Title 16 / Chapter 68 / Subchapter V / Section 6835
§ Â
        6835. Definitions.
Status: in_force

As used in this subchapter:

(1) The term “compensation” does not include:

a. Any gift; or

b. Any reimbursement for any reasonable expense, incurred for the benefit of a nonprofit sports program.

(2) The term “member of the qualified staff ” means any person who:

a. Is a manager, coach, umpire or referee;

b. An assistant to a manager, coach, umpire or referee; or

c. Prepares any playing field for any practice session or any formal game.

d. An officer or ride leader of a formally organized bicycle club.

(3) The term “negligent act or omission” shall be defined in accordance with applicable State law, except that such meaning shall not include any reckless act or omission nor any grossly negligent act or omission.

(4) The term “nonprofit sports program” means any program (whether or not it is registered with or recognized by the State or any political subdivision of the State):

a. That is in a competitive sport formally recognized as a sport, on the date the cause of action to which this subchapter applies arises, by the Amateur Athletic Union or the National Collegiate Athletic Association, or is a formally organized noncompetitive recreational bicycle club whether recognized by the Amateur Athletic Union or the National Collegiate Athletic Association or not; and

b. That is organized for recreational purposes and whose activities are substantially for such purposes; and

c. No part of whose net earnings inures to the benefit of any private person.
16 Del. C. § 907 — Delaware Code / Title 16 / Chapter 9 / Subchapter I / Section 907
§ Â
        907. Temporary emergency protective custody.
Status: in_force

(a) A police officer, nurse practitioner, or a physician who reasonably suspects that a child is in imminent danger of suffering serious physical harm or a threat to life as a result of abuse or neglect and who reasonably suspects the harm or threat to life may occur before the Family Court can issue a temporary protective custody order may take or retain temporary emergency protective custody of the child without the consent of the child’s parents, guardian, or others legally responsible for the child’s care.

(b) Any person taking a child into temporary emergency protective custody under this section shall immediately notify the Department, in the county in which the child is located, of the person’s actions and make a reasonable attempt to advise the parents, guardians, or others legally responsible for the child’s care. In notifying the Department, such person shall set forth the identity of the child and the facts and circumstances which gave such person reasonable cause to believe that there was imminent danger of serious physical harm or threat to the life of the child. Upon notification that a child has been taken into temporary emergency protective custody, the Department shall immediately respond in accordance with § 906 of this title to secure the safety of the child which may include ex parte custody relief from the Family Court if appropriate.

(c) Temporary emergency protective custody for purposes of this section may not exceed 4 hours and must cease upon the Department’s response pursuant to subsection (b) of this section.

(d) For the purposes of this section, “temporary emergency protective custody” means temporary placement within a hospital, medical facility, or such other suitable placement; provided, however, that an abused or neglected child may not be detained in temporary custody in a secure detention facility.

(e) A Department investigator conducting an investigation pursuant to § 906 of this title has the same authority as that granted to a police officer, nurse practitioner, or physician in subsection (a) of this section, subject to all the same conditions as those listed in subsections (a) through (d) of this section, provided that the child in question is located at a school, day care facility, or child care facility at the time that the authority is initially exercised. In no other case may an employee of the Department exercise custody under this section.
16 Del. C. § 2517 — Delaware Code / Title 16 / Chapter 25 / Section 2517
§ Â
        2517. Duties of agent and default surrogate.
Status: in_force

(a) An agent or default surrogate has a fiduciary duty to the individual for whom the agent or default surrogate is acting when exercising or purporting to exercise a power under § 2518 of this title.

(b) An agent or default surrogate shall make a health-care decision in accordance with the direction of the individual in an advance health-care directive and other goals, preferences, and wishes of the individual to the extent known or reasonably ascertainable by the agent or default surrogate.

(c) If there is not a direction in an advance health-care directive and the goals, preferences, and wishes of the individual regarding a health-care decision are not known or reasonably ascertainable by the agent or default surrogate, the agent or default surrogate shall make the decision in accordance with the agent’s or default surrogate’s determination of the individual’s best interest.

(d) In determining the individual’s best interest under subsection (c) of this section, the agent or default surrogate shall do all of the following:

(1) Give primary consideration to the individual’s contemporaneous communications, including verbal and nonverbal expressions.

(2) Consider the individual’s values to the extent known or reasonably ascertainable by the agent or default surrogate.

(3) Consider the risks and benefits of the potential health-care decision.

(e) As soon as reasonably feasible, an agent or default surrogate who is informed of a revocation of an advance health-care directive or disqualification of the agent or default surrogate shall communicate the revocation or disqualification to a responsible health-care professional.
16 Del. C. § 7919 — Delaware Code / Title 16 / Chapter 79 / Section 7919
§ Â
        7919. Cleanouts in drainage systems.
Status: in_force

The drainage system shall be provided with an adequate number of cleanouts so arranged that in case of stoppage the pipes may be readily accessible.
16 Del. C. § 1204 — Delaware Code / Title 16 / Chapter 12 / Subchapter I / Section 1204
§ Â
        1204. Genetic information access by the subject.
Status: in_force

An individual promptly upon request, may inspect, request correction of and obtain genetic information from the records of that individual.
16 Del. C. § 802 — Delaware Code / Title 16 / Chapter 8 / Section 802
§ Â
        802. Reporting existence of disease; investigation.
Status: in_force

Any physician, surgeon, obstetrician, midwife, nurse, maternity home or hospital of any nature, parent, relative and any persons attendant on or assisting in any way whatsoever, any infant or the mother of an infant at childbirth, or any time within 2 weeks after childbirth, knowing the condition defined in § 801 of this title to exist, within 6 hours thereafter shall report such fact to the local health officer of the city, town, village or whatever other political division there may be, within which the infant or the mother of any such infant may reside. The local health officer shall investigate or have investigated, each case as filed with the officer in pursuance with the law and any other such case as may come to the local health officer’s attention.
16 Del. C. § 710 — Delaware Code / Title 16 / Chapter 7 / Subchapter I / Section 710
§ Â
        710. Minors â Treatment, consent, and liability for payment for care.
Status: in_force

Any health facility or health-care professional may examine and provide treatment for an STD for any minor if such facility or professional is qualified to provide such examination or treatment. Consent to examination and treatment by a minor shall be controlled by §§ 707 and 708 of Title 13. The health-care professional in charge or other appropriate authority of the health facility or the health-care professional concerned shall prescribe an appropriate course of treatment for such minor. The fact of consultation, examination and treatment of such minor shall be strictly confidential and shall not be divulged by the facility or the health-care professional, including sending of a bill for such services to any persons other than the minor, except as follows:

(1) To persons providing consent pursuant to § 707 of Title 13 or persons informed of the minor’s testing and treatment under § 708 of Title 13;

(2) As is necessary to comply with the requirements of Chapter 9 of this title relating to child abuse investigations; or

(3) As is necessary to comply with the requirements of this chapter concerning the control and treatment of STDs, as well as the permitted dissemination of records and information under § 711 of this title.
16 Del. C. § 3151 — Delaware Code / Title 16 / Chapter 31 / Subchapter III / Section 3151
§ Â
        3151. Permit for removal, burial or other disposition; foreign permits; prerequisites for permit [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

When a death or a fetal death occurs or a dead body is found, the body may not be disposed of until the burial or transit permit is completed. The burial or transit permit must accompany the body and must be:

(1) Given to the sexton of the cemetery when the body is interred.

(2) Retained by the funeral director when the cemetery has no sexton.

(3) In cases of cremation or natural organic reduction:

a. Retained with the final remains.

b. Retained by the funeral director if so desired.
16 Del. C. § 3202 — Delaware Code / Title 16 / Chapter 32 / Section 3202
§ Â
        3202. Purpose.
Status: in_force

The intent of the General Assembly is to require the establishment and maintenance of a cancer registry for the State. This responsibility is delegated to the Department of Health and Social Services, along with the authority to exercise certain powers to implement this requirement. To ensure an accurate and continuing source of data concerning cancer and certain specified tumors of a benign nature, the General Assembly by this chapter requires certain health care practitioners and all hospitals, clinical laboratories and cancer treatment centers within the State to make available to the Department of Health and Social Services information contained in the medical records of patients who have cancer or tumors of a benign nature. It is intended that the product of these efforts will be a central data bank of accurate, precise and current information regarding the subject diseases.
16 Del. C. § 1112 — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1112
§ Â
        1112. Collection of civil penalties.
Status: in_force

(a) All civil penalties collected under this chapter must be remitted to the Long-Term Care Residents’ Trust Fund if based on a federal regulation, or to the State Civil Penalty Trust Fund, if based on a state statute or regulation.

(b) Payment of any civil penalty by a facility is not an allowable cost for reimbursement under the state Medicaid program or under other state-funded programs.

(c) If a long-term care facility, after notice and opportunity for hearing, does not pay a properly assessed penalty in accordance with this subchapter, the Department shall deduct the amount of the civil penalty from amounts otherwise due from the State to the long-term care facility and remit that amount to the State Civil Penalty Trust Fund.

(d) Alternatively, the Department may add the amount of the civil penalty to the licensing fee for the long-term care facility. If the licensee refuses to make the payment at the time of the application for renewal of its license, its license may not be renewed.

(e) The Department may also proceed for the collection of the civil money penalty in an action brought in the name of the Department in any court of competent jurisdiction.

(f) In the event of financial hardship, as determined by the Department, the Department may redirect the payment of penalties by the facility to take remedial action to correct the violation or violations.
16 Del. C. § 7125 — Delaware Code / Title 16 / Chapter 71A / Section 7125
§ Â
        7125. Effect of federal regulation.
Status: repealed

(a) This chapter shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this chapter is adopted and becomes effective.

(b) Notwithstanding any other provision of law, the local government units of this State may neither enact nor enforce any ordinance or other local law or regulations conflicting or preempted by, any provision of this chapter or with any policy of this State expressed by this chapter, whether that policy be expressed by inclusion in this chapter or with any policy of this State expressed by this chapter or by exclusion of that subject from this chapter.
16 Del. C. § 2009 — Delaware Code / Title 16 / Chapter 20 / Section 2009
§ Â
        2009. Data from other providers.
Status: in_force

The Delaware Health Care Commission or its successor agency shall complete an analysis of the merits and feasibility of collecting data from providers other than hospitals and nursing homes. Other providers to be considered shall include physicians, freestanding surgical centers, freestanding birthing centers and freestanding emergency centers licensed in the State. The results of such analysis along with proposed enabling legislation, as appropriate, shall be submitted to the Governor and the General Assembly by December 31, 1995.
16 Del. C. § 181 — Delaware Code / Title 16 / Chapter 1 / Subchapter VII / Section 181
§ Â
        181. Establishment of optometric clinics.
Status: in_force

The Department of Health and Social Services shall establish 1 optometric clinic in Sussex County, 1 in Kent County and 1 in New Castle County.
16 Del. C. § 2507 — Delaware Code / Title 16 / Chapter 25 / Section 2507
§ Â
        2507. Health-care instruction.
Status: in_force

(a) An individual may create a health-care instruction that expresses the individual’s preferences for future health care, including preferences regarding all of the following:

(1) Health-care professionals or health-care institutions.

(2) How a health-care decision will be made and communicated.

(3) Persons that should or should not be consulted regarding a health-care decision.

(4) A person to serve as guardian for the individual if 1 is appointed.

(5) An individual to serve as a default surrogate.

(b) A health-care professional to whom an individual communicates or provides an instruction under subsection (a) of this section shall document the instruction and the date of the instruction in the individual’s medical record or communicate the instruction and date of the instruction to an administrator with responsibility for medical records of the health-care institution providing health care to the individual, who shall document the instruction and the date of the instruction in the individual’s medical record.

(c) A health-care instruction made by an individual that conflicts with an earlier health-care instruction made by the individual, including an instruction documented in a medical order, revokes the earlier instruction to the extent of the conflict.

(d) A health-care instruction may be in the same record as a power of attorney for health care.
16 Del. C. § 2516A — Delaware Code / Title 16 / Chapter 25A / Section 2516A
§ Â
        2516A. Assumptions and presumptions.
Status: in_force

(a) Neither the execution of a DMOST form under this chapter nor the fact that health care is withheld or withdrawn from a patient in accordance therewith shall, for any purpose, constitute a suicide.

(b) The completion of a DMOST form pursuant to this chapter shall not be deemed or presumed to modify the terms of an existing insurance policy. No policy of insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of health care from an insured patient, notwithstanding any term of the policy to the contrary.

(c) No health-care institution, health-care provider, health-care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, nonprofit hospital service plan, or any other type of direct or indirect provider of health-care benefits or services, shall require any individual to execute a DMOST form as a condition to being insured, to receiving care, or to being admitted to a health-care institution in order to receiving health-care services.
16 Del. C. § 10201 — Delaware Code / Title 16 / Chapter 102 / Section 10201
§ Â
        10201. Purpose.
Status: in_force

The purpose of this chapter is to establish a 211 Community Social Services Helpline (211 Helpline) to provide community social services information and referral services at a centralized location, 24 hours a day, 7 days a week.
16 Del. C. § 3101 — Delaware Code / Title 16 / Chapter 31 / Subchapter I / Section 3101
§ Â
        3101. Definitions [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

For purposes of this chapter:

(1) “Dead body” means a lifeless human body or such parts of such human body from the condition of which it reasonably may be concluded that death recently occurred.

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

(3) “File” means the presentation of a vital record provided for in this chapter for registration by the Office of Vital Statistics.

(4) “Final remains” means the body of a deceased individual, including what results following cremation or natural organic reduction.

(5) “Induced termination of pregnancy” means the purposeful interruption of an intrauterine pregnancy with the intention other than to produce a live-born infant or to remove a dead fetus and which does not result in a live birth. This definition excludes management of prolonged retention of products of conception following fetal death.

(6) “Institution” means any establishment, public or private, which provides in-patient medical, surgical or diagnostic care or treatment or nursing, custodial or domiciliary care, or to which persons are committed by law.

(7) “Live birth” means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which after expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsations of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. Heartbeats are to be distinguished from transient cardiac contractions; respirations are to be distinguished from fleeting respiratory efforts or gasps.

(8) “Natural organic reduction” means the contained, accelerated conversion of human remains to soil.

(9) “Natural organic reduction facility” means a structure, room, or other space in a building or a real property where natural organic reduction of a human body occurs.

(10) “Physician” means a person authorized or licensed to practice medicine or osteopathy pursuant to the laws of this State.

(11) “Registration” means the acceptance by the Office of Vital Statistics and the incorporation of vital records provided for in this chapter into its official records.

(12) “Spontaneous fetal death” or “stillborn fetus” is defined as a spontaneous death (i.e., not an induced termination of pregnancy) prior to the complete expulsion or extraction from its mother of a product of conception. The death is indicated by the fact that after such separation, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles. Heartbeats are to be distinguished from transient cardiac contractions; respirations are to be distinguished from fleeting respiratory efforts or gasps.

(13) “Stillbirth” means any complete expulsion or extraction from its mother of a product of human conception that weighs 350 grams or more, or in the absence of weight, of 20 completed weeks gestation or more, resulting in other than a live birth and which is not an induced termination of pregnancy.

(14) “System of vital statistics” means the registration, collection, preservation, amendment and certification of vital records; the collection of other reports required by this chapter; and activities related thereto including the tabulation, analysis and publication of vital statistics.

(15) “Vital records” means certificates or reports of birth, death, marriage, divorce or annulment, and data related thereto.

(16) “Vital statistics” means the data derived from certificates and reports of birth, death, spontaneous fetal death, marriage, divorce or annulments, and related reports.
16 Del. C. § 4913A — Delaware Code / Title 16 / Chapter 49A / Section 4913A
§ Â
        4913A. Affirmative defense and dismissal for medical marijuana.
Status: in_force

(a) Except as provided in § 4904A of this title and this section, an individual may assert a medical purpose for using marijuana as a defense to any prosecution of an offense involving marijuana intended for the patient’s medical use, and this defense shall be presumed valid and the prosecution shall be dismissed where the evidence shows all of the following:

(1) A health-care practitioner states that, in the health-care practitioner’s professional opinion, after having completed a full assessment of the individual’s medical history and current medical condition made in the course of a bona fide health-care practitioner-patient relationship, the patient is likely to receive therapeutic or palliative benefit from marijuana to treat or alleviate the individual’s medical condition or symptoms associated with the individual’s medical condition.

(2) The individual was in possession of no more than 6 ounces of usable marijuana.

(3) The individual was engaged in the acquisition, possession, use, or transportation of marijuana, paraphernalia, or both, relating to the administration of marijuana to treat or alleviate the individual’s medical condition or symptoms associated with the individual’s medical condition.

(b) The defense and motion to dismiss shall not prevail if the prosecution proves that

(1) The individual had a registry identification card revoked for misconduct; or

(2) The purposes for the possession of marijuana were not solely for palliative or therapeutic use by the individual with a medical condition who raised the defense.

(c) An individual is not required to possess a registry identification card to raise the affirmative defense set forth in this section.

(d) If an individual demonstrates the individual’s medical purpose for using marijuana pursuant to this section, except as provided in § 4909A of this title, the individual shall not be subject to the following for the individual’s use of marijuana for medical purposes:

(1) Disciplinary action by an occupational or professional licensing board or bureau; or

(2) Forfeiture of any interest in or right to nonmarijuana, licit property.

(e) (1) This section shall only apply for arrests made after July 1, 2011, until 75 days after registration for qualified patients is available, and

(2) Thereafter, for arrests made after a valid application for a qualifying patient has been submitted and before the registry identification card has been received.
16 Del. C. § 1136 — Delaware Code / Title 16 / Chapter 11 / Subchapter III / Section 1136
§ Â
        1136. Violations.
Status: in_force

(a) Any person who knowingly or recklessly abuses, mistreats, or neglects a patient or resident is guilty of a class A misdemeanor.

(1) If the abuse involves sexual contact such person is guilty of a class G felony.

(2) If the abuse, mistreatment, or neglect results in serious physical injury, sexual penetration, or sexual intercourse, such person is guilty of a class C felony.

(3) If the abuse, mistreatment, or neglect results in death, then the person is guilty of a class A felony.

(b) Any person who knowingly causes medication diversion of a patient or resident,is guilty of the following:

(1) A class G felony.

(2) A class F felony, if committed by a health-care professional.

(c) Any person who knowingly commits financial exploitation of a patient’s or resident’s resources is guilty of the following:

(1) A class A misdemeanor if the value of the resources is less than $1,000.

(2) A class G felony if the value of the resources is $1,000 or more.

(d) Any member of the board of directors or a high managerial agent who knows that patients or residents of the facility are being abused, mistreated, neglected, or financially exploited or are the victim of medication diversion and fails to promptly take corrective action is guilty of a class A misdemeanor.

(e) Nothing in this section precludes a separate charge, conviction, and sentence for any other crime under this title or this Code.
16 Del. C. § 3080F — Delaware Code / Title 16 / Chapter 30F / Subchapter V / Section 3080F
§ Â
        3080F. Finding to declare a dog nondangerous.
Status: in_force

If the Department fails to demonstrate by clear and convincing evidence that a dog is dangerous pursuant to § 3076F of this title or potentially dangerous pursuant to § 3077F of this title, the Justice of the Peace Court shall declare the dog to be nondangerous. Despite a finding that the dog is nondangerous, the Justice of the Peace Court may impose any condition deemed reasonable, given the circumstances of the case.
16 Del. C. § 811A — Delaware Code / Title 16 / Chapter 8A / Section 811A
§ Â
        811A. Delivery of policy.
Status: in_force

If a health insurance policy provides coverage or benefits to a resident of this State, it shall be deemed to be delivered in this State within the meaning of this chapter, regardless of whether the health-care insurer issuing or delivering said policy is located inside or outside of the State.
16 Del. C. § 2204 — Delaware Code / Title 16 / Chapter 22 / Section 2204
§ Â
        2204. Powers of the Office.
Status: in_force

The Office of Substance Abuse Services, as a component of the Department of Health and Social Services, may, subject to the express provisions of other sections of this chapter:

(1) Plan for, establish, amend and revise standards for treatment programs when necessary or desirable;

(2) Make contracts necessary or incidental to the performance of its duties and the execution of its powers;

(3) Solicit and accept for use any money, real property or personal property made by will or otherwise and any grant of money, services or property from the federal government, the State or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grants;

(4) Administer or supervise the administration of the provisions relating to persons in need of treatment of any state plan submitted for federal funding pursuant to federal health, welfare or treatment legislation;

(5) Coordinate its activities with the Department of Services for Children, Youth and Their Families, and cooperate with alcohol and drug treatment programs in this and other states, and make contracts and other joint or cooperative arrangements with state, local or private agencies in this and other states to provide services to persons in need of treatment;

(6) Keep records and engage in the gathering of relevant statistics;

(7) Do other acts and things necessary to execute the authority expressly granted to it; and

(8) Acquire, hold or dispose of real property or any interest therein, and construct, lease or otherwise provide treatment facilities for persons in need of treatment.
16 Del. C. § 9956 — Delaware Code / Title 16 / Chapter 99 / Subchapter VI / Section 9956
§ Â
        9956. Appeal from a final decision of the Board.
Status: in_force

(a) A hospital affected by any final decision of the Board may appeal from such order to the Superior Court within 30 days from the date upon which such decision is served. The appeal shall be filed with the prothonotary of the Superior Court and the summons in the appeal shall be served upon the Chair of the Board and the Secretary of the Department of Health and Social Services, either personally or by certified mail.

(b) The appeal shall be based upon the record created before the Board.

(c) The scope of review before the Court shall be that the Board’s findings shall be upheld if they are supported by sufficient evidence, free of error of law, and not arbitrary or capricious. When factual issues are reviewed the Court shall take due account of the presumption of official regularity and the specialized competence of the Board.
16 Del. C. § 703 — Delaware Code / Title 16 / Chapter 7 / Subchapter I / Section 703
§ Â
        703. Examination, investigation and treatment of suspected persons [Effective July 17, 2028].
Status: in_force

The Director shall, when in the Director’s own judgment it is necessary to protect the public health, make examinations of persons reasonably suspected of being infected with an STD of a communicable nature; examine medical records of suspect or diagnosed cases which may be maintained by a health facility or health-care professional; require persons infected with an STD of a communicable nature to report for treatment to a health-care professional, public or private, qualified to provide treatment and continue treatment until cured, if possible, and also, when in the Director’s own judgment it is necessary to protect the public health, may issue an order seeking to examine, isolate or quarantine persons infected with an STD of a communicable nature or persons suspected of being infected with an STD.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, shall, when in their own judgment it is necessary to protect the public health, make examinations of persons reasonably suspected of being infected with an STD of a communicable nature; examine medical records of suspect or diagnosed cases which may be maintained by a health facility or health-care professional; require persons infected with an STD of a communicable nature to report for treatment to a health-care professional, public or private, qualified to provide treatment and continue treatment until cured, if possible, and also, when in the Director’s own judgment or, if the Director is not a licensed physician or advanced practice registered nurse, the judgment of a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, it is necessary to protect the public health, may issue an order seeking to examine, isolate or quarantine persons infected with an STD of a communicable nature or persons suspected of being infected with an STD.
16 Del. C. § 1180 — Delaware Code / Title 16 / Chapter 11 / Subchapter VIII / Section 1180
§ Â
        1180. Definitions.
Status: repealed

As used in this subchapter:

(1) [Repealed.]

(2) “CMS” means as defined in § 6501 of Title 30.

(3) “Managed care company under contract to the Medicaid agency” means an entity as defined in § 6501 of Title 30.

(4) “Medicaid” means as defined in § 6501 of Title 30.

(5) “Medicaid-enrolled nursing facility” means a nursing facility enrolled in the Medicaid program or enrolled with a managed care company under contract to the Medicaid agency for the purpose of providing nursing facility services to Medicaid eligible residents, but excludes the Delaware Veterans Home and any state, federal, or other public government-owned facilities and any facilities that exclusively serve children.

(6) “Medicaid resident day” means as defined in § 6501 of Title 30.

(7) “Medicaid share of the quality assessment” means for each nursing facility, the assessment cost applicable to Medicaid residents.

(8) “Nursing facility” means as defined in § 6501 of Title 30.

(9) “Nursing facility services” means as defined in § 6501 of Title 30.
16 Del. C. § 6811 — Delaware Code / Title 16 / Chapter 68 / Subchapter II / Section 6811
§ Â
        6811. Disclosure of information.
Status: in_force

(a) Any authorized agency may, in writing, require the insurance company at interest to release to the requesting agency any or all relevant information or evidence deemed important to the authorized agency which the company may have in its possession, relating to the fire loss in question. Relevant information may include, without limitation herein:

(1) Pertinent insurance policy information relevant to a fire loss under investigation and any application for such a policy;

(2) Policy premium payment records which are available;

(3) History of previous claims made by the insured;

(4) Material relating to the investigation of the loss, including statements of any person, proof of loss or any other evidence relevant to the investigation.

(b) (1) When an insurance company has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, and such fire loss is in excess of $5,000, then, for the purpose of notification and for having such fire loss investigated, the company shall, in writing, notify an authorized agency and provide it with any or all material developed from the company’s inquiry into the fire loss.

(2) When an insurance company provides any one of the authorized agencies with notice of a fire loss, it shall be sufficient notice for the purpose of this subchapter.

(3) Nothing in this subsection shall abrogate or impair the rights or powers created under subsection (a) of this section.

(c) The authorized agency provided with information pursuant to subsection (a) or (b) of this section, and in furtherance of its own purposes, may release or provide information to any of the other authorized agencies.

(d) Any insurance company providing information to an authorized agency or agencies pursuant to subsection (a) or (b) of this section shall have the right to request relevant information and receive from the authorized agency or agencies within a reasonable time, not to exceed 30 days, the information requested.

(e) Any insurance company, or person acting in its behalf, or authorized agency who releases information, whether oral or written, pursuant to subsection (a) or (b) of this section shall be immune from any liability arising out of a civil action, or criminal prosecution.
16 Del. C. § 6603C — Delaware Code / Title 16 / Chapter 66C / Section 6603C
§ Â
        6603C. Carbon monoxide detection device installation.
Status: in_force

(a) Carbon monoxide detection devices required under § 6602C(a) of this title must be installed in accordance with the rules and regulations promulgated by the State Fire Marshal’s Office that must include all of the following:

(1) Single station battery-operated carbon monoxide detection devices listed for the purposes for which they are intended are permitted if both of the following conditions exist:

a. The lodging establishment was either constructed or received final approval for construction, before January 1, 2019;

b. The carbon monoxide detection devices are installed pursuant to manufacturers’ specifications.

(2) Requirements will be consistent with the standards and guidelines of all of the following:

a. The recommendations and instructions provided by the manufacturer of a device.

b. Local building codes.

c. The American National Standards Institute.

(b) Carbon monoxide detection devices are not required in a dwelling unit or sleeping unit if any of the following apply:

(1) A dwelling unit or sleeping unit is located more than 1 story above or below any story that contains a fuel-burning appliance or an attached garage.

(2) A dwelling unit or sleeping unit is not connected by duct work or ventilation shafts to any room containing a fuel-burning appliance or to an attached garage.
16 Del. C. § 223 — Delaware Code / Title 16 / Chapter 2 / Subchapter III / Section 223
§ Â
        223. Autism Surveillance and Registry Program.
Status: in_force

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

(1) The establishment and maintenance of an up-to-date registry that shall document every diagnosis or treatment, or both, of autism in any child in this State;

(2) a. The establishment of a procedure for reporting to the Department, within 30 days of initial diagnosis of every occurrence of autism in any child in this State. The procedure shall include the reporting of specified information, through a combined system of active and passive surveillance, on every child under 18 years of age with autism. Specified information shall be deemed necessary and appropriate to accomplish the purpose of this subchapter and in accordance with the recommendations from the Centers for Disease Control and Prevention, for the following reasons:

1. To identify risk factors for autism;

2. To investigate the causes and prevalence of autism;

3. To develop preventive strategies to decrease occurrences of autism;

4. To analyze incidences, prevalence and trends of autism through epidemiological studies; or

5. To investigate the morbidity and mortality rates resulting from autism;

b. Those required to report to the Department occurrences of autism shall include:

1. Any physician, surgeon, dentist, podiatrist or other health care practitioner who diagnoses a child with autism;

2. The designated representative of any hospital, dispensary or other similar public or private institution that diagnoses or provides treatment, or both, for children with autism;

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

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

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

(c) A parent, custodian or guardian of an infant having any autism may refuse disclosure to the surveillance system and registry of the infant’s name and identifying information on the grounds that such autism identification is contrary to the religious tenets and practices of the infant’s parent, custodian or guardian.
16 Del. C. § 1007A — Delaware Code / Title 16 / Chapter 10A / Section 1007A
§ Â
        1007A. Reports by other healthcare facilities.
Status: in_force

Only with the concurrence of the Advisory Committee, and not until such time that the Centers for Medicaid and Medicare Services or the Centers for Disease Control and Prevention issue final federal regulations requiring such, and after careful evaluation of the economic and public health impact, the Department may through regulation require the reporting of healthcare associated infections from healthcare facilities other than hospitals and correctional facilities. The procedures for reporting shall be consistent with procedures for reporting by hospitals as specified in this chapter, except as may be necessary to accommodate the unique characteristics and capabilities of the healthcare facilities and the capabilities of the National Healthcare Safety Network.
16 Del. C. § 6906 — Delaware Code / Title 16 / Chapter 69 / Section 6906
§ Â
        6906. Agricultural use.
Status: in_force

Nothing in this chapter shall prohibit the importation, sale, purchase or use of fireworks used or to be used solely and exclusively for the purpose of frightening birds from crops and such importation, sale, purchase or use shall be governed by rules and regulations to be prescribed by the Board of Agriculture.
16 Del. C. § 6602C — Delaware Code / Title 16 / Chapter 66C / Section 6602C
§ Â
        6602C. Carbon monoxide detection devices required.
Status: in_force

(a) Each owner of a lodging establishment shall install carbon monoxide detection devices in accordance with the installation requirements in § 6603C of this title if a dwelling unit or sleeping unit has either of the following:

(1) A fossil-fuel burning heater or appliance, a fireplace, or other feature, fixture, or element that emits carbon monoxide as a byproduct of combustion.

(2) An attached garage.

(b) The requirement of carbon monoxide detection devices under subsection (a) of this section applies to all new and existing lodging establishments, in accordance with the compliance dates provided in § 6604C of this title, regardless of when any such lodging establishment was built.

(c) The owner of a lodging establishment must install and maintain carbon monoxide detection devices required under this chapter, unless there is a tenant of a rented or leased lodging establishment required to have carbon monoxide detection devices under this chapter and the rental agreement, lease agreement, or contract is for a period of 1 month or more. In such a case, the owner must install the required carbon monoxide detection devices but the tenant is responsible for maintaining an operable battery in any carbon monoxide detection devices within the individual rented or leased dwelling unit.
16 Del. C. § 9904 — Delaware Code / Title 16 / Chapter 99 / Subchapter I / Section 9904
§ Â
        9904. Reporting requirements.
Status: in_force

(a) On or before January 15, 1991, the Commission shall report to the Governor and the General Assembly on the status of the recommendations contained in the May 31, 1990, Task Force Report. On or before March 15, 1991, the Commission shall submit to the Governor and the General Assembly its recommendations for legislative action on insurance reform. On or before May 15, 1991, the Commission shall report to the Governor and the General Assembly on the status of specific initiatives in Medicaid, education, outreach and case management, and the pilot model projects.

(b) On or before January 15, 1991, and on or before every January 15 thereafter, the Commission shall report to the Governor and the General Assembly on the status of all of the Task Force recommendations. The comprehensive report shall identify any segments of the population which remain without access to health care and any further recommendations deemed necessary to meet the Commission’s charge.