16 Del. C. § 4903A — Delaware Code / Title 16 / Chapter 49A / Section 4903A
§ Â
        4903A. Protections for the medical use of marijuana.
Status: repealed

(a) A registered qualifying patient shall not be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for the medical use of marijuana pursuant to this chapter, if the registered qualifying patient does not possess more than 6 ounces of usable marijuana.

(b) A registered designated caregiver shall not be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau:

(1) For assisting a registered qualifying patient to whom the registered designated caregiver is connected through the Commissioner’s registration process with the medical use of marijuana if the designated caregiver does not possess more than 6 ounces of usable marijuana for each qualifying patient to whom the registered designated caregiver is connected through the Commissioner’s registration process; and

(2) For receiving compensation for costs associated with assisting a registered qualifying patient’s medical use of marijuana if the registered designated caregiver is connected to the registered qualifying patient through the Commissioner’s registration process.

(c) [Repealed.]

(d) A registered qualifying patient or registered designated caregiver shall not be subject to prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau for possession of seeds and stalks.

(e) A registered qualifying patient or registered designated caregiver shall not be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau for giving marijuana to a registered qualifying patient, a registered compassion center, or a registered designated caregiver for a registered qualifying patient’s medical use where nothing of value is transferred in return, or for offering to do the same, if the person giving the marijuana does not knowingly cause the recipient to possess more marijuana than is permitted by this section.

(f) (1) There shall be a presumption that a qualifying patient is engaged in, or a designated caregiver is assisting with, the medical use of marijuana in accordance with this chapter if the qualifying patient or designated caregiver:

a. Is in possession of a valid registry identification card; and

b. Is in possession of an amount of marijuana that does not exceed the amount allowed under subsections (a), (b) and (c) [repealed] of this section.

(2) The presumption may be rebutted by evidence that conduct related to marijuana was not for the purpose of treating or alleviating the qualifying patient’s medical condition or symptoms associated with the medical condition in compliance with this chapter.

(g) A health-care practitioner may not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including a civil penalty or disciplinary action by the Delaware Medical Board or by any other occupational or professional licensing board or bureau, solely for providing written certifications or for otherwise stating that, in the health-care practitioner’s professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient’s medical condition or symptoms associated with the medical condition or for refusing to provide such written certifications or statements, provided that nothing in this chapter is deemed to release a health-care practitioner from the duty to exercise a professional standard of care for evaluating or treating a patient’s medical condition.

(h) No person may be subject to arrest, prosecution, or denial of any right or privilege, including but not limited to civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for:

(1) Selling marijuana paraphernalia to a cardholder upon presentation of an unexpired registry identification card in the recipient’s name or to a compassion center agent or safety compliance facility agent upon presentation of an unexpired copy of the entity’s registration certificate;

(2) Being in the presence or vicinity of the medical use of marijuana as allowed under this chapter; or

(3) Assisting a registered qualifying patient with using or administering marijuana.

(i) A registered compassion center shall not be subject to prosecution; search or inspection, except by the Commissioner pursuant to § 4919A(u) of this title; seizure; or penalty in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a court or business licensing board or entity, for:

(1) Acting pursuant to this chapter and Commissioner regulations to acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, sell, or dispense marijuana or related supplies and educational materials to registered qualifying patients who have designated the compassion center to provide for them, to registered designated caregivers on behalf of the registered qualifying patients who have designated the registered compassion center, or to other registered compassion centers;

(2) Selling or transferring marijuana seeds to entities that are licensed or registered in another jurisdiction to dispense marijuana for medical purposes; or

(3) Transferring marijuana to and from a registered safety compliance facility for the purposes of analytical testing.

(j) A compassion center agent shall not be subject to prosecution, search, or penalty in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a court or business licensing board or entity, for working or volunteering for a registered compassion center pursuant to this chapter and Commissioner regulations to perform the actions on behalf of a registered compassion center that are authorized by this chapter.

(k) A Delaware facility which meets FDA-accepted security and operational standards shall not be subject to prosecution; search, except by the Commissioner under § 4919A(u) of this title; seizure; or penalty in any manner, or be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, solely for acting in accordance with this chapter, Commissioner regulations, or federal law for the purposes of conducting research on marijuana under § 4928A of this title and pursuant to all applicable federal law on medical marijuana.

(l) A registered safety compliance facility and safety compliance facility agents acting on behalf of a registered safety compliance facility shall not be subject to prosecution; search, except by the Commissioner pursuant to § 4919A(u) of this title; seizure; or penalty in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a court or business licensing board or entity, solely for acting in accordance with this chapter and Commissioner regulations to provide the following services:

(1) Acquiring or possessing marijuana obtained from registered compassion centers;

(2) Returning the marijuana to the same registered compassion centers;

(3) Transporting marijuana that was produced by registered compassion centers to or from those registered compassion centers;

(4) Cultivating, manufacturing, and possessing marijuana for training and analytical testing;

(5) The production or sale of educational materials related to medical marijuana;

(6) The production, sale, or transportation of equipment or materials other than marijuana to registered compassion centers, including lab equipment and packaging materials, that are used by registered compassion centers;

(7) Testing of medical marijuana samples, including for potency and contamination;

(8) Providing training to prospective compassion center agents and compassion center agents, provided that only compassion center agents and safety compliance facility agents may be allowed to possess or cultivate marijuana and any possession or cultivation of marijuana must occur on the location registered with the Commissioner; and

(9) Receiving compensation for actions allowed under this section.

(m) An entity that is registered to dispense marijuana for medical use in other jurisdictions shall not be subject to prosecution; search or inspection, except by the Commissioner pursuant to § 4919A(u) of this title; seizure; or penalty in any manner or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a court or business licensing board or entity, for providing marijuana seeds to registered compassion centers.

(n) Any marijuana, marijuana paraphernalia, licit property, or interest in licit property that is possessed, owned, or used in connection with the medical use of marijuana as allowed under this chapter, or acts incidental to such use, shall not be seized or forfeited. This chapter shall not prevent the seizure or forfeiture of marijuana exceeding the amounts allowed under this chapter nor shall it prevent seizure or forfeiture if the basis for the action is unrelated to the marijuana that is possessed, manufactured, transferred, or used pursuant to this chapter.

(o) Mere possession of, or application for, a registry identification card or registration certificate shall not constitute probable cause or reasonable suspicion, nor shall it be used to support the search of the person, property, or home of the person possessing or applying for the registry identification card. The possession of, or application for, a registry identification card shall not preclude the existence of probable cause if probable cause exists on other grounds.

(p) For the purposes of Delaware state law, the medical use of marijuana by a cardholder or registered compassion center shall be considered lawful as long as it is in accordance with this chapter.

(q) Where a state-funded or locally funded law-enforcement agency encounters an individual who, during the course of the investigation, credibly asserts that the individual is a registered cardholder, or encounters an entity whose personnel credibly assert that it is a registered compassion center, the law-enforcement agency shall not provide any information from any marijuana-related investigation of the person to any law-enforcement authority that does not recognize the protection of this chapter and any prosecution of the individual, individuals, or entity for a violation of this chapter shall be conducted pursuant to the laws of this State.
16 Del. C. § 1156 — Delaware Code / Title 16 / Chapter 11 / Subchapter VI / Section 1156
§ Â
        1156. Jurisdiction.
Status: in_force

(a) Justices of the Peace shall have jurisdiction over violations of this subchapter.

(b) The Superior Court shall have jurisdiction over appeals of the decisions entered pursuant to subsection (a) of this section. Such appeals shall be on the record.
16 Del. C. § 508 — Delaware Code / Title 16 / Chapter 5 / Subchapter I / Section 508
§ Â
        508. Tracking of potential or existing public health emergencies.
Status: in_force

The Division of Public Health shall ascertain the existence of cases of an illness or health condition which may be potential causes of a public health emergency; shall investigate all such cases for sources of infection and shall ensure that they are subject to proper control measures; and shall define the distribution of the illness or health condition. To fulfill these duties, the Division of Public Health shall perform the following:

(1) Acting on information developed in accordance with § 130 of this title or other reliable information, the Division shall identify all individuals thought to have been exposed to an illness or health condition which may be a potential cause of a public health emergency.

(2) The Division shall counsel and interview such individuals as appropriate to assist in the positive identification of exposed individuals and develop information relating to the source and spread of the illness or health condition. Such information includes the name and address (including city and county) of any person from whom the illness or health condition may have been contracted and to whom the illness or health condition may have spread.

(3) The Division may close, evacuate or decontaminate any facility or decontaminate or destroy any material when the Division reasonably believes that it is more likely than not that such facility or material may seriously endanger the public health. However, to the extent practicable and consistent with the protection of public health, prior to the destruction of any material pursuant to this paragraph, the Division shall institute appropriate civil proceedings against the material to be destroyed in accordance with the existing laws and rules of the Superior Court or any rules that may be developed by the Superior Court. Additionally, a person whose property is destroyed pursuant to this paragraph is entitled to seek compensation pursuant to the procedures and restrictions of § 3145 of Title 20.

(4) An order of the Division given to effectuate the purposes of this section shall be enforceable immediately.

(5) Whenever any agency of the State learns of a case of a reportable illness or health condition, an unusual cluster, or a suspicious event, it shall immediately notify the Division.

(6) Whenever the Division learns of a case of a reportable illness or health condition, an unusual cluster, or a suspicious event that it reasonably believes has the potential to be caused by bioterrorism, it must immediately notify the public safety authority and federal health and public safety authorities.

(7) Definitions from § 3132 of Title 20 shall apply to this section.
16 Del. C. § 801 — Delaware Code / Title 16 / Chapter 8 / Section 801
§ Â
        801. Definition of inflammation of eyes of newborn.
Status: in_force

Any inflammation, swelling, or redness in either 1 or both eyes of any infant, either apart from or together with any unnatural discharge from the eye or eyes of such infant, independent of the nature of the infection, if any, occurring any time within 2 weeks after the birth of such infant, shall be known as inflammation of the eyes of the newborn.
16 Del. C. § 1004 — Delaware Code / Title 16 / Chapter 10 / Subchapter I / Section 1004
§ Â
        1004. Application for license.
Status: in_force

An application for license shall be made to the Department upon forms provided by it and shall contain such information as the Department may reasonably require including affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed under this chapter.
16 Del. C. § 225 — Delaware Code / Title 16 / Chapter 2 / Subchapter III / Section 225
§ Â
        225. Compulsion prohibited.
Status: in_force

Nothing in this subchapter shall be construed to compel any person to submit to any medical or public health examination, treatment or supervision.
16 Del. C. § 9902 — Delaware Code / Title 16 / Chapter 99 / Subchapter I / Section 9902
§ Â
        9902. Delaware Health Care Commission.
Status: in_force

(a) (1) There is hereby established the Delaware Health Care Commission, hereinafter in this chapter referred to as the Commission. Said Commission shall consist of 11 members, 5 of whom shall be appointed by the Governor, 1 of whom shall be appointed by the President Pro Tempore of the State Senate and 1 of whom shall be appointed by the Speaker of the House of Representatives. Of the 5 members appointed by the Governor, at least 1 member shall be a resident of each county. The Insurance Commissioner, the Secretary of Finance, the Secretary of Health and Social Services, and the Secretary of Services for Children, Youth and Their Families or their designees shall serve as ex officio members of the Commission.

(2) The Governor shall designate 1 member of the Commission to be Chairperson who shall serve at the pleasure of the Governor. The terms of the remaining 6 appointed members shall be for 4 years except that the initial term of each may be for a lesser period. Any vacancy shall be filled by the Governor for the balance of the unexpired term. A member of the Commission shall be eligible for reappointment. No more than 3 of the Commission members appointed by the Governor shall be of the same political party.

(b) The Commission is constituted an independent public instrumentality and may call upon the Delaware Health Information Network and/or any state agency for any assistance, information or data that may be necessary to carry out the purposes for which it had been established. For administrative and budgetary purposes only, the Commission shall be placed within the Department of Health and Social Services, Office of the Secretary.

(c) The Commission is authorized to reimburse Commission members for mileage associated with Commission responsibilities.
16 Del. C. § 3208 — Delaware Code / Title 16 / Chapter 32 / Section 3208
§ Â
        3208. Audit and Abstraction of records by department.
Status: in_force

(a) Upon request of a person or organization required to report by § 3204 of this title, the Department may audit records and abstract information that is required to be reported.

(b) Any person or organization failing to report as required by this chapter shall permit the Department to audit records and abstract information that is required to be reported.

(c) The Department may charge a fee to be established by regulation to persons and organizations subjected to an audit pursuant to subsection (a) or (b) of this section. Said person or organization shall reimburse the Department.
16 Del. C. § 9207 — Delaware Code / Title 16 / Chapter 92 / Section 9207
§ Â
        9207. Acquisition of property.
Status: in_force

The Authority is authorized and empowered, directly or by and through a participating facility, as its agent, to acquire by purchase solely from funds provided under the authority of this chapter, or by gift or devise, such lands, structures, property, real or personal, rights, rights-of-way, air rights, franchises, easements and other interests in lands, including lands lying under water and riparian rights, which are located within the State as it may deem necessary or convenient for the acquisition, construction or operation of a project, upon such terms and at such prices as may be considered by it to be reasonable and can be agreed upon between it and the owner thereof, and to take title thereto in the name of the Authority, or in the name of 1 or more participating facilities as its agent.
16 Del. C. § 2001 — Delaware Code / Title 16 / Chapter 20 / Section 2001
§ Â
        2001. Purpose.
Status: in_force

It is the purpose of this chapter to establish a health information data base that will assist the health care system to advance the general well-being of the population by better directing and improving the availability of health-care services.

It is the policy of this State to foster appropriate and efficient use of health-care resources by requiring information necessary for evaluating utilization patterns and costs to the community and the State for health-care services. This information shall be available to health-care purchasers, health-care insurers, health-care providers, health-care planners and the general public without compromise of patient confidentiality. Such information will improve decision making with regard to access, identified needs, patterns of health-care delivery, charges and use of health-care services.
16 Del. C. § 3074F — Delaware Code / Title 16 / Chapter 30F / Subchapter V / Section 3074F
§ Â
        3074F. Exceptions.
Status: in_force

(a) Notwithstanding any provision of this chapter, no dog may be considered dangerous or potentially dangerous if a physical injury or serious physical injury was sustained by any of the following:

(1) A human being who, at the time the injury was sustained, was committing criminal trespass or other tort upon premises occupied by the owner of the dog, or was teasing, tormenting, abusing, or assaulting the dog, its offspring, or its owner, or was committing or attempting to commit a crime.

(2) A domestic animal which, at the time the injury was sustained, was teasing, tormenting, abusing, or assaulting the dog, its offspring, or its owner.

(3) A domestic animal while the dog was working as a hunting dog, herding dog, or predator control dog on the property of or under the control of its owner, and the injury was to a species or type of domestic animal appropriate to the work of the dog.

(b) Notwithstanding any provision of this chapter, no dog may be considered dangerous or potentially dangerous if the dog was protecting or defending its offspring or a human being within the immediate vicinity of the dog from an attack or assault.

(c) Notwithstanding any provision of this chapter, no military, correctional, or police-owned dogs may be considered dangerous or potentially dangerous if the attack or injury to a human being or domestic animal occurs while the dog is performing duties as expected.
16 Del. C. § 7309 — Delaware Code / Title 16 / Chapter 73 / Section 7309
§ Â
        7309. Storage of kerosene.
Status: in_force

Any portable containers in which kerosene is stored must not be red in color, nor may they be made of glass. They must be clearly marked “kerosene.”
16 Del. C. § 5022 — Delaware Code / Title 16 / Chapter 50 / Section 5022
§ Â
        5022. Return of patients; order; notice; custody.
Status: in_force

(a) If an inpatient of a state-operated hospital escapes or is on unauthorized leave, its director may issue an order for the patient’s immediate rehospitalization. The director or the director’s designee may notify such patient of the existence of a rehospitalization order by any reasonable means of communication open to the director. Such an order, irrespective of the patient’s actual receipt, shall authorize any peace officer to take the patient into custody for rehospitalization.

(b) If an involuntarily committed inpatient or a person detained involuntarily under this chapter from a nonstate-operated hospital certified under § 5026 of this title escapes or is on unauthorized leave, that hospital’s director shall immediately notify the Director of the Division of Substance Abuse and Mental Health or the Director’s designee if the patient is 18 years of age or older or the Division of Prevention and Behavioral Health Services if the patient is under 18 years of age. Upon receipt of such notification, the Division Director or the Director’s designee may issue notice and a rehospitalization order in conformity with subsection (a) of this section. Such an order, irrespective of the patient’s actual receipt, shall authorize any peace officer to take the patient into custody for rehospitalization.
16 Del. C. § 1010 — Delaware Code / Title 16 / Chapter 10 / Subchapter I / Section 1010
§ Â
        1010. Inspections and investigations.
Status: in_force

(a) The Department shall make or cause to be made such inspections and investigations of a hospital as it may deem necessary.

(b) The Department shall accept the survey report of an approved accrediting organization, as defined by regulations, in lieu of an annual licensure inspection.
16 Del. C. § 7114 — Delaware Code / Title 16 / Chapter 71 / Section 7114
§ Â
        7114. Limitation on legislation.
Status: in_force

This chapter is intended to and shall preempt and supersede all existing and future county, town, city or municipal ordinances or regulations respecting the subjects covered by this chapter.
16 Del. C. § 162 — Delaware Code / Title 16 / Chapter 1 / Subchapter V / Section 162
§ Â
        162. Cooperation of departments and officers.
Status: in_force

Every official department and public officer in the State, excepting the members of the General Assembly and the judiciary, in possession of information relating to the purposes of this subchapter shall, upon request of the Department of Health and Social Services, cooperate with it in carrying out the purposes of this subchapter.
16 Del. C. § 4103 — Delaware Code / Title 16 / Chapter 41 / Section 4103
§ Â
        4103. Sale or possession of adulterated or misbranded products.
Status: in_force

No person shall sell, distribute, offer for sale or have in possession for selling or distribution any frozen dessert which is adulterated or misbranded.
16 Del. C. § 1601 — Delaware Code / Title 16 / Chapter 16 / Section 1601
§ Â
        1601. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Delaware Litter Control Law.”
16 Del. C. § 3205 — Delaware Code / Title 16 / Chapter 32 / Section 3205
§ Â
        3205. Confidentiality of reports.
Status: in_force

(a) Any report of an occurrence of cancer or benign tumor made pursuant to this chapter shall not be divulged nor made public in any way that might tend to disclose the identity of the person to whom it relates. However, patient-identifying information may be exchanged among cancer control agencies as authorized by the Department and upon receipt by the Department of satisfactory assurances by those agencies of the preservation of the confidentiality of such information.

(b) No individual or organization providing information to the Department in accordance with this chapter shall be deemed to be, or held liable for, divulging confidential information.
16 Del. C. § 3126 — Delaware Code / Title 16 / Chapter 31 / Subchapter II / Section 3126
§ Â
        3126. Registration of adoptions; duty of clerk of court; old and new birth certificates.
Status: in_force

(a) Upon the issuance of a final decree of adoption or of an order certifying the validity of a foreign adoption, the clerk of the court in which the decree of adoption was made, or filed in the case of a foreign adoption under § 927 of Title 13, shall immediately file in the office of the State Registrar, on forms provided by the State Registrar for this purpose, a report setting forth the information required by § 921 of Title 13, together with a certified copy of the final decree of adoption.

(b) Upon receipt of the information, the State Registrar shall remove from the files the original certificate of birth and, after proper identification, shall place it in a confidential file. The State Registrar shall file a new certificate setting forth the adopted name and sex of the child, together with the names of the adopting parents and the actual birth date and birthplace of the child. Certificates may be issued in accordance with § 3110 of this title.

(c) The State Registrar shall file a new certificate of birth for any child born in Delaware who is legally adopted in another state upon receipt of a certified or exemplified copy of the court order of adoption from the clerk of the court of such other state, and shall issue a certificate as provided under § 3110 of this title.

(d) In the event of a child born outside of the United States and who is adopted in Delaware and for whom no certificate of birth can be secured from the nation of birth, the State Registrar may file and issue a special certificate of birth in accordance with this chapter, provided the adopting parents can furnish evidence considered satisfactory by the State Registrar of the facts and circumstances surrounding the birth of the child.
16 Del. C. § 2601 — Delaware Code / Title 16 / Chapter 26 / Section 2601
§ Â
        2601. Short title; definitions.
Status: in_force

(a) This chapter shall be known and may be cited as the “Childhood Lead Poisoning Prevention Act.”

(b) For purposes of this chapter:

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

(2) “Elevated blood lead level” means a blood lead level that meets or exceeds 3.5 micrograms per deciliter or a blood lead level established by the federal Centers for Disease Control and Prevention as the federal Centers for Disease Control and Prevention’s blood lead reference value, whichever is lower.

(3) “Lead-exposure site” means the location where a child was most likely exposed to lead.

(4) “Program,” used as a proper noun, means the Delaware State Lead-Based Paint Program created under § 2607 of this title.

(5) “Screening” means a capillary blood lead test, including where a drop of blood is taken from a finger or heel of the foot.

(6) “Testing” means a venous blood lead test where blood is drawn from a vein.
16 Del. C. § 7806 — Delaware Code / Title 16 / Chapter 78 / Section 7806
§ Â
        7806. Powers and duties of the Department of Natural Resources and Environmental Control.
Status: in_force

The Department of Natural Resources and Environmental Control shall have the following powers and duties and shall:

(1) Act as the enforcement arm of the Office of Management and Budget with respect to any violations of this chapter and be responsible for oversight and enforcement of this chapter for all asbestos abatement within the State;

(2) Maintain records and reports as required by the rules and regulations of the Department of Natural Resources and Environmental Control and any appropriate federal rules and regulations as they may relate to asbestos abatement;

(3) Have the authority to conduct on-site inspections of asbestos abatement in both the private and public sectors;

(4) Promulgate rules and regulations as are necessary to implement the enforcement aspects of this chapter;

(5) Provide the Office of Management and Budget with the appropriate evidence and documentation of violations of this chapter, or any rules, regulations or orders promulgated or entered pursuant to this chapter which would initiate the Office of Management and Budget decertification process.
16 Del. C. § 155 — Delaware Code / Title 16 / Chapter 1 / Subchapter IV / Section 155
§ Â
        155. Accounting of all funds received by the hospital.
Status: in_force

The Secretary of the Department of Health and Social Services, administrator of the Emily P. Bissell Hospital, shall keep or have kept true and accurate account of all moneys received for board, care and attention of patients by the hospital and all moneys arising from any source other than the annual appropriation made to the hospital by the State. All such funds shall be considered as revenue to the State and shall be paid to the State Treasurer for deposit into the General Fund, except as provided in § 6102(a) of Title 29.
16 Del. C. § 904B — Delaware Code / Title 16 / Chapter 9B / Section 904B
§ Â
        904B. Notification information.
Status: in_force

(a) Upon receipt of a notification of an infant with prenatal substance exposure, the Division shall enter it into the Division’s internal information system.

(b) Upon receipt of a notification of an infant with prenatal substance exposure, the Division shall notify the office of the Investigation Coordinator of the notification in sufficient detail to permit the Investigation Coordinator to undertake its duties as specified in § 906 of this title.
16 Del. C. § 4905 — Delaware Code / Title 16 / Chapter 49 / Section 4905
§ Â
        4905. Distribution by pharmacists.
Status: in_force

A pharmacist shall not be subject to any penalty for filling a prescription for laetrile (amygdalin, Vitamin B-17) if the prescription is issued to a patient by a physician, surgeon, osteopath or other person engaged in the “practice of medicine,” as that term is defined in § 1702 of Title 24.
16 Del. C. § 1709 — Delaware Code / Title 16 / Chapter 17 / Section 1709
§ Â
        1709. Trash containers on highways; penalty.
Status: in_force

(a) (1) A person, by agent or otherwise, may not cause a trash container having a capacity of 2 cubic yards or greater to be placed on a highway, unless the container has all of the following:

a. A strip of red and white, high-intensity, reflective conspicuity adhesive tape that is no less than 4 inches wide and wrapped fully around the midpoint of the container. The midpoint of the container is between the bottom of the container and the opening at the top.

b. The name and phone number of the owner of the container, or the owner’s agent, in font that is no less than 3 inches high.

(2) For purposes of this section, “highway” means a way or place open to the use of the public as a matter of right for purposes of vehicular travel and includes the entire width between the boundary lines of the way or place, including parking spaces, berms, and shoulders. “Highway” does not mean a road or driveway on grounds owned by private persons, colleges, universities, or other private institutions.

(b) (1) An owner of a container that refuses, fails, or neglects to comply with this section is subject to a civil penalty in an amount that is not less than $50 or more than $500.

(2) Any law-enforcement officer, as defined under § 9702 of this title, may enforce this section.

(3) Justice of the Peace Court has jurisdiction over violations of this section.
16 Del. C. § 2527 — Delaware Code / Title 16 / Chapter 25 / Section 2527
§ Â
        2527. Construction.
Status: in_force

(a) This chapter does not authorize mercy killing, assisted suicide, or euthanasia.

(b) This chapter does not affect other law of this State governing treatment for mental illness of an individual involuntarily committed to a designated psychiatric treatment facility or hospital under Chapter 50 of this title.

(c) Death of an individual caused by withholding or withdrawing health care in accordance with this chapter does not constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit, notwithstanding any term of the policy or annuity.

(d) This chapter does not create a presumption concerning the intention of an individual who has not created an advance health-care directive.

(e) An advance health-care directive created before, on, or after September 30, 2025, must be interpreted in accordance with law of this State, excluding the State’s choice-of-law rules, at the time the directive is implemented.
16 Del. C. § 1183 — Delaware Code / Title 16 / Chapter 11 / Subchapter VIII / Section 1183
§ Â
        1183. Nursing facility rate adjustments.
Status: in_force

(a) Medicaid enrolled nursing facilities that are not subject to penalties under § 6503 of Title 30 shall be eligible for per diem rate adjustments referred to by § 1182(a)(1) and (2) of this title. Nursing facilities subject to penalties under § 6503 of Title 30 shall be eligible for per diem rate adjustments only after all penalties and past due quality assessments are paid in full.

(b) Effective April 1, 2012, nursing facilities are paid for services rendered to Medicaid patients directly by DHSS as well as by managed care companies under contract to the Medicaid agency. The per diem rate adjustments referred to by § 1182(a)(1) and (2) of this title will be incorporated into the DHSS nursing facility level of reimbursement rate schedules. Unless a facility is subject to penalties as described in subsection (a) of this section, DHSS and the managed care companies will pay no lower than the adjusted per diem rates in these schedules.

(c) The rate adjustments referred to by § 1182(a)(1) and (2) of this title shall be a rate paid on a per Medicaid resident day basis. The rate paid will be the same per diem amount for each facility other than the per diem to reimburse the Medicaid share of the assessment.

(d) The rate adjustments referred to by § 1182(a)(1) and (2) of this title will be retroactive for dates of service on or after June 1, 2012. Upon CMS notification to DHSS of waiver approval and, if required, state plan amendment approval, the per diem rates in effect as of June 1, 2012, will be increased by the rate adjustments referred to by § 1182(a)(1) and (2) of this title. The retroactive rate adjustments for Medicaid paid claims for service dates between June 1, 2012, and the date of CMS notification of waiver and, if required, plan amendment approval, must be paid within 30 days of CMS approval.
16 Del. C. § 802A — Delaware Code / Title 16 / Chapter 8A / Section 802A
§ Â
        802A. Legislative findings and purpose.
Status: in_force

The General Assembly hereby finds and declares that:

(1) Significant hearing loss is 1 of the most common major abnormalities present at birth and, if undetected, will impede the child’s speech, language, and cognitive development.

(2) Screening by high-risk characteristics alone (e.g., family history of deafness) only identifies approximately 50% of newborns with significant hearing loss.

(3) Reliance solely on physician and/or parental observation fails to identify many cases of significant hearing loss in newborns and infants.

(4) There is evidence that children with hearing loss, who are identified at birth and receive intervention services shortly thereafter, have significantly better learning capacity than children who are identified with hearing loss later than 6 months after birth.

(5) Legislation is needed to provide for the early detection of hearing loss in newborns and infants and to prevent or mitigate the developmental delays associated with late identification of hearing loss.
16 Del. C. § 6621 — Delaware Code / Title 16 / Chapter 66 / Subchapter III / Section 6621
§ Â
        6621. Liability in the performance of instructional service.
Status: in_force

(a) No full-time or part-time instructor certified, assigned, approved or contracted by the Delaware State Fire School who in good faith provides instructional services shall be liable for any civil damages as a result of issuing such instructions, unless guilty of gross or wilful negligence.

(b) No university, college or medical facility, nor any other entity nor any of its faculty members, participating in good faith as part of an approved Delaware State Fire School training or educational program, shall be liable for any civil damages as a result of any primary or continuing training or educational practice by any enrolled students unless guilty of gross or wilful negligence.
16 Del. C. § 316 — Delaware Code / Title 16 / Chapter 3 / Section 316
§ Â
        316. Venue; continuance of nuisance as offense.
Status: in_force

An offense charged under this chapter shall be construed and held to have been committed in any county whose inhabitants are or have been injured or aggrieved thereby. The continuance of any offense for 5 days after prosecution commenced therefor shall be deemed an additional offense.
16 Del. C. § 4791 — Delaware Code / Title 16 / Chapter 47 / Subchapter VII / Section 4791
§ Â
        4791. Pending proceedings.
Status: in_force

(a) Prosecution for any violation of law occurring prior to the effective date of any amendment to this chapter is not affected or abated by any amendment to this chapter.

(b) Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of any amendment to this chapter are not affected by any amendment to this chapter.

(c) All administrative proceedings pending under prior laws which are superseded by any amendment to this chapter shall be continued and brought to a final determination in accord with the laws or rules in effect prior to the effective date of any amendment to this chapter.

(d) This chapter and any amendments thereto apply to any violation of law, seizure and forfeiture, injunctive proceeding, administrative proceeding or investigation which occurs or is commenced following the effective date of this chapter and any amendments thereto.
16 Del. C. § 5532 — Delaware Code / Title 16 / Chapter 55 / Subchapter III / Section 5532
§ Â
        5532. Immunity from liability.
Status: in_force

(a) No physician, dentist or other health care personnel or health-care facility which acts pursuant to and in compliance with this subchapter shall be subject to civil liability for failure to obtain sufficient consent for the medical procedure performed.

(b) This section shall not insulate from civil liability a physician, dentist or other health-care personnel or health-care facility for negligence in the performance of medical procedures.
16 Del. C. § 9709 — Delaware Code / Title 16 / Chapter 97 / Section 9709
§ Â
        9709. Advanced Life Support Standards Committee.
Status: in_force

(a) The Advanced Life Support Standards Committee is created for the purpose of assisting the Board of Medical Licensure and Discipline in developing standards for advanced life support services. The Standards Committee is composed of the Chairperson and 20 members. The Board of Medical Licensure and Discipline shall appoint the Chairperson. The Board of Medical Licensure and Discipline shall select the other members of the Standards Committee from the names submitted to the Board by resolution of the following organizations:

(1) The American College of Emergency Physicians, 3 members with 1 member representing each county.

(2) The American College of Surgeon’s Committee on Trauma, 1 member.

(3) The Medical Society of Delaware, 1 member.

(4) The Delaware Chapter of the Emergency Department Nurses Association, 1 member.

(5) Sussex County Firefighter’s Association, 1 member who is an active practicing ambulance attendant.

(6) Kent County Firefighter’s Association, 1 member who is an active practicing ambulance attendant.

(7) New Castle County Firefighter’s Association, 1 member who is an active practicing ambulance attendant.

(8) The State of Emergency Medical Services Office, 1 member.

(9) The State Fire Prevention Commission, 1 member.

(10) New Castle County government, 1 member.

(11) Kent County government, 1 member.

(12) Sussex County government, 1 member.

(13) The City of Wilmington, 1 member.

(14) The City of Dover, 1 member.

(15) The Delaware Chapter of the American Heart Association, 1 member.

(16) The Division of Public Health, 1 member.

(17) Delaware State Fire School, 1 member.

(18) The chief or director of each county paramedic service shall submit 1 name of a practicing paramedic, certified and employed in the State for selection to the Board of Medical Licensure and Discipline — from these 3 names, 1 member.

(b) Each member serves at the pleasure of the organization that member represents and each member’s successor shall be chosen in a like manner. The Standards Committee shall meet at the call of the Chairperson of the Standards Committee or the Chairperson of the Board of Medical Licensure and Discipline.

(c) The Standards Committee shall provide technical assistance to the Board of Medical Licensure and Discipline regarding all of the following:

(1) Establishing of minimum standards for advanced life support services.

(2) Reviewing curricula for training programs submitted to the Board of Medical Licensure and Discipline.

(3) Providing recommendations on proposed curricula for training programs.
16 Del. C. § 4719 — Delaware Code / Title 16 / Chapter 47 / Subchapter II / Section 4719
§ Â
        4719. Schedule IV tests.
Status: in_force

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

(1) The substance has a low potential for abuse relative to substances in Schedule III;

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

(3) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.
16 Del. C. § 6104 — Delaware Code / Title 16 / Chapter 61 / Subchapter II / Section 6104
§ Â
        6104. Financial arrangements.
Status: in_force

The compact administrator, subject to the approval of the Budget Commission, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the compact or by any supplementary agreement entered into thereunder.
16 Del. C. § 3508 — Delaware Code / Title 16 / Chapter 35 / Section 3508
§ Â
        3508. Penalties.
Status: in_force

(a) Whoever violates this chapter or refuses, neglects or fails to comply with this chapter shall, for the first offense, be fined not less than $25 nor more than $100, for the second offense not less than $100 nor more than $150.

(b) If any person engaged in the canning business within the provisions of this chapter is convicted a third time for any violation of this chapter, the Superior Court may close the factory in which such third offense is committed, and the person convicted may be prohibited from engaging in the canning business until further order of the Court.
16 Del. C. § 5197 — Delaware Code / Title 16 / Chapter 51 / Subchapter VIII-A / Section 5197
§ Â
        5197. Freedom of Information Act applicability to the Consortium; intent.
Status: in_force

The Consortium is a “public body,” as defined in and for the purposes of the Freedom of Information Act, Chapter 100 of Title 29.
16 Del. C. § 130 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 130
§ Â
        130. Reporting of potential or existing public health emergencies.
Status: in_force

(a) Except as otherwise indicated in this chapter or Title 20, the Secretary of Health and Social Services or the Secretary’s designee shall be responsible for implementing all measures designed to address potential contagious diseases or infectious diseases in this State.

(b) A health-care provider shall report all cases of persons who harbor any illness or health condition that may be potential causes of a public health emergency. Reportable illnesses and health conditions include, but are not limited to, the diseases caused by the biological agents listed in 42 C.F.R. § 72.3 and symptoms of those diseases, and any illnesses or health conditions identified by the Division of Public Health as notifiable diseases.

(c) In addition to the foregoing requirements, a pharmacist shall report any unusual or increased prescription rates, unusual types of prescriptions, or unusual trends in pharmacy visits that may be potential causes of a public health emergency. Prescription-related events that require a report include, but are not limited to:

(1) An unusual increase in the number of prescriptions to treat fever, respiratory or gastrointestinal complaints;

(2) An unusual increase in the number of prescriptions for antibiotics; and

(3) Any prescription that treats a disease that is relatively uncommon or may be associated with bioterrorism.

(d) Reports pursuant to subsections (b) and (c) of this section shall be made electronically or in writing within 24 hours to the Division of Public Health, or within such time less than 24 hours as may be established by the Division of Public Health by regulation. The report shall include as much of the following information as is available: the patient’s name, date of birth, sex and current address (including city and county); the name and address of the health-care provider or medical examiner and of the reporting individual, if different; and any other information needed to locate the patient for follow-up. For cases related to animal or insect bites, the suspected locating information of the biting animal or insect and the name and address of any known owner shall be reported

(e) Every veterinarian, livestock owner, veterinary diagnostic laboratory director or other person having a vocation that primarily involves the care of animals shall report animals having or suspected of having any disease that may be potential causes of a public health emergency. The report shall be made within 24 hours to the Department of Agriculture and shall include as much of the following information as is available: the suspected locating information of the animal, the name and address of any known owner, and the name and address of the reporting individual. The Department of Agriculture shall promulgate regulations implementing this subsection. The Department of Agriculture shall provide written or electronic notice to the Division of Public Health of any reports received pursuant to this subsection within 24 hours of receipt of said report, and such notice shall contain all information provided in the report.

(f) For the purposes of this section, the definition of “health care provider” shall include out-of-state medical laboratories, provided that such laboratories have agreed to the reporting requirements of this State. Results must be reported by the laboratory that performs the test, but an in-state laboratory that sends specimens to an out-of-state laboratory is also responsible for reporting results.

(g) Definitions from § 3132 of Title 20 shall apply to this section.
16 Del. C. § 4750 — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4750
§ Â
        4750. State-legal marijuana activities.
Status: in_force

The offenses and penalties provided for in this chapter do not apply to marijuana-related conduct allowed under the Delaware Medical Marijuana Act, Chapter 49A of this title or the Delaware Marijuana Control Act, Chapter 13 of Title 4.
16 Del. C. § 2401 — Delaware Code / Title 16 / Chapter 24 / Section 2401
§ Â
        2401. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Hazardous Chemical Information Act.”
16 Del. C. § 2213 — Delaware Code / Title 16 / Chapter 22 / Section 2213
§ Â
        2213. Limitation on involuntary treatment.
Status: in_force

Subject to Chapters 50 and 51 of this title, no person shall be involuntarily admitted or committed to or confined as a patient at a residential treatment facility, and such facilities, other than general hospitals, shall not admit or confine as an involuntary patient any person, unless:

(1) Such person is determined to be a person in need of treatment in accordance with the procedures of this chapter; and

(2) Said treatment facility has been specifically designated as an appropriate facility for the treatment of involuntary adult patients by the Secretary of Health and Social Services and by the Department of Services for Children, Youth and Their Families for the treatment of involuntary minor patients.
16 Del. C. § 3401 — Delaware Code / Title 16 / Chapter 34 / Section 3401
§ Â
        3401. Certified food protection manager program exemption.
Status: in_force

(a) Any certified food protection manager program adopted by the Department under the Department’s regulatory authority, as provided in § 122(3)u.1. of this title, must include an exemption for charitable and fraternal organizations that are very low risk. Charitable and fraternal organizations that are ineligible for an exemption under this chapter may request an individual variance in accordance with regulations adopted by the Department. Charitable and fraternal organizations that are high risk are ineligible for an exemption or variance under this chapter.

(b) For purposes of this chapter:

(1) “Certified food protection manager program” includes a program under § 2-102.12 of the Delaware Food Code, 16 DE Admin. Code 4458, or any similar program.

(2) “Charitable and fraternal organization” means a person established for 1 or more of the following purposes:

a. For any benevolent, educational, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic, philanthropic, or religious purpose.

b. For the benefit of law-enforcement officers, firefighters, basic or advanced life support service providers, or other persons who protect public safety.

c. For the benefit of a ladies auxiliary organization that supports any purpose under paragraph (b)(2)b. of this section.

d. For any other purpose which enables the organization to qualify for tax-exempt status under § 501(c) of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)), as amended.

(3) “Very low risk” means serving food to the public on 52 occasions or fewer per year or serving no food to the public that is time or temperature controlled for safety.
16 Del. C. § 3002D — Delaware Code / Title 16 / Chapter 30D / Section 3002D
§ Â
        3002D. Definitions.
Status: repealed

As used in this chapter:

(1) “Customer” means any member of the public who is provided access to a tanning facility in exchange for a fee or other compensation or any individual who, in exchange for a fee or other compensation, is afforded use of a tanning facility as a condition or benefit of membership or access.

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

(3) “Minor” means any individual less than 18 years of age.

(4) [Repealed.]

(5) “Person” means an individual, partnership, corporation, or association.

(6) “Phototherapy device” means equipment that emits ultraviolet radiation and is used in the diagnosis or treatment of disease or injury.

(7) “Tanning device” means equipment that emits electromagnetic radiation having wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin and any equipment used with that equipment, including but not limited to protective eyewear, timers and handrails. Such term shall not include a phototherapy device used, or prescribed for use, by a physician.

(8) “Tanning facility” means any location, place, area, structure, or business that provides customers access to any tanning device.
16 Del. C. § 3320 — Delaware Code / Title 16 / Chapter 33 / Section 3320
§ Â
        3320. Oleomargarine; manufacture, sale, marking and advertising.
Status: in_force

(a) Subject to subsection (b) and (c) of this section, no person, by that person’s own self or that person’s agents or servants, shall render or manufacture, sell, offer for sale, expose for sale or have in that person’s possession with intent to sell, any article, product or compound made wholly or partly out of any fat, oil or oleaginous substance, or compound thereof, not produced from unadulterated milk or cream from the same, which shall be in imitation of yellow butter produced from pure unadulterated milk, or cream from the same.

(b) Nothing contained in subsection (a) of this section or in § 3321 or § 3322 of this title shall be construed to prohibit the manufacture or sale of oleomargarine, whether yellow or white, in a separate and distinct form in such manner as will advise the consumer of its real character. No oleomargarine shall be sold in open tubs or containers. Every retail dealer in oleomargarine shall exhibit, in conjunction with any display of packaged oleomargarine being offered for sale, a placard with the word “oleomargarine” in plain uncondensed gothic letters not less than 1 inch high. No package of oleomargarine shall contain the word “butter” or any imitation or simulation thereof or any picture or reproduction of a cow or any name or simulation of the name of any dairy breed of cattle or any name or term normally used in the dairy industry. No owner or proprietor of any public eating place shall serve yellow oleomargarine unless a notice that oleomargarine is served is displayed prominently on the menu or on a placard in clear view of all customers.

(c) As used in this section the term “oleomargarine” shall be deemed applicable to the food product known as “margarine” and any requirement contained in this section for labeling or display of the word “oleomargarine” shall be deemed sufficiently complied with by the use of the word “margarine.”
16 Del. C. § 306 — Delaware Code / Title 16 / Chapter 3 / Section 306
§ Â
        306. Cleansing diseased places; recovery of expenses.
Status: in_force

Each local board of health may in case of the prevalence or of reasonable ground to apprehend the prevalence of malignant disease within its jurisdiction direct especially the cleaning of houses, cellars, yards, docks or other such places as the local board shall consider requisite or prudent for the preservation of the public health or for the mitigation of disease. If such direction shall not be observed and fulfilled within the time prescribed, by the person or persons to whom the directions were given, the local board shall order an officer of the local board, or some other person or persons to carry the same into effect, and the expense thereof shall be paid by the person or persons to whom the direction was given unless the local board shall otherwise order. If payment of the expense shall not be made on demand, the treasurer of the local board, city council or town commissioners shall pay the same and shall recover the same with interest and costs from the person who ought to have paid the same, as debts of like amount are recoverable.
16 Del. C. § 10101 — Delaware Code / Title 16 / Chapter 101 / Subchapter I / Section 10101
§ Â
        10101. Purpose.
Status: in_force

The State shall create a special fund designated as the Enhanced 911 Emergency Reporting System Fund, which shall be used to reimburse the State, counties, local governments and providers of telecommunications services in this State for costs associated with the E-911 Emergency Reporting System.
16 Del. C. § 5003 — Delaware Code / Title 16 / Chapter 50 / Section 5003
§ Â
        5003. Voluntary admission procedure.
Status: in_force

(a) The Department may establish, under the direction and supervision of the Delaware Psychiatric Center, criteria for voluntary admissions to designated psychiatric treatment facilities and hospitals that differ from the criteria for involuntary admissions to designated psychiatric treatment facilities and hospitals.

(b) A psychiatrist or licensed independent practitioner who is credentialed and authorized by the Division of Substance Abuse and Mental Health may admit to a designated psychiatric treatment facility or hospital for observation, diagnosis, care and treatment any individual who is a person with an apparent mental condition or who has symptoms of a mental condition and who requests admission subject to the payment of charges for care, maintenance and support as provided in § 5020 of this title.

(c) Prior to admitting a person on a voluntary basis, the designated psychiatric treatment facility or hospital must notify the person verbally and in writing of the legal consequences of voluntary admission in language that is understandable to the person, and reasonably believe that the person comprehends such consequences, including but not limited to:

(1) The person will not to be allowed to leave the hospital grounds without permission of the treating psychiatrist;

(2) If the person seeks discharge prior to the discharge recommended by the person’s treatment team, the person’s treating psychiatrist may initiate the involuntary inpatient commitment process if the psychiatrist believes the individual presents a danger to self or danger to others; and

(3) Unless the involuntary commitment process is initiated, the person will not have the hospitalization reviewed by the court.

(d) The attending psychiatrist shall discharge a voluntary patient when in-patient treatment is no longer clinically indicated.

(e) A voluntary patient may make a written request to the attending psychiatrist to be discharged at any time. Upon the receipt of such request, the attending psychiatrist shall discharge the person within 72 hours from the receipt of the request, except if a psychiatrist or licensed independent practitioner certifies that the voluntary patient is currently demonstrating behaviors believed to be dangerous to self or dangerous to others and these behaviors are documented in the medical record, an emergency detention may be initiated for the person. No person may be involuntarily hospitalized unless in compliance with the emergency detention procedures set forth in § 5004 of this title.

(f) If any applicant is under the age of 18 years old, the following provisions shall apply:

(1) In the case of voluntary admission to a designated psychiatric treatment facility or hospital, consent to treatment may be given only by a parent, legal guardian, or, when the applicant is in DSCYF custody pursuant to Chapter 25 of Title 13, the Department’s Director or Deputy Director of the Division of Family Services, or the Director’s or Deputy Director’s designee. The request for admission to the designated psychiatric treatment facility or hospital must be signed by either the applicant’s parent, legal guardian, or, when the applicant is in DSCYF custody pursuant to Chapter 25 of Title 13, the Department’s Director or Deputy Director of the Division of Family Services. Services, or the Director’s or Deputy Director’s designee.

(2) A voluntary patient or the voluntary patient’s parent, legal guardian, or, when the applicant is in DSCYF custody pursuant to Chapter 25 of Title 13, the Department’s Director or Deputy Director of the Division of Family Services, or the Director’s or Deputy Director’s Designee, may make a written request to the attending psychiatrist to be discharged at any time.

a. The provisions of subsection (e) of this section shall apply in such instances, except that the voluntary patient’s discharge may be conditioned upon the consent of the voluntary patient’s parent, legal guardian, or, when the applicant is in DSCYF custody pursuant to Chapter 25 of Title 13, the Department’s Director or Deputy Director of the Division of Family Services, or the Director’s or Deputy Director’s designee.

b. If the voluntary patient’s parent, legal guardian, or, when the applicant is in DSCYF custody pursuant to Chapter 25 of Title 13, the Department’s Director or Deputy Director of the Division of Family Services, or the Director’s or Deputy Director’s designee, requests the patient’s discharge from a treatment facility against the advice of the treatment team and administrator of the facility, the facility may initiate involuntary treatment procedures as provided for under this chapter. The provisions of this paragraph shall apply as if the patient had made the request.

(3) Voluntary outpatient treatment. — A person between 14 and 18 years of age, who is in need of mental health treatment, may request voluntary outpatient treatment from a licensed treatment facility or community provider. If the individual in need of treatment is a minor under 14 years of age, a parent, legal custodian, or legal guardian shall make the request for voluntary outpatient mental health treatment and give written consent for treatment.

a. If a minor is 14 years of age or over, then either the minor, or a parent, legal custodian, or legal guardian may give written consent to a licensed treatment facility or community provider for voluntary, outpatient treatment.

b. Consent so given by a minor 14 years of age or over shall, notwithstanding the minor’s minority, be valid and fully effective for all purposes and shall be binding upon such minor, the minor’s parents, custodian, and legal guardian as effectively as if the minor were of full legal age at the time of giving such written consent. The consent of no other person or court shall be necessary for the treatment rendered such minor.

c. A minor’s consent is not necessary when a parent, legal custodian, or legal guardian of an individual less than 18 years of age provides consent to voluntary outpatient mental health treatment on behalf of the minor.

d. A minor, including those age 14 and older, may not abrogate consent provided by a parent, legal custodian, or legal guardian on the minor’s behalf. Nor may a parent, legal custodian, or legal guardian abrogate consent given by a minor age 14 and older on that minor’s own behalf.

e. This section does not authorize a minor to receive psychotropic drugs without the consent of the minor’s parent, legal custodian, or legal guardian. Only a parent, legal guardian, or legal custodian may provide consent for the administration of such medication.

(4) A psychiatrist designated by the Secretary of the Department of Services for Children, Youth and Their Families may conduct an independent review to determine whether an applicant who receives financial assistance from such Department or who is in the custody of such Department is appropriate for voluntary hospitalization.

(g) Notwithstanding any other section of the Delaware Code, the Medical Director of the Department’s Division of Substance Abuse and Mental Health shall have the independent authority to discharge persons at the Delaware Psychiatric Center.

(h) The Department will pay for a voluntary admission of a patient to a designated psychiatric treatment facility or hospital pursuant to the same Departmental criteria as an involuntary admission or community placement.
16 Del. C. § 3007L — Delaware Code / Title 16 / Chapter 30L / Section 3007L
§ Â
        3007L. Regulations.
Status: in_force

The Division, in consultation with the Council and other stakeholders, may promulgate regulations to implement the provisions of this chapter.
16 Del. C. § 1126 — Delaware Code / Title 16 / Chapter 11 / Subchapter II / Section 1126
§ Â
        1126. Recording anatomical gift data.
Status: in_force

(a) All long-term care facilities shall, if possible, ascertain from a resident upon admission whether or not the resident has donated all or part of the resident’s own body as an anatomical gift in a manner permitted by § 2713 of this title and the person, institution, or organization to which such gift has been made.

(b) All long-term care facilities, as required by regulation, shall maintain as part of a resident’s permanent record the information required under this section and such other pertinent information about said anatomical gift which will facilitate the carrying out of the resident’s wishes in the event of the resident’s death.

(c) Upon the death of a resident who has made an anatomical gift, long-term care facilities shall make every reasonable effort to contact without delay the person, institution, or organization to which such gift has been made.
16 Del. C. § 1609 — Delaware Code / Title 16 / Chapter 16 / Section 1609
§ Â
        1609. Notice.
Status: in_force

A retail or wholesale establishment that sells balloons must prominently display the following notice at the location in the establishment where balloons are sold or where payment is made:

“The intentional release of balloons into the air is a violation of Delaware law and is subject to penalties. 16 Del. Code Ch. 16.”
16 Del. C. § 925A — Delaware Code / Title 16 / Chapter 9 / Subchapter II / Section 925A
§ Â
        925A. Grounds for substantiation.
Status: in_force

(a) Unless otherwise provided in this subchapter, no person shall be placed on the registry unless the Court finds by a preponderance of the evidence after a hearing on the merits, or accepts the agreement of the parties, that:

(1) The person committed an act of abuse or neglect; and

(2) The act of abuse or neglect was based on the same incident as alleged in the Notice of Intent to Substantiate.

(b) Should the elements of subsection (a) of this section be met, the Court shall also determine by a preponderance of the evidence after a hearing on the merits or accept the agreement of the parties, the risk of future harm the person poses to children and designate the person to the appropriate Child Protection Level set forth in § 923 of this title. If the person is convicted of an enumerated crime when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate, the person is automatically entered on the Child Protection Registry at the level designated by § 923 of this title.

(c) An order of substantiation may not be stayed pending appeal.

(d) If the Family Court finds that the person has not committed an act of abuse or neglect based on the same incident as alleged in the Notice of Intent to Substantiate, the person may not be entered on the Registry for that incident, and the Department shall indicate in its internal information system that the incident is unsubstantiated.

(e) If a child welfare proceeding is pending in which the Department has requested a finding of abuse or neglect against a party and entry on the Registry for the same incident, the Family Court shall decide the issues of substantiation and entry on the Registry as provided in § 926 of this title without the necessity of a response to the notice of intent to substantiate or a separate Petition for Substantiation.

(f) If the Department fails to file a Petition for Substantiation within 45 days of receipt of a person’s written request for a hearing as provided in § 924 of this title and a child welfare proceeding based on the same incident of abuse or neglect is not pending, the person may not be entered on the Child Protection Registry for the incident of abuse or neglect indicated in the notice of intent to substantiate.
16 Del. C. § 4752B — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4752B
§ Â
        4752B. Drug dealing â Resulting in death; class B felony.
Status: in_force

(a) A person is guilty of drug dealing resulting in death when the person delivers a Schedule I or II controlled substance in Tier 1 or greater quantity to another person in violation of this chapter, and said controlled substance thereafter causes the death of another person who uses or consumes it.

(b) It is not a defense to a prosecution under this section that the defendant did not directly deliver the controlled substance to the decedent.

(c) It is an affirmative defense to a prosecution under this section that the defendant made a good faith effort to promptly seek, provide, or obtain emergency medical or law-enforcement assistance to another person who was experiencing a medical emergency after using a Schedule I or II controlled substance, and whose death would otherwise form the basis for criminal liability under this section.

(d) Any person who violates subsection (a) of this section is guilty of a class B felony.
16 Del. C. § 1167 — Delaware Code / Title 16 / Chapter 11 / Subchapter VII / Section 1167
§ Â
        1167. Outcomes monitoring.
Status: in_force

In addition to compliance monitoring, the Division shall use data collected by residential health facilities to monitor quality of care and patient outcomes pursuant to § 1162(h) of this title. The Division shall analyze this data in order to help target licensing surveys and inspections. The Department shall promulgate and adopt regulations that define the outcomes monitoring process.
16 Del. C. § 2114 — Delaware Code / Title 16 / Chapter 21 / Section 2114
§ Â
        2114. Revocation of permit.
Status: in_force

The Department of Health and Social Services may revoke any permit issued under this chapter if the person to whom the permit was issued has violated this chapter or the rules or regulations established thereunder.
16 Del. C. § 6603D — Delaware Code / Title 16 / Chapter 66D / Section 6603D
§ Â
        6603D. Required testing of fire life safety dampers.
Status: in_force

(a) All owners of buildings shall be responsible for ensuring that newly-installed fire life safety dampers shall be subject to fire life safety damper testing required to be installed in buildings pursuant to the Delaware Building Standards Code are inspected and tested as required by the applicable NFPA standards referenced in the Delaware Building Standards Code or as set forth in regulations adopted by the State Fire Marshal and in accordance with this section before use is permitted.

(b) Fire dampers, smoke dampers, and fire combination fire/smoke dampers shall be inspected and tested no less than once after the first year of installation, and once every 4 years thereafter, except for hospitals. In hospitals, fire dampers, smoke dampers, and combination fire/smoke dampers shall be inspected and tested no less than once after the first year of installation, and once every 6 years thereafter. The testing of fire dampers, smoke dampers and combination fire/smoke dampers shall include the visual inspection method as defined in NFPA 80, 19.5.2.3.2 and in NFPA 105, Section 7.6.3.2. The remote inspection method set defined in Section 19.5.2.2.3 of NFPA 80 and Section 7.6.3.3 of NFPA 105 shall not be used in place of visual inspection for the periodic testing required under this section. All fire/smoke dampers shall be tested, per the aforementioned schedule, regardless of location.

(c) Once installed, fire life safety dampers shall be inspected and tested no less than once after the first year of installation, and once every 4 years thereafter, except for hospitals. In hospitals, fire life safety dampers shall be inspected and tested no less than once after the first year of installation and once every 6 years thereafter. The testing of fire life safety dampers shall include the visual inspection method as defined in NFPA 80, 19.5.2.3.2 and in NFPA 105, Section 7.6.3.2. The remote inspection method set defined in Section 19.5.2.2.3 of NFPA 80 and Section 7.6.3.3 of NFPA 105 shall not be used in place of visual inspection for the periodic testing required under this section. All fire/smoke dampers shall be tested, per the aforementioned schedule, regardless of location.

(d) All owners of buildings shall be responsible for ensuring that smoke control systems required to be installed pursuant to the Delaware Building Standards Code are tested as required by the applicable NFPA standards referenced in the Delaware Building Standards Code or as set forth in regulations adopted by the State Fire Marshal. Dedicated smoke control systems shall be tested at least semiannually. Nondedicated smoke control systems shall be tested at least annually. Testing of smoke control systems shall include tests to determine airflow quantities and pressure differences are code compliant, including at the following locations:

(1) Across smoke barrier openings.

(2) At the air makeup supplies.

(3) At smoke exhaust equipment.
16 Del. C. § 9305 — Delaware Code / Title 16 / Chapter 93 / Section 9305
§ Â
        9305. Procedures for review.
Status: in_force

Reviews under this chapter shall be conducted in accordance with the following procedures:

(1) Notices of intent. — At least 30 days but not more than 180 days prior to submitting an application for review under this chapter, applicants shall submit to the Bureau a notice of intent in such form as may be determined by the Board to cover the scope and nature of the project. An application may be submitted less than 30 days from submitting the notice of intent only with the written approval of the Board. A notice of intent expires and is rendered invalid if no subsequent application for review is submitted to the Board within 180 days following the date on which the notice of intent is submitted.

(2) Applications for review. — Application forms will be developed by the Board and may vary according to the nature of the application.

(3) Deadlines and time limitations. — Upon receipt of an application under this chapter, the Bureau shall have a maximum of 15 business days to notify the applicant as to whether the application is considered complete. If complete, written notification in accordance with paragraph (4) of this section will be provided. If incomplete, the applicant will be notified in writing of such determination and will be advised of what additional information is required to make the application complete. When the additional information is received, the Bureau again has a maximum of 15 business days to determine whether the application is complete. The same steps shall be taken as with the initial submission each time that additional information is required.

Except as provided below, the review of an application shall take no longer than 90 days from the date of notification as covered under paragraph (4) of this section. If a public hearing is requested under paragraph (6) of this section, the maximum review period will be extended to 120 days from the date of notification. Within 30 days from the date of notification (60 days if a public hearing is requested), the Board may extend the maximum review period up to 180 days from the date of notification. Such extensions shall be invoked only as necessary to allow the development of appropriate review criteria or other guidance when these are lacking or to facilitate the simultaneous review of similar applications. The maximum review period can also be extended as mutually agreed to in writing by the Board and the applicant.

In the case of a project required to remedy an emergency situation which threatens the safety of patients or the ability of the health facility to remain in operation, an abbreviated application shall be submitted in such format as the Board prescribes. As quickly as possible, but within 72 hours after receipt, the Board shall render a decision as to whether or not the project shall be treated as an emergency and whether or not the application shall be approved. The Chair or Vice Chair of the Board shall be authorized to render such decision and shall have discretion as to the decision making process.

(4) Agency review; notification. — Within 5 working days of determining that an application under this chapter is complete, the Bureau shall provide written notification of the beginning of a review. Such notification shall be sent directly to all health care facilities in the State and to others who request direct notification. A notice shall also appear in a newspaper of general circulation which shall serve as written notification to the general public. The date of notification is the date on which such notice appears in the newspaper. The notification shall identify the applicant, indicate the nature of the application, specify the period during which a public hearing in the course of the review as covered in paragraph (6) of this section may be requested, and indicate the manner in which notice will be provided of the time and place of any hearing so requested.

(5) Findings. — Upon completion of a review under this chapter, and within the time frames outlined in paragraph (3) of this section, the Bureau shall notify in writing the applicant and anyone else upon request as to the Board’s decision, including the basis on which the decision was made. Decisions can be conditional, but the conditions must be related to the specific project in question.

(6) Public hearing in the course of review. — Within 10 days after the date of notification as described in paragraph (4) of this section, a public hearing in the course of review may be requested in writing by any person. The Board shall provide for a public hearing if requested and shall provide notification of the time and place for such hearing in a newspaper of general circulation. The public hearing shall be held not less than 14 days after such notice appears in the newspaper. Fees shall not be imposed for such hearings. An opportunity must be provided for any person to present testimony.

(7) Administrative reconsideration — Procedure for Board. — Any person may, for a good cause shown, request in writing a public hearing for purposes of reconsideration of a Board decision rendered under paragraph (5) of this section. The Board may not impose fees for such a hearing. For purposes of this paragraph, a request for a public hearing shall be deemed by the Board to have shown good cause if it:

a. Presents newly discovered, significant, relevant information not previously available or considered by the Board; and

b. Demonstrates that there have been significant changes in factors or circumstances relied upon by the Board in reaching its decision; or

c. Demonstrates that the Board has materially failed to follow its adopted procedures in reaching its decision.

A request for such a hearing must be received within 10 days of the decision. The hearing shall commence within 45 days of the request.

Notice of such public hearing shall be sent, not less than 15 days prior to the date of the hearing, to the person requesting the hearing and to the applicant, and shall be sent to others upon request. Following completion of the hearing, the Board shall, within 45 days, issue its written decision which shall set forth the findings of fact and conclusion of law upon which its decision is based.

(8) Appeal — Applicant. — A decision of the Board following review of an application pursuant to paragraph (5) of this section, an administrative reconsideration pursuant to paragraph (7) of this section, or the denial of a request for extension of a Certificate of Public Review pursuant to § 9307 of this title, may be appealed within 30 days to the Superior Court. Such appeal shall be on the record.

(9) Access by public. — The general public shall be provided access to all applications reviewed under this chapter and to all other written materials pertinent to any review of an application.

(10) Filing fees. — Within 5 working days of determining that an application under this chapter is complete, the Bureau shall notify the applicant of any filing fee due.

Filing fees shall be determined from the following table:

Filing fees shall be due 30 days after the date of notification of the beginning of review as covered under paragraph (4) of this section. This due date may be extended up to 10 additional days at the discretion of the Bureau. Applications for which filing fees have not been paid within this time frame shall be considered to be withdrawn. All filing fees shall be deposited in the General Fund.
16 Del. C. § 3012A — Delaware Code / Title 16 / Chapter 30A / Subchapter II / Section 3012A
§ Â
        3012A. Employment and continuing education.
Status: in_force

(a) New employees. —

An individual hired as a central service technician who does not meet the requirements of § 3011A(a) of this title shall have 18 months, from the date of hire, to comply with the certification requirements.

(b) Continuing education. —

Individuals who are employed as a central service technician in a health-care facility shall annually complete 10 hours of continuing education. The continuing education required under this subsection shall be in subject areas related to the scope of work of a central service technician.
16 Del. C. § 10105 — Delaware Code / Title 16 / Chapter 101 / Subchapter I / Section 10105
§ Â
        10105. Regulations.
Status: in_force

The Secretary and, to the extent the collection of surcharges under this chapter is delegated to or performed by the Director of Revenue, each is authorized to adopt such regulations as are necessary to carry out the purpose of this subchapter and subchapter II of this chapter.
16 Del. C. § 5195 — Delaware Code / Title 16 / Chapter 51 / Subchapter VIII-A / Section 5195
§ Â
        5195. Behavioral Health Consortium.
Status: repealed

(a) (1) The Behavioral Health Consortium, referred to in this subchapter as the “Consortium,” is established.

(2) [Repealed.]

(b) (1) The Consortium shall provide oversight of this State’s private and public bodies or entities that affect behavioral health-care and substance use treatment to ensure the delivery of quality care.

(2) [Repealed.]

(c) (1) The Consortium shall periodically report to the Governor and General Assembly, on a schedule to be determined by the Consortium, to recommend any potential legislative action that ensures quality delivery and expanded access to behavioral health care.

(2) [Repealed.]

(3) The Consortium shall provide a copy of each report under this subsection to the Director and the Librarian of the Division of Legislative Services and to the Delaware Public Archives.
16 Del. C. § 4901A — Delaware Code / Title 16 / Chapter 49A / Section 4901A
§ Â
        4901A. Findings.
Status: in_force

(a) Marijuana’s recorded use as a medicine goes back nearly 5,000 years. Modern medical research has confirmed the beneficial uses for marijuana in treating or alleviating the pain, nausea, and other symptoms associated with a variety of debilitating medical conditions, including cancer, multiple sclerosis, and HIV/AIDS, as found by the National Academy of Sciences’ Institute of Medicine in March 1999.

(b) Studies published since the 1999 Institute of Medicine report have continued to show the therapeutic value of marijuana in treating a wide array of debilitating medical conditions. These include relief of the neuropathic pain caused by multiple sclerosis, HIV/AIDS, and other illnesses that often fails to respond to conventional treatments and relief of nausea, vomiting, and other side effects of drugs used to treat HIV/AIDS and hepatitis C, increasing the chances of patients continuing on life-saving treatment regimens. Specifically, in February 2010, the Center for Medicinal Cannabis Research released a lengthy report that summarized 15 recent studies clearly demonstrating marijuana’s medical efficacy for a broad range of conditions. These studies, many of which were double blind, placebo-controlled trials, included neuropathic pain trials published in the Journal of Pain, Neuropsychopharmacology and Neurology, a study on the analgesic efficacy of smoked marijuana published in Anesthesiology, a study on the mechanisms of cannabinoid analgesia in rats published in Pain, and a study on vaporization as a “smokeless” marijuana delivery system published in Clinical Pharmacology & Therapeutics.

(c) Marijuana has many currently accepted medical uses in the United States, having been recommended by thousands of licensed physicians to at least 350,000 patients in states with medical marijuana laws. Marijuana’s medical utility has been recognized by a wide range of medical and public health organizations, including the American Academy of HIV Medicine, the American College of Physicians, the American Nurses Association, the American Public Health Association and the Leukemia and Lymphoma Society.

(d) Data from the Federal Bureau of Investigation’s Uniform Crime Reports and the Compendium of Federal Justice Statistics show that approximately 99 out of every 100 marijuana arrests in the U.S. are made under state law, rather than under federal law. Consequently, changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill patients who have a medical need to use marijuana.

(e) Alaska, Arizona, California, Colorado, the District of Columbia, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, New Jersey, Oregon, Vermont, Rhode Island, and Washington have removed state-level criminal penalties from the medical use of marijuana. Delaware joins in this effort for the health and welfare of its citizens.

(f) States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. Therefore, compliance with this chapter does not put the State of Delaware in violation of federal law.

(g) State law should make a distinction between the medical and nonmedical uses of marijuana. Hence, the purpose of this chapter is to protect patients with debilitating medical conditions, as well as their health-care practitioners and providers, from arrest and prosecution, criminal and other penalties, and property forfeiture if such patients engage in the medical use of marijuana.
16 Del. C. § 132 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 132
§ Â
        132. Acceptance of federal grants.
Status: in_force

The Secretary or the Secretary’s designee may apply for and accept on behalf of the State, may deposit with the State Treasurer and may expend for the purposes for which granted or advanced, any grant or advance made by the United States or by any agency or officer thereof to assist in meeting the cost of carrying out the purposes of § 131 of this title.
16 Del. C. § 1603 — Delaware Code / Title 16 / Chapter 16 / Section 1603
§ Â
        1603. Definitions.
Status: in_force

As used in this chapter:

(1) “Balloon” means a bag made from rubber, latex, polychloroprene, nylon, mylar, or other material which is or can be filled with air, water, or a gas, including helium, hydrogen, nitrous oxide, or oxygen.

(2) “Dumping” means the deposit of litter in a substantial quantity on public or private property.

(3) “LIEF” means the Littering Investigation and Enforcement Fund.

(4) “Litter” includes all rubbish, waste material, refuse, cans, bottles, garbage, trash, debris, dead animals, 1 to 4 balloons released at 1 time, or other discarded materials of every kind and description.

(5) “Mass release of balloons” means the intentional release of 5 or more balloons at 1 time.

(6) “Public or private property” includes the right-of-way of any road or highway; any body of water or watercourse, or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; and any residential or farm properties, timberlands, or forests.

(7) “Substantial quantity” means a gross, uncompressed volume of litter equal to or greater than 32 gallons or 4.28 cubic feet, which is the capacity of a standard garbage can.
16 Del. C. § 9942 — Delaware Code / Title 16 / Chapter 99 / Subchapter V / Section 9942
§ Â
        9942. Purposes of the Board.
Status: in_force

The purpose of the Board shall be to support, encourage, and promote all of the following:

(1) Accredited general practice residencies in dentistry at any hospital accredited by the Commission on Dental Accreditation of the American Dental Association in the State that will provide a comprehensive postgraduate training program pursuant to the requirements of Chapter 11 of Title 24.

(2) Expansion of opportunities for Delaware residents to obtain dental hygiene and dental assisting education and training at all levels.

(3) A strengthening of the factors favoring the decision of qualified dental personnel to practice in Delaware, including, but not limited to, tools such as loan repayment programs as approved by the Delaware Health Care Commission and supporting programs such as general and specialty dental residences.

(4) Dental needs of the community at large and particularly those who do not have ready access to dental care.

(5) Expansion of opportunities for Delaware residents to obtain training at a reasonable cost in the dental professions.

(6) Incentives for qualified personnel in the dental professions to practice in Delaware.

(7) Support of general and specialty programs as recognized by the American Dental Association.
16 Del. C. § 9404 — Delaware Code / Title 16 / Chapter 94 / Section 9404
§ Â
        9404. Powers and duties.
Status: in_force

In furtherance of the purposes of this chapter, and within the limits of appropriations and other available funds, the Department shall have the following powers and duties:

(1) Develop and implement a statewide community-based attendant services program either directly or through contractual arrangements with other public or private agencies.

(2) Establish and periodically revise an income-based sliding fee schedule for attendant services for eligible participants.

(3) Consistent with definitions in § 9403 of this title, clarify program eligibility and the scope of authorized services.

(4) Establish program operation standards which ensure prompt determination of applications, periodic review of eligibility, participant satisfaction assessment, an impartial grievance system, and provider incentives to fully implement § 1921(a)(14) and (15) of Title 24.

(5) Ensure that the primary program service delivery model is participant-directed and includes the following features:

a. Eligible participant option to hire, supervise, authorize payment to and dismiss attendants.

b. Availability of eligible participant training to facilitate adoption of employer role.

c. Authorization of eligible participant to act through guardian or appointed representative.

(6) Ensure that attendant services are provided in conformity with a written individualized service plan, whose format shall be specifically prescribed by regulation, developed and approved as follows:

a. The plan shall be jointly prepared by the Department and eligible participant, and, in the participant’s discretion, other persons with special expertise or interest, including family members.

b. The plan shall be based on an individualized needs assessment.

c. The contents of the plan shall be fully explained to the eligible participant and implemented only after written endorsement by both the Department and eligible participant.

d. In the event that endorsement is withheld, the plan shall be partially implemented in contexts in which consensus is achieved.

e. The plan shall describe the nature, frequency and financial aspects of itemized attendant services.

f. The plan shall include services onset, review, and ending dates.

(7) Prepare an annual report which describes the number of program participants; profiles of participants, including types of disabilities, geographical location and services provided; financial expenditures; participant satisfaction data; and such other information recommended by the Advisory Council.

(8) Investigate and assess the availability of federal and other funding to support implementation of this chapter.
16 Del. C. § 1005B — Delaware Code / Title 16 / Chapter 10B / Section 1005B
§ Â
        1005B. Powers; duties.
Status: in_force

The Commission shall do all of the following:

(1) Continuously study all of the following, as they relate to vulnerable adult abuse, neglect, and exploitation:

a. Delaware court services and procedures.

b. Delaware law-enforcement procedures and protocol.

c. Delaware criminal justice data collection and analysis.

(2) Effectuate coordination among Delaware agencies, departments, and courts to benefit vulnerable adults who are victims of abuse, neglect, or exploitation.

(3) Promote effective prevention, intervention, and service provision based on research and data.

(4) Recommend standards to state agencies and departments regarding programs or services that serve perpetrators or victims of vulnerable adult abuse, neglect, or exploitation.

(5) Review and provide feedback on introduced legislation relating to vulnerable adult abuse, neglect, or exploitation at the request of a member of the General Assembly or on the Commission’s own initiative.

(6) Submit a written report by March 15 of each year of the Commission’s activities and recommendations to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court of Delaware, with copies to the Director and the Librarian of the Division of Legislative Services. This report must include at least each systemic change that was effectuated as a result of the Commission’s work over the year of the report.
16 Del. C. § 6708 — Delaware Code / Title 16 / Chapter 67 / Section 6708
§ Â
        6708. Definitions.
Status: in_force

For the purposes of this chapter:

(1) “Advisory committee” means the advisory committee on ambulance service.

(2) “Ambulance” includes any privately or publicly owned vehicle that is specially designed, constructed or modified and equipped and is intended to be used for and is maintained or operated for the transportation upon the streets and highways in this State of persons who are sick, injured, wounded or otherwise incapacitated or helpless. Vehicles designed primarily for rescue operations and which do not ordinarily but may transport persons upon the streets and highways are excluded.

(3) “Ambulance attendant” shall have the same definition as is set forth in Chapter 97 of this title.

(4) “Ambulance service district” means a geographical area with boundaries which are typically aligned to fire service districts within the State as identified and certified by State Fire Prevention Commission.

(5) “Ambulance service provider” means an organization or company which has been authorized and certified to provide ambulance service within the State by the State Fire Prevention Commission.

(6) “Certification” means original certification as an ambulance attendant or emergency medical technician by the State Fire Prevention Commission.

(7) “Commission” means State Fire Prevention Commission or a duly authorized representative thereof.

(8) “Criminal history” means a person’s entire criminal history record from the State Bureau of Identification and the person’s entire federal criminal history record maintained by the Federal Bureau of Investigation.

(9) “Decertification” means the cancellation or revocation of the certificate issued by the State Fire Prevention Commission to an ambulance attendant or emergency medical technician.

(10) “Emergency medical technician” (EMT) shall have the same definition as is set forth in Chapter 97 of this title.
16 Del. C. § 8404 — Delaware Code / Title 16 / Chapter 84 / Section 8404
§ Â
        8404. Penalty.
Status: in_force

Each code promulgated and adopted under this section shall contain a penalty clause of not more than a $50 fine and not less than a $25 fine for each infraction with such penalty continued on a daily basis until the terms of the code are complied with.
16 Del. C. § 9217 — Delaware Code / Title 16 / Chapter 92 / Section 9217
§ Â
        9217. Exemption from taxation.
Status: in_force

The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of this State, for the increase of their commerce, welfare and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of a project by the Authority or its agent or a lessee will constitute the performance of an essential public function, neither the Authority nor its agent nor the lessee shall be subject to provisions of the Constitution of the State required to pay any taxes or assessments upon or in respect of a project or upon any property acquired or used by the Authority or its agent, or the lessee, under this chapter or upon the income therefrom, and any bonds or notes issued under this chapter, their transfer and the income therefrom, shall at all times be free from taxation of every kind by the State and by the municipalities and other political subdivisions in the State.
16 Del. C. § 3005B — Delaware Code / Title 16 / Chapter 30B / Section 3005B
§ Â
        3005B. Program administration.
Status: in_force

(a) The Department shall administer the Program. The Department shall promulgate and adopt rules and regulations as are necessary to implement the Program in a cost-effective manner and to ensure the Program is the payer of last resort for prescription drugs. The Department shall adopt rules and regulations that include all of the following:

(1) Payment assistance may not exceed $3,000 in a benefit year to assist each eligible person in the purchase of prescription drugs and the payment of certain Medicare Part D costs.

(2) Medicare Part D coverage must be primary to payment assistance under the Program.

(3) The Department shall restrict covered prescription drugs covered under the Program to those manufactured by pharmaceutical companies that agree to provide manufacturer rebates under the drug rebate program established for non-Medicaid programs. The Department shall establish a state rebate program that it determines is in the best interests of the citizens who are being served. The rebate amount must be calculated using the full methodology prescribed by the federal government for the Medicaid program. Notwithstanding any provisions of the Delaware Code to the contrary, the Department shall deposit any drug rebate funds received into the Program’s account and shall use these funds to meet Program costs.

(4) The Department shall develop a copayment requirement, which may not exceed 25% of the acquisition cost but which must be no lower than $5.00. The copayment requirement under this paragraph applies to prescription drug costs not covered by Medicare Part D.

(5) The Department shall provide a clear, written explanation defining the scope of the Program’s coverage, the amount of the cost-sharing requirements, and any limitations on access to covered prescription drugs. The Department shall provide notice, when 75% of the cap has been expended. The Department shall also notify individuals of the process to appeal a decision denying reimbursement for prescription drugs or denying an individual’s eligibility for the Program. Services are to begin on the first day of the month, following the month that eligibility is determined. An eligible person must be provided an identification card for the Program.

(6) A system of administration may not make direct cash payment to any eligible person.

(b) The Department may promulgate and adopt rules and regulations that do any of the following:

(1) Limit application to the Program to a specific open-enrollment period.

(2) Limit Medicare Part D plan options to align with federal Low Income Subsidy benchmarks.

(3) Develop prescription quantity limits.

(4) Impose an annual enrollment fee in an amount not to exceed $20 that must be paid by all eligible persons in the Program to defray administrative expenses. Payment of any such fee must be credited to a special fund to be designated as the Prescription Assistance Fund. For each year, the maximum unencumbered balance that may remain in the Prescription Assistance Fund at the end of any year may not be more than the administrative cost of the Program in the subsequent year.

(5) Determine income eligibility of an individual by any reasonable means, including a review of the individual’s most recent federal and state income tax returns and copies of income checks. Determine residency, age, and disability eligibility by submission of documents the Department deems reasonable.

(6) Otherwise enable the Department to implement the Program consistent with the purposes outlined in this chapter and the appropriations provided to implement the Program.
16 Del. C. § 1606 — Delaware Code / Title 16 / Chapter 16 / Section 1606
§ Â
        1606. Prima facie evidence.
Status: in_force

(a) (1) The throwing, depositing, dropping, releasing, or dumping of litter from a motor vehicle, boat, airplane, or other conveyance in violation of this chapter is prima facie evidence that the operator of the conveyance violated chapter.

(2) If, under paragraph (a)(1) of this section, a motor vehicle is used and the identity of the operator is not discernable, there is a rebuttable presumption that the registered owner of the motor vehicle caused or contributed to the violation.

(b) A license to operate a conveyance listed in paragraph (a)(1) of this section may be suspended for a period not to exceed 30 days together with, or in lieu of, other penalties for littering under this chapter or another law of this State. But, if littering or dumping from a conveyance listed in subsection (a) of this section is a first offense, the license may not be suspended and the sanctions provided in § 1605 of this title apply.
16 Del. C. § 3005E — Delaware Code / Title 16 / Chapter 30E / Subchapter I / Section 3005E
§ Â
        3005E. Training.
Status: in_force

(a) The Department of Education shall develop, for approval by the Division of Public Health, a training course to prepare trained persons to administer emergency medications to diagnosed and undiagnosed individuals.

(b) Except for a school nurse, an educator, coach or person hired or contracted by schools serving students in pre-kindergarten through grade 12 shall not be compelled to become a trained person, unless this is a requirement of hire or contract.
16 Del. C. § 2405 — Delaware Code / Title 16 / Chapter 24 / Section 2405
§ Â
        2405. Notice to employees.
Status: in_force

Employers shall post adequate notice, at locations where notices are normally posted, informing employees about their rights under this chapter. In the absence of a notice prepared by the Secretary pursuant to § 2413 of this title, an employer notice shall be posted.
16 Del. C. § 10001 — Delaware Code / Title 16 / Chapter 100 / Section 10001
§ Â
        10001. Purpose.
Status: in_force

The purpose of this chapter is to establish an integrated wireline and wireless 911-Enhanced Emergency Number Service throughout this State in order to improve and/or enhance emergency communication procedures.
16 Del. C. § 7410 — Delaware Code / Title 16 / Chapter 74 / Section 7410
§ Â
        7410. Inspection agreements and training programs.
Status: in_force

(a) Subject to the approval of the Governor, the Authority may enter into agreements with the federal government, other states or interstate agencies for inspections or other functions relating to control of sources of ionizing radiation.

(b) The Authority or its duly authorized representatives may institute training programs for the purpose of qualifying personnel to carry out this chapter and may make personnel available for participation in any program or programs of the federal government, other states or interstate agencies.
16 Del. C. § 2516 — Delaware Code / Title 16 / Chapter 25 / Section 2516
§ Â
        2516. Validity of advance health-care directive; conflict with other law.
Status: in_force

(a) An advance health-care directive created outside this State is valid if it complies with either of the following:

(1) The law of the state specified in the directive or, if a state is not specified, the state in which the individual created the directive.

(2) This chapter.

(b) A person may assume without inquiry that an advance health-care directive is genuine, valid, and still in effect, and may implement and rely on it, unless the person has good cause to believe the directive is invalid or has been revoked.

(c) An advance health-care directive, revocation of a directive, or a signature on a directive or revocation may not be denied legal effect or enforceability solely because it is in electronic form.

(d) Evidence relating to an advance health-care directive, revocation of a directive, or a signature on a directive or revocation may not be excluded in a proceeding solely because the evidence is in electronic form.

(e) This chapter does not affect the validity of an electronic record or signature that is valid under Chapter 12A of Title 6.

(f) If this chapter conflicts with other law of this State relating to the creation, execution, implementation, or revocation of an advance health-care directive, this chapter prevails.
16 Del. C. § 10315 — Delaware Code / Title 16 / Chapter 103 / Subchapter II / Section 10315
§ Â
        10315. Funding the Delaware Health Care Claims Database.
Status: in_force

(a) DHIN may not require any mandatory reporting entity, voluntary reporting entity, or provider to pay a cost or fee to submit or verify the accuracy of claims data or otherwise to enable the operation of the Delaware Health Care Claims Database with respect to required claims data submissions.

(b) DHIN may enter a contract under § 10303(a)(11) of this title with a person that voluntarily subscribes to access the database.

(c) DHIN, with the assistance of the Department of Health and Social Services, shall develop short-term and long-term funding strategies for the creation and operation of the Delaware Health Care Claims Database. The strategies may include any of the following:

(1) Public and private grant funding.

(2) Subscriptions for access to data reports, access fees, and revenue for specific data projects, subject to the limitations of this section.
16 Del. C. § 2201 — Delaware Code / Title 16 / Chapter 22 / Section 2201
§ Â
        2201. Declaration of policy.
Status: in_force

Substance abuse is one of the greatest challenges facing our State, schools, workplaces and families because it has destructive influences that pervade all facets of our society. Accordingly, it is the policy of this State to provide treatment to those who abuse substances such as alcohol, drugs or inhalants. Therefore, this chapter is designed to enable those engaged in substance abuse to receive appropriate care and treatment. Although voluntary treatment is preferred, this chapter also provides a mechanism for involuntary treatment in suitable cases.
16 Del. C. § 2002 — Delaware Code / Title 16 / Chapter 20 / Section 2002
§ Â
        2002. Definitions.
Status: in_force

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

(1) “Delaware uniform claims and billing data set” means that data approved for use by the State Uniform Billing Committee.

(2) “Hospital” means any nonfederal facility licensed as such pursuant to Chapter l0 of this title.

(3) “Individual” means a singular human being.

(4) “Nursing home” means any and all rest residential, assisted living facility, skilled care or intermediate nursing facility licensed pursuant to Chapter 11 of this title.

(5) “Person” means an individual, trust or estate, a partnership, a corporation (including associations, joint stock companies and insurance companies), or a state or political subdivision or instrumentality (including a municipal corporation) of a state.

(6) “Raw data” means any information collected pursuant to this chapter which has not been approved for release by the state agency.

(7) “State agency” means the Division of Public Health within the Department of Health and Social Services. The Division of Public Health shall serve as the designated statistical agency under Public Law 95-623 for data analysis and statistical research related to the National Center for Health Statistics activities and for the designation of Health Manpower Shortage Areas (HMSAs) and Medically Underserved Areas (MUAs) by the U.S. Department of Health and Social Services.

(8) “Third-party payers” means any person authorized to transact health insurance or to engage in the business of a health service corporation in this State.
16 Del. C. § 165 — Delaware Code / Title 16 / Chapter 1 / Subchapter V / Section 165
§ Â
        165. Indigent children with physical disabilities program.
Status: in_force

The Department of Health and Social Services is designated as the agency for and on behalf of this State to administer a program of services for indigent children with physical disabilities or who are suffering from conditions which lead to physical disabilities, and to supervise the administration of such services included in the program not administered directly by it. The purpose of such program shall be to develop, extend and improve services for locating such children and for providing for medical, surgical, corrective and for such other services and care, and for facilities for diagnosis, hospitalization and after-care.
16 Del. C. § 4768 — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4768
§ Â
        4768. Medical or psychiatric examination or treatment.
Status: in_force

After a conviction and before sentencing for violation of § 4761(a), § 4763, or § 4764 of this title, or before conviction if the defendant consents, the court may order the defendant to submit to a medical or psychiatric examination or treatment. The court may order such examination by the Department of Health and Social Services or by a private physician, hospital, or clinic and the court may make such order regarding the term and conditions of such examination or treatment and the payment therefor by the defendant as a court in its discretion shall determine. The Department of Health and Social Services or the private physician, hospital, or clinic shall report to the court within such time as the court shall order, not more than 90 days from the date of such order. After such report and upon conviction of such violation, the court shall impose sentence or suspend sentence and may impose probation or a requirement of future medical or psychiatric examination or treatment including hospitalization or outpatient care upon such terms and conditions and for such period of time as the court shall order.
16 Del. C. § 802C — Delaware Code / Title 16 / Chapter 8C / Section 802C
§ Â
        802C. Definitions.
Status: in_force

(a) “Blood specimen for metabolic, hematologic, endocrinologic, and immunologic disorders” means a dried blood spot on a special filter paper utilized for screening (not diagnostic) tests to establish the likely presence of metabolic, hematologic, endocrinologic, or immunologic disorders.

(b) “Certain structural disorders” includes critical congenital heart defects and other structural disorders.

(c) “Endocrinologic disorder” means the absence or deficiency of a hormone resulting in interference with normal health, growth or development. These disorders include, but are not limited to congenital hypothyroidism and congenital adrenal hyperplasia.

(d) “Hematologic disorder” means, a condition in which a variation in 1 or more of the hemoglobin structural genes or in 1 or more of the genes involved in hemoglobin synthesis produces a variation in hemoglobin structure or synthesis, which results in variation in hemoglobin function. These disorders include, but are not limited to, sickle cell anemia, sickle beta thalassemia, beta thalassemia, alpha thalassemia, hemoglobin C disease and other clinically important variations in hemoglobin structure or synthesis.

(e) “Immunologic disorder” means, a condition in which a variation in the quantity or function of white blood cells results in deficiency of immune function. These disorders include, but are not limited to, severe combined immunodeficiency disorder.

(f) “Kit” means any or all parts of the combined materials, laboratory filter paper specimen forms, Newborn Screening Program brochure, and/or other components provided by the state Newborn Screening Program for the purposes of collection of the blood spot specimen and for submission of the blood spot specimen for laboratory screening.

(g) “Metabolic disorder” means a disorder caused by a genetic alteration, which results in a defect in the structure or function of a specific enzyme or other protein. These disorders include, but are not limited to, phenylketonuria (PKU), galactosemia, maple syrup urine disease (MSUD), and medium chain acyl-CoA dehydrogenase (MCAD) deficiency.

(h) “Newborn infant” means any infant born in the State who is under 4 weeks of age.

(i) The “Newborn Screening Advisory Committee” means a committee, established through this chapter, convened to provide advice and guidance to the Director of Public Health.

(j) “Satisfactory specimen” means a blood spot specimen on which an accurate laboratory analysis for the various disorders can be performed.
16 Del. C. § 9810 — Delaware Code / Title 16 / Chapter 98 / Section 9810
§ Â
        9810. Reciprocity.
Status: in_force

Where a person applies for a certification as a paramedic and has already been licensed or certified as such in another state, the Administrator shall accept a true copy of such license or certificate, or evidence of any examination scores issued by a testing service or professional paramedic association, which shows that the applicant has met requirements in the previous state which are equal to those required in this State; such applicant shall be required to meet such written and practical examinations as determined by the medical directors; and the Board shall certify such person to be a paramedic in the State.
16 Del. C. § 3605 — Delaware Code / Title 16 / Chapter 36 / Section 3605
§ Â
        3605. Regulatory authority [For application of this section, see 84 Del. Laws, c. 373, Â 3] [Expires Aug. 29, 2028].
Status: in_force

The Division shall adopt regulations under Chapter 101 of Title 29 to implement the Delaware Grocery Initiative in accordance with this chapter.
16 Del. C. § 2722 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2722
§ Â
        2722. Confidentiality requirement.
Status: in_force

(a) General rule. — Except as provided in subsection (b) of this section, no procurement organization may divulge any individually identifiable information acquired in the course of performing its responsibilities under this chapter except for the purpose of facilitating organ, eye or tissue donation and transplantation or as otherwise required under applicable laws.

(b) Donors and recipients. — The identity of the donor and of the recipient may not be communicated unless expressly authorized by:

(1) The recipient;

(2) If the donor is alive, the donor; and

(3) If the donor is deceased, the next-of-kin of the donor.
16 Del. C. § 7202 — Delaware Code / Title 16 / Chapter 72 / Section 7202
§ Â
        7202. Unlawful use, filling or refilling of containers.
Status: in_force

(a) No person except the owner thereof or person authorized in writing by the owner shall fill or refill with liquefied petroleum gas, or any other gas or compound, a liquefied petroleum gas container, or buy, sell, offer for sale, give, take, loan, deliver or permit to be delivered or otherwise use, dispose of or traffic in a liquefied petroleum gas container or containers if the container bears upon the surface thereof in plainly legible characters the name, initials, mark or other device of the owner, nor shall any person other than the owner of a liquefied petroleum gas container or a person authorized in writing by the owner deface, erase, obliterate, cover up or otherwise remove or conceal any name, mark, initial or device thereon.

(b) It shall be unlawful for any person to fill a liquefied petroleum gas container in excess of the amount permitted in the National Fire Protection Association Standard 58, The Liquefied Petroleum Gas Code; or to fill a liquefied petroleum gas container on the property of any person that is not equipped with a fill tube or gauge; provided that a liquefied petroleum gas container may be filled by weight if the liquefied petroleum gas container is weighed before and after filling.
16 Del. C. § 1419 — Delaware Code / Title 16 / Chapter 14 / Section 1419
§ Â
        1419. Transfer of interest by municipalities; use of certain lands; powers of municipalities.
Status: in_force

(a) Notwithstanding any contrary provision of law, any municipality may transfer jurisdiction over, lease, lend, grant, sell or convey to any authority upon the request of such authority, with or without consideration, any facilities or any right or interest therein or any property appertaining thereto or any real property or estate, right or interest therein for use by such authority in connection with the construction, reconstruction, extension, repair, improvement, maintenance or operation of 1 or more projects upon such terms and conditions as the governing body of such municipality shall determine to be for the best interest of such municipality. The State consents to the use of all lands below high watermark owned or controlled by it and to the use of any land between the right-of-way limits of any state highway which are necessary or desirable in connection with the construction, reconstruction, extension, repair, improvement, maintenance or operation of any project; provided, however, that the use of any portion between the right-of-way limits of a state highway shall be subject to the approval of the State Highway Department.

(b) Each municipality may:

(1) Contract with any authority created hereunder for the collection, treatment or disposal of sewage;

(2) Contract with any authority created hereunder for shutting off the supply of water furnished by any water system owned or operated by such municipality or under its jurisdiction or control to any premises connected with any sewerage system of the authority in the event that the owner, tenant or occupant of such premises shall fail to pay any rates, fees or charges for the use of or for the services furnished by such sewerage system within the time or times specified in such contract;

(3) Contract with any authority with respect to any and all matters and things concerning which such authority is authorized to contract with such municipality under this chapter;

(4) Loan to any newly created authority money for the purpose of providing funds to pay the organization and preliminary expenses of such authority on condition that such moneys shall be repaid out of the proceeds of the first issue of such authority.
16 Del. C. § 3506 — Delaware Code / Title 16 / Chapter 35 / Section 3506
§ Â
        3506. Entering premises for inspection and enforcement; penalty for refusal.
Status: in_force

(a) The Department of Health and Social Services, by its agent or representative, may enter upon the premises of any factory in this State engaged in the canning business for the purpose of inspecting and enforcing this chapter.

(b) Any person engaged in the canning business refusing access to the agent or representative of the Department of Health and Social Services or in any way interfering with such agent or representative in the exercise of the agent’s or representative’s duties, when other penalties are not provided in this chapter, shall, for each offense, be fined not more than $100. In default of the payment of any fine that may be imposed under this chapter, imprisonment may be imposed for a term, in the direction of the court, in lieu thereof.
16 Del. C. § 9958 — Delaware Code / Title 16 / Chapter 99 / Subchapter VI / Section 9958
§ Â
        9958. Open meetings; records subject to disclosure.
Status: in_force

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

(b) (1) Except as provided under paragraph (b)(2) of this section, records submitted by hospitals to the Board are not public records for purposes of the Freedom of Information Act [Chapter 100 of Title 29].

(2) The following are public records and shall be posted on the Board’s or the Commission’s website:

a. Original and modified budgets.

b. Spending and revenue data.

c. Utilization information.

(c) (1) The Board shall annually convene at least 1 public hearing per hospital subject to this subchapter to allow the hospital to present financial information required under § 9953 of this title and any benchmark compliance plan required under § 9954 of this title to the Board and engage in dialogue with the Board regarding questions, concerns, or additional information necessary to determine whether the hospital’s actual and projected annual spend growth is in line with the spending benchmark, other health-care spending directives, and other discretionary factors that the Board may consider as promulgated in regulation.

(2) The Board may schedule more than 1 hospital for the same public hearing required under paragraph (c)(1) of this section, but each hospital must be allowed at least 1 hour for its presentation.
16 Del. C. § 3003B — Delaware Code / Title 16 / Chapter 30B / Section 3003B
§ Â
        3003B. Definitions.
Status: in_force

As used in this chapter:

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

(2) “Eligible person” means an individual eligible for the Delaware Prescription Drug Payment Assistance Program under § 3004B of this title.

(3) “Medicare Part D costs” means monthly premiums, deductibles, and those drug costs falling into Part D coverage gap up to the Program benefit limits and subject to program co-pay requirements as described in § 3005B(a)(4) of this title. Medicare Part D costs do not include Medicare Part D co-payments.

(4) “Prescription drugs” means drugs that are self-administered or administered by a lay person that have been approved as safe and effective by the Federal Food and Drug Administration or are otherwise legally marketed in the United States. Medications administered only by a clinically trained person are not covered under this program. Prescription drugs covered under this chapter are limited and subject to the provisions of § 3005B of this title and the rules and regulations adopted under § 3005B of this title.

(5) “Program” means the Prescription Drug Payment Assistance Program.
16 Del. C. § 8403 — Delaware Code / Title 16 / Chapter 84 / Section 8403
§ Â
        8403. Enforcement of code.
Status: in_force

Enforcement of the code when adopted by the Levy Court or County Council and municipalities mentioned in § 8401 of this section shall rest with the Levy Court or County Council and municipalities, except that enforcement of the code with respect to the work of a state, city or county agency, whether by contract or its own forces, may be delegated to that agency.
16 Del. C. § 9817 — Delaware Code / Title 16 / Chapter 98 / Section 9817
§ Â
        9817. Mobile-integrated healthcare and community paramedicine programs [For application of section, see 84 Del. Laws, c. 419, Â 6].
Status: in_force

(a) An organization licensed as or actively seeking licensure as an emergency medical services provider agency may apply to the Office to establish a mobile-integrated healthcare or community paramedicine program.

(b) The Office shall review an application filed under subsection (a) of this section and make a recommendation on the application to the Director of the Division of Public Health.

(c) The Director of the Division of Public Health shall approve an application filed under subsection (a) of this section if the application meets the requirements of this section.

(d) The Office shall establish standards, approved by the Board of Medical Licensure and Discipline, for the establishment and operation of a mobile-integrated healthcare or community paramedicine program.

(e) On filing of an application under subsection (a) of this section, an organization must be licensed as or actively seeking licensure as an emergency medical services provider agency.

(f) (1) A mobile-integrated healthcare or community paramedicine program must have a mobile-integrated healthcare or community paramedicine medical director and a mobile-integrated healthcare or community paramedicine program coordinator.

(2) A mobile-integrated healthcare or community paramedicine medical director has the responsibilities of an EMS medical director under § 9806(b) of this title.

(g) An individual employed to work in a mobile-integrated healthcare or community paramedicine program shall meet the requirements for certification or licensure imposed by this State and the organization employing the individual.

(1) A mobile-integrated healthcare or community paramedicine program may include physicians, nurse practitioners, advanced practice registered nurse, registered nurses, licensed practical nurses, physician assistants, physical or occupational therapists, mental health providers, paramedics, or other emergency medical services providers.

(2) A paramedic or other emergency medical services provider providing care through a mobile-integrated healthcare or community paramedicine program is subject to discipline as provided under § 9811 of this title.

(3) An individual other than a paramedic or other emergency medical services provider providing care through a mobile-integrated healthcare or community paramedicine program is subject to discipline by the body certifying or licensing the individual.

(h) (1) A mobile-integrated healthcare or community paramedicine program must have a structured education program, approved by the Office, which includes didactic and clinical components.

(2) Performance, skills, and continuing education must be documented by an organization’s mobile-integrated healthcare or community paramedicine program for each emergency medical services provider in the organization’s mobile-integrated healthcare or community paramedicine program.

(i) An emergency medical services provider employed to work in a mobile-integrated healthcare or community paramedicine program shall complete the State’s mandatory recertification education for the emergency medical services provider’s specific level of training and any recertification education required by the mobile-integrated healthcare or community paramedicine program.

(j) An organization shall develop protocols for the organization’s mobile-integrated healthcare or community paramedicine program specific to the program’s community healthcare needs.

(k) (1) An organization’s mobile-integrated healthcare or community paramedicine program may not exceed the scope of practice of an emergency medical services provider without the approval of the Office and Director of the Division of Public Health.

(2) A request to expand the scope of practice of an emergency medical services provider must be approved by the Office and the Director of the Division of Public Health, with input from the Board of Medical Licensure and Discipline.

(l) (1) Section 9813 of this title does not apply to a paramedic’s provision of care through a mobile-integrated healthcare or community paramedicine program.

(2) An organization shall ensure the appropriate liability protection for a paramedic providing care through a mobile-integrated healthcare or community paramedicine program.

(m) The Office may adopt regulations to administer, enforce, and implement this section.
16 Del. C. § 8807 — Delaware Code / Title 16 / Chapter 88 / Section 8807
§ Â
        8807. Exceptions, claims of negligence.
Status: in_force

Failure to comply with this chapter shall not be considered as evidence of either contributory or comparative negligence in any civil suit or insurance claim adjudication arising out of injury or death arising from a fire or the direct consequences of a fire; nor shall failure to comply with this chapter to be admissible as evidence in any trial of any civil action or insurance claim.
16 Del. C. § 1504 — Delaware Code / Title 16 / Chapter 15 / Section 1504
§ Â
        1504. Prohibiting surface drainage.
Status: in_force

The Department of Health and Social Services may prohibit the owner or tenant of any property within any incorporated town or within 1 mile from the water supply thereof from discharging any sewerage or drainage from any house or building on or over the surface of the ground adjoining the same whenever it determines that the same is detrimental to the health of the inhabitants of the town or those living within 1 mile from the water supply thereof.
16 Del. C. § 3002I — Delaware Code / Title 16 / Chapter 30I / Section 3002I
§ Â
        3002I. Provision of mammograms or referrals for self-referred patients.
Status: in_force

A mammography facility must either provide a mammogram to a patient who requests a mammogram without a referral from a physician or provide written notice to the patient that the facility does not perform mammograms on self-referred patients and provide a written referral to at least 1 of the following:

(1) A hospital licensed under Chapter 10 of this title, whether a nonprofit subject to 26 U.S.C. § 501(c)(3), a not-for-profit entity, or a for-profit entity, known or believed by the mammography facility to have sufficient equipment and staff to assist the patient with obtaining a mammogram, discussing the results with the patient, and coordinating or recommending appropriate care based on the results of the mammogram.

(2) An outpatient clinic or facility affiliated with a hospital or operating under the license of a hospital as defined in Chapter 10 of this title, known or believed by the mammography facility to have sufficient equipment and staff to assist the patient with obtaining a mammogram, discussing the results with the patient, and coordinating or recommending appropriate care based on the results of the mammogram.
16 Del. C. § 1605 — Delaware Code / Title 16 / Chapter 16 / Section 1605
§ Â
        1605. Penalties; jurisdiction; voluntary assessment form [For application of this section, see 83 Del. Laws, c. 283, Â 50].
Status: in_force

(a) (1) A person found guilty of littering under § 1604(a) of this title must be punished by a fine of not less than $50 and up to 8 hours of community service for a first offense, and $75 and up to 25 hours of community service for a second offense within 2 years of the first offense. This paragraph does not apply to the intentional release of 1 to 4 balloons. The penalty for intentionally releasing 1 to 4 balloons is provided in paragraph (a)(3)a. of this section.

(2) A person found guilty of dumping under § 1604(b) of this title must be punished by a fine of not less than $500 and not less than 8 hours of community service for a first offense, and a fine of not less than $1,000 and not less than 16 hours of community service for a second offense within 2 years of the first offense. Each instance of dumping constitutes a separate offense under this chapter.

(3) Balloons. —

a. A person who is found in violation of § 1604(a) of this title by releasing 1 to 4 balloons must do the following:

1. For a first violation, pay a civil penalty of not less than $25.

2. For a second or subsequent violation within 2 years of a first violation, pay a civil penalty of not less than $75 and complete up to 8 hours of community service.

b. A person who is found in violation of § 1604(c) of this title through the mass release of balloons must do the following:

1. For a first violation, pay a civil penalty of not less than $250 and complete up to 8 hours of community service.

2. For a second or subsequent violation, pay a civil penalty of not less than $350 and complete up to 25 hours of community service.

(4) An additional mandatory penalty of $500 must be imposed, in addition to the fine, for every first or subsequent offense, or an additional mandatory civil penalty of $500 must be imposed in addition to the civil penalty for every first or subsequent violation, if the offense or violation occurred in any of the following locations:

a. On or along a Delaware byway, as defined in § 101 of Title 17.

b. A State park, forestry area, or fish and wildlife area.

c. A federal wildlife refuge.

d. Land within the State that is administered by the United States Department of Interior, National Park Service.

(5) In addition to the penalties listed in paragraphs (a)(1) through (a)(4) of this section, the Court may require a person found guilty of violating this chapter to do 1 or both of the following:

a. Pick up and remove from any public street, highway, public or private right-of-way, public beach, stream, bank, or public park all litter deposited or dumped on the property by anyone before the date of execution of sentence.

b. Pay as restitution an amount determined by the Court to the Littering Investigation and Enforcement Fund. The State shall maintain the LIEF as a subaccount of the Special Law Enforcement Assistance Fund established under subchapter II of Chapter 41 of Title 11. Disbursement of LIEF funds must be authorized under the procedures established under § 4113 of Title 11, for the purpose of investigation, enforcement, and remediation of unlawful littering or dumping.

(b) The Justice of the Peace Court has jurisdiction over a violation of this chapter.

(c) The Court shall make public the names of persons convicted of violating this chapter.

(d) (1) A peace officer of this State who charges a person with littering or mass release of balloons under § 1604 of this title may, in addition to issuing a summons for the offense or violation, provide the offender with a voluntary assessment form which, when properly executed by the officer and the offender, allows the offender to dispose of the charge without the necessity of personally appearing in the Court to which the summons is returnable.

(2) a. Payments made under paragraphs (a)(1) through (a)(4) of this section must be remitted to and received by the Court to which the summons is returnable within 10 days from the date of arrest or, for the release of 1 to 4 balloons or mass release of balloons, the date of the violation, excluding Saturday and Sunday.

b. Restitution made to the LIEF under paragraph (a)(5)b. of this section must be remitted to and received by the Court ordering restitution within 10 days from the date of the order for restitution, excluding Saturday and Sunday.

(3) The fine imposed under this subsection must be the minimum fine as provided for in subsection (a) of this section, plus other costs as may be assessed by law.

(4) “Voluntary assessment form,” as used in this section, means the written agreement or document signed by the violator in which the violator agrees to pay by mail the fine for the offense described in the agreement or document together with costs and penalty assessment.
16 Del. C. § 9301A — Delaware Code / Title 16 / Chapter 93A / Section 9301A
§ Â
        9301A. Definitions.
Status: in_force

(a) As used in this chapter:

(1) “Community benefit program” means the activities of a hospital that are intended to address community needs and priorities primarily through disease prevention and improvement of health status, including any of the following:

a. Health-care services rendered to vulnerable populations. Such free or discounted services may include charity care and the unreimbursed cost of providing services to individuals who are uninsured, underinsured, or eligible for Medicaid.

b. Financial or in-kind support of public health programs.

c. Donations of funds, property, or other resources that contribute to a community priority.

d. Services that are intended to enhance access to health-care or related services that contribute to a healthier community.

e. Services offered to meet a community need in the service area of the hospital, and other services including health promotion, health education, prevention, and social services.

f. The provision of food, shelter, clothing, education, transportation, and other goods or services that help maintain a person’s health.

(2) “Community health needs assessment” means the process by which unmet community health care needs and priorities are identified by a nonprofit hospital in accordance with 26 C.F.R. § 1.501(r)-3.

(3) “Hospital” means a nonprofit entity under Internal Revenue Code § 501 [26 U.S.C. § 501] licensed as a hospital in the State pursuant to Chapter 10 of this title that is required to file annually Internal Revenue Service Form 990.
16 Del. C. § 1151 — Delaware Code / Title 16 / Chapter 11 / Subchapter VI / Section 1151
§ Â
        1151. Definitions.
Status: in_force

As used in this subchapter:

(1) “Agency” means any private or public agency operating in the State, one of whose purposes is the funding, provision or regulation of health care services.

(2) “Long-term care facility” means any facility as defined in § 1102 of this title.

(3) “Long-Term Care Ombudsperson” or “Ombudsperson” means the person designated under the Older Americans Act, as amended (42 U.S.C. § 3001 et. seq.) to perform the mandated functions of the Office of the Long-Term Care Ombudsperson in the State, or the Ombudsperson’s designee.

(4) “Record” means any medical, social, or financial information pertaining to a resident of a long-term care facility which is maintained by any agency regulated under this chapter or Chapter 10 of this title; provided, however, that “record” does not include criminal investigative files.
16 Del. C. § 3097F — Delaware Code / Title 16 / Chapter 30F / Subchapter VII / Section 3097F
§ Â
        3097F. Veterinary care and farrier services for retired law-enforcement horses [For application of this section, see 85 Del. Laws, c. 152, Â 2].
Status: in_force

(a) The “Department,” as defined in § 3095F(1)a., b., c., or d. of this title, that a retired law-enforcement horse assisted shall reimburse an owner up to $5,000 annually for veterinary care expenses and farrier services paid by the owner for the care of that retired law-enforcement horse.

(b) The “Department,” as defined in § 3095F(1)a., b., c., or d. of this title, that the retired law-enforcement horse assisted shall require that the owner provide documentation of the veterinary care expenses and farrier services for the care of that retired law-enforcement horse.

(c) If this section is applicable to a Department, then that Department shall promulgate regulations to establish a reimbursement process under this section.
16 Del. C. § 1708 — Delaware Code / Title 16 / Chapter 17 / Section 1708
§ Â
        1708. Storage of refuse and garbage in multi-family buildings; penalty.
Status: in_force

(a) Multi-family houses and apartment complexes shall provide adequate storage areas outside the principal structure of such multi-family houses and apartment complexes for the temporary storage of trash and garbage and shall provide covered metal containers in such areas for the temporary storage of refuse classed as garbage.

(b) Any person who violates this section shall upon the first conviction thereof be fined $10 and upon each subsequent conviction thereof shall be fined not less than $25 nor more than $500 or shall be imprisoned not more than 90 days, or both.
16 Del. C. § 1903 — Delaware Code / Title 16 / Chapter 19 / Section 1903
§ Â
        1903. Declaration of nuisance.
Status: in_force

Any accumulation of water in which mosquitoes are breeding or are likely to breed is declared to be a nuisance.
16 Del. C. § 9306 — Delaware Code / Title 16 / Chapter 93 / Section 9306
§ Â
        9306. Review considerations.
Status: in_force

In conducting reviews under this chapter, the Board shall consider as appropriate at least the following:

(1) The relationship of the proposal to the Health Resources Management Plan adopted pursuant to § 9303 of this title. Prior to adoption of a Health Resources Management Plan by the Board, the State health plan last in use by the Health Resources Management Council shall comprise such plan;

(2) The need of the population for the proposed project;

(3) The availability of less costly and/or more effective alternatives to the proposal, including alternatives involving the use of resources located outside the State;

(4) The relationship of the proposal to the existing health-care delivery system;

(5) The immediate and long-term viability of the proposal in terms of the applicant’s access to financial, management and other necessary resources;

(6) The anticipated effect of the proposal on the costs of and charges for health care; and

(7) The anticipated effect of the proposal on the quality of health care.
16 Del. C. § 1006B — Delaware Code / Title 16 / Chapter 10B / Section 1006B
§ Â
        1006B. Immunity.
Status: in_force

(a) A commission member, including a designee, who serves under this chapter must do so in good faith and with reasonable care. Unless it is established that the member caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, the member is not subject to any of the following as a result of the member’s action:

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

(2) Criminal liability.

(3) Civil liability.

(b) A person, including a state agency, that furnishes information, data, testimony, a report, or a record to the Commission or a review panel under this chapter is not subject to any of the following as a result of the person’s furnishment:

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

(2) Criminal liability.

(3) Civil liability.
16 Del. C. § 2529 — Delaware Code / Title 16 / Chapter 25 / Section 2529
§ Â
        2529. Savings provisions.
Status: in_force

(a) An advance health-care directive created before September 30, 2025, is valid if it complies with this chapter or complied at the time of creation with the law of the state in which it was created.

(b) This chapter does not affect the validity or effect of an act done before September 30, 2025.

(c) An individual who assumed authority to act as default surrogate before September 30, 2025, may continue to act as default surrogate until the individual for whom the default surrogate is acting has capacity or the default surrogate is disqualified, whichever occurs first.
16 Del. C. § 5004 — Delaware Code / Title 16 / Chapter 50 / Section 5004
§ Â
        5004. Emergency detention of a person with a mental condition; justification; procedure.
Status: in_force

(a) Any person who believes that another person’s behavior is both the product of a mental condition and is dangerous to self or dangerous to others may notify a peace officer or a credentialed mental health screener or juvenile mental health screener and request assistance for said person. Upon the observation by a peace officer or a credentialed mental health screener or juvenile mental health screener that such individual with an apparent mental condition likely constitutes a danger to self or danger to others, such person with an apparent mental condition shall be promptly taken into custody for the purpose of an emergency detention by any peace officer in the State without the necessity of a warrant. Any such observation shall be described in writing and shall include a description of the behavior and symptoms which led the peace officer or credentialed mental health screener or juvenile mental health screener to such conclusion. The documentation required herein shall set forth any known relationship between the person making the complaint and any other connection to the person with an apparent mental condition and, if known, the name of the nearest known relative.

(b) An emergency detention may only be initiated by a credentialed mental health screener or, if the individual is under the age of 18, by a juvenile mental health screener. An individual may be held on an emergency detention if it reasonably appears to a credentialed mental health screener or juvenile mental health screener that the person is acting in a manner that appears to be dangerous to self or dangerous to others. The credentialed mental health screener or juvenile mental health screener shall verify this finding in writing and complete the Department-approved emergency detention form; this documentation shall include the credentialed mental health screener or juvenile mental health screener’s rationale for the detention, including specific information regarding the alleged mental condition and dangerous behaviors observed. Once the emergency detention form is completed, designated transportation personnel shall be directed by the Department to transport the person to a designated psychiatric treatment facility to for an evaluation. The emergency detention does not start until the person is presented to a designated psychiatric treatment facility.

(c) An emergency detention will result in admission to a designated psychiatric treatment facility for psychiatric observation, assessment, acute treatment, and any recommendations for referral for other services. Any referral for an emergency detention shall include a review of any advance health-care directive as set forth in this title or any other similar agreement relating to the person’s wishes regarding potential hospitalization, care, treatment, and notifications to others if known to the credentialed mental health screener and available for review at the time of such referral.

(d) Individuals under the age of 18 may be emergently detained when the minor’s parent or legal guardian is unwilling to consent to the individual being admitted to a facility voluntarily for assessment or care, or whose parent or legal guardian cannot be identified and located. A psychiatrist designated by the Secretary of the Department of Services for Children, Youth and Their Families may conduct an independent review of a determination that a person under 18 years of age admitted to a designated psychiatric treatment facility or hospital pursuant to an emergency detention is dangerous to self or dangerous to others.

(e) Once an individual is emergently detained in a designated psychiatric treatment facility pursuant to subsection (c) of this section, a psychiatrist shall review all documentation, conduct an examination of the individual, and document the findings of examination within the emergency detention time period both in the person’s medical record and the emergency detention findings form. If the examining psychiatrist finds that the individual with an apparent mental condition is not dangerous to self and is not dangerous to others the psychiatrist shall certify these specific findings in writing and the individual who has been emergently detained shall be discharged from custody forthwith. All documentation required by this section will be recorded and retained in the medical record of that individual and reported to the Delaware Division of Substance Abuse and Mental Health, or if the individual is a minor to the Division of Prevention and Behavioral Health Services, upon the discharge of the individual.

(f) If, at any time, an individual who is emergently detained agrees to go to a designated psychiatric treatment facility for further observation, a voluntary admission will be sought to fulfill the needed evaluation and the emergency detention order will become void. If a physician affiliated with an emergency department has completed an emergency medicine health assessment, as determined solely by such physician, and refers the patient to a credentialed mental health screener or juvenile mental health screener, with or without consultation with a psychiatrist, such a referral constitutes an appropriate discharge plan and after such discharge the physician affiliated with an emergency department will have no further responsibility for the evaluation and disposition of the patient.

(g) In the event that the psychiatrist at a designated psychiatric treatment facility determines that the person who has been emergently detained meets the criteria for further care and treatment and that such required care cannot be provided in an available, less restrictive, more community-integrated setting, such psychiatrist shall immediately initiate the provisional admission process as set forth in § 5005 of this title. Any such determination must be based upon observed and evaluated behavior and, if available, reliable information provided by other sources regarding the person’s mental condition. Any involuntary commitment of said person shall be only to a hospital designated by the Secretary to provide such care and treatment.

(h) A designated psychiatric treatment facility that receives a minor on an emergency detention shall promptly make a reasonable and good-faith effort to contact that person’s parent or legal guardian.

(i) All professional personnel employed by the State or private providers are mandated to disclose any potential or apparent conflicts of interest regarding their participation in the emergency detention of any individual with an apparent mental condition to any psychiatric facility. Such conflicts of interest shall be disclosed on the emergency detention form and may include, but are not limited to, employment by a privately operated psychiatric facility, a personal relationship with the individual being detained or committed involuntarily, a relationship with family or significant others of the individual being detained or committed involuntarily, or being the victim of a crime by the person being detained or committed involuntarily.

(j) No person will be detained or otherwise involuntarily committed to a designated psychiatric treatment facility unless a credentialed mental health screener or juvenile mental health screener determines that such detention or commitment is the least restrictive and most community-integrated means to adequately treat the person that is immediately available.

(k) The Department is authorized to establish regulations consistent with this chapter. These regulations shall include rules regarding the disclosure by credentialed mental health screeners and juvenile mental health screeners of potential conflicts of interest.
16 Del. C. § 804 — Delaware Code / Title 16 / Chapter 8 / Section 804
§ Â
        804. Penalties.
Status: in_force

Whoever being a physician, surgeon, midwife, obstetrician, nurse, parent, relative or person attendant upon or assisting at the birth of any infant, violates this chapter, shall be fined not less than $5.00 nor more than $100.
16 Del. C. § 1221 — Delaware Code / Title 16 / Chapter 12 / Subchapter III / Section 1221
§ Â
        1221. Pelvic, rectal, or prostate examinations.
Status: in_force

(a) A health-care practitioner or a health-care professional may not knowingly perform or supervise the performance of a pelvic, rectal, or prostate examination on a patient who is anesthetized or unconscious unless one of the following applies:

(1) The patient or the person authorized to make health-care decisions for the patient has given informed consent to the examination.

(2) The examination is necessary for diagnostic or treatment purposes.

(3) An emergency exists and it and it is impracticable to obtain consent and the examination is necessary for diagnostic or treatment purposes.

(4) A court of competent jurisdiction orders the performance of the examination for the collection of evidence and such order must be issued in compliance with all of the following provisions:

a. The court must find that there is a compelling need for such examination, which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the need for the examination and the disclosure of the results against the privacy interest of the individual to be examined.

b. Pleadings pertaining to the ordering of the examination shall substitute a pseudonym for the true name of the subject of the examination. The true name shall be communicated confidentially to the court and kept under seal of the court.

(b) A health-care practitioner or health-care professional shall notify the patient as soon as reasonably practical that an examination was performed pursuant to § 1221(a)(3) and (4) of this title.

(c) Any health-care practitioner or health-care professional who violates § 1221(a) of this title is subject to discipline by the appropriate professional licensing board.
16 Del. C. § 4902A — Delaware Code / Title 16 / Chapter 49A / Section 4902A
§ Â
        4902A. Definitions [For application of this section, see 82 Del. Laws, c. 246, Â 5].
Status: repealed

For purposes of this chapter:

(1) “Cardholder” means a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card.

(2) “Commissioner” means as defined in § 1302 of Title 4.

(3) “Compassion center agent” means a principal officer, board member, employee, or agent of a registered compassion center who is 21 years of age or older and has not been convicted of an excluded felony offense or drug misdemeanor within 5 years.

(4) “Department” means the Delaware Department of Safety and Homeland Security or its successor agency.

(5) “Designated caregiver” means a person who:

a. Is at least 21 years of age unless the person is the parent or legal guardian of a minor who is a qualifying patient;

b. Has agreed to assist with a patient’s medical use of marijuana;

c. Has not been convicted of an excluded felony offense; and

d. Assists no more than 5 qualifying patients with their medical use of marijuana.

(6) “Enclosed, locked facility” means a greenhouse, building, or other enclosed area equipped with locks or other security devices that is on a registered compassion center’s property and permits access only to the compassion center agents working for the registered compassion center.

(7) “Excluded felony offense” means:

a. A violent crime defined in § 4201(c) of Title 11, that was classified as a felony in the jurisdiction where the person was convicted; or

b. A violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted, not including:

1. An offense for which the sentence, including any term of probation, incarceration, or supervised release, was completed 10 or more years earlier; or

2. An offense that consisted of conduct for which this chapter would likely have prevented a conviction, but the conduct either occurred prior to July 1, 2011, or was prosecuted by an authority other than the State of Delaware.

(8) “Health-care practitioner” means an individual who is licensed and authorized to write medical orders under Title 24 as a physician, advanced practice registered nurse, or physician assistant, except as otherwise provided in this paragraph. If the qualifying patient is younger than 18 years of age, the health-care practitioner must be a physician who is a pediatric neurologist, pediatric gastroenterologist, pediatric oncologist, pediatric psychiatrist, developmental pediatrician, or pediatric palliative care specialist.

(9) “Intractable epilepsy” means an epileptic seizure disorder for which standard medical treatment does not prevent or significantly ameliorate recurring, uncontrolled seizures or for which standard medical treatment results in harmful side effects.

(10) “Labor organization” means a bona fide labor organization of any kind, including an employee representation committee, group, or association, in which employees participate and which exists and is constituted for the purpose, in whole or in part, of collective bargaining or otherwise dealing with compassion center or safety compliance facility employers concerning grievances, labor disputes, terms or conditions of employment, including wages and rates of pay, or other mutual aid or protection in connection with employment, and is characterized by 1 or more of the following:

a. Being a party to 1 or more executed collective bargaining agreements with medical or personal use marijuana employers, in this State or another state.

b. Having a written constitution or bylaws in the 3 immediately preceding years.

c. Filing the annual financial report required of labor organizations under 29 U.S.C. § 431(b) or having at least 1 audited financial report in the 3 immediately preceding years.

d. Being affiliated with any regional or national association of unions, including state and federal labor councils.

e. Being a member of a national labor organization that has at least 500 general members in a majority of the 50 states of the United States.

(11) “Labor peace agreement” means an agreement between a labor organization and a registered compassion center or registered safety compliance facility employer that, at a minimum, includes all of the following:

a. Prohibits the labor organization and members from engaging in picketing, work stoppages, boycotts, or any other economic interference with the business of the employer.

b. Prohibits the employer from disrupting efforts by the labor organization to communicate with and attempt to organize and represent employees.

c. Provides the labor organization access at reasonable times to areas in which the employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under state law, and terms and conditions of employment.

(12) “Marijuana” has the meaning given that term in § 4701 of this title.

(13) “Medical condition” means 1 or more of the following:

a. Terminal illness, cancer, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, decompensated cirrhosis, amyotrophic lateral sclerosis, agitation of Alzheimer’s disease, post-traumatic stress disorder, intractable epilepsy, seizure disorder, glaucoma, chronic debilitating migraines, new daily persistent headache, or the treatment of these conditions.

b. A chronic or debilitating disease or medical condition or its treatment that produces 1 or more of the following: cachexia or wasting syndrome; severe, debilitating pain that has not responded to previously prescribed medication or surgical measures for more than 3 months or for which other treatment options produced serious side effects; intractable nausea; seizures; severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

c. Any other diagnosed medical condition or disease for which a health-care practitioner determines a patient would receive palliative or therapeutic benefit from the use of medical marijuana.

(14) “Medical marijuana oil” means any of the following:

a. “Cannabidiol oil” which is a processed Cannabis plant extract that contains at least 15% cannabidiol but no more than 7% tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant that contains at least 50 milligrams of cannabidiol per milliliter but not more than 7% tetrahydrocannabinol.

b. “THC-A oil” which is a processed Cannabis plant extract that contains at least 15% tetrahydrocannabinol acid but not more than 7% tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant that contains at least 50 milligrams of tetrahydrocannabinol acid per milliliter but not more than 7% tetrahydrocannabinol.

c. Any change in the oil formulation which is made by the Commissioner.

(15) “Medical use” means the acquisition; administration; delivery; possession; transportation; transfer; transportation; or use of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient’s medical condition or symptoms associated with the patient’s medical condition.

(16) “Physician” means a properly licensed physician subject to Chapter 17 of Title 24 except as otherwise provided in this paragraph. If the qualifying patient is younger than 18 years of age, the physician must be a pediatric neurologist, pediatric gastroenterologist, pediatric oncologist or pediatric palliative care specialist.

(17) “Qualifying patient” means an individual who meets the qualifications to receive a registry identification card under this chapter.

(18) “Registered compassion center” means a not-for-profit entity registered pursuant to § 4914A of this title that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, or dispenses marijuana, paraphernalia, or related supplies and educational materials to registered qualifying patients who have designated the dispenser to cultivate marijuana for their medical use and the registered designated caregivers of these patients.

(19) “Registered safety compliance facility” means a nonprofit entity registered under § 4915A of this title by the Commissioner to provide 1 or more of the following services: testing marijuana produced for medical use or under Chapter 13 of Title 4 for potency and contaminants; and training cardholders, compassion center agents, and owners and employees of entities operating under Chapter 13 of Title 4. The training may include, but need not be limited to, information related to 1 or more of the following:

a. The safe and efficient cultivation, harvesting, packaging, labeling, and distribution of marijuana;

b. Security and inventory accountability procedures; and

c. Up-to-date scientific and medical research findings related to medical marijuana.

(20) “Registry identification card” means a document issued by the Commissioner that identifies a person as 1 of the following:

a. A registered qualifying adult patient.

b. A registered designated caregiver for a qualifying adult patient.

c. A registered designated caregiver for a pediatric patient.

d.-h. [Repealed.]

(21) “Safety compliance facility agent” means a principal officer, board member, employee, or agent of a registered safety compliance facility who is 21 years of age or older and has not been convicted of an excluded felony offense.

(22) “Terminal illness” means any disease, illness or condition sustained by any human being:

a. For which there is no reasonable medical expectation of recovery;

b. Which, as a medical probability, will result in the death of such human being regardless of the use or discontinuance of medical treatment implemented for the purpose of sustaining life or the life processes; and

c. As a result of which, the human being’s health-care practitioner would not be surprised if death were to occur within 12 months.

(23) “Usable marijuana” means the dried leaves and flowers of the marijuana plant and any mixture or preparation of those dried leaves and flowers, including but not limited to tinctures, ointments, other preparations including medical marijuana oil, but does not include the seeds, stalks, and roots of the plant. It does not include the weight of any nonmarijuana ingredients combined with marijuana, such as ingredients added to prepare a topical administration, food, or drink.

(24) “Verification system” means a phone or Web-based system that is available to law-enforcement personnel and compassion center agents on a 24-hour basis for verification of registry identification cards.

(25) “Written certification” means a document dated and signed by a health-care practitioner, stating that in the health-care practitioner’s professional opinion the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient’s medical condition or symptoms associated with the medical condition. A written certification shall be made only in the course of a bona fide health-care practitioner-patient relationship where the qualifying patient is under the health-care practitioner’s care for the patient’s primary care or for the patient’s medical condition after the health-care practitioner has completed an assessment of the qualifying patient’s medical history and current medical condition. The bona fide health-care practitioner-patient relationship may not be limited to authorization for the patient to use medical marijuana or consultation for that purpose. The written certification must specify the qualifying patient’s medical condition, and, if applicable, that the medical condition is a terminal illness.
16 Del. C. § 1116 — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1116
§ Â
        1116. Coordination of enforcement actions with the attorney generalâs office.
Status: in_force

(a) The Department and the Attorney General shall work in close cooperation throughout any legal proceeding initiated by the Department to enforce this chapter and the regulations promulgated under it.

(b) The Secretary of the Department or the Secretary’s designee must be fully consulted before concluding any settlement agreement to a lawsuit brought under this chapter or any other law relating to the health and safety of residents in long-term care facilities.
16 Del. C. § 905 — Delaware Code / Title 16 / Chapter 9 / Subchapter I / Section 905
§ Â
        905. Telephone reports, Child Protection Registry and information.
Status: in_force

(a) The Department shall establish and maintain a 24-hour statewide toll-free telephone report line operating at all times and capable of receiving all reports of alleged abuse and neglect of a child.

(b) The Department shall maintain a Child Protection Registry and an internal information system. The Department shall keep unsubstantiated reports in the internal information system.

(c) Every report of child abuse, neglect, or suspected human trafficking made to the Department shall be entered in the Department’s internal information system.

(d) Upon receipt of a report on any multidisciplinary case, the Department shall notify the appropriate law-enforcement agency and shall provide a detailed description of the report received. Notwithstanding any provision of the Delaware Code to the contrary, to the extent the law-enforcement agency with primary jurisdiction over the case is unable to assist, the primary law-enforcement agency may request another law-enforcement agency with jurisdiction to exercise such jurisdiction. Upon request, the other law-enforcement agency may exercise such jurisdiction.

(e) All persons who are licensed through the Delaware Division of Professional Regulation and the Department of Education who report child abuse, neglect, or suspected human trafficking under § 903 of this title must provide their name and address upon making the report. While other reporters may remain anonymous, the Department shall in all cases, after obtaining relevant information regarding alleged abuse, neglect, or suspected human trafficking request the name and address of any person making a report.

(f) Upon receipt of a report, the Department shall immediately communicate such report to its appropriate staff, after a check has been made with the internal information system to determine whether previous reports have been made regarding actual or suspected abuse or neglect of the subject child, or any reports regarding any siblings, family members, or the alleged perpetrator, and such information as may be contained from such previous reports. Such relevant information as may be contained in the internal information system must also be forwarded to the appropriate Department staff.

(g) Upon receipt of a report of death, serious physical injury, sexual abuse, suspected human trafficking of a child, or any other report requested by the Investigation Coordinator, the Department shall notify the Investigation Coordinator of the report, in sufficient detail to permit the Investigation Coordinator to undertake the Investigation Coordinator’s duties, as specified in § 906 of this title.
16 Del. C. § 4910A — Delaware Code / Title 16 / Chapter 49A / Section 4910A
§ Â
        4910A. Denial of registry identification cards [For application of this section, see 82 Del. Laws, c. 213, Â 7].
Status: repealed

(a) The Commissioner shall deny an application or renewal of a qualifying patient’s registry identification card only if the applicant:

(1) Did not provide the required information and materials;

(2) Previously had a registry identification card revoked; or

(3) Provided false or falsified information.

(b) The Commissioner shall deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if:

(1) The designated caregiver does not meet the requirements of § 4902A(5) of this title;

(2) The applicant did not provide the information required;

(3) The designated caregiver previously had a registry identification card revoked; or

(4) The applicant or the designated caregiver provides false or falsified information.

(c) A prospective designated caregiver shall obtain a background check in compliance with § 4927A of this title to enable the Commissioner to comply with subsection (b) of this section. Once a prospective designated caregiver has been granted a registry identification card, the designated caregiver must obtain a background check in compliance with § 4927A of this title every 3 years.

(d) The Commissioner shall notify the qualifying patient who has designated someone to serve as the qualifying patient's designated caregiver if a registry identification card will not be issued to the designated caregiver.

(e) (1) Denial of an application or renewal is considered a final Commissioner action.

(2) A denial of an application or renewal for a registry identification card for a registered qualifying patient, pediatric patient, or registered designated caregiver is subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court.

(3) [Repealed].
16 Del. C. § 7405B — Delaware Code / Title 16 / Chapter 74B / Section 7405B
§ Â
        7405B. Activity in dangerous proximity to high voltage overhead lines; clearance arrangements, procedures, notice.
Status: in_force

If any person intends to carry on any function, activity, work or operation within dangerous proximity of any high voltage overhead line, the person responsible for performing the function, activity, operation or work shall promptly notify the public utility operating the high voltage line. The person may perform such task only after mutually agreeable measures to prevent contact with the applicable high voltage line or lines (“preventive measures”) have been established and the public utility has given written approval to take such measures and perform the task. Thereafter, such work shall be performed only in accordance with the restrictions or conditions described in such written approval. Such preventive measures may include, but may not be limited to:

(1) Coordination of the work and construction schedules between the utility and the person responsible for performing the work;

(2) The placement of temporary mechanical barriers to separate and prevent contact between material, equipment and/or persons and the high voltage line;

(3) Temporary de-energization and grounding the high voltage lines; and/or

(4) Temporary relocation or raising of the high voltage overhead lines.

At the sole discretion of the utility, costs incurred in devising and implementing such preventive measures shall be borne by the person responsible for performing the work in dangerous proximity to the high voltage overhead line.
16 Del. C. § 3019F — Delaware Code / Title 16 / Chapter 30F / Subchapter II / Section 3019F
§ Â
        3019F. Veterinarian participation.
Status: repealed

(a) Any veterinarian licensed in the State of Delaware may participate in the Program established under this chapter. To participate, a veterinarian must file an application provided by the Department agreeing to all preset fees and program conditions. Preset fees shall be set by the Department, and shall be subject to revision as necessary.

(b) The Department shall reimburse the veterinarians for services on a monthly basis. The preset fee shall cover the cost of a presurgical medical evaluation, spay/neuter surgery, rabies vaccination, and routine postsurgical care required by the servicing veterinarian’s postoperative protocol. The owner/caretaker shall be responsible for the payment of any additional fees for procedures mutually agreed upon and administered by the veterinarian that are not covered under this Program.

(c) To receive reimbursement, the participating veterinarian shall provide documentation or other verification for procedures performed to the Department.

(d)-(f) [Repealed.]
16 Del. C. § 2612 — Delaware Code / Title 16 / Chapter 26 / Section 2612
§ Â
        2612. Remediation and abatement duties of Delaware State Lead-Based Paint Program [For implementation of this section, see 85 Del. Laws, c. 98, Â 5(1)].
Status: in_force

(a) Within 10 days of receiving the information under § 2611 of this title, the Program shall do all of the following:

(1) Inform a parent or guardian of a child with an elevated blood lead level of the child’s elevated lead blood level, lead-based paint assessment, abatement or remediation efforts that may be undertaken under this chapter, and recommendations with respect to medical treatment of the child.

(2) Cause a contractor who is qualified under Delaware state regulations to conduct a lead risk assessment of a lead-exposure site that was constructed before January 1, 1979. The lead risk assessment must meet the lead-exposure paint inspection and lead hazard screen standards established under 24 C.F.R. § 35.110, must include paint testing and dust sampling and analysis as described under 40 C.F.R. § 745.227(c) and (d), and must, where indicated, include soil sampling and analysis as described under 40 C.F.R. § 745.227(d).

(3) If the lead risk assessment under paragraph (a)(2) of this section indicates the presence of a lead-based paint hazard, as defined at 40 C.F.R. § 745.65, inform the owner of the lead-exposure site that lead-based paint abatement or remediation efforts, to be funded by the State except under subsection (b) of this section, may be undertaken, and that the owner of the lead-exposure site is required to take all steps necessary to make the property accessible and available to individuals conducting lead-based paint abatement or remediation work for the Program.

a. The owner of the lead-exposure site shall take all steps enumerated by the Program to make the property accessible and available.

b. The Program shall keep records of all identified lead-exposure sites where a lead risk assessment indicates the presence of a lead-based paint hazard and of any remediation or abatement activities initiated by the Program.

c. The annual report required under § 2606 of this title must include information on the number of lead-exposure sites with identified lead-based paint hazards that have been, and have not been, the subject of lead-based paint remediation or abatement efforts.

(4) Provide adequate advance notice to a resident of a lead-exposure site that the lead-exposure site is uninhabitable due to lead-based paint abatement or remediation efforts by the Program.

(5) Provide reasonable alternative lodging for a resident of a lead-exposure site when the lead-exposure site is uninhabitable due to lead-based paint abatement or remediation efforts by the Program. Alternative lodging must be sufficient to ensure that the resident does not suffer disproportionate injuries because of displacement. The Program shall pay the resident’s cost for meals and transportation during displacement.

(6) Assume all costs associated with abating or remediating any lead-based paint hazard in a lead-exposure site being abated or remediated by the program under paragraph (a)(3) of this section.

(b) The failure of an owner of a lead-exposure site to comply with the deadlines established by the Program under paragraph (a)(3) of this section constitutes a criminal nuisance which adversely impacts the community under § 7111 of Title 10. A finding by a court of competent jurisdiction that a failure to comply with the deadlines established by the Program under paragraph (a)(3) of this section has resulted in a criminal nuisance results in the owner’s forfeiture of the owner’s right to state-funded abatement or remediation under this section and in the owner’s assumption of the cost of abatement or remediation unless the court specifically orders otherwise.

(c) All lead-based paint abatement or remediation work conducted under this section must be performed by a contractor who has been certified by the State to perform the abatement or remediation and must be awarded under a competitive bid process overseen by the Program. A contractor may submit bids to perform lead-based paint abatement or remediation work under this section before the contractor’s certification on commitment to be certified before the performance of any abatement or remediation work. The Program may not pay a contractor for lead-based paint abatement or remediation work unless the contract is certified as required by this subsection.

(d) Competitive bid invitations issued by the Program for lead-based paint abatement or remediation must contain all of the following:

(1) Provisions requiring verification by bidders of procedures to be used for risk assessment.

(2) Provisions requiring verification by bidders of procedures to be specified by the Program to limit the generation of lead dust, contain lead dust within work areas, conduct daily and final cleanings, and perform clearance testing.

(3) Provisions requiring verification by bidders of procedures regarding treatment of exteriors, including siding and carpentry repairs, porch repairs, and garage repairs.

(4) Provisions requiring verification by bidders regarding the testing and treatment of soil.

(5) Provisions requiring verification by bidders of procedures regarding interior treatment, including initial and daily cleaning; repairs and component replacements; paint stabilization treatment of windows, doors, stairs, walls, ceilings, hard surface and basement floors, and radiators; and final cleaning.

(6) Provisions specifically providing for the safety of workers performing lead-based paint abatement or remediation work, including free blood testing for workers performing abatement or remediation work at least every 3 months.

(e) (1) A county or municipal government entity notified by the Program that a property is designated as a lead-exposure site and is to have lead-based paint abated or remediated shall grant priority status to any approvals needed by any applicant for any abatement or remediation work that must be performed.

(2) A contractor whose request for project approval is not approved or denied within 30 days by the county or municipal government entity shall report the delay to the Program.

(3) The Program shall make a public report by January 1 of each calendar year to the Governor and General Assembly of each delay reported under paragraph (e)(2) of this section.

(f) (1) The owner of any multi-unit property or property that has been rented to a third party in the year before notification under paragraph (a)(3) of this section, for which abatement or remediation work has been performed at State expense under this chapter, is prohibited from increasing the rental fee assessed to any tenant on that property for 3 years from the date of notification under paragraph (a)(4) of this section.

(2) The owner may pay the Program’s estimated cost of abatement or remediation, including estimated costs associated with paragraph (a)(5) of this section, within 30 days of notification by the Program of that estimated cost.

(3) If the owner remits the payment under paragraph (f)(2) of this section to the Program within 30 days of notification, the prohibition on rental fee increases under paragraph (f)(1) of this section does not apply to the owner.
16 Del. C. § 6002 — Delaware Code / Title 16 / Chapter 60 / Section 6002
§ Â
        6002. Commingling of funds.
Status: in_force

Any institution which has funds belonging to any patient of the institution, or deposited for the benefit of any patient, may commingle the funds by depositing them with the State Treasurer in an interest bearing account to be invested relatively free of risk on behalf of the beneficiaries according to the State’s Cash Management Policy. For the purpose of account reporting, an institution shall maintain supporting records that show the share each patient has in the account.
16 Del. C. § 1014 — Delaware Code / Title 16 / Chapter 10 / Subchapter I / Section 1014
§ Â
        1014. Hospital visitation policy.
Status: in_force

(a) Each hospital shall include in its visitation policy a provision allowing each competent adult patient to receive visits from any individual from whom a patient desires to receive visits, subject to restrictions contained in the visitation policy related to a patient’s medical condition, the number of visitors simultaneously permitted in a patient’s room, and the hospital’s visitation hours, as well as protective orders issued by a court.

(b) The duties and rights conferred by this section are in addition to, and not in derogation of, duties and rights otherwise conferred by law, including §§ 2521 and 5161 of this title.

(c) Nothing in this chapter shall preclude a hospital from restricting visitations due to:

(1) Attempts to interfere with patient care; or

(2) The presentation of a threat to staff, patients or hospital personnel; or

(3) Actions disruptive to hospital operations; or

(4) Pandemic or infectious disease outbreak.

(d) Except as provided in subsection (c) of this section, nothing in this section shall be read to overrule any decision of the Delaware Department of Correction.
16 Del. C. § 1046 — Delaware Code / Title 16 / Chapter 10 / Subchapter III / Section 1046
§ Â
        1046. Regulatory authority [For application of this section, see 84 Del. Laws, c. 476, Â 4].
Status: in_force

The Department may adopt regulations to implement, administer, and enforce this subchapter.
16 Del. C. § 3164 — Delaware Code / Title 16 / Chapter 31 / Subchapter III / Section 3164
§ Â
        3164. Cremation or natural organic reduction in this State when death occurred elsewhere [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

The cremation or natural organic reduction in this State of the body of an individual who has died in another state is permissible if all the legal requirements of the state in which the death occurred have first been complied with.
16 Del. C. § 1803 — Delaware Code / Title 16 / Chapter 18 / Section 1803
§ Â
        1803. Amount of aid; limitation.
Status: in_force

A qualified agency proceeding with the planning of solid waste collection and disposal systems and applying for aid under this chapter shall receive state aid funds appropriated pursuant to the purposes and provisions of this chapter in an amount not to exceed 75% of the cost of the planning of the solid waste collection and disposal system. If federal funds are received, the sum of state and federal grants-in-aid shall not exceed 75% of the cost of the planning of the solid waste collection and disposal system.
16 Del. C. § 9208 — Delaware Code / Title 16 / Chapter 92 / Section 9208
§ Â
        9208. Title to projects.
Status: in_force

When the principal of and interest on bonds of the Authority issued to finance the cost of a particular project or projects for 1 or more participating facilities, including any refunding bonds issued to refund and refinance such bonds, have been fully paid and retired or when adequate provisions have been made to fully pay and retire the same, and all other conditions of the resolution or trust agreement authorizing and securing the same have been satisfied and the lien of such resolution or trust agreement has been released in accordance with the provisions thereof, the Authority shall promptly do such things and execute such deeds and conveyances as are necessary and required to convey title to such project or projects to such participating facility or facilities, all to the extent that title to such project or projects is not, at the time, vested in such participating facility or facilities.
16 Del. C. § 7925 — Delaware Code / Title 16 / Chapter 79 / Section 7925
§ Â
        7925. Connections with refrigerators.
Status: in_force

Refrigerators, ice boxes or receptacles for storing food shall not be connected directly with the drainage system.
16 Del. C. § 6904 — Delaware Code / Title 16 / Chapter 69 / Section 6904
§ Â
        6904. Confiscation of illegally stored fireworks or explosives.
Status: in_force

The State Fire Marshal shall confiscate all fireworks or explosives illegally stored within the State.
16 Del. C. § 3005M — Delaware Code / Title 16 / Chapter 30M / Section 3005M
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        3005M. Effective date.
Status: in_force

The prohibition in this chapter for any new use or application of lead-based paints, pigments, and coatings shall become effective January 1, 2020. The prohibition in this chapter for any use or application of lead-based paints, pigments, and coatings that occurred prior to January 1, 2020, shall become effective on January 1, 2024.
16 Del. C. § 3055F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3055F
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        3055F. Penalties; fines.
Status: in_force

Unless otherwise specifically provided in this subchapter, whoever violates this subchapter shall be subject to the fines provided for in § 107(a) of this title and such fines are payable to the Department.
16 Del. C. § 4799C — Delaware Code / Title 16 / Chapter 47 / Subchapter VIII / Section 4799C
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        4799C. Powers and duties.
Status: in_force

(a) The Commission shall investigate and review the facts and circumstances of overdose deaths that occur in Delaware. The review of deaths involving criminal investigations will be delayed until the later of the conclusion of such investigation, or the adjudication of related criminal charges, if any. The Commission shall make recommendations to the Governor and General Assembly, at least annually, regarding those practices or conditions which impact the frequency of overdose deaths and steps that can be taken to reduce the frequency of such overdose deaths. All recommendations made under this subsection must comply with applicable state and federal confidentiality provisions, including those enumerated under § 4799D of this title. Notwithstanding any provision of this subchapter to the contrary, no recommendation may specifically identify any individual or any nongovernmental agency, organization, or entity.

(b) Reviews conducted by the Commission and regional review teams shall in all cases include a review of the medical records of the deceased.

(c) In connection with any review, the Commission and regional review teams shall have the power and authority to:

(1) Administer oaths; and

(2) Compel the attendance of witnesses whose testimony is related to the overdose death under review and the production of any records related to the death or pertinent to the Commission’s investigation, through the use of process issued by the Department of Justice pursuant to § 2508 of Title 29.

(d) Notwithstanding any provision of this subchapter to the contrary, no person identified by the Department of Justice as a potential witness in any criminal prosecution arising from an overdose death shall be questioned, deposed or interviewed by or for the Commission in connection with its investigation and review of such death until the completion of such prosecution.
16 Del. C. § 7120 — Delaware Code / Title 16 / Chapter 71A / Section 7120
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        7120. Enforcement and penalties.
Status: in_force

(a) A manufacturer, wholesale dealer, agent or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of § 7117 of this title shall be subject to a civil penalty not to exceed $100 for each pack of such cigarettes sold or offered for sale provided that in no case shall the penalty against any such person or entity exceed $100,000 during any 30-day period.

(b) A retail dealer who knowingly sells or offers to sell cigarettes in violation of § 7117 of this title shall be subject to a civil penalty not to exceed $100 for each pack of such cigarettes sold or offered for sale provided that in no case shall the penalty against any retail dealer exceed $25,000 during any 30-day period.

(c) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to § 7118 of this title shall be subject to a civil penalty of at least $75,000, and not to exceed $250,000 for each such false certification.

(d) Any person violating any other provision in this chapter shall be subject to a civil penalty for a first offense not to exceed $1,000, and for a subsequent offense subject to a civil penalty not to exceed $5,000, for each such violation.

(e) Any cigarettes that have been sold or offered for sale that do not comply with the performance standard required by § 7117 of this title shall be subject to forfeiture. Cigarettes forfeited pursuant to this section shall be destroyed; provided, however, that prior to the destruction of any cigarette forfeited pursuant to these provisions, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette.

(f) The State Fire Prevention Commission is authorized to promulgate regulations as necessary to implement and administer this law.

(g) The State Fire Prevention Commission may, in consultation with the State Fire Marshal, Director of the Division of Revenue and/or the Attorney General, promulgate regulations to conduct random inspections of wholesale dealers, agents, and retail dealers to ensure that only cigarettes complying with this chapter are sold in the State.

(h) In addition to any other remedy provided by the law, the Attorney General may file an action in state court for a violation of this chapter, including petitioning for injunctive relief or to recover any costs or damages suffered by the State government because of a violation of this section, including enforcement costs relating to the specific isolation and attorney’s fees. In any such action, the Attorney General shall have the same authority to investigate and to obtain remedies if the action were brought (under authorizing statutes and authorities). Each violation of this chapter or of the rules adopted under this section constitutes a separate civil violation for which the Attorney General may obtain relief.

(i) Whenever any law-enforcement personnel or duly authorized representative of the State Fire Marshal shall discover any cigarettes that have not been marked in the manner required by § 7119 of this title, such personnel is hereby authorized and empowered to seize and take possession of such cigarettes. Such cigarettes shall be turned over to the Department of Finance, and shall be forfeited to the State. Cigarettes seized pursuant to this section shall be destroyed; provided, however, that prior to the destruction of any cigarette seized pursuant to these provisions, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarette.

(j) The State Fire Marshall is authorized to enforce this chapter as necessary to implement and administer this law.
16 Del. C. § 5008 — Delaware Code / Title 16 / Chapter 50 / Section 5008
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        5008. Probable cause complaint.
Status: in_force

(a) If an involuntary patient has not been discharged by the hospital by the end of the 48-hour provisional admission period, the hospital shall file a verified complaint for involuntary civil commitment in the Superior Court or in the Family Court if the involuntary patient would otherwise be amenable to Family Court jurisdiction under other provisions of law. The complaint shall set forth in detail facts to show that the hospital, as petitioner, reasonably and in good faith believes that the involuntary patient (who shall be named as respondent) is a person who meets the standard for involuntary inpatient commitment set forth in § 5011 of this title, and who should be continued as a patient at the hospital pursuant to this chapter until the patient is determined no longer to meet the criteria for involuntary inpatient hospitalization. The complaint shall also aver that the involuntary patient has been advised of the patient’s rights under this chapter. Copies of the emergency detention certificate and the provisional admission certificate shall be attached to the complaint. A notarized affidavit indicating that a hospital official has reviewed each complaint shall be filed, with the original copy sent to the court to be maintained in the patient’s file.

(b) The hospital’s affidavit filed with the complaint shall indicate whether the involuntary patient is able to afford counsel and whether the patient requested an independent psychiatric witness.
16 Del. C. § 9605 — Delaware Code / Title 16 / Chapter 96 / Section 9605
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        9605. Procurement requirements for the State.
Status: repealed

(a) If any agency of this State intends to procure a product or service on the procurement list published by Government Support Services under § 9604 of this title, that agency shall, in accordance with Commission rules and regulations, procure such product or service from a CNA or CRP at the price established by the Commission. If the product or service is available within the period required by that agency, such procurement is mandatory. This chapter, however, does not apply in any case where products or services are available for procurement from any agency of this State and procurement therefrom is required under any statute, rule, or regulation.

(b) [Repealed.]

(c) In furthering the purposes of this chapter, and in contributing to economy of government, it is the intent of the General Assembly that there be close cooperation between the Commission and any agency of this State from which procurement of products or services is required under any state law. The Commission and any such agency are authorized to enter into such contractual agreements, cooperative working relationships, or other arrangements as may be necessary for effective coordination and efficient realization of the objectives of this chapter and any other law requiring procurement of products or services from any agency of this State.
16 Del. C. § 3104 — Delaware Code / Title 16 / Chapter 31 / Subchapter I / Section 3104
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        3104. Central Office of Vital Statistics.
Status: in_force

(a) There is hereby established within the Division of Public Health an Office of Vital Statistics which shall install, maintain and operate the only system of vital statistics throughout this State.

(b) The Office of Vital Statistics shall have branch offices in each county. The Department shall designate 1 such branch as the central Office of Vital Statistics, and this branch shall be responsible for the supervision of the operation of the other vital statistics offices throughout this State.