16 Del. C. § 2211 — Delaware Code / Title 16 / Chapter 22 / Section 2211
§ Â
        2211. Involuntary treatment.
Status: in_force

(a) A person in need of treatment shall be involuntarily admitted to a licensed residential treatment facility or outpatient treatment program upon a written request for involuntary treatment that provides a factual basis for the request by anyone with knowledge that an individual may be a person in need of treatment and the written certification by a physician that the individual is a person in need of treatment as provided for in this chapter. The request for involuntary treatment shall concisely provide the observations, circumstances and knowledge of the requestor regarding the requestor’s belief that a particular individual is in need of treatment. The request shall also contain the written certificate of a physician stating that the physician has reviewed the request and examined the patient and concluded that in the physician’s medical opinion the particular individual is a person in need of treatment and is either incapable of or unwilling to consent to treatment. If the individual is incapable of consenting to treatment, the certificate shall state with particularity the physician’s findings regarding why the individual is incapable of providing voluntary informed consent to treatment. The refusal to undergo treatment does not in itself constitute evidence of lack of judgment as to the need for treatment.

(b) Any peace officer or designated transport personnel may lawfully transport an individual whom they reasonably believe is a person in need of treatment without the consent of said individual, to or from a hospital, physician’s office or licensed treatment facility for the purpose of carrying out this section.

(c) Upon admission of the person in need of treatment, the facility shall evaluate and treat the individual as medically necessary and appropriate for a period not to exceed 2 working days.

(d) The State Treasurer shall pay sheriffs and deputy sheriffs for service as peace officers under this section at the rate of the state’s mileage reimbursement amount for each mile necessarily traveled and a custody fee of $25 for the first peace officer and $15 for each additional peace officer, and shall pay medical doctors for services under this section $15 for each case, unless the medical doctor is reimbursed under another public or private plan.

(e) The administrator in charge of a licensed treatment facility shall refuse an application if the request for treatment or physician’s certificate fails to meet the requirements of this section.
16 Del. C. § 1132 — Delaware Code / Title 16 / Chapter 11 / Subchapter III / Section 1132
§ Â
        1132. Reporting requirements.
Status: in_force

(a) (1) Any employee of a facility or person who provides services to a patient or resident on a regular or intermittent basis who has reasonable cause to believe that a patient or resident in a facility has been abused, neglected, mistreated, or financially exploited or has been the victim of medication diversion shall immediately report the abuse, neglect, mistreatment, financial exploitation, or medication diversion to the Department by oral communication. The employee or person providing services to a patient or resident shall file a written report within 48 hours after the employee or person providing services to a patient or resident first gains knowledge of the abuse, neglect, mistreatment, financial exploitation, or medication diversion.

(2) In addition to the persons required to report abuse, neglect, mistreatment, financial exploitation, or medication diversion under paragraph (a)(1) of this section, any other person, including a patient or resident, may contact the Department to report any complaint concerning the health, safety, and welfare of patients or residents.

(3) The Department shall inform a person making a report under paragraph (a)(1) or (a)(2) of this section of the person’s right to obtain information concerning the disposition of the report. The person must receive, if requested, information on the general disposition of the report at the conclusion of the investigation.

(4) If the Department does not have jurisdiction over the report, the Department shall so advise the person making the report under paragraph (a)(1) or (a)(2) of this section and shall promptly refer the person to the appropriate agency.

(b) Any person required by subsection (a) or (c) of this section to make an oral and a written report who fails to do so is to be fined not more than $1,000 or imprisoned not more than 15 days, or both.

(c) In addition to those persons subject to subsection (a) of this section, any other person shall make a report if the person has reasonable cause to believe that a patient or resident has been abused, neglected, mistreated, or financially exploited, or has been the victim of medication diversion. A report under this subsection is confidential and the reporting person cannot be compelled to do either of the following:

(1) Notify the facility, care provider, or individual implicated in the event.

(2) Provide information regarding the reported abuse, neglect, mistreatment, financial exploitation, or medication diversion to the facility, care provider, or individual implicated in the event.

(d) Any person who intentionally makes a false report under this subchapter is guilty of a class A misdemeanor.

(e) Any correspondence or other written communication from a patient or resident to the Department, the Attorney General’s office, the protection and advocacy agency, or a law-enforcement agency must, if delivered to or received by a facility, be promptly forwarded, unopened, by the facility to the agency to which it is written. Violation of this subsection is punishable by a civil penalty not to exceed $1,000 per violation.

(f) Any correspondence or other written communication from the Department, the Attorney General’s office, the protection and advocacy agency, or a law-enforcement agency to a patient or resident must, if delivered to or received by a facility, be promptly forwarded, unopened, by the facility to the patient or resident. Violation of this subsection is punishable by a civil penalty not to exceed $1,000 per violation.
16 Del. C. § 5182 — Delaware Code / Title 16 / Chapter 51 / Subchapter VII / Section 5182
§ Â
        5182. Community mental health patientsâ rights.
Status: in_force

It is the intent of the General Assembly and purpose of this section to promote the interests and well being of residential and nonresidential mental health patients of treatment facilities. It is declared to be the public policy of this State that the interests of the patient shall be protected by a declaration of a patient’s rights and by requiring that all facilities treat their patients in accordance with the following minimum rights:

(1) Every patient shall have the right to receive considerate, respectful and appropriate care, treatment and services in compliance with relevant federal and state laws and regulations, recognizing each person’s basic personal and property rights, which include dignity and individuality.

(2) Upon request at the time of admission, and at mutually agreeable intervals thereafter, the facility shall provide each patient or patient’s representative a written statement of facility services and net charges not covered by insurance or public benefits programs for which patient payment is expected. Such statements shall be provided in a format and language comprehensible to the ordinary layperson.

(3) Each patient or patient’s representative shall receive from the attending or resident physician or staff of the facility complete and current information concerning the patient’s diagnosis, treatment and prognosis in terms and language the patient or representative can reasonably be expected to understand. The patient or patient’s representative shall participate in the planning of the patient’s medical treatment, including attendance at treatment plan meetings, shall be informed of the medical consequences of all medication and treatment alternatives, and shall give prior written informed consent to participation in any experimental research after a complete disclosure of the goals, possible effects on the patient and whether or not the patient can expect any benefits or alleviation of the patient’s condition.

(4) Upon request, the facility shall provide the name, address and telephone number of the primary staff person or physician responsible for the patient’s care.

(5) Each patient or patient’s representative shall receive respect and privacy in the patient’s own medical care program. Case discussion, consultation, examination and treatment shall be confidential and shall be conducted discreetly. In the patient or patient’s representative’s discretion, persons not directly involved or participating in the patient’s care shall not be permitted to be present during such discussions, consultations, examinations or treatment except with the consent of the patient or patient’s representative. Personal and medical records shall be treated confidentially and shall not be made public without the consent of the patient or patient’s representative, except such records as are needed for a patient’s transfer to another health-care institution or as required by law or third-party payment contract.

(6) Every patient shall be free from chemical and physical restraints imposed for purposes of discipline and convenience and not necessary to treat the patient’s medical condition.

(7) Every patient or patient’s representative shall receive from the administrator or staff of the facility a courteous, timely and reasonable response to requests and the facility shall make prompt efforts to resolve grievances. Responses to requests and grievances shall be made in writing upon written request by the patient or patient’s representative.

(8) Upon request, every patient or patient’s representative shall be provided with information as to any relationship the facility has with other health-care and related institutions and/or service providers, including, but not limited to, pharmacy and rehabilitation services, to the extent the patient is offered care and/or services from these related entities. Such information shall be provided in writing upon admission and thereafter when additional services are offered.

(9) Upon request, every patient shall receive reasonable continuity of care.

(10) Within residential treatment facilities, every patient or patient’s representative may send and shall receive mail promptly, and shall have access at any reasonable hour to a telephone where the patient may speak privately, and shall have access to writing instruments, stationary and postage when applicable.

(11) Each patient has the right to manage personal financial affairs. If a facility determines that a patient lacks the capacity to exercise this right, and no patient representative can be identified as provided in § 5183 of this title, the facility shall consult the Department to assess available options, including enrollment in money management or bill payment programs. Nothing in this section shall preclude a facility from serving as a representative payee through designation of a public agency or written authorization by a patient or patient’s representative.

(12) Every patient or patient’s representative has the right, personally or through other persons or in combination with others, to exercise the patient’s rights; to present grievances; to recommend changes in facility policies or services on behalf of the patient or others; to present complaints or petitions to the facility’s staff or administrator, to the Department of Health and Social Services, and, if the patient is a minor under the age of 18, to the Department of Services for Children, Youth and Their Families, or to other persons or groups without fear of reprisal, restraint, interference, coercion or discrimination.

(13) A patient or patient’s representative shall not be required to perform services for the facility.

(14) Every patient or patient’s representative shall have the right to inspect all records pertaining to that patient upon oral or written request. If a patient or patient’s representative requests records to assist with preparation of any court hearing under this chapter, such records will be supplied on an expeditious basis.

(15) All patients shall be fully informed, in language they can understand, of their rights and all rules and regulations governing patient conduct and their responsibilities during the stay at the facility. Every patient shall be directed to a prominent place within the facility where a listing of the patient’s rights is posted. The facility shall guarantee that a current list of patient rights is always posted in a highly visible and accessible place.

(16) Every patient shall have the right to receive information from agencies acting as client advocates, including the protection and advocacy agency, and be afforded the opportunity to contact those agencies without reprisal.

(17) Every patient shall be free from verbal, physical or mental abuse, cruel and unusual punishment, involuntary seclusion, withholding of monetary allowance, withholding of food and deprivation of sleep.

(18) Every patient has the right to participate in an ongoing program of activities designed to meet, in accordance with personal assessments and plan of care, the patient’s interests and physical, mental and psychosocial well being.

(19) Every patient shall have the right to participate in social, religious and community activities that do not interfere with the patient’s treatment plan or the rights of other patients.

(20) Every patient eligible to vote under Delaware law shall be entitled to vote in primary and general elections. The facility shall offer affirmative assistance to enable patients to exercise voting rights, including assistance in accessing voter registration forms and applications for absentee ballots.

(21) Every patient shall have the right to request and receive the names and positions of staff members providing care to the patient.

(22) Every patient shall have the right to request and receive an organizational chart outlining the facility’s chain of command for purposes of making requests and asserting grievances.

(23) A patient’s care and treatment shall be provided in a setting and under conditions which restrict the patient’s personal liberty only to the extent required by the patient’s treatment needs, applicable law and judicial orders.

(24) The rights described in this subchapter are in addition to, and not in derogation of, any other constitutional, statutory or regulatory rights. Nothing in this subchapter shall be construed to limit patient enforcement of rights through a complaint to an administrative agency or court of competent jurisdiction.
16 Del. C. § 2101 — Delaware Code / Title 16 / Chapter 21 / Section 2101
§ Â
        2101. Definitions.
Status: in_force

As used in this chapter, unless the context requires a different meaning:

(1) “Bedding” shall mean any mattress, mattress pad, mattress protector pad, box spring, upholstered spring, upholstered bed, davenport, upholstered sofa bed, quilted pad, comforter, bolster, cushion, pillow, featherbed, sleeping bag or any other bag, case or cover made of leather, textile or other material which is stuffed or filled in whole or in part with concealed material, which is intended for use by any human being for sleeping or reclining purposes.

(2) “Comfortable” means any cover, quilt or quilted article made of cotton or other textile material and stuffed or filled with fiber, cotton, wool, hair, jute, feathers, feather down, kapok or other soft material.

(3) “Mattress” means any quilted pad, mattress, mattress pad, mattress protector, bunk, quilt or box spring stuffed or filled with excelsior, straw, hay, grass, cornhusks, moss, fiber, cotton, wool, hair, jute, kapok or other soft material, to be used on a couch or other bed for sleeping purposes.

(4) “New” means any material or article which has not been previously manufactured or used for any purpose.

(5) “Pillows,” “bolster,” or “featherbed,” mean any bag, case or covering made of cotton or other textile material, and stuffed or filled with excelsior, straw, hay, grass, cornhusks, moss, fiber, cotton, wool, hair, jute, feathers, feather down, kapok or other soft material to be used on a bed or other article for sleeping purposes.

(6) “Secondhand” means any material or article of which prior use has been made.

(7) “Shoddy” means any material which has been spun into yarn, knit or woven into fabric and subsequently cut up, torn up, broken up or ground up.
16 Del. C. § 6901 — Delaware Code / Title 16 / Chapter 69 / Section 6901
§ Â
        6901. Selling or possessing fireworks; exceptions.
Status: in_force

(a) A person may not store, sell, offer or expose for sale, or have in possession with intent to sell or to use, discharge or cause to be discharged, ignited, fired, or otherwise set in action within this State, any fireworks, firecrackers, rockets, torpedoes, Roman candles, fire balloons, or other fireworks or substances of any combination designed or intended for pyrotechnic display; except after having obtained a permit pursuant to § 6903 of this title, except for agricultural use pursuant to § 6906 of this title, and except pursuant to subsection (c) of this section. This section does not apply to any person established and manufacturing fireworks of any or all kinds in this State on September 5, 1939.

(b) The term “fireworks,” as used in this chapter, includes any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation and includes blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any caps or tablets or other device containing any explosive substance.

(c) The term “fireworks” does not include toy pistols, toy canes, toy guns, or other devices in which paper caps manufactured in accordance with the United States Interstate Commerce Commission regulations for packing and shipping of toy paper caps are used and toy pistol paper caps manufactured as provided therein; wood stick or wire sparklers which produce a shower of sparks upon ignition and which consist of wire or stick coated with not more than 100 grams of pyrotechnic mixture per item; other hand-held or ground-based sparkling devices which are nonexplosive and nonaerial, which sometimes produce a crackling or whistling effect, and which contain 75 grams or less of pyrotechnic mixture per tube or a total of 500 grams or less for multiple tubes; snakes, glow worms, and smoke devices which contain 20 grams or less of pyrotechnic mixture; or trick noisemakers, which include party poppers, snappers, and drop pops, each containing 16 milligrams or less of pyrotechnic mixture. The sale and use, except as provided in subsection (d) of this section, of these exceptions to the term “fireworks” are permitted at all times.

(d) The sale of wood stick or wire sparklers which produce a shower of sparks upon ignition and which consist of wire or stick coated with not more than 100 grams of pyrotechnic mixture per item; other hand-held or ground-based sparkling devices which are nonexplosive and nonaerial, which sometimes produce a crackling or whistling effect, and which contain 75 grams or less of pyrotechnic mixture per tube or a total of 500 grams or less for multiple tubes; snakes, glow worms, and smoke devices which contain 20 grams or less of pyrotechnic mixture; or trick noisemakers, which include party poppers, snappers, and drop pops, each containing 16 milligrams or less of pyrotechnic mixture excepted under subsection (c) of this section is limited to persons 18 years of age and older during a 30-day period prior to and including the days of allowed use of these items, and the use of these items shall be limited to July 4, the third day of Diwali, December 31, and January 1 of each year. The regulation of items listed in this subsection including the storage and sale shall be consistent with the standards set forth in NFPA 1124 National Fire protection Association Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 edition.
16 Del. C. § 525 — Delaware Code / Title 16 / Chapter 5 / Subchapter II / Section 525
§ Â
        525. Types of involuntary treatment: Outpatient examination and treatment, directly observed therapy, hospitalization and residential isolation [Effective until July 17, 2028].
Status: in_force

(a) Subject to the provisions of § 526 of this title, the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall order, as medically appropriate, a person with tuberculosis to undergo outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the general public in the home, as a result of the threat of harm to the person and the probable spread of tuberculosis, until such time as the disease is cured or the risk of infection to the general public is eliminated or reduced in such a manner that a substantial threat to the public’s health and welfare no longer exists.

(b) Subject to the provisions of § 526 of this title, a person who is infected with tuberculosis but is not infectious to others, and is a danger to oneself by resistance to treatment, and who refuses to adhere to a treatment regimen or to complete treatment, may be ordered by the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, to undergo outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the general public in the home, as a result of the increased risk that said persons will develop drug-resistant tuberculosis, which may pose a serious threat to the person and the general public.(a) Subject to the provisions of § 526 of this title, the Director shall order, as medically appropriate, a person with tuberculosis to undergo outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the general public in the home, as a result of the threat of harm to the person and the probable spread of tuberculosis, until such time as the disease is cured or the risk of infection to the general public is eliminated or reduced in such a manner that a substantial threat to the public’s health and welfare no longer exists.

(b) Subject to the provisions of § 526 of this title, a person who is infected with tuberculosis but is not infectious to others, and is a danger to oneself by resistance to treatment, and who refuses to adhere to a treatment regimen or to complete treatment, may be ordered by the Director to undergo outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the general public in the home, as a result of the increased risk that said persons will develop drug-resistant tuberculosis, which may pose a serious threat to the person and the general public.
16 Del. C. § 4307 — Delaware Code / Title 16 / Chapter 43 / Section 4307
§ Â
        4307. Delivery trucks.
Status: in_force

All delivery trucks and wagons maintained by persons holding licenses shall be kept clean and shall bear the license number and the name of the town or city where the licensed establishment is located.
16 Del. C. § 10008 — Delaware Code / Title 16 / Chapter 100 / Section 10008
§ Â
        10008. Limitation of liability.
Status: in_force

No person involved in the provision of E-911 or 911 service who in good faith receives, develops, collects or processes information for the enhanced 911 data bases, relays, transfers, operates, maintains or provides enhanced 911 services or system capabilities, or provides emergency telephone and radio communications for ambulance, police and fire departments, shall be liable for damages in any civil action for any act or omission that results in death, injury or loss to person or property unless such action or inaction constitutes gross negligence or an intentional tort. This section shall be construed to include 911 service that utilizes in whole or in part Internet Protocol or other next generation 911 technologies.
16 Del. C. § 1150 — Delaware Code / Title 16 / Chapter 11 / Subchapter VI / Section 1150
§ Â
        1150. Creation of Office.
Status: in_force

There is hereby established within the Department of Health and Social Services, Division of Administration, the Office of the Long-Term Care Ombudsperson as provided by the Older Americans Act Amendments of 1987 (P.L. 100-175).
16 Del. C. § 5530 — Delaware Code / Title 16 / Chapter 55 / Subchapter III / Section 5530
§ Â
        5530. Definitions.
Status: repealed

(a) “Alternative decision maker” is a person identified to make decisions for an individual in that individual’s best interest. In the absence of an assigned legal guardian of person or applicable “advance health-care directive,” as defined under § 2502 of this title, or similar legal instrument, a default surrogate may be determined under § 2512 of this title.

(b) “Elective surgery” is a surgical medical or dental procedure, not including sterilization, for the purposes of nonlife-threatening treatment or diagnosis.

(c) “Informed consent” is the consent of a patient to the performance of health-care services by a health-care provider who has informed the patient both verbally and in writing, to an extent reasonably comprehensible to general lay understanding, of the nature of the proposed procedure or treatment and of the risks and alternatives to treatment which a reasonable patient would consider material to the decision whether or not to undergo the treatment. The patient must understand the information provided by the health-care provider.

(d) “Persons receiving services from the Division of Developmental Disabilities Services (DDDS)” shall mean, for the purposes of this subchapter, those persons served within the residential program of the Division.

(e) [Repealed.]
16 Del. C. § 2407 — Delaware Code / Title 16 / Chapter 24 / Section 2407
§ Â
        2407. Material safety data sheets.
Status: in_force

(a) Chemical manufacturers and distributors shall provide manufacturing and nonmanufacturing purchasers of hazardous chemicals in Delaware appropriate MSDSs for the hazardous chemicals purchased.

(b) Employers shall maintain the most current MSDS received from manufacturers or distributors for each hazardous chemical purchased. If an MSDS has not been provided by the manufacturer or distributor for chemicals on the workplace chemical list at the time the chemicals are received at the workplace, the employer shall request one in writing from the manufacturer or distributor in a timely manner.

(c) Material safety data sheets shall be readily available, upon request, for review by employees or designated representatives.

(d) A copy of an MSDS shall be provided to the Secretary, upon request.
16 Del. C. § 4301 — Delaware Code / Title 16 / Chapter 43 / Section 4301
§ Â
        4301. License for manufacture of soft drinks for sale in bottles.
Status: in_force

(a) No person shall manufacture for sale in bottles or jugs any soft drink or other nonalcoholic beverage (except apple cider) within this State without having first applied for and having received a license from the Department of Health and Social Services.

(b) The application shall contain the name of the applicant, the applicant’s address and the location of the applicant’s manufacturing plant or plants, the name of the beverage or beverages to be manufactured and such other pertinent information as shall be prescribed by the Department of Health and Social Services in pursuance of this chapter.

(c) The application shall be accompanied by a fee of $25, upon receipt of which application and fee the Department of Health and Social Services shall issue to the applicant a license for the manufacture of the beverages mentioned in this section.

(d) The license shall be for the fiscal year ending June 30, unless sooner revoked, as provided in this chapter, and shall be renewed annually thereafter.
16 Del. C. § 1137 — Delaware Code / Title 16 / Chapter 11 / Subchapter III / Section 1137
§ Â
        1137. Suspension or revocation of license for violation by licensed or registered professional.
Status: in_force

On a finding of abuse, neglect, mistreatment, or medication diversion by a licensed or registered professional, or a licensed or registered professional’s failure to report abuse, neglect, mistreatment, or medication diversion by a licensed or registered professional, the Department or the Attorney General’s Office shall notify the appropriate licensing or registration board. If, after a hearing, a licensed or registered professional is found to have abused, neglected, or mistreated, or committed medication diversion against, a patient or resident or has failed to report abuse, neglect, mistreatment, or medication diversion, the appropriate board shall suspend or revoke the licensed or registered professional’s license.
16 Del. C. § 6903 — Delaware Code / Title 16 / Chapter 69 / Section 6903
§ Â
        6903. Permit for public display of fireworks; actions by injured persons.
Status: in_force

(a) Any association or company desiring to hold a public display of fireworks may apply to the Office of the State Fire Marshal for a permit to hold such display if application is made 30 days prior to the date of holding the display.

(b) The application for a permit shall set forth the date, hour and place of holding such display and place of storing fireworks prior to display, also the name of the person holding the display and name of person in charge of igniting the fireworks.

(c) The application shall be accompanied by a certificate of insurance issued by a bona fide insurance company licensed by the State Insurance Commissioner showing a minimum of $1,000,000 liability insurance per event for those persons who suffer injuries as a result of any discharge of the fireworks by the applicant or anyone acting for or on the applicant’s behalf.

(d) If the State Fire Marshal is satisfied that the holding of the display is supervised by a competent and experienced person and that the display will not be a detriment to the community or area in which the display is held, the Marshal may grant a permit for the display. The place of storage of fireworks prior to the display shall be subject to the approval of the State Fire Marshal.
16 Del. C. § 7501 — Delaware Code / Title 16 / Chapter 75 / Section 7501
§ Â
        7501. Buildings requiring fire escapes; exceptions.
Status: in_force

(a) The owner of any building which is more than 2 stories in height and which is used in the third or any higher story in whole or in part as a college, seminary, schoolhouse, hotel, hospital, asylum, almshouse, a factory or workshop, or as a tenement-house, or when rooms are let to families or lodgers or for the accommodation of organized associations of any description shall be required to furnish such building with sufficient permanent fire escapes from the third and all higher stories, which escapes shall be kept and maintained in good order.

(b) The fire escapes may be by means of stairways or ladders outside the building or by stairways in a separate tower or structure furnished with safe and easy communication with such building.

(c) This chapter shall not apply to any building whatever that is already supplied with 2 or more independent stairways leading from the highest story to the ground floor if the stairways shall not be nearer to each other at any point than a distance of 60 feet.
16 Del. C. § 6637 — Delaware Code / Title 16 / Chapter 66 / Subchapter IV / Section 6637
§ Â
        6637. Fire Detection Fund.
Status: in_force

(a) This section shall be referred to as the “Delaware Fire Detection Fund.”

(b) A special fund of the State is hereby created to be known as the “Delaware Fire Detection Fund.” All moneys, including gifts, bequests, grants or other funds from private or public sources specifically designated for the Delaware Fire Detection Fund shall be deposited or transferred to the Fire Detection Fund. Moneys in the Delaware Fire Detection Fund may be saved and deposited in an interest bearing savings or investment account. Interest or other income earned on the moneys in the Delaware Fire Detection Fund shall be deposited or transferred into the Delaware Fire Detection Fund. The Delaware Fire Detection Fund shall not lapse or revert to the General Fund.

(c) Moneys from the Delaware Fire Detection Fund shall be expended for the purpose of providing hard-wired smoke detectors with battery back up to Delaware residences lacking fire detection devices; provided, however, any moneys received from State-appropriated funds shall only be used for owner-occupied residences. Any moneys derived from private sources may be used for any Delaware residences. Any moneys derived from private sources may be used for any Delaware residences.

(d) The State Fire Marshal is authorized to identify and maintain an approved contractor list of licensed master electricians and licensed fire alarm signaling system companies for the purpose of installing hard-wired smoke detectors. The State Fire Marshal will maintain this approved list in each county in order to minimize costs and maximize efficiency consistent with public safety. This approved list will be furnished to those owners identified as lacking fire detection devices as outlined in subsection (c) of this section.

(e) The State Fire Prevention Commission is authorized to adopt rules and regulations necessary to administer the program in accordance with this section. The State Fire Prevention Commission will establish a priority list to distribute the hard-wired smoke detectors.

(f) The State Fire Marshal shall supervise and administer the program in accordance with any rules and regulations adopted by the State Fire Prevention Commission through the State Fire Marshal’s Office Quality Assurance Program.

(g) The objective of the Fund is to ensure the installation of working smoke detectors in every private residence in the State.
16 Del. C. § 1117 — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1117
§ Â
        1117. Retaliation or discrimination against complainant.
Status: in_force

(a) A licensee or other person may not discriminate or retaliate in any manner against a resident or employee in its facility on the basis that such resident or employee or any other person on behalf of the resident or employee has initiated or participated in any proceeding pursuant to this chapter, including providing information in connection with an inspection or facilitating a protection and advocacy agency investigation. The Department shall impose a civil penalty of not more than $10,000 per violation upon any licensee or other person who violates this subsection.

(b) Any attempt to expel a resident of the long-term care facility or any other type of retaliatory or discriminatory treatment of a resident or employee or any other person by whom, or upon whose behalf, a complaint has been submitted to the Department or protection and advocacy agency or who has participated in any proceeding instituted under this chapter within 1 year of the filing of the complaint or the institution of such action, shall raise a rebuttable presumption that such action was taken by the licensee or other person in retaliation for the filing of the complaint or the cooperation with the proceeding.
16 Del. C. § 3010A — Delaware Code / Title 16 / Chapter 30A / Subchapter II / Section 3010A
§ Â
        3010A. Definitions.
Status: in_force

As used in this subchapter:

(1) “Central service technician” means an individual who decontaminates, inspects, assembles, packages, and sterilizes reusable medical instruments or devices for a health-care facility.

(2) “Health-care facility” means a hospital or freestanding surgical center licensed pursuant to this title.

(3) “Health-care practitioner” means an individual licensed to practice in the healing arts, pursuant to Title 24, acting within the scope of the health-care practitioner’s license.
16 Del. C. § 3002A — Delaware Code / Title 16 / Chapter 30A / Subchapter I / Section 3002A
§ Â
        3002A. Certified nursing assistant training.
Status: in_force

To obtain certification as a certified nursing assistant, all trainees must complete training in both classroom and clinical settings. The total clock hours of classroom and clinical training required for certification shall be determined by the Department through written order signed by the Secretary. At no time may the number of clock hours be less than those required by the Centers for Medicare and Medicaid Services.
16 Del. C. § 2112 — Delaware Code / Title 16 / Chapter 21 / Section 2112
§ Â
        2112. Enforcement; rules and regulations; provisions subject to Chapter 23 of Title 11.
Status: in_force

(a) The Department of Health and Social Services, through its officers and employees, is charged with the administration and enforcement of this chapter and may take for evidence, at any trial involving violation of this chapter, any article made or offered for sale in violation of this chapter. The Department of Health and Social Services shall make and enforce reasonable rules and regulations for the enforcement of this chapter.

(b) This section is subject to Chapter 23 of Title 11. If there is any conflict or inconsistency between this section and such chapter, the latter shall prevail.
16 Del. C. § 3157 — Delaware Code / Title 16 / Chapter 31 / Subchapter III / Section 3157
§ Â
        3157. Cremation or natural organic reduction; prohibited except in licensed crematory or natural organic reduction facility [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

A person may not destroy or dispose of by burning or natural organic reduction the body of an individual dead from any cause, except in a crematory or natural organic reduction facility licensed for this express purpose and under the conditions provided in §§ 3158 through 3164 of this title.
16 Del. C. § 1902 — Delaware Code / Title 16 / Chapter 19 / Section 1902
§ Â
        1902. Department of Natural Resources and Environmental Control â Powers and duties.
Status: in_force

(a) The Department of Natural Resources and Environmental Control, hereinafter referred to as the Department, may:

(1) Take all necessary and proper steps and measures for the eradication of mosquitoes, including but not limited to source reduction methods that alter or eliminate the habitats of immature mosquitoes, biological controls such as native fish stocking, and the application of insecticides by air or ground to control immature or adult mosquitoes, all done in order to effect nuisance relief, to protect public health, and to help avoid adverse impacts to local economies from severe mosquito infestations; and

(2) Treat as nuisances all stagnant pools of water or other breeding places of mosquitoes to help protect the public’s well being and health; and

(3) Purchase all needed equipment, supplies and materials, and employ such labor and services as may be proper or necessary in the furtherance of the objects of this chapter of this title and fix the compensation and prescribe the duties of all employees, agents and servants; and

(4) Enter upon land, whether privately-owned or not, for the purpose of determining the breeding places of immature mosquitoes or occurrence of adult mosquitoes, and treat with proper means all such breeding places or adult mosquito populations wherever situated, doing no unnecessary damage; and

(5) Generally do any and all things necessary or incident to the powers granted and to carry out the objects specified in this chapter of this title. This may include at the Secretary’s discretion the promulgation of rules and regulations to help effectuate the purposes of this subchapter of this chapter of this title.

(b) Control measures taken for the eradication of mosquitoes shall, to the extent practicable, not be injurious to pets, livestock or wildlife. The Department shall perform and exercise the authority and powers granted under this chapter of this title within the limitations of any appropriation made under any appropriation act of the General Assembly for mosquito control purposes.
16 Del. C. § 9402A — Delaware Code / Title 16 / Chapter 94A / Section 9402A
§ Â
        9402A. Purpose; interpretation.
Status: in_force

(a) The purpose of this chapter is to do all of the following:

(1) Provide assistance in gathering and assessing information, making informed decisions, and communicating decisions to adults who do not need a guardian or other substitute decision maker for such activities, but who would benefit from decision-making assistance.

(2) Give supporters legal status to be with the adult and participate in discussions with others when the adult is making decisions or attempting to obtain information.

(3) Enable supporters to assist in making and communicating decisions for the adult but not substitute as the decision maker for that adult.

(b) This chapter is to be administered and interpreted in accordance with all of the following principles:

(1) All adults should be able to live in the manner they wish and to accept or refuse support, assistance, or protection as long as they do not harm others and are capable of making decisions about those matters.

(2) All adults should be able to be informed about and, to the best of their ability, participate in the management of their affairs.

(3) All adults should receive the most effective yet least restrictive and intrusive form of support, assistance, or protection when they are unable to care for themselves or manage their affairs alone.

(4) The values, beliefs, wishes, cultural norms, and traditions that an adult holds should be respected in managing an adult’s affairs.
16 Del. C. § 2008 — Delaware Code / Title 16 / Chapter 20 / Section 2008
§ Â
        2008. Immunity.
Status: in_force

No person shall be subject to, and all persons shall be immune from, any claim, suit, liability, damages, or any other recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken or performed, or recommendation made while discharging any duty or authority under this chapter, so long as such person acted in good faith, without malice, and within the scope of the person’s duty or authority under this chapter or any other provisions of the Delaware law, federal law, or duly adopted rules and regulations providing for the administration of this chapter, good faith being presumed until proven otherwise, with malice required to be shown by the complainant.
16 Del. C. § 7116 — Delaware Code / Title 16 / Chapter 71A / Section 7116
§ Â
        7116. Definitions.
Status: in_force

As used in this chapter:

(1) “Agent” shall mean any person authorized by the State to purchase and affix tax stamps on packages of cigarettes.

(2) “Cigarette” means:

a. Any roll for smoking whether made wholly or in part of tobacco or any other substance, irrespective of size or shape and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material other than leaf tobacco; or

b. Any roll for smoking wrapped in any substance containing tobacco which, because of its appearance the type of tobacco used in the filler or its packaging and labeling, is likely to be offered, or purchased by, consumers as a cigarette as described in paragraph (2)a. of this section above.

(3) “Manufacturer” shall mean:

a. Any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that such manufacturer intends to be sold in this State, including cigarettes intended to be sold in the United States through an importer; or

b. The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or

c. Any entity that becomes a successor of an entity described in paragraph (3)a. or (3)b. of this section.

(4) “Quality control and quality assurance program” shall mean the laboratory procedures implemented to ensure that operator bias systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of the testing. This program ensures that the testing repeatability remains within the required repeatability values stated in § 7117(a)(6) of this title for all test trials used to certify cigarettes in accordance with this chapter.

(5) “Repeatability” shall mean the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.

(6) “Retail dealer” shall mean any person other than a manufacturer or wholesale dealer engaged in selling cigarettes or tobacco products.

(7) “Sale” means in addition to its usual meaning, any sale, transfer, exchange, theft, barter, gift or offer for sale and distribution, in any manner or by any means whatsoever.

(8) “Sell” shall mean to sell or to offer or agree to do the same.

(9) “State Fire Marshal” shall mean the Delaware State Fire Marshal or the State Fire Marshal’s deputies.

(10) “Wholesale dealer” shall mean any person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains 1 or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person.
16 Del. C. § 3013F — Delaware Code / Title 16 / Chapter 30F / Subchapter II / Section 3013F
§ Â
        3013F. Definitions.
Status: in_force

As used in this subchapter:

(1) “Animal shelter” means a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals.

(2) “Cat” means a member of the genus and species known as felis catus.

(3) “Committee” means the Spay/Neuter Advisory Committee.

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

(5) “Dog” means a member of the genus and species known as canis familiaris.

(6) “Feral cat” means a cat that is either of the following:

a. Born in the wild or the offspring of an owned or feral cat and which may not be socialized.

b. A formerly owned cat that has been abandoned and is no longer socialized.

(7) “Free-roaming-cat caretaker” means a person who provides shelter, medical care, or food to 1 or more feral or free-roaming cats lacking discernible owner identification and works to reduce colony numbers by working to spay and neuter the animals within their specific colony or colonies. Free-roaming-cat caretakers are not owners.

(8) “Intake” means the number of live animals for which an animal shelter assumes custody and are admitted for temporary shelter and care. Intake includes all animals admitted to the shelter, foster care, or a satellite location.

(9) “Owner” means any person, firm, partnership, association, or corporation owning, keeping, or harboring a cat, dog or other animal.

(10) “Program” means the Animal Population Control Program established by and set forth in this subchapter for cats and dogs.

(11) “Spay/neuter” means to sterilize a female animal by removing the ovaries or to castrate a male animal by removing the testicles or by FDA-approved pharmaceutical sterilization.
16 Del. C. § 1196 — Delaware Code / Title 16 / Chapter 11 / Subchapter X / Section 1196
§ Â
        1196. Transferability of training [For application of this section, see 84 Del. Laws, c. 327, Â 2].
Status: in_force

If an individual was previously employed by another assisted living facility or a temporary staffing agency and has previously satisfied a training requirement defined in this subchapter, the individual may present proof of completion of the training to an assisted living facility or a temporary staffing agency to satisfy the corresponding training required by this subchapter.
16 Del. C. § 510 — Delaware Code / Title 16 / Chapter 5 / Subchapter I / Section 510
§ Â
        510. Immunizations containing mercury.
Status: in_force

(a) A vaccine containing mercury may not be made available to a medical provider in this State for administration to children under 8 years of age or to pregnant women, or to both. A vaccine containing mercury may not be administered to a child who is under 8 years of age or to a pregnant woman, or to both, notwithstanding the expiration date of the vaccine.

(b) Subsection (a) of this section does not apply if:

(1) The Director is informed by a person authorized to sell or to administer a vaccine that a mercury-free vaccine against a specific disease is not available to a child under 8 years of age or to a pregnant woman, or to both, in a medically necessary period of time, and the Director determines that an FDA-approved, mercury-free vaccine is not manufactured or cannot be obtained from other medical providers, manufacturers, distributors, agencies, jurisdictions, or by any other means within the medically necessary period of time; or

(2) The Director determines that an emergency or epidemic exists necessitating the vaccination of groups of individuals within the State, including children under 8 years of age or pregnant women, or both, and an FDA-approved mercury-free vaccine is not manufactured, or the quantity is insufficient and additional mercury-free vaccine cannot be obtained from other medical providers, manufacturers, distributors, agencies, jurisdictions, or by any other means within the medically necessary period of time; or

(3) The Director determines that a shortage of vaccine exists which could threaten the health of groups of individuals within the State, including children under 8 years of age or pregnant women, or both, and additional mercury-free vaccine cannot be obtained from other medical providers, manufacturers, distributors, agencies, jurisdictions, or by any other means within the medically necessary period of time.

(c) A determination made pursuant to subsection (b) of this section is enforceable for a timeperiod specified by the Director. The Director shall rescind the timeperiod when the Director determines that a sufficient amount of the FDA-approved, mercury-free vaccine is available.

(d) (1) If the Director determines that subsection (a) of this section does not apply pursuant to subsection (b) of this section, the Division shall report the determination within 72 hours by a posting on the Division of Public Health website. If paragraph (b)(1) of this section applies, the Division shall report the specific disease, the vaccine, the time-period for which the vaccine containing mercury is approved, and the number of individuals under 8 years of age or pregnant receiving the vaccine containing mercury.

(2) If paragraph (b)(2) or (b)(3) of this section applies, the Division shall report the specific disease, the vaccine, and the timeperiod for which the vaccine containing mercury is approved.

(3) The Division shall issue and disseminate for public review an annual report listing all determinations made pursuant to this section, without revealing the identity of any persons denied or given a vaccine.

(e) A vaccine containing mercury may not be administered to a child under 8 years of age until a parent or legal guardian of the child has been informed by the person administering the vaccine that the vaccine contains mercury, that the person administering the vaccine believes the vaccine to be medically necessary, and that the Director of Public Health or the Director’s designee has made a formal determination that the vaccine may be administered due to the existence of any of the circumstances described in subsection (b) of this section. If the parent or legal guardian of a child cannot be reached in the period of time deemed medically necessary by the person administering the vaccine, the parent or guardian must be notified in writing at the earliest possible time that the vaccine administered contained mercury, that the person administering the vaccine believed the vaccine to be medically necessary, and that the Director of Public Health or the Director’s designee made a formal determination that the vaccine may be administered due to the existence of any of the circumstances described in subsection (b) of this section.

(f) A vaccine containing mercury may not be administered to a pregnant woman until she has been informed by the person administering the vaccine that it contains mercury, that the person administering the vaccine believes the vaccine to be medically necessary, and that the Director of Public Health or the Director’s designee has made a formal determination that the vaccine may be administered due to the existence of any of the circumstances described in subsection (b) of this section.
16 Del. C. § 7502 — Delaware Code / Title 16 / Chapter 75 / Section 7502
§ Â
        7502. Inspections and certificates of compliance; fee.
Status: in_force

(a) The chief fire officer of the fire department in any city, town or borough where there may be such officers or, if there be no such officer therein, then the mayor or chief officer thereof, and in all other places the clerk of the school district wherein any such building is located, shall examine fire escapes as to their suitableness and sufficiency, whether as to quality, location or number.

(b) If upon the examination the fire escapes are found to be sufficient and suitable, the person examining shall give the owner of such building or some one of them, if more than 1, a certificate stating such examination and the person’s approval, which certificate shall be good for 2 years, at the expiration of which time another examination shall be had and a like certification given. In New Castle County an inspection may be made by the County Building Inspector.

(c) The certificate of approval shall be evidence of sufficient compliance with the requirements of this chapter and shall protect such owner from any penalty therein prescribed during the time for which it may have been given.

(d) The fee for the examination shall be $1.00.
16 Del. C. § 1801 — Delaware Code / Title 16 / Chapter 18 / Section 1801
§ Â
        1801. Definitions.
Status: in_force

As used in this chapter:

(1) “Collection and disposal systems” mean systems for the storage, collection, transportation, transfer, processing, reclamation, reduction and disposal of solid wastes.

(2) “Federal aid or grant” means any and all federal grants-in-aid, regardless of source, which supplement the aid provided by the State in this chapter, and which are applied to the planning of solid waste collection and disposal systems by qualified agencies.

(3) “Planning of solid waste collection and disposal systems” means engineering or planning services to survey, plan, develop and supervise the establishment or construction of comprehensive solid waste collection and disposal systems.

(4) “Qualified agency” means the Levy Court or county council of the counties.

(5) “Solid waste” means that material that is made up of residential, domestic, institutional, commercial, agricultural, industrial and street or highway refuse. It includes garbage, rubbish, ashes, street refuse, dead animals, abandoned automobiles, demolition rubble and sewage sludge.
16 Del. C. § 7310 — Delaware Code / Title 16 / Chapter 73 / Section 7310
§ Â
        7310. Authority of State Fire Prevention Commission.
Status: in_force

The State Fire Prevention Commission shall be the authority having jurisdiction over the sale and use of portable oil-fueled heaters and only this chapter shall govern the sale and use of portable oil-fueled heaters in this State.
16 Del. C. § 9001 — Delaware Code / Title 16 / Chapter 90 / Section 9001
§ Â
        9001. Created; purpose.
Status: in_force

There is hereby created a special fund of the State designated the “Health Facilities Subsidy Fund.” The Fund is created to provide a source of financial assistance to health facilities corporations in connection with loans obtained with the assistance of the Delaware Health Facilities Authority for eligible projects.
16 Del. C. § 716 — Delaware Code / Title 16 / Chapter 7 / Subchapter II / Section 716
§ Â
        716. HIV testing of pregnant women.
Status: in_force

(a) A perinatal care provider may provide routine/opt-out testing pursuant to § 715(a) of this title.

(1) In addition to the provisions of this subsection, a licensed health-care provider who renders the primary prenatal care for a pregnant woman must offer HIV testing upon intake to perinatal services, during the third trimester, and at intake into labor and delivery if the result of previous test are not available or documented in the patient’s chart.

(2) In addition to the provisions this subsection, a licensed health-care provider who renders the primary prenatal care for a pregnant woman must also counsel a pregnant woman that is found to be HIV-infected, orally or in writing, about the dangers to her fetus and about the treatment options for maintaining her health and reducing chances of transmission of HIV to her fetus.

(b) A pregnant woman shall have the right to refuse consent to testing HIV infection at any instance of testing and to refuse any recommended treatment. Documentation of such refusal shall be maintained in the patient’s medical record. All other provisions of this subchapter shall apply to such counseling, testing, and disclosure, which take place pursuant to this section.
16 Del. C. § 140A — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 140A
§ Â
        140A. Diabetes; prevention and control; report.
Status: in_force

The Division of Medicaid and Medical Assistance, Division of Public Health, and the Human Resources Management Section of the Office of Management and Budget, referred to collectively as “the agencies” throughout this section, shall submit, by June 30 every 2 years, a comprehensive joint report to the General Assembly that includes all of the following:

(1) Data reflecting the prevalence and burden of diabetes in the State.

(2) Activities related to diabetes programs and initiatives throughout the State in the fiscal years following the most recent prior biennial report.

(3) An estimate of the financial impact of diabetes on each of the agencies.

(4) The number of people impacted or served by each of the agencies with regard to diabetes, including programs and initiatives designed to reach individuals with diabetes and prediabetes.

(5) A description of each of the agencies’ implemented programs and activities aimed at improving diabetes care and preventing the disease, and an assessment of the expected benefits and outcomes for each program and activity.

(6) Current funding levels for each of the agencies to implement programs and activities aimed at reaching individuals with diabetes and prediabetes.

(7) Each of the agencies’ individual plans, including recommendations to address the prevention and control of diabetes, the intended outcomes of the recommendations, and estimates of the funding and time required to implement the recommendations.
16 Del. C. § 4701 — Delaware Code / Title 16 / Chapter 47 / Subchapter I / Section 4701
§ Â
        4701. Definitions.
Status: repealed

As used in this chapter:

(1) “Addicted” or “addiction” shall mean dependence upon a drug in the following manner:

a. Psychological dependence upon a drug in the sense that the user lacks the ability to abstain from taking or using the drug or experiences a compulsive need to continue its use; and

b. A tolerance to the effects of the drug which leads the user to require larger and more potent doses; and

c. Such physical dependence upon the drug that the user suffers withdrawal symptoms if the user is deprived of its dosage.

(2) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means to the body of a patient or research subject by:

a. A practitioner (or, in the practitioner’s presence, by the practitioner’s authorized agent); or

b. The patient or research subject at the direction and in the presence of the practitioner.

(3) “Administration” means the Drug Enforcement Administration, United States Department of Justice or its successor agency.

(4) “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. It does not include a common or contract carrier, public warehouseperson or employee of the carrier or warehouseperson.

(5) “Anabolic steroid” means any of the controlled substances defined in § 4718(f) of this title.

(6) “Benzodiazepine” means any substance or drug which contains a benzene ring fused to a 7-member diazepine ring, results in the depression of the central nervous system and is primarily intended to treat insomnia, convulsions and anxiety, and used for muscle relaxation and pre-operation treatment including alprazolam, clonazepam, diazepam, lorazepam, and temazepam.

(7) “Controlled substance” means a drug, substance or immediate precursor in Schedules I through V of subchapter II of this chapter. For purposes of the crimes set forth in subchapters IV and V of this chapter, and of forfeiture set forth in § 4784 of this title, “controlled substance” includes “designer drug”, as defined in paragraph (10) of this section.

(8) “Counterfeit controlled substance” means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance.

(9) “Deliver” or “delivery” means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

(10) “Designer drug” means a substance that has a chemical structure substantially similar to that of a controlled substance or that was specifically designed to or may produce an effect substantially similar to that of a controlled substance. Examples of chemical classes in which “designer drugs” are found include, but are not limited to, the following: Phenethylamines, N-substituted piperidines, morphinans, ecgonines, quinazolinones, substituted indoles, arylcycloalkylamines, cannabinoids, cathinones, and any synthetic analogue of a controlled substance. “Designer drug” does not include any substance that was manufactured, delivered or dispensed in conformance with an approved new drug application, or an exemption for investigating use within the meaning of § 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 355), or that was manufactured, delivered or dispensed in conformance with a registration issued by the Attorney General of the United States within the meaning of §§ 301-304 of the Federal Controlled Substances Act (21 U.S.C. §§ 821-824).

(11) “Dispense” means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing for a legitimate medical purpose by an individual practitioner in the usual course of the practitioner’s professional practice, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery.

(12) “Dispenser” means a practitioner who dispenses.

(13) “Distribute” means to deliver other than by administering or dispensing a controlled substance.

(14) “Distributor” means a person who distributes.

(15) “Dose” means an amount or unit of a compound, mixture, or preparation containing a controlled substance that is separately identifiable and in a form that indicates that it is the amount or unit by which the controlled substance is separately administered to or taken by an individual. A dose includes, but is not limited to: a pill; a capsule; a tablet; or a vial.

(16) “Drug” means (i) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary or any supplement to any of them; (ii) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals; (iii) substances (other than food) intended to affect the structure or any function of the body of humans or animals; and (iv) substances intended for use as a component of any article specified in clause (i), (ii) or (iii) of this paragraph. It does not include devices or their components, parts or accessories.

(17) “Drug detection animal trainer” means all persons, not classified as a practitioner, pharmacy, distributor, manufacturer or researcher, but under the classification of “Other Controlled Substance Registrants.” This registrant shall have formal training and may train animals for drug detection using controlled substances listed under the registration. These registrants shall have equipment and a site appropriate for registration.

(18) “Drug paraphernalia” shall mean all equipment, products and materials of any kind which are used, intended for use or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, re-packaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled substance the manufacture, delivery, possession or use of which is in violation of this chapter. The term “drug paraphernalia” includes, but is not limited to:

a. Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance, the use, cultivation, delivery or possession of which is in violation of this chapter or from which such a controlled substance can be derived;

b. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances, the use, manufacture, delivery or possession of which is in violation of this chapter;

c. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance, the use, manufacture, delivery or possession of which is in violation of this chapter;

d. Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances, the use, manufacture, delivery or possession of which is in violation of this chapter;

e. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances, the use, manufacture, delivery or possession of which is in violation of this chapter;

f. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose or lactose, which are used, intended for use or designed for use in cutting controlled substances, the use, manufacture, delivery or possession of which is in violation of this chapter;

g. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or otherwise cleaning or refining, marijuana;

h. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances, the use, manufacture, delivery or possession of which is in violation of this chapter;

i. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances, the use, manufacture, delivery or possession of which is in violation of this chapter;

j. Containers or other objects used, intended for use or designed for use in storing or concealing controlled substances, the use, manufacture, delivery or possession of which is in violation of this chapter;

k. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances, the use, manufacture, delivery or possession of which is in violation of this chapter; and

l. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body such as:

1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

2. Water pipes;

3. Carburetion tubes and devices;

4. Smoking and carburetion masks;

5. Roach clips or objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

6. Miniature cocaine spoons, and cocaine vials;

7. Chamber pipes;

8. Carburetor pipes;

9. Electric pipes;

10. Air-driven pipes;

11. Chillums;

12. Bongs; and

13. Ice pipes or chillers.

(19) “Finished drug product” means a drug legally marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 321 et seq.) that is in finished dosage form.

(20) “Finished product” means any material, compound, mixture or preparation which contains any quantity of a controlled or noncontrolled substance.

(21) “Human growth hormone” is synonymous with the term “human chorionic gonadotropin.”

(22) “Immediate precursor” means a substance which the Secretary has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.

(23) “Isomer” means the optical isomer, except as used in § 4714(d) of this title and § 4716(b)(4) of this title. As used in § 4714(d) of this title, the term “isomer” means the optical positional or geometric isomer. As used in § 4716(b)(4) of this title, the term “isomer” means the optical or geometric isomer.

(24) “Knowingly” means a person acts knowingly with respect to any delivery, possession, use or consumption within the meaning of this chapter when the person knows or is aware of such delivery, possession, use or consumption. The person’s knowledge may be inferred by the trier of fact from the surrounding circumstances, considering whether a reasonable person in the defendant’s circumstances would have had such knowledge. A prima facie case of knowledge is established upon the introduction of some evidence of the surrounding circumstances from which a reasonable juror might infer the defendant’s knowledge.

(25) “Lawful prescription or order” means a prescription or order that is issued for a legitimate medical purpose by a licensed and registered practitioner pursuant to a “patient-practitioner relationship” as defined in this section, that is not obtained by misrepresentation, fraud, forgery, deception or subterfuge, and is distributed or dispensed in conformity with § 4739 of this title.

(26) “Licensed practitioner” means any individual who is authorized by law to prescribe drugs in the course of professional practice or research in any state.

(27) “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container except that this term does not include the preparation or compounding of a controlled substance by an individual for the individual’s own use or the preparation, compounding, packaging or labeling of a controlled substance:

a. By a practitioner as an incident to the practitioner’s administering or dispensing of a controlled substance in the course of the practitioner’s professional practice; or

b. By a practitioner, or by the practitioner’s authorized agent under the practitioner’s supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for delivery.

(28) a. “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.

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

1. The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

2. Products approved by the US Food and Drug Administration.

3. Industrial hemp as defined in § 2801 of Title 3.

(29) “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis:

a. Opium opiates, derivatives of opium and opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation. Such term does not include isoquinoline alkaloids of opium.

b. Poppy straw and concentrate of poppy straw.

c. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine and derivatives of ecgonine or their salts have been removed.

d. Cocaine, its salts, optical and geometric isomers, and salts of isomers.

e. Ecgonine, its derivatives, their salts and salts of isomers.

f. Any compound, mixture or preparation which contains any quantity of any of the substances referred to in paragraphs (29)a. through e. of this section.

(30) “Non-benzodiazepine hypnotic” means any zaleplon, zolpidem, and any schedule II or schedule III drug, as defined by the Controlled Substances Act, 21 U.S. C. § 812(c) and 21 C.F.R. 1308, which produces effects similar to that of a benzodiazepine.

(31) “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under § 4711 of this title, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.

(32) “Opium poppy” means the plant of the species Papaver somniferum L., except its seeds.

(33) “Other controlled substance registrants” means all persons and firms, except persons or firms exempt from registration, who are not classified as pharmacies, distributors, manufacturers, practitioners or researchers. Examples of persons or firms in this classification include, but are not limited to, analytical laboratories and drug detection animal trainers, having a legitimate need to use “controlled substances” as defined in this section.

(34) “Patient-practitioner relationship” means, with respect to prescribing drugs for a patient, that the practitioner is a licensed practitioner who meets 1 or more of the following:

a. Has conducted at least 1 in-person medical evaluation of the patient and performed a medical history and physical examination sufficient to establish a diagnosis and to identify underlying conditions of, or contraindications to, the treatment recommended or provided.

b. Personally knows the patient and the patient’s general health status through an existing patient-practitioner relationship.

c. Provides treatment in consultation with or upon referral of another practitioner who has an existing patient-practitioner relationship with the patient and who has agreed to supervise the patient’s treatment, including follow-up care and use of the prescribed medications.

d. Provides treatment to the patient through an on-call or cross-coverage situation for another practitioner who has an existing patient-practitioner relationship with the patient.

e. Provides continuing medications on a short-term basis for a new patient prior to the first appointment.

f. Provides treatment based upon admission orders for a newly hospitalized patient.

g. Provides treatment for opioid use disorder under a properly established provider-patient relationship as provided by § 6003 of Title 24 for Schedule III through V medications approved by the Federal Drug Administration for such treatment.

(35) “Person” means individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association, or any other legal entity.

(36) “Personal use quantity” means 1 ounce or less of marijuana in the form of leaf marijuana, 12 grams or less of concentrated cannabis, or cannabis products containing 750 milligrams or less of delta-9-tetrahydrocannabinol. “Leaf marijuana” means the dried leaves and flowering tops of the plant cannabis sativa L.

(37) “Poppy straw” means all parts, except the seeds of the opium poppy, after mowing.

(38) “Possession,” in addition to its ordinary meaning, includes location in or about the defendant’s person, premises, belongings, vehicle or otherwise within the defendant’s reasonable control.

(39) “Practitioner” means:

a. A physician, dentist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State.

b. A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of its professional practice or research in this State.

(40) “Prescribe” means to give an order for medication or other therapy by authorized personnel which is dispensed to or for an ultimate user but does not include an order for medication which is dispensed for immediate administration to the ultimate user.

(41) “Prescription drug” means any drug required by federal or state law or regulation to be dispensed only by or on the prescription of a practitioner licensed to prescribe drugs, or which is restricted to use by practitioners only.

(42) “Prescription drug order” means any written, verbal, or electronic order of a practitioner for a prescription drug issued in accordance with regulations promulgated under this chapter.

(43) “Production” includes the manufacturing, planting, cultivating, growing or harvesting of a controlled substance.

(44) “Proof of age” means a document issued by a governmental agency that gives the person’s date of birth including a passport, military identification card, or driver’s license.

(45) [Repealed.]

(46) “Protected school zone” means either of the following:

a. Any building, structure, athletic playing field, playground, or other land contained on the property of a public or private kindergarten, elementary, secondary, or vocational-technical school.

b. Any area accessible to the public located within 300 feet of the property of a public or private kindergarten, elementary, secondary, or vocational-technical school, or any parked vehicle located within 300 feet of the property of a public or private kindergarten, elementary, secondary, or vocational-technical school.

For the purposes of this section, an “area accessible to the public” includes: sidewalks; streets; parking lots; parks; playgrounds; stores and restaurants; and any other outdoor locations such as front porches or front yards.

(47) “Purported controlled substance” means any substance that is:

a. Expressly or impliedly represented to be a controlled substance; or

b. Expressly or impliedly represented to be of such nature that another person will be able to distribute or use the substance as a controlled substance.

(48) “Researcher” means all persons and firms, not a practitioner, who routinely performs scholarly or scientific investigations or inquiries.

(49) “Secretary” means Secretary of the Department of State or the Secretary’s designee in paragraph (22) of this section; §§ 4711; 4713; 4715; 4717; 4718(m); 4719; 4720(c); 4721; 4731; 4732; 4733; 4734(a) and (b); 4735 (b), (c) and (d); 4736(a) and (b); 4737; 4738; 4739(b); 4762(e)(2); 4781(1); 4782; 4783(b); 4785; 4786; 4787(b), (c), (d), (e) and 4791(d) of this title.

“Secretary” means Secretary of the Department of Safety and Homeland Security of the State or the Secretary’s designee in §§ 4740; 4781(2), (3) and (4); 4783(a) and (c); 4784; and 4787(a) of this title.

“Secretary” means Secretary of the Department of Health and Social Services or the Secretary’s designee in § 4740B of this title.

(50) “State,” when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof and any area subject to the legal authority of the United States of America.

(51) “Ultimate user” means a person who lawfully possesses a controlled substance for the person’s own use or for the use of a member of the person’s household or for administering to an animal owned by the person or by a member of the person’s household.

(52) “Vehicle” shall have the same definition as that set forth in § 101(88) of Title 21.
16 Del. C. § 7703 — Delaware Code / Title 16 / Chapter 77 / Section 7703
§ Â
        7703. Penalties.
Status: in_force

Whoever violates this chapter shall, for each offense, be fined not less than $50 nor more than $100.
16 Del. C. § 9311 — Delaware Code / Title 16 / Chapter 93 / Section 9311
§ Â
        9311. Charity care.
Status: in_force

Any person subject to a CPR review pursuant to this chapter shall perform and accept within this State charity care to the extent required by the Board to those individuals who meet the criteria for rendering charity care established by the Board, and shall continue to provide charity care in each fiscal year as determined by the Board. The authority to enforce charity care requirements shall rest with the Department of Health and Social Services.
16 Del. C. § 7418 — Delaware Code / Title 16 / Chapter 74 / Section 7418
§ Â
        7418. Radioactive material originating in another state.
Status: in_force

The Authority on Radiation Protection shall not permit the deposit in Delaware, for any period of time, of any radioactive waste material set forth in § 7417(a) of this title originating in any other state.
16 Del. C. § 8402 — Delaware Code / Title 16 / Chapter 84 / Section 8402
§ Â
        8402. Fees for permits.
Status: in_force

The Levy Court or County Councils of New Castle County, Kent County and Sussex County and each incorporated municipality in each of the said counties may fix a reasonable fee for the issuance of a permit for work under the code which is to be performed under their respective jurisdictions. Contract work in which several applications of the code will be performed under 1 agreement shall be considered as 1 permit.
16 Del. C. § 8806 — Delaware Code / Title 16 / Chapter 88 / Section 8806
§ Â
        8806. Automatic fire suppression system; penalties for noncompliance.
Status: in_force

Each owner of a dormitory required to comply under this chapter who wilfully fails to comply with the installation of automatic fire systems pursuant to this chapter, whether an individual or body corporate, shall be fined not less than $100 nor more than $500 for each offense. The Justice of the Peace Courts shall have jurisdiction over any violations of this chapter.
16 Del. C. § 6312 — Delaware Code / Title 16 / Chapter 63 / Section 6312
§ Â
        6312. Exemptions from reporting fee requirements.
Status: in_force

(a) Federal, state, county and local government facilities and nonprofit organizations are exempt from the reporting fees under this chapter.

(b) Motor vehicle fuels at facilities which offer such fuels for retail sale shall also be exempt from the reporting fees under this chapter. However, hazardous chemicals or extremely hazardous substances at these facilities other than motor vehicle fuels for retail sale shall not be exempt from the reporting fees.
16 Del. C. § 2206 — Delaware Code / Title 16 / Chapter 22 / Section 2206
§ Â
        2206. Residential and nonresidential facilities.
Status: in_force

The Office of Substance Abuse Services, as a component of the Department of Health and Social Services Division of Alcoholism, Drug Abuse and Mental Health, shall, subject to the express provisions of other sections under this chapter:

(1) Have the authority to license all facilities to be used exclusively or partially for the treatment of persons in need of treatment upon application and under this chapter. These facilities may be operated as residential or nonresidential facilities. The Department of Services for Children, Youth and Their Families will be consulted prior to adoption of regulations and standards applicable to facilities serving minors.

(2) Establish procedures whereby persons who are in need of treatment may seek admission to these programs on a voluntary basis and provide a system to accept appropriate referrals from all components of the criminal justice system and provide assistance where necessary for security for such referrals.

(3) Have the authority to contract with other governmental or private agencies for additional diagnostic and treatment facilities or programs. The Office is encouraged to establish these programs on a regional basis with emphasis on prevention and preventive education and broad community involvement.

(4) Except as authorized in § 2211 of this title, provide that no person who voluntarily enters a facility for persons in need of treatment shall be retained in such facilities or programs against the person’s will. Such voluntary admission shall not be used as evidence in any criminal prosecution.

(5) Initiate and maintain programs which will include:

a. Prevention of substance abuse;

b. Residential treatment;

c. Nonresidential treatment; and

d. Follow-up treatment.
16 Del. C. § 9710 — Delaware Code / Title 16 / Chapter 97 / Section 9710
§ Â
        9710. Overdose system of care.
Status: in_force

(a) The Secretary shall create an overdose system of care to coordinate the treatment and care provided to individuals who have overdosed or require acute management of substance use disorder, including opioid use disorder.

(b) (1) The Secretary may adopt regulations, policies, and procedures to permit the Director of the Division of Substance Abuse and Mental Health to designate a facility as a stabilization center.

(2) A facility may be designated as a stabilization center if the facility meets federal and State requirements to receive a patient from Emergency Medical Services and can do all of the following:

a. Provide medical care and supervision after an overdose.

b. Provide medical care and supervision for acute management needs for substance use disorder.

c. Initiate medication-assisted treatment.

d. Refer individuals to other services.

(c) (1) The Secretary may adopt regulations, policies, and procedures to designate a facility as an overdose system of care center.

(2) The Secretary must use a guideline and evidence-based process as recommended by the Overdose System of Care Committee to determine designation criteria.

(d) The Secretary may adopt regulations, policies, and procedures to establish other distinct categories of care in the overdose care system as supported by evidence and recommended by nationally recognized guidelines and the Overdose System of Care Committee.

(e) The Secretary may suspend or revoke a designation under this section if a facility fails to meet the standards established under this section.

(f) The Director of the Division of Public Health may include an acute health care facility, hospital, freestanding emergency department, or emergency medical services provider in the overdose system of care if the entity does all of the following:

(1) Participates in the care of patients who have overdosed or require acute management for substance use disorder.

(2) Contributes data required by the Director of the Division of Public Health or the Director of the Division of Substance Abuse and Mental Health.

(3) Participates in overdose system of care quality improvement.
16 Del. C. § 4804B — Delaware Code / Title 16 / Chapter 48B / Section 4804B
§ Â
        4804B. Prescription opioid impact fee.
Status: in_force

(a) A manufacturer of a prescription opioid must pay a prescription opioid impact fee to the State if more than 100,000 MME of the manufacturer’s prescription opioid products are dispensed in this State in a quarter.

(b) The prescription opioid impact fee is calculated as follows:

(1) The impact fee is $0.01 per MME for a prescription opioid dispensed and reported in the PMP.

(2) The impact fee is $0.0025 per MME for a prescription opioid that is a generic substitution.

(c) The Secretary of State shall calculate the total amount of the impact fee on a quarterly basis using the information in the PMP.

(d) The Secretary of State shall send an invoice to manufacturers of prescription opioids dispensed in this State for the impact fee due under this section quarterly, beginning after the close of the first full quarter after June 12, 2019.

(e) Manufacturers of prescription opioids shall pay the impact fee 1 month after the date of an invoice.

(f) When a manufacturer of prescription opioids fails to pay the impact fee within 1 month after the date of an invoice, the penalty is $100 a day or 10% of the impact fee due, whichever is greater. In addition, any unpaid impact fee bears interest at the rate of 1% a month.

(g) A manufacturer who disputes the amount of an invoice sent under this chapter may request a hearing under § 4736 of this title.
16 Del. C. § 2209A — Delaware Code / Title 16 / Chapter 22A / Section 2209A
§ Â
        2209A. Data collection; environmental scan and needs assessment.
Status: in_force

(a) The Division must require certified recovery house operators to collect and report data to assess the effectiveness of recovery houses.

(b) Subject to subsection (c) of this section, the Division shall conduct an environmental scan and needs assessment study to determine the State’s recovery housing needs and the availability and distribution of recovery houses to meet the State’s needs.

(c) The Division shall conduct an initial study under subsection (b) of this section by August 2, 2024. After the initial study, the Division shall conduct a study at least once every 3 years.
16 Del. C. § 802D — Delaware Code / Title 16 / Chapter 8D / Section 802D
§ Â
        802D. Definitions.
Status: in_force

As used in this chapter:

(1) “Perinatal health-care provider” means a physician, midwife, advanced practice registered nurse, registered nurse, physician assistant, or other health-care practitioner acting within the lawful scope of practice while attending a person who presents in pregnancy or the postpartum period.

(2) “Perinatal mood and anxiety disorder” means a wide range of emotional and psychological reactions that a person may experience during pregnancy or after childbirth. The reactions may include: feelings of despair or extreme guilt; prolonged sadness; lack of energy; difficulty concentrating; fatigue; extreme changes in appetite; or thoughts of anxiety and worry, suicide, or harming the baby.
16 Del. C. § 5194 — Delaware Code / Title 16 / Chapter 51 / Subchapter VIII / Section 5194
§ Â
        5194. Adult Mental Health Peer Review Commission; purpose, formation, governance.
Status: in_force

(a) For the purposes of this section:

(1) “Designated psychiatric treatment facility” means as defined in § 5001 of this title.

(2) “Serious and persistent mental illness” means a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria and that has been manifest in the last year, has resulted in functional impairment which substantially interferes with or limits 1 or more major life activities, and has episodic, recurrent, or persistent features.

(3) “Treatment facility” means as defined in § 5181 of this title.

(b) There is established an Adult Mental Health Peer Review Commission, referred to in this subchapter as the “Commission.” The Commission shall provide peer review of matters relating to the provision of behavioral and mental health services in this State to adult individuals with serious and persistent mental illness and shall advise the Secretary of the Department of Health and Social Services accordingly.

(c) The scope of the Commission’s authority and review is expressly limited to review of the provision of behavioral and mental health services to those adult individuals who meet all of the following criteria:

(1) Are diagnosed with a serious and persistent mental illness.

(2) Meet 1 or more of the following additional criteria:

a. Have had an admission to the Delaware Psychiatric Center or to a private institution for mental disease in the last 2 years.

b. Have had 1 or more emergency room visits in the last year due to mental illness or substance abuse.

c. Have been arrested, incarcerated, or had any other encounter with the criminal justice system in the last year due to conduct related to serious and persistent mental illness.

d. Have been homeless for 1 year or had 4 or more episodes of homelessness in the last 3 years.

(d) Commission membership; governance. —

(1) The Commission shall be composed of the following members:

a. The Secretary of the Department of Health and Social Services, or the Secretary’s designee, who shall serve as a Co-Chair of the Commission.

b. The Director of the Division of Substance Abuse and Mental Health, or the Director’s designee.

c. The Director of the Division of Medicaid and Medical Assistance, or the Director’s designee.

d. A representative of the “protection and advocacy agency” as defined in § 5181 of this title.

e. A representative of the Delaware Psychiatric Society.

f. A representative of the Delaware Psychological Association.

g. A representative from the Mental Health Association.

h. A representative from the National Alliance on Mental Illness in Delaware.

i. A representative from the Ability Network of Delaware.

j. Two representatives of the behavioral and mental health peer community who have been trained and certified to provide peer recovery support to individuals with behavioral and mental health conditions by appointment by the Governor. For the purpose of this paragraph (d)(1)j., “peer recovery support” means services delivered by trained and certified individuals who have personal experience with mental illness and recovery to help people develop skills in managing and coping with symptoms of illness, self-advocacy, and identifying and using natural supports.

k. A representative from the Delaware Healthcare Association.

(2) The Department of Justice shall advise the Secretary of the Department of Health and Social Services on all questions relating to the nature and scope of peer review privilege relating to the Commission’s activities.

(3) To the extent possible, at least 50% of the members of the Commission must be mental health clinicians licensed to practice in this State, at least 1 of whom must be a licensed physician.

(4) The Commission shall, by affirmative vote of a majority of all members of the Commission, appoint a Co-Chair from among the licensed physicians in its membership on an annual basis.

(5) A quorum of the Commission consists of a majority of the currently serving members of the Commission.

(6) The Commission shall establish bylaws consistent with the requirements of this section, and subject to approval of the Secretary of the Department of Health and Social Services.

(e) Confidential treatment of records and meetings of the Commission.

(1) The Commission is not a “public body,” as defined in and for purposes of the Freedom of Information Act (“FOIA”), Chapter 100 of Title 29.

(2) The meetings of the Commission are closed to the public unless otherwise determined by the Chair of the Commission.

(3) The Commission shall provide an annual report to the General Assembly containing recommendations for improvements to behavioral and mental health services provided to adult individuals with a serious and persistent mental illness who may be at risk for psychiatric hospitalization.

(4) Any document received or generated by the Commission is not a “public record’' as defined in and for purposes of FOIA, and is confidential under § 1768(b) of Title 24. Notwithstanding the foregoing, documents received from the public at, agendas for, or minutes of the Commission’s public meetings shall, following appropriate legal review for confidentiality and privacy requirements, be a “public record” as defined in and for purposes of FOIA.

(5) The Commission is a “peer review committee” under § 1768(a) of Title 24.

(f) Nothing in this subchapter shall give rise to any right, entitlement, or private cause of action for civil damages or injunctive relief for any public or private party.

(g) Reporting obligations of the Department of Health and Social Services. —

The Department of Health and Social Services shall do all of the following:

(1) Provide the Commission with all critical incident reports and death reports in the Department’s possession related to behavioral and mental health-care services to adult individuals meeting the criteria in subsection (c) of this section and provided by a service provider, including services received in the community at a designated psychiatric treatment facility or at a treatment facility.

(2) Provide the Commission with copies of all investigations and reports, including root cause analyses and corrective action plans generated by the Department or any service provider who has a contract with the Department to provide behavioral and mental health services related to a critical incident report or death report of an adult individual meeting the criteria in subsection (c) of this section.

(h) The Commission may not direct, nor interfere with, any state agency or service provider’s internal review process for investigating and evaluating critical incidents and deaths.

(i) The Commission may not direct Department of Health and Social Services resources, personnel, or activities, but may provide advice and recommendations to the Department as the Commission determines to be appropriate.
16 Del. C. § 140B — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 140B
§ Â
        140B. Default beverages offered in childrenâs meals.
Status: in_force

(a) A restaurant offering children’s meals for sale that include a beverage must offer as a default beverage with the children’s meal 1 or more of the following:

(1) Water, sparkling water, or flavored water that has no added sugar, corn syrup, or other natural or artificial sweeteners.

(2) Flavored or unflavored whole milk, nonfat or low-fat 1% or 2% dairy milk or no-dairy beverage that is nutritionally equivalent to fluid milk in a serving of 8 ounces or less.

(3) One hundred percent fruit juice or vegetable juice, combination of fruit juice and vegetable juice, or fruit juice or vegetable juice combined with water or carbonated water that has no added natural or artificial sweetener, in a serving size of 8 ounces or less.

(b) For purposes of this section:

(1) “Children’s meal” means a combination of food and beverage, sold together at a single price by a restaurant, primarily intended for consumption by children.

(2) “Default beverage” means a beverage automatically included or offered as part of a children’s meal absent a specific request for a substitute or alternate beverage by the purchaser of the children’s meal.

(3) “Restaurant” means a commercial establishment that serves food to customers for consumption on or off the premises.

(c) The Department shall promulgate and enforce standards to regulate this section as empowered under § 122(3)u.1. of this title. The standards shall reflect that enforcement of this section, when considered separate from other violations, may not result in fines, fees or other monetary penalties.

(d) Nothing in this section shall prohibit a restaurant from selling, or a customer from purchasing, an alternative to the default beverage if requested by the purchaser of the children’s meal.
16 Del. C. § 6813 — Delaware Code / Title 16 / Chapter 68 / Subchapter II / Section 6813
§ Â
        6813. Enforcement.
Status: in_force

(a) No person or agency shall intentionally or knowingly refuse to release any information requested pursuant to 6811(a) or (b) of this title.

(b) No person shall intentionally or knowingly refuse to release to authorized agencies relevant information pursuant to 6811(b) of this title.

(c) No person shall fail to hold in confidence information required to be held in confidence by § 6812 of this title.
16 Del. C. § 302 — Delaware Code / Title 16 / Chapter 3 / Section 302
§ Â
        302. Officers; meetings; quorum; secretary.
Status: in_force

(a) The local boards of health shall elect annually from among their own members a president and a secretary. The local board shall meet not less than once in every 3 months. A majority of the local board shall form a quorum to do business; a less number may adjourn.

(b) The secretary of the local board shall keep the minutes of the meetings of the local board, and shall perform all such duties as shall be assigned to the secretary by the local board, for which services the secretary shall receive such compensation as the city council or commissioners of the respective cities or towns may determine.
16 Del. C. § 6605C — Delaware Code / Title 16 / Chapter 66C / Section 6605C
§ Â
        6605C. Penalties for noncompliance; enforcement.
Status: in_force

(a) The Justice of the Peace Court has jurisdiction over violations of this section.

(b) It is unlawful for an owner or tenant of a lodging establishment required to have carbon monoxide detection devices under this chapter to fail to comply with this chapter. Violation of this subsection is punishable by a civil fine of not less than $100 nor more than $500 for each offense.

(c) It is unlawful to tamper with, damage, destroy, or render inoperative any carbon monoxide detection devices required under this chapter. Violation of this subsection is punishable by a civil fine of not less than $100 nor more than $500 for each offense.

(d) The State Fire Marshal may take the following actions under this chapter:

(1) Promulgate rules and regulations necessary to implement the provisions of this chapter.

(2) Issue a summons, where necessary, to the owner, the tenant, and the occupant of such lodging establishment, for an appearance in the nearest Justice of the Peace Court when a fire department responds to an alarm of any type at a lodging establishment required to have carbon monoxide detection devices under this chapter and such establishment does not have carbon monoxide detection devices or has carbon monoxide detection devices that are inoperable, not in service, or not installed or maintained as required under this chapter.

(3) Investigate a complaint that a lodging establishment required to have carbon monoxide detection devices under this chapter does not have carbon monoxide detection devices or has carbon monoxide detection devices that are inoperable, not in service, or not installed or maintained as required under this chapter.

(e) Each fine collected under this section must be remitted to the State Fire Marshal’s Office in accordance with § 6612 of this title, which provisions must be complied with in implementing the requirements of this chapter, except that the fines are collected within the jurisdictions of the cities of Wilmington, Newark, Dover, or New Castle must be remitted to the appropriate political subdivision. All receipts must be used to subsidize the costs of providing a greater public awareness of the ramifications of not having carbon monoxide detectors.

(f) The State Fire Marshal’s Office shall be the statewide manager and agency for all public awareness programs generated by the proceeds of the fines collected under this section.

(g) In addition to other remedies provided by this section, the State Fire Marshal or the Attorney General may, in addition to other remedies provided by this section, institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent any continued violations of this chapter.
16 Del. C. § 6620 — Delaware Code / Title 16 / Chapter 66 / Subchapter III / Section 6620
§ Â
        6620. School attendance fees.
Status: in_force

The Director with the consent and approval of the State Fire Prevention Commission may fix and collect admission fees and other fees that it may deem necessary to be charged for training given, and it is expressly provided that all such fees so collected by the State Fire School shall not affect the state appropriation or be deducted there from, but shall be so much additional moneys available for the operation and maintenance of said institution, and the said fees shall be paid to the State Treasury for accounting and deposit in a special fund in the State Treasury.
16 Del. C. § 9209 — Delaware Code / Title 16 / Chapter 92 / Section 9209
§ Â
        9209. Release of collateral.
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 a participating facility, including any refunding bonds issued to refund and refinance such bonds, have been fully paid and retired or when adequate provision has 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 releases and documents as are necessary and required to release securities held as collateral by a trustee or trustees pursuant to the trust agreement to such participating facility, which facility had pursuant to the trust agreement, deposited and turned over such securities to a trustee or trustees in order to assure the full payment and retirement of said bonds, free and clear of all liens and encumbrances, all to the extent that title to such securities shall not, at the time, then be vested in such participating facility.
16 Del. C. § 3001N — Delaware Code / Title 16 / Chapter 30N / Section 3001N
§ Â
        3001N. Provision of information relating to Lyme disease.
Status: in_force

(a) A health-care provider who draws the blood of a patient to perform a laboratory test for Lyme disease shall provide the patient with the following written notice, or a substantially similar notice, at the time the patient’s blood is drawn:

“Your health-care provider has ordered a laboratory test for the presence of Lyme disease for you. Current laboratory testing for Lyme disease, like all standard laboratory tests, can result in false negatives and false positives. If you continue to experience unexplained symptoms, you should contact your health-care provider and inquire about the appropriateness of retesting or initial or additional treatment.”

(b) Notwithstanding any other law, this section does not create a cause of action or create a standard of care, obligation, or duty that provides a basis for a cause of action.

(c) The information required by this section or evidence that a person violated this section is not admissible in a civil, judicial, or administrative proceeding.
16 Del. C. § 3005A — Delaware Code / Title 16 / Chapter 30A / Subchapter I / Section 3005A
§ Â
        3005A. Senior certified nursing assistant certification.
Status: in_force

Any certified nursing assistant may pursue designation as a senior certified nursing assistant, and shall be so designated if such individual meets the following requirements:

(1) Has been a certified nursing assistant in good standing for a minimum of 3 years;

(2) Has successfully completed an additional 50 hours of instruction in an approved program featuring a curriculum specified by the Department; and

(3) Has passed a competency test issued pursuant to the guidelines delineated by the Department.
16 Del. C. § 2725 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2725
§ Â
        2725. Collaboration between departments and organ procurement organizations.
Status: in_force

(a) The Department of Transportation, in consultation with the OPO, shall establish an annual education program for employees of the Department of Transportation. The program shall focus on:

(1) Benefits associated with organ and tissue donations;

(2) Scope and operation of the State’s donor program; and

(3) How the employees can:

a. Effectively inform the public about the donor program; and

b. Best assist those wishing to designate as donors, including use of the Donate Life Delaware Registry.

(b) State agencies are encouraged to collaborate with the OPO on initiatives designed to enhance awareness of organ and tissue donation and may collaborate with the OPO in applying for federal, state or private grants.
16 Del. C. § 9951 — Delaware Code / Title 16 / Chapter 99 / Subchapter VI / Section 9951
§ Â
        9951. Definitions.
Status: in_force

As used in this subchapter:

(1) “Board” means the Diamond State Hospital Cost Review Board established by § 9952 of this title.

(2) “Core CPI” means as defined in § 2503 of Title 18.

(3) “Hospital” means as defined in § 1001 of this title, except that hospitals that exclusively provide psychiatric services, rehabilitative services, or long-term acute care services are excluded from the application of this subchapter.

(4) “Insurer” means as defined in § 9903 of this title.

(5) “Manual” means the Uniform Reporting Manual for Budget Submissions to be adopted by regulation by the Board to ensure the consistency of information provided by hospitals under this subchapter.

(6) “Meaningful Cost Containment Arrangement” means, with respect to the applicable benchmark compliance plan year, any of the following:

a. A Medicare or Medicaid Global Budget Arrangement.

b. A Substantial Financial Downside Risk Arrangement.

c. Any other qualifying written agreement approved by the Board on application of a hospital under § 9953(d)(7)c. of this title.

(7) “Medicare or Medicaid Global Budget Arrangement” means a written agreement among Medicare, Medicaid, or other applicable federal or state governmental payer authorities or public programs; a hospital, health system or affiliate; and, as applicable, any necessary third-party payers that is designed to cover the projected costs of hospital-based care for a defined patient population covering at least 50% of the hospital’s historical patient volumes and representing at least 3% of the hospital’s net patient revenue at risk for the applicable benchmark compliance plan year, reflecting a historical baseline calculation adjusted for inflation, demographic shifts, risk adjustment, and other factors for a defined performance period.

(8) “Payer” means as defined in § 9903 of this title.

(9) “Public programs” means as defined in § 9903 of this title.

(10) “Purchaser” means any governmental entity or unit, which offers coverage on a self-insured basis, or any employer that is self-insured within the definitions of the Employee Retirement Income Security Act (ERISA) [29 U.S.C. § 1001 et seq.].

(11) “Spending benchmark” means as defined in § 9903 of this title.

(12) a. “Substantial Financial Downside Risk Arrangement” means, for the applicable benchmark compliance year, 1 or more written agreements between a payer, purchaser, or insurer and a hospital, health system, or affiliate for providing health-care services to a defined patient population that provide all of the following:

1. That total annual costs are not less than 3% of the hospital’s net patient revenue.

2. That a minimum of 10% of the total annual costs for the defined patient population are at risk to the hospital.

3. That, for any hospital having an annual operating budget greater than $1,000,000,000, a minimum of 5,000 covered patient lives are subject to the agreement.

b. The Board may, by regulation, increase the amounts or percentages set forth in paragraphs (12)a.1., a.2., or a.3. of this section.

(13) “Total annual costs” means the aggregate yearly health-care costs of a defined patient population in a Meaningful Cost Containment Arrangement in the applicable benchmark compliance year.
16 Del. C. § 4107 — Delaware Code / Title 16 / Chapter 41 / Section 4107
§ Â
        4107. Enforcement agency.
Status: in_force

The Department of Agriculture shall be charged with the enforcement of this chapter and may bring action in the Superior Court. Nothing contained in this section shall be construed to prevent any individual from prosecuting anyone violating this chapter or of rules or regulations made pursuant to § 4102 of this chapter in the Superior Court.
16 Del. C. § 4714 — Delaware Code / Title 16 / Chapter 47 / Subchapter II / Section 4714
§ Â
        4714. Schedule I.
Status: repealed

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

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

(1) Acetylmethadol;

(2) Allylprodine;

(3) Alphacetylmethadol (except levo-alphacetylmethadol also known as levo-alpha-acetylmethadol, levomethadyl acetate or “LAAM”);

(4) Alphameprodine;

(5) Alphamethadol;

(6) Benzethidine;

(7) Betacetylmethadol;

(8) Betameprodine;

(9) Betamethadol;

(10) Betaprodine;

(11) Clonitazene;

(12) Dextromoramide;

(13) Dextrorphan;

(14) Diampromide;

(15) Diethylthiambutene;

(16) Dimenoxadol;

(17) Dimepheptanol;

(18) Dimethylthiambutene;

(19) Dioxaphetyl butyrate;

(20) Dipipanone;

(21) Ethylmethylthiambutene;

(22) Etonitazene;

(23) Etoxeridine;

(24) Furethidine;

(25) Hydroxypethidine;

(26) Ketobemidone;

(27) Levomoramide;

(28) Levophenacylmorphan;

(29) Morpheridine;

(30) Noracymethadol;

(31) Norlevorphanol;

(32) Normethadone;

(33) Norpipanone;

(34) Phenadoxone;

(35) Phenampromide;

(36) Phenomorphan;

(37) Phenoperidine;

(38) Piritramide;

(39) Proheptazine;

(40) Properidine;

(41) Racemoramide;

(42) Trimeperidine;

(43) Difenoxin;

(44) Propiram;

(45) Tilidine;

(46)-(59) [Repealed.]

(60) Any fentanyl-related substances including any substance not otherwise controlled in any schedule that is structurally related to fentanyl by one or more of the following modifications:

a. Replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;

b. Substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;

c. Substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups;

d. Replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle;

e. Replacement of the N-propionyl group by another acyl group; and

f. Any modifications not as listed above.

(c) Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(1) Acetorphine;

(2) Acetyldihydrocodeine;

(3) Benzylmorphine;

(4) Codeine methylbromide;

(5) Codeine-N-Oxide;

(6) Cyprenorphine;

(7) Desomorphine;

(8) Dihydromorphine;

(9) Etorphine;

(10) Heroin;

(11) Hydromorphinol;

(12) Methyldesorphine;

(13) Methyldihydromorphine;

(14) Morphine methylbromide;

(15) Morphine methylsulfonate;

(16) Morphine-N-Oxide;

(17) Myrophine;

(18) Nicocodeine;

(19) Nicomorphine;

(20) Normorphine;

(21) Pholcodeine;

(22) Thebacon; and

(23) Drotebanol.

(d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) 3,4-methylenedioxy amphetamine;

(2) 5-methoxy-3,4-methylenedioxy amphetamine;

(3) 3,4,5-trimethoxy amphetamine;

(4) Bufotenine;

(5) Diethyltryptamine;

(6) Dimethyltryptamine;

(7) 4-methyl-2,5-dimethoxylamphetamine;

(8) Ibogaine;

(9) Lysergic acid diethylamide;

(10) Mescaline;

(11) Peyote;

(12) N-ethyl-3-piperidyl benzilate;

(13) N-methyl-3-piperidyl benzilate;

(14) Psilocybin;

(15) Psilocyn;

(16) Thiophene Analog of Phencyclidine;

(17) Ethylamine Analog of Phencyclidine;

(18) Pyrrolidine Analog of Phencyclidine;

(19) Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers and is not approved for use by the US Food and Drug Administration;

(20) Parahexyl

(21) 3,4-methylenedioxymethamphetamine (MDMA), its optical, positional and geometric isomers, salts and salts of isomers;

(22) 2, 5-Dimethoxy-4-ethylamphetamine (DOET);

(23) Alpha-ethyltrytamine;

(24) Salvia divinorum;

(25) Salvinorin A; and

(26) [Repealed.]

(e) Any material, compound, mixture or preparation which contains any quantity of the following depressant substances, including their salts, isomers and salts of isomers unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific designation:

(1) Methaqualone.

(2) Gamma Hydroxybutyrate (GHB).

(f) Any material, compound, mixture or preparation which contains any quantity of the following stimulant substances, including their salts, isomers and salts of isomers unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific designation:

(1) Fenethylline;

(2) N-Ethylamphetamine;

(3) Cathinone;

(4) Methcathinone;

(5) Aminorex; and

(6) Synthetic cathinone, which means a substance containing 1 or more of the following chemical compounds:

a. Mephedrone (also known as 4-MMC; 4-Methylephedrone; and 2-(methylamino)-1-(4-methylphenyl)-1-propanone);

b. MDPV (also known as Methylenedioxy Pyrovalerone; 3,4-methylenedioxypyrovalerone; and 1-(1,3-benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone);

c. Methylone (also known as M1; bk-MDMA; 3,4-Methylenedioxy-N-methylcathinone; and 1-(1,3-benzodioxol-5-yl)-2-(methylamino)-1-propanone);

d. Naphyrone (also known as O-2482; NRG-1; Naphpyrovalerone; Î²-Naphyrone; and 1-(2-naphthalenyl)-2-(1-pyrrolidinyl)-1-pentanone);

e. Flephedrone (also known as 4-FMC; and 1-(4-fluorophenyl)-2-(methylamino)propan-1-one);

f. Methedrone (also known as 4-Methedrone; Methoxyphedrine; PMMC; para-Methoxymethcathinone; 4-methoxymethcathinone; and 1-(4-methoxyphenyl)-2-(methylamino)-1-propanone; 4-methoxy methcathinone);

g. Ethcathinone (also known as Ethylpropion, N-ethylcathinone and 2-ethylaminopropiophenone; Î²k-Ethylamphetamine; 2-ethylaminopropiophenone; and 2-ethylamino-1-phenyl-propan-1-one, N-ethylcathinone);

h. Ethylone (also known as 3,4-methylenedioxy-N-ethylcathinone; MDEC; Î²k-MDEA; and (RS)-1-(1,3-benzodioxol-5-yl)-2-(ethylami-no)propan-1-one);

i. Butylone (also known as Î²-keto MBDB; and 1-(1,3-benzodioxol-5-yl)-2-(methylamino)-1-butanone);

j. Metamfepramone (also known as N,N-Dimethylcathinone; and 2-(dimethylamino)-1-phenyl-1-propanone);

k. Alpha-PPP (also known as Î±-Pyrrolidinopropiophenone; and 1-phenyl-2-(1-pyrrolidinyl)-1-propanone);

l. MOPPP (also known as 4′-Methoxy-α-pyrrolidinopropiophenone; and 1-(4-methoxyphenyl)-2-(pyrrolidin-1-yl)propan-1-one);

m. MDPPP (also known as 3′,4′-Methylenedioxy-α-pyrrolidinopropiophenone; and 1-(1,3-benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-propanone);

n. Alpha-PVP (also known as Î±-Pyrrolidinopentiophenone; Î±-PVP; O-2387; alpha-PVP; and 1-phenyl-2-(1-pyrrolidinyl)-1-pentanone);

o. 3-FMC (also known as 3-Fluoromethcathinone; and 1-(3-fluorophenyl)-2-(methylamino)propan-1-one);

p. MPBP (also known as 4′-Methyl-α-pyrrolidinobutiophenone; and (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-butanone); and

q. Methcathinone (also known as Î±-methylamino-propiophenone; Ephedrone (Europe); and (RS)-2-(methylamino)-1-phenyl-propan-1-one).

(g) Any synthetic cannabinoid, which means any material containing any compound, mixture, or preparation that is not a federal Food and Drug Administration (FDA) approved drug and is chemically synthesized to produce a psychotropic response by binding at 1 or more cannabinoid receptors. Synthetic cannabinoid classes include all of the following:

(1) Naphthoylindoles. —

Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cyc1oalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes all of the following:

a. JWH 018.

b. JWH 019.

c. JWH 073.

d. JWH 081.

e. JWH 122.

f. JWH 200.

g. JWH 398.

h. AM2201.

i. WIN 55,212.2.

(2) Naphthylmethylindoles. —

Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2piperidinyl)methyl, or 2-(4-morpho-linyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes all of the following:

a. JWH 175.

b. JWH 184.

(3) Naphthoylpyrroles. —

Any compound containing a 3-(1naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes JWH 307.

(4) Naphthylmethylindenes. —

Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent. This structural class includes JWH 176.

(5) Phenylacetylindoles. —

Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. This structural class includes all of the following:

a. RCS-8 (SR-18).

b. JWH 250.

c. JWH 203.

d. JWH 251.

e. JWH 302.

(6) Cyclohexylphenols. —

Any compound containing a 2-(3hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent. This structural class includes all of the following:

a. CP 47,497.

b. CP 55,940.

(7) Benzoylindoles. —

Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. This structural class includes all of the following:

a. AM694.

b. RCS-4 (SR-19).

c. AM679.

(8) Adamantoylindoles. —

Any compound containing a 3-(1adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the adamantyl ring system to any extent. This structural class includes AM1248.

(h) Any material, compound, mixture, or preparation that contains any quantity of tianeptine including its salts, isomers and salts of isomers unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible.
16 Del. C. § 1161 — Delaware Code / Title 16 / Chapter 11 / Subchapter VII / Section 1161
§ Â
        1161. Definitions.
Status: in_force

For purposes of this subchapter:

(1) “Advanced practice nurse” means an individual whose education and certification meet the criteria outlined in Chapter 19 of Title 24, and who is certified in at least 1 of the following specialty areas:

a. Adult nurse practitioner.

b. Gerontological clinical nurse specialist.

c. Gerontological nurse practitioner.

d. Psychiatric/mental health clinical nurse specialist.

e. Family nurse practitioner.

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

(3) “Direct care” means an activity performed by a nursing services direct caregiver that is specific to a resident. Direct care activities are as follows:

a. “Hands-on” treatment or care, including assistance with activities of daily living (e.g., bathing, dressing, eating, range of motion, toileting, transferring, ambulation); medical treatments; and medication administration.

b. Physical and psychosocial assessments.

c. Documentation, if conducted for treatment or care purposes.

d. Care planning.

e. Communication with a family member or a health-care professional or entity, regarding a specific resident.

(4) “Division” means the Division of Health Care Quality.

(5) “Nursing services direct caregivers” means certified nursing assistants, licensed practical nurses, registered nurses, advanced practice nurses, and nursing supervisors when and only when providing direct care of residential health facility residents. The director of nursing (“DON”), assistant director of nursing (“ADON”), or registered nurse assessment coordinator (“RNAC”) may be designated as a nursing services direct caregiver and counted in the direct care hours and minimum staffing ratios when exigent circumstances require that they discontinue their administrative and managerial duties in order to provide direct care. Within 24 hours of the exigent circumstance that requires the DON, adon, or RNAC provide direct care, the facility shall notify the Division in writing of this emergency situation and provide documentation of the amount of direct care time that was provided by the DON, adon, or rnac.

(6) “Nursing supervisor” means an advanced practice nurse or registered nurse who is assigned to supervise and evaluate nursing services direct caregivers no less than 25% of the nursing supervisor’s time per shift. Up to 75% of the nursing supervisor’s time per shift may be spent providing direct care. Registered nurses (“RN”) holding the following positions may provide the supervision required of a nursing supervisor, and the supervision may be counted towards the minimum 25% supervision required per shift:

a. Director of nursing (“DON”).

b. Assistant director of nursing (“ADON”).

c. Registered nurse assessment coordinator (“RNAC”).

d. Director of in-service education (RN).

e. Quality improvement coordinator nurse (if an RN).

f. Nursing home administrator (if an RN).

An individual serving as a nursing supervisor must be an employee of the facility, thus excluding temporary employment agency personnel from serving in this capacity unless exigent circumstances exist. The term “exigent circumstances” means a short-term emergency or other unavoidable situation, and all reasonable alternatives to the use of a temporary employee as a nursing supervisor have been exhausted. Within 24 hours of the exigent circumstances that require the use of temporary employment agency staffing to fill a nursing supervisor position in a residential health facility, the facility shall notify the Division in writing of the exigent circumstances and the expected duration. For any shift that exceeds the minimum RN/LPN shift ratio mandated by § 1162 of this title, the amount of RN time that exceeds the minimum ratio may be counted towards the minimum 25% supervision required for that shift; provided, however, that said RN time was dedicated to supervisory functions. For those facilities that are not required by state or federal regulations to have a registered nurse on duty on each shift, a licensed practical nurse with 3 years long-term care experience may serve as a nursing supervisor, provided that no registered nurse is on duty. There shall be a nursing supervisor on duty and on-site at all times. By June 1, 2002, the Nursing Home Residents Quality Assurance Commission shall issue to the Governor and to the General Assembly a report evaluating the requirement that nursing supervisors spend a minimum of 25% of their time on supervisory functions. The purpose of the report is to determine if the required minimum amount of supervision time is appropriate and necessary, and whether it should be adjusted.

(7) “Residential health facility” means any facility that provides long-term health-related care and nursing services to individuals who do not require the degree of care and treatment that a hospital is designed to provide. These are those facilities, licensed pursuant to this chapter, that provide any of the following:

a. Skilled nursing services to persons who require medical or nursing care.

b. Nursing services above the level of room and board to those who, because of a mental or physical condition, routinely require these services.

Also included are units, licensed pursuant to this chapter, of facilities that provide active treatment and health and rehabilitation services to persons with developmental disabilities or related conditions, in which care is delivered to residents in accordance with medical plans of care. This definition does not include group homes for persons with developmental disabilities, persons with mental illness, or persons with AIDS, rest family care homes, neighborhood homes, rest/residential health facilities, assisted living facilities and intermediate care facilities that, as of March 1, 1999, were solely private pay, provided they remain exclusively intermediate care facilities.
16 Del. C. § 4917A — Delaware Code / Title 16 / Chapter 49A / Section 4917A
§ Â
        4917A. Local ordinances.
Status: in_force

Nothing shall prohibit local governments from enacting ordinances or regulations not in conflict with this chapter or with Commissioner regulations regulating the time, place, and manner of registered compassion center operations and registered safety compliance facilities, provided that no local government may prohibit registered compassion center operation altogether, either expressly or though the enactment of ordinances or regulations which make registered compassion center and registered safety compliance facility operation unreasonably impracticable in the jurisdiction.
16 Del. C. § 2216 — Delaware Code / Title 16 / Chapter 22 / Section 2216
§ Â
        2216. Discharge by the facility.
Status: in_force

Notwithstanding the pendency of the action or any order previously entered by the court, if at any time after the petition is filed the staff of the facility determines that the involuntary patient is no longer in need of involuntary treatment, the facility may so certify in writing and discharge the patient, and shall promptly notify the court of its discharge, and the court may dismiss the action.
16 Del. C. § 1009 — Delaware Code / Title 16 / Chapter 10 / Subchapter I / Section 1009
§ Â
        1009. Construction.
Status: in_force

(a) All construction, whether new or renovation, must conform to the design and construction standards established by the Department.

(1) A “renovation” is:

a. The strengthening or upgrading of building elements, materials, equipment, or fixtures that does not result in a reconfiguration of the building spaces within; or

b. Any reconfiguration of a space that affects an exit, a corridor, or any component of a means of egress; or

c. Work that changes the current designated purpose or occupancy classification of a building space.

(2) Cosmetic changes such as repainting or changing carpeting are not considered renovations.

(b) When a hospital plans to construct or renovate any buildings or spaces within a building, 2 copies of properly-prepared plans and specifications for the entire project shall be submitted to the Department.

(c) An approval, in writing, shall be obtained from the Department before construction or renovation work is begun.

(d) Hospitals wishing to construct or renovate must apply to the Department and submit the appropriate fee for approval. The fee structure for plan review shall be as follows:

New Construction

Renovations

(e) After the hospital has submitted all required documentation, the Department shall review the submission within a timeframe agreed upon by both parties.

(f) Hospitals failing to complete the plan review process and receive approval prior to construction or renovation shall be subject to a $5,000 fine for each project.

(g) Any licensure fees or fines collected by the Department pursuant to this section are hereby appropriated to, and shall be retained by, the Department to defray operating expenses associated with this chapter.
16 Del. C. § 9005 — Delaware Code / Title 16 / Chapter 90 / Section 9005
§ Â
        9005. Subsidy contract â Authorization; conditions for payments.
Status: in_force

(a) The issuing officers, upon receipt of a written favorable recommendation from the Department, shall determine the amount, terms, form and content of the subsidy contract. In making their determination, the issuing officers shall not approve a subsidy contract unless the reasonably expected cost of the eligible project, as determined by the Department, does not exceed the sum of $5,000,000; provided, however, that if the cost of such eligible project does exceed this amount, the issuing officers shall approve a subsidy contract for the first $5,000,000 of cost of the eligible project.

(b) The subsidy contract shall provide for payments on an annual basis in an amount not to exceed the difference between the yield on the loan obtained through the Delaware Health Facilities Authority and 25 basis points above the yield on the immediately preceding issue of state general obligation bonds. The issuing officers may, however, take into account in determining the yield, the amount of loan closing costs, if any, incurred by the health facilities corporation that could have been avoided if the loan were being made by the State. The determinations of yield by the issuing officers shall be conclusive.
16 Del. C. § 4795 — Delaware Code / Title 16 / Chapter 47 / Subchapter VII / Section 4795
§ Â
        4795. Jurisdiction [For application of this section, see 80 Del. Laws, c. 38, Ââ6].
Status: in_force

(a) The Superior Court shall have original and exclusive jurisdiction over any violation of this chapter by persons 18 years of age or older.

(b) The provisions of subsection (a) of this section or any other law to the contrary notwithstanding, the Court of Common Pleas shall have original jurisdiction over any violation of the following by persons 18 years of age or older:

(1) Section 4761(a) of this title.

(2) Section 4763 of this title.

(3) Section 4764(b) and (d) of this title, except as specified in subsection (e) of this section.

(4) Section 4771 of this title, except where jurisdiction over the civil penalty resides in the Justice of the Peace Court pursuant to subsection (c) of this section.

(c) The Justice of the Peace Court shall have original jurisdiction over any violation of the following by persons 18 years of age or older:

(1) Section 4764(c) of this title, except as specified in subsection (e) of this section.

(2) Section 4774(b) of this title.

(d) The Family Court shall have original and exclusive jurisdiction over violations of this chapter by persons under age 18.

(e) Conduct that constitutes a violation of § 4764 of this title that is alleged to have occurred within the City of Newark by persons 18 years old or older may by brought initially before the Alderman’s Court of the City of Newark pursuant to an ordinance of the City of Newark that criminalizes conduct that constitutes a violation of § 4764(b) or (d) of this title or that imposes a civil penalty for conduct that constitutes a violation of § 4764(c) of this title.

(1) The Alderman’s Court of the City of Newark and the Court of Common Pleas have concurrent jurisdiction over violations of an ordinance of the City of Newark that criminalizes conduct that constitutes a violation of § 4764(b) and (d) of this title that are committed within the City of Newark by persons 18 years of age and older.

(2) The Alderman’s Court of the City of Newark and the Justice of the Peace Court have concurrent jurisdiction over violations of an ordinance of the City of Newark that imposes a civil penalty for conduct that constitutes a violation of § 4764(c) of this title that are committed within the City of Newark by persons 18 years of age and older.
16 Del. C. § 3004B — Delaware Code / Title 16 / Chapter 30B / Section 3004B
§ Â
        3004B. Eligibility.
Status: in_force

To be eligible for the Program an individual must meet all of the following:

(1) Be a U.S. citizen or a lawfully admitted alien.

(2) Have income that is less than 200% of the Federal Poverty Level (FPL) or have prescription drug expenses that exceed 40% of the individual’s annual income.

(3) Be a resident of this State.

(4) Be ineligible for Medicaid prescription benefits.

(5) Be ineligible for or not receiving a prescription drug benefit or any third party payer prescription benefit, excluding Medicare Part D coverage.

(6) Be enrolled in Medicare Part D and Medicare Part D Low Income Subsidy, if eligible, or qualify for a Medicare Part D Special Enrollment Period as an eligible person under the Program

(7) Be an individual aged 65 or over or be an individual between the ages 19 and 64 who is otherwise eligible for benefits under Title II of the Social Security Act (Federal Old Age, Survivors and Disability Insurance Benefits) (42 U.S.C. § 401 et seq.).
16 Del. C. § 98A-111 — Delaware Code / Title 16 / Chapter 98A / Section 98A-111
§ Â
        98A-111. Coordinated database.
Status: in_force

A. The Commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action, and significant investigatory information on all licensed individuals in member states.

B. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the coordinated database on all individuals to whom this Compact is applicable as required by the rules of the Commission, including all of the following:

1. Identifying information.

2. Licensure data.

3. Significant investigatory information.

4. Adverse actions against an individual’s license.

5. An indicator that an individual’s privilege to practice is restricted, suspended, or revoked.

6. Nonconfidential information related to alternative program participation.

7. Any denial of application for licensure and the reason for the denial.

8. Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.

C. The coordinated database administrator shall promptly notify all member states of any adverse action taken against, or significant investigative information on, any individual in a member state.

D. Member states contributing information to the coordinated database may designate information that may not be shared with the public without the express permission of the contributing state.

E. Any information submitted to the coordinated database that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the coordinated database.
16 Del. C. § 2106 — Delaware Code / Title 16 / Chapter 21 / Section 2106
§ Â
        2106. Tagging; regulations and prohibitions.
Status: in_force

(a) Each and every mattress or article covered by this chapter, other than a feather or down filled pillow, bolster, bed or comforter, shall bear securely attached thereto and visible on the outside covering a tag of cloth or other substantial material upon which shall be plainly and indelibly stamped or printed in English:

(1) A statement showing the kind of materials used in filling the mattress or article and whether the materials used in filling are wholly new or secondhand or partly secondhand;

(2) The word “secondhand” upon any article of which prior use has been made;

(3) The number of the permit issued for sterilizing and disinfecting; and

(4) The registry number used in applying and enforcing the tagging and inspection provisions of this chapter.

(b) Each and every pillow or other article covered by this chapter in which feathers or down are used shall bear securely attached thereto and visible on the outside covering a substantial cloth tag upon which shall be plainly and indelibly stamped or printed in English:

(1) A statement that the feathers or down have been sterilized and disinfected in accordance with this chapter;

(2) The number of the permit issued for sterilizing and disinfecting the feathers or down;

(3) The word “secondhand” upon a feather or down filled article of which prior use has been made; and

(4) The registry number used in applying and enforcing the tagging and inspection provisions of this chapter.

(c) No additional information shall be contained in the statements. The statement of materials used in filling must be in plain type not less than one-eighth inch in height. The tag required by this chapter to be attached to any article covered by this chapter shall be not less than 6 square inches in size.

(d) The word “felt,” or words of like import if any other than garnetted materials are used in filling, or the words “curled hair,” or words of like import if other than curled hair is used in filling, shall not be used exclusively in the statement concerning any mattress, pillow, bolster or comfortable.

(e) No person shall make any false, untrue or misleading statement, term or designation on the tag or remove, deface, alter or in any manner attempt to remove, deface or alter the tag required by this chapter or cause to be removed, defaced or altered any statement on a tag placed upon any article included in this chapter.
16 Del. C. § 2102 — Delaware Code / Title 16 / Chapter 21 / Section 2102
§ Â
        2102. Sterilization and disinfection of materials â Required.
Status: in_force

No person shall employ or use in the making or renovating of any mattress, pillow, bolster, featherbed or comfortable:

(1) Any material known as “shoddy” or any fabric or material from which shoddy is constructed;

(2) Any secondhand material;

(3) Any new or secondhand feathers, unless such shoddy, secondhand material or new or secondhand feathers have been sterilized and disinfected by a reasonable process approved by the Department of Health and Social Services.
16 Del. C. § 907A — Delaware Code / Title 16 / Chapter 9 / Subchapter I / Section 907A
§ Â
        907A. Safe Arms for Babies.
Status: repealed

(a) The General Assembly finds and declares all of the following:

(1) The abandonment of a baby is an irresponsible act by a parent and places the baby at risk of injury or death from exposure, actions by other individuals, and harm from animals.

(2) Delivering a live baby to a safe place is far preferable to a baby being killed or abandoned by a parent.

(3) The purpose of this section is not to circumvent the responsible action of a parent who adheres to the process of placing a baby for adoption, but to prevent the unnecessary risk of harm to or death of that baby by a desperate parent who would otherwise abandon or cause the death of that baby.

(4) Medical information about the baby and the baby’s parents is critical for the adoptive parents and every effort should be made, without risking the safe placement of the baby, to obtain that medical information and provide counseling information to the parents.

(5) If this section does not result in the safe placement of babies or is abused by a parent attempting to circumvent the process of adoption, it should be repealed.

(b) If a baby is surrendered alive and unharmed, an individual may voluntarily surrender the baby directly to an employee or volunteer of 1 of the following designated safe havens:

(1) An emergency department of a hospital, inside the emergency department.

(2) A police station, inside the police station. For the purposes of this paragraph (b)(2), “police station” does not include a Delaware State Police station.

(c) (1) A safe haven under subsection (b) of this section may take temporary emergency protective custody of a baby who is surrendered under this section.

(2) Except as otherwise required under paragraph (c)(4) of this section, a safe haven under subsection (b) of this section may not ask or require an individual who surrenders the baby to provide any information pertaining to the individual’s identity.

(3) If the identity of the individual is known to the safe haven under subsection (b) of this section, the safe haven shall keep the identity confidential.

(4) A safe haven under subsection (b) of this section shall do 1 of the following:

a. Make reasonable efforts to directly obtain pertinent medical history information pertaining to the baby and the baby’s family.

b. Attempt to provide the individual with a postage paid medical history information questionnaire.

(d) A safe haven under subsection (b) of this section shall attempt to provide the following to an individual surrendering a baby at the safe haven:

(1) Information about the Safe Arms Program.

(2) Information about adoption and counseling services, including information that confidential adoption services are available and information about the benefits of engaging in a regular, voluntary adoption process.

(3) Brochures with telephone numbers and websites for public or private agencies that provide counseling or adoption services.

(e) A safe haven under subsection (b) of this section shall attempt to provide an individual surrendering a baby with the number of the baby’s identification bracelet to aid in linking the individual to the baby at a later date, if reunification is sought. The identification number is an identification aid only and does not permit the individual possessing the identification number to take custody of the baby on demand.

(f) If an individual possesses an identification number linking the individual to a baby surrendered at a safe haven under subsection (b) of this section and parental rights have not already been terminated, possession of the identification number creates a presumption that the individual has standing to participate in an action. Possession of the identification number does not create a presumption of maternity, paternity, or custody.

(g) (1) A safe haven under subsection (b) of this section that takes a baby into temporary emergency protective custody under this section shall immediately notify the Department and the State Police of the safe haven’s actions.

(2) The Department shall obtain ex parte custody and physically appear at the safe haven under subsection (b) of this section within 4 hours of notification under this subsection unless there are exigent circumstances.

(3) Immediately after being notified of the surrender, the State Police shall submit an inquiry to the Missing Children Information Clearinghouse established under subchapter III of Chapter 85 of Title 11.

(h) The Department shall notify the public that a baby has been abandoned and taken into temporary emergency protective custody by placing notice prominently on the Division’s website and publishing notice to that effect in a newspaper of statewide circulation.

(1) The notice must be published at least 3 times over a 3-week period immediately following the surrender of the baby unless the Department has relinquished custody.

(2) The notice, at a minimum, must contain the place, date, and time where the baby was surrendered; the baby’s sex, race, approximate age, identifying marks, and any other information the Department deems necessary for the baby’s identification.

(3) The notice must include a statement that unless the surrendering individual manifests an intent to exercise parental rights and responsibilities within 30 days of the abandonment, both of the following apply:

a. The abandonment of the baby is the surrendering individual’s irrevocable consent to the termination of all parental rights, if any, of the individual on the ground of abandonment.

b. The abandonment of the baby is the surrendering individual’s irrevocable waiver of any right to notice of or opportunity to participate in any termination of parental rights proceeding involving the baby.

(i) When an individual who surrenders a baby under this section manifests a desire to remain anonymous, the Department may not initiate or conduct an investigation to determine the identity of the individual, and a court may not order an investigation unless there is good cause to suspect child abuse or neglect other than the act of surrendering the baby.

(j) The Department of Health and Social Services shall do all of the following:

(1) Establish a public information program to promote safe placement alternatives for babies, the confidentiality offered to birth parents, and information regarding adoption procedures. This program must include the use of a 24-hour, toll free hotline to assist in making information about the intent, purposes, and operation of this section as widely available as possible.

(2) Adopt a handout to be distributed to a safe haven under subsection (b) of this section. The handout must be furnished to an individual who surrenders the care or custody of a baby to the safe haven. The handout must advise the individual of the availability of counseling services and must elicit from the individual via a postage prepaid questionnaire relevant health history of the baby and the baby’s parents.

(3) Provide a safe haven under subsection (b) of this section with information about relevant social service agencies to be made available to an individual who voluntarily surrenders a baby under this section.
16 Del. C. § 5026 — Delaware Code / Title 16 / Chapter 50 / Section 5026
§ Â
        5026. Additional facilities for adults.
Status: in_force

The Secretary of the Department of Health and Social Services, upon voluntary application of a private or public hospital, may certify such hospital as an appropriate facility for the detention, diagnosis, care and treatment of adults with a mental condition under this chapter. If so certified, on a case-by-case basis, any such hospital shall be authorized to serve in addition to the Delaware Psychiatric Center under this chapter.
16 Del. C. § 3304 — Delaware Code / Title 16 / Chapter 33 / Section 3304
§ Â
        3304. Adulteration of food other than confectionery.
Status: in_force

Food is deemed to be adulterated:

(1) If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength;

(2) If any substance has been substituted wholly or in part for the article of food;

(3) If any valuable constituent of the article of food has been wholly or in part abstracted;

(4) If it is mixed, colored, powdered, coated or stained in a manner whereby damage or inferiority is concealed;

(5) If it contains any added poisonous or other added deleterious ingredient which may render the article of food injurious to health. When in the preparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically or by maceration in water, or otherwise, and directions for the removal of the preservative are printed on the covering or the package, this chapter shall be construed as applying only when the products are ready for consumption;

(6) If it consists in whole or in part of a filthy, decomposed or putrid animal or vegetable substance or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a deceased animal or one that has died otherwise than by slaughter.
16 Del. C. § 4915A — Delaware Code / Title 16 / Chapter 49A / Section 4915A
§ Â
        4915A. Registration and certification of safety compliance facilities.
Status: in_force

(a) Safety compliance facilities may only operate if they have been issued a valid registration certificate from the Commissioner. When applying for a safety compliance facility registration certificate, the applicant shall submit the following in accordance with Commissioner regulations:

(1) A nonrefundable application fee in an amount determined by the Commissioner’s regulations;

(2) The proposed legal name of the safety compliance facility;

(3) The proposed physical address of the safety compliance facility;

(4) The name, address, and date of birth of each principal officer and board member of the safety compliance facility, provided that all such individuals shall be at least 21 years of age;

(5) Any instances in which a business or not-for-profit that any of the prospective board members managed or served on the board of was convicted, fined, censured, or had a registration or license suspended or revoked in any administrative or judicial proceeding; and

(6) Any information required by the Commissioner to evaluate the applicant pursuant to the competitive bidding process described in subsection (b) of this section.

(7) a. If the applicant has 20 or more employees, a copy of a labor peace agreement, as required under § 4919A(y) of this title, or an attestation that the applicant will enter into a labor peace agreement and submit a copy of the completed labor peace agreement.

b. If the applicant has under 20 employees, an attestation that the applicant will enter into a labor peace agreement as required under § 4919A(y) of this title within 60 days of hiring a twentieth employee and submit a copy.

(b) The Commissioner shall evaluate applications for safety compliance facility registration certificates using an impartial and numerically scored competitive bidding process developed by the Commissioner in accordance with this chapter. The registration considerations shall consist of the following criteria:

(1) The proposed principal officers’ and board members’ relevant experience, including any training or professional licensing related to analytical testing, medicine, pharmaceuticals, natural treatments, botany, or marijuana cultivation, preparation, and testing and their experience running businesses or not-for-profits;

(2) The suitability of the proposed location, including compliance with any local zoning laws and the geographic convenience to compassion centers from throughout the State of Delaware to registered safety compliance facilities if the applicant were approved;

(3) The sufficiency of the applicant’s plans for safety, security, and the prevention of diversion, including proposed locations and security devices employed; and

(4) The proposed safety compliance facility’s plan for operations and services, including its staffing and training plans, and whether it has sufficient capital to operate.

(c) The Commissioner shall issue at least 1 safety compliance facility registration certificate to the highest scoring applicant by January 1, 2013, if the revenue received from the fees generated by this chapter and donations covers the cost of implementing the program established by this chapter.

(d) (1) The Commissioner may issue additional safety compliance facility registration certificates to the highest scoring applicant or applicants. If the Commissioner determines, after reviewing the report issued pursuant to § 4922A of this title, that additional safety compliance facilities are needed to meet the needs of cardholders and registered compassion centers throughout the State, the Commissioner shall issue registration certificates to the corresponding number of applicants who score the highest.

(2) Notwithstanding subsection (c) and paragraph (d)(1) of this section, an application for a safety compliance facility registration certificate must be denied if any of the following conditions are met:

a. The applicant failed to submit the materials required by this section, including if the plans do not satisfy the security, oversight, or recordkeeping regulations issued by the Commissioner;

b. The applicant would not be in compliance with local zoning regulations issued in accordance with § 4917A of this title;

c. The applicant does not meet the requirements of § 4919A of this title;

d. One or more of the prospective principal officers or board members has been convicted of an excluded felony offense or has been convicted of a misdemeanor drug offense, as provided in Title 16 or an equivalent offense from another jurisdiction, within 5 years from the date of application that is not excluded by § 4902A(7)b.2. of this title;

e. One or more of the prospective principal officers or board members has served as a principal officer or board member for a registered safety compliance facility or registered compassion center that has had its registration certificate revoked; and

f. One or more of the principal officers or board members is younger than 21 years of age.

(e) Before a safety compliance facility is approved, it shall submit a registration fee paid to the Commissioner in the amount determined by Commissioner regulation and, if a physical address had not been finalized when it applied, its physical address.

(f) When issuing a safety compliance facility registration certificate, the Commissioner shall also issue a renewable registration certificate with an identification number. The Commissioner shall also provide the registered safety compliance facility with the contact information for the verification system.
16 Del. C. § 4907A — Delaware Code / Title 16 / Chapter 49A / Section 4907A
§ Â
        4907A. Acts not required, acts not prohibited.
Status: in_force

(a) Nothing in this chapter requires any of the following:

(1) A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana;

(2) Any person or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to smoke marijuana on or in that property; or

(3) An employer to allow the ingestion of marijuana in any workplace or to allow any employee to work while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana.

(4) A health-care practitioner to provide a written certification or otherwise recommend marijuana to a patient.

(b) Nothing in this chapter prohibits an employer from disciplining an employee for ingesting marijuana in the workplace or working while under the influence of marijuana.

(c) Nothing in this chapter shall be construed to prevent the arrest or prosecution of a registered qualifying patient for reckless driving or driving under the influence of marijuana where probable cause exists.
16 Del. C. § 4739A — Delaware Code / Title 16 / Chapter 47 / Subchapter III / Section 4739A
§ Â
        4739A. Practitioners.
Status: in_force

Except for pharmacies, opioid treatment programs (also known as methadone clinics), veterinarians and persons licensed, registered, or otherwise authorized to conduct research, no practitioner shall dispense controlled substances beyond the amount deemed medically necessary for a 72-hour supply.
16 Del. C. § 803C — Delaware Code / Title 16 / Chapter 8C / Section 803C
§ Â
        803C. Newborn Screening Advisory Committee.
Status: in_force

There shall be established Newborn Screening Advisory Committee (“Committee”) that will advise the Director of the Division of Public Health on issues relating to the newborn screening program, including intervention, treatment, and follow-up care for infants and children with metabolic, hematologic, endocrinologic, immunologic and certain structural disorders. Members shall be appointed by the Governor and serve 3-year terms that are renewable. The Committee shall have 13 members.

(1) The Department of Health and Social Services shall provide administrative support services required for the Committee. Members shall receive no compensation for their services as members.

(2) The Committee shall act by majority vote and as required by this State’s Administrative Procedures Act, Chapter 101 of Title 29. The Committee shall meet at least 3 times annually.

(3) The Committee membership shall consist of: 3 individuals, or parents of individuals, affected by disorders identified by the screening panel; an ethicist; an attorney not employed by the State; 3 pediatric physicians; the Medical Director for the Division of Public Health, or the Medical Director’s designee; the Laboratory Director for the Division of Public Health, or the Laboratory Director’s designee; a representative from the Department of Services for Children Youth and their Families; the Chair of the Midwifery Advisory Council, or the Chair’s designee; and a member of the public.

(4) The Committee shall elect a Chairperson to serve for at least 1 year from those members appointed by the Governor. A majority of the membership of the Committee shall constitute a quorum to transact its business.
16 Del. C. § 7802 — Delaware Code / Title 16 / Chapter 78 / Section 7802
§ Â
        7802. Definitions.
Status: in_force

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

(1) “Asbestos” includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos and any of these minerals that has been chemically treated and/or altered.

(2) “Asbestos abatement” shall mean any of the following activities except those which may be considered incidental during normal day-to-day operations and maintenance:

a. Demolition or salvage of structures where asbestos is present;

b. Removal or encapsulation of materials containing asbestos;

c. Construction, alteration, repair, maintenance, demolition or renovation of structures, substrates or any portions thereof, that contain asbestos;

d. Installation of products containing asbestos;

e. Asbestos spill/emergency cleanup; and

f. Transportation, disposal, storage or containment of asbestos, or products containing asbestos, on the site or location at which construction, alteration, repair, maintenance, demolition or renovation activities are performed.

(3) “Asbestos worker” shall mean any individual who performs asbestos abatement activities and/or work.

(4) “Contractor” shall mean any corporation, company, association, firm, partnership, society, joint-stock company, sole proprietorship or individual that contracts to perform asbestos abatement, including the removal or encapsulation of asbestos.

(5) “Friable asbestos material,” “friable material” or “asbestos material” shall mean any material containing more than 1 percent asbestos by weight, that hand pressure can crumble, pulverize or reduce to powder when dry, or is already dry and pulverized.
16 Del. C. § 10402 — Delaware Code / Title 16 / Chapter 104 / Section 10402
§ Â
        10402. Definitions.
Status: in_force

For purposes of this chapter,

(1) “Agency” means local municipal police departments, the New Castle County Police Department and the Delaware State Police.

(2) “CFRP” shall mean Community Firearm Recovery Program.

(3) “Firearm” means any firearm as defined in § 222 of Title 11.

(4) “Secretary” shall mean the Secretary of Safety and Homeland Security.
16 Del. C. § 6701 — Delaware Code / Title 16 / Chapter 67 / Section 6701
§ Â
        6701. Appointment of fire police; oath of office.
Status: in_force

(a) Any duly organized fire company or substation (outside the City of Wilmington) may provide for the appointment of not more than 6 of its members to perform police duties at fires, fire drills and any emergencies or functions covered by the fire company for a term to be fixed by the fire company.

(b) The members selected by the fire company as fire police shall, before entering upon their duties, qualify by taking and subscribing an oath that they will justly, impartially and faithfully discharge their duties according to the best of their ability and understanding. The oath shall be administered by the sheriff of the county in which the fire company making the appointment is located and shall be subscribed by the member appointed as a fire police officer in duplicate. The original copy of the oath shall be filed with the sheriff of the county in which the fire company making the appointment is located and a copy thereof filed with the secretary of the fire company making the appointment.
16 Del. C. § 7406 — Delaware Code / Title 16 / Chapter 74 / Section 7406
§ Â
        7406. Licensing and registration of sources and users of ionizing radiation.
Status: in_force

(a) The Authority shall promulgate rules and regulations for regulation of radiation sources and devices or equipment utilizing such sources and for the registration or exemption of such sources, devices or equipment. Such rules or regulations shall provide for the amendment, suspension or revocation of such licenses or registration.

(b) The Authority may require licensing or certification of users of ionizing radiation.

(c) The Authority may provide for recognition of other state or federal licenses or registrations.
16 Del. C. § 5504 — Delaware Code / Title 16 / Chapter 55 / Subchapter I / Section 5504
§ Â
        5504. Normal living arrangements.
Status: in_force

Persons diagnosed with intellectual disabilities or other specific developmental disabilities have a right to live with their families or with other care providers; to participate in all aspects of community life; and to have access to appropriate leisure time activities. If residence in an institution is the least restrictive environment and the most appropriate setting reasonably available, it should be in surroundings and under circumstances as close to normal living as possible.
16 Del. C. § 4801B — Delaware Code / Title 16 / Chapter 48B / Section 4801B
§ Â
        4801B. Findings and purpose.
Status: in_force

(a) It is the intent of the General Assembly that the Prescription Opioid Impact Fund be established under this chapter to fund prevention and treatment of opioid addiction. In establishing the Prescription Opioid Impact Fund, the General Assembly finds as follows:

(1) The Prescription Opioid Impact Fund is needed to prevent and respond to the dramatic increase in opioid addiction in this State.

(2) The Prescription Opioid Impact Fund is needed to protect the public health, safety, and general welfare of the citizens of this State.

(3) In the 4 years prior to the creation of the Prescription Opioid Impact Fund, prescription opioids were dispensed to Delaware residents as follows:

a. In 2015, 870,017 prescriptions for 59,138,601 individual doses totaling 1,104,171,268 MMEs.

b. In 2016, 831,005 prescriptions for 56,440,474 individual doses totaling 1,050,147,346 MMEs.

c. In 2017, 750,944 prescriptions for 49,875,000 individual doses totaling 921,842,143 MMEs.

d. In 2018, 750,691 prescriptions for 46,125,690 individual doses totaling 826,770,680 MMEs.

(4) There is a direct connection in this State between the quantity and strength of opioids prescribed to citizens and the rates of opioid addiction and overdose deaths.

(5) There is a substantial nexus between the opioid manufacturers subject to the impact fee and the State, in part because only those manufacturers whose prescription opioids are dispensed in the State in amounts sufficient to meet the quarterly threshold in § 4804B(a) of this title are subject to the impact fee.

(6) Opioid manufacturers receive revenues in connection with prescription opioids dispensed in in this State.

(7) The Prescription Opioid Impact Fund will pay for a share of the cost incurred by the State of opioid substance abuse treatment and prevention.

(8) The impact fee does not discriminate against interstate commerce, because both in-state and out-of-state opioid manufacturers are equally subject to its provisions.

(9) The impact fee is fairly apportioned because it is based upon the volume of an opioid manufacturer’s product dispensed within Delaware, with recognition that some manufacturers’ products have different underlying costs and are sold at substantially different prices.

(10) By paying a share of the cost of opioid addiction treatment and prevention, the opioid manufacturers receive assistance in promoting responsible product use and offset negative effect that these products have on Delaware residents.

(b) It is the intent of this chapter to ensure that adequate public funds are available to do all of the following:

(1) Prevent more individuals from becoming addicted to opioids.

(2) Provide funding to defray expenses incurred by the Prescription Monitoring Program under this chapter.

(3) Provide opioid addiction treatment to all Delawareans who have opioid addiction.

(4) Fund emergency medical assistance to treat opioid overdoses.
16 Del. C. § 6612 — Delaware Code / Title 16 / Chapter 66 / Subchapter II / Section 6612
§ Â
        6612. State Fire Marshal â Term, salary, duties, powers and responsibilities.
Status: in_force

(a) The State Fire Marshal shall reside in Delaware after appointment. The State Fire Marshal shall receive such salary as may be set by the State Fire Prevention Commission within the limits set by the annual appropriation to the State Fire Prevention Commission. The State Fire Marshal shall devote their whole time to the duties of the State Fire Marshal’s office. Whenever a vacancy shall occur in the office of State Fire Marshal for any reason other than the expiration of a term, the vacancy shall be filled by the State Fire Prevention Commission for the balance of the unexpired term. The State Fire Marshal shall be appointed for a term of 4 years and such term shall be renewable in the discretion of the State Fire Prevention Commission.

(b) The State Fire Marshal, with the consent and approval of the State Fire Prevention Commission, shall appoint all authorized personnel pursuant to Merit System rules and regulations and administer the usual oath as required. Salaries of all personnel to include appropriate position classifications, upgrading and promotions shall be in compliance with Chapter 59 of Title 29.

(c) The Fire Marshal of any political subdivision of this State, having such an office duly created by ordinance or resolution before January 1, 1959, shall serve as an Assistant State Fire Marshal. Within the limits of the said political subdivision, the Fire Marshal shall have exclusive jurisdiction exercising the duties and powers of the State Fire Marshal but the Fire Marshal shall serve without compensation.

(d) The State Fire Marshal, with the consent and approval of the State Fire Prevention Commission, shall employ or acquire such office and clerical employees as may be necessary for the orderly administration of Marshal’s office. The State Fire Marshal shall acquire such equipment, furniture, supplies and paraphernalia as may be necessary for the orderly administration of Marshal’s office.

(e) The State Fire Marshal, the State Fire Marshal’s Deputy or Deputies, and other members of the State Fire Marshal’s office, in addition to their salaries, shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.

(f) The State Fire Marshal, or the Marshal’s Deputy or Deputies, shall enforce all laws and ordinances of the State and the several counties, cities and political subdivisions thereof having to do with:

(1) Prevention of fires;

(2) The storage, sale and use of any explosive, combustible or other dangerous article in solid, liquid or gas form;

(3) The installation and maintenance of equipment of all sorts intended for fire control, detection and extinguishment;

(4) The means and adequacy of exit, in case of fire, from buildings and all other places in which numbers of persons work, live or congregate from time to time for any purpose, except buildings used wholly as dwelling houses containing no more than 2 families;

(5) The suppression of arson.

(g) The State Fire Marshal, or the Marshal’s Deputy or Deputies, shall assist any chief of any recognized fire company upon request of such chief.

(h) The State Fire Marshal, or the Marshal’s Deputy or Deputies, shall enforce the regulations promulgated by the State Fire Prevention Commission as authorized by § 6604 of this title.

(i) The State Fire Marshal, or the Marshal’s Deputy or Deputies, shall require the administrative heads of public and private schools and educational institutions to have at least 1 fire drill each month when said schools are in session and to keep all doors and exits unlocked during school hours.

(j) The State Fire Marshal, or the Marshal’s Deputy or Deputies, shall inspect all state- and county-owned institutions, all schools, theatres, churches and other places of public assembly as to fire exits and reasonable safety standards and report the Marshal’s findings and recommendations to the proper administrative heads.

(k) The State Fire Marshal, or the Marshal’s Deputy or Deputies, may at any time investigate as to the origin or circumstances of any fire or explosion occurring in the State and may at all reasonable hours enter any building or premises within the Marshal’s jurisdiction for the purpose of making an inspection or investigation, which, under this chapter, they may deem necessary to be made.

(l) (1) The State Fire Marshal or the Marshal’s designee shall review all plans and specifications, with the exception of those political subdivisions having exclusive jurisdiction under subsection (c) of this section for conformance to the requirements of subsections (f) and (j) of this section, prior to actual construction for:

a. All new buildings and additions; for any building undergoing a change in occupancy; or any part of a building suffering damage from fire, explosion, or any other cause; with the exception of buildings used wholly as dwelling houses containing no more than 2 families and buildings used wholly for farming purposes.

b. Alarm systems, fire protection systems, flammable and combustible liquid or gas installation or other miscellaneous installations falling under the State Fire Prevention Rules and Regulations.

c. Subdivision plans.

(2) The State Fire Marshal is authorized to establish a schedule of plan review fees to be paid by the submitter of the plans reviewed under paragraph (l)(1) of this section, except that no fees shall be charged for projects financed in excess of 50% by state funds, housing developed by an organization exempt from tax under § 501(c)(3) of the federal Internal Revenue Code (26 U.S.C. § 501(c)(3)), and projects financed under Chapters 40 and 45 of Title 31.

(3) The plan review fees shall be based on actual costs with the initial payment being based on the estimated cost of construction of the building, additions, renovation, alarm system, fire protection systems, or flammable or combustible liquid or gas installations or other miscellaneous installations required to be approved and shall not exceed the following schedule:

a. Seven tenths of 1% on July 1, 2009;

b. Three tenths of 1% over $1,000,000 of cost;

c. With respect to the provisions of paragraphs (l)(3) a. and b. of this section, the minimum fee for any plan review shall be no less than $150.

d. The State Fire Marshal must provide a schedule of reduced fees for low life hazard occupancies such as warehouses.

(4) Subdivision plan review fees shall be set at $150.

(5) The State Fire Marshal, with the approval of the State Fire Prevention Commission, where such regulations or amendments duly promulgated under the authority of the State Fire Prevention Commission require the issuing of a permit, license or certificate, is authorized to issue such permits, licenses or certificates and to establish a schedule of fees not to exceed the following schedule:

a. A maximum of $100 per fire alarm signaling system or fire suppression system, where a license is issued under the preceding provision of this section, for wholly owned or proprietary fire alarm signaling systems or fire suppression systems, serviced by the system owner.

b. A maximum of $100 for a license to service portable unit fire suppression appliances.

c. A maximum of $100 for all other permits, licenses and certifications as required in the State Fire Prevention Regulations.

d. The fees as authorized in this paragraph shall be the maximum so charged by the State Fire Prevention Commission and every 2 years shall be reviewed by the Department of Finance, the Controller General and the State Fire Marshal.

e. All fees associated with the permitting, licensing, or certification processes shall be annual fees, payable on a date as scheduled by the State Fire Marshal.

(6) It is expressly provided that said fees collected by the State Fire Marshal shall not affect the state appropriation or be deducted there from, but shall be so much additional moneys available for carrying out the provisions of this subsection, and the said fees shall be paid to the State Treasurer for accounting and deposited in a special fund in the State Treasury. Said fees included in this subsection shall not be charged for projects financed in excess of 50% by state funds, and projects financed under Chapters 40 and 45 of Title 31.

(7) The fees as authorized for the plan review process shall be the maximum allowed by the State Fire Prevention Commission and will be a cap, that every 2 years, by September 15, a review shall be conducted by the Director of the Office of Management and Budget, the Controller General and the State Fire Marshal, based upon the revenue experience and the anticipated funding needs of the Technical Services Division of the State Fire Marshal’s Office, to revise the fees according to the anticipated funding needs of the State Fire Marshal’s Office Technical Services Division, incorporating the plan review, licensing and additional consultative services.

(8) The permit, licensing and plan review fee requirements of this chapter shall not apply to municipalities, towns or other subdivisions of this State or to fire companies that wish to construct improvements upon their fire stations.

(m) The State Fire Marshal, or the State Fire Marshal’s Deputy or Deputies, shall have the authority to issue subpoenas in the enforcement of this chapter.

(n) Appeals to the State Fire Prevention Commission from a decision of the State Fire Marshal shall be made in accordance with the provisions of §§ 6609 and 6610 of this title.

(o) The Office of the State Fire Marshal shall have the authority to:

(1) Advise and assist fire companies, municipal corporations and districts, including agencies and departments thereof in developing measures for more effective fire and arson prevention and control;

(2) Assist and encourage cooperative efforts to solve common problems relating to fire and arson prevention and control and to serve as a clearinghouse of information about fire and arson prevention and control, about reported cases of burn injuries or wounds sustained, and about state and federal services available to assist in solving such problems;

(3) Employ or contract with individuals, agencies or corporations to assist fire companies, municipal corporations and districts in the development of an arson investigation program or in the investigation of cases of suspected arson or cases of burn injuries or wounds sustained upon the request of such an entity. However, nothing in this provision shall be construed to remove the primary responsibility for arson investigations from appropriate local jurisdictions or agencies;

(4) Establish a burn registry data bank and disseminate information relating to fire and arson prevention and control, reported cases of burn injuries or wounds sustained, and to operate a state fire reporting system. The state fire reporting system shall include a procedure for the identification of patterns of suspicious, accidental or criminal fires and for alerting appropriate state and local authorities. The fire reporting system shall also include fire incident data supplied by local fire agencies in a manner and on forms prescribed by the State Fire Marshal. To the extent practicable, the data shall be collected and maintained in a form compatible with information collected by other Delaware agencies, other states and the federal government. The State Fire Marshal shall cooperate with the Division of State Police, Insurance Department, local police, fire and health agencies, the insurance industry and other appropriate organizations in maintaining such system.
16 Del. C. § 2513C — Delaware Code / Title 16 / Chapter 25C / Section 2513C
§ Â
        2513C. Immunity [For application of this section, see 85 Del. Laws, c. 19, Â 3].
Status: in_force

(a) A person acting in good faith and in accordance with generally-accepted health-care standards is not subject to civil or criminal liability or to discipline for unprofessional conduct, including censure, suspension, loss of license, loss of privileges, loss of membership, or any other penalty for providing medical care in good faith compliance with the requirements under this chapter, including any of the following:

(1) Being present when a qualified patient self-administers the prescribed medication to end life in a humane and dignified manner.

(2) Prescribing or dispensing or refusing to prescribe or dispense medication to end life in a humane and dignified manner.

(3) Providing scientific and accurate information about medication to end life in a humane and dignified manner.

(b) A health-care institution may prohibit a physician or APRN from prescribing medication under this chapter on the health-care institution’s premises if the health-care institution has provided notice of the health-care institution’s policy regarding this chapter to all health-care providers and the public.

(c) A physician or APRN may refuse to honor a request from a terminally-ill-adult individual for medication to end their life in a humane and dignified manner that is made in compliance with the requirements under this chapter.

(d) A request for medication to end life in a humane and dignified manner under this chapter, or the fact that medication to end life in a humane and dignified manner is prescribed or dispensed under this chapter, does not solely constitute neglect or elder abuse for any purpose or provide the sole basis for the appointment of a guardian or involuntary mental health treatment.

(e) This section does not limit civil or criminal liability for negligence, recklessness, or intentional misconduct.
16 Del. C. § 9210 — Delaware Code / Title 16 / Chapter 92 / Section 9210
§ Â
        9210. Notes of the Authority.
Status: in_force

The Authority may from time to time issue negotiable notes for any corporation purpose and may from time to time renew any notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The Authority may issue notes partly to renew notes or to discharge other obligations then outstanding and partly for any other purpose. The notes may be authorized, sold, executed and delivered in the same manner as bonds. Any resolution or resolutions authorizing notes of the Authority or any issue thereof may contain any provisions which the Authority is authorized to include in any resolution or resolutions authorizing revenue bonds of the Authority or any issue thereof, and the Authority may include in any notes any terms, covenants or conditions which it is authorized to include in any bonds. Such resolution or resolutions may delegate to any combination of 3 of the following, the executive director, assistant executive director, treasurer or any member of the Authority, the power to determine any of the details of the notes and to award such notes to a purchaser or purchasers. All such notes shall be payable solely from the revenues of the Authority, subject only to any contractual rights of the holders of any of its notes, and subject to any agreements with any participating facility.
16 Del. C. § 3007D — Delaware Code / Title 16 / Chapter 30D / Section 3007D
§ Â
        3007D. Penalties.
Status: in_force

Notwithstanding any other provision of Delaware law, an owner who violates this chapter shall be guilty of a violation and shall be fined $250 for the first offense, $500 for the second offense and $1,000 for the third and all subsequent offenses.
16 Del. C. § 3090F — Delaware Code / Title 16 / Chapter 30F / Subchapter VI / Section 3090F
§ Â
        3090F. Purpose.
Status: in_force

The purpose of this subchapter is to ensure that healthy cats and dogs that are no longer needed for research, education, testing, or other scientific purposes are made available for adoption instead of euthanized and to create a process for adoption through agreements with local shelters or rescue groups.
16 Del. C. § 10006 — Delaware Code / Title 16 / Chapter 100 / Section 10006
§ Â
        10006. Establishment of 911-Emergency Medical Dispatch System.
Status: in_force

(a) There is hereby established a statewide 911 Emergency Medical Dispatch (EMD) System whereby all 911 Emergency Report Centers in this State providing emergency medical dispatch shall, through a contract with the Department of Safety and Homeland Security:

(1) Provide systematized caller interrogation questions; systematized prearrival instruction; and use and adhere to State EMD dispatch protocols matching the dispatchers evaluation of injury or illness severity with vehicle response mode and configuration;

(2) Electronically collect data regarding calls for assistance and all times related thereto, EMD dispatch protocol information, and ANI/ALI information;

(3) Measure all time increments in increments of seconds;

(4) Electronically transfer all required information collected to a central database maintained by OEMS on a real time basis;

(5) Use computerized case entry, case management and quality inspection software approved by OEMS;

(6) Have the capability of handling multiple (2 or more) calls simultaneously, including the ability to provide prearrival instructions consistent with the medical protocols. This capability must exist 24 hours per day throughout the entire year; and

(7) Have the capability to one-button transfer all data related to a call for medical assistance to the county PSAPs and must utilize that capability. Specifically, when a local PSAP determines that a call for assistance requires ALS, an immediate one-button transfer of all data must be made to the county PSAP. The transferred data must include the first call pickup time (time call received by local PSAP) and the time the local PSAP transferred the call to the EMD.

(8) Be accredited by the National Academy of Emergency Medical Dispatch (NAEMD) by August 1, 2003.

(b) All 911 Emergency Report Centers in this state receiving 911 calls and transferring them to a center providing emergency medical dispatch shall, through a contract with the Department of Safety and Homeland Security:

(1) Electronically collect data regarding calls for assistance including all times related thereto and ANI/ALI information;

(2) Measure all time increments in increments of seconds; and

(3) Have the capability to 1-button transfer all data related to a call for medical assistance to the county PSAPs and must utilize that capability. The transferred data must include the first call pickup time (time call received by local PSAP) and the time the local PSAP transferred the call to the EMD.
16 Del. C. § 2715 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2715
§ Â
        2715. Amendment or revocation of the gift.
Status: in_force

(a) If the will, card or other document or executed copy thereof has been delivered to a specified donee, the donor may amend or revoke the gift by:

(1) The execution and delivery to the donee of a signed statement;

(2) An oral statement made in the presence of 2 persons and communicated to the donee;

(3) A statement during a terminal illness or injury addressed to an attending physician and communicated to the donee; or

(4) A signed card or document found on the person or in the person’s effects.

(b) Any document of gift which has not been delivered to the donee may be revoked by the donor in the manner set in subsection (a) of this section or by destruction, cancellation or mutilation of the document and all executed copies thereof.

(c) Any gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills or as provided in subsection (a) of this section.

(d) Unless a revocation of a gift under this section includes an objection or refusal to make a gift of a part, it shall not prohibit a person listed in § 2711(c) of this title from authorizing such a gift.
16 Del. C. § 98A-100 — Delaware Code / Title 16 / Chapter 98A / Section 98A-100
§ Â
        98A-100. Adoption of REPLICA.
Status: in_force

The Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act (“REPLICA”) is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially in this chapter.
16 Del. C. § 5176 — Delaware Code / Title 16 / Chapter 51 / Subchapter VI / Section 5176
§ Â
        5176. Waiver of informed consent requirement.
Status: in_force

Sections 5174(2) and 5175 of this title may be waived for a patient under the following conditions:

(1) An unsuccessful attempt has been made to secure the informed consent of the patient.

(2) No accepted pharmaceutical or other therapy exists for the type of illness affecting the patient or the patient has not responded to accepted pharmaceutical or other therapies.

(3) The performance of pharmaceutical research on the patient would be in the best interest of that patient.

(4) The proposed waiver has been approved in writing by the Institutional Review Board after thorough review of the patient’s clinical records.

(5) The proposed waiver has the prior written approval of the patient’s legal guardian or, if the patient has no guardian, patient’s next-of-kin.

(6) The proposed waiver has been approved by Superior Court upon affidavit filed by the medical director of the hospital. Such affidavit shall state that, with respect to the patient for whom the waiver is sought, all provisions of this section and this subchapter have been and will continue to be complied with. The Court may deny approval for failure to comply with any provision of this section or this subchapter or for any other reason it deems appropriate. Superior Court may by rule prescribe procedures for review of affidavits filed pursuant to this section.
16 Del. C. § 145 — Delaware Code / Title 16 / Chapter 1 / Subchapter III / Section 145
§ Â
        145. Examinations to determine cause of death.
Status: in_force

The Pathologist and Bacteriologist, whenever requested by the Attorney General, shall make any and all examinations of any person or persons or any organ or organs or any part or parts of any person or persons with the view of determining the cause or causes of death and make a prompt report without charge to the State or any county thereof.
16 Del. C. § 2507A — Delaware Code / Title 16 / Chapter 25A / Section 2507A
§ Â
        2507A. Delaware Health Information Network.
Status: in_force

The Delaware Health Information Network (DHIN) shall maintain an electronic registry to maintain and store executed DMOST forms and make them available to emergency-care providers, health-care providers, and health-care institutions.
16 Del. C. § 2503C — Delaware Code / Title 16 / Chapter 25C / Section 2503C
§ Â
        2503C. Information to patients [For application of this section, see 85 Del. Laws, c. 19, Â 3].
Status: in_force

(a) Nothing in this chapter may be construed to lessen informed consent requirements.

(b) An attending physician or attending APRN must provide sufficient information to an individual with a terminal illness regarding all available treatment options, and the alternatives and the foreseeable risks and benefits of each, so that the individual can make an independent decision regarding the individual’s end of life health care.