16 Del. C. § 5005 — Delaware Code / Title 16 / Chapter 50 / Section 5005
§ Â
        5005. Provisional hospitalization by psychiatristâs certification.
Status: in_force

(a) No person will be involuntarily admitted to a hospital as a patient until the person is detained for observation pursuant to the procedure set forth in § 5004 of this title. At the completion of the emergency detention period, the person shall not be admitted to a hospital except pursuant to the written certification of a psychiatrist that based upon the psychiatrist’s examination of such person:

(1) Appears to be a person with a mental condition;

(2) The person has been offered voluntary inpatient treatment and has declined such care and treatment or lacks the capacity to knowingly and voluntarily consent to such care and treatment;

(3) As a result of the person’s apparent mental condition, the person poses a present threat, based upon manifest indications, of being dangerous to self or dangerous to others; and

(4) Less restrictive alternatives have been considered and determined to be clinically inappropriate at the present time.

(b) The psychiatrist’s certificate shall state with particularity the behavior and symptoms upon which the psychiatrist’s opinion is based, shall include (where available) the name and address of the spouse or other nearest relative or person of close relationship to the alleged person with a mental condition, and shall state that such person is not willing to accept hospital care and treatment on a voluntary basis or that the person is incapable of voluntarily consenting to such care and treatment. The certificate shall also set forth the date of the psychiatrist’s determination. The hospital shall thereupon advise the involuntary patient of the patient’s rights under this chapter in language that is understandable to the individual. Upon completion of the psychiatrist’s certificate, the individual shall be detained for an additional 48-hour period.

(c) If the examining psychiatrist at the hospital determines that the involuntary patient no longer meets the criteria for provisional admission, the psychiatrist shall so certify in writing and the hospital shall immediately discharge the person. Prior to such discharge, the hospital shall provide the person with a copy of the certificate stating that the person was not involuntarily committed for any legal purpose.

(d) If the person seeks voluntary care and treatment after being provisionally admitted under this section, the provisional admission will terminate and the person shall be voluntarily admitted to a hospital without delay.

(e) The 48-hour observation period prescribed in this section shall be referred to as “provisional admission.” An individual who is provisionally admitted pursuant to this chapter shall not be considered “involuntarily committed” for any legal purpose.
16 Del. C. § 9954 — Delaware Code / Title 16 / Chapter 99 / Subchapter VI / Section 9954
§ Â
        9954. Benchmark compliance plans.
Status: repealed

(a) (1) Beginning in 2027, and except as provided in paragraph (a)(2) of this section, if the Board determines that a hospital’s actual annual cost growth has exceeded the spending benchmark, the Board shall send the hospital notice of that finding and may require the hospital to submit a benchmark compliance plan within 45 days.

(2) A hospital that the Board determines is participating in a Meaningful Cost Containment Arrangement, and for which the hospital’s chief executive officer has provided a written attestation in compliance with § 9953(d)(7)c.1. of this title, is not subject to this section for the applicable benchmark compliance plan year.

(b) The Board shall promulgate additional regulations and written guidance about the benchmark compliance plan process, including discretionary factors that the Board may consider in deciding whether a benchmark compliance plan is required, taking into account a hospital’s financial condition, any ongoing strategies or investments that the health-care entity is implementing to improve patient access and quality, future long-term efficiency, population growth in the hospital service area, and such other factors as the Board may determine to be relevant.

(c) A benchmark compliance plan submitted by a hospital must identify the causes of the hospital’s cost growth and must include specific strategies, adjustments, and action steps the hospital proposes to implement to improve cost performance. The benchmark compliance plan must include specific identifiable and measurable expected outcomes and a timetable for implementation. The timetable for a benchmark compliance plan may not exceed 12 months.

(d) If the Board determines that the benchmark compliance plan is incomplete, the Board shall provide written guidance explaining the criteria that have not been met and may provide an additional time period, up to 30 days, for resubmission. The hospital shall address each deficiency noted by the Board in the Board’s written guidance, and resubmit the hospital’s benchmark compliance plan to the Board, no later than 30 days from the date of the hospital’s receipt of the Board’s written guidance.

(e)-(g) [Repealed.]
16 Del. C. § 7311 — Delaware Code / Title 16 / Chapter 73 / Section 7311
§ Â
        7311. Penalties; jurisdiction.
Status: in_force

Whoever violates this chapter shall be fined not more than $200 for each offense. The Superior Court shall have jurisdiction to adjudicate offenses under this chapter.
16 Del. C. § 4713 — Delaware Code / Title 16 / Chapter 47 / Subchapter II / Section 4713
§ Â
        4713. Schedule I tests.
Status: in_force

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

(1) Has high potential for abuse; and

(2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
16 Del. C. § 7302 — Delaware Code / Title 16 / Chapter 73 / Section 7302
§ Â
        7302. Tests by State Chemist; fees.
Status: in_force

(a) The State Chemist shall make tests in the method or manner as provided in § 7301 of this title to determine the fire test of any sample of kerosene, headlight or other oil for illuminating purposes produced from petroleum sold or offered for sale in this State which any citizen thereof may forward to the State Chemist for such test. Each sample sent shall not be less in quantity than 1 pint and shall be forwarded by express, charges prepaid, contained in a glass, earthen or metal receptacle which has not been used to contain any other substance, securely sealed and accompanied by a fee of $1.00. If such sample stands the legal fire test described in § 7301 of this title and will not burn below 115° Fahrenheit, the State Chemist may retain the $1.00 as a fee, but in the event the sample fails to stand the legal test by burning below 115° Fahrenheit, the $1.00 shall be returned to the sender and a fee of $5.00 charged against the dealer from whom the sample has been obtained, which shall be collected in the same manner as fines are collected, subject to the same rights of appeal.

(b) The State Chemist may take from any reservoir, tank, barrel, can or other receptacle in this State, used for holding or storing kerosene, headlight or other oil for illuminating purposes produced from petroleum, a sample not exceeding 1 pint from any such receptacle, for the purpose of submitting and subjecting such oil to a fire test as provided in § 7301 of this title.
16 Del. C. § 2707 — Delaware Code / Title 16 / Chapter 27 / Subchapter I / Section 2707
§ Â
        2707. Postmortem examination only by physicians; liability; consent.
Status: in_force

(a) No postmortem examination of the body of a deceased person shall be conducted by any person other than a duly licensed doctor of medicine or osteopathy. Written or telegraphic consent for a doctor of medicine or osteopathy to conduct a postmortem examination of the body of the deceased person shall be deemed sufficient when given by whichever 1 of the following assumes custody of the body for the purpose of burial: Parent, spouse, child, guardian, next of kin or, in absence of any of the foregoing, a person who assumes the duty of legal disposal of the body. If 2 or more such persons assume custody of the body, consent of 1 of them who is legally considered as the next of kin shall be deemed sufficient.

(b) The licensed physician conducting the postmortem examination shall not be liable in damages for any action taken in making such postmortem examination.
16 Del. C. § 5014 — Delaware Code / Title 16 / Chapter 50 / Section 5014
§ Â
        5014. Appeal; habeas corpus; rules of procedure.
Status: in_force

(a) Any party to the proceedings may appeal an order of disposition issued by a Commissioner to either a Superior Court Judge or Family Court Judge as appropriate within 10 days of the entry of such order. The appeal shall not operate as a stay of the order of disposition unless the Commissioner or Judge so directs. A decision by a Superior Court Judge or a Family Court Judge may be appealed to the Supreme Court within 30 days of the entry of such order. The appeal shall not operate as a stay of the order of disposition unless the court or the Supreme Court so directs.

(b) After any order of disposition becomes final, the involuntary patient shall be entitled to petition the court for a writ of habeas corpus for release on the grounds:

(1) That the proceeding which led to the patient’s commitment was illegal; provided, that that issue has not been previously determined; or

(2) That although the original confinement was legal, continued confinement is not warranted.

(c) The Superior Court and the Family Court shall adopt such rules of procedure as may be required to implement the procedural requirements of this chapter.
16 Del. C. § 1111 — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1111
§ Â
        1111. Overlap of state licensing and federal certification penalties.
Status: in_force

(a) The Department may not collect a civil monetary penalty for the same deficient practice for which the federal government has levied a civil monetary penalty.

(b) In the event that a civil monetary penalty has been collected by the State and the federal government subsequently collects a penalty for the same conditions, the State shall refund the previously collected penalty.
16 Del. C. § 4717 — Delaware Code / Title 16 / Chapter 47 / Subchapter II / Section 4717
§ Â
        4717. Schedule III tests.
Status: in_force

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

(1) The substance has a potential for abuse less than the substances listed in Schedules I and II;

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

(3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
16 Del. C. § 3005F — Delaware Code / Title 16 / Chapter 30F / Subchapter I / Section 3005F
§ Â
        3005F. Proper facilities required.
Status: in_force

Any municipality that does not have proper facilities and trained personnel shall transport in a humane manner any animals which are to be euthanized to the nearest private or public shelter or agency which has proper facilities and trained personnel or contract for euthanasia of such animals by a licensed veterinarian.
16 Del. C. § 7803 — Delaware Code / Title 16 / Chapter 78 / Section 7803
§ Â
        7803. Certification required; fees; reciprocity.
Status: in_force

(a) No contractor shall hold that contractor’s self out to the public as being certified to engage in asbestos abatement, nor shall any contractor use or advertise any title or description intending to convey the impression that such contractor is certified to engage in asbestos abatement, unless such contractor has been certified in accordance with this chapter. No contractor or asbestos worker shall undertake any asbestos abatement work without having first been certified in accordance with this chapter.

(b) No person or contractor may assign, contract with, or permit any asbestos worker to perform asbestos abatement unless such asbestos worker is certified under this chapter.

(c) Any contractor or asbestos worker applying for certification under this chapter shall meet criteria prescribed by the Office of Management and Budget, which may include, but are not limited to the following:

(1) Contractors:

a. Previous experience or training in asbestos abatement work;

b. Type and size of equipment the contractor utilizes in asbestos abatement;

c. Ability of the contractor to perform asbestos abatement work;

(2) Asbestos workers:

a. Physical ability to perform asbestos abatement work without endangering the health and safety of themselves or others;

b. Free of any respiratory and/or health disorders which would prevent the person from wearing protective respiratory equipment;

c. Completion of a training program in asbestos abatement procedures approved by the Office of Management and Budget and periodic completion of approved retraining programs.

(d) Any contractor or asbestos worker may apply to the Office of Management and Budget for certification to perform asbestos abatement by submitting an application in the form specified by the Office of Management and Budget and the payment of such fees as may be established by the Office of Management and Budget.

(e) The fees for certification required pursuant to this chapter shall be established by the Office of Management and Budget in its rules and regulations. The fees may be adjusted periodically but shall approximate and reasonably reflect all costs necessary to defray the expenses incurred by the Office in operating the certification program.

(f) Asbestos workers certified by other states may request certification by reciprocity. The Office of Management and Budget will evaluate each request for reciprocity based upon evaluations of the quality of training received and quality of the other state’s certification program.
16 Del. C. § 2220 — Delaware Code / Title 16 / Chapter 22 / Section 2220
§ Â
        2220. Patientâs rights.
Status: in_force

It is the intent of the General Assembly and the purpose of this section to promote the interests and well-being of residential and nonresidential 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 such rights, which, unless otherwise provided by state or federal law, shall include but not be limited to the following:

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

(2) Each patient or patient’s representative of such patient or resident shall, prior to or at the time of admission, receive a written statement of the services provided by the facility, including those required to be offered on an “as needed” basis, and a statement of related charges for services not covered under Medicare or Medicaid or not covered by the facility’s basic per diem rate. Upon receiving such statement, the patient and the patient’s representative shall sign a written receipt which must be retained by the facility in its files.

(3) After admission, the facility shall submit to the patient and the patient’s representative, on a timely basis not to exceed 3 calendar months, a written, itemized statement detailing in language comprehensible to the ordinary lay person the charges and expenses the patient incurred during the treatment period. The statement shall contain a description of specific services, equipment and supplies received and expenses incurred for each such item. The statement shall include an explanation of any items identified by code or by initials. The facility shall make reasonable efforts to communicate the contents of the individual written statement to persons who it has reason to believe cannot read the statement.

(4) 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 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.

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

(6) Each patient 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’s discretion, persons not directly involved 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. Personal and medical records shall be treated confidentially and shall not be made public without the consent of the patient, 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. No personal or medical records shall be released to any person inside or outside the facility who has no demonstrable need for such records.

(7) 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.

(8) 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.

(9) 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.

(10) Every patient shall receive reasonable continuity of care.

(11) Every patient 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.

(12) Each patient has the right to manage personal financial affairs.

(13) Every patient has the right, personally or through other persons or in combination with others, to exercise patient 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 Division of Alcoholism, Drug Abuse and Mental Health, 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.

(14) A patient shall not be required to perform services for the facility.

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

(16) 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 are posted. The facility shall guarantee that a current list of patient’s rights are always posted in a highly visible and accessible place.

(17) Every patient shall have the right to receive information from agencies acting as client advocates and be afforded the opportunity to contact those agencies without reprisal.

(18) 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.

(19) 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.

(20) 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 or residents.

(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) Where a patient is a minor under the age of 18 years and the patient did not consent to treatment under this chapter, the patient’s rights shall devolve to a parent, legal custodian, relative caregiver or legal guardian, as appropriate.

(24) 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.

(25) The rights described in this section are in addition to, and not in derogation of, any other constitutional, statutory, or regulatory rights.
16 Del. C. § 2006 — Delaware Code / Title 16 / Chapter 20 / Section 2006
§ Â
        2006. Confidentiality and access to data.
Status: in_force

(a) The collection, compilation, data analysis and dissemination of reports and studies shall be done in a manner that protects the privacy of any individual about whom information is given. The state agency shall consider confidential any information that explicitly or implicitly identifies an individual. Raw data shall not be available for public inspection nor is it a public record within the meaning of the Delaware Freedom of Information Act [§ 10001 et seq. of Title 29].

(b) All compilations prepared and authorized by the state agency for release and dissemination shall be public records and efforts will be made to assure their accessibility.
16 Del. C. § 2202A — Delaware Code / Title 16 / Chapter 22A / Section 2202A
§ Â
        2202A. Certifying organizations; standards; regulations; application system; training and technical assistance.
Status: in_force

(a) The Division shall do all of the following:

(1) Authorize and contract with a certifying organization to establish and administer a voluntary certification program for recovery houses and a training program for operators.

(2) Adopt nationally-recognized standards for the certifying organization.

(3) Adopt nationally-recognized standards for the operation of recovery houses.

(4) Promulgate regulations and establish processes and requirements as necessary to implement this chapter.

(b) Subject to the Division’s approval, the certifying organization shall establish processes and requirements related to all of the following:

(1) Certification and required 2-year renewal applications.

(2) Admission agreements including termination and relapse policies.

(3) Inspecting recovery houses.

(4) Reporting, receiving, investigating, and resolving complaints.

(5) Confidentiality.

(6) Data collection and reporting related to residents including all of the following:

a. Demographics.

b. Length of stay.

c. Length of time substance free.

d. Employment history.

e. Criminal history.

f. Community network.

g. Destination upon vacating certified recovery house, including former residents who complied with a request to leave or were removed from the certified recovery house.

h. Any other criteria as required by the Division.

(7) Maintaining the online registry established under § 2204A of this title.

(8) Suspending or revoking a certification.

(9) Total number of approved and denied certifications.

(10) Appeals.

(11) Establish, operate, and maintain an online system enabling operators to submit applications, upload supporting documentation, pay fees, and report data.

(12) Develop and provide training and technical assistance programs for recovery houses.
16 Del. C. § 1220 — Delaware Code / Title 16 / Chapter 12 / Subchapter III / Section 1220
§ Â
        1220. Definitions.
Status: in_force

As used in this subchapter:

(1) “Health-care practitioner” means as defined in § 701 of this title.

(2) “Health-care professional” means as defined in § 701 of this title.

(3) “Informed consent” means the signing of a consent form by the patient or a person authorized to make health-care decision on behalf of the patient that satisfies all of the following conditions:

a. Is written in plain language.

b. Is dated.

c. Includes a description of the procedure to be performed.

d. States if there will be a student or resident that will perform or be present at the patient’s examination.
16 Del. C. § 144 — Delaware Code / Title 16 / Chapter 1 / Subchapter III / Section 144
§ Â
        144. Medical practitioners to report contagious diseases; use of laboratory for examination and diagnosis; other uses.
Status: in_force

(a) All physicians, dentists, veterinary surgeons or others practicing medicine or surgery or any branch thereof under the laws of this State shall be required to give prompt notice to the local or Division of Public Health of any and all cases of contagious or infectious disease that may come under their professional notice and shall have free access to the work of the laboratory for the determination of the diagnosis of any doubtful or suspicious case, by forwarding (prepaid) a sufficient sample of urine, blood, sputum or other substance of such case to the Pathologist and Bacteriologist for examination. The Pathologist and Bacteriologist shall examine the substance so sent and report to the physician, dentist or others sending the same the result of the examination without any unnecessary delay and without further charge. The physician, dentist or others shall report the result immediately as required by this subsection.

(b) The Department of Health and Social Services may also make full provisions for the free use of the laboratory for the examination of any matter or substance so as to determine the diagnosis of diseases neither contagious nor infectious, and either local or constitutional and for the examination of water or food supply for any citizen of the State.
16 Del. C. § 6709 — Delaware Code / Title 16 / Chapter 67 / Section 6709
§ Â
        6709. Permit required to operate ambulances.
Status: in_force

(a) No person, firm, corporation or association either as owner, agent or otherwise shall hereafter furnish, operate, conduct, maintain, advertise or otherwise engage in or profess to be engaged in the business or service of transporting patients under emergency conditions upon the streets or highways of this State unless the person, firm, corporation or association holds a currently valid permit for each ambulance used in such business or service issued by the Commission or a duly authorized representative thereof.

(b) Before a permit may be issued for a vehicle to operate as an ambulance, the registered owner must apply to the Commission for an ambulance permit. Application shall be made upon forms and according to procedures established by the Commission. Prior to issuing an original or renewal permit for an ambulance, the Commission or a duly authorized representative thereof shall determine that the vehicle for which the permit is issued meets all requirements as to medical equipment and supplies and sanitation as set forth in this chapter and the regulations of the Commission. Permits issued for ambulances shall be valid for a period specified by the Commission not to exceed 1 year.

(c) The Commission may issue temporary permits for vehicles not meeting required standards valid for a period not to exceed 90 days when it determines the public interest will be served thereby. Any temporary permit issued hereunder shall not be renewed.

(d) When a permit has been issued for an ambulance as specified herein, the vehicle for which issued and records relating to maintenance and operation of such vehicle shall be open to inspection by duly authorized representatives of the Commission at all reasonable times.

(e) The issuance of a permit hereunder shall not be construed so as to authorize any person, firm, corporation or association to provide ambulance services or to operate any ambulance without compliance with all ordinances and regulations enacted or promulgated by any county or municipal government concerning ambulances.
16 Del. C. § 1802 — Delaware Code / Title 16 / Chapter 18 / Section 1802
§ Â
        1802. Establishment of county plans.
Status: in_force

Each of the 3 counties shall prepare and administer a comprehensive and detailed plan for a system for the collection, storage and disposal of all solid wastes which are produced or are disposed of within the boundaries of the respective counties. Provided, however, that if a county does not indicate its willingness within 60 days from June 30, 1970, to submit a plan as provided in this section, the Division of Public Health of the Department of Health and Social Services shall conduct its own study and prepare plans as to that county. Such plans shall:

(1) Consider domestic, industrial, demolition, commercial and agricultural wastes;

(2) Provide for the control of the wastes from point of origin to the place or places of disposal;

(3) Include a method or methods of adequately financing the comprehensive plan;

(4) Establish an organization for the administration and enforcement of the comprehensive plan;

(5) Be completed and submitted to the Division of Public Health of the Department of Health and Social Services by April 1, 1971.
16 Del. C. § 9908 — Delaware Code / Title 16 / Chapter 99 / Subchapter II / Section 9908
§ Â
        9908. Duties.
Status: reserved

(a) The Board shall be responsible for overseeing implementation of policies designed to accomplish the purposes set forth in § 9907 of this title and shall report to the Commission on its progress in an annual report. Its activities and responsibilities shall include:

(1) Developing a recruitment program for medical education in conjunction with local colleges and universities to encourage medical school applications from minorities and residents of rural counties and underserved areas of Delaware, in addition to other students interested in pursuing a medical education.

(2) Developing and maintaining statewide communications, publicity and marketing plans in cooperation with the Delaware Higher Education Office and other interested parties, which will promote awareness of the existence of DIMER and the Sidney Kimmel Medical College of Thomas Jefferson University and the Philadelphia College of Osteopathic Medicine as Delaware’s alternatives to state-sponsored medical schools.

(3) Close monitoring of the relationship between the University of Delaware Medical Scholars Program and all out-of-state admission slots reserved for Delaware residents.

(4) Developing recruitment programs aimed at attracting premedical students interested in community and rural medicine; provided, however, that the Delaware Health Care Commission shall be empowered to expand or replace this activity with other duties if required by the future health care needs of the State.

(5) Support, as appropriate, private sector provider recruitment efforts by consolidating information collection and dissemination efforts, such as statewide recruitment brochures.

(6) Advising the Delaware Higher Education Office, Division of Public Health, and Delaware Health Care Commission as it administers and monitors scholarships, loans and loan repayment programs:

a. Aimed at attracting graduates and residents in disciplines in which there is a shortage as determined by the Delaware Health Care Commission; and

b. Offered to Delaware residents in financial need who wish to pursue a health-related education and to practice health-related professions in Delaware.

The Board may develop working relationships and affiliation agreements with other institutions to facilitate carrying out the purposes of this chapter. Any such agreements shall be approved by the Delaware Health Care Commission, and the State shall be a signatory to any documents setting the terms of the agreements.

(b) In its annual report, the Board shall include progress made on increasing diversity in the DIMER program.
16 Del. C. § 2706 — Delaware Code / Title 16 / Chapter 27 / Subchapter I / Section 2706
§ Â
        2706. Appointment of an Inspector of Anatomy.
Status: in_force

The Attorney General, in consultation with the Medical Council, shall, on such conditions as the Attorney General may deem fit, appoint as an Inspector of Anatomy, a medical practitioner or a person with a special training or experience in medicolegal matters, and the duties of such Inspector shall be to: (i) Enter and inspect periodically any or all approved institutions where dissection of dead bodies may be in progress and examine any body or record or thing relating to the use of such dead bodies; (ii) report to the Medical Council and the Attorney General any unsatisfactory condition relating to the custody, use or disposal of dead bodies at such institutions or any other place where they may be located; (iii) investigate the alleged misconduct of any authorized or unauthorized person who has access to dead bodies; and, for the purpose of this subchapter, any person who obstructs the Inspector of Anatomy in the performance of the Inspector’s duties shall be punishable by a fine not exceeding $100.
16 Del. C. § 2514A — Delaware Code / Title 16 / Chapter 25A / Section 2514A
§ Â
        2514A. Safeguards.
Status: in_force

Any individual or entity may petition the Court of Chancery for appointment of a guardian of the person of a patient if that individual or entity has good reason to believe that the withdrawal or withholding of health care in a particular case:

(1) Is contrary to the most recent expressed wishes of a patient;

(2) Is predicated on an incorrect assessment of the patient’s decision-making capacity;

(3) Is being proposed pursuant to a DMOST form that has been falsified, forged, or coerced;

(4) Is being considered without knowledge of a revocation of a completed DMOST form which has been unlawfully concealed, destroyed, altered, or cancelled; or

(5) Is based on a patient’s status either as an individual with a preexisting long-term mental or physical disability, or as an individual who is economically disadvantaged.
16 Del. C. § 2103 — Delaware Code / Title 16 / Chapter 21 / Section 2103
§ Â
        2103. Sterilization and disinfection of materials â Permit.
Status: in_force

(a) Any person engaged in the making, remaking or renovating of any mattress, pillow, bolster or comfortable in which secondhand material is used, or in the making of any new or secondhand feather or down filled article or engaged in sterilizing and disinfecting any material, feathers or article coming under this chapter, shall submit to the Department of Health and Social Services for approval a reasonable and effective process, together with duplicate plans of apparatus or auxiliary devices, for the sterilization and disinfection of secondhand material, feathers and secondhand articles enumerated in this section.

(b) Upon the approval of the process for sterilization and disinfection, a numbered permit for its use shall be issued to the applicant by the Department of Health and Social Services. Such permit shall expire 1 year from date of approval and issue. Every person to whom a permit has been issued shall keep such permit conspicuously posted in the person’s office or place of business. Refusal to display such permit in accordance with this chapter shall be sufficient reason to revoke and forfeit the permit.

(c) For all permits issued as required by this chapter (not including, however, by the term “permits” the “tags” otherwise referred to in this chapter) there shall at time of issue thereof be paid by the applicant to the Department of Health and Social Services a fee of $50.

(d) Nothing in this section shall prevent any person engaged in the making, remaking, renovating or sale of any article described in this section, which requires sterilizing and disinfecting under this section, from having such sterilizing and disinfecting performed by any person to whom a permit for such purposes has been issued, provided the number of the permit shall appear in the statement on the tag attached to the article.
16 Del. C. § 1002A — Delaware Code / Title 16 / Chapter 10A / Section 1002A
§ Â
        1002A. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Advisory Committee” means the Committee established under this chapter.

(2) “Behavioral health facility” means a facility that is primarily engaged in providing, by or under the supervision of a doctor of medicine or osteopathy, psychiatric services for the diagnosis and treatment of persons with a mental illness.

(3) “Correctional healthcare facility” means any healthcare facility operated at any Department of Correction facility in this State.

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

(5) “Dialysis center” means a facility approved to furnish outpatient dialysis services directly to end stage renal disease (ESRD) patients. Outpatient dialysis includes:

a. Staff-assisted dialysis (dialysis performed by the staff of the facility); and

b. Self-dialysis (dialysis performed with little or no professional assistance by an ESRD patient who has completed an appropriate course of training). ESRD is that stage of renal impairment that appears irreversible and permanent and requires a regular course of dialysis or kidney transplantation to maintain life.

(6) “Freestanding surgical center” means a facility licensed under Chapter 1 of this title.

(7) “Healthcare associated infection” means a localized or systemic condition:

a. That results from adverse reaction to the presence of an infectious agent or agents or its toxin or toxins; and

b. That was not present or incubating at the time of admission to the healthcare facility.

(8) “Healthcare facility” means a correctional healthcare facility, dialysis center, freestanding surgical center, hospital, long-term care facility, or behavioral health facility.

(9) “Hospital” means an acute care healthcare facility licensed under Chapter 10 of this title.

(10) “Long-term care facility” means a nursing facility or intermediate care facility for persons with intellectual disabilities licensed under Chapter 11 of this title.

(11) “Public report” means the report provided to the healthcare facilities and the public by the Department as set forth in this chapter.
16 Del. C. § 5543 — Delaware Code / Title 16 / Chapter 55 / Subchapter IV / Section 5543
§ Â
        5543. Delaware Network for Excellence in Autism.
Status: in_force

(a) The General Assembly hereby establishes the Delaware Network for Excellence in Autism (Network) in order to provide a resource for training and technical assistance for Delaware state agencies, organizations and other private entities operating in the State who provide services and support to individuals and families affected by ASD. Services shall be provided through a contract between the University of Delaware and the appropriate state agency.

(b) The Network shall be run by a Director, who shall be hired by the Center for Disabilities Studies, with representation on the hiring committee by the Interagency Committee for Autism.

(c) The Network Director shall be housed at the Center for Disabilities Studies at the University of Delaware, which shall be responsible for supervision of the Director.

(d) The Director of the Network shall be responsible for the creation of an annual report and submission of such to the Governor and the General Assembly.

(e) Network staff members shall possess experience in autism spectrum disorders and shall administer training and technical assistance in all cases utilizing accepted evidence-based practices.

(f) The Network shall maintain at least 1 administrative support staff position, who shall be responsible for supporting the day-to-day operations of the Network and shall be overseen by the Network Director.

(g) The Network shall consist of at least 4 team leader Network staff positions, to ensure adequate training across the areas of healthcare, education, vocational services and social services.

(h) Team leaders shall be overseen by the Network Director.

(i) The Network shall include at least 2 FTEs family trainer/navigators, who shall be responsible for assisting families in learning about and gaining access to needed services, including those from the state system. These services shall also include community training opportunities for individuals and families.

(j) Family navigators shall be contracted through Autism Delaware and shall provide a quarterly report on the number of families served and major issues encountered to the Network Director and the Interagency Committee on Autism.

(k) The Network shall develop and maintain a website that offers public visibility to the activities of the Network, the ICA, and tracks progress on attaining the goals of the Blueprint for Collective Action, as well as offering links to key autism services within Delaware.

(l) The Network shall support the operations of the ICA through the maintenance of the website, maintenance of reports created by the ICA and minutes of ICA meetings, as well as other support as needed.

(m) The Network shall consist of additional staff specifically designated to provide training, technical assistance and coaching to all local education agencies across Delaware.

(n) Training and technical assistance related to education will be managed by the Network in collaboration with the office of the Statewide Director of the Delaware Autism Program.

(o) The Network shall also administer additional contracts for training and technical assistance.

(p) The Network shall have the authority to contract with outside individuals and agencies in order to provide needed training and technical assistance consistent with the Network’s goals.

(q) Contracts shall be overseen by the Director of the Network.

(r) Contracted individuals shall adhere to similar standards of professional qualifications and demonstration of accepted, evidence-based practice as Network staff.

(s) The Network Director shall be empowered to seek and administer outside grant funding as appropriate to fulfill the mission of the Network.
16 Del. C. § 2521 — Delaware Code / Title 16 / Chapter 25 / Section 2521
§ Â
        2521. Duties of health-care professional, responsible health-care professional, and health-care institution.
Status: in_force

(a) A responsible health-care professional who is aware that an individual has been found to lack capacity to make a decision shall make a reasonable effort to determine if the individual has a surrogate.

(b) If possible before implementing a health-care decision made by a surrogate, a responsible health-care professional as soon as reasonably feasible shall communicate to the individual the decision made and the identity of the surrogate.

(c) A responsible health-care professional who makes or is informed of a finding that an individual lacks capacity to make a health-care decision or no longer lacks capacity, or that other circumstances exist that affect a health-care instruction or the authority of a surrogate, as soon as reasonably feasible, shall do both of the following:

(1) Document the finding or circumstance in the individual’s medical record.

(2) If possible, communicate to the individual and the individual’s surrogate the finding or circumstance and that the individual may object under § 2505(c) of this title to the finding under § 2504(b) of this title.

(d) A responsible health-care professional who is informed that an individual has created or revoked an advance health-care directive, or that a surrogate for an individual has been appointed, designated, or disqualified, shall do both of the following:

(1) Document the information as soon as reasonably feasible in the individual’s medical record.

(2) If evidence of the directive, revocation, appointment, designation, or disqualification is in a record, request a copy and, on receipt, cause the copy to be included in the individual’s medical record.

(e) Except as provided in subsections (f) and (g) of this section, a health-care professional or health-care institution providing health care to an individual shall comply with all of the following:

(1) A health-care instruction given by the individual regarding the individual’s health care.

(2) A reasonable interpretation by the individual’s surrogate of an instruction given by the individual.

(3) A health-care decision for the individual made by the individual’s surrogate in accordance with §§ 2517 and 2518 of this title to the same extent as if the decision had been made by the individual at a time when the individual had capacity.

(f) A health-care professional or a health-care institution may refuse to provide health care consistent with a health-care instruction or health-care decision if any of the following:

(1) The instruction or decision is contrary to a policy of the health-care institution providing care to the individual that is based expressly on reasons of conscience and the policy was timely communicated to the individual or to the individual’s surrogate.

(2) The care would require health care that is not available to the professional or institution.

(3) Compliance with the instruction or decision would require the professional to provide care that is contrary to the professional’s religious belief or moral conviction if other law permits the professional to refuse to provide care for that reason.

(4) Compliance with the instruction or decision would require the professional or institution to provide care that is contrary to generally accepted health-care standards applicable to the professional or institution.

(5) Compliance with the instruction or decision would violate a court order or other law.

(g) A health-care professional or health-care institution that refuses to provide care under subsection (f) of this section shall do all of the following:

(1) As soon as reasonably feasible, inform the individual, if possible, and the individual’s surrogate of the refusal.

(2) Immediately make a reasonable effort to transfer the individual to another health-care professional or health-care institution that is willing to comply with the instruction or decision.

(3) If care is refused under paragraph (f)(1) or (f)(2) of this section, provide life-sustaining care and care needed to keep or make the individual comfortable, consistent with accepted medical standards to the extent feasible, until a transfer is made.

(4) If care is refused under paragraphs (f)(3) through (f)(5) of this section, provide life-sustaining care and care needed to keep or make the individual comfortable, consistent with accepted medical standards, until a transfer is made or, if the professional or institution reasonably believes that a transfer cannot be made, for at least 15 days after the refusal.
16 Del. C. § 138 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 138
§ Â
        138. Community-based Naloxone access program.
Status: in_force

The Department shall:

(1) Promote the safe use of Naloxone to reduce deaths from opioid overdoses.

(2) Make education and training programs on the safe use of Naloxone available to people who hold doses of Naloxone for friends and family members who have an addiction to opioids.

(3) Establish a community-based Naloxone access program after researching best practices and obtaining grant funding. At a minimum, a community-based Naloxone access program will require participants to complete an approved training and education program prior to receiving doses of Naloxone and/or administering Naloxone. Naloxone may be distributed to people who complete the requirements set forth for this program.
16 Del. C. § 504 — Delaware Code / Title 16 / Chapter 5 / Subchapter I / Section 504
§ Â
        504. Notifiable diseases.
Status: in_force

The Division of Public Health may by regulation declare any disease to be a notifiable disease, as that term is used in § 130(b) of this title.
16 Del. C. § 1205 — Delaware Code / Title 16 / Chapter 12 / Subchapter I / Section 1205
§ Â
        1205. Conditions for disclosure to others of genetic information.
Status: in_force

(a) Regardless of the manner of receipt or the source of genetic information, including information received from an individual, a person shall not disclose or be compelled, by subpoena or any other means, to disclose the identity of an individual upon whom a genetic test has been performed or to disclose genetic information about the individual in a manner that permits identification of the individual, unless:

(1) Disclosure is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding or to protect the interests of an issuer in the detection or prevention of fraud, material misrepresentation or material nondisclosure;

(2) Disclosure is necessary to determine paternity;

(3) Disclosure is authorized by order of a court of competent jurisdiction;

(4) Disclosure is made pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29;

(5) Disclosure is authorized by obtaining informed consent of the tested individual describing the information to be disclosed and to whom;

(6) Disclosure is for the purpose of furnishing genetic information relating to a decedent for medical diagnosis of blood relatives of the decedent;

(7) Disclosure is for the purpose of identifying bodies;

(8) Disclosure is pursuant to newborn screening requirements established by state or federal law;

(9) Disclosure is authorized by federal law for the identification of persons; or

(10) Disclosure is by an insurer to an insurance regulatory authority;

(11) Disclosure is authorized in accordance with § 1201(4)c. of this title; or

(12) Disclosure is otherwise permitted by law.

(b) This section shall apply to any subsequent disclosure by any person after another person has disclosed genetic information or the identity of an individual upon whom a genetic test has been performed.
16 Del. C. § 4757 — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4757
§ Â
        4757. Miscellaneous drug crimes; class C or F felony.
Status: repealed

(a) It is unlawful for any person knowingly or intentionally:

(1) To distribute as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as required by § 4738 of this title;

(2) To use in the course of the manufacture, distribution, prescribing, dispensing or research of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, expired or issued to another person;

(3) To acquire or obtain or attempt to acquire or obtain, possession of a controlled substance or prescription drug by misrepresentation, fraud, forgery, deception or subterfuge;

(4) To furnish false or fraudulent material information in or omit any material information from, any application, report or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter;

(5) To make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance;

(6) To acquire or attempt to or obtain possession of a controlled substance by theft; or

(7) To prescribe, or administer to another, any anabolic steroid, as defined in § 4718(f) of this title, for the purposes of increasing human muscle weight or improving human performance in any form of exercise, sport, or game.

(b) Any person who violates paragraphs (a)(1) through (a)(7) of this section upon conviction shall be guilty of a class F felony.

(c) Solicitation of multiple prescription drug crimes; penalties. — (1) Any person who solicits, directs, hires, employs, or otherwise uses 1 or more other persons 3 or more times within a 30-day period to violate any provision of subsection (a) of this section shall be guilty of a class C felony.

(2) [Repealed.]

(3) Paragraph (c)(1) of this section shall constitute an offense if any of the defendant’s conduct or any of the violations of subsection (a) of this section occur within Delaware, or as otherwise provided pursuant to § 204 of Title 11.
16 Del. C. § 1119D — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1119D
§ Â
        1119D. Temporary staffing agencies.
Status: in_force

(a) A temporary staffing agency is required to register with the Division and renew the registration annually. In the event of a change in ownership, operation, or location, the temporary staffing agency shall update the registration under the rules adopted by the Department.

(b) A temporary staffing agency shall ensure that each employee the staffing agency assigns or refers for a position at a long-term care facility meets state and federal qualification requirements and has the appropriate work experience for that position. A temporary staffing agency shall maintain a record for each employee that must include documented evidence of credentials and required immunizations and documentation of any orientation, in-service education, and completion of training or educational program required by law. A temporary staffing agency shall make the record described in this subsection available to the Department or the long-term care facility where the employee is assigned upon either party’s request.

(c) A temporary staffing agency may not require, as a condition of employment, assignment, or referral, that an employee of the temporary staffing agency or staff contracted to the temporary staffing agency recruit new employees for the temporary staffing agency from among the permanent employees of the long-term care facility to which the temporary staffing agency employees or contracted staff have been assigned or referred.

(d) A temporary staffing agency shall provide an annual report to the Division that includes all of the following information:

(1) The number of total employees placed, the health-care settings where they were placed, the average duration of the placements, and the state of licensure for those employees.

(2) The total and average amounts charged during each quarter of the reporting period to a long-term care facility per employee providing services to the long-term care facility.

(3) Documentation showing that the temporary staffing agency has records that each employee contracted to a health-care facility during the reporting period had a current, unrestricted license or certification in good standing and met the training and continuing education standards required by state and federal law for the position with the long-term care facility throughout the entirety of the reporting period.

(4) Documentation showing that the temporary staffing agency has records that each employee contracted to a long-term care facility had satisfied all background checks required by federal and state law relating to the position and long-term care facility in which the employee was placed during the reporting period.

(e) The Division may charge a reasonable registration fee to temporary staffing agencies that may not exceed the costs to the Division of administering this section.
16 Del. C. § 7922 — Delaware Code / Title 16 / Chapter 79 / Section 7922
§ Â
        7922. Roof terminals, soil or waste stacks.
Status: in_force

The soil stack shall extend full size upward through the roof and have a free opening, the roof terminal being so located that there will be no danger of air passing from it to any window and no danger of clogging of the pipe by the frost or by articles being thrown into it or of roof water draining into it.
16 Del. C. § 714 — Delaware Code / Title 16 / Chapter 7 / Subchapter II / Section 714
§ Â
        714. Definitions.
Status: in_force

For purposes of this subchapter the following definitions shall apply:

(1) “AIDS” shall mean Acquired Immunodeficiency Syndrome, a stage of HIV illness.

(2) “Approved laboratory” shall mean a laboratory approved by the Department for the purpose of performing standard tests for HIV as recognized as such by the Department.

(3) “Clinical setting” shall mean prenatal clinics, hospital emergency departments, urgent care clinics, inpatient services, substance abuse treatment clinics, public health clinics, nursing homes, community clinics, correctional health-care facilities, blood banks, blood centers, sperm banks, primary care settings, and other public or private settings as defined by the Division.

(4) “Health-care provider” shall mean any nurse, physician, dentist or other dental worker, optometrist, podiatrist, chiropractor, laboratory or blood bank technologist or technician, phlebotomist, dialysis personnel, emergency health-care provider (including any paramedic, emergency medical technician, law-enforcement personnel or firefighter), others whose activities involve contact with patients, their blood or corpses, and other public or private providers as defined by the Division.

(5) “Health facility” shall mean a hospital, nursing home, clinic, blood bank, blood center, sperm bank, laboratory, or other health-care institution.

(6) “HIV” shall mean the Human Immunodeficiency Virus, a virus that can be transmitted sexually and that is identified as the causative agent of AIDS.

(7) “HIV-related tests” shall mean HIV tests, CD4 cell count tests, viral load tests, or any other tests related to HIV.

(8) “HIV test” shall mean a test to detect HIV infection.

(9) “Informed consent” means consent of the subject of the test or subject’s legal guardian to the performance of HIV testing by a health-care provider who has informed the subject or the subject’s legal guardian both verbally and in writing, to an extent reasonably comprehensive to general lay understanding, of the nature of the proposed testing and of the risks and alternatives to testing which a reasonable person would consider material to the decision whether or not to undergo testing.

(10) “Invasive medical procedure” shall mean any procedure involving surgical entry into tissues, cavities, or organs.

(11) “Legal guardian” shall mean a person appointed by a court to assume legal authority for another who has been found incompetent or, in the case of a minor, a person who has legal custody of the minor.

(12) “Manner known to transmit HIV” shall mean parenteral exposure to blood or blood products including but not limited to injection through the skin, sexual exposure, or exposure as otherwise determined by the Division.

(13) “Nonclinical setting” shall mean community-based organizations (CBO), outreach and education settings, mobile vans, and other settings as defined by the Division.

(14) “Person” shall mean any natural person, partnership, association, joint venture, trust, public, or private corporation, or health facility.

(15) “Prevention counseling” shall mean an interactive process of assessing risk, recognizing specific behaviors that increase the risk for acquiring or transmitting HIV, and developing a plan to take specific steps to reduce risks.

(16) “Release of test results” shall mean a written authorization for disclosure of test results, which is signed, dated and specifies to whom disclosure is authorized and the time period during which the release is to be effective.

(17) “Routine/opt-out testing” shall mean that the general consent for medical care shall encompass testing for HIV and that testing may be performed as a part of routine care unless it is declined and that declination is noted in the medical record. A separate consent for HIV testing is not required.

(18) “Test counseling” shall include information that includes an explanation of the testing process/procedure, the meaning of possible test results, and provision of resources for additional information about relevant infections. The information may be provided orally or in writing and the subject of the counseling given the opportunity to ask questions.
16 Del. C. § 4764A — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4764A
§ Â
        4764A. Legal marijuana-related activity.
Status: in_force

(a) For purposes of this section, “adult sharing” means transferring marijuana between persons who are 21 years of age or older without remuneration. “Adult sharing” does not include instances in which:

(1) Marijuana is given away contemporaneously with another reciprocal transaction between the same parties;

(2) A gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services; or

(3) A gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.

(b) Notwithstanding any other provision of this chapter, no civil or criminal penalty may be imposed, nor may criminal or civil asset forfeiture be pursued, for any of the following activities by an individual 21 years of age or older:

(1) Adult sharing of a personal use quantity or less of marijuana.

(2) Possessing, using, displaying, purchasing, or transporting marijuana accessories or a personal use quantity or less of marijuana outside of a motor vehicle.

(3) Possessing and transporting marijuana accessories or a personal use quantity or less of marijuana, inside of a motor vehicle as long as the marijuana accessories or marijuana is in a closed container or is not readily accessible to anyone inside the motor vehicle.

(4) Assisting another individual who is 21 years of age or older in any of the acts described in paragraphs (b)(1), (b)(2), and (b)(3) of this section.

(c) The following acts remain unlawful and an offense under the law of this State:

(1) Consuming marijuana in an area accessible to the public or in a moving vehicle, as defined and punished under § 4764(d) of this title.

(2) Growing, manufacturing, selling, or cultivating marijuana without a license granted under Chapter 49A of this title or other provision of Delaware law, as defined and punished under this chapter.

(3) Unlawfully using a license or identification card as defined and punished under § 2751 of Title 21.

(d) (1) A person or entity in the business of, or employed or contracted by an entity in the business of, receiving deposits, extending credit, processing funds transfers, transporting cash or financial instruments, or providing accounting or other financial services is not subject to criminal prosecution under Delaware law solely by virtue of providing any such service in compliance with Delaware law to a marijuana establishment licensed under Chapter 13 of Title 4 or to a compassion center or safety compliance facility registered under Chapter 49A of this title.

(2) For the purposes of this section, “person or entity” includes a state or federally-chartered bank or credit union, an armored car or other money transporter service operating under a license issued by the State Bank Commissioner under Chapter 32 of Title 5, a person or entity lending money under a license issued under Chapter 22 of Title 5, a certified public accountant or certified public accounting firm permitted or performing services under a practice privilege under Chapter 1 of Title 24, or a public accountant or public accounting firm permitted under Chapter 1 of Title 24.
16 Del. C. § 3052F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3052F
§ Â
        3052F. Poisoning of dogs.
Status: in_force

No person shall place any poison of any description in any place on the person’s premises, or elsewhere, where it may be easily found and eaten by dogs.
16 Del. C. § 8606 — Delaware Code / Title 16 / Chapter 86 / Section 8606
§ Â
        8606. Local ordinances.
Status: in_force

This chapter shall supersede any local, municipal or county ordinance or parts thereof relating to the subject matter hereof.
16 Del. C. § 1124 — Delaware Code / Title 16 / Chapter 11 / Subchapter II / Section 1124
§ Â
        1124. Staff training; issuance of regulations.
Status: in_force

(a) Each facility shall provide appropriate staff training to implement the bill of rights under § 1121 of this title. Within 60 days of any revisions to § 1121 of this title, each facility must provide appropriate staff training that addresses the content of the revisions.

(b) Rules and regulations implementing this subchapter shall be developed by the Department.
16 Del. C. § 7203 — Delaware Code / Title 16 / Chapter 72 / Section 7203
§ Â
        7203. Presumptive evidence of unlawful use.
Status: in_force

The use of a liquefied petroleum gas container or containers by any person other than the person whose name, mark, initial or device is on the liquefied petroleum gas container or containers without written consent, or purchase of the marked and distinguished liquefied petroleum gas container for the sale of liquefied petroleum gas or filling or refilling with liquefied petroleum gas, or possession of the liquefied petroleum gas containers by any person other than the person having the person’s name, mark, initial or other device thereon, without the written consent of such owner, shall be presumptive evidence of the unlawful use, filling or refilling or trafficking in of such liquefied petroleum gas containers.
16 Del. C. § 9006 — Delaware Code / Title 16 / Chapter 90 / Section 9006
§ Â
        9006. Subsidy contract â Pledge of support; terms; records; release of mortgages securing outstanding loans.
Status: in_force

A subsidy contract shall be entered into by the issuing officers on behalf of the State. The subsidy contract shall contain a pledge by the State to make payments, in the amount provided by the subsidy contract, from the Health Facilities Subsidy Fund, to the health facilities corporation from money on deposit in such Fund. No subsidy contract shall be entered into by the issuing officers unless they reasonably determine that the amounts from interest earned or profit realized in the Fund will be available to meet annual payments under the subsidy contract as they become due and payable. The issuing officers shall maintain records of all payments made and all payments owing under subsidy contracts. The issuing officers shall have the power to grant releases or satisfactions of mortgages granted to secure loans made from the Health Facility Construction Fund, provided that the Governor shall execute such release or satisfaction.
16 Del. C. § 190 — Delaware Code / Title 16 / Chapter 1 / Subchapter VIII / Section 190
§ Â
        190. Required warning of possible use effects of alcohol, cocaine, marijuana, heroin or other narcotics.
Status: in_force

(a) The Director of the Division of Public Health shall require any and all persons under its jurisdiction who treat, advise or counsel pregnant women to post and give written and verbal warnings to said pregnant women as to the possible problems, complications and injuries which may result to themselves and/or to the fetus from their consumption or use of alcohol, cocaine, marijuana, heroin or other narcotics during their pregnancy.

(b) The form and content of such warnings will be as prescribed by the Division of Public Health.
16 Del. C. § 6302 — Delaware Code / Title 16 / Chapter 63 / Section 6302
§ Â
        6302. Definitions.
Status: in_force

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

(1) Administrator. — The term “Administrator” means the Administrator of the United States Environmental Protection Agency.

(2) Department. — The term “Department” means the Department of Natural Resources and Environmental Control.

(3) Environment. — The term “environment” includes water, air and land and the interrelationship which exists among and between water, air and land and all living things.

(4) Extremely hazardous substance. — The term “extremely hazardous substance” means a substance included in the list established under § 6303 of this title.

(5) Facility. — The term “facility” means all buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by or under common control with such person). “Facility” shall include man-made structures as well as all natural structures in which chemicals are purposefully placed or removed through human means such that it functions as a containment structure for human use. For purposes of emergency release notification, the term includes motor vehicles, rolling stock and aircraft.

(6) Hazardous chemical. — The term “hazardous chemical” means any hazardous chemical as defined under § 1910.1200(c) [29 C.F.R. § 1910.1200(c)] of Title 29 of the Code of Federal Regulations, except that such term does not include the following substances:

a. Any food, food additive, color additive, drug or cosmetic regulated by the Food and Drug Administration.

b. Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.

c. Any substance to the extent it is used for personal, family or household purposes or is present in the same form and concentration as a product packaged for distribution and use by the general public.

d. Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual.

e. Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.

(7) Local emergency planning committee. — The term “local emergency planning committee” means the local emergency planning committee appointed by the State Emergency Response Commission.

(8) Manufacture. — The term “manufacture” means to produce, prepare, import or compound a toxic chemical.

(9) Mixture. — The term “mixture” means a heterogeneous association of substances where the various individual substances retain their identities and can usually be separated by mechanical means. The term includes solutions or compounds but does not include alloys or amalgams.

(10) Motor vehicle fuel. — The term “motor vehicle fuel” means a petroleum or petroleum-based substance that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any grade of gasohol and is typically used in the operation of a motor engine.

(11) Person. — The term “person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state or interstate body.

(12) Present in the same form and concentration as a product packaged for distribution and use by the general public. — This phrase means a substance packaged in a similar manner and present in the same concentration as the substance when packaged for use by the general public, whether or not it is intended for distribution to the general public or used for the same purpose as when it is packaged for use by the general public.

(13) Process. — The term “process” means the preparation of a toxic chemical, after its manufacture, for distribution in commerce:

a. In the same form or physical state as or in a different form or physical state from that in which it was received by the person so preparing such chemical; or

b. As part of an article containing the toxic chemical.

(14) Release. — The term “release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment (including the abandonment or discarding of barrels, containers and other closed receptacles) of any hazardous chemical, extremely hazardous substance or toxic chemical.

(15) Secretary. — The term “Secretary” means the Secretary of the Department of Natural Resources and Environmental Control.

(16) Source reduction. — The term “source reduction” means any practice which:

a. Reduces the amount of any hazardous substance, pollutant or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, energy recovery, treatment or disposal; and

b. Reduces the hazards to public health and the environment associated with the release of such substances, pollutants or contaminants.

(17) Toxic chemical. — The term “toxic chemical” means a substance included on the list established under § 6307 of this chapter.

The term includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training or inventory control. The term does not include any practice which alters the physical, chemical or biological characteristics or the volume of a hazardous substance, pollutant or contaminant through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service.
16 Del. C. § 2210 — Delaware Code / Title 16 / Chapter 22 / Section 2210
§ Â
        2210. Voluntary treatment for substance abuse.
Status: in_force

(a) A person in need of treatment or anyone engaging in substance abuse may request voluntary treatment from a licensed treatment facility. If the applicant is a person who is incompetent or a minor under 14 years of age, a parent, legal custodian, relative caregiver or legal guardian shall make the request for voluntary treatment and give written consent for treatment.

(b) If a minor is 14 years of age or over, then either the minor, or a parent, legal custodian, relative caregiver or legal guardian may give written consent to a treatment facility for voluntary treatment for nonresidential treatment. In the case of residential treatment, consent to treatment shall be given only by a parent, custodian, relative caregiver or legal guardian. Consent so given by a minor 14 years of age or over shall, notwithstanding the minor’s minority, be valid and fully effective for all purposes regardless of whether such minor’s substance abuse is subsequently medically confirmed and shall be binding upon such minor, the minor’s parents, custodian, relative caregiver and legal guardian as effectively as if the minor were of full legal age at the time of giving such written consent. Consent so given shall not be subject to later denial or disclaimer, and the consent of no other person or court shall be necessary for the treatment rendered such minor.

(c) Subject to regulations adopted by the Secretary, or in the case of a treatment program for minors, the Secretary of the Department of Services for Children, Youth and Their Families, an administrator of a treatment facility may determine who shall be admitted for treatment. If a person is refused admission to a facility, the Division, subject to the rules adopted by the Secretary, shall refer the person to another facility for treatment if available and appropriate.

(d) If a voluntary patient requests or attempts to leave a treatment facility against the advice of the treatment team and administrator of the facility, the facility may initiate involuntary treatment procedures as provided for under this chapter. If the patient is a minor or is incompetent, the request for discharge against advice shall be made by a parent, custodian, relative caregiver, legal guardian or other appropriate legal representative, and the provisions of this subsection shall apply as if the patient had made the request.
16 Del. C. § 2904 — Delaware Code / Title 16 / Chapter 29 / Section 2904
§ Â
        2904. Smoking restrictions inapplicable.
Status: in_force

This chapter shall not apply to any of the following:

(1) Private homes, private residences, or private vehicles, except when any of the following apply:

a. The home, residence, or vehicle is being used for child care or day care.

b. The private vehicle is being used for the public transportation of children or as part of health-care or day care transportation.

c. A passenger under 16 years of age is in the vehicle.

(2) Any indoor area where private social functions are being held when seating arrangements are under the control of the sponsor of the function and not the owner, operator, manager, or person in charge of the indoor area.

(3) Limousines under private hire, unless a passenger under 16 years of age is in the limousine.

(4) A hotel or motel room rented to 1 or more guests; provided that the total percentage of such hotel or motel rooms does not exceed 25%.

(5) Any fundraising activity or function sponsored by a volunteer fire company, auxiliary of a fire company, or a volunteer ambulance or volunteer rescue company, if the fundraising activity or function takes place upon property owned or leased by the volunteer fire, rescue, or ambulance company.

(6) Any fundraising activity or function sponsored by a fraternal benefit society as defined under § 6201 of Title 18, if the fundraising activity or function takes place upon property owned or leased by the fraternal benefit society.
16 Del. C. § 2711 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2711
§ Â
        2711. Persons who may execute an anatomical gift.
Status: in_force

(a) Any individual of sound mind and 18 years of age or more or an agent of such an individual, or an individual not of such age who has parental consent may give all or any part of the individual’s body for any purposes specified in § 2712 of this title, the gift to take effect upon the donor’s death. However, a married minor may make such a donation without parental consent.

(b) “Parental consent” as used in this section shall be defined as the recorded permission by any of the following persons in order of priority stated below when persons of prior classes are no longer living or no longer have contractual capacity and when there is no notice to a donee of an objection, written or otherwise, by a person of the same class:

(1) Either parent;

(2) A legal guardian;

(3) Any individual having legal custody.

(c) Any of the following persons, who are reasonably available, in order of priority stated, when persons in prior classes are not available at the time of death and in the absence of known objections by the decedent or by a member of the same or a prior class, may give all or any part of the decedent’s body for any purpose specified in § 2712 of this title:

(1) An agent of the decedent;

(2) The spouse of the decedent (unless a petition for divorce has been filed);

(3) An adult child of the decedent;

(4) A parent of the decedent;

(5) An adult sibling of the decedent;

(6) An adult grandchild of the decedent;

(7) An adult niece or nephew of the decedent;

(8) An adult aunt or uncle of the decedent;

(9) Any other person related to the decedent by blood, marriage or adoption or an adult who exhibited special care and concern for the decedent;

(10) A guardian of the person of the decedent at the time of death;

(11) Any other person authorized or obligated to dispose of the decedent’s body;

(12) A hospital administrator or their designee of the institution at which the decedent was a patient at the time of death.

(d) If the donee knows of an objection by the decedent or that a gift authorized by a member of a class is opposed by 50 percent or more of the reasonably available members of the same class or by a member of a prior class, the donee shall not accept the gift. The persons authorized by subsection (c) of this section may make the gift after death or immediately before death. A gift made by a person authorized pursuant to subsection (c) of this section may be amended or revoked by that person subject to § 2715(d) of this title.

(e) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.

(f) The rights of the donee created by the gift are paramount to the rights of others except as provided by § 2716(f) of this title.

(g) A donor’s gift of all or any part of the individual’s body, as indicated pursuant to this chapter, including, but not limited to, a designation on a driver’s license or identification card, donor card, advance health-care directive, will or other document of gift, may not be revoked by the next-of-kin or other persons identified in subsection (c) of this section, nor shall the consent of any such person at the time of the donor’s death or immediately thereafter be necessary to render the gift valid and effective.

(h) The absence of a document of gift, in and of itself, shall not create any presumption regarding the person’s wishes regarding anatomical donation.
16 Del. C. § 925 — Delaware Code / Title 16 / Chapter 9 / Subchapter II / Section 925
§ Â
        925. Petition for substantiation.
Status: in_force

(a) If a person responds to the Department and requests a hearing in the Family Court before being entered on the Registry, as provided in § 924 of this title, the Department shall, unless the automatic stay provisions of § 927 of this title apply, file in the Family Court no later than 45 days after receipt of the written request, or in the case of a child, no later than 45 days after the notice of intent to substantiate was sent to the child, a petition for substantiation which requests that the Court substantiate the abuse or neglect and enter the person on the Child Protection Registry at a Child Protection Level designated by the Court.

(b) The petition for substantiation must be filed in the county in which the alleged incident leading to the petition occurred.

(c) The Family Court may, upon motion by the Department or sua sponte, enter an order that places the person on the Registry at a designated Child Protection Level pending a final order on the petition for substantiation.

(d) The Family Court shall appoint counsel for any unrepresented child against whom a petition for substantiation has been filed.
16 Del. C. § 7304 — Delaware Code / Title 16 / Chapter 73 / Section 7304
§ Â
        7304. Civil liability.
Status: in_force

If any person sustains property damage or personal injury by reason of a violation of this chapter by another person, the person guilty of the violation shall be liable to the person injured for damages sustained thereby.
16 Del. C. § 1416 — Delaware Code / Title 16 / Chapter 14 / Section 1416
§ Â
        1416. Rights of bondholders and trustees.
Status: in_force

Any holder of revenue bonds issued by an authority under this chapter or any of the coupons appertaining thereto and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by the resolution or trust agreement providing for the issuance of such bonds, may either at law or in equity, by suit, mandamus or other proceeding protect and enforce any and all rights under the laws of this State or granted hereunder or under such resolution or trust agreement, and may enforce and compel the performance of all duties required by this chapter or by such resolution or trust agreement to be performed by the authority or by an officer thereof, including the fixing, charging and collecting of rates, fees and charges for the use of or for the services furnished by any project.
16 Del. C. § 2520 — Delaware Code / Title 16 / Chapter 25 / Section 2520
§ Â
        2520. Co-agents; alternate agent.
Status: in_force

(a) An individual in a power of attorney for health care may appoint multiple individuals as co-agents. Unless the power of attorney provides otherwise, each co-agent may exercise independent authority.

(b) An individual in a power of attorney for health care may appoint 1 or more individuals to act as alternate agents if a predecessor agent resigns, dies, becomes disqualified, is not reasonably available, or otherwise is unwilling or unable to act as agent.

(c) Unless the power of attorney provides otherwise, an alternate agent has the same authority as the original agent in either of the following:

(1) At any time the original agent is not reasonably available or is otherwise unwilling or unable to act, for the duration of the unavailability, unwillingness, or inability to act.

(2) If the original agent and all other predecessor agents have resigned or died or are disqualified from acting as agent.
16 Del. C. § 7911 — Delaware Code / Title 16 / Chapter 79 / Section 7911
§ Â
        7911. Adequate water supply.
Status: in_force

Buildings in which water closets and other plumbing fixtures exist shall be provided with a supply of water adequate in volume and pressure for flushing purposes.
16 Del. C. § 204 — Delaware Code / Title 16 / Chapter 2 / Subchapter I / Section 204
§ Â
        204. Confidentiality of reports.
Status: in_force

(a) Any report of the diagnosis or treatment, of a congenital disability made under this subchapter may not be divulged nor made public in any way that might tend to disclose the identity of the person or family of the person to whom it relates. However, patient-identifying information may be exchanged with the Department of Education and among authorized agencies as approved by the Department and upon receipt by the Department of satisfactory assurances by those agencies of the preservation of the confidentiality of such information.

(b) No individual or organization providing information to the Department in accordance with this subchapter may be deemed to be liable for or held liable for divulging confidential information.
16 Del. C. § 1012 — Delaware Code / Title 16 / Chapter 10 / Subchapter I / Section 1012
§ Â
        1012. Reportable events.
Status: in_force

(a) Hospitals must report all major adverse incidents involving a patient to the Department within 10 calendar days.

(1) A major adverse incident is a patient safety event (not primarily related to the natural course of the patient’s illness or underlying condition) that reaches a patient. The Department shall define “major adverse incident” and provide further clarification in regulation.

(2) Major adverse incidents must be investigated by the hospital.

(3) A summary of the hospital’s investigative findings will be forwarded to the Department within a timeframe agreeable to both parties.

(b) Hospitals must notify the Department immediately of any event occurring within the hospital that jeopardizes the health or safety of patients or employees including:

(1) An unscheduled interruption for 3 or more hours of physical plant or clinical services impacting the health or safety of patients or employees.

(2) A fire, disaster or accident which results in evacuation of patients out of the hospital.

(3) An alleged or suspected crime which endangers the life or safety of patients or employees, which is also reportable to the police department, and which results in an immediate on-site investigation by the police.

(4) An alleged incident of medication diversion, as defined under § 1131 of this title.

(c) Information submitted as a major adverse incident is considered peer review information and not subject to public disclosure except as aggregate data.
16 Del. C. § 2603 — Delaware Code / Title 16 / Chapter 26 / Section 2603
§ Â
        2603. Screening prior to child care or school enrollment.
Status: in_force

(a) For every child who has reached the age of 12 months, child care facilities and public and private nursery schools, preschools, and kindergartens shall require proof of screening for lead poisoning for admission or continued enrollment.

(b) Except in the case of enrollment in kindergarten, the screening under subsection (a) of this section may be done within 60 calendar days of the date of enrollment.

(c) A child’s parent or guardian must provide 1 of the following:

(1) A statement from the child’s primary health-care provider that the child has received a screening for lead poisoning.

(2) A certificate signed by the parent or guardian stating that the screening is contrary to the parent’s or guardian’s religious beliefs.

(d) The Division of Public Health shall ensure that all school nurses have access to data that confirms or denies whether each enrolled child has been screened for lead poisoning and the results of all lead screenings or tests. A record of the proof of screening shall be kept in each student’s school health record. Results must be in micrograms per deciliter and provided by Jan 1, 2025.

(e) By November 1 of each year, all school districts and charter schools must report to the Division of Public Health the number of students enrolled in kindergarten who have not met the requirements under subsection (c) of this section.

(f) Any contracts or computer upgrades must continue to include lead results.
16 Del. C. § 140 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 140
§ Â
        140. Lyme Disease Education Oversight Board [Expires Aug. 29, 2032, pursuant to 84 Del. Laws, c. 13, Â 3].
Status: repealed

(a) The Lyme Disease Education Oversight Board (“the Board”) is established to implement health-care professional education on Lyme disease to improve understanding of the disease. The goal of the Board is to educate health-care professionals regarding the need for a unified strategy to combat Lyme disease and other tickborne diseases in Delaware. For administrative and budgetary purposes only, the Board shall be placed within the Department of Health and Social Services. The Delaware Division of Public Health shall provide staff support for the Board.

(b) The Board shall consist of 11 members who possess the qualifications and are appointed as follows:

(1) The Governor shall appoint the following members:

a. Two members who are advocates for the prevention and treatment of Lyme disease, such as a Lyme disease patient or patient advocate.

b. One member who is a physician licensed to practice medicine in Delaware and is a board-certified infectious disease specialist who has experience in the treatment of patients with Lyme disease, in consultation with the Medical Society of Delaware.

c. One member who is a nurse licensed to practice nursing in Delaware who has experience in the treatment of patients with Lyme disease.

d. One member who is a health-care professional licensed to practice in Delaware other than a physician or nurse and who has experience in the treatment of patients with Lyme disease.

e. One individual who has knowledge and experience in the education of health-care practitioners.

(2) The Pro Tempore of the Delaware State Senate shall appoint 2 members as follows:

a. A member of the public at large.

b. One infectious disease epidemiologist.

(3) The Speaker of the Delaware House of Representatives shall appoint 2 members as follows:

a. A member of the public at large.

b. One Delaware-licensed veterinarian or entomology specialist.

(4) The Director of the Division of Public Health, or the Director’s designee.

(c) The Board shall:

(1) Determine the content of Lyme disease and other tickborne diseases medical education materials, ensuring quality and balanced medical education by including the philosophies of the Centers For Disease Control, the guidelines established by the International Lyme and Associated Diseases Society, as well as the latest scientific evidence and research relating to Lyme disease and other tickborne diseases.

(2) Educate health-care professionals in the State that Lyme disease and other tickborne diseases can be diagnosed clinically based on history and physical examination, and serologic antibody testing can confirm, but is not required to make, a clinical diagnosis.

(3) Educate health-care professionals to develop a high level of awareness of Lyme disease and other tickborne diseases.

(4) In conjunction with the Medical Society of Delaware and the Delaware Nurses Association, develop continuing medical education credits and nursing continuing education units on Lyme disease and other tickborne diseases and encourage health-care professionals to take the continuing education courses as soon as reasonably practicable.

(5) Host continuing medical education and nursing continuing education trainings relating to Lyme disease and other tickborne diseases in all 3 counties and, if reasonably practicable, at hospitals to encourage the largest possible attendance by health-care professionals.

(6) Deliver education in a variety of methods, using professional associations, medical journals, radio, Internet, conferences, and linking medical training with a public awareness campaign relating to Lyme disease and other tickborne diseases.

(d) The Governor shall appoint members for an initial term of 1 year, and thereafter shall appoint members for staggered terms so that no more than 3 members’ terms expire in any 1 calendar year. An appointed member serves for a term of up to 3 years and is eligible for reappointment.

(1) The members appointed by the Pro Tempore of the Senate and the Speaker of the House of Representatives and the 2 members who are advocates for the prevention and treatment of Lyme disease are appointed for an initial term of 3 years.

(2)-(4) [Repealed.]

(e) The Board shall select a Chair and Vice Chair from among its members.

(f) A majority of members appointed to the Board shall constitute a quorum to conduct official business.

(g) [Repealed.]

(h) Members of the Board shall serve without compensation, except that they shall be reimbursed for reasonable and necessary expenses incident to their duties as members of the Board excluding mileage. The Department shall pay such expenses.

(i) The Department shall submit to the Governor and the General Assembly an annual report that contains, at a minimum, all of the following information:

(1) The title, description, and schedule of continuing medical education and nursing continuing education courses related to Lyme disease education.

(2) Attendance of continuing medical education and nursing continuing education courses by the health-care professional population.

(3) Specific accounting of fees and costs.
16 Del. C. § 3001 — Delaware Code / Title 16 / Chapter 30 / Section 3001
§ Â
        3001. Osteoporosis prevention and education.
Status: in_force

The Secretary of Health and Social Services shall establish, promote, and maintain an osteoporosis prevention and education initiative in order to raise public awareness of the causes and nature of osteoporosis, personal risk factors, the value of prevention and early detection, and options for diagnosing and treating the disease and to educate consumers, health professionals, teachers and human services providers.
16 Del. C. § 1168 — Delaware Code / Title 16 / Chapter 11 / Subchapter VII / Section 1168
§ Â
        1168. Waiver.
Status: in_force

A residential health facility may seek from the Delaware Nursing Home Residents Quality Assurance Commission a time-limited waiver of the minimum staffing requirements required under § 1162(c) and (e) of this title. Such waiver will only be granted upon a showing of exigent circumstances, including but not limited to documented evidence of the facility’s best efforts to meet the minimum staffing requirements under § 1162(c) and (e) of this title. Any such waiver will be time-limited and will include a plan and a timeline for compliance with this chapter. The Commission may seek input from the Department of Labor in terms of issues of labor availability in connection with any waiver request under this section.
16 Del. C. § 6665 — Delaware Code / Title 16 / Chapter 66A / Section 6665
§ Â
        6665. Withdrawal of an employer.
Status: in_force

(a) A participating employer may withdraw from the Fund by providing a resolution from its governing body to the Board. The withdrawing employer shall be ineligible to rejoin the Fund at a future date. The withdrawing employer shall be required to make a withdrawal liability payment as provided under subsection (c) of this section.

(b) All vested members of the employer shall be eligible for benefits accrued with the Fund up to the withdrawal date. All nonvested members will be eligible for a withdrawal benefit as provided under § 6660 of this title.

(c) The employer will remain liable to the Fund for the employer’s share of any unfunded actuarial liability of the Fund which is attributable to the members of the employer who have either retired or will retire from the Fund. The employer’s liability shall be calculated on the basis of the actuarial assumptions used in the Fund’s most recent actuarial valuation. The calculation will be based on the Fund’s present value of accrued benefits less the market value of assets multiplied by the fraction of the total amount required to be contributed to the Fund by the employer over the past 5 years divided by the total amount required to be contributed to the Fund by all participating employers during the past 5 years. The employer’s liability shall be paid in accordance with a schedule determined by the Board over a period not to exceed 2 years. Any payment schedule shall use an interest rate equal to the rate of investment return used in the actuarial valuation adopted by the Board prior to the withdrawal date.

(d) Should a volunteer fire company take formal action to disband their auxiliary organization the withdrawal liability payment pursuant to subsection (c) of this section shall be paid by the volunteer fire company.
16 Del. C. § 2408 — Delaware Code / Title 16 / Chapter 24 / Section 2408
§ Â
        2408. Hazardous chemical labels.
Status: in_force

(a) Existing labels on incoming containers of hazardous chemicals shall not be removed or defaced.

(b) Employees shall not be required to work with a hazardous chemical from an unlabeled container except for a portable container intended for the immediate use of the employee who performs the transfer.
16 Del. C. § 708 — Delaware Code / Title 16 / Chapter 7 / Subchapter I / Section 708
§ Â
        708. Prenatal standard tests for syphilis, gonorrhea, chlamydia and other STDs.
Status: in_force

(a) Every health-care professional qualified to attend a pregnant woman in this State during gestation shall take or cause to be taken suitable specimens of such woman and submit such specimens to an approved laboratory for standard tests for syphilis and gonorrhea, chlamydia and other such tests for STDs as may be designated by the Department of Health and Social Services. Every other person permitted by law to attend upon pregnant women in the State but not permitted by law to take such specimens shall cause such specimens of such pregnant woman to be taken by a qualified health-care professional and submitted to an approved laboratory for standard tests for gonorrhea, syphilis and chlamydia and other such tests for STDs as may be designated by the Department of Health and Social Services. The specimens shall be taken at the time of the first examination relating to the current pregnancy and a second specimen during the third trimester of pregnancy which is in addition to or exclusive of the test taken at delivery. Every pregnant woman shall permit the specimens to be taken by a qualified health care professional as herein provided. However, the Director or the Director’s authorized deputy within the county wherein any person affected by this section resides may waive the requirements of this section if the Director or deputy is satisfied by written affidavit or other notarized written proof that the tests required by this section are contrary to the tenets and practices of the religious teachings of which the applicant is an adherent, and that the public health and welfare would not be injuriously affected by such waiver.

(b) The term “approved laboratory” means a laboratory approved for this purpose by the Department of Health and Social Services. Standard tests for syphilis, chlamydia and gonorrhea are ones recognized as such by the Department of Health and Social Services.

(c) The laboratory tests required by this section shall be made on request without charge by the Department of Health and Social Services.
16 Del. C. § 6634 — Delaware Code / Title 16 / Chapter 66 / Subchapter IV / Section 6634
§ Â
        6634. Smoke detectors; compliance dates.
Status: in_force

(a) For each newly erected or constructed 1-family and 2-family dwelling, mobile home, modular home or townhouse listed in § 6631 of this title, the compliance date shall be July 8, 1993.

(b) For all existing 1-family and 2-family dwellings, mobile homes, modular homes or townhouses listed in § 6631 of this title, erected or constructed prior to July 8, 1993, the compliance date shall be July 1, 1994.

(c) For all other residential occupancies listed in § 6633 of this title, constructed after July 8, 1993, the required smoke detection devices and/or smoke detection systems shall be installed at time of construction.

(d) For all other existing residential occupancies listed in § 6633 of this title, newly erected or constructed prior to July 8, 1993, the compliance date shall be July, 1, 1996.
16 Del. C. § 4763 — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4763
§ Â
        4763. Possession of controlled substances or counterfeit controlled substances; class B misdemeanor.
Status: repealed

(a) It shall be unlawful for any person to knowingly or intentionally possess, use, or consume a controlled substance or a counterfeit controlled substance (except a controlled substance or counterfeit controlled substance classified in § 4714(d)(19) of this title) unless:

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

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

a. Pharmacists.

b. Practitioners.

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

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

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

f. Common carriers.

g. Manufacturers, wholesalers, and distributors.

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

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

(b) Any person who violates subsection (a) of this section shall be guilty of a class B misdemeanor.

(c) [Repealed.]
16 Del. C. § 7701 — Delaware Code / Title 16 / Chapter 77 / Section 7701
§ Â
        7701. Scaffolding regulations.
Status: in_force

(a) A person employing or directing another to perform labor of any kind in the erection, repairing, altering or painting of a house, building or structure shall not furnish or erect or cause to furnished or erected for the performance of such labor scaffolding, hoists, stays, ladders or other mechanical contrivances which are unsafe, unsuitable or improper and which are not so constructed, placed and operated as to give proper protection to the life and limb of a person so employed or engaged.

(b) Scaffolding or staging swung or suspended from an overhead support or erected with stationary supports more than 20 feet from the ground or floor, except scaffolding wholly within the interior of a building and which covers the entire floor space of any room therein, shall have a safety rail of suitable material, properly bolted, secured and braced, rising at least 34 inches above the floor or main portions of such scaffolding or staging and extending along the entire length of the outside and the ends thereof, with such openings as may be necessary for the delivery of materials, and properly attached thereto, and such scaffolding or staging shall be so fastened as to prevent the same from swaying from the building or structure.
16 Del. C. § 1402 — Delaware Code / Title 16 / Chapter 14 / Section 1402
§ Â
        1402. General referendum; creation of authority; certificate and recording; certification of information to Secretary of State.
Status: in_force

(a) (1) After a favorable majority referendum vote at a special election in the municipality or in each of the municipalities creating an authority, which referendum election shall be held on the same date in each of such municipalities, the governing body of a municipality or the governing bodies of 2 or more municipalities may by ordinances or resolutions signify their intention to create an authority to acquire, construct, reconstruct, extend, repair, improve, maintain and operate a project under an appropriate name and title, containing the word “authority,” which shall be a public body politic and corporate.

(2) Notice of the holding of such referendum election shall be authorized by resolution of the governing body of each municipality and published once a week for at least 3 consecutive weeks in at least 1 newspaper circulating in the municipality. Such notice shall set out in summary form the purpose, the date and place of holding the referendum election and the hours the polls will be open.

(3) At said referendum election every resident and nonresident taxable of the municipality of the age of 21 years or upwards who has, by the time of voting, paid all municipal taxes theretofore assessed to the taxable resident or nonresident and/or assessed against the property the taxable resident or nonresident owns at the time of the referendum election shall be entitled to vote and shall have 1 vote for each dollar, or fractional part of a dollar, of taxes paid by the taxable resident or nonresident according to the last municipal assessment and tax payment records preceding the referendum election. The judge of the election shall note on the outside of each ballot, before the judge deposits the ballot in the ballot box, the number of votes to which each voter is entitled, in accordance with municipal assessment and tax payment records.

(4) In cases of jointly owned property the votes of the owners of shares therein shall be in accordance with their respective shares or, if all owners appear at the polls and so consent, all of the votes may be cast by the owner of any share, except that the spouse first present at the polls may cast all the votes in reference to property held by a married couple as tenants by the entirety. Life tenants shall have the entire vote as to the property so held and holders of remainder interest only shall have no vote by reason thereof.

(5) The clerk of each municipality shall provide sufficient ballots which shall have printed thereon “For” and “Against.” The election shall be conducted in conformity with the provisions governing general elections as provided in Chapter 49 of Title 15.

(b) Each such ordinance or resolution shall include articles of incorporation which shall set forth:

(1) The name of the “authority;”

(2) A statement that such authority is formed under this chapter;

(3) The name of the incorporating municipality or municipalities;

(4) The names, addresses and terms of office of the first members of the board of said authority and, if the governing body of the municipality determines that its members shall constitute the board of said authority, a statement to that effect;

(5) The purpose or purposes for which the authority is to be created or is created.

(c) The articles of incorporation shall be executed by each incorporating municipality by its proper officers and shall be filed with the Secretary of State, who shall receive the same and endorse thereon the date and time of such receipt. If the Secretary of State finds that the articles of incorporation conform to law, the Secretary of State shall forthwith endorse the Secretary of State’s own approval thereon and issue a certificate of approval to which shall be attached a copy of the approved articles. Upon the issuance of such certificate of approval by the Secretary of State, the corporate existence of said authority shall begin and thereupon such authority shall be conclusively deemed to have been lawfully and properly created and established and authorized to exercise its powers under this chapter. Promptly thereafter the Secretary of State shall record said articles of incorporation, together with the endorsements thereon, in a book to be kept for that purpose.

(d) When the authority has been organized and its officers elected, the secretary shall certify to the Secretary of State the names and addresses of its officers as well as the principal office of the authority. Any change in the location of the principal office shall likewise be certified to the Secretary of State within 10 days after such change.
16 Del. C. § 4798 — Delaware Code / Title 16 / Chapter 47 / Subchapter VII / Section 4798
§ Â
        4798. The Delaware Prescription Monitoring Program [For application of this section, see 85 Del. Laws, c. 19, Â 3].
Status: repealed

(a) It is the intent of the General Assembly that the Delaware Prescription Monitoring Act established pursuant to this section serves as a means to promote public health and welfare and to detect the illegal use of controlled substances. The Delaware Prescription Monitoring Act shall have the dual purpose of reducing misuse and diversion of controlled substances in the State while promoting improved professional practice and patient care.

(b) Definitions. — (1) “Administer” or “administration” means the direct application of a drug to the body of a patient by injection, inhalation, ingestion, or any other means.

(2) “Chemical dependency professional” means a person who uses addiction counseling methods to assist an individual or group to develop an understanding of alcohol and drug dependency problems, define goals, and plan action reflecting the individual’s or group’s interest, abilities and needs as affected by addiction problems.

(3) “Controlled substance” means any substance or drug defined, enumerated or included in this chapter and Title 21, Code of Federal Regulations.

(4) “Dispense” or “dispensing” means the interpretation, evaluation, and implementation of a prescription drug or, including the preparation and delivery of a drug to a patient or patient’s agent in a suitable container appropriately labeled for subsequent administration to, or use by, a patient.

(5) “Dispenser” means a person authorized by this State to dispense or distribute to the ultimate user any controlled substance or drug monitored by the program, but shall not include any of the following: a licensed health care facility pharmacy that dispenses, distributes or administers any controlled substance, or drug monitored by the program, for the purposes of inpatient care, or any emergency department dispensing a controlled substance for immediate use.

(6) [Repealed.]

(7) “Drug” means any of the following:

a. Any substance recognized as a drug in the official compendium, or supplement thereto, designated by the Office of Controlled Substances for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans.

b. Any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease or pain in humans.

c. Any substance other than food intended to affect the structure or any function of the body of humans.

(8) “Drugs of concern” means drugs other than controlled substances as defined by rule which demonstrate a potential for abuse or diversion.

(9) “Licensed professional counselor of mental health” means an individual licensed as a professional counselor of mental health who publicly offers to render to individuals, groups, organizations or the general public a service involving the application of clinical counseling principles, methods or procedures and the diagnosis and treatment of mental and emotional disorders to assist individuals in achieving more effective personal and social adjustment.

(10) “Patient” means the person who is the ultimate user of a controlled substance or drug monitored by the program for whom a prescription is issued and for whom a controlled substance or drug is dispensed.

(11) “Prescriber” means a licensed health care professional with the authority to write and issue prescriptions, except it shall not include:

a. A prescriber or other authorized person who administers such controlled substance or drug upon the lawful order of a prescriber.

b. A prescriber or other authorized person who, in providing emergency patient care in a healthcare facility, causes the administration of a controlled substance for immediate relief of symptoms arising from an acute condition.

c. A prescriber or other authorized person who prescribes up to a 72-hour supply of a controlled substance for on call services or emergency care.

d. A veterinarian who prescribes for the purpose of providing veterinary services.

(12) “Prescription monitoring information” means data submitted to and maintained by the prescription monitoring program established under this section.

(13) “Prescription Monitoring Program” or “PMP” means the electronic program established by this section.

(14) “Public health surveillance” means the continuous, systematic collection, analysis, and interpretation of health-related data needed for the planning, implementation, and evaluation of public health practice. Public health surveillance may be used for all of the following purposes:

a. An early warning system for impending public health emergencies.

b. To document the impact of an intervention.

c. To track progress towards specified goals.

d. Monitor and clarify the epidemiology of health problems.

e. Establish public health priorities.

f. Inform public health policy and strategies.

(c) The Office of Controlled Substances shall establish and maintain a PMP program to monitor the prescribing and dispensing of all Schedule II, III, IV and V controlled substances by prescribers in this State, and to research the prescribing and dispensing of drugs of concern. The PMP must not interfere with the legal use of a controlled substance or drug of concern. The PMP may be used for the following purposes:

(1) Provide information to prescribers, dispensers, and patients to help avoid the illegal use of controlled substances.

(2) Assist law enforcement to investigate illegal activity related to the prescribing, dispensing, and consumption of controlled substances or drugs of concern.

(3) Effectuate the collection and storage of prescription monitoring information in a manner designed to minimize inconvenience to patients and prescribing medical practitioners.

(4) Assist the State Epidemiologist in public health surveillance for the purpose of reducing the burden of disease around substance use disorder.

(d) A dispenser including those dispensing an amount deemed medically necessary for a 72-hour supply, shall submit the required information regarding each prescription dispensed for a controlled substance, in accordance with the transmission methods and frequency established by regulation issued by the Office of Controlled Substances. When needed for bona fide research purposes and in accordance with applicable regulation, the Office of Controlled Substances may require a dispenser to submit the required information regarding each prescription dispensed for a drug of concern, but in no event should dispensers be required to submit such information any more frequently than that required for controlled substances. The following information shall be submitted for each prescription:

(1) Pharmacy name;

(2) Dispenser DEA registration number;

(3) Dispenser National Provider Identifier (NPI);

(4) Date drug was dispensed;

(5) Prescription number;

(6) Whether prescription is new or a refill;

(7) NDC code for drug dispensed;

(8) Quantity dispensed;

(9) Approximate number of days supplied;

(10) Patient name and date of birth;

(11) Patient address;

(12) Prescriber DEA registration number and name;

(13) Prescriber NPI;

(14) Date prescription issued by prescriber.

(e) When a dispenser has a reasonable belief that a patient may be seeking a controlled substance listed in Schedule II, III, IV or V for any reason other than the treatment of an existing medical condition, the dispenser shall obtain a patient utilization report regarding the patient for the preceding 12 months from the Prescription Monitoring Program before dispensing the prescription.

(f) A prescriber, or other person authorized by the prescriber, shall obtain, before writing a prescription for a controlled substance listed in Schedule II, III, IV or V for a patient, a patient utilization report regarding the patient for the preceding 12 months from the computerized program established by the Office of Controlled Substances when the prescriber has a reasonable belief that the patient may be seeking the controlled substance, in whole or in part, for any reason other than the treatment of an existing medical condition. The prescriber shall review the patient utilization report to assess whether the prescription for the controlled substance is necessary.

(g) A licensed chemical dependency professional or licensed professional counselor of mental health may obtain a patient utilization report from the Prescription Monitoring Program for patients enrolled in substance abuse treatment programs receiving treatment from, or under the direction of, the chemical dependency professional or professional counselor of mental health.

(h) The Chief Medical Examiner or licensed physician designee may obtain a patient utilization report from the Prescription Monitoring Program for the purpose of investigating the death of an individual.

(i) The Office of Controlled Substances may issue a waiver to a prescriber who is unable to access prescription information by electronic means. A prescriber who is unable to access prescription information by electronic means shall obtain a waiver from the OCS on annual basis until such time they can access the prescription information by electronic means.

(j) Unless a court of competent jurisdiction makes a finding of gross negligence, malice or criminal intent, the Office of Controlled Substances, any other state agency, any prescriber or dispenser, or any person or entity in proper possession of information pursuant to this statute is not subject to civil liability, administrative action or other legal or equitable relief for any of the following acts or omissions:

(1) Furnishing information pursuant to this section.

(2) Receiving, using or relying on, or not using or relying on, information received pursuant to this section.

(3) Information that was not furnished to the Office of Controlled Substances.

(4) Information that was factually incorrect or that was released by the Office of Controlled Substance to the wrong person or entity.

(k) Prescription information submitted to the PMP is protected health information, not subject to public or open records law, and not subject to disclosure, except as otherwise provided in this section.

(l) The Office of Controlled Substances shall maintain procedures to ensure that the privacy and confidentiality of patients and patient information collected, recorded, transmitted, and maintained is not disclosed, except as provided for in this section.

(1) If there is reasonable cause to believe a violation of law or breach of professional standards may have occurred, the Office of Controlled Substances shall notify the appropriate law-enforcement or professional licensure, certification, or regulatory agency or entity and shall provide prescription information required for an investigation. If there is reasonable cause to believe a breach of professional standards may have occurred, the PMP Advisory Committee shall notify the professional licensure, certification, or regulatory agency or entity and shall provide prescription information required for an investigation. In determining whether reasonable cause exists under this paragraph, the Office of Controlled Substances shall regularly examine data generated by the PMP, and promptly seek the direct input of the PMP Advisory Committee with respect to any cases that meet objective thresholds set by the PMP Advisory Committee. Agencies receiving referrals pursuant to this subsection shall promptly inform the Office of Controlled Substances of the disposition of any referral, and the reason for that disposition.

(2) The Office of Controlled Substances may provide data in the prescription monitoring program in the form of a report to the following persons:

a. A prescriber, or other person authorized by the prescriber, or a dispenser, or other person authorized by the dispenser, who requests information and certifies that the requested information is for the purpose of providing medical or pharmaceutical treatment to a bona fide patient;

b. An individual who requests the individual's own prescription monitoring information in accordance with procedures established pursuant to regulations;

c. A designated representative of any Board or Commission pursuant to § 8735(a) of Title 29 responsible for the licensure, regulation, or discipline of prescribers, dispensers or other persons authorized to prescribe, administer, or dispense controlled substances and who is involved in a bona fide specific investigation involving a designated person;

d. A local, state, or federal law-enforcement or prosecutorial official engaged in the administration, investigation, or enforcement of the laws governing controlled substances and who is involved in a bona fide specific drug-related investigation in which a report of suspected criminal activity involving controlled substances by an identified suspect has been made, and provided that such information be relevant and material to such investigation, limited in scope to the extent reasonably practicable in light of the purpose for which the information is sought, and include identifying information only upon a showing of need;

e. The Delaware Department of Health and Social Services regarding Medicaid program recipients and to assess compliance with Chapter 25C of this title.

f. A properly convened grand jury pursuant to a subpoena properly issued for the records;

g. Personnel of the Division of Professional Regulation for purposes of administration and enforcement of this section;

h. A licensed chemical dependency professional or licensed professional counselor of mental health who requests information and certifies that the requested information is for a patient enrolled in a substance abuse treatment program receiving treatment from, or under the direction of the chemical dependency professional or professional counselor of mental health.

i. The Chief Medical Examiner or licensed physician designee who requests information and certifies the request is for the purpose of investigating the death of an individual.

j. Qualified personnel for the purpose of bona fide research or education; however, data elements that would reasonably identify a specific recipient, prescriber or dispenser must be deleted or redacted from such information prior to disclosure; and further provided that, release of the information may be made only pursuant to a written agreement between qualified personnel and the Office of Controlled Substances in order to ensure compliance with this subsection.

k. A law-enforcement or regulatory agency in connection with any referral required by paragraph (l)(1) of this section.

l. The PMP Advisory Committee and the Addiction Action Committee, including identified prescriber and dispenser information. Information provided under this paragraph (l)(2)l. of this section is not a public record under § 10002 of Title 29.

m. The Drug Overdose Fatality Review Commission in furtherance of its duties and responsibilities set forth in § 4799C of this title.

n. The Secretary of the Department of Health and Social Services, the Secretary of State, and the Attorney General for purposes of administering and enforcing the Prescription Opioid Impact Fund under Chapter 48B of this title.

(m) The Division of Professional Regulation may contract with another agency of this State or with a private vendor, as necessary, to ensure the effective operation of the prescription monitoring program. A contractor shall comply with the provisions regarding confidentiality of prescription information under this section is subject to the penalties specified in this section for any unlawful acts.

(n) The Office of Controlled Substances may promulgate regulations setting forth the procedures and methods for implementing this section.

(o) The Office of Controlled Substances shall design and implement an evaluation component to identify cost-benefits of the Prescription Monitoring Program, including its effect on diversion and abuse of controlled substances and drugs of concern, and other information relevant to policy, research and education involving controlled substances and drugs of concern monitored by the Prescription Monitoring Program.

(1) The Office of Controlled Substances shall report to the General Assembly the information obtained pursuant to this subsection on an annual basis.

(2) To the extent such information is made available to the Office of Controlled Substances, the report may include information and data, including surveys, polls, or other data from multi-disciplinary experts and stakeholders, relating to the negative or positive impact of the prescription monitoring program on appropriate prescribing practices of controlled substances and drugs of concern.

(3) The Office of Controlled Substances shall provide data in the PMP in the form of a report to the Office of the State Epidemiologist in the Division of Public Health, for the purpose of reviewing and analyzing public health surveillance data related to drug overdoses.

(p) The Office of Controlled Substances may exchange prescription information submitted to the PMP through an interstate commission with an authorized member state.

(q) A dispenser who fails to submit prescription monitoring information to the Office of Controlled Substances PMP as required by this section, or who knowingly submits incorrect prescription information, shall be subject to disciplinary sanction pursuant to Title 24.

(r) A person authorized to have prescription monitoring information pursuant to this section who knowingly discloses this information in violation of this section is guilty of a class G felony and, upon conviction, shall be fined not more than $5,000 nor imprisoned more than 2 years, or both.

(s) A person authorized to have prescription monitoring information pursuant to this section who intentionally uses this information in the furtherance of other crimes is guilty of a class E felony and, upon conviction, shall be fined not more than $10,000 nor imprisoned more than 5 years, or both.

(t) A person not authorized to have prescription monitoring information pursuant to this section who obtains such information fraudulently is guilty of a class E felony and, upon conviction, shall be fined not more than $10,000 nor imprisoned more than 5 years, or both.

(u) A prescriber who holds a controlled substance registration issued pursuant to § 4732 of this title must be registered with the Prescription Monitoring Program. A prescriber who is issued a controlled substance registration for the first time shall register with the Prescription Monitoring Program within 90 days of issuance. Failure to comply with this subsection may result in disciplinary action pursuant to § 4735 of this title.

(v) A PMP Advisory Committee is hereby established to provide input, advice, and guidance to the Office of Controlled Substances regarding the maintenance of the PMP. Its duties and powers shall include, but not be limited to, all of the following:

(1) Development of specific criteria for use by the Office of Controlled Substances in referring prescription monitoring information to the Advisory Committee for consideration of notification of law-enforcement or professional licensing agencies under paragraph (l)(1) of this section.

(2) Discussion of referrals made under paragraph (v)(1) of this section and recommendations to the Office of Controlled Substances regarding notification of law-enforcement or professional licensing agencies under paragraph (l)(1) of this section.

(3) Recommending improvements in the operation of the PMP, including interoperability with other state PMPs and electronic health information systems and improvements of prescriber and dispenser access to and use of the PMP.

(w) In carrying out its duties under subsection (v) of this section:

(1) Information provided to the PMP Advisory Committee shall be provided in a redacted manner that does not identify the patient, prescriber, dispenser, or other person who is the subject of the information. If the PMP Advisory Committee determines that a referral should be made pursuant to subsection (l) of this section, the Office of Controlled Substances shall make the appropriate referral using unredacted information.

(2) The PMP Advisory Committee’s documents and meetings in connection with paragraphs (v)(1) and (v)(2) of this section shall not constitute public information, and shall not be subject to open record laws.

(3) The PMP Advisory Committee shall consist of the following members:

a. A member designated by the Medical Society of Delaware.

b. A member designated by the Delaware Pharmacists Society.

c. A member representing patients’ rights designated by the Secretary of Health and Social Services.

d. A representative designated by the Delaware Department of Justice.

e. A representative designated by the Secretary of Homeland Security.

f. Two public members with relevant experience nominated by the Governor and confirmed by the Senate.

(4) The members of the PMP Advisory Committee shall serve at the pleasure of their respective designating agencies. The members shall elect a chairman from among their membership.
16 Del. C. § 9303 — Delaware Code / Title 16 / Chapter 93 / Section 9303
§ Â
        9303. Delaware Health Resources Board.
Status: in_force

(a) There is hereby established a Delaware Health Resources Board to foster the cost-effective and efficient use of health-care resources and the availability of and access to high quality and appropriate health-care services.

(b) The Board shall consist of a Chair, a Vice Chair and 13 other members, all of which shall be appointed by the Governor. Appointments shall be for 3-year terms, provided that the terms of newly appointed members will be staggered so that no more than 5 appointments shall expire annually. The Governor may appoint members for terms of less than 3 years to ensure that the board members’ terms expire on a staggered basis. The membership shall be representative of all counties in the State. In addition to the Chair and the Vice Chair, the membership shall consist of 1 representative of the Delaware Health Care Commission; 1 representative from the Department of Health and Social Services recommended by the Secretary of the Department of Health and Social Services; 1 representative of labor; 1 representative of the health insurance industry; 1 representative with knowledge and professional experience in health-care administration; 1 representative licensed to practice medicine in Delaware; 1 representative with knowledge and professional experience in long-term care administration; 1 representative of a provider group other than hospitals, nursing homes or physicians; 1 representative involved in purchasing health-care coverage on behalf of State employees; 1 other representative involved in purchasing health-care coverage for employers with more than 200 employees; and 4 representatives of the public-at-large. Public members may include but not be limited to representative from business, educational and nonprofit organizations. The Chair shall be an at-large position and shall be appointed by and serve at the pleasure of the Governor. The Governor shall designate a Vice Chair from among the members of the Board who shall serve in this capacity at the pleasure of the Governor. The Delaware Healthcare Association, the Medical Society of Delaware, the Delaware Health Care Facilities Association, the Delaware State Chamber of Commerce, and other interested organizations may submit nonbinding recommendations to aid the Governor in making appointments to the Board. Any vacancy shall be filled by the Governor for the balance of the unexpired term. A quorum shall consist of at least 50% of the membership. Members of the Board shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties, to the extent that funds are available and the expenditures are in accordance with state laws.

(c) The Board is an independent public instrumentality. For administrative and budgetary purposes only, the Board shall be placed within the Department of Health and Social Services, Office of the Secretary. The Delaware Health Resources Board shall function in cooperation with the Delaware Health Care Commission, as well as other state health policy activities. Staff support for the Board shall be provided by the Delaware Health Care Commission and the Office of the Secretary, Department of Health and Social Services.

(d) The duties and responsibilities of the Board shall include, but not be limited to, the following:

(1) Develop a Health Resources Management Plan which shall assess the supply of health-care resources, particularly facilities and medical technologies, and the need for such resources. Essential aspects of the plan shall include a statement of principles to guide the allocation of resources, as well as rules and regulations which shall be formulated for use in reviewing Certificate of Public Review applications. Any revision of the Health Resources Management Plan shall be done in accordance with the provisions of the Administrative Procedures Act (Chapter 101 of Title 29). The Board shall also be required to conduct a public hearing. Also, prior to adoption, the plan or revision of the plan shall be submitted to the Delaware Health Care Commission for review and approval. Upon receiving written approval from the Commission, the plan or revision shall be submitted to the Secretary, Department of Health and Social Services. The plan or revision shall become effective upon the written approval of the Secretary;

(2) Review Certificate of Public Review applications filed pursuant to this chapter and make decisions on same. Decisions shall reflect the importance of assuring that health-care developments do not negatively affect the quality of health care or threaten the ability of health-care facilities to provide services to the medically indigent. Decisions can be conditional but the conditions must be related to the specific project in question;

(3) Gather and analyze data and information needed to carry out its responsibilities. Identify the kinds of data which are not available so that efforts can be made to assure that legitimate data needs can be met in the future;

(4) Address specific health-care issues as requested by the Governor or the General Assembly;

(5) Adopt bylaws as necessary for conducting its affairs. Board members shall comply with the provisions of Chapter 58 of Title 29 (State Ethics Code) and the Board shall operate in accordance with Chapter 100 of Title 29 (Freedom of Information Act); and

(6) Coordinate activities with the Delaware Health Care Commission, the Department of Health and Social Services and other groups as appropriate.

(e) The Governor may at any time, after notice and hearing, remove any board member for gross inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office. A member shall be deemed in neglect of duty if they are absent from 3 consecutive board meetings without good cause or if they attend less than 50% of board meetings in a calendar year.
16 Del. C. § 3059F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3059F
§ Â
        3059F. Rules and regulations.
Status: in_force

The Department may adopt, amend, modify, or repeal ordinances, rules, and regulations to effectuate the policy and purposes of this chapter.
16 Del. C. § 4761A — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4761A
§ Â
        4761A. Tianeptine; possession.
Status: in_force

(a) Notwithstanding any other provision of this chapter, no civil or criminal penalty may be imposed, nor may criminal or civil asset forfeiture be pursued, for the possession of tianeptine by an individual.

(b) The manufacturing, selling, or delivery of tianeptine remains unlawful and is subject to penalties imposed by this chapter.
16 Del. C. § 2201A — Delaware Code / Title 16 / Chapter 22A / Section 2201A
§ Â
        2201A. Definitions.
Status: in_force

As used in this chapter:

(1) “Applicant” means any individual, organization, or entity applying for certification of a recovery house.

(2) “Certified recovery house” means a recovery house certified by the certifying organization.

(3) “Certifying organization” means an organization under contract with or otherwise designated by the Division to certify recovery houses under this chapter.

(4) “Director” means the Director of the Division of Substance Abuse and Mental Health.

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

(6) “Fund” means the Certified Recovery House Fund established under § 2216A of this title.

(7) “Operator” means the owner or lessee of a recovery house.

(8) “Oxford House” means a recovery house chartered by Oxford House, Inc.

(9) “Recovery house” means a house for individuals recovering from substance use disorders that provides a safe and supportive substance-free environment, which may include peer support and other recovery support services.

(10) “Registry” means the list of certified recovery houses the certifying organization maintains.

(11) “Resident” means an individual who resides in a recovery house.

(12) “Substance-free” means free from alcohol, marijuana, illicit drugs, and the illicit use of prescribed drugs.

(13) “Substance use disorder” means a pattern of use of alcohol or other drugs leading to impairment that meets the applicable diagnostic criteria delineated in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.
16 Del. C. § 9406 — Delaware Code / Title 16 / Chapter 94 / Section 9406
§ Â
        9406. Advisory Council.
Status: in_force

The State Council for Persons with Disabilities, established by § 8210 of Title 29 shall serve as the Advisory Council to the Department in implementing this chapter. In furtherance of this role, the Council shall fulfill the following functions:

(1) Review and comment on regulations, policies, and guidelines issued or proposed by the Department.

(2) Review and comment on the Department’s annual report developed in conformity with § 9404(7) of this title.

(3) Obtain and review information from the Department and other agencies pertaining to program operation, participant satisfaction and unmet needs.

(4) Study, research and advise the Department on national studies, projects, trends and funding initiatives pertaining to attendant care.

(5) Otherwise assess and assist the Department in implementation of this chapter.
16 Del. C. § 9007 — Delaware Code / Title 16 / Chapter 90 / Section 9007
§ Â
        9007. Repayment of outstanding loans.
Status: in_force

Repayment of all outstanding loans made from the “Health Facility Construction Fund” (established pursuant to 59 Del. Laws, c. 455), or predecessor funds, shall continue to be made to the Board. The Board shall inform the issuing officers of all payments received and shall provide the issuing officers with other information required to carry out the purposes of this chapter. Repayments of interest on such loans shall be immediately transferred to the General Fund of the State. Principal payments of such loans shall be deposited in the Health Facilities Subsidy Fund until the principal in such Fund, to include the accrued earnings credited to principal as provided in § 9008 of this title, has reached the sum of $4,000,000. Thereafter, upon certification by the State Treasurer that the Fund has been capitalized pursuant to this section, future principal repayments of loans from the Health Facility Construction Fund shall be deposited in the State Treasurer’s Bond Reversion Account.
16 Del. C. § 4758 — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4758
§ Â
        4758. Unlawful dealing in a counterfeit or purported controlled substance; class E felony.
Status: in_force

(a) Any person who knowingly manufactures, delivers, attempts to manufacture or deliver, or possesses with the intent to manufacture or deliver a counterfeit or purported controlled substance shall be guilty of a class E felony.

(b) It is no defense to prosecution under this section that the substance actually is a controlled substance or that the accused believed the substance was a controlled substance.
16 Del. C. § 1106 — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1106
§ Â
        1106. License fees.
Status: in_force

(a) (1) The fees for issuance and renewal of licenses pursuant to this chapter for nursing facilities, assisted living facilities, rest residential facilities, and intermediate care facilities for persons with intellectual disabilities may not exceed $150 plus the following:

a. $250 for facilities with less than 100 units of capacity or bed space for which a license is sought.

b. $400 for facilities with 100 or more units of capacity or bed space.

c. A background examination fee for initial applications in an amount set by the Department necessary to defray its expenses in administering its duties under § 1104(c) and (d) of this title, but not to exceed $500.

(2) The total fee for all other facilities with 16 or fewer units of capacity or bed space is $50.

(b) The license fee required under subsection (a) of this section must be paid with each application for initial license, a renewal license, or an initial license.

(c) The State is not required to pay the license fee for any facilities it operates or owns which require licensure under this chapter.

(d) All license fees collected by the Department must be remitted to the General Fund.

(e) A new application and a fee of $50 must be submitted for changes to a license which occur during the licensure year, including any of the following changes:

(1) An approved increase in bed space.

(2) An approved decrease in bed space.

(3) A facility change of name.
16 Del. C. § 3051F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3051F
§ Â
        3051F. Injuring or killing dogs for certain acts.
Status: in_force

(a) Any police officer, animal welfare officer who finds a dog running at large and deems such dog to be an immediate threat to the public health and welfare may kill such dog.

(b) Any person may injure or kill a dog in self-defense or to protect livestock, poultry, or another human being at the time such dog is attacking such livestock, poultry, or human being.

(c) Any person may injure or kill a dog at the time such dog is wounding another dog if the dog being wounded is on the property of its owner or under the immediate control of its owner and being wounded by a dog that is running at large.

(d) Any person who injures or kills any dog in accordance with this section shall not be held criminally or civilly liable therefor.
16 Del. C. § 9812 — Delaware Code / Title 16 / Chapter 98 / Section 9812
§ Â
        9812. Suspension, revocation and other penalties.
Status: repealed

(a) For purpose of the public health, safety and welfare, and notwithstanding any other statute or provision of law, the Administrator may recommend to a county or the Board that any of the following penalties, singly or in combination, be imposed:

(1) That a letter of reprimand be issued;

(2) That a paramedic be placed on probationary status with limited responsibilities and be required to:

a. Regularly report to the county upon the matters which are the basis of the probation;

b. Limit all paramedical activities to those areas specifically recommended by the Administrator; and/or

c. Take either remedial or continuing education until the required degree of skill has been attained in those areas which are the basis of the probation;

(3) That a paramedic’s certification be suspended; or

(4) That a paramedic’s certification be revoked.

(b) No penalties shall be imposed upon a paramedic’s certification without provisions for a hearing. Hearings shall be established in accordance with the provisions of the Medical Practices Act, Chapter 17 of Title 24.

(c), (d) [Repealed.]
16 Del. C. § 2203A — Delaware Code / Title 16 / Chapter 22A / Section 2203A
§ Â
        2203A. Fees.
Status: in_force

(a) Subject to the Division’s approval the certifying organization may impose a standardized fee on an operator for any of the following purposes:

(1) Issuing or renewing a certification.

(2) Inspecting a recovery house.

(b) The Division shall set the maximum fee the certifying organization may impose in regulation. The maximum fee must approximate and reasonably reflect the costs necessary to defray the certifying organization’s expenses.

(c) An operator shall pay fees imposed under this section to the certifying organization.
16 Del. C. § 3003E — Delaware Code / Title 16 / Chapter 30E / Subchapter I / Section 3003E
§ Â
        3003E. Responsibilities of the Division of Public Health.
Status: in_force

The Division of Public Health shall provide guidance on the administration of emergency medications without an order in the school setting to undiagnosed individuals. The Division of Public Health will continue to provide medical emergency standing orders for allergic reactions and anaphylaxis in previously undiagnosed individuals for use by registered nurses in public school districts and charter schools.
16 Del. C. § 3313 — Delaware Code / Title 16 / Chapter 33 / Section 3313
§ Â
        3313. Excepting articles sold under federal laws.
Status: in_force

This chapter shall not apply to articles of food or to mixtures or compounds of foods offered for sale in this State when prepared, labeled, branded or inspected in compliance with the federal laws and department regulations established thereunder.
16 Del. C. § 3003O — Delaware Code / Title 16 / Chapter 30O / Section 3003O
§ Â
        3003O. Dispensing or dispensing and administering contraceptives by pharmacists; regulations.
Status: in_force

(a) The Department shall promulgate regulations to implement this chapter, in consultation with applicable licensing boards, including the Board of Pharmacy and the Board of Medical Licensure and Discipline.

(b) The regulations promulgated under this section must include the length of time a person may receive contraceptives under this chapter without an examination by a health-care practitioner.

(c) The regulations promulgated under this section must require a pharmacist to do all of the following:

(1) Complete an approved training program related to dispensing and administering contraceptives under the standing order.

(2) Provide a self-screening risk assessment tool that the patient must use prior to the pharmacist dispensing or dispensing and administering the contraceptive.

(3) Refer the patient to the patient’s health-care practitioner upon dispensing or dispensing and administering the contraceptive for any additional care.

(4) Provide the patient with all of the following:

a. A copy of the record of the encounter that includes the patient’s completed self-assessment.

b. A written record of the contraceptive dispensed or dispensed and administered or the basis for not dispensing or dispensing and administering a contraceptive.

c. Written information about the importance of seeing the patient’s health-care practitioner to obtain recommended tests and screenings.

(5) Dispense the contraceptive or dispense and administer the injectable hormonal contraceptive as soon as practicable after the pharmacist determines that the patient meets the requirements under the standing order.
16 Del. C. § 3317 — Delaware Code / Title 16 / Chapter 33 / Section 3317
§ Â
        3317. Treatment of meats with unhealthful drugs and preparations.
Status: in_force

No person shall sell or offer to sell by that person’s own self, or by that person’s servants or agents, or as the servant or agent of any other person, any meat or flesh of any animal used for food after the same has been butchered which contains any drug or preparation of whatever kind or nature, deleterious or detrimental to the health of persons who may eat the same, or which has been treated with, either externally or internally, or to which has been applied in any manner, any drug or preparation of whatsoever kind or nature, deleterious or detrimental to the health of persons who may eat the same, whether for the purpose of preserving meat or flesh used for food or for any other purpose.
16 Del. C. § 1103 — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1103
§ Â
        1103. License and renewal requirement.
Status: in_force

(a) A person may not establish, conduct, or maintain any long-term care facility in this State without first obtaining a license from the Department and thereafter renewing this license on an annual basis. Failure to comply with this subsection shall result in the imposition by the Department of a civil penalty not to exceed $10,000 per violation.

(b) A nursing facility, assisted living facility, or rest residential facility must operate under the direction of an individual authorized or licensed to perform the functions of a nursing home administrator under Chapter 52 of Title 24.
16 Del. C. § 7605 — Delaware Code / Title 16 / Chapter 76 / Section 7605
§ Â
        7605. Solar-ready zone [For application of this section, see 84 Del. Laws, c. 143, Â 2].
Status: reserved

(a) This section shall apply to new commercial buildings with a foundation footprint of 50,000 square feet or more.

(b) A “solar-ready zone” means a section or sections of the roof or building overhang designated and reserved for the future installation of solar photovoltaic or solar thermal system.

(c) (1) A solar-ready zone shall be located on the roof of buildings that are 5 stories or less in height above grade plane, and are oriented between 110 degrees and 270 degrees of true north or have low-slope roofs. Solar ready zones shall comply with Appendix CA Solar-Ready Zone—Commercial of the International Energy Conservation Code (IECC), and comply with all other requirements of the IECC or ASHRAE Standard 90.1.

(2) The following are exceptions to subsection (c)(1) of this section:

a. A building with a permanently-installed, on-site renewable energy system.

b. A building with a solar-ready zone that is shaded for more than 70% of daylight hours annually.

c. A building where the licensed design professional certifies that the incident solar radiation available to the building is not suitable for a solar-ready zone.

d. A building where the licensed design professional certifies that the solar zone area required cannot be met because of extensive rooftop equipment, skylights, vegetative roof areas, or other obstacles.

(d) Construction documents shall indicate all of the following:

(1) The solar-ready zone.

(2) Pathways for outing of conduit piping from the solar-ready zone to the electrical service panel or service hot water system.

(3) The structural design loads for roof dead load and roof live load.

(e) (1) The total solar-ready zone area shall not be less than 40% of the roof area calculated as the horizontally-projected gross roof area less the area covered by skylights, occupied roof decks, vegetative roof areas, and mandatory access or set back areas.

(2) The solar-ready zone shall be a single area or small, separated sub-zone areas.

(3) Each sub-zone shall be not less than 5 feet (1524 mm) in width in the narrowest dimension.

(f) Solar-ready zones shall be free from obstructions, including pipes, vents, ducts, HVAC equipment, skylights, and roof-mounted equipment. Solar-ready zones may be relocated to allow future installation of roof equipment as long as the 40 percent minimum allocation is maintained.

(g) A collateral dead load of not less than 5 pounds per square foot (5 psf) shall be included in the gravity and lateral design calculations for the solar-ready zone.

(h) The main electrical service panel shall have a reserved space to allow installation of a dual-pole circuit breaker for future solar electric installation and shall be labeled “For Future Solar Electric”. The reserved space shall be positioned at the end of the panel that is opposite from the panel supply conductor connections.

(i) The permanent certificate, indicating the solar-ready zone and other requirements of this section, shall be posted near the electrical distribution panel, water heater, or other conspicuous location by the builder or registered design professional.
16 Del. C. § 4310 — Delaware Code / Title 16 / Chapter 43 / Section 4310
§ Â
        4310. Appeal from Departmentâs decision.
Status: in_force

Any licensee or applicant for a license may appeal within 10 days from an adverse decision of the Department of Health and Social Services to the Superior Court of the county where the licensee or applicant resides and issue shall be framed in that Court and a trial had. The decision of the Superior Court shall be final.
16 Del. C. § 6712 — Delaware Code / Title 16 / Chapter 67 / Section 6712
§ Â
        6712. Certification of ambulance attendants and emergency medical technicians; criminal background checks.
Status: in_force

(a) A person seeking certification as an ambulance attendant or as an emergency medical technician (EMT) shall apply to the Commission using forms prescribed by the Commission. With the application, the applicant shall submit fingerprints and other necessary information in order to obtain the following:

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

(2) A report of the individual’s entire federal criminal history record from the Federal Bureau of Investigation. The State Bureau of Identification shall be the intermediary for the purposes of this section and the Commission shall be the screening point for the receipt of said federal criminal history records.

(b) Upon application, the Commission or its governmental designee shall acquire and review the state and federal criminal history records for the applicant and may interview the applicant. If the Commission determines that the applicant meets the requirements of this section and of its regulations, then it shall issue a certificate to the applicant, subject to the following provisions:

(1) Certification must be denied to an applicant convicted of the following crimes:

a. A felony involving sexual misconduct where the victim’s failure to affirmatively consent is an element of the crime, such as forcible rape;

b. A felony involving the sexual or physical abuse of a child or of a person who is elderly or impaired, such as sexual misconduct with a child, sexual exploitation of a child, making or distributing child pornography, incest involving a child, or assault on a person who is elderly or impaired;

c. A crime in which the victim is an out-of-hospital patient or a patient or resident of a health care facility, including abuse, neglect or theft from or financial exploitation of a person entrusted to the care or protection of the applicant.

(2) Certification must be denied to an applicant convicted of the following crimes, except in extraordinary circumstances:

a. Any crime for which applicant is currently incarcerated, on work release, on probation, or on parole;

b. A crime in the following categories, unless at least 5 years have passed since the applicant’s conviction or at least 5 years have passed since the applicant was released from custodial confinement, whichever occurs later:

1. A serious crime of violence against a person, such as assault with a dangerous weapon, aggravated assault, murder or attempted murder, manslaughter (other than involuntary manslaughter), kidnapping, robbery of any degree, or arson;

2. A crime involving a controlled substance or designer drug, including unlawful possession or distribution of, or intent to unlawfully possess or distribute, a controlled substance in Schedules I through V of the Uniform Controlled Substances Act of Chapter 47 of this title;

3. A serious crime involving property, such as arson, burglary, embezzlement or insurance fraud;

4. Any crime involving sexual misconduct.

(3) In extraordinary circumstances, certification granted pursuant to paragraph (b)(2) of this section may be granted only if the applicant establishes by clear and convincing evidence that certification will not jeopardize public health and safety.

(c) (1) Certificates issued pursuant to this section shall be valid for a period as determined by the Commission and may be renewed after reconsideration, which may include an interview, if the holder meets the requirements set forth in the regulations of the Commission. The Commission may decertify any ambulance attendant or EMT at any time it determines that the person no longer meets the qualifications prescribed for certification.

(2) The Commission may extend the suspension of an ambulance attendant or emergency medical technician’s certification for a period not to exceed 30 days, if the Commission reviews the charges supporting the suspension of an ambulance attendant or EMT’s by an Emergency Medical Services Medical Director pursuant to § 9806(b)(7) of this title and concludes that a Commission hearing should be scheduled to consider the charges.

(d) Information obtained pursuant to subsection (b) of this section is confidential and shall not be disclosed under any circumstances except:

(1) The State Bureau of Identification may release any subsequent criminal history to the Office of Emergency Medical Services or the State Fire Prevention Commission when properly requested; and

(2) All information that has been forwarded to the Commission pursuant to this section shall be reviewed with the person seeking certification pursuant to this section upon the person’s request.

(e) Costs associated with obtaining criminal history information pursuant to this section from the State Bureau of Identification and the Federal Bureau of Identification shall be borne by the applicant.

(f) A person seeking certification pursuant to this section who knowingly provides false, incomplete or inaccurate criminal history information, or who otherwise knowingly violates the provisions of this section, shall be guilty of a class G felony and shall be punished according to Chapter 42 of Title 11.

(g) Any student enrolled in the University of Delaware seeking certification as an EMT through the University of Delaware Department of Safety and Homeland Security is exempted from the provisions of subsections (a) and (b) of this section; provided, however, that the criminal history background check and review procedures employed by the University of Delaware Department of Safety and Homeland Security are at least as restrictive as those contained in this section. For the purposes of any criminal history background check or review conducted pursuant to this subsection, the State Bureau of Identification shall be the intermediary and the University of Delaware Department of Safety and Homeland Security shall be the screening point for the receipt of said federal criminal history records.

(h) The Commission shall adopt regulations to implement this section setting forth the qualifications required for certification of ambulance attendants and emergency medical technicians.
16 Del. C. § 3127 — Delaware Code / Title 16 / Chapter 31 / Subchapter II / Section 3127
§ Â
        3127. Acknowledgment or establishment of paternity.
Status: in_force

In cases of acknowledgment or establishment of paternity, the State Registrar, upon receipt of a court order, an administrative order or a properly executed acknowledgment of paternity, executed or issued in this State or any other state, which establishes paternity or creates a presumption of paternity under the law of the state in which it was executed or issued, shall prepare an amended or new certificate of birth, as the case may be, consistent with the document. The fact that the father-and-child relationship was declared after the child’s birth shall not be ascertainable from the amended or new certificate, but the actual place and date of birth shall be shown. The evidence upon which the amended or new certificate was made and the original birth certificate shall be sealed and filed and may be opened only upon court order or upon application of the Division of Child Support Services certifying that the child for whom information is sought is the subject of a child support case administered by the Division under Title IV-D of the federal Social Security Act (42 U.S.C. § 651 et seq.).
16 Del. C. § 9953 — Delaware Code / Title 16 / Chapter 99 / Subchapter VI / Section 9953
§ Â
        9953. Submission and analysis of hospital financial information.
Status: repealed

(a) Hospitals shall annually submit to the Board any of the following information required by the Board under rules, regulations, and guidance promulgated under this subchapter, including the Manual:

(1) The hospital’s expenditures and revenues for the most recently completed fiscal year, including the financial information described in paragraph (a)(3) of this section, redlined to reflect increases and changes from the fiscal year immediately preceding such fiscal year.

(2) [Repealed.]

(3) Financial information, including all of the following:

a. Costs of operations.

b. Revenues.

c. Assets.

d. Liabilities.

e. Rates and charges in accordance with paragraph (a)(8) of this section.

f. Labor costs by units of service and budget category.

(4) Scope of services and volume of service information, including inpatient services, outpatient services, and ancillary services by type of service provided.

(5) Utilization information.

(6), (7) [Repealed.]

(8) Information about payments by payers and purchasers consistent with information subject to public disclosure required by 45 C.F.R. Part 180.

(9) Other information the Board determines to be relevant to the Board’s obligations under this section, including information relevant to any determination by the Board under paragraph (d)(7)c. of this section.

(10) A narrative regarding the budget reporting categories of this subsection, outlining the changes in the year-over-year results and the actions the hospital has taken and will take in the coming year to adhere to the health-care spending benchmark.

(b) Hospitals shall submit audited financial statements to the Board, within 30 days of such audited financial statements becoming finalized. This requirement begins with audited financial statements for 2023.

(c) [Repealed.]

(d) The Board shall do all of the following:

(1) Review utilization information.

(2) Analyze and consider the other information submitted by the hospital under subsections (a) and (b) of this section.

(3) Meet with each hospital to review and discuss each hospital’s budget information.

(4) Review the hospital’s investments in workforce development initiatives.

(5) Consider the salaries for the hospital’s executive and clinical leadership whose compensation is publicly disclosed in the hospital’s Internal Revenue Service Form 990 filings.

(6) Offer the opportunity for the public to provide comment on hospital budgets and other aspects of hospital costs.

(7) Issue written findings of fact and determinations as to any of the following:

a. Whether a hospital has satisfied the State’s health-care spending policy directives, including, as applicable, the health-care spending benchmark and the annual rate filing cost containment requirements under § 2503 of Title 18.

b. Whether a hospital has satisfied the elements of the hospital’s benchmark compliance plan, if applicable.

c. On the application of a hospital, whether the hospital is participating in a Meaningful Cost Containment Arrangement and therefore is not subject to the benchmark compliance plan process under § 9954 of this title for the applicable benchmark compliance plan year.

1. The application must include a written attestation from the hospital’s chief executive officer of all of the following:

A. That the hospital is not in breach of any material provision of the Meaningful Cost Containment Arrangement.

B. That the hospital has not received a waiver of any penalties during the term of the Meaningful Cost Containment Arrangement.

C. That the penalties and risk provisions of the Meaningful Cost Containment Arrangement have not been modified during the term of the Meaningful Cost Containment Arrangement.

2. If during the applicable benchmark compliance year the hospital breaches any material provision of, receives a waiver of any penalties under, or negotiates new terms of the Meaningful Cost Containment Arrangement, the hospital shall notify the Board.

(e) A hospital’s violation of the Board’s standards and procedures is subject to enforcement under § 9957 of this title.

(f) (1) The Board may, by a written report, make policy recommendations to the Delaware Health Care Commission, Senate Health & Social Services Committee, and the House Health & Human Development Committee regarding how to better align hospital budgets with the benchmark, while promoting efficient and economic operations and maintaining the ability of hospitals to meet hospitals’ financial obligations and to provide quality care.

(2) If the Board submits a report under paragraph (f)(1) of this section, the Board shall provide a copy to the Director and Librarian of the Division of Legislative Services.
16 Del. C. § 9809A — Delaware Code / Title 16 / Chapter 98 / Section 9809A
§ Â
        9809A. Criminal background checks.
Status: repealed

(a) A person seeking certification as a paramedic shall apply to the Board using forms prescribed by the Board and shall submit to the State Office of Emergency Medical Services necessary information in order to obtain the following:

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

(2) A report of the individual’s entire federal criminal history record from the Federal Bureau of Investigation. The State Bureau of Identification shall be the intermediary for the purposes of this section and the Office shall be the screening point for the receipt of said federal criminal history records.

(b) Upon receipt of necessary information pursuant to subsection (a) of this section, the Office shall acquire and review the state and federal criminal history records for the applicant and may interview the applicant. If the Office determines that the applicant meets the requirements of this section and of its regulations, it shall issue a recommendation to the Board regarding the certification of the applicant in accordance with the provisions of the Medical Practice Act, Chapter 17 of Title 24.

(c) The office must recommend denial of certification to an applicant whose conduct would constitute a crime substantially related to the practice of medicine as set forth in § 1731 of Title 24.

(d) The Board may waive any of the requirements of this section as set forth in § 1720 of Title 24.

(e) Certificates issued pursuant to this section shall be valid for a period as determined by the Board and may be renewed after reconsideration, which may include an interview, if the holder meets the requirements set forth in the regulations of the Board. The Board may decertify any paramedic at any time it determines that the person no longer meets the qualifications prescribed for certification.

(f) Information obtained pursuant to subsection (b) of this section is confidential and shall not be disclosed under any circumstances except:

(1) The State Bureau of Identification may release any subsequent criminal history to the Office of Emergency Medical Services or the Board of Medical Licensure and Discipline when properly requested; and

(2) All information that has been forwarded to the Office pursuant to this section shall be reviewed with the person seeking certification pursuant to this section upon the person’s request.

(g) Costs associated with obtaining criminal history information pursuant to this section from the State Bureau of Identification and the Federal Bureau of Investigation shall be borne by the applicant, except that no applicant who is applying for volunteer membership in a Delaware volunteer EMS company shall be charged any fee or cost for obtaining criminal history information from the State Bureau of Identification associated with the application.

(h) (1) A person seeking certification as a paramedic through the New Castle County paramedic service is exempted from the provisions of subsections (a) and (b) of this section; provided, however, that the criminal history background check and review procedures employed by the New Castle County paramedic service are found to be at least as restrictive as those contained in this section. For the purposes of any criminal history background check or review conducted pursuant to regulations promulgated pursuant to this subsection, the State Bureau of Identification shall be the intermediary and the New Castle County Department of Police Paramedic Service shall be the screening point for the receipt of said federal criminal history records. The New Castle County Department of Police may designate any or all of the other divisions or offices therein as a screening point for the receipt of said federal criminal history records.

(2) A person seeking certification as a paramedic who is presently employed as a law-enforcement officer in this State and who was subject to a review of the person’s own entire criminal history background at the time the person began employment as a law-enforcement officer in this State is exempted from the provisions of subsections (a) and (b) of this section if, at the time of the prior criminal history background check, no items described in paragraph (b)(1) of this section [repealed] appeared as part of the person’s criminal history background.

(i) A person seeking certification pursuant to this section who knowingly provides false, incomplete or inaccurate criminal history information, or who otherwise knowingly violates the provisions of this section, shall be guilty of a class G felony and shall be punished according to Chapter 42 of Title 11.
16 Del. C. § 2205A — Delaware Code / Title 16 / Chapter 22A / Section 2205A
§ Â
        2205A. Zoning.
Status: in_force

(a) Notwithstanding provisions under Title 9 or Title 22, or any other law, ordinance, or rule to the contrary, a zoning ordinance adopted by a county or municipality must construe a certified recovery house to be a permitted single-family residential use of a property and accord the house the rights and responsibilities of a single-family residence.

(b) Except for restrictions, prohibitions, or other provisions applicable to residential uses in similar structures in the same zoning district occupied by a single family, a county or municipality must not subject a certified recovery house to a restriction, prohibition, or other provision.
16 Del. C. § 2413 — Delaware Code / Title 16 / Chapter 24 / Section 2413
§ Â
        2413. Complaints; investigations; penalties.
Status: in_force

(a) Complaints received in writing from employees or their designated representative, relating to alleged violations of this chapter by nonmanufacturing employers, shall be investigated in a timely manner by the Secretary or the Secretary’s designated representative. Complaints from employees or their designated representatives relating to alleged violations by manufacturing employers shall be referred to the federal Occupational Safety and Health Administration by the Secretary.

(b) Officers or duly designated representatives of the Secretary, upon presentation of appropriate credentials and written notice or warrant to the employer, shall have the right of entry into any workplace at reasonable times to inspect and investigate complaints within reasonable limits and in a reasonable manner.

(c) Employers found to be in violation of this chapter shall be given 14 days to comply. Employers not complying within 14 days following written notification of a violation shall be subject to civil penalties of not more than $500 per violation.
16 Del. C. § 3008F — Delaware Code / Title 16 / Chapter 30F / Subchapter I / Section 3008F
§ Â
        3008F. Enforcement.
Status: in_force

(a) The Department shall adopt rules and regulations as may be necessary for the protection and care of companion animals in animal shelters, as defined in this subchapter.

(b) The Department will conduct at least annual inspection of every animal shelter.

(c) The Department or its duly authorized representative or representatives shall have the power to enter at all reasonable times, during ordinary business hours, upon any private or public animal shelter for the purpose of determining whether or not there is compliance with or violations of this subchapter, rules, and regulations thereunder.

(d) Upon request of the Department, animal shelters shall make available records concerning the requirements of this subchapter.

(e) All findings will be documented in writing and a copy provided to the animal shelter within 30 days. Once provided to the animal shelter, the documentation will also be posted on the Department web site. Deficiencies must be corrected within the timeframe established by the Department.

(f) The Department shall have the power to issue orders to correct deficiencies and to impose penalties pursuant to § 107(a) of this title.

(g) The animal shelter management has the right to appeal the results of the inspection. If the opinion of the animal shelter management is in conflict with the inspection, the animal shelter management may request a review of the inspection by the Department. The appeal will be made in writing and submitted within 30 days after publication of the findings. After receipt of the appeal, the Department will have 60 days to respond in writing.

(h) The Department shall conduct an investigation upon receipt of a complaint of alleged violations of this subchapter.

(1) Anyone desiring to file a complaint against any animal shelter shall file a written complaint with the Department. All complaints shall be reviewed and complaints concerning violations of this chapter will be investigated by the Department or its designee. The Department shall notify the animal shelter of the complaint within 30 days of receipt of said complaint. The Department shall be responsible for issuing a final written report of violations of this subchapter to the animal shelter. Once the final report is issued to the animal shelter, the report will also be posted to the Department website at the conclusion of the proceedings.

(2) The animal shelter management may, in writing to the Department, request a hearing if they wish to contest the findings of the investigation. The appeal will be made in writing and submitted within 30 days after publication of the findings. Within 30 days of receipt of the request for public hearing, the Department shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29, and the Freedom of Information Act, Chapter 100 of Title 29.
16 Del. C. § 4901 — Delaware Code / Title 16 / Chapter 49 / Section 4901
§ Â
        4901. Manufacture, delivery, possession and use of laetrile.
Status: in_force

The manufacture, delivery, possession and use of laetrile (amygdalin, Vitamin B-17) is lawful within the State. No person, however, shall manufacture, sell or deliver laetrile (amygdalin, Vitamin B-17) for purposes of transporting such substances to any other state, district or territory beyond the borders of Delaware.
16 Del. C. § 3001Q — Delaware Code / Title 16 / Chapter 30Q / Section 3001Q
§ Â
        3001Q. Definitions.
Status: in_force

For purposes of this chapter:

(1) “ASTM D6400 standard specification” means the standard specification for labeling of plastics designed to be aerobically composted in municipal or industrial facilities set by the American Society for Testing and Materials.

(2) “ASTM D6868 standard specification” means the standard specification for labeling of end items that incorporate plastics and polymers as coatings or additives with paper and other substrates designed to be aerobically composted in municipal or industrial facilities set by the American Society for Testing and Materials.

(3) “Beverage stirrer” means a single-service article primarily intended to be used to stir a beverage, such as coffee, cocoa, or tea.

(4) “Beverage straw” or “straw” means a single-service tube primarily intended to be used for transferring a beverage from its container to the mouth when drinking.

(5) “Cocktail pick” means a single-service article that is used to garnish a beverage, including to hold an olive or fruit.

(6) “Compostable” means that all the materials in the article will break down into, or otherwise become part of, usable compost in a safe and timely manner in an appropriate composting facility or in a home compost pile or device. “Compostable” includes articles with a certification logo indicating that the article meets the ASTM D6400 standard specification or ASTM D6868 standard specification.

(7) “Food service packaging” means a single-service article used for serving or transporting prepared, ready-to-consume food or beverages, including plates, cups, bowls, trays, and hinged or lidded containers.

(8) “Health-care provider” means a facility that provides “long-term, acute, or outpatient health-care services” as defined in § 7971 of Title 29.

(9) “Plastic” means a synthetic material made from organic polymers, including polypropylene and polystyrene, that can be molded into shape while soft, and then set into a rigid or slightly elastic form.

(10) “Polystyrene foam” or “polystyrene” means blown polystyrene and expanded or extruded foams using a styrene monomer. “Polystyrene foam” or “polystyrene” does not mean clear or solid polystyrene.

(11) “Polystyrene foam food service packaging” means food service packaging made from polystyrene foam. “Polystyrene foam food service packaging” does not mean polystyrene foam products that are containers used to contain, transport, or package raw, uncooked, or butchered meat, poultry, fish, seafood, eggs, fruits, or vegetables.

(12) “Pre-packaged” means bottled, canned, cartoned, bagged, or wrapped at a food processing plant or before arriving at a food establishment.

(13) “Sandwich pick” means a single-service article, either hollow or solid, commonly used to pierce a sandwich.

(14) The following terms mean as defined in the Delaware Food Code, Regulation 4458 of Title 16 of the Delaware Administrative Code [16 DE Admin. Code 4458]:

a. “Consumer.”

b. “Core item.”

c. “Food.”

d. “Food establishment.”

e. “Ready-to-eat food.”

f. “Single-service” means as “single-service articles” are defined.

g. “Single-service articles.”
16 Del. C. § 2721 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2721
§ Â
        2721. Requests for anatomical gifts.
Status: in_force

(a) (1) At or near the time of death of any patient in a hospital, the attending physician or hospital designee shall make contact with the OPO in order to determine the suitability for organ, tissue and eye donation for any purpose specified under this chapter. This contact and the disposition shall be noted in the patient’s medical record.

(2) a. If the OPO determines that additional medical history or information is required to determine suitability for the donation, the OPO may seek additional health information on the potential anatomical donor from the Delaware Health Information Network (DHIN).

b. If the OPO has entered into an agreement with the DHIN for access to clinical data in DHIN’s possession, DHIN shall provide the OPO with timely access to medical information on the potential anatomical donor.

(b) Protocol for referral of potential anatomical donors to OPO. — (1) The person designated by the hospital to contact the OPO shall have the following information available:

a. Patient’s name and identifier number;

b. Patient’s age;

c. Anticipated cause of death;

d. Past medical history; and

e. Other pertinent medical information.

(2) a. If the OPO determines that donation is not appropriate based on established medical criteria, this shall be noted by hospital personnel in the patient’s record and no further action shall be necessary.

b. If the OPO determines that donation may be appropriate, the OPO shall make a reasonable search of the records of the Donate Life Delaware Registry or the applicable state donor registry that it knows exists for the geographic area in which the individual resided or resides in order to ascertain whether the individual has made an anatomical gift.

c. If the referred patient has a document of gift, including registration with the Donate Life Delaware Registry, the OPO representative or the designated requestor shall attempt to notify a person listed in § 2711(c) of this title of the gift.

d. If no document of gift is known to the OPO representative or the designated requestor, 1 of these 2 individuals shall ask the persons listed in § 2711(c) of this title whether the decedent had a validly executed document of gift. If there is no evidence of an anatomical gift by the decedent, the OPO representative or the designated requestor shall notify a person listed in § 2711(c) of this title of the option to donate organs and tissues. The request for donation shall be made by the OPO representative, or the designated requester in consultation with the attending physician or the hospital designee.

(3) The person in charge of the hospital or that person’s designated representative shall indicate in the medical record of the decedent:

a. Whether or not a document of gift is known to exist or whether a gift was made; and

b. The name of the person granting or refusing the gift and that person’s relationship to the decedent.

(4) If the OPO determines, based upon a medical record review, that a hospitalized individual who is dead or whose death is imminent may be a prospective donor, the hospital shall, if requested by the OPO, conduct a blood or tissue test or minimally invasive examination, which is reasonably necessary to evaluate the medical suitability of a part that is or may be the subject of an anatomical gift. Specific consent to testing or examination under this paragraph (b)(4) is not required. The results of tests and examinations under this paragraph (b)(4) shall be used or disclosed only:

a. To evaluate medical suitability for donation and to facilitate the donation process; and

b. As required or permitted by law.

(5) The attending physician, in collaboration with the OPO, shall ensure that, prior to the withdrawal or withholding of any measures which are necessary to maintain the medical suitability of a part that is or may be the subject of an anatomical gift, the OPO has either:

a. Had the opportunity to advise the applicable persons set forth in § 2711(c) of this title of the option to make an anatomical gift; or

b. Ascertained that the individual expressed a known objection.

(6) Each hospital in the State shall develop and implement a protocol for referring potential anatomical donors as provided in this section. The protocol shall require that, at or near the time of the death of any patient, the hospital shall contact by telephone the OPO to determine suitability for anatomical donation of the potential donor. The protocol shall encourage discretion and sensitivity to family circumstances and beliefs in all discussions regarding donations of organs, tissue or eyes.

a. Limitation. — If the hospital staff advises the OPO that the hospital staff has actual knowledge that the decedent did not wish to be an anatomical donor, the gift of all or any part of the decedent’s body shall not be requested.

b. Medical record reviews. — Death medical record reviews must be performed annually in each acute care general hospital for the sole purpose of determining anatomical donor potential at the hospital. The hospital may perform the medical record review or may designate the OPO to conduct the review. If the hospital chooses to conduct its own review, it must do so in accordance with clinical specifications and guidelines established by the OPO. If the hospital conducts the review, the OPO must provide the necessary training to hospital personnel conducting the review. The hospital must report the results of the review to the OPO no later than 45 days following the completion of the review. If the hospital designates the OPO to conduct the review, the OPO shall provide the hospital with written assurance that the OPO shall maintain the confidentiality of patient identifying information.

c. After a donor’s death, a person to whom an anatomical gift may pass under § 2712 of this title may conduct a test or examination which is reasonably necessary to evaluate the medical suitability of the body or part for its intended purpose.

d. Any examination conducted under this section may include an examination and copying of records necessary to determine the medical suitability of the part. This subsection includes medical, dental and other health-related records.

e. A hospital shall enter into agreements or affiliations with the OPO for coordination of procurement and use of anatomical gifts.

(7) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.

(8) A revocation of a gift made under this chapter is effective only if the applicable organ procurement organization, tissue bank, eye bank, or transplant hospital knows of and can reasonably communicate the revocation to the involved physicians or technicians before an incision has been made to remove a part from the donor’s body or before invasive procedures have begun to prepare the recipient.

(c) A person, including a medical examiner, that seeks to facilitate the making of an anatomical gift for the purposes of transplantation or therapy from a decedent who was not a hospital patient at the time of death shall notify the OPO at or around the time of the person’s death in order to allow the OPO to evaluate the potential donation and, if applicable, coordinate the donation process.

(d) The OPO may, upon request and payment of associated fees, obtain certified copies of death records of a donor from the Delaware Department of Health and Social Services, Office of Vital Statistics.
16 Del. C. § 2903 — Delaware Code / Title 16 / Chapter 29 / Section 2903
§ Â
        2903. Smoking restrictions.
Status: in_force

Except as is provided in § 2904 of this title, and in order to reduce the levels of exposure to environmental tobacco smoke and emissions produced by electronic smoking devices, smoking shall not be permitted and no person shall smoke in any indoor enclosed area to which the general public is invited or in which the general public is permitted, including, but not limited to:

(1) Public meetings;

(2) Elevators;

(3) Government owned and/or operated means of mass transportation including buses, vans, trains, taxicabs and limousines;

(4) Grocery stores;

(5) Gymnasiums;

(6) Jury waiting and deliberation rooms;

(7) Courtrooms;

(8) Child day care facilities;

(9) Health-care facilities including hospitals, health care clinics, doctor’s offices or other health-care-related facilities;

(10) Any workplace not exempted;

(11) Restrooms, lobbies, reception areas, hallways and other common-use areas;

(12) Restaurants as licensed by the Division of Public Health or defined by Title 4;

(13) Gaming facilities that are open to the public;

(14) Any indoor sports arena;

(15) Lobbies, hallways and other common areas in apartment buildings, condominiums and other multiple-unit residential facilities;

(16) Lobbies, hallways and other common areas in hotels and motels, and in no less than 75% of the sleeping quarters within a hotel or motel that are rented to guests;

(17) Bowling alleys;

(18) Billiard or pool halls;

(19) Retirement facilities and nursing homes not including any private residence;

(20) Public buildings;

(21) Auditoria;

(22) Theaters;

(23) Museums;

(24) Libraries;

(25) Public and nonpublic schools;

(26) Other educational and vocational institutions.

(27) Establishments defined as a motorsports speedway, tavern or taproom by Title 4.
16 Del. C. § 6616 — Delaware Code / Title 16 / Chapter 66 / Subchapter II / Section 6616
§ Â
        6616. Protection of records.
Status: in_force

Any and all records and reports compiled by the State Fire Marshal’s office resulting from the State’s Juvenile Fire Setter Intervention Program, including, but not limited to, case histories, interviews and findings, shall be considered confidential and privileged and shall not be disclosed directly or indirectly to anyone other than Family Court, the Attorney General and the Deputy Attorneys General and the employees of the State Fire Marshal’s office in the discharge of their official duties. Such records and reports shall not be subject to the Freedom of Information Act pursuant to Chapter 100 of Title 29 and shall not be subject to any subpoena powers of any court.
16 Del. C. § 129 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 129
§ Â
        129. Threatened epidemics; appointment of officers to enforce regulations and orders.
Status: in_force

With the exception of circumstances encompassed by Title 20, when any contagious or infectious disease shall become or threaten to become epidemic, and the local authorities shall neglect or refuse to enforce efficient measures for its prevention, the Secretary or the Secretary’s designee may appoint a medical officer and such assistants as the Department or Division may require and authorize such medical officer to enforce such orders or regulations as the Secretary deems necessary. Provisions of Title 20 which conflict with provisions of this section shall take precedence over this section.
16 Del. C. § 5017 — Delaware Code / Title 16 / Chapter 50 / Section 5017
§ Â
        5017. Immunity.
Status: in_force

(a) Initial assessment. — No peace officer, medical doctor, credentialed mental health screener, juvenile mental health screener, or facility in which a medical doctor or credentialed mental health screener or juvenile mental health screener practices shall be subject to civil damages or criminal penalties for any harm resulting from the performance of their functions under this section unless such harm was intentional or the result of wilful or wanton misconduct on their part. This immunity is limited to the mental health assessment, resulting clinical decision, and involuntary hold necessary until the person is presented to a designated psychiatric treatment facility that is able to provide such psychiatric health-care services for the emergency detention described in § 5001(8) of this title.

(b) Emergency detention. — After the person presents to the designated psychiatric treatment facility and during the emergency detention period described in § 5001(8) of this title, no medical doctor or designated psychiatric treatment facility shall be subject to civil damages or criminal penalties for any harm to the person with a mental condition resulting from the performance of functions under § 5004(e) of this title unless such harm was the result of negligent, reckless, wilful, wanton and/or intentional misconduct.

(c) Subsequent care. — After the person is voluntarily admitted, provisionally admitted or involuntarily committed, no peace officer or medical doctor shall be subject to civil damages or criminal penalties for any harm to the person with a mental condition resulting from the performance of the officer’s or doctor’s own functions of this title unless such harm was the result of negligent, reckless, wilful, wanton and/or intentional misconduct on the officer’s or doctor’s own part.

(d) Nothing in this section is intended to waive the State’s sovereign immunity or the privileges and immunities set forth at Chapter 40 of Title 10.
16 Del. C. § 2108 — Delaware Code / Title 16 / Chapter 21 / Section 2108
§ Â
        2108. Registration and permit fee.
Status: in_force

The initial annual permit fee and subsequent annual renewal fee under this chapter for manufacturers of bedding products within the State or manufacturers of such products who ship said products into this State shall be as follows:

Bedding manufacturer____________________________________________________________________________________________________  $50
16 Del. C. § 3303 — Delaware Code / Title 16 / Chapter 33 / Section 3303
§ Â
        3303. Adulteration of drugs.
Status: in_force

A drug is deemed to be adulterated:

(1) If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality or purity as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation. No drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this subdivision if the standard of strength, quality or purity is plainly stated upon the bottle, box or other container thereof although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary.

(2) If its strength or purity falls above or below the professed quality under which it is sold.

(3) If it violates the definition of adulteration as stated in the Federal Food, Drug and Cosmetic Act [21 U.S.C. § 301 et seq.].