16 Del. C. § 9704 — Delaware Code / Title 16 / Chapter 97 / Section 9704
§ Â
        9704. Office of Emergency Medical Services â Created; purpose.
Status: in_force

(a) The Office of Emergency Medical Services is hereby created. The Office shall be responsible for ensuring the effective coordination and evaluation of the emergency medical services system in Delaware which includes providing assistance and advice for activities related toward the planning, development, improvement and expansion of emergency medical services.

(b) The Office of Emergency Medical Services shall be a state agency within the Division of Public Health, Department of Health and Social Services. The Office of Emergency Medical Services shall report directly to and be responsible to the Director of the Division of Public Health, which is consistent with the health plan for Delaware.

(c) As used in this subchapter, the term “Office” shall refer to the State Office of Emergency Medical Services. In the performance of the functions mandated by this legislation which relate to the planning and evaluation of the emergency medical services system in Delaware, the Office of Emergency Medical Services shall coordinate with the Bureau of Health Planning and Resources Development for technical assistance in emergency medical services planning activities. Specifically, the Bureau of Health Planning and Resources Development shall have the primary responsibility for all data analysis related to the emergency medical services system. This coordination should minimize duplication of effort between the 2 agencies and allow for the effective use of available staff resources within the Department of Health and Social Services.

(d) Except for those activities and responsibilities for basic life support, which are under the jurisdiction of the State Fire Prevention Commission, the Office of Emergency Medical Services shall have jurisdiction over the development, implementation and maintenance of a Statewide Trauma System.

(e) A memorandum of agreement shall be established between the Office of Emergency Medical Services of the Division of Public Health and the State Fire Prevention Commission to foster inclusion and coordination of Basic Life Support Services within the Statewide Trauma System.

(f) The Director of Public Health shall establish a standing Trauma System Committee and ad hoc committees as deemed appropriate to assist in oversight of the Inclusive Statewide Trauma Care System. The standing Trauma System Committee shall convene at least quarterly. Membership on the standing Trauma System Committee will include, but not be limited to, a representative of each of the following constituencies to be selected from the 3 counties within the State:

(1) Trauma rehabilitation professionals

(2) Practicing trauma surgeons

(3) Practicing emergency department physicians

(4) The Association of Delaware Hospitals

(5) Advanced Life Support prehospital providers

(6) Basic Life Support prehospital providers

(7) The State Fire School

(8) Practicing trauma subspecialty physicians

(9) Practicing pediatric surgeons or pediatricians

(10) Practicing registered nurses involved in trauma patient care

(11) Emergency medical dispatchers

(12) Hospital administration

(13) The Delaware state police aviation section

(14) A representative from the State Fire Prevention Commission.

(g) The Trauma System Committee shall be an advisory group to the Director of Public Health on the following issues:

(1) Rules governing the operation of Delaware’s Inclusive Statewide Trauma Care System, which will be based upon national references such as the American College of Surgeons’ Resources for Optimal Care of the Trauma Patient: 1993.

(2) Recommendations for corrective action based on the reviews of the following:

a. Statewide trauma care system operations, including the monitoring for adherence to adopted policies, procedures, protocols and standards, the availability of appropriate resources and the periodic review of trauma hospital participation (designation) criteria.

b. The delivery of emergency medical and hospital services by trauma care service providers to trauma patients.

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

(h) Except for those activities and responsibilities for basic life support, which is under the jurisdiction of the State Fire Prevention Commission, the Office of Emergency Medical Services shall have jurisdiction over the development, implementation and maintenance of a statewide stroke system.

(i) A memorandum of agreement shall be established between the Office of Emergency Medical Services of the Division of Public Health and the State Fire Prevention Commission to foster inclusion and coordination of Basic Life Support Services within the Statewide Stroke System.

(j) The Director of Public Health shall establish and appoint a standing Stroke System Committee and ad hoc committees as deemed appropriate to assist in oversight of the inclusive statewide stroke care system. The standing Stroke System Committee shall convene at least quarterly. Membership on the standing Stroke System Committee will include, but not be limited to, a representative of each of the following constituencies to be selected from the 3 counties within the State and with best efforts to achieve a balance in membership from each county:

(1) Stroke rehabilitation professionals, including but not limited to, physical therapists, occupational therapists, and speech language pathologists;

(2) Practicing stroke neurologists;

(3) Practicing Emergency Department physicians;

(4) The Delaware Healthcare Association;

(5) Advanced life support prehospital providers;

(6) Basic life support prehospital providers;

(7) The State Fire School;

(8) Practicing neurosurgeons;

(9) Practicing neurointerventional radiologists;

(10) Practicing registered nurses involved in stroke patient care;

(11) Emergency medical dispatchers;

(12) Hospital administration or a designee from each acute health-care facility which holds or intends to seek stroke center designation under this title;

(13) The Delaware State Police Aviation Section; and

(14) A representative from the State Fire Prevention Commission.

(k) The Stroke System Committee shall be an advisory group to the Director of Public Health on the following issues:

(1) Recommendations based on Delaware stroke data as determined by the Director of Public Health, and after review of Delaware data as analyzed by the Stroke System Committee, and input from the Committee, as to whether outcomes for Delaware patients will be improved by the adoption of a statewide stroke system. Such recommendations shall be made to the Director of Public Health no later than December 30, 2016. The Director of Public Health shall report the basis for the Directors’ decision to the Chairs of the Health and Social Services Committees of the House and Senate.

(2) Rules governing the operation of Delaware’s inclusive statewide stroke care system, which will be based upon national references and data based guidelines, as determined by the Director of Public Health with the advice of the Stroke System Committee.

(3) Recommendations for corrective action based on the reviews of the following:

a. Statewide stroke care system operations, including the monitoring for adherence to adopted policies, procedures, protocols and standards, the availability of appropriate resources and the periodic review of stroke hospital and freestanding emergency department participation (designation) criteria.

b. The delivery of emergency medical and hospital services by stroke care service providers to stroke patients.

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

(l) Except for those activities and responsibilities for basic life support, which are under the jurisdiction of the State Fire Prevention Commission, the Office of Emergency Medical Services has jurisdiction over the development, implementation, and maintenance of the overdose system of care created under § 9710 of this title.

(m) A memorandum of agreement must be established between the Office of Emergency Medical Services of the Division of Public Health and the State Fire Prevention Commission to foster inclusion and coordination of Basic Life Support Services within the Statewide overdose system of care created under § 9710 of this title.
16 Del. C. § 3079F — Delaware Code / Title 16 / Chapter 30F / Subchapter V / Section 3079F
§ Â
        3079F. Violations by owners of dangerous or potentially dangerous dogs; penalties.
Status: in_force

(a) Possessing a dangerous dog in violation of § 3076F(b) of this title or a potentially dangerous dog in violation of § 3077F(c) of this title is punishable as follows:

(1) For a first violation, a civil penalty of $500.

(2) For a subsequent violation, a civil penalty of $1,000.

(b) After a dog has been declared dangerous under § 3076F(a) of this title, only a dog that, without provocation, kills, attacks, or inflicts physical injury or serious physical injury upon a human being or domestic animal must be seized and impounded by the Department and disposed of by euthanasia in accordance with subchapter I of this chapter. For purposes of this subsection, “provocation” means any of the exceptions to finding a dog dangerous or potentially dangerous contained in § 3074F(a) or (b) of this title.

(c) After a dog has been declared potentially dangerous under § 3077F of this title, a dog that commits any of the acts listed under § 3077F(a) of this title must be seized and impounded by the Department and the Department may file a civil action for a hearing to determine whether the dog is dangerous or the dog owner may voluntarily accept the designation of dangerous.

(d) Any civil penalty imposed for a violation of this subchapter may not be suspended to any amount less than the minimum prescribed civil penalty. The Justice of the Peace Court shall remit all civil penalties imposed for violation of this subchapter to the Department.
16 Del. C. § 4738 — Delaware Code / Title 16 / Chapter 47 / Subchapter III / Section 4738
§ Â
        4738. Records of registrants; order forms.
Status: in_force

(a) Persons registered to prescribe, manufacture, distribute or dispense controlled substances under this chapter shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal and state law and with any rules the Secretary issues.

(b) Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with federal law respecting order forms shall be deemed compliance with this section.
16 Del. C. § 1108 — Delaware Code / Title 16 / Chapter 11 / Subchapter I / Section 1108
§ Â
        1108. Posting of inspection summary and other information and public meetings.
Status: repealed

(a) Each facility shall prominently and conspicuously post for display in a public area of the facility that is readily available to residents, employees, and visitors the following:

(1) The license issued under this subchapter.

(2) A sign prescribed by the Department that specifies complaint procedures and provides the “1-800” hotline number to receive complaints 24 hours a day, 7 days a week.

(3) The most recent state survey report prepared by the Department of the most recent inspection report for the facility.

(4) A notice, as required by regulation, in the form prescribed by the Department stating that informational materials relating to the compliance history of the facility are available for inspection at a location in the facility specified by the sign and online at a web site specified by the sign. The notice shall also provide the telephone number to reach the Department to obtain the same information concerning the facility.

(5) A notice, as required by regulation, that the Division of Professional Regulation can provide information about the facility administrator along with the Division of Professional Regulation telephone number to call for this information.

(b) [Repealed.]

(c) The compliance history information required to be maintained for public review must be maintained in a well-lighted accessible location. The compliance history material must include all inspection reports produced for that facility during the preceding 3-year period. The information must be updated as each new inspection or other Department report is received by the facility.

(d) Following completion of the annual inspection report, the Department shall schedule a meeting, as required under regulations, to take place at the facility to present the findings of the annual report.

(1) The Department shall require the facility to notify residents and their families of the meetings required under this subsection.

(2) The Department shall provide staff for these meetings and the staff shall be prepared to present the findings of the surveys and to answer questions regarding the surveys and plans of action.
16 Del. C. § 806C — Delaware Code / Title 16 / Chapter 8C / Section 806C
§ Â
        806C. Confidentiality.
Status: in_force

(a) No person may disclose or be compelled to disclose the identity of any person upon whom a blood specimen for metabolic, hematologic, endocrinologic, immunologic and certain structural disorders screen is performed, or the results of such test in a manner which permits identification of the subject of the test, except to the following person:

(1) The subject of the test or the subject’s legal guardian.

(2) Any person who secures a legally effective release of test results executed by the subject of the test or the subject’s legal guardian.

(3) For purposes of diagnosis, treatment or follow-up.

(4) As authorized by court order.

(5) To a medical examiner authorized to conduct an autopsy on a child or an inquest on the death of a child.

(6) Health facility staff committees or accreditation or oversight review organizations which are conducting program monitoring, program evaluation or service reviews, including the Maternal and Child Death Review Commission conducting reviews pursuant to Title 31.

(7) Individuals who have access to an electronic medical record (EMR), in which the information is retained pursuant to § 1203(a)(6) of this title, or a health information exchange.

(8) Pursuant to Chapter 9 of this title as it relates to investigation of child abuse.

(b) No person to whom the results of a blood specimen for metabolic, hematologic, endocrinologic, immunologic and certain structural disorders screen have been disclosed pursuant to subsection (a) of this section shall disclose the test results to another person except as authorized by subsection (a) of this section.

(c) The provisions in this section shall not interfere with the transmission of information as may be necessary to obtain third-party payment for medical care related to a metabolic, hematologic, endocrinologic, immunologic, or certain structural disorders or with the documentation of cause of death on death certificates.
16 Del. C. § 7923 — Delaware Code / Title 16 / Chapter 79 / Section 7923
§ Â
        7923. Water or air pressure test.
Status: in_force

The plumbing system shall be subjected to a water or air pressure test and to a final test in such manner as to disclose all leaks and imperfections in the work.
16 Del. C. § 3301 — Delaware Code / Title 16 / Chapter 33 / Section 3301
§ Â
        3301. Definitions.
Status: in_force

As used in this chapter:

(1) “Drug” includes all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use and any substance or mixture of substances intended to be used for the cure, mitigation or prevention of disease of either humans or other animals. Notwithstanding any other provision of this subdivision, the word “drug” shall not include laetrile (amygdalin).

(2) “Food” includes all articles used for food, drink, ice, confectionery or condiment by humans or other animal, whether simple, mixed or compound.
16 Del. C. § 1134 — Delaware Code / Title 16 / Chapter 11 / Subchapter III / Section 1134
§ Â
        1134. State response to reports of adult abuse, neglect, mistreatment, financial exploitation, or medication diversion.
Status: repealed

(a) The Department shall ensure that patients or residents are afforded the same rights and protections as other individuals in the State.

(b) [Repealed.]

(c) The Department shall establish and maintain a 24-hour statewide toll-free telephone report line operating at all times and capable of receiving reports of alleged abuse, neglect, mistreatment, financial exploitation, and medication diversion.

(d) On receipt of an allegation of abuse, neglect, mistreatment, financial exploitation, or medication diversion, the Department shall do all of the following:

(1) Receive and maintain reports in a computerized central data base.

(2) Acknowledge all complaints, when authorized by the person making the report. The acknowledgement shall identify other relevant remedial agencies, including the protection and advocacy agency, Office of the Long-Term Care Ombudsperson, and victim rights resource organizations.

(3) Forward complaints to the appropriate Department staff who shall determine, through the use of standard operating procedures developed by the Department, whether an investigation should be initiated to respond to the complaint. The Department shall develop the protocols for making this determination and the protocols must give priority to ensuring the well-being and safety of patients and residents.

(4) Begin the investigation within 24 hours of receipt of any report or complaint that alleges any of the following:

a. A patient’s or resident’s health or safety is in imminent danger.

b. A patient or resident has died due to alleged abuse, neglect, mistreatment, or medication diversion.

c. A patient or resident has been hospitalized or received medical treatment due to alleged abuse, neglect, mistreatment, or medication diversion.

d. The existence of circumstances that could result in abuse, neglect, mistreatment, or medication diversion and that could place a patient’s or resident’s health or safety in imminent danger.

e. A patient or resident has been the victim of financial exploitation or risk thereof and exigent circumstances warrant an immediate response.

(5) Except in situations outlined in paragraph (d)(4) of this section, initiate and conclude an investigation within 10 days of receiving a report or complaint unless extenuating facts warrant a longer time to complete the investigation.

(6) Contact the appropriate law-enforcement agency immediately on receipt of any complaint requiring an investigation under this section and provide the police with a detailed description of the complaint received.

a. The appropriate law-enforcement agency shall conduct its investigation or provide the Department within a reasonable time an explanation detailing the reasons why it is unable to conduct the investigation.

b. The Department may defer its own investigation in these circumstances until it receives appropriate guidance from the Attorney General’s Office and the relevant police agency with respect to how to proceed with its investigation thereby assuring a coordinated investigation.

c. Notwithstanding any provision of the Delaware Code to the contrary, to the extent the law-enforcement agency with jurisdiction over the case is unable to assist, the Department may request that the Delaware State Police exercise jurisdiction over the case and, upon such request, the Delaware State Police may exercise such jurisdiction.

(7) If a case is classified as an investigation under this subchapter, have the authority to secure a medical examination of a long-term care patient or resident on the consent of the patient or resident without the consent of the long-term care facility if the patient or resident has been reported to be a victim of abuse, neglect, or mistreatment, or medication diversion.

(8) When a written report of abuse, neglect, mistreatment, financial exploitation, or medication diversion is made by a person required to report under § 1132(a) of this title, the Department shall contact the person who made the report within 48 hours of the receipt of the report in order to ensure that full information has been received and to obtain any additional information, including medical records, which may be pertinent.

(9) Conduct an investigation involving all reports which, if true, would constitute a criminal offense, or an attempt to commit a criminal offense, under any of the following provisions of Title 11: §§ 601, 602, 603, 604, 611, 612, 613, 621, 625, 626, 627, 631, 632, 633, 634, 635, 636, 645, 763, 764, 765, 767, 768, 769, 770, 771, 772, 773, 774, 775, 791, 841, 842, 843, 844, 845, 846, 848, 851, 861, 862 and 908.

(10) Develop protocols to ensure that it conducts its investigation in coordination with the relevant law-enforcement agency. The primary purpose of the Department’s investigation must be the protection of the patient or resident.

(11) Do any of the following when investigating abuse, neglect, mistreatment, financial exploitation, or medication diversion reports:

a. Make unannounced visits to the facility, as required, to determine the nature and cause of the alleged abuse, neglect, mistreatment, financial exploitation, or medication diversion.

b. Interview available witnesses identified by any source as having personal knowledge relevant to the reported abuse, neglect, mistreatment, financial exploitation, or medication diversion.

c. Conduct interviews in private unless the witness expressly requests that the interview not be private.

d. Write an investigation report that includes all of the following:

1. The investigator’s personal observations.

2. A review of the medical and all other relevant documents and records.

3. A summary of each witness statement.

4. A statement of the factual basis for the findings for each incident or problem alleged in the complaint.

(12)-(16) [Repealed.]

(17) Before the completion of an investigation, file a petition for the temporary care and protection of the patient or resident if the Department determines that immediate removal is necessary to protect the patient or resident from further abuse, neglect, mistreatment, financial exploitation, or medication diversion.

(18) On completing an investigation of a complaint, the Department shall take 1 or more of the following courses of action, as appropriate:

a. If representatives of the Department, the Attorney General’s Office, or the appropriate law-enforcement agency are unable to substantiate a complaint that applicable laws or regulations have been violated, the Department, Attorney General’s Office, or appropriate law-enforcement agency shall so advise the complainant and the facility, agency, or individual against which the complaint was made.

b. If Department representatives are able to substantiate a complaint that applicable laws or regulations have been violated, the Department shall take appropriate enforcement action.

1. An enforcement action may include instituting actions by the Department for injunctive relief or other relief deemed appropriate.

2. The Attorney General’s Office shall provide legal advice and assist the Department to institute an enforcement action.

c. If the Department discovers a violation of federal laws or regulations or rules administered by any other government agency, the Department shall refer the matter directly to the appropriate government agency for an enforcement action.

d.-f. [Repealed.]

(19) Protect the privacy of the long-term care patient or resident and the patient’s or resident’s family.

a. The Department shall establish guidelines concerning the disclosure of information relating to complaints and investigations regarding abuse, neglect, mistreatment, financial exploitation, or medication diversion involving that patient or resident.

b. The Department may require persons to make written requests for access to records maintained by the Department.

c. Records maintained for investigations conducted under this section are not public records under Chapter 100 of Title 29 and the Department may only release information to persons who have a legitimate public safety need for the information and the information must be used only for the purpose for which it is released under a user agreement with the Department.

(e) The protection and advocacy agency may complement the Department’s complaint resolution system through monitoring, investigation, and advocacy on behalf of facility patients or residents. In furtherance of this authority, protection and advocacy agency representatives may engage in all of the following functions:

(1) Solicit and receive oral and written reports and complaints of abuse, neglect, mistreatment, financial exploitation, or medication diversion of facility patients or residents.

(2) Access a facility.

(3) Interview patients, residents, facility staff, and agents.

(4) Inspect and copy records pertaining to the patient or resident with valid consent or as otherwise authorized by federal law.

(f) The Department may develop protocols with the protection and advocacy agency to facilitate coordination whenever both agencies have initiated an overlapping investigation.

(g) The immunities and protections under § 1135 of this title apply to persons offering reports or testimony to initiate or support protection and advocacy agency investigation or advocacy.

(h) Appointment of special investigators; powers and duties. —

(1) The Secretary of the Department may appoint qualified persons to be special investigators.

a. The investigators hold office at the pleasure of the Secretary.

b. Any individual appointed under this section must have all of the following qualifications:

1. A minimum of 10 years experience as a police officer, as that term is defined in § 1911(a) of Title 11.

2. Significant investigatory experience while working as a police officer.

3. Be in good standing with the previous or present law-enforcement agency where the individual was or is employed.

4. Other qualifications deemed appropriate by the Secretary.

(2) Special investigators appointed under this section may conduct investigations of abuse, neglect, mistreatment, financial exploitation, or medication diversion of patients and residents of facilities and adults who are impaired as defined in § 3902 of Title 31 anywhere in this State as directed by the Department and have the power to make arrests and serve writs anywhere in this State.

a. In conducting the investigations, the special investigators have the statewide powers enumerated under § 1911 of Title 11 and other powers as conferred by law on police officers, but the powers are limited to offenses involving abuse, neglect, mistreatment, financial exploitation, or medication diversion of patients and residents of long-term care facilities and adults who are impaired anywhere in this State as directed by the Department.

b. To the extent possible, special investigators under this section may consult with the police agency having jurisdiction and the Department before making an arrest and shall do so in all cases after making the arrest.

(3) The Secretary of the Department shall fix the salary of special investigators within the appropriations made to the Department.

(4) Special investigators shall assist in the training of other Department staff.

(i) On receipt of any report under paragraph (d)(5) of this section, the law-enforcement agency having jurisdiction shall conduct a full and complete criminal investigation based on their departmental policies and shall assess probable cause and effectuate arrests when appropriate.

(1) The Attorney General’s Office or other law-enforcement agency conducting the investigation shall keep the Department informed of the case status and all major decisions under memoranda of understanding between the Department and the Attorney General’s Office and other relevant law-enforcement agencies entered into under subsection (j) of this section.

(2) The Attorney General’s Office shall keep the Department well informed of the case status and all major decisions, including the disposition of criminal charges and the specifics of any sentencing order rendered.

(j) The Department, the Attorney General’s Office, and other law-enforcement agencies shall develop memoranda of understanding under this subchapter which provide for timely notification, co-investigation, referral of cases, including automatic referral in certain cases, and ongoing coordination in order to keep each other apprised of the status of their respective investigations. The memoranda of understanding may be amended as needed.

(k) If the Department suspects or discovers information indicating the commission of violations of standards of professional conduct by facilities licensed under this chapter or by staff employed by such facilities, the Department shall immediately contact the Attorney General’s Office and the relevant professional licensing board.

(l) The Department and the Attorney General’s Office shall cooperate with law-enforcement agencies to develop training programs to increase the effectiveness of Department personnel, Attorney General’s Office personnel, and law-enforcement officers in investigating suspected cases of abuse, neglect, mistreatment, financial exploitation, or medication diversion.

(m) If a criminal prosecution for abuse, neglect, mistreatment, financial exploitation, or medication diversion is initiated by the Attorney General’s Office based on a report under this subchapter, and incarceration of the individual who is the subject of the report is ordered by the court, the Attorney General’s Office shall keep the Department informed of actions taken by the court which result in the release of the individual if the Attorney General’s Office is represented at the hearing.

(n) If a criminal prosecution for abuse, neglect, mistreatment, financial exploitation, or medication diversion is initiated by the Attorney General’s Office against a person employed by or associated with a facility or organization required to be licensed or whose staff are required to be licensed under Delaware law, the Attorney General’s Office shall notify the Department within 48 hours and the Department shall then notify the individual’s employer as follows:

(1) When the individual is charged with having committed at least 1 felony offense involving an allegation of abuse, neglect, mistreatment, financial exploitation, or medication diversion.

(2) On an adjudication of guilt of the person for any misdemeanor or violation, when the offense involved abuse, neglect, mistreatment, financial exploitation, or medication diversion.
16 Del. C. § 196 — Delaware Code / Title 16 / Chapter 1 / Subchapter IX / Section 196
§ Â
        196. Delaware Healthy Mother and Infant Consortium.
Status: in_force

(a) The Delaware Healthy Mother and Infant Consortium (“Consortium”) is hereby established and shall coordinate efforts to prevent infant mortality and improve the health of women of childbearing age and infants in the State.

(b) The Consortium’s initial priorities and agenda shall be the recommendations contained in the report entitled “Reducing Infant Mortality in Delaware — Recommendations of the Infant Mortality Task Force,” released in May 2005, or its successor.

(c) The Consortium will:

(1) Provide advice and support to state agencies, hospitals and health-care practitioners regarding their roles in reducing infant mortality and improving the health of women of childbearing age and infants.

(2) Facilitate collaborative partnerships among public health agencies, hospitals, health-care practitioners and all other interested agencies and organizations to carry out recommended infant mortality improvement strategies.

(3) Recommend standards of care to ensure healthy women of childbearing age and infants.

(4) Coordinate efforts to address health disparities related to the health of women of childbearing age and infants.

(5) Oversee development and implementation of research activities to better understand causes of infant mortality.

(6) Coordinate efforts to prevent conditions and behaviors that lead to unhealthy women of childbearing age and infants.

(7) Meet semi-annually with the Secretary of Health and Social Services to review progress, priorities, and barriers related to the Consortium’s purpose.

(8) Recommend legislation and regulations that will enhance the health of women of childbearing age and infants.

(9) On an annual basis issue a report to the Governor on the status of the health of women of childbearing age and infants and progress in implementing recommendations of the Infant Mortality Task Force.

(d) The Consortium’s permanent membership shall be as follows:

(1) Two representatives of the Delaware House of Representatives and 2 representatives of the Delaware State Senate (1 selected by each caucus);

(2) One representative of the Governor’s office;

(3) The Secretary of the Department of Children, Youth, and Their Families, or the Secretary’s designee;

(4) The Secretary of the Department of Health and Social Services or the Secretary’s designee;

(5) The Director of the Division of Medicaid and Medical Assistance or the Director’s designee; and

(6) Fifteen additional members approved by the Governor who shall represent the medical, social service and professional communities as well as the general public.

(e) The Consortium’s permanent members may enact procedures to appoint additional persons to the Consortium. The Consortium, by rule and regulation, shall establish categories of membership, specify voting rights for each category, designate the number needed for a quorum to transact business, provide for election of officers, and adopt such procedures as are necessary to carry out the business of the Consortium.

(f) Appointees to the Consortium shall serve at the pleasure of the individual or entity that appointed them.

(g) The Consortium shall have a chair and a vice chair, to be designated from among permanent members by the Governor and who shall serve as president and vice-president at the pleasure of the Governor. Staff support for the Consortium shall be provided by the Delaware Division of Public Health.
16 Del. C. § 2505C — Delaware Code / Title 16 / Chapter 25C / Section 2505C
§ Â
        2505C. Request process for medication to end life [For application of this section, see 85 Del. Laws, c. 19, Â 3].
Status: in_force

(a) An individual may request medication to end their life in a humane and dignified manner by making 2 oral requests and 1 written request to the individual’s attending physician or attending APRN.

(b) An individual must make the second oral request for medication to end their life in a humane and dignified manner no fewer than 15 days after making the first oral request for this medication. At the time of the second oral request, the individual’s attending physician or attending APRN must offer the individual an additional opportunity to rescind this request.

(c) An individual’s written request for medication to end their life in a humane and dignified manner must contain all of the following and use the form or be substantially similar to the form under subsection (f) of this section:

(1) A request for medication that will end the individual’s life in a humane and dignified manner.

(2) The individual’s signature, with the date signed.

(3) The signatures of at least 2 adult witnesses who each attest to all of the following:

a. The individual signed the document in the presence of the witness.

b. To the best of the witness’ knowledge, the individual has decision-making capacity, is acting voluntarily, and is not being coerced to sign the document.

(d) No more than 1 of the witnesses under paragraph (c)(3) of this section may be any of the following:

(1) A relative of the individual by blood, marriage, or adoption.

(2) Entitled to any portion of the estate of the individual upon the individual’s death under a will or by operation of law at the time the request for medication is signed.

(3) An owner, operator, or employee of a health-care institution where the individual is receiving medical treatment or is a resident.

(e) The individual’s attending physician or attending APRN at the time the individual signs the document under paragraph (c)(2) of this section may not provide a signature required under paragraph (c)(3) of this section.

(f) A written request for medication to end life in a humane and dignified manner under subsection (c) of this section must use the following form or be substantially similar to the following form:

Request for Medication to End My Life in a Humane and Dignified Manner

I, _________________, am an adult resident of Delaware with decision-making capacity.

I have been diagnosed with _______________________, which my attending physician or attending APRN has determined is a terminal illness and has been medically confirmed by a consulting physician or consulting APRN. I have been fully informed of my diagnosis and prognosis of 6 months or less to live, the nature of the medication to be prescribed to end life in a humane and dignified manner, the potential associated risks of this medication, the expected result, and the feasible alternative, concurrent, or additional treatment opportunities available to me, including comfort care, palliative care, hospice care, and pain control.

I request that my attending physician or attending APRN prescribe medication to end life in a humane and dignified manner that will end my life in a peaceful manner if I choose to take it, and I authorize my attending physician or attending APRN to dispense my prescription or to contact a pharmacist to dispense my prescription. I understand that I have the right to rescind this request at any time. I understand the seriousness of this request, and I expect to die if I take the medication prescribed to end life in a humane and dignified manner. I further understand that although most deaths occur within 3 hours, my death may take longer, and my attending physician or attending APRN has counseled me about this possibility.

I make this request voluntarily, without reservation, free from coercion or pressure, and I accept full responsibility for my actions.

Signed ________________

Dated ________________

________________________________ Witness, Date

________________________________ Witness, Date
16 Del. C. § 9813 — Delaware Code / Title 16 / Chapter 98 / Section 9813
§ Â
        9813. Liability; limitations.
Status: in_force

(a) Physician instructions. — No emergency physician or designee of such physician who in good faith gives instructions to a paramedic shall be liable for any civil damages which may occur as the result of issuing such instructions; unless the conduct of the physician or the designee of such physician in issuing such instructions rises to the level of willful and wanton, reckless or grossly negligent conduct.

(b) Paramedics. — (1) No paramedic who in good faith attempts to render or facilitate emergency medical care authorized by this chapter shall be liable for any civil damages which occur as a result of any act or omission of the paramedic in the rendering of such care; unless such paramedic is guilty of wilful and wanton, reckless or grossly negligent conduct.

(2) No paramedic shall be subject to civil liability, based solely upon failure to obtain consent in rendering emergency medical services to any individual, regardless of age, where the person is unable to give consent for any reason, and where there is no other person reasonably available who is legally authorized to give or refuse to give consent, if the paramedic has acted in good faith, without knowledge of facts negating consent, and without any act or omission constituting wilful and wanton or grossly negligent conduct.

(c) Educational programs. — No university, college, medical facility or other entity participating as part of an educational program, nor any faculty member of any such entity, nor any student of such entity who is enrolled in a course of instruction approved by the Administrator, shall be liable for any civil damages as the result of any primary or continuing educational practice conducted under proper supervision, unless such university, college or other entity or faculty member or student is guilty of wilful and wanton, reckless or grossly negligent conduct.

(d) Health facilities. — No health facility which assists a physician in giving instructions to a paramedic in accordance with this chapter shall be liable for any civil damages as the result of such instructions, unless such health facility is guilty of wilful and wanton, reckless or grossly negligent conduct.
16 Del. C. § 8405 — Delaware Code / Title 16 / Chapter 84 / Section 8405
§ Â
        8405. Revision of code.
Status: in_force

The Levy Court or County Council of New Castle County, Kent County and Sussex County and each incorporated municipality in each of the said counties may revise in accordance with the terms of this chapter the codes adopted on or before January 1, 1962, at any time subsequent thereto when changing conditions and situations within their county or municipality may require such revision.
16 Del. C. § 6601 — Delaware Code / Title 16 / Chapter 66 / Subchapter I / Section 6601
§ Â
        6601. Objectives.
Status: in_force

The objective of the State Fire Prevention Commission, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices.
16 Del. C. § 3016E — Delaware Code / Title 16 / Chapter 30E / Subchapter II / Section 3016E
§ Â
        3016E. Epinephrine autoinjectors; immunity.
Status: in_force

(a) A licensed health-care provider who prescribes or dispenses an epinephrine autoinjector to an institution of higher education under this subchapter must do so in good faith and with reasonable care. Unless it is established that the licensed health-care provider caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, a licensed health-care provider is not subject to any of the following as a result of prescribing or dispensing an epinephrine autoinjector under this subchapter:

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

(2)  Criminal liability.

(3)  Liability for damages for injuries or death.

(b) A pharmacist who dispenses an epinephrine autoinjector to an institution of higher education under this subchapter must do so in good faith and with reasonable care. Unless it is established that the pharmacist caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, a pharmacist is not subject to any of the following as a result of dispensing an epinephrine autoinjector under this subchapter:

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

(2)  Criminal liability.

(3)  Liability for damages for injuries or death.

(c) An institution of higher education that possesses and makes available epinephrine autoinjectors under this subchapter must do so in good faith and with reasonable care. Unless it is established that the institution of higher education caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, an institution of higher education is not subject to any of the following as a result of possessing or making available an epinephrine autoinjector under this subchapter:

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

(2)  Criminal liability.

(3)  Liability for damages for injuries or death.

(d) An individual who administers or provides an epinephrine autoinjector under this subchapter is exempt from liability under § 6801 of this title.
16 Del. C. § 601 — Delaware Code / Title 16 / Chapter 6 / Section 601
§ Â
        601. Enumeration of streptococcal infections.
Status: in_force

Streptococcal infections are declared to be contagious, infectious, communicable and dangerous to the public health.
16 Del. C. § 4808B — Delaware Code / Title 16 / Chapter 48B / Section 4808B
§ Â
        4808B. Prescription Opioid Settlement Fund.
Status: in_force

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

(b) The Settlement Fund shall hold all moneys collected by the State and its subdivisions as a result of the terms of statewide opioid settlement agreements, judgments, or other recoveries in connection with a defendant’s actual or alleged liability for contributing to the opioid crisis in Delaware that must be used for purposes of remediating or abating the opioid crisis in Delaware.

(c) All money in the Settlement Fund is continuously available for expenditure under § 5196B of this title and spending limits imposed by the General Assembly, including for salaries and other routine operating expenses of the Settlement Fund or the Prescription Opioid Settlement Distribution Commission.

(1) Annually, $300,000 or 5% of the total annually deposited into the Settlement Fund, whichever is greater, may be used for administering this chapter and §§ 5196 through 5196B of this title.

(2) Money appropriated by the General Assembly to implement this chapter and §§ 5196 through § 5196B of this title must be reimbursed from the Funds.

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

(1) For services that remediate the harm caused by opioids.

(2) To reduce harm caused by opioids.

(3) Consistent with the terms of the settlement, judgment, or other source of the moneys.

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

(f) Money in the Settlement Fund does not lapse at any time and must not be transferred to or commingled with any other fund.

(g) The Prescription Opioid Settlement Distribution Commission shall distribute the money in the Settlement Fund.
16 Del. C. § 10307 — Delaware Code / Title 16 / Chapter 103 / Subchapter I / Section 10307
§ Â
        10307. Privacy; protection and use of information.
Status: in_force

(a) (1) DHIN shall by rule or regulation ensure that patient specific health information is disclosed only with the patient’s consent or best interest to those having a need to know.

(2) A disclosure that is made in the patient’s “best interest to those having a need to know” includes any of the following:

a. Disclosure for treatment, payment and operations purposes, and required disclosures to public health authorities, as “treatment”, “payment”, “operations”, and “public health authorities” are defined under the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and associated regulations.

b. Disclosure for other purposes permitted under Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and other federal law and regulations addressing the privacy of protected health information.

(b) Health information and data held by DHIN is not subject to the Freedom of Information Act, Chapter 100 of Title 29, or to subpoena by a court. The health information and data may be disclosed only by consent of the patient or under DHIN’s rules, regulations, or orders.

(c) DHIN shall by rule or regulation provide a Delaware resident with access to the resident’s own health information that is in DHIN’s possession, if and to the extent that access is permitted by Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and DHIN’s contract with a relevant data-sending organization.

(d) DHIN shall by rule or regulation provide a Delaware resident with the ability to direct DHIN to disclose the resident’s own health information to a third party that the resident approves, if and to the extent that the disclosure is permitted by Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and DHIN’s contract with a relevant data-sending organization.

(e) In addition to the disclosures permitted by subsection (a) of this section, DHIN shall by rule or regulation provide a health-care payer, provider, purchaser, or researcher with access to clinical data in DHIN’s possession, if and to the extent that the access is permitted by Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) and DHIN’s contract with the relevant data-sending organizations.

(1) The reasons for which access to clinical data is permissible under this subsection include any of the following:

a. The facilitation of data-driven, evidence-based improvements in access to and quality of health care.

b. The improvement of the health of Delawareans generally.

c. Lowering the growth in per capita health-care costs.

d. Providing an enhanced provider experience that promotes patient engagement.

(2) DHIN may not provide patient-specific data to a person under this subsection without first obtaining written consent from the patient authorizing the disclosure.

(3) Clinical data may be provided to a requesting person under this subsection only when a majority of the DHIN Board of Directors, or of a subcommittee established under DHIN’s bylaws for purposes of reviewing data requests, determines that the clinical data should be provided to the requesting person to facilitate the purposes of this subsection.

a. If the DHIN Board of Directors or appropriate subcommittee of the Board so determines, DHIN may release fully de-identified data or the analytic evaluation thereof to third parties or the public without obtaining full Board or subcommittee review, for purposes consistent with this subsection.

b. A request for limited data sets or identifiable data must go through Board or subcommittee review.

c. The Board’s or subcommittee’s determination under this subsection is final and not subject to appeal. A requesting person, data-sending organization, or other party has no private right of action to enforce a requirement under this subsection or otherwise challenge the Board’s or subcommittee’s determination.

(4) a. DHIN shall promulgate regulations to notify a data-sending organization when clinical data consisting of a limited data set or identifiable data submitted by the data-sending organization may be released for a purpose permitted under this subsection.

b. If DHIN notifies a data-sending organization under paragraph (e)(4)a. of this section, DHIN shall provide the data-sending organization with an opportunity to comment on the data release request prior to releasing the data. DHIN shall review, consider, and respond to the data-sending organization’s comments.

(5) a. DHIN shall provide clinical data provided to a requesting person under this subsection under DHIN’s existing confidentiality and data security protocols and in compliance with all applicable state and federal laws relating to the privacy and security of protected health information.

b. A person that receives individually-identifiable patient health information under this subsection shall maintain the information by complying with all applicable state and federal laws relating to the confidentiality and security of protected health information, including related regulations promulgated under this chapter.

(f) DHIN may enter a contract under § 10303(a)(11) of this title with a person that requests data or analytic services from DHIN.

(g) A state agency is not required to comply with the State’s procurement law under Chapter 69 of Title 29 to procure services from DHIN.

(h) A violation of DHIN’s rules or regulations regarding access or misuse of health information or data held by DHIN must be reported to the office of the Attorney General, and is subject to prosecution and penalties under the Delaware Criminal Code or federal law.
16 Del. C. § 6608 — Delaware Code / Title 16 / Chapter 66 / Subchapter I / Section 6608
§ Â
        6608. Audits of volunteer fire and ambulance companies.
Status: in_force

(a) The State Fire Prevention Commission shall promulgate regulations requiring financial audits of volunteer fire and ambulance companies and the Smyrna and Georgetown American Legion Ambulances and the Mid-Sussex Rescue Squad. The regulations shall include, but not be limited to, specifying the required types of audits, the reporting periods, procedures for reviewing the audits and the processes to be followed in the event a company fails to submit or submits an inadequate audits.

(b) The State Fire Prevention Commission shall have the authority, after a hearing, to impose a civil penalty not to exceed $100 against any volunteer fire and ambulance companies, the Smyrna and Georgetown American Legion Ambulances and the Mid-Sussex Rescue Squad that fails to comply with any regulation promulgated pursuant to subsection (a) of this section. Each day a violation continues may be deemed a separate offense in the State Fire Prevention Commission’s discretion. However, in no event shall the total penalties exceed $5,000 per reporting period.

(c) The State Fire Prevention Commission shall have the authority, in addition to any other authority provided by law, after consulting with the State Auditor of Accounts, to require additional audits and enforce compliance with any regulation or order relating to financial audits of any volunteer fire and ambulance company, the Smyrna and Georgetown American Legion Ambulances and the Mid-Sussex Rescue Squad as follows:

(1) To require an organization to procure the services of 1 or more certified public accountants certified under the laws of the State to audit the organization's accounts for any fiscal year or years as the State Fire Prevention Commission may deem appropriate, with the costs to be paid by such organization being audited. In the event any organization fails to secure the services of a qualified accountant within 30 days following any request made pursuant to this subsection, the State Fire Prevention Commission shall authorize the State Auditor of Accounts to procure a certified public accountant to perform the audit and assess the costs to such organization.

(2) The scope and procedures for any audit mandated in accordance with paragraph (c)(1) of this section shall be determined by the State Auditor of Accounts.

(3) Demand that the State Treasurer withhold any funds allocated and not previously released to an organization under any current or future Grant-in-Aid Appropriation Act of the State to the organization to the extent necessary to satisfy any unpaid penalties and costs assessed to such organization by the State Fire Prevention Commission.

(4) Demand that the State Treasurer withhold any funds allocated and not previously released to an organization under any current or future Grant-in-Aid Appropriation Act of the State to an organization until such a time as the organization complies with any accounting requirement, regulation or remedial measure issued by the State Fire Prevention Commission.

(5) Report evidence of criminal activity to the Attorney General.

(d) The penalties specified in this section are in addition to and not in lieu of any other penalties provided for under this chapter.
16 Del. C. § 135 — Delaware Code / Title 16 / Chapter 1 / Subchapter II / Section 135
§ Â
        135. Services to public water systems.
Status: in_force

(a) The Department will provide services to public water as follows:

(1) Analyze drinking water for chemical and microbiological content.

(2) Inspect public water systems.

(3) Review plans for new systems and major improvements to existing systems.

(4) Provide technical assistance to public water system as needed.

(5) Provide a program to approve the qualifications and competency of laboratories conducting chemical and microbiological testing of potable water.

(6) Provide a program to approve the qualifications and competence of potable water distribution and treatment plant operators in charge of operating public water systems.

(b) The Department of Health and Social Services shall initiate the following fees for the above services. The fees imposed under this section reasonably and approximately reflect the costs necessary to defray the expenses of the Department:

(1) COMMUNITY WATER SUPPLIES

(2) NON-COMMUNITY SUPPLIES $25

(3) NON-TRANSIENT NON-COMMUNITY SUPPLIES $50
16 Del. C. § 9809 — Delaware Code / Title 16 / Chapter 98 / Section 9809
§ Â
        9809. Certification.
Status: in_force

(a) No individual shall represent that individual’s own self as a paramedic certified by this State unless the person so represented is in fact certified by the Board.

(b) No person nor governmental agency shall represent itself as a paramedic service, emergency medical service, or similar type of service certified by this State unless such person or governmental agency is in fact certified by the Department.

(c) No person shall provide, offer nor advertise to provide advanced life support services outside a hospital, unless so authorized by law.

(d) Notwithstanding any other provision of this chapter, any paramedic who has been certified by the Board of Medical Licensure and Discipline prior to the effective date of this chapter shall automatically be certified under this chapter, and shall be deemed to have complied with all the requirements of this chapter.

(e) Pending formal approval of paramedic certification by the Board, the executive director of the Board may issue a temporary certification to a paramedic whose application establishes to the satisfaction of the executive director that the applicant has met all requirements and standards for certification. Such temporary certification shall be valid for not greater than 90 days.
16 Del. C. § 2216A — Delaware Code / Title 16 / Chapter 22A / Section 2216A
§ Â
        2216A. Certified Recovery House Fund.
Status: in_force

(a) A special fund, known as the “Certified Recovery House Fund,” is created to support the implementation of this chapter.

(b) The following receipts shall be credited to the Fund:

(1) Money received under § 2215A of this title.

(2) Grants, gifts, and other money intended for the Fund.

(3) Money appropriated or transferred to the Fund by the General Assembly.

(c) The State Treasurer shall invest the Fund consistent with the investment policies established by the Cash Management Policy Board and credit interest to the Fund monthly consistent with the rate established by the Cash Management Policy Board.

(d) Money in the Fund at the end of a Delaware state fiscal year carries forward and shall not revert to the General Fund unless so required by a subsequent Act of the General Assembly.
16 Del. C. § 4919A — Delaware Code / Title 16 / Chapter 49A / Section 4919A
§ Â
        4919A. Requirements, prohibitions, penalties.
Status: repealed

(a) A registered compassion center shall be operated on a not-for-profit basis. The bylaws of a registered compassion center shall contain such provisions relative to the disposition of revenues to establish and maintain its not-for-profit character. A registered compassion center need not be recognized as tax-exempt by the Internal Revenue Service and is not required to incorporate pursuant to Title 8.

(b) The operating documents of a registered compassion center shall include procedures for the oversight of the registered compassion center and procedures to ensure accurate recordkeeping.

(c) A registered compassion center and a registered safety compliance facility shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.

(d) A registered compassion center and a registered safety compliance facility may not be located within 500 feet of the property line of a preexisting public or private school.

(e) A registered compassion center is prohibited from acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana for any purpose except to assist registered qualifying patients with the medical use of marijuana directly or through the qualifying patients’ designated caregivers.

(f) All cultivation of marijuana for registered compassion centers must take place in an enclosed, locked location at the physical address or addresses provided to the Commissioner during the registration process, which can only be accessed by compassion center agents working or volunteering for the registered compassion center.

(g) A registered compassion center may not purchase usable marijuana or mature marijuana plants from any person other than another registered compassion center.

(h) Before marijuana may be dispensed to a designated caregiver or a registered qualifying patient, a compassion center agent must determine that the individual is a current cardholder in the verification system and must verify each of the following:

(1) That the registry identification card presented to the registered compassion center is valid;

(2) That the person presenting the card is the person identified on the registry identification card presented to the compassion center agent; and

(3) That the registered compassion center is the designated compassion center for the registered qualifying patient who is obtaining the marijuana directly or via that registered qualifying patient's own designated caregiver.

(i) A registered compassion center shall not dispense more than 3 ounces of marijuana to a registered qualifying patient, directly or via a designated caregiver, in any 14-day period. Registered compassion centers shall ensure compliance with this limitation by maintaining internal, confidential records that include records specifying how much marijuana is being dispensed to the registered qualifying patient and whether it was dispensed directly to the registered qualifying patient or to the designated caregiver. Each entry must include the date and time the marijuana was dispensed. These records must be maintained by the compassion centers for a minimum of 3 years.

(j) [Repealed.]

(k) No person may advertise medical marijuana sales in print, broadcast, or by paid in-person solicitation of customers. This shall not prevent appropriate signs on the property of the registered compassion center, listings in business directories including phone books, listings in trade or medical publications, or the sponsorship of health or not-for-profit charity or advocacy events.

(l) A registered compassion center may not share office space with nor refer patients to a health-care practitioner.

(m) A health-care practitioner may not refer patients to a registered compassion center or registered designated caregiver, advertise in a registered compassion center, or, if the health-care practitioner issues written certifications, hold any financial interest in a registered compassion center.

(n) No person who has been convicted of an excluded felony offense or has been convicted of a misdemeanor drug offense, as provided in this title or an equivalent offense from another jurisdiction, within 5 years from the date of application that is not excluded by § 4902A(7)b.2. of this title may be a compassion center agent.

(o) The Commissioner shall issue a civil fine of up to $3,000 for violations of this section.

(p) The Commissioner shall suspend or revoke a registration certificate for serious or multiple violations of this chapter and regulations issued in accordance with this chapter. A registered compassion center may continue to cultivate and possess marijuana plants during a suspension, but it may not dispense, transfer, or sell marijuana.

(q) The suspension or revocation of a certificate is a final Commissioner action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court.

(r) Any cardholder who sells marijuana to a person who is not allowed to possess marijuana for medical purposes under this chapter shall have that cardholder's registry identification card revoked and shall be subject to other penalties for the unauthorized sale of marijuana.

(s) Any registered qualifying patient, registered designated caregiver, compassion center agent, or safety compliance facility agent, including a principal owner, board member, employee or volunteer who has access to compassion center or safety compliance facility records, who sells marijuana to someone who is not allowed to use marijuana for medical purposes or who fails to maintain, fraudulently maintains, or fraudulently represents to the Commissioner records required by this chapter or rules promulgated pursuant to this chapter, for the purposes of selling marijuana to someone who is not allowed to use marijuana for medical purposes under this chapter is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000, or both, in addition to any other penalties for the distribution of marijuana.

(t) The Commissioner shall revoke the registry identification card of any cardholder who knowingly commits multiple or serious violations of this chapter.

(u) Registered compassion centers are subject to random and reasonable inspection by the Commissioner. The Commissioner shall give reasonable notice of an inspection under this paragraph.

(v) Fraudulent representation to a law-enforcement official of any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution shall be a class B misdemeanor which may be punishable by up to 6 months incarceration at Level V under § 4204 of Title 11 and a fine of up to $1,150, as the Court deems appropriate which shall be in addition to any other penalties that may apply for making a false statement or for the use of marijuana other than use undertaken pursuant to this chapter and jurisdiction for prosecution shall be exclusively in Superior Court.

(w) Registration cards issued pursuant to § 4909A of this title shall be in the possession of the registrant while in possession of medical marijuana outside the registrant’s residence and may be subject to prosecution for failure to do so. If the registrant is unable to produce a valid § 4909A of this title registration card within 2 weeks of the summons, the penalty for a violation of this section shall be an unclassified misdemeanor and jurisdiction shall be exclusively in Superior Court.

(x) For registered qualifying patients and designated caregivers, medical marijuana shall be contained, when not being prepared for ingestion or ingested and outside the registrant’s residence, within, sealed, tamperproof containers issued by compassion centers pursuant to Commissioner regulations and may be subject to prosecution for failure to do so. If the registrant is unable to produce a sealed, tamperproof container within 2 weeks of the summons, the penalty for a violation of this section shall be an unclassified misdemeanor.

(y) If a registered compassion center or registered safety compliance facility has 20 or more employees and is not a signatory to a valid and binding collective bargaining agreement covering the terms and conditions of employment for all employees, the registered compassion center or registered safety compliance facility must enter into and abide by the terms of a labor peace agreement with 1 or more labor organizations.
16 Del. C. § 9304 — Delaware Code / Title 16 / Chapter 93 / Section 9304
§ Â
        9304. Activities subject to review.
Status: in_force

(a) Any person must obtain a Certificate of Public Review prior to undertaking any of the following activities:

(1) The construction, development or other establishment of a health-care facility or the acquisition of a nonprofit health-care facility;

(2) Any expenditure by or on behalf of a health-care facility in excess of $5.8 million, or some greater amount which has been designated by the Board following an annual adjustment for inflation using an annual inflation index determined by the United States Department of Labor, Bureau of Labor Statistics, is a capital expenditure. A capital expenditure for purposes of constructing, developing or otherwise establishing a medical office building shall not be subject to review under this chapter. When a person makes an acquisition by or on behalf of a health-care facility under lease or comparable arrangement, or through donation which would have required review if the acquisition had been by purchase, such acquisition shall be deemed a capital expenditure subject to review. The Board may exempt from review capital expenditures when determined to be necessary for maintaining the physical structure of a facility and not related to direct patient care. A notice of intent filed pursuant to § 9305 of this title, along with any other information deemed necessary by the Board, shall provide the basis for exempting such capital expenditures from review;

(3) A change in bed capacity of a health-care facility which increases the total number of beds (or distributes beds among various categories, or relocates such beds from 1 physical facility or site to another) by more than 10 beds or more than 10 percent of total licensed bed capacity, whichever is less, over a 2-year period;

(4) The acquisition of major medical equipment, whether or not by a health-care facility and whether or not the acquisition is through a capital expenditure, an operating expense or a donation. The replacement of major medical equipment with similar equipment shall not be subject to review under this chapter. In the case of major medical equipment acquired by an entity outside of Delaware, the use of that major medical equipment within Delaware, whether or not on a mobile basis, is subject to review under this chapter. Major medical equipment which is acquired for use in a freestanding acute inpatient rehabilitation hospital, as defined in § 9302(4) of this title, a dispensary or first aid station located within a business or industrial establishment maintained solely for the use of employees or in a first aid station, dispensary or infirmary offering services exclusively for use by students and employees of a school or university or by inmates and employees of a prison is not subject to review.

(5) [Expired].

(b) [Expired].
16 Del. C. § 6902 — Delaware Code / Title 16 / Chapter 69 / Section 6902
§ Â
        6902. Discharging rifle or other explosives; exceptions.
Status: in_force

No person shall fire or discharge in or on or into any street, highway, alley or public place in the State any rifle, gun, pistol, revolver, cane, cannon or other appliance, whether projecting or exploding any bullet, cartridge, blank cartridge, cap (except a cap excluded from the provisions hereof under the definition set forth in § 6901 of this title) or otherwise or any explosive substance or mixture of chlorates or nitrates. This section shall not apply to peace officers in the regular discharge of their duties as such. Nothing in this section shall be construed to prohibit any person from using explosives in quarrying or for blasting or other industrial use.
16 Del. C. § 4312 — Delaware Code / Title 16 / Chapter 43 / Section 4312
§ Â
        4312. Artificial sweeteners.
Status: in_force

The Department of Health and Social Services shall have authority to approve artificial sweeteners for use in carbonated beverages. Such approval shall be in writing and the Department of Health and Social Services will publish a list of such approved artificial sweeteners. Bottles or other containers filled with carbonated beverage to which artificial sweetener approved by the Department of Health and Social Services has been added shall be labeled “DIETETIC.” The label of each container shall also have printed thereon the name of the artificial sweetener used and the amount of the same which has been added.
16 Del. C. § 1193 — Delaware Code / Title 16 / Chapter 11 / Subchapter X / Section 1193
§ Â
        1193. Dementia care staffing in secured memory care units in assisted living facilities [For application of this section, see 84 Del. Laws, c. 327, Â 2].
Status: in_force

(a) An assisted living facility that provides dementia care services in a secured memory care unit must develop a staffing plan for determining its staffing level that does all of the following:

(1) Meets the scheduled needs of each resident in the secured memory care unit as required by the resident’s most recent assessment and service agreement on a 24-hour per day basis.

(2) Meets the reasonably foreseeable unscheduled needs of each resident in the secured memory care unit as dictated by the resident’s most recent assessment and service agreement on a 24-hour per day basis.

(3) Meets the evolving needs of each resident in the secured memory care unit on a 24-hour per day basis.

(4) Details the facility’s staffing for activity services in its secured memory care unit.

(5) Ensures that the facility is prepared to respond promptly and effectively to individual resident emergencies and to emergency, life safety, and disaster situations affecting staff or residents in the facility.

(b) The Department shall review the facility’s staffing plan during each annual inspection and during any other inspection in which the Department determines that a review of the staffing plan is relevant. The Department shall review the facility’s staffing plan to ensure all of the following:

(1) The facility has a staffing plan that meets the requirements detailed in this section.

(2) The facility has sufficient staff to meet the requirements specified in its staffing plan.
16 Del. C. § 4743 — Delaware Code / Title 16 / Chapter 47 / Subchapter III-A / Section 4743
§ Â
        4743. Definitions [Effective until June 30, 2026].
Status: in_force

The following definitions shall be applicable to this subchapter:

(1) “Board” means the Delaware State Board of Pharmacy;

(2) “Delaware patient” means any person residing within or outside of this State who requests an internet pharmacy deliver a prescription drug order to a location within this State;

(3) “Electronic mail” or “e-mail” shall mean any message transmitted through the Internet including, but not limited to, messages transmitted to or from any address affiliated with an internet site;

(4) “Internet” means collectively the international network of interconnected government, educational and commercial computer networks, including equipment and operating software;

(5) “Internet pharmacy” means any person or entity maintaining an internet site which solicits or receives, or offers to solicit or receive, prescription drug orders to be dispensed and delivered to patients, including Delaware patients, by means of the United States Postal Service or any other delivery service. The term “internet pharmacy” does not include a pharmacy which has been issued a valid permit or license by the Board;

(6) “Internet site” means a specific location on the internet that is determined by internet protocol numbers, domain name, or both, including, but not limited to, domain names that use the designations “.com,” “.edu,” “.gov,” “.net” and “.org.”

(7) “Licensed Delaware pharmacist” means a pharmacist licensed by the Board to engage in the practice of pharmacy in this State;

(8) “Link,” with respect to the Internet, means 1 or more letters, words, numbers, symbols, or graphic items that appear on a page of an internet site for the purpose of serving, when activated, as a method for executing an electronic command:

a. To move from viewing 1 portion of a page on such site to another portion of the page; or

b. To move from viewing 1 page on such site to another page on such site; or

c. To move from viewing a page on 1 internet site to a page on another internet site.The following definitions shall be applicable to this subchapter:

(1) “Board” means the Delaware Board of Pharmacy;

(2) “Delaware patient” means any person residing within or outside of this State who requests an internet pharmacy deliver a prescription drug order to a location within this State;

(3) “Electronic mail” or “e-mail” shall mean any message transmitted through the Internet including, but not limited to, messages transmitted to or from any address affiliated with an internet site;

(4) “Internet” means collectively the international network of interconnected government, educational and commercial computer networks, including equipment and operating software;

(5) “Internet pharmacy” means any person or entity maintaining an internet site which solicits or receives, or offers to solicit or receive, prescription drug orders to be dispensed and delivered to patients, including Delaware patients, by means of the United States Postal Service or any other delivery service. The term “internet pharmacy” does not include a pharmacy which has been issued a valid permit or license by the Board;

(6) “Internet site” means a specific location on the internet that is determined by internet protocol numbers, domain name, or both, including, but not limited to, domain names that use the designations “.com,” “.edu,” “.gov,” “.net” and “.org.”

(7) “Licensed Delaware pharmacist” means a pharmacist licensed by the Board to engage in the practice of pharmacy in this State;

(8) “Link,” with respect to the Internet, means 1 or more letters, words, numbers, symbols, or graphic items that appear on a page of an internet site for the purpose of serving, when activated, as a method for executing an electronic command:

a. To move from viewing 1 portion of a page on such site to another portion of the page; or

b. To move from viewing 1 page on such site to another page on such site; or

c. To move from viewing a page on 1 internet site to a page on another internet site.
16 Del. C. § 3002G — Delaware Code / Title 16 / Chapter 30G / Section 3002G
§ Â
        3002G. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Health-care practitioner” means an individual licensed under Title 24 as any of the following:

a. A physician.

b. An advanced practice registered nurse.

c. A physician assistant.

(2) “Opioid antagonist” means naloxone or any other opioid antagonist that is approved by the United States Food and Drug Administration for emergency reversal of known or suspected opioid overdose.

(3) “Public safety personnel” means as defined in § 9702 of this title.
16 Del. C. § 908 — Delaware Code / Title 16 / Chapter 9 / Subchapter I / Section 908
§ Â
        908. Immunity from liability, and special reimbursement to safe havens for expenses related to certain babies.
Status: in_force

(a) Any person, including an agency, organization, or entity, participating in good faith in the making of a report or notifying police officers pursuant to this chapter; assisting in a multidisciplinary case as required by § 906(b)(4) of this title; performing a medical examination without the consent of those responsible for the care, custody, and control of a child under § 906(e) of this title; or exercising emergency protective custody in compliance with § 907 of this title is immune from any liability, civil or criminal, that might otherwise exist, and such immunity extends to participation in any judicial proceeding resulting from the above actions taken in good faith. This section does not limit the liability of any health-care provider for personal injury claims due to medical negligence that occurs as a result of any examination performed pursuant to this chapter.

(b) (1) Except for negligence or intentional acts, a safe haven under § 907A(b) of this title that, or an employee or volunteer of the safe haven who, accepts temporary emergency protective custody of a baby under § 907A of this title is absolutely immune from civil and administrative liability for any act of commission or omission in connection with the acceptance of that temporary emergency protective custody or the provision of care for the baby while the baby is in the safe haven’s temporary emergency protective custody.

(2) If a safe haven under § 907A(b) of this title accepts temporary emergency protective custody of a baby under § 907A of this title, the State shall reimburse the safe haven for eligible, medically necessary costs under the Medicaid Fee for Service Program.
16 Del. C. § 1043 — Delaware Code / Title 16 / Chapter 10 / Subchapter III / Section 1043
§ Â
        1043. Use of Fund; payments [For application of this section, see 84 Del. Laws, c. 476, Â 4].
Status: in_force

(a) Except as otherwise provided under this section, moneys deposited into the Fund must be used by the Department exclusively to secure federal matching funds available through this State’s Medicaid Plan and any applicable waivers and, together with the federal matching funds, must be used exclusively by the Department, including any managed care companies under contract to the Division of Medicaid and Medical Assistance, as follows:

(1) Sixty-six percent of the funds must be used to increase payments to hospitals as provided under subsection (b) of this section relating to payments to hospitals.

(2) Thirty-four percent of the funds must be used to make or increase payments for other approved uses of the funds under subsection (c) of this section.

(3) To reimburse any funds advanced from the Department’s Medicaid budget appropriations that were used to make the payments under paragraphs (a)(1) and (2) of this section.

(b) All of the following apply to funds required to be used to increase payments to hospitals under paragraph (a)(1) of this section:

(1) Funds required to be used to increase payments to hospitals under paragraph (a)(1) of this section must be divided into an inpatient and outpatient payment pool of funds in the same proportion that the inpatient services and outpatient services represent in the total amount assessed each fiscal year under the assessment imposed under § 1032 of this title.

(2) The funds annually allocated to the inpatient pool of funds must be used as follows:

a. Ninety percent of the inpatient payment pool of funds must be used to fund a uniform payment increase for each acute care inpatient day provided to an individual enrolled in Medicaid managed care.

b. Six percent of the inpatient payment pool of funds must be used to fund a uniform payment increase for each inpatient rehabilitation day provided by a hospital distinct part unit or freestanding rehabilitation hospital to an individual enrolled in Medicaid managed care.

c. Four percent of the inpatient payment pool of funds must be used to fund a uniform payment increase for each behavioral health day provided by a hospital distinct part unit or freestanding behavioral health hospital to an individual enrolled in Medicaid managed care.

(3) The funds annually allocated to the outpatient pool of funds must be used as follows:

a. Ninety-nine and one-half percent of the outpatient payment pool of funds must be used to fund a uniform payment increase for each outpatient hospital visit provided to an individual enrolled in Medicaid managed care.

b. One half of 1% of the outpatient payment pool of funds must be used to fund a uniform payment increase for each partial hospitalization program service provided to an individual enrolled in Medicaid managed care.

(c) The approved uses of the funds under paragraph (a)(2) of this section are as follows:

(1) To reimburse the Department for administrative expenses associated with implementing and administering the assessment imposed under § 1032 of this title, including the costs of any staff or consultants engaged by the Department.

(2) To reimburse Medicaid managed care plans for additional administrative expenses incurred that are associated with the implementation of this section and § 1032 of this title, to the extent and in such amounts authorized by the Department.

(3) To develop or enhance funding for Medicaid initiatives, as determined by the Department. Funds may not be used to supplant or replace appropriations for programs in existence on October 1, 2024, except that funds not to exceed 25% may be used to support the general operations of the Medicaid program.

(4) Notwithstanding the requirement that funds be used exclusively to secure federal matching funds, to reimburse the expenses of the Commission.

(d) If the assessment imposed by § 1032 of this title and the payments under paragraphs (a)(1) and (2) of this section are suspended under § 1034 of this title, any moneys remaining in the Fund must be distributed as follows:

(1) If the total of all moneys remaining in the Fund is equal to or less than the Delaware state share of the payments advanced from the Department’s Medicaid budget appropriation to make the payments referred to under paragraphs (a)(1) and (2) of this section and not already reimbursed from the Fund, the Department shall receive the entirety of the moneys remaining in the Fund as reimbursement for the Delaware state share of the payments.

(2) If the total of all moneys remaining in the Fund are greater than the Delaware state share of the payments referred to under paragraphs (a)(1) and (2) of this section and not already reimbursed from the Fund, the remaining moneys must be distributed back to the applicable hospitals generally and proportionately on the same basis as the assessments were collected in the last calendar quarter before the suspension of the assessment imposed by § 1032 of this title and the payments under paragraphs (a)(1) and (2) of this section.

(e) Before receiving payment under this section, a hospital shall attest in writing to the Department that an oral or written, formal or informal agreement or arrangement does not exist to share, redirect, or redistribute Medicaid payments which would result in violation of federal or state law.
16 Del. C. § 2417 — Delaware Code / Title 16 / Chapter 24 / Section 2417
§ Â
        2417. Exemptions.
Status: in_force

Notwithstanding any language to the contrary, this chapter shall not apply to chemicals in the following:

(1) Any article which is formed to a specific shape or design during manufacture, which has end use function(s) dependent in whole or in part upon its shape or design during end use, and which does not release or otherwise result in exposure to a hazardous chemical under normal conditions of use;

(2) Products intended for personal consumption by employees in the workplace;

(3) Retail food sale establishments and all other retail trade establishments, exclusive of processing and repair areas;

(4) A workplace where a hazardous chemical is received in a sealed package and is subsequently sold or transferred in that package if the seal remains intact while the chemical is in the workplace and if the chemical does not remain in the workplace more than 5 working days, except for the provisions of § 2409(a) and § 2410 of this title.

(5) Any food, food additive, color additive, drug or cosmetic as such terms are defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 301 et seq.) or distilled spirits, wines or malt beverages as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C. § 201 et seq.).

(6) A laboratory under the direct supervision or guideline of a technically qualified individual provided that:

a. Labels on containers of incoming chemicals shall not be removed or defaced;

b. MSDSs received shall be maintained and made accessible to employees and students;

c. Sections 2409 and 2410 of this title are met; and

d. The laboratory is not used primarily to produce hazardous chemicals in bulk for commercial purposes.

(7) The workplace of an agriculture employer or employer group if the Secretary of the Department of Agriculture certifies to the Secretary that the chemicals are covered by other federal or state laws and regulations.
16 Del. C. § 4765 — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4765
§ Â
        4765. Penalties under other laws are additional.
Status: in_force

Any penalty imposed for violation of this chapter is in addition to and not in lieu of any civil or administrative penalty or sanction otherwise authorized by law.
16 Del. C. § 5171 — Delaware Code / Title 16 / Chapter 51 / Subchapter VI / Section 5171
§ Â
        5171. Definitions.
Status: in_force

As used in subchapter:

(1) “Department” shall mean the Department of Health and Social Services or its successor.

(2) “Double blind research” shall mean research in which neither the patient nor the physician knows whether the patient is receiving medication or a placebo.

(3) “Hospital” means the Delaware Psychiatric Center or such other hospital in this State which is certified by the Secretary of the Department of Health and Social Services as being an appropriate facility for the diagnosis, care and treatment of mentally ill persons.

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

(5) “Mentally ill person” means a person suffering from a mental disease or condition which requires such person to be observed and treated at the hospital for the person’s own welfare.

(6) “Patient” means any patient at the hospital.

(7) “Psychiatrist” means a physician licensed to practice medicine specializing in the field of psychiatry or a physician employed by the hospital, registered with the Medical Council of Delaware and certified by the hospital medical director to the Medical Council of Delaware as being qualified in the diagnosis and treatment of mentally ill persons.
16 Del. C. § 5196A — Delaware Code / Title 16 / Chapter 51 / Subchapter VIII-A / Section 5196A
§ Â
        5196A. Organization and composition of the Prescription Opioid Settlement Distribution Commission.
Status: in_force

(a) The Commission shall approve all distributions from the money in the Settlement Fund and the Impact Fund.

(b) The Commission consists of the following 15 members, or a designee selected by the member serving by virtue of their position:

(1) The Attorney General.

(2) The Governor.

(3) The Secretary of the Department of Health and Social Services.

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

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

(6) One member of the public, who is a resident of this State, appointed by Governor.

(7) One member of the public, who is a resident of this State, appointed by the Attorney General.

(8) Three members representing each county government in Delaware, appointed as follows:

a. One member appointed by the New Castle County Executive, with the advice and consent of the County Council.

b. One member appointed by the Kent County Administrator, with the advice and consent of Levy Court.

c. One member appointed by the Sussex County Administrator, with the advice and consent of the County Council.

d. 1. If a county is not participating in a statewide opioid settlement agreement in which the county government is eligible to participate, that county is disqualified from appointing a member under paragraphs (b)(8)a. through (b)(8)c. of this section until the county participates in the statewide opioid settlement agreement.

2. If a county is disqualified from appointing a member under this paragraph (b)(8)d., the Governor shall appoint an additional representative from a municipal government under paragraph (b)(9) of this section, who serves until the county is qualified to appoint a member or the Governor appoints a replacement.

(9) One representative of municipal government, appointed by the Governor and selected from a list of 3 names provided by the Delaware League of Local Governments within the 60 days before a member’s term expires or within 30 days after a vacancy. All of the following apply to the member appointed under this paragraph (b)(9):

a. Must rotate annually, on July 1 of each year, from among the municipal governments in this State.

b. Must not represent a municipal government that is not participating in a statewide opioid settlement agreement in which that municipal government is eligible to participate.

(10) One member representing a substance use disorder advocacy group, appointed by the Attorney General.

(11) One member representing the addiction recovery system, appointed by the Governor.

(c) Except as noted under paragraph (b)(9) of this section, appointed members are appointed for a term of 2 years and may not serve more than 3 terms or a total of 6 years. The terms may be consecutive or nonconsecutive. The appointing authority may appoint a member for a term of less than 2 years to ensure terms expire on a staggered basis.

(d) The Governor, or the Governor’s designee, shall chair the Commission. The Commission may elect a member of the Commission to serve as vice chair, with such duties as the Commission assigns. The chair of the Commission is responsible for guiding the administration of the Commission by, at a minimum, doing all of the following:

(1) Notifying the individuals who are members of the Commission of the formation of the Commission, and, if applicable, notifying a person of the need to nominate or appoint members.

(2) Setting a date, time, and place for the initial organizational meeting.

(3) Supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports.

(4) Establishing a webpage dedicated to the work of the Commission and publishing a list of the members of the Commission and the person who appointed them, meeting notices, agendas, minutes, and reports.

(5) Ensuring that any reports produced by the Commission are distributed to members of the Delaware General Assembly, the Governor, the Behavioral Health Consortium, the Director and the Librarian of the Division of Legislative Services, and the Delaware Public Archives.

(e) (1) A quorum of the Commission, or any committee of the Commission, is a majority of its current members. Official action by the Commission, including making recommendations and distributing funds, requires the approval of the majority of the Commission members present at a public meeting where a quorum of the Commission is present.

(2) The chair and members of the Local Government Committee are selected in the same manner as other committees under subsection (g) of this section.

(3) The Commission shall adopt rules or procedures governing the work of the Commission that include ethics standards and procedures to identify and address conflicts of interest. The Commission’s rules and procedures must be consistent with the terms of the sources of funds under § 4808B of this title.

(4) The Chair of the Commission shall coordinate administrative support for the Commission.

(f) The Commission shall establish a Local Government Committee that shall provide recommendations to the Commission regarding the distribution of money from the Settlement Fund and Impact Fund.

(1) The Local Government Committee must include the 3 members representing county government under paragraph (b)(8) of this section and the member representing municipal government under paragraph (b)(9) of this section and may include additional representatives from municipal governments.

(2) The chair and members of the Local Government Committee are selected in the same manner as other committees under subsection (f) of this section.

(3) If the Commission does not adopt the recommendations of the Local Government Committee, the Commission shall provide a written explanation of the decision and provide an opportunity for the Local Government Committee to respond.

(g) The Commission chair may create additional committees. The Commission chair shall appoint a member of the Commission to serve as the chair of each committee and the initial committee members. Additional committee members may be appointed or removed by the chair of each committee. Individuals who are not members of the Commission may serve as a member of a committee.

(h) The Commission shall solicit and review any recommendations regarding the distribution of money from the Settlement Fund and the Impact Fund from all of the following:

(1) The Behavioral Health Consortium.

(2) The Addiction Action Committee.

(3) Overdose System of Care Committee.

(4) Drug Overdose Fatality Review Committee.

(i) The Commission shall seek input from the public and private entities and individuals concerned with the intended purposes of the Funds and shall conduct public hearings as necessary to provide an opportunity for public comment.

(j) The Commission shall use data and evidence on community harm to guide distributions and may procure reports to help guide the work of the Commission.
16 Del. C. § 923 — Delaware Code / Title 16 / Chapter 9 / Subchapter II / Section 923
§ Â
        923. Child Protection Levels.
Status: in_force

(a) A person who has been substantiated for abuse or neglect pursuant to this subchapter must be entered on the Child Protection Registry. The Department shall develop regulations that assess the risk of future harm to children from acts of abuse or neglect and designate Child Protection Levels.

(b) The following paragraphs describe the 4 child protection levels:

(1) Child Protection Level I. — A person who is substantiated for abuse or neglect for any of the following must be designated to Child Protection Level I:

a. An incident of abuse or neglect, including emotional neglect, presenting a low risk of future harm to children; or

b. Conviction of a violation of compulsory school attendance requirements or truancy when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate pursuant to § 924 of this title.

A person who is substantiated for abuse or neglect at Child Protection Level I must not be reported in response to a Child Protection Registry check made pursuant to Chapter 3 of Title 31 or Chapter 85 of Title 11 for that incident or conviction. The person is eligible for employment in a child-serving entity as defined in § 309 of Title 31 or health-care facility as defined in § 8563 of Title 11 .

(2) Child Protection Level II. — A person who is substantiated for abuse or neglect for any of the following must be designated to Child Protection Level II:

a. An incident of abuse or neglect, including severe emotional neglect, presenting a moderate risk of future harm to children; or

b. Conviction of interference with custody when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate pursuant to § 924 of this title.

A person who is substantiated for abuse or neglect at Child Protection Level II must be reported for a period of 3 years as “substantiated for abuse” or “substantiated for neglect” in response to a Child Protection Registry check made pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31. The person must remain on the Registry for a period of 3 years, but the person is eligible for employment in a child-serving entity as defined in Chapter 3 of Title 31, or health-care facility as defined in Chapter 85 of Title 11, while the person is on the Registry at Child Protection Level II; and a prospective employer making a Child Protection Registry check must be so informed. If the person is not substantiated for abuse or neglect while on the Registry, the person on the Registry at Child Protection Level II is automatically removed from the Registry after 3 years and must not be reported in a Child Protection Registry check for that incident or conviction.

(3) Child Protection Level III. — A person who is substantiated for abuse or neglect for any of the following must be designated to Child Protection Level III:

a. An incident of abuse or neglect presenting a high risk of future harm to children, including but not limited to: physical injury, nonorganic failure to thrive, malnutrition, or abandonment of a child 13 to 17 years of age; or

b. Conviction of any of the following crimes when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate pursuant to § 924 of this title: offensive touching, menacing, reckless endangering in the second degree, assault in the third degree, child abuse in the fourth degree, terroristic threatening, unlawful administration of drugs or controlled substances, indecent exposure in the first or second degree, sexual harassment, unlawful imprisonment in the second degree, abandonment of a child, or misdemeanor endangering the welfare of a child.

A person who is substantiated for abuse or neglect at Child Protection Level III must be reported for a period of 7 years as “substantiated for abuse” or “substantiated for neglect” in response to a Child Protection Registry check made pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31. The person is ineligible for employment in a child-serving entity as defined in Chapter 3 of Title 31, or health-care facility as defined in Chapter 85 of Title 11, while the person is on the Child Protection Registry at Child Protection Level III. If the person is not substantiated for a different incident of abuse or neglect while on the Registry, the person entered on the Registry at Child Protection Level III is automatically removed from the Registry after 7 years and is, thereafter, eligible for employment in a child care facility, health-care facility or public school, and must not be reported in a Child Protection Registry check for that incident or conviction.

(4) Child Protection Level IV. — A person who is substantiated for abuse or neglect for any of the following must be designated to Child Protection Level IV:

a. An incident of abuse or neglect presenting the highest risk of future harm to children, including but not limited to serious physical injury, sexual abuse, torture, criminally negligent treatment, or abandonment of a child 12 years of age or younger (but not including the voluntary surrender of a baby pursuant to the Safe Arms for Babies program as provided in § 907A of this title); or

b. Conviction of any of the following crimes when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate pursuant to § 924 of this title: vehicular assault, vehicular homicide, criminally negligent homicide, assault in the first degree, assault in the second degree, reckless endangering in the first degree, unlawful imprisonment in the first degree, child abuse in the first degree, child abuse in the second degree, child abuse in the third degree, child torture, continuous child abuse, murder, manslaughter, murder by abuse or neglect, incest, rape, unlawful sexual contact, sexual extortion, sexual solicitation of a child, felony sex offender unlawful sexual conduct against a child, felony sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree or second degree, trafficking of persons and involuntary servitude, bestiality, continuous sexual abuse of a child, possession of child pornography, unlawfully dealing in child pornography, felony endangering the welfare of a child, dangerous crime against a child, kidnapping, coercion, dealing in children, unlawful dealing with a child, sexual exploitation of a child, or promoting suicide.

A person who is substantiated for abuse or neglect at Child Protection Level IV must be reported as “substantiated for abuse” or “substantiated for neglect” in response to a Child Protection Registry check made pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31. The person is ineligible for employment in a child-serving entity as defined in Chapter 3 of Title 31 or health-care facility as defined in Chapter 85 of Title 11. In addition, the person may not be removed from the Registry and must be reported in a Registry check for the incident or conviction, except as provided in § 929(c) of this title.

(c) A person who is substantiated for an incident of abuse or neglect while on the Child Protection Registry is ineligible for automatic removal from the Registry, but may be removed from the Registry by order of the Family Court as provided in § 929 of this title. If a person is substantiated for abuse or neglect while on the Registry, the imposed conditions for each incident must be completed consecutively, with the conditions for the most restrictive Child Protection Level or Levels being completed before those for the less restrictive level or levels. A person who has partially completed a level when assigned to a more restrictive level is given credit for that partial completion when that person has completed the conditions for the more restrictive level or levels.
16 Del. C. § 2712 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2712
§ Â
        2712. Persons who may become donees, and purposes for which anatomical gifts may be made.
Status: in_force

(a) An anatomical gift may be made to any of the following persons named in the document of gift:

(1) If for research or education, then to a hospital; accredited medical school, dental school, college or university; the organ procurement organization; or other appropriate person as permitted by law.

(2) Subject to subsection (b) of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part.

(3) An eye bank or tissue bank.

(4) An organ procurement organization.

(b) If an anatomical gift to an individual under paragraph (a)(2) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (c) of this section in the absence of a known objection by the person making the anatomical gift.

(c) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph (a)(2) of this section, passes to the organ procurement organization.

(d) If the intended purpose or recipient of an anatomical gift is not known the following shall apply:

(1) If the part is an eye, the gift passes to the appropriate eye bank.

(2) If the part is tissue, the gift passes to the appropriate tissue bank.

(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(e) If a document of gift provides for multiple purposes without indicating priority, and transplantation and therapy is one of the purposes, then transplantation and therapy shall be the priority, and the gift, if suitable, shall pass to the appropriate organ procurement organization. If the gift cannot be used for transplantation or therapy, the gift may then be used for any of the other permitted purposes.

(f) If an anatomical gift is made in a document of gift that does not name a person described in subsection (a) of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (d) of this section.
16 Del. C. § 4760A — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4760A
§ Â
        4760A. Operating or attempting to operate clandestine laboratories; cleanup; penalties.
Status: in_force

(a) Any person who knowingly operates or attempts to operate a clandestine laboratory is guilty of a class C felony.

(b) Any person convicted of a violation of subsection (a) of this section shall be responsible for all reasonable costs, if any, associated with remediation of the site of the clandestine laboratory and any costs associated with the cleanup of any substances or materials or hazardous waste, and for the cleanup of any other site resulting from the operation or disposal of substances or materials from a clandestine laboratory.

(c) Definitions. — As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

(1) “Clandestine laboratory” means any property, real or personal, on or in which a person assembles any chemicals or equipment or combination thereof which are intended to be used to or have been used to unlawfully manufacture a controlled substance or other substance in violation of the provisions of this chapter.

(2) “Cleanup” means any action reasonably necessary to contain, collect, control, identify, analyze, disassembly, treat, remove, or otherwise disperse any substances or materials in or from a clandestine laboratory, including those found to be hazardous waste and any contamination caused by those substances or materials.

(3) “Remediation” means any emergency response, act, or process to temporarily or permanently remedy and make safe.

(d) Nothing in this section shall be construed to preclude a prosecution for the same or similar activity under this chapter.
16 Del. C. § 529 — Delaware Code / Title 16 / Chapter 5 / Subchapter II / Section 529
§ Â
        529. Right to appeal.
Status: in_force

Any person who is aggrieved by the entry of an order pursuant to this subchapter shall have 15 days within which to appeal the order to Superior Court. The Court shall convene a hearing as soon as practicable, but no later than 15 working days from the filing of the appeal. The Court shall receive the records of the administrative hearing, hear additional evidence at the request of either party and conduct a de novo review of the order. An appeal does not stay treatment.
16 Del. C. § 5522 — Delaware Code / Title 16 / Chapter 55 / Subchapter II / Section 5522
§ Â
        5522. Centers for persons diagnosed with mental retardation or other specific developmental disabilities.
Status: in_force

The Division of Developmental Disabilities Services may establish and operate centers for vocational, habilitative and social skill development for persons diagnosed with mental retardation or other specific developmental disabilities. The operation of such said centers shall be governed by the Division’s rules and regulations.
16 Del. C. § 2209 — Delaware Code / Title 16 / Chapter 22 / Section 2209
§ Â
        2209. Violation of licensing requirement; injunction.
Status: in_force

(a) Any organization that maintains, manages or operates, or aids or abets another in maintaining, managing or operating, a facility knowingly without a valid license or outside of a facility’s proper designation is guilty of a class A misdemeanor and subject to the penalties as set out in Chapter 42 of Title 11.

(b) In addition to any other remedy, the Secretary, through the Attorney General, may commence proceedings in the Chancery Court of the State to enjoin any violation of this chapter and may, in the case of a wilful and wanton violation, be awarded the costs of prosecution, including a reasonable amount for attorney fees, if the Secretary prevails.
16 Del. C. § 3123 — Delaware Code / Title 16 / Chapter 31 / Subchapter II / Section 3123
§ Â
        3123. Registration of death.
Status: in_force

(a) A certificate of death for each death which occurs in this State shall be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within 3 days after death, or as soon as possible after a death under subsections (e) and (f) of this section, and prior to final disposition of the dead body, and shall be registered if it has been completed and filed in accordance with this section.

(1) If the place of death is unknown but the dead body is found in this State, the certificate of death shall be completed and filed in accordance with this section. The place where the body is found shall be shown as the place of death. If the date of death is unknown, it may be determined by approximation.

(2) When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this State, the death shall be registered in this State and the place where it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international waters or airspace or in a foreign country or its airspace and the body is first removed from the conveyance in this State, the death shall be registered in this State but the certificate shall show the actual place of death insofar as can be determined.

(b) The funeral director who assumes custody of the dead body shall file the certificate of death with the Office of Vital Statistics unless an official death investigation is required. The funeral director shall obtain the personal data from the next-of-kin or best qualified person or source available and send that data to the attending physician or medical examiner for certification.

(c) (1) When no official death investigation is required, the medical certification shall be completed, signed, and returned to the funeral director within 48 hours after death, or as soon as possible after a death under subsections (e) and (f) of this section, by any of the following:

a. The attending physician.

b. An advanced practice registered nurse (APRN) acting in accordance with §  1902(s) of Title 24.

c. A physician assistant (PA) acting in accordance with § 1773 of Title 24.

(2) In the absence of the attending physician, the certificate may be completed and signed by the attending physician’s designated physician or the chief medical officer of the institution in which death occurred if such individual has knowledge about the medical history of the case.

(d) When an official death investigation is required pursuant to § 4706(a) of Title 29, the medical examiner shall assume custody of the dead body, determine the manner and cause of death and shall complete and sign the certificate of death and shall file the certificate of death with the Office of Vital Statistics.

(e) If the cause of death cannot be determined within 48 hours after death, the attending physician or medical examiner shall file with the Office of Vital Statistics a pending certificate of death and a toxicology study shall be performed. If a cause of death cannot be determined after the toxicology study is performed, the remains and all reports or studies sha8/ll be turned over to the Division of Forensic Science for review. When the cause of death is determined a revised certificate of death shall be issued and presented to the funeral director or the funeral director’s agent, who in turn shall file the certificate with the Office of Vital Statistics.

(f) When a death is presumed to have occurred within this State but the body cannot be located, a certificate of death may be prepared by the State Registrar upon receipt of a court order which shall include the finding of facts required to complete the certificate of death. Such certificate of death shall be marked “By Court Order” and shall show on its face the date of registration and shall identify the court and the date of decree.

(g) One of the following individuals shall pronounce a death:

(1) The attending physician.

(2) The medical examiner.

(3) A registered nurse or an advanced practice registered nurse (APRN) acting in accordance with §  1902(s) of Title 24.

(4) The medical control physician under § 1760(b) of Title 24.

(5) A physician assistant (PA) acting in accordance with § 1773 of Title 24.

(h) All medical certifications of death required under subsections (c) through (e) of this section must be electronically prepared, certified, and signed by 1 of the individuals designated in subsection (c) or (d) of this section.

(i) All certificates of death shall be electronically filed with the Delaware Vital Events Registration System (DelVERS).
16 Del. C. § 1704 — Delaware Code / Title 16 / Chapter 17 / Section 1704
§ Â
        1704. Dumping refuse or other material upon property; penalty.
Status: in_force

(a) No person, by agent or otherwise, shall cast, throw, fell or deposit or in any manner cause to be felled or deposited on or upon any public or private real property anywhere in this State, without first obtaining the consent of the legal owner or custodian of such property or premises first obtained for that purpose in the case of private property or from the legal authority having control, management or administration thereof in the case of such public property, any refuse, debris, waste, dirt, trash, brush, tree or part thereof, offal or any other material, matter or substance of any kind whatsoever. No such refuse, etc., shall be dumped or deposited within 50 feet of any highway, whether or not the consent required has been obtained, except where any authorized dumping is to fill a low place to a level not higher than the adjacent roadway shoulder and a sign has been erected designating such place for dumping.

(b) Whoever violates subsection (a) of this section shall be fined not less than $15 nor more than $100.
16 Del. C. § 10313 — Delaware Code / Title 16 / Chapter 103 / Subchapter II / Section 10313
§ Â
        10313. Submission of required claims data by mandatory reporting entities; submission of claims data by voluntary reporting entities.
Status: in_force

(a) Requirements for submission of required claims data by a mandatory reporting entity.

(1) A mandatory reporting entity shall submit required claims data to the Delaware Health Care Claims Database by the reporting date.

(2) DHIN is subject to the provisions of this subchapter and regulations promulgated under this subchapter, and shall collect the required claims data from mandatory reporting entities by the reporting date.

(3) DHIN shall, under § 10306 of this title, promulgate a template form for a data submission and use agreement for a mandatory reporting entity to use to submit required claims data.

(4) DHIN and each mandatory reporting entity must execute a mutually acceptable data submission and use agreement. The agreement must include procedures for submission, collection, aggregation, and distribution of claims data and must provide for, at a minimum, all of the following:

a. The protection of patient privacy and data security under this chapter and state and federal privacy laws, including all of the following:

1. The Health Insurance Portability and Accountability Act (P.L. 104-191).

2. Titles XIX and XXI of the Social Security Act (42 U.S.C. §§ 1396 et seq. and 1397aa et seq.).

3. The Health Information Technology for Economic and Clinical Health (HITECH) Act (42 U.S.C. §§ 300jj et seq. and 17901 et seq.).

4. All other applicable state and federal laws relating to the privacy and security of protected health information.

b. The identification of claims data that the mandatory reporting entity elects to submit to the Delaware Health Care Claims Database in addition to the required claims data.

c. A detailed summary of how claims data that the mandatory reporting entity submits may be used for geographic, demographic, economic, and peer group comparisons.

d. A representation and warranty that DHIN shall, to the fullest extent possible, abide by nationally recognized data collection standards and methods, including the standards promulgated by the APCD Council or successor organization, to establish and maintain the database in a cost-effective manner and facilitate uniformity among various health-care claims databases of other states and specification of data fields included in submitted claims. DHIN may allow for an exemption when a submitting entity does not collect the specified data or pay on a per-claim basis.

(5) Exclusions from required claims data reporting requirement. The required claims data reporting requirements under this subchapter, and rules and regulations promulgated under this chapter, do not apply to required claims data created for an employee welfare benefit plan or other employee health plan that is regulated by the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U.S.C. § 1001 et seq., unless otherwise permitted by federal law or regulation.

(b) Submission of claims data by a voluntary reporting entity.

(1) DHIN shall collect claims data from a voluntary reporting entity under the terms and conditions of the applicable data submission and use agreement.

(2) DHIN may promulgate regulations to clarify the types of claims data that a voluntary reporting entity may submit.

(3) DHIN and a voluntary reporting entity that elects to submit claims data to the Delaware Health Care Claims Database shall execute a mutually acceptable data submission and use agreement. DHIN shall publish a template form data submission and use agreement that includes the required data submission and use agreement provisions under paragraph (a)(4) of this section.

(c) Unless modified or supplemented by regulations promulgated under this chapter, if more than 1 entity is involved in the administration of a policy, the health insurer is responsible for submitting the claims data on policies that it has written, and the third-party administrator is responsible for submitting claims data on self-insured plans that it administers.
16 Del. C. § 903 — Delaware Code / Title 16 / Chapter 9 / Subchapter I / Section 903
§ Â
        903. Reports required.
Status: in_force

(a) Any person, agency, organization or entity who knows or in good faith suspects child abuse, neglect, or human trafficking shall make a report to the Department in accordance with § 904 of this title. While a person may also notify law enforcement for the purpose of rendering assistance to the child in question or investigating the cause of the child’s injuries or condition, the person is still required to report the suspected abuse to the Department.

(b) The Department shall make information on the general disposition of the report available through the Department report line to the person who made the report.
16 Del. C. § 507 — Delaware Code / Title 16 / Chapter 5 / Subchapter I / Section 507
§ Â
        507. Diphtheria antitoxin and immunizing materials; distribution; regulations; penalty for false certification.
Status: in_force

(a) The State Board of Health may procure and distribute free to any physician for use in this State diphtheria antitoxin and all necessary material for immunizing persons against diphtheria. No such antitoxin shall be furnished until after certification by the physician of the name and address of the person for whom the antitoxin is desired. The name and address of all persons immunized shall be filed with the State Board by the physician who performs the immunization.

(b) The State Board may make such rules and regulations as it deems necessary for the carrying into effect of this section and such rules shall have the force of law.

(c) Whoever makes false certification in order to procure any of the antitoxin referred to in subsection (a) of this section or sells or attempts to sell such antitoxin or immunizing materials shall be fined not less than $5.00 nor more than $50.

(d) The Division of Public Health may contract for hepatitis B vaccinations for immunizing individuals who volunteer for ambulance companies and/or volunteer fire companies. No such vaccination shall be furnished until after certification as to the person for whom the vaccination is desired, including the individual’s name, address and that the individual is a member in good standing of a volunteer fire company or of a volunteer ambulance company. The name and address of all persons immunized shall be filed with the Division of Public Health. The Division of Public Health may promulgate reasonable rules and regulations regarding the immunization of volunteer firefighters and individuals who volunteer for ambulance companies.
16 Del. C. § 7905 — Delaware Code / Title 16 / Chapter 79 / Section 7905
§ Â
        7905. Additional regulations.
Status: in_force

Nothing in this chapter shall be construed to limit the Division of Public Health, councils of cities or sanitary bodies of communities from making further and additional regulations not in conflict with this chapter.
16 Del. C. § 7106 — Delaware Code / Title 16 / Chapter 71 / Section 7106
§ Â
        7106. Licensed blasters.
Status: in_force

(a) License. — It shall be unlawful for any person to use explosive materials unless such person, or if such person is a business entity, an employee of such person using such explosive materials, possesses a blaster’s license issued by the issuing authorities having jurisdiction over the locality in which such materials are used. The blaster’s license must conform to the class and use as provided in subsection (e) of this section and be carried on the person of each such individual during the use of the explosive materials.

(b) Use. — Use of explosive materials shall include all applications of explosives for any purpose whatsoever, unless specifically exempted by subsection (c) of this section.

(c) Use does not include. — For purposes of this section, use does not include any type of commercial manufacturing or research conducted in laboratories of commercial or educational institutions.

(d) Qualifications. — Blaster’s licenses will be issued only to a natural person and shall bear the person’s name, address and photograph. In addition to the qualifications specified in § 7107 hereof, such person must satisfy each of the following qualifications:

(1) Present evidence of training, knowledge and experience in the transporting, storing, handling and use of explosive materials.

(2) Be able to understand and give written and oral orders.

(3) Be knowledgeable of federal, state and local laws and regulations pertaining to explosive materials.

(4) Be able to pass a qualifying written or oral examination as required by the issuing authorities.

(5) Be physically and mentally fit for the work required.

(6) Such other requirements as the issuing authorities are hereby authorized to prescribed by regulations.

(e) Classes of license. — Blaster’s license shall be issued by the issuing authorities and shall include the following classes of licenses:
16 Del. C. § 7121 — Delaware Code / Title 16 / Chapter 71A / Section 7121
§ Â
        7121. Fire Prevention and Public Safety Fund.
Status: in_force

(a) The State Fire Marshal shall assess all civil penalties as outlined in this chapter.

(b) All civil penalties will be paid within 30 days of assessment.

(c) The moneys derived from the civil penalties will be split equally between the State Fire Marshal for enforcement of this section, and the Fire Detection Fund pursuant to § 6637 of this title.
16 Del. C. § 7415 — Delaware Code / Title 16 / Chapter 74 / Section 7415
§ Â
        7415. Impounding of materials.
Status: in_force

The Authority may, in the event of an emergency, order the impounding of sources of ionizing radiation, with the approval of the Nuclear Regulatory Commission when deemed necessary, in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules or regulations issued thereunder.
16 Del. C. § 6712A — Delaware Code / Title 16 / Chapter 67 / Section 6712A
§ Â
        6712A. Suspension of certificate by Commission pending hearing.
Status: in_force

(a) Upon the receipt by the Commission of a court document charging an ambulance attendant or EMT licensed by the Commission with a felony, the Commission shall issue an order temporarily suspending the certificate holder’s certificate, pending a final hearing on the complaint. An order of suspension under this section shall remain in effect for a period until such time as a determination of the case of said order.

(b) The certificate holder whose certificate has been temporarily suspended shall be notified forthwith in writing. Notification shall consist of a copy of the complaint and the order of suspension pending a hearing and shall be personally served upon the certificate holder or sent by certified mail, return receipt requested, to the certificate holder’s last known address.

(c) A certificate holder whose certificate has been suspended pursuant to this section may request an expedited hearing. The Commission shall schedule the hearing on an expedited basis provided that the Commission receives the certificate holder’s request for an expedited hearing within 15 calendar days from the date on which the certificate holder received notification of the Commission’s decision to temporarily suspend the certificate holder’s certificate.

(d) As soon as possible, but in no event later than 180 days after the issuance of the order of temporary suspension, the Commission shall convene for a hearing on the complaint. In the event that a certificate holder, in a timely manner, requests an expedited hearing, the Commission shall convene within 15 days of the receipt by the Commission of such a request and shall render a decision within 15 days.

(e) An order of suspension will remain in effect until such time as a determination of the case. Upon a final decision of the Commission, the order of suspension shall be vacated in favor of the disciplinary action ordered by the Commission.
16 Del. C. § 6650 — Delaware Code / Title 16 / Chapter 66 / Subchapter VII / Section 6650
§ Â
        6650. Board of directors.
Status: repealed

(a) An initial board of directors of the Delaware Burn Camp Corporation shall consist of the members of the Burn Camp Task Force, as established under Senate Concurrent Resolution 38 of the 144th General Assembly, and 1 Commissioner from the State Fire Prevention Commission. The terms of office of the initial board of directors shall expire on April 30, 2011.

(b), (c) [Repealed.]

(d) The chairperson of the board of directors shall be chosen by the members of the board of directors. The board of directors shall adopt bylaws and other procedures needed for the operation and management of the Delaware Burn Camp Corporation and the Burn Camp.

(e) The Delaware Burn Camp Corporation shall determine its own Board of Directors consisting of no less than 13 members, provided the members of the Board of Directors serving on October 26, 2022, shall continue to serve as directors until the end of their term or a vacancy is otherwise created.
16 Del. C. § 3002P — Delaware Code / Title 16 / Chapter 30P / Section 3002P
§ Â
        3002P. Requirements; effect.
Status: in_force

(a) Any public building that is a place of public accommodation that installs a diaper-changing station in a restroom must ensure the accommodation is equally available or provided regardless of the gender for which the restroom is designed.

(b) This section shall apply to:

(1) Restrooms constructed on or after January 1, 2023; or

(2) Restrooms existing on or before January 1, 2023, which undergo substantial renovation. “Substantial renovation” for purposes of this subsection means a construction or renovation project requiring a building permit with an estimated cost of $10,000 or more.

(c) This section shall not apply to:

(1) An industrial building or to a nightclub or bar that does not permit anyone who is under 18 years of age to enter the premises.

(2) Restrooms located in a health facility if the restroom is intended for the use of 1 patient or resident at a time.
16 Del. C. § 3001M — Delaware Code / Title 16 / Chapter 30M / Section 3001M
§ Â
        3001M. Purpose.
Status: in_force

The purpose of this chapter is to reduce risks to public health and welfare by banning the use of lead paints on outdoor structures in Delaware.
16 Del. C. § 911 — Delaware Code / Title 16 / Chapter 9 / Subchapter I / Section 911
§ Â
        911. Training and information.
Status: in_force

(a) The Department and the Child Protection Accountability Commission shall, on a continuing basis, undertake and maintain programs to inform all persons required to report abuse or neglect under § 903 of this title of the nature, problem and extent of abuse and neglect, and of the remedial and therapeutic services available to children and their families and to encourage self-reporting and the voluntary acceptance of such services.

(b) The Department and the Child Protection Accountability Commission shall conduct ongoing training programs to advance the purpose of this section.

(c) The Department and the Child Protection Accountability Commission shall continuously publicize the responsibility to report under § 903 of this title and the existence of the 24-hour statewide toll-free telephone number to receive reports of abuse or neglect.
16 Del. C. § 2710 — Delaware Code / Title 16 / Chapter 27 / Subchapter II / Section 2710
§ Â
        2710. Definitions.
Status: in_force

As used in this subchapter:

(1) “Adult” means an individual who is at least 18 years of age.

(2) “Advance health-care directive” means a directive under § 2507 or § 2508 of this title.

(3) “Agent” means an individual authorized to make health-care decisions on another’s behalf by a power of attorney or an individual expressly authorized to make an anatomical gift on another’s behalf by any other record signed by the individual giving the authorization.

(4) “Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation, therapy, research, or education.

(5) “Decedent” means a deceased individual and includes a stillborn infant or fetus.

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

(7) “Designated requestor” means a hospital employee completing a course offered by the OPO on how to approach potential donor families and request organ and tissue donation.

(8) “Document of gift” means a donor card or other record used to make, amend, or revoke an anatomical gift. The term includes a statement or symbol on a driver’s license or identification card or in a donor registry.

(9) “Donate Life Delaware Registry” means that subset of persons in the Department of Transportation’s driver’s license and photo identification card database or any expanded or successor database who have elected to include the donor designation on their record.

(10) “Donee” means a person authorized to receive an anatomical gift.

(11) “Donor” means an individual who makes a gift of all or part of the individual’s body.

(12) “Donor registry” means a database which contains records of anatomical gifts. The term includes the Donate Life Delaware Registry.

(13) “Eye bank” means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes.

(14) “Fund” means the Organ and Tissue Donor Awareness Trust Fund.

(15) “Hospital” means a hospital licensed, accredited or approved under the laws of any state and includes a hospital operated by the United States government, a state or a subdivision thereof, although not required to be licensed under state laws.

(16) “Know” means to have actual knowledge.

(17) “Medical examiner” means the Chief Medical Examiner, a Deputy Medical Examiner, an Assistant Medical Examiner, or their designee.

(18) “Minor” means an individual who is under 18 years of age.

(19) “OPO” means the federally certified organ procurement organization for the State.

(20) “Part” includes organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body, and “part” includes “parts.”

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

(22) “Person authorized or obligated to dispose of a decedent’s body” means any of the following without regard to order or priority:

a. A medical examiner having jurisdiction over the decedent’s body.

b. A warden or director of a correctional facility where the decedent was incarcerated.

c. An individual who is otherwise authorized or obligated to dispose of a decedent’s body.

d. An official of an entity that is otherwise authorized or obligated to dispose of a decedent’s body.

(23) “Physician” or “surgeon” means a physician or surgeon licensed or authorized to practice under the laws of any state.

(24) “Prospective donor” means a person who is dead or whose death is imminent and has been determined by the OPO to have a part that could be medically suitable for transplantation, therapy, research, or education.

(25) “Reasonably available” means able to be contacted by the OPO, eye bank or tissue bank through the exercise of reasonable due diligence and willing and able to act in a timely manner consistent with existing medical criteria necessary to make an anatomical gift.

(26) “Recipient” means an individual into whose body a decedent’s part has been or is intended to be transplanted.

(27) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(28) “Recovery specialist” means a medical professional licensed by this or another state or technician trained in accordance with federal standards pursuant to 42 U.S.C. § 274(b) and nationally accredited standards for human body part removal.

(29) “State” includes a state, district, commonwealth, territory, insular possession and any other area subject to the legislative authority of the United States of America.

(30) “Tissue bank” means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.
16 Del. C. § 4754 — Delaware Code / Title 16 / Chapter 47 / Subchapter IV / Section 4754
§ Â
        4754. Drug dealing; class D felony.
Status: in_force

(a) Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with the intent to manufacture or deliver a controlled substance.

(b) Violation of subsection (a) of this section is a class D felony.
16 Del. C. § 526 — Delaware Code / Title 16 / Chapter 5 / Subchapter II / Section 526
§ Â
        526. Conditions under which orders can be issued by Director [Effective until July 17, 2028].
Status: in_force

(a) No person may be ordered to undergo outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the general public in the home, except upon the order of the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, following a hearing where it is proven by clear and convincing evidence:

(1) That there is a danger to the health of the person or that the public health and welfare are substantially endangered by the person;

(2) That the person has been counseled about tuberculosis, the significant threat tuberculosis poses to the public and methods to minimize the risk to the public, and, despite said counseling, indicates an intent by words or action to endanger oneself and/or expose the public to infection from tuberculosis; and

(3) That all other reasonable means of achieving voluntary compliance with the treatment have been exhausted and no less restrictive alternative exists.

(b) The hearing required under subsection (a) of this section shall provide the person with the rights to present evidence, to cross-examine witnesses and to be represented by legal counsel. If the person is unable to employ counsel, the Division shall petition the Superior Court to forthwith appoint legal counsel for representation in proceedings authorized by this subchapter. Further, the person shall be given at least 5 working days prior written notification of the time and place of hearing, a copy of documentary evidence to be presented, a list of the proposed actions to be taken and the reasons for each said action; and shall be given a verbatim transcript of the hearing on request for appeal purposes.

(c) The Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall order isolation in an alternative facility, if in that person’s judgment isolation in the person’s usual residence is inappropriate because of the possible infection of other persons living in or around that residence.

(d) The Division, as appropriate, shall consult with legal counsel, designated transport personnel and peace officers concerning any necessary infection control procedures to be taken during any interviews, hearings, transports or detention.

(e) An order requiring outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the public in the home shall be maintained until, in the opinion of the attending physician or the County Public Health Administrator, the person is cured or said person is no longer a substantial threat to oneself or to the public health. Once the County Public Health Administrator finds the person no longer needs treatment, the County Public Health Administrator will petition the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, to dismiss the order. Once the matter is dismissed, said order cannot be reinstated unless the person is afforded all of the rights conferred in subsection (a) of this section.

(f) Any person who undergoes outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the public in the home, or confinement, as a result of an order entered under this subchapter, may at any time petition the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, for immediate release and termination of the order.(a) No person may be ordered to undergo outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the general public in the home, except upon the order of the Director following a hearing where it is proven by clear and convincing evidence:

(1) That there is a danger to the health of the person or that the public health and welfare are substantially endangered by the person;

(2) That the person has been counseled about tuberculosis, the significant threat tuberculosis poses to the public and methods to minimize the risk to the public, and, despite said counseling, indicates an intent by words or action to endanger oneself and/or expose the public to infection from tuberculosis; and

(3) That all other reasonable means of achieving voluntary compliance with the treatment have been exhausted and no less restrictive alternative exists.

(b) The hearing required under subsection (a) of this section shall provide the person with the rights to present evidence, to cross-examine witnesses and to be represented by legal counsel. If the person is unable to employ counsel, the Division shall petition the Superior Court to forthwith appoint legal counsel for representation in proceedings authorized by this subchapter. Further, the person shall be given at least 5 working days prior written notification of the time and place of hearing, a copy of documentary evidence to be presented, a list of the proposed actions to be taken and the reasons for each said action; and shall be given a verbatim transcript of the hearing on request for appeal purposes.

(c) The Director shall order isolation in an alternative facility, if in the Director’s judgment isolation in the person’s usual residence is inappropriate because of the possible infection of other persons living in or around that residence.

(d) The Division, as appropriate, shall consult with legal counsel, designated transport personnel and peace officers concerning any necessary infection control procedures to be taken during any interviews, hearings, transports or detention.

(e) An order requiring outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the public in the home shall be maintained until, in the opinion of the attending physician or the County Public Health Administrator, the person is cured or said person is no longer a substantial threat to oneself or to the public health. Once the County Public Health Administrator finds the person no longer needs treatment, the County Public Health Administrator will petition the Director to dismiss the order. Once the matter is dismissed, said order cannot be reinstated unless the person is afforded all of the rights conferred in subsection (a) of this section.

(f) Any person who undergoes outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the public in the home, or confinement, as a result of an order entered under this subchapter, may at any time petition the Director for immediate release and termination of the order.

(g) Any person petitioning the Director for immediate release and termination of the order entered under the authority of this subchapter shall show that the person is entitled to relief from the original order, or that:

(1) The person no longer poses an imminent and substantial threat to oneself or the public’s health and welfare; and

(2) The person will voluntarily continue with prescribed medications and treatment, if medically necessary, to reduce the risk of infection to the public.olation from the public in the home, or confinement, as a result of an order entered under this subchapter, may at any time petition the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, for immediate release and termination of the order.

(g) Any person petitioning the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, for immediate release and termination of the order entered under the authority of this subchapter shall show that the person is entitled to relief from the original order, or that:

(1) The person no longer poses an imminent and substantial threat to oneself or the public’s health and welfare; and

(2) The person will voluntarily continue with prescribed medications and treatment, if medically necessary, to reduce the risk of infection to the public.

(h) When considering a petition for imminent and substantial threat and prior to making any said release, the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall consult the County Public Health Administrator and the patient’s physician, if any, concerning the patient’s medical condition and other related factors that may affect the present and future danger to the patient or the public that may be caused by the release of the patient.

(i) Upon granting a petition for immediate release, the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall advise the County Public Health Administrator and other persons as may be appropriate about those conditions they believe reasonably necessary to protect the patient or public from tuberculosis infection and disease.

(j) The Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall, for a period not exceeding 3 months, review the patient’s medical status provided by written report of the health care provider and determine whether a further hearing should be held for additional involuntary treatment within 14 working days of receipt of a written report of the medical status, and all rights pursuant to § 526(b) of this title will apply.

(k) No peace officer, public health employee or medical doctor shall be subject to civil damages or criminal penalties for any harm resulting from that person’s functions under this section unless such harm was intentional or the result of wilful and wanton misconduct on the person’s part.ered under the authority of this subchapter shall show that the person is entitled to relief from the original order, or that:

(1) The person no longer poses an imminent and substantial threat to oneself or the public’s health and welfare; and

(2) The person will voluntarily continue with prescribed medications and treatment, if medically necessary, to reduce the risk of infection to the public.

(h) When considering a petition for imminent and substantial threat and prior to making any said release, the Director shall consult the County Public Health Administrator and the patient’s physician, if any, concerning the patient’s medical condition and other related factors that may affect the present and future danger to the patient or the public that may be caused by the release of the patient.

(i) Upon granting a petition for immediate release, the Director shall advise the County Public Health Administrator and other persons as may be appropriate about those conditions the Director believes reasonably necessary to protect the patient or public from tuberculosis infection and disease.

(j) The Director shall, for a period not exceeding 3 months, review the patient’s medical status provided to the Directorby written report of the health care provider and determine whether a further hearing should be held for additional involuntary treatment within 14 working days of receipt of a written report of the medical status, and all rights pursuant to § 526(b) of this title will apply.

(k) No peace officer, public health employee or medical doctor shall be subject to civil damages or criminal penalties for any harm resulting from that person’s functions under this section unless such harm was intentional or the result of wilful and wanton misconduct on the person’s part.
16 Del. C. § 7933 — Delaware Code / Title 16 / Chapter 79 / Section 7933
§ Â
        7933. Public accommodations.
Status: in_force

In any place of public entertainment required by a state, county or municipal law, rule or regulation to have a public restroom, water closets and urinals shall be provided in accordance with the minimum number of plumbing facilities required under the 1993 National Plumbing Code promulgated by the Building Officials and Code Administrators International, Inc. (BOCA), Table P-1204.1, Building Use Groups A-1, A-2, A-3 and A-5.
16 Del. C. § 98A-110 — Delaware Code / Title 16 / Chapter 98A / Section 98A-110
§ Â
        98A-110. Establishment of the Interstate Commission for EMS Personnel Practice.
Status: in_force

A. The Compact states hereby create and establish a joint public agency known as the Interstate Commission for EMS Personnel Practice.

1. The Commission is a body politic and an instrumentality of the Compact states.

2. Venue is proper, and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

3. Nothing in this Compact waives sovereign immunity.

B. Membership, voting, and meetings. — 1. Each member state shall have and be limited to 1 delegate. The responsible official of the state EMS authority or the official’s designee shall be the delegate to this Compact for each member state. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the member state in which the vacancy exists. If more than 1 board, office, or other agency with the legislative mandate to license EMS personnel at and above the level of EMT exists, the governor of the state will determine which entity will be responsible for assigning the delegate.

2. Each delegate shall be entitled to 1 vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.

3. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

4. All meetings are open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in § 98A-112 of this title.

5. The Commission may convene in a closed, nonpublic meeting if the Commission must discuss any of the following:

a. Noncompliance of a member state with its obligations under the Compact.

b. The employment, compensation, discipline, or other personnel matters, practices, or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures.

c. Current, threatened, or reasonably anticipated litigation.

d. Negotiation of contracts for the purchase or sale of goods, services, or real estate.

e. An accusation of a crime against any person or formally censuring any person.

f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential.

g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

h. Disclosure of investigatory records compiled for law-enforcement purposes.

i. Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with investigating or determining compliance issues pursuant to the Compact.

j. Matters specifically exempted from disclosure by federal or member state statute.

6. If a meeting, or portion of a meeting, is closed pursuant to this section, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a closed meeting and shall provide a full and accurate summary of actions taken, and the reasons for the actions, including a description of the views expressed. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

C. The Commission shall, by a majority vote of the delegates, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the Compact, including any of the following:

1. Establishing the fiscal year of the Commission.

2. Providing reasonable standards and procedures as follows.

a. For the establishment and meetings of other committees.

b. Governing any general or specific delegation of any authority or function of the Commission.

3. Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of Commission meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the Commission members vote to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting, revealing the vote of each member with no proxy votes allowed.

4. Establishing the titles, duties, and authority, and reasonable procedures for the election of the officers of the Commission.

5. Providing reasonable standards and procedures for establishing the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any member state, the bylaws exclusively govern the personnel policies and programs of the Commission.

6. Promulgating a code of ethics to address permissible and prohibited activities of Commission members and employees.

7. Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact and after the paying or reserving of all of its debts and obligations.

8. The Commission shall publish its bylaws and file a copy of its bylaws, and any amendments to the bylaws, with the appropriate agency or officer in each of the member states, if any.

9. The Commission shall maintain its financial records in accordance with the bylaws.

10. The Commission shall meet and take actions consistent with this Compact and Commission bylaws.

D. The Commission shall have the following powers:

1. To promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states.

2. To bring and prosecute legal proceedings or actions in the name of the Commission; provided, that the standing of any state EMS authority or other regulatory body responsible for EMS personnel licensure to sue or be sued under applicable law shall not be affected.

3. To purchase and maintain insurance and bonds.

4. To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.

5. To hire employees, elect or appoint officers, fix compensation, define duties, grant those individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

6. To accept any appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the donations and grants; provided, that at all times the Commission shall strive to avoid any appearance of impropriety or conflict of interest.

7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use any real, personal, or mixed property; provided, that at all times the Commission shall strive to avoid any appearance of impropriety.

8. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any real, personal, or mixed property.

9. To establish a budget and make expenditures.

10. To borrow money.

11. To appoint committees, including advisory committees, comprised of members, state regulators, state legislators or their representatives, consumer representatives, and other interested persons as may be designated in this Compact and the bylaws.

12. To provide and receive information from, and to cooperate with, law-enforcement agencies.

13. To adopt and use an official seal.

14. To perform other functions as may be necessary or appropriate to achieve the purposes of this Compact that are consistent with the state regulation of EMS personnel licensure and practice.

E. Financing of the Commission. — 1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

2. The Commission may accept any appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

3. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.

4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.

5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the Commission’s annual report.

F. Qualified immunity, defense, and indemnification. — 1. The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties, or responsibilities; provided, that nothing in this paragraph F.1. of this section protects any person from suit or liability for any damage, loss, injury, or liability caused by the intentional or wilful or wanton misconduct of that person.

2. The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, unless the actual or alleged act, error, or omission resulted from that person’s intentional or wilful or wanton misconduct.

3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, unless the actual or alleged act, error, or omission resulted from the intentional or wilful or wanton misconduct of that person.
16 Del. C. § 3001A — Delaware Code / Title 16 / Chapter 30A / Subchapter I / Section 3001A
§ Â
        3001A. Definitions.
Status: in_force

As used in this subchapter:

(1) “Certified nursing assistant” means a duly-certified individual under the supervision of a licensed nurse, who provides care that does not require the judgment and skills of a licensed nurse. The care may include, but is not limited to, the following: bathing, dressing, grooming, toileting, ambulating, transferring and feeding, observing and reporting the general well-being of the person or persons to whom they are providing care.

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

(3) “Nursing assistant” means an individual who has completed the requisite training to become a certified nursing assistant but is awaiting certification.

(4) “Senior certified nursing assistant” means a certified nursing assistant who has met the requirements of § 3005A of this title.
16 Del. C. § 717 — Delaware Code / Title 16 / Chapter 7 / Subchapter II / Section 717
§ Â
        717. Confidentiality.
Status: in_force

(a) No person may disclose or be compelled to disclose the identity of any person upon whom an HIV-related test is performed, or the results of such test in a manner which permits identification of the subject of the test, except to the following person:

(1) The subject of the test or the subject’s legal guardian.

(2) Any person who secures a legally effective release of test results executed by the subject of the test or the subject’s legal guardian.

(3) An authorized agent or employee of a health facility or health-care provider if the health facility or health-care provider itself is authorized to obtain the test results, the agent or employee provides patient care or handles or processes specimens of body fluids or tissues, and the agent or employee has a medical need to know such information to provide health-care to the patient.

(4) Health-care providers providing medical care to the subject of the test, when knowledge of the test results is necessary to provide appropriate emergency care or treatment.

(5) When part of an official report to the Division as may be required by law or regulation.

(6) A health facility or health-care provider which procures, processes, distributes or uses:

a. Blood;

b. A human body part from a deceased person donated for a purpose specified under the Uniform Anatomical Gift Act [Chapter 27 of this title]; or

c. Semen provided prior to July 11, 1988, for the purpose of artificial insemination.

(7) Health facility staff committees or accreditation or oversight review organizations which are conducting program monitoring, program evaluation or service reviews, including the Maternal and Child Death Review Commission conducting reviews pursuant to Title 31.

(8) Pursuant to Chapter 9 of this title as it relates to investigation of child abuse.

(9) Pursuant to subchapter I of this chapter as it relates to sexually transmitted diseases and their control.

(10) A person allowed access to said record by a court order which is issued in compliance with § 715(d)(6) of this title. Upon the issuance of an order to disclose test results, the court shall impose appropriate safeguards against unauthorized disclosure, which shall specify the persons who may have access to the information, the purposes for which the information shall be used and appropriate prohibitions on future disclosures.

(11) Pursuant to Chapter 12A of this title as it relates to notification of emergency medical care providers.

(b) No person to whom the results of an HIV-related test have been disclosed pursuant to subsection (a) of this section shall disclose the test results to another person except as authorized by subsection (a) of this section.

(c) The provisions in this section shall not interfere with the transmission of information as may be necessary to obtain third-party payment for medical care related to HIV infection or with the documentation of cause of death on death certificates.
16 Del. C. § 9706 — Delaware Code / Title 16 / Chapter 97 / Section 9706
§ Â
        9706. Office of Emergency Medical Services â Additional functions.
Status: repealed

(a) In order to monitor and evaluate the effectiveness of the EMS system, the Office must be notified of any proposed new service or major service modification within the emergency medical services system in Delaware.

(b) Copies of applications for federal, state and county emergency medical service grant funds shall be sent to the Office.

(c) All proposed legislation pertaining to the EMS system in Delaware shall be reviewed by DEMSOC with recommendations from the Office.

(d) The Office shall, with the consent of the Director of the Division of Public Health, be authorized to make news releases pertaining to the emergency medical services system as required in order to inform the public on issues pertinent to the health and well being of the citizens of Delaware.

(e) The Office shall be required to provide routine progress reports identifying the accomplishments and the problem areas within the system to DEMSOC at its regularly scheduled meetings. In addition, an annual summary report shall be sent to the Chairperson of DEMSOC through the Division Director by August 15 of each year.

(f) The Office is authorized and empowered to apply for, accept and disburse grants, gifts and contributions from the government, individuals, foundations, corporations and other organizations, agencies or institutions on behalf of the EMS system in Delaware.

(g) The Director of Public Health shall, except for those activities and responsibilities for basic life support, which is under the jurisdiction of the State Fire Prevention Commission:

(1) Use the Trauma System Committee recommendations as the basis for establishing a plan for the implementation and maintenance of Delaware’s Inclusive Statewide Trauma Care System. The State Trauma System Plan shall address each component of trauma care as outlined in national references such as Model Trauma Care System Plan, HRSA-BHRD, September 1990 and subsequent revisions. These include, but are not limited to:

a. Prehospital care. — Standardized and statewide policies, procedure and protocols to be used by all emergency medical service providers and licensed personnel for the identification, treatment and transport of trauma patients.

b. Prevention. — Efforts to decrease the numbers and severity of injuries, resulting in decreased demand for care.

c. Hospital care. — Standards and criteria for hospital personnel, equipment and designation that identify the necessary resources that hospitals must have in order to be recognized within Delaware’s Inclusive Statewide Trauma Care System as a specified category trauma facility. These standards and criteria shall be consistent with those identified in national trauma system references, such as the American College of Surgeons’ Resources for Optimal Care of the Injured Patient: 1993 and subsequent revisions. All expenses associated with utilizing a nationally recognized accreditation team to verify a hospital’s compliance with hospital designation criteria will be the responsibility of the hospital being surveyed.

d. Rehabilitative care. — Standards for the follow-up care for persons with disabilities resulting from injuries.

e. Trauma continuing education. — The on-going trauma related education for trauma care system personnel/providers to maintain knowledge and skills.

f. Trauma care system evaluation. — Monitor policies and procedures regarding the effectiveness/impact of trauma care systems.

(2) The Director of Public Health shall have the authority to promulgate rules for the management of all components of Delaware’s Inclusive Statewide Trauma Care System, and shall seek input and review from the Trauma System Committee.

(3) Maintain a program of trauma care system evaluation, including a trauma data collection and registry system and a mechanism for evaluating and monitoring system performance throughout the continuum of trauma care.

(h) The Director of Public Health shall have the authority to promulgate rules for EMS provider recognition and compliance with an advance health-care directive that has become effective pursuant to § 2518(a) of this title, or Delaware Medical Orders for Scope of Treatment and those from other states that have become effective pursuant to Chapter 25A of this title, and shall seek input and review from the Board of Medical Licensure and Discipline, the Delaware EMS Oversight Council and the Delaware State Fire Prevention Commission. For purposes of this subsection, “EMS provider” shall mean providers certified by the Delaware State Fire Commission or the Board of Medical Licensure and Discipline. EMS providers acting in accordance with the regulations promulgated hereunder shall be immune from criminal or civil liability pursuant to §§ 2523 and 2524(d) of this title.

(1), (2) [Repealed.]

(i) The Director of Public Health shall, except for those activities and responsibilities for basic life support, which is under the jurisdiction of the State Fire Prevention Commission:

(1) Use the Stroke System Committee recommendations as the basis for establishing a plan for the implementation and maintenance of Delaware’s inclusive statewide stroke care system.

(2) The State Stroke System Plan shall address each component of stroke care as outlined in national references. These include, but are not limited to:

a. Prehospital care. — Standardized and statewide policies, procedure and protocols to be used by all emergency medical service providers and licensed personnel for the identification, treatment and transport of stroke patients.

b. Prevention. — Efforts to decrease the numbers and severity of strokes resulting in decreased demand for care.

c. Hospital care. — Standards and criteria for hospital personnel, equipment and designation that identify the necessary resources that hospitals must have in order to be recognized within Delaware’s inclusive statewide stroke care system as a specified category stroke facility. These standards and criteria shall be consistent with those identified in national stroke system references produced by national accreditation and certification organizations. All expenses associated with utilizing a nationally recognized accreditation team to verify a hospital’s compliance with hospital designation criteria will be the responsibility of the hospital being surveyed.

d. Rehabilitative care. — Standards for the follow-up care for persons with disabilities resulting from injuries.

e. Stroke continuing education. — The ongoing stroke-related education for stroke care system personnel/providers to maintain knowledge and skills.

f. Stroke care system evaluation. — Monitor policies and procedures regarding the effectiveness/impact of stroke care systems.

(3) Have the authority to promulgate rules for the management of all components of Delaware’s inclusive statewide stroke care system, and shall seek input and review from the Stroke System Committee.

(4) Maintain a program of stroke care system evaluation, including a stroke data collection and registry system and a mechanism for evaluating and monitoring system performance throughout the continuum of stroke care.

(j) The Director of the Division of Public Health shall have the authority to promulgate rules, in consultation with the Delaware Emergency Medical Services Advisory Council and the Director of the Division of Professional Regulation, to combine emergency medical services data and emergency department data about nonfatal overdoses with data from the Prescription Monitoring Program database.
16 Del. C. § 1202A — Delaware Code / Title 16 / Chapter 12A / Section 1202A
§ Â
        1202A. Report of exposed emergency medical provider.
Status: in_force

(a) An emergency medical care provider may request notification concerning exposure to a communicable disease under this section if the exposure is of a manner known to transmit a communicable disease.

(b) Each employer of an emergency medical care provider, and every organization which supervises volunteer emergency medical care providers, shall designate an officer who shall receive requests for notification from emergency medical care providers; collect facts relating to the circumstances under which the emergency medical provider may have been exposed to a communicable disease; distribute the forms as specified by subsection (c) of this section to receiving medical facilities; report to the emergency medical care provider findings provided by the receiving medical facility; and assist the emergency care provider to take medically appropriate action when necessary. The designated officer shall delegate these duties as may be necessary to ensure compliance with this chapter.

(c) If an emergency medical care provider desires to be notified under this chapter, the officer designated pursuant to subsection (b) of this section shall notify the receiving medical facility within 24 hours after the patient is admitted to or treated by the facility, utilizing a form that is prescribed or approved by the Division of Public Health.
16 Del. C. § 906B — Delaware Code / Title 16 / Chapter 9B / Section 906B
§ Â
        906B. Data and reports.
Status: in_force

(a) The Division shall document all of the following information in its internal information system for all notifications of infants with prenatal substance exposure under this chapter:

(1) The number of infants identified as being affected by substance abuse, withdrawal symptoms, or fetal alcohol spectrum disorder.

(2) The number of infants for whom a Plan of Safe Care was developed, implemented and monitored.

(3) The number of infants for whom referrals were made for appropriate services, including services for the affected family or caregiver.

(4) The implementation of such Plans to determine whether and in what manner local entities are providing, in accordance with state requirements, referrals to and delivery of appropriate services for the infant and affected family or caregiver.

(b) The Department of Health and Social Services, the Investigation Coordinator and health-care providers shall assist the Division in complying with this section.

(c) In addition to any required federal reporting requirements, the Division, with assistance from the Department of Health and Social Services and the Investigation Coordinator, shall provide an annual report to the Child Protection Accountability Commission and Maternal and Child Death Review Commission summarizing the aggregate data gathered on infants with prenatal substance exposure.

(d) To protect the privacy of the affected family or caregivers, including the infant named in a report, this chapter is subject to the privacy and confidentiality provisions in §§  906 and 909 of this title.
16 Del. C. § 4914A — Delaware Code / Title 16 / Chapter 49A / Section 4914A
§ Â
        4914A. Registration of compassion centers.
Status: in_force

(a) Compassion centers may only operate if they have been issued a valid registration certificate from the Commissioner. When applying for a compassion center registration certificate, the applicant shall submit the following in accordance with Commissioner regulations:

(1) An application fee in an amount determined by the Commissioner’s regulations.

(2) The proposed legal name of the compassion center.

(3) The proposed physical address of the compassion center and the proposed physical address of any additional locations, if any, where marijuana will be cultivated, harvested, packaged, labeled, or otherwise prepared for distribution by the compassion center.

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

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

(6) Proposed operating bylaws that include procedures for the oversight of the compassion center and procedures to ensure accurate record keeping and security measures that are in accordance with the regulations issued by the Commissioner pursuant to this chapter. The by-laws shall include a description of the enclosed, locked facility where medical marijuana will be grown, cultivated, harvested, packaged, labeled, or otherwise prepared for distribution by the compassion center.

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

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

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

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

(1) Documentation of not-for-profit status, consistent with § 4919A(a) of this title.

(2) The suitability of the proposed location or locations, including but not limited to compliance with any local zoning laws and the geographic convenience to patients from throughout the State of Delaware to compassion centers if the applicant were approved.

(3) The principal officer and board members’ character and relevant experience, including any training or professional licensing related to medicine, pharmaceuticals, natural treatments, botany, or marijuana cultivation and preparation and their experience running businesses or not-for-profits.

(4) The proposed compassion center’s plan for operations and services, including its staffing and training plans, whether it has sufficient capital to operate, and its ability to provide an adequate supply of medical marijuana to the registered patients in the State.

(5) The sufficiency of the applicant’s plans for record keeping.

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

(7) The applicant’s plan for making medical marijuana available on an affordable basis to registered qualifying patients enrolled in Medicaid or receiving Supplemental Security Income or Social Security Disability Insurance.

(8) The applicant’s plan for safe and accurate packaging and labeling of medical marijuana, including the applicant’s plan for ensuring that all medical marijuana is free of contaminants.

(c) No later than July 1, 2012, the Commissioner shall issue a request for applications for compassion center registration certificates. The Commissioner shall issue a compassion center registration certificate to the highest scoring applicant in each county by January 1, 2013. If there are only applicants from 1 or 2 counties, no later than January 1, 2013, the Commissioner shall issue a compassion center registration certificate to the highest scoring applicant in each county with an applicant. If the revenue received from the fees generated by this chapter and donations covers the cost of implementing the program established by this chapter, certificates will be awarded.

(d) By January 1, 2014, the Commissioner shall issue additional registration certifications to at least 3 of the highest scoring applicants not already awarded a registration certificate, provided a sufficient number of qualified additional applicants have applied. If the Commissioner determines, after reviewing the report issued pursuant to § 4922A of this title, that additional compassion centers are needed to meet the needs of registered qualifying patients throughout the State, the Commissioner shall issue registration certificates to the corresponding number of applicants who score the highest.

(e) (1) At any time after July 1, 2013, that the number of outstanding and valid registered compassion center certificates is lower than the number of registration certificates the Commissioner is required to issue pursuant to subsection (d) of this section, the Commissioner shall accept applications for compassion centers and issue registration certificates to the corresponding number of additional applicants who score the highest while ensuring at least 1 compassion center is registered in each county.

(2) Notwithstanding subsections (c), (d), and paragraph (e)(1) of this section, an application for a compassion center registration certificate must be denied if any of the following conditions are met:

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

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

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

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

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

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

(f) Before a compassion center is approved, it shall submit a registration fee to the Commissioner in the amount determined by the Commissioner’s regulations and, if a physical address had not been finalized when it applied, it shall submit a complete listing of all its physical addresses.

(g) When issuing a compassion center registration certificate, the Commissioner shall also issue a renewable registration certificate with an identification number.
16 Del. C. § 9404A — Delaware Code / Title 16 / Chapter 94A / Section 9404A
§ Â
        9404A. Presumption of capability.
Status: in_force

(a) All adults are presumed to be capable of managing their affairs and to have capacity unless otherwise determined by the Court of Chancery.

(b) The manner in which an adult communicates with others is not grounds for deciding that the adult is incapable of managing the adult’s affairs.

(c) Execution of a supported decision-making agreement may not be used as evidence of incapacity and does not preclude the ability of the adult who has entered into such an agreement to act independently of the agreement.
16 Del. C. § 3001O — Delaware Code / Title 16 / Chapter 30O / Section 3001O
§ Â
        3001O. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Contraceptives” means contraceptive medications approved by the Food and Drug Administration.

(2) “Health-care practitioner” means an individual licensed and authorized to write medical orders for an individual under Title 24.

(3) “Pharmacist” means an individual licensed under Chapter 25 of Title 24.
16 Del. C. § 1418 — Delaware Code / Title 16 / Chapter 14 / Section 1418
§ Â
        1418. Accreditation of bonds for investment purposes.
Status: in_force

Bonds issued under this chapter are made securities in which all public officers and public agencies of the State and its political subdivisions, and all bonds, trust companies, savings and loan associations, investment companies and others carrying on a banking business, all insurance companies and insurance associations and others carrying on an insurance business, all administrators, executors, guardians, trustees and other fiduciaries and other persons may legally and properly invest funds, including capital in their control or belonging to them. Such bonds are made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds or other obligations of the State is now or may hereafter be authorized by law.
16 Del. C. § 10202 — Delaware Code / Title 16 / Chapter 102 / Section 10202
§ Â
        10202. Definitions.
Status: in_force

As used in this chapter:

(1) “Board” means the 211 Advisory Board.

(2) “Director” means the Director of the Office of Management and Budget.

(3) “Office” means the Office of Management and Budget.
16 Del. C. § 8801 — Delaware Code / Title 16 / Chapter 88 / Section 8801
§ Â
        8801. Legislative findings; purpose.
Status: in_force

The General Assembly finds and declares that:

(1) Education plays a vital role in the economic development of the nation and the State by providing the education and training of the work force of the future;

(2) The safety of students housed in dormitories at boarding schools and at institutions of higher education is a vital concern, as these students represent our State’s and our country’s future;

(3) Automatic fire suppression systems installed in buildings within the State have been a very effective method of preventing injury, death and widespread property damaged; and

(4) It shall be deemed to be in the public interest and to have a public purpose to construct, reconstruct or renovate, develop and/or improve dormitory safety facilities, including fire prevention, smoke and fire alarms, and sprinkler systems.
16 Del. C. § 2218 — Delaware Code / Title 16 / Chapter 22 / Section 2218
§ Â
        2218. Enlargement of time.
Status: in_force

Notwithstanding the above provisions of this chapter, except for the time to appeal, the court may enlarge the time for performance for a reasonable period upon a showing of good cause.
16 Del. C. § 153 — Delaware Code / Title 16 / Chapter 1 / Subchapter IV / Section 153
§ Â
        153. County clinics.
Status: in_force

The Secretary of the Department of Health and Social Services shall establish throughout the State, at least 1 clinic in each county for the diagnosis and treatment of tuberculosis and other chronic pulmonary diseases, such as fungus disease, sarcoidosis, bronchiectasis and bronchial asthma and for the purpose of maintaining such clinics shall employ such qualified persons as may be necessary to take charge thereof and pay them such reasonable compensation as may be necessary.
16 Del. C. § 810A — Delaware Code / Title 16 / Chapter 8A / Section 810A
§ Â
        810A. Confidentiality.
Status: in_force

The Division of Public Health and all other persons to whom data is submitted in accordance with this chapter shall keep such information confidential. No publication or disclosure of information shall be made except in the form of statistical or other studies which do not identify individuals, except as specifically consented to in writing the by the parent or parents of a tested child.
16 Del. C. § 9405 — Delaware Code / Title 16 / Chapter 94 / Section 9405
§ Â
        9405. Attendant screening.
Status: in_force

(a) The Department shall safeguard participants through establishment of an attendant screening system which includes, but is not limited to, the following features:

(1) Standardized application comprehensively addressing each prospective attendant’s background.

(2) Criminal background check at state expense.

(3) Check of sex offender registry and abuse, neglect, mistreatment and financial exploitation registries, including those authorized by Chapters 9 and 11 of this title and Chapters 41 and 85 of Title 11.

(b) To effectively implement the attendant screening system, the Department is vested with the following powers, duties and authority:

(1) The Department shall require any person seeking to provide attendant services under this chapter to share any and all information, including fingerprints, necessary to obtain a report of the person’s Delaware criminal history record from the State Bureau of Identification and a report of the person’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 [28 U.S.C. § 534]. The State Bureau of Identification shall be the intermediary for acquisition of the federal criminal history record.

(2) Notwithstanding any requirements of Chapter 85 of Title 11 to the contrary, the State Bureau of Identification shall furnish information pertaining to the entire Delaware and federal criminal history record of any person seeking to provide attendant services under this chapter. Such information shall be provided to the Department of Health and Social Services pursuant to the procedures established by the Superintendent of the State Police.

(3) Notwithstanding any contrary provision of Chapter 9 of this title, the Department is authorized to obtain child abuse and neglect registry information from the Department of Services for Children, Youth and Their Families pertaining to any person seeking to provide attendant services under this chapter.

(4) Notwithstanding any contrary provision of Chapter 11 of this title or Chapter 85 of Title 11, the Department is authorized to obtain adult abuse registry information from the Division of Health Care Quality pertaining to any person seeking to provide attendant services under this chapter.

(5) Notwithstanding any contrary provision of Chapter 11 of this title, the Department is authorized to obtain nurse aide registry information from the Division of Health Care Quality pertaining to any person seeking to provide attendant services under this chapter.

(6) Notwithstanding any contrary provision of Chapter 41 of Title 11, the Department is authorized to obtain sex offender registry information from the Superintendent of the Delaware State Police or DELJIS pertaining to any person seeking to provide attendant services under this chapter.

(7) Notwithstanding any other provision of law, the Department shall adopt the sole criteria through its regulations which shall disqualify a person from providing attendant services under this chapter. To the extent not otherwise prohibited by law, the Department shall provide a program participant with a summary report of a prospective attendant’s screening results prior to employment.

(8) The Department may adopt criteria through regulations authorizing exemption from this section for persons for whom a qualifying screening was conducted within the previous 5 years.

(c) Any person who either fails to make a full and complete disclosure on an application or a full and complete disclosure of any information required to obtain a registry or criminal background check as required in this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
16 Del. C. § 3050F — Delaware Code / Title 16 / Chapter 30F / Subchapter IV / Section 3050F
§ Â
        3050F. Dogs deemed personal property; theft; penalty.
Status: in_force

(a) All dogs shall be deemed personal property and may be the subject of theft pursuant to Chapter 5 of Title 11. Any warrant of arrest or other process issued under or by virtue of the several laws in relation to the theft of such property may be directed to and executed by any police officer, constable, or animal welfare officer.

(b) The presence of any dog, regardless of age, not confined on the premises of a person other than the lawful owner of such dog shall raise no presumption of theft against the owner or tenant of such premises.

(c) No person may confine any dog which is not that person’s own lawful property without contacting the Department within 24 hours of confining such dog and providing the Department with a complete description of the dog, the exact location of the premises on which such dog is to be detained, and the name of the owner or tenant of such property.
16 Del. C. § 6664 — Delaware Code / Title 16 / Chapter 66A / Section 6664
§ Â
        6664. Payment of benefits.
Status: in_force

Benefits shall be due and payable under this chapter only to the extent provided in this chapter, and neither the State nor the Volunteer Firemen’s Pension Fund shall be liable for any amount in excess of such sums.
16 Del. C. § 3122 — Delaware Code / Title 16 / Chapter 31 / Subchapter II / Section 3122
§ Â
        3122. Infants of unknown parentage; foundling registration.
Status: in_force

(a) When the State assumes the custody of a live born infant of unknown parentage, an officer of the Department of Services for Children, Youth and Their Families shall report on a form and in a manner prescribed by the State Registrar within 5 days to the Office of Vital Statistics the following information:

(1) The date and place of finding;

(2) Sex, race and approximate age of child;

(3) Name and address of the person or institution with whom the child has been placed for care;

(4) Name given to the child by the custodian of the child;

(5) Other data required by the State Registrar.

(b) The place where the child was found shall be known as the place of birth and the date of birth shall be determined by approximation.

(c) The report shall constitute the certificate of birth.

(d) If the child is identified and a regular certificate of birth is found or obtained, the report shall be sealed and filed in the Office of Vital Statistics and may be opened only by court order.