reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30B. Prescription Drug Payment Assistance Program › § 3004B. Eligibility.

§ 3004B. Eligibility.
To be eligible for the Program an individual must meet all of the following:
(1) Be a U.S. citizen or a lawfully admitted alien.
(2) Have income that is less than 200% of the Federal Poverty Level (FPL) or have prescription drug expenses that exceed 40% of the individual's annual income.
(3) Be a resident of this State.
(4) Be ineligible for Medicaid prescription benefits.
(5) Be ineligible for or not receiving a prescription drug benefit or any third party payer prescription benefit, excluding Medicare Part D coverage.
(6) Be enrolled in Medicare Part D and Medicare Part D Low Income Subsidy, if eligible, or qualify for a Medicare Part D Special Enrollment Period as an eligible person under the Program
(7) Be an individual aged 65 or over or be an individual between the ages 19 and 64 who is otherwise eligible for benefits under Title II of the Social Security Act (Federal Old Age, Survivors and Disability Insurance Benefits) (42 U.S.C. § 401 et seq.).
72 Del. Laws, 1st Sp. Sess., c. 259,, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 17, §§  3-7;  76 Del. Laws, c. 7, §§  1, 2;  repealed by 81 Del. Laws, c. 58, §  40, eff. July 3, 2017;  reenacted by 81 Del. Laws, c. 328, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30B. Prescription Drug Payment Assistance Program › § 3006B. Annual report.

§ 3006B. Annual report.
The Department shall maintain data to evaluate the cost and effectiveness of the Program and shall produce an annual report summarizing participant demographics, utilization, utilization review results, and other available information as may be needed to evaluate the costs and benefits of the Program.
72 Del. Laws, 1st Sp. Sess., c. 259,, §  1;  75 Del. Laws, c. 17, §  11;  repealed by 81 Del. Laws, c. 58, §  40, eff. July 3, 2017;  reenacted by 81 Del. Laws, c. 328, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30B. Prescription Drug Payment Assistance Program › § 3007B. Pharmacist duty.

§ 3007B. Pharmacist duty.
A pharmacist may not dispense or provide a covered prescription drug to an eligible person under this chapter until the eligible person makes the required copayment.
72 Del. Laws, 1st Sp. Sess., c. 259,, §  1;  repealed by 81 Del. Laws, c. 58, §  40, eff. July 3, 2017;  reenacted by 81 Del. Laws, c. 328, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30C. AUTOMATIC EXTERNAL DEFIBRILLATORS (AEDS) › § 3001C. Findings and purpose.

§ 3001C. Findings and purpose.
The General Assembly of the State has found that each year more than 350,000 Americans experience out-of-hospital sudden cardiac arrest. More than 95% of them die. In many cases, people die because life-saving defibrillators arrive on the scene too late, if at all. It is estimated that more than 100,000 deaths could be prevented each year if defibrillators were more widely available to designated users (responders). Many communities around the country have invested in 911 emergency response systems, emergency personnel and ambulance vehicles. However, many of these same communities do not have enough defibrillators. It is therefore the intent of this General Assembly to encourage greater acquisition, deployment and use of automated external defibrillators in communities within the State.
72 Del. Laws, c. 412, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30C. AUTOMATIC EXTERNAL DEFIBRILLATORS (AEDS) › § 3002C. Definitions.

§ 3002C. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them herein, except where the context clearly indicates a different meaning:
(1) “Automated external defibrillator,” (AED) shall mean a medical device which is both a heart monitor and defibrillator that has received approval of its premarket notification, filed with the Food and Drug Administration pursuant to United States Code, Title 21, § 360(k).
(2) “Records” shall mean the recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data and other documentation generated by the State EMS Medical Director.
72 Del. Laws, c. 412, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30C. AUTOMATIC EXTERNAL DEFIBRILLATORS (AEDS) › § 3003C. Correct use of defibrillator; training in order to ensure public health and safety.

§ 3003C. Correct use of defibrillator; training in order to ensure public health and safety.
(a) Any entity to whom AEDs are distributed shall insure that:
(1) Each prospective defibrillator user receives appropriate training by the American Red Cross, the American Heart Association, Delaware State Fire School or by another nationally recognized provider of training for cardio-pulmonary resuscitation and AED use; provided however, that such training shall be approved by the State EMS Medical Director;
(2) The defibrillator is maintained and tested according to the manufacturer's guidelines; and
(3) Any person who renders emergency care or treatment on a person in cardiac arrest by using an AED shall notify the appropriate EMS units as soon as possible and report any clinical use of the AED to the appropriate licensed physician or medical authority.
(b) The State EMS Medical Director shall maintain a file containing the name of each person or entity that acquires an AED with State funding.
72 Del. Laws, c. 412, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30C. AUTOMATIC EXTERNAL DEFIBRILLATORS (AEDS) › § 3004C. Quality Review Program.

§ 3004C. Quality Review Program.
All quality management proceedings shall be confidential. Records of the State EMS Medical Director, and EMS quality care review committee relating to AED reviews and audits shall be confidential and privileged, are protected, and are not subject to discovery, subpoena or admission into evidence in any judicial or administrative proceeding. Raw data used in any AED review or audit shall not be available for public inspection; nor is such raw data a “public record” as set forth in the Delaware Freedom of Information Act [Chapter 100 of Title 29].
72 Del. Laws, c. 412, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30C. AUTOMATIC EXTERNAL DEFIBRILLATORS (AEDS) › § 3005C. Provision of limited liability protections.

§ 3005C. Provision of limited liability protections.
(a) Any person or entity, who in good faith and without compensation, renders emergency care or treatment by the use of an AED shall be immune from civil liability for any personal injury as a result of such care or treatment, or as a result of any act or failure to act in providing or arranging further medical treatment, if such person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances and such act or acts do not amount to wilful or wanton misconduct or gross negligence.
(b) Any individual who authorizes the purchase of an AED, any person or entity who provides training in cardiopulmonary resuscitation and the use of an AED, and any person or entity responsible for the site where the AED is located shall be immune from civil liability for any personal injury that results from any act or omission that does not amount to wilful or wanton misconduct or gross negligence.
72 Del. Laws, c. 412, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30D. TANNING FACILITIES › § 3002D. Definitions.

§ 3002D. Definitions.
As used in this chapter:
(1) “Customer” means any member of the public who is provided access to a tanning facility in exchange for a fee or other compensation or any individual who, in exchange for a fee or other compensation, is afforded use of a tanning facility as a condition or benefit of membership or access.
(2) “Department” means the Department of Health and Social Services.
(3) “Minor” means any individual less than 18 years of age.
(4) [Repealed.]
(5) “Person” means an individual, partnership, corporation, or association.
(6) “Phototherapy device” means equipment that emits ultraviolet radiation and is used in the diagnosis or treatment of disease or injury.
(7) “Tanning device” means equipment that emits electromagnetic radiation having wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin and any equipment used with that equipment, including but not limited to protective eyewear, timers and handrails. Such term shall not include a phototherapy device used, or prescribed for use, by a physician.
(8) “Tanning facility” means any location, place, area, structure, or business that provides customers access to any tanning device.
77 Del. Laws, c. 195, §  1;  79 Del. Laws, c. 365, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30D. TANNING FACILITIES › § 3003D. Restrictions on use by minors.

§ 3003D. Restrictions on use by minors.
(a) A tanning facility shall not permit a minor to use a tanning device.
(b) (b)-(d) [Repealed.]
77 Del. Laws, c. 195, §  1;  79 Del. Laws, c. 365, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30D. TANNING FACILITIES › § 3005D. Duty.

§ 3005D. Duty.
It shall be the duty of the tanning facility owner to ensure that each customer utilizing the tanning facility is of legal age to do so. The tanning facility owner shall be held responsible for the use of the tanning facility by any minor pursuant to § 3003D of this title.
77 Del. Laws, c. 195, §  1;  79 Del. Laws, c. 365, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30D. TANNING FACILITIES › § 3006D. Warning signs and statements.

§ 3006D. Warning signs and statements.
(a) Each tanning facility shall post at least 1 warning sign in a place readily visible to persons entering the facility. Lettering must be clear, legible, and at least 1/4 inch in height, unless otherwise provided herein. The sign shall have dimensions not less than 11 inches by 17 inches and shall have the following statements:
(1) “DANGER — ULTRAVIOLET RADIATION”, in capital letters at least 1/2 inch in height;
(2) “Follow the manufacturer's instructions for this device.”;
(3) “Avoid overexposure. As with sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure to ultraviolet radiation may cause chronic sun damage characterized by wrinkling, dryness, fragility, bruising of the skin, and skin cancer.”;
(4) “Avoid sunbathing before or after exposure to ultraviolet radiation from sunlamps.”;
(5) “Wear protective eyewear. Failure to do so may result in severe burns or permanent injury to the eyes.”; and
(6) “Medications or cosmetics may increase sensitivity to ultraviolet radiation. Consult a physician before using a sunlamp if you are using medications, have a history of skin problems, or believe you are especially sensitive to sunlight.”
(b) Each customer shall be provided with a written warning statement prior to each use of the tanning equipment or device. The warning statement shall include the following statements:
(1) “Failure to use eye protection may result in injury to the eyes.”;
(2) “Overexposure to ultraviolet light may cause burns.”;
(3) “Repeated exposure to ultraviolet light may result in skin cancer and premature aging of the skin.”;
(4) “Abnormal skin sensitivity or burning may be caused by reactions of ultraviolet light to certain foods, cosmetics, or medications, including tranquilizers, diuretics, antibiotics, high blood pressure medications, and birth control pills.”;
(5) “Anyone taking a prescription or over-the-counter drug should consult a physician before using any tanning equipment or device.”
79 Del. Laws, c. 365, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30D. TANNING FACILITIES › § 3007D. Penalties.

§ 3007D. Penalties.
Notwithstanding any other provision of Delaware law, an owner who violates this chapter shall be guilty of a violation and shall be fined $250 for the first offense, $500 for the second offense and $1,000 for the third and all subsequent offenses.
77 Del. Laws, c. 195, §  1;  79 Del. Laws, c. 365, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30E. SCHOOL ACCESS TO EMERGENCY MEDICATION ACT › Subchapter I. School Access to Emergency Medication › § 3001E. Definitions.

§ 3001E. Definitions.
For purposes of this subchapter:
(1) “Emergency medication” means a medication necessary for response to a life-threatening allergic reaction.
(2) “Licensed health-care provider” means anyone lawfully authorized to prescribe medications and treatments.
(3) “School” means an educational facility serving students in kindergarten through grade 12, and any associated pre-kindergarten program in such facility.
(4) “School nurse” means a registered nurse employed by a local education agency meeting the certification and licensure requirements of the employing agency.
(5) “Trained person” means an educator, coach or person hired or contracted by schools serving students in pre-kindergarten through grade 12 who has completed the training to administer emergency medicine to diagnosed and undiagnosed individuals.
(6) “Without an order” means that the school nurse or trained person may administer emergency medication, as further described within this subchapter, without an individual prescription from a licensed health-care provider for a person to receive the emergency medication. In lieu of a licensed health-care provider's order, i.e., an individual prescription, the Division of Public Health will issue guidance on the administration of emergency medication in the school setting. The Division of Public Health will continue to provide medical emergency standing orders for allergic reactions and anaphylaxis in previously undiagnosed individuals for use by registered nurses in public school districts and charter schools.
79 Del. Laws, c. 342, §  1;  83 Del. Laws, c. 122, §§ 1, 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30E. SCHOOL ACCESS TO EMERGENCY MEDICATION ACT › Subchapter I. School Access to Emergency Medication › § 3002E. Responsibilities of the Department of Education.

§ 3002E. Responsibilities of the Department of Education.
The Department of Education shall adopt rules and regulations regarding emergency medication, including but not limited to the training of trained persons and documentation thereof; and the storage, provision and administration of emergency medication and documentation thereof.
79 Del. Laws, c. 342, §  1;  83 Del. Laws, c. 122, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30E. SCHOOL ACCESS TO EMERGENCY MEDICATION ACT › Subchapter I. School Access to Emergency Medication › § 3003E. Responsibilities of the Division of Public Health.

§ 3003E. Responsibilities of the Division of Public Health.
The Division of Public Health shall provide guidance on the administration of emergency medications without an order in the school setting to undiagnosed individuals. The Division of Public Health will continue to provide medical emergency standing orders for allergic reactions and anaphylaxis in previously undiagnosed individuals for use by registered nurses in public school districts and charter schools.
79 Del. Laws, c. 342, §  1;  83 Del. Laws, c. 122, § 1;  83 Del. Laws, c. 283, § 21;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30E. SCHOOL ACCESS TO EMERGENCY MEDICATION ACT › Subchapter I. School Access to Emergency Medication › § 3004E. Responsibilities of the school.

§ 3004E. Responsibilities of the school.
(a) The school nurse, in consultation with the school administration, shall identify and train a sufficient number of eligible persons willing or required by position to become trained persons to administer emergency medication.
(b) The school shall maintain stock emergency medication.
79 Del. Laws, c. 342, §  1;  83 Del. Laws, c. 122, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30E. SCHOOL ACCESS TO EMERGENCY MEDICATION ACT › Subchapter I. School Access to Emergency Medication › § 3005E. Training.

§ 3005E. Training.
(a) The Department of Education shall develop, for approval by the Division of Public Health, a training course to prepare trained persons to administer emergency medications to diagnosed and undiagnosed individuals.
(b) Except for a school nurse, an educator, coach or person hired or contracted by schools serving students in pre-kindergarten through grade 12 shall not be compelled to become a trained person, unless this is a requirement of hire or contract.
79 Del. Laws, c. 342, §  1;  83 Del. Laws, c. 122, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30E. SCHOOL ACCESS TO EMERGENCY MEDICATION ACT › Subchapter I. School Access to Emergency Medication › § 3006E. Storage of emergency medication.

§ 3006E. Storage of emergency medication.
(a) Emergency medication which shall be administered by the school nurse, shall be located in a secure but accessible area which is easily accessible to the school nurse.
(b) Emergency medication which shall be administered by a trained person, shall be located in a secure but accessible area, which is identified by the school as easily accessible.
79 Del. Laws, c. 342, §  1;  83 Del. Laws, c. 122, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30E. SCHOOL ACCESS TO EMERGENCY MEDICATION ACT › Subchapter I. School Access to Emergency Medication › § 3007E. Provision of limited liability protections.

§ 3007E. Provision of limited liability protections.
Any trained person or school nurse, who, in good faith and without expectation of compensation from the person aided or treated, renders emergency care or treatment in response to an apparent allergic reaction by the use of an emergency medication shall not be liable for damages for injuries alleged to have been sustained by the aided or treated person or for damages for the death of the aided or treated person alleged to have occurred by reason of an act or omission in the rendering of such emergency care or treatment, unless it is established that such injuries or such death were caused wilfully, wantonly or by gross negligence on the part of the trained person or school nurse who rendered the emergency care or treatment by the use of an emergency medication.
79 Del. Laws, c. 342, §  1;  83 Del. Laws, c. 122, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30E. SCHOOL ACCESS TO EMERGENCY MEDICATION ACT › Subchapter II. Access to Epinephrine Autoinjectors in Institutions of Higher Education › § 3011E. Definitions.

§ 3011E. Definitions.
For purposes of this subchapter:
(1) “Administer” means the direct application of an epinephrine autoinjector to the body of an individual.
(2) “Dispensing” means providing 1 or more epinephrine autoinjectors according to an order of a licensed health-care provider.
(3) “Epinephrine autoinjector” means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.
(4) “Institution of higher education” means a public or private educational institution, physically located in this State, that provides a program of education beyond the high school level and awards an associate's, bachelor's, or advanced degree.
(5) “Licensed health-care provider” means a physician or an individual licensed and authorized to write prescriptions for individuals under Title 24.
(6) “Records'' means the recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data, and other documentation generated by the State Emergency Medical Services Medical Director.
(7) “Self-administration” means the process whereby an individual gives themselves a single dose of epinephrine from a previously dispensed, properly labeled autoinjector.
83 Del. Laws, c. 122, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30E. SCHOOL ACCESS TO EMERGENCY MEDICATION ACT › Subchapter II. Access to Epinephrine Autoinjectors in Institutions of Higher Education › § 3012E. Emergency access to epinephrine autoinjectors.

§ 3012E. Emergency access to epinephrine autoinjectors.
The Department shall do all of the following:
(1) Promote the safe use of epinephrine autoinjectors at institutions of higher education to reduce deaths from anaphylaxis.
(2) Promulgate regulations to implement this subchapter.
83 Del. Laws, c. 122, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30E. SCHOOL ACCESS TO EMERGENCY MEDICATION ACT › Subchapter II. Access to Epinephrine Autoinjectors in Institutions of Higher Education › § 3013E. Epinephrine autoinjectors; prescribing, dispensing, storage.

§ 3013E. Epinephrine autoinjectors; prescribing, dispensing, storage.
(a) A licensed health-care provider may prescribe epinephrine autoinjectors in the name of an institution of higher education for use under this subchapter.
(b) A licensed health-care provider or pharmacist may dispense epinephrine autoinjectors under a prescription issued in the name of an institution of higher education.
(c) An institution of higher education may acquire and stock a supply of epinephrine autoinjectors under a prescription issued under this subchapter as follows:
(1) The epinephrine autoinjectors must be stored in a location readily accessible in an emergency.
(2) The epinephrine autoinjectors must be stored in accordance with the epinephrine autoinjector's instructions for use and any additional requirements established by the Department.
(3) An institution of higher education shall designate employees or agents who have completed the training required under § 3015E of this title to be responsible for the storage, maintenance, and general oversight of epinephrine autoinjectors acquired by the institution of higher education.
83 Del. Laws, c. 122, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30E. SCHOOL ACCESS TO EMERGENCY MEDICATION ACT › Subchapter II. Access to Epinephrine Autoinjectors in Institutions of Higher Education › § 3014E. Epinephrine autoinjectors; administration.

§ 3014E. Epinephrine autoinjectors; administration.
(a) An employee or agent of an institution of higher education, who has completed the training required under § 3015E of this title may, on the premises of or in connection with the institution of higher education, use epinephrine autoinjectors prescribed under § 3013E of this title as follows:
(1) Provide an epinephrine autoinjector to an individual who the employee, agent, or the individual believes in good faith is experiencing anaphylaxis for immediate self-administration, regardless of whether the individual has a prescription for an epinephrine autoinjector or has previously been diagnosed with an allergy.
(2) Administer an epinephrine autoinjector to any individual who the employee or agent believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine autoinjector or has previously been diagnosed with an allergy.
(b) An individual who uses an epinephrine autoinjector under subsection (a) of this section must do all of the following:
(1) Notify the appropriate emergency medical service units as soon as possible.
(2) Report the use to the appropriate licensed physician or medical authority, if known.
83 Del. Laws, c. 122, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30E. SCHOOL ACCESS TO EMERGENCY MEDICATION ACT › Subchapter II. Access to Epinephrine Autoinjectors in Institutions of Higher Education › § 3015E. Epinephrine autoinjectors; training.

§ 3015E. Epinephrine autoinjectors; training.
(a) An employee or agent of an institution of higher education must complete an anaphylaxis training program before providing or administering an epinephrine autoinjector made available by an institution of higher education. The training must be conducted by a nationally-recognized organization experienced in training laypersons in emergency health treatment or an entity or individual approved by the Department. Training may be conducted online or in person and, at a minimum, must cover all of the following:
(1) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis.
(2) Standards and procedures for the storage and administration of an epinephrine autoinjector.
(3) Risks of administering an epinephrine autoinjector that has expired or that was not stored at the proper temperature.
(4) Potential contraindications, risks, side effects, or medication reactions after appropriate use.
(5) The differences in usage, storage, and administration of an EpiPen Jr. autoinjector.
(6) What to do if an individual is at a borderline weight.
(7) Emergency follow-up procedures.
(b) The entity that conducts the training shall issue a certificate, on a form developed or approved by the Department, to each person who successfully completes the anaphylaxis training program.
(c) An individual who successfully completes an anaphylaxis training under this section may use epinephrine autoinjectors prescribed under § 3013E of this title for 2 years from the date of completion on the certificate issued under subsection (b) of this section.
83 Del. Laws, c. 122, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30E. SCHOOL ACCESS TO EMERGENCY MEDICATION ACT › Subchapter II. Access to Epinephrine Autoinjectors in Institutions of Higher Education › § 3016E. Epinephrine autoinjectors; immunity.

§ 3016E. Epinephrine autoinjectors; immunity.
(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.
83 Del. Laws, c. 122, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30E. SCHOOL ACCESS TO EMERGENCY MEDICATION ACT › Subchapter II. Access to Epinephrine Autoinjectors in Institutions of Higher Education › § 3017E. Epinephrine autoinjectors; reports.

§ 3017E. Epinephrine autoinjectors; reports.
(a) An institution of higher education that possesses and makes available epinephrine autoinjectors shall submit to the Department, on a form developed by the Department, a report of each incident that involves the administration of the institution of higher education's epinephrine autoinjector.
(b) Records of the State Emergency Medical Services Medical Director, and emergency medical services quality care review committee relating to epinephrine autoinjector reviews and audits are confidential and privileged, protected, and are not subject to discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. Raw data used in any epinephrine autoinjector review or audit is not a public record under Chapter 100 of Title 29 and is confidential under § 1768(b) of Title 24.
(c) The Department shall file an annual report with the General Assembly by January 1 that provides all of the following information for the prior academic year:
(1) A summary and analysis of all reports submitted under subsection (a) of this section.
(2) The number of institutions of higher education that received epinephrine autoinjectors under this subchapter.
(3) The number of individuals trained to administer epinephrine autoinjectors under this subchapter.
83 Del. Laws, c. 122, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter I. Shelter Operation › § 3003F. Animal adoption, recovery, and rehabilitation.

§ 3003F. Animal adoption, recovery, and rehabilitation.
(a) Animal shelters shall be open to the public after normal business hours, including evenings and weekends, to increase access for the purpose of adoption.
(b) Animal shelters shall provide a minimum holding period of 3 business days for animals in their care, to allow reclamation by their owners. If an adoptable animal is not reclaimed, the animal may be transferred to another animal shelter or rescue for adoption, or adopted as a companion in a suitable home. The holding period required by this subsection shall not apply to owner-surrendered animals, other cases in which the owner of the animal is known, or to cats that are returned to field as part of a free-roaming cat program.
(c) Animal recovery. — (1) Animal shelters shall take appropriate action to ensure that all animals brought to the shelter are checked for all currently acceptable methods of identification, including microchips, identification tags, tattoos, and licenses.
(2) Animal shelters shall maintain updated lists of animals reported lost, and attempt to match these lost reports with animals reported found and animals in the shelter, and shall also post all stray animals on the Internet with sufficient detail to allow them to be recognized and claimed by their owners.
(3) If a possible owner is identified, the animal shelter shall make every reasonable attempt to reunite the animal with its owner. Upon the owner's or caretaker's initiative of recovery procedures, the animal shelter shall retain custody of the animal for 5 business days to allow for completion of the recovery process. The owner or custodian of the animal may be held responsible for reasonable housing and boarding costs once the owner or custodian has been notified of the animal's location, provided that the owner or custodian has been advised of such costs prior to the costs being incurred.
(4) All animals adopted out must be microchipped.
(d) Animal shelters shall establish and maintain a registry of organizations willing to accept animals for the purpose of adoption, including breed specific rescues, or to provide the animals with long-term placements. The registry shall include the types and breeds of animals about which the organization wishes to be contacted. Animal shelters shall have the right to inspect the facilities of any adoption organization taking animals from the shelter.
(e) Animal shelters shall make best efforts to prioritize acceptance of animals from within the State of Delaware before accepting dog or cat intakes from outside of Delaware. Animals accepted from shelters outside the State of Delaware must have a current health certification.
77 Del. Laws, c. 418, §  2;  79 Del. Laws, c. 377, §  1;  81 Del. Laws, c. 450, § 2;  84 Del. Laws, c. 171, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter I. Shelter Operation › § 3005F. Proper facilities required.

§ 3005F. Proper facilities required.
Any municipality that does not have proper facilities and trained personnel shall transport in a humane manner any animals which are to be euthanized to the nearest private or public shelter or agency which has proper facilities and trained personnel or contract for euthanasia of such animals by a licensed veterinarian.
65 Del. Laws, c. 136, §  1;  77 Del. Laws, c. 418, §  3;  79 Del. Laws, c. 377, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter I. Shelter Operation › § 3006F. Violation constitutes class A misdemeanor; civil remedy; jurisdiction of Superior Court.

§ 3006F. Violation constitutes class A misdemeanor; civil remedy; jurisdiction of Superior Court.
(a) Failure by any person employed by, volunteering at or an agent of any private or public animal shelter to comply with § 3004F(d) of this title regarding euthanizing animals shall constitute a class A misdemeanor and shall be punishable as provided by law.
(b) Any person may maintain a civil action to enjoin the continuance of the violation of § 3004F(d) of this title. If the acts sought to be enjoined are determined by the courts to violate § 3004F(d) of this title, a permanent injunction against such acts shall be granted. The violation may also be abated by any public body or officer authorized to do so by law.
(c) The Superior Court shall have exclusive jurisdiction of misdemeanor offenses under this section.
65 Del. Laws, c. 136, §  1;  77 Del. Laws, c. 418, §§  3- 6;  79 Del. Laws, c. 377, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter I. Shelter Operation › § 3007F. Record keeping and reporting.

§ 3007F. Record keeping and reporting.
Animal shelters shall maintain records regarding the following information:
(1) Intake and outcomes data by type for all animals.
(2) Number of animals at beginning and end of period.
(3) Number of spay/neuter surgeries performed for shelter and public animals.
(4) Records showing compliance with vaccination requirements.
(5) Records regarding medical treatment provided.
(6) Location and date of return for cats returned to field as part of a free-roaming cat program.
The information in paragraphs (1) through (3) of this section shall be posted to the shelter's website on a quarterly and annual basis in a format determined by the Department. The information in paragraphs (4) through (6) of this section shall be made available upon request by the Department.
77 Del. Laws, c. 418, §  7;  79 Del. Laws, c. 377, §  1;  81 Del. Laws, c. 450, § 2;  84 Del. Laws, c. 171, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter I. Shelter Operation › § 3008F. Enforcement.

§ 3008F. Enforcement.
(a) The Department shall adopt rules and regulations as may be necessary for the protection and care of companion animals in animal shelters, as defined in this subchapter.
(b) The Department will conduct at least annual inspection of every animal shelter.
(c) The Department or its duly authorized representative or representatives shall have the power to enter at all reasonable times, during ordinary business hours, upon any private or public animal shelter for the purpose of determining whether or not there is compliance with or violations of this subchapter, rules, and regulations thereunder.
(d) Upon request of the Department, animal shelters shall make available records concerning the requirements of this subchapter.
(e) All findings will be documented in writing and a copy provided to the animal shelter within 30 days. Once provided to the animal shelter, the documentation will also be posted on the Department web site. Deficiencies must be corrected within the timeframe established by the Department.
(f) The Department shall have the power to issue orders to correct deficiencies and to impose penalties pursuant to § 107(a) of this title.
(g) The animal shelter management has the right to appeal the results of the inspection. If the opinion of the animal shelter management is in conflict with the inspection, the animal shelter management may request a review of the inspection by the Department. The appeal will be made in writing and submitted within 30 days after publication of the findings. After receipt of the appeal, the Department will have 60 days to respond in writing.
(h) The Department shall conduct an investigation upon receipt of a complaint of alleged violations of this subchapter.
(1) Anyone desiring to file a complaint against any animal shelter shall file a written complaint with the Department. All complaints shall be reviewed and complaints concerning violations of this chapter will be investigated by the Department or its designee. The Department shall notify the animal shelter of the complaint within 30 days of receipt of said complaint. The Department shall be responsible for issuing a final written report of violations of this subchapter to the animal shelter. Once the final report is issued to the animal shelter, the report will also be posted to the Department website at the conclusion of the proceedings.
(2) The animal shelter management may, in writing to the Department, request a hearing if they wish to contest the findings of the investigation. The appeal will be made in writing and submitted within 30 days after publication of the findings. Within 30 days of receipt of the request for public hearing, the Department shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29, and the Freedom of Information Act, Chapter 100 of Title 29.
79 Del. Laws, c. 377, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter II. Animal Population Control Program and Spay/Neuter Fund › § 3010F. Short title.

§ 3010F. Short title.
This subchapter shall be known and may be cited as the “Animal Population Control Program.”
75 Del. Laws, c. 326, §  1;  79 Del. Laws, c. 377, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter II. Animal Population Control Program and Spay/Neuter Fund › § 3011F. Findings.

§ 3011F. Findings.
The General Assembly for the State of Delaware hereby finds that:
(1) During 2002, of the 22,165 dogs and cats which were received at Delaware's primary animal facilities, of those received:
a. Two thousand four hundred and nine (11%) were returned to their owners/guardians; while
b. Seven thousand two hundred and ninety (33%) were adopted; and
c. Twelve thousand six hundred and fifty-nine (57%) were euthanized.
(2) During 2003, of the 24,510 dogs and cats which were received at Delaware's primary animal facilities, of those received:
a. Two thousand one hundred and eighty-six animals (9%) were returned to their owners/guardians; while
b. Seven thousand one hundred and twenty-five animals (29%) were adopted; and
c. Thirteen thousand six hundred and fifty-three animals (56%) were euthanized.
(3) During 2004, of the 21,254 dogs and cats which were received at Delaware's primary animal facilities, of those received:
a. Two thousand one hundred and ninety-three animals (10.3%) were returned to their owners/guardians; while
b. Five thousand five hundred animals (25.8%) were adopted; and
c. Thirteen thousand and sixty-seven animals (61.4%) were euthanized.
(4) During 2005, of the 21,062 dogs and cats which were received at Delaware's primary animal facilities or those received:
a. Two thousand two hundred and ninety-nine animals (10.9%) were returned to their owners/guardians; while
b. Five thousand eight hundred and thirty-seven animals (27.7%) were adopted; and
c. Thirteen thousand five hundred and eighty three animals (64.4%) were euthanized.
(5) As Delaware's human population growth rate increases so too will the population growth rate of the dog and cat populations, the intake at animal facilities and the consequent disposition rates associated therewith.
(6) Controlling the dog and cat population would have a significant benefit to the public health and safety in the following manner:
a. Reducing nuisance complaints regarding homeless dogs and cats;
b. Reducing the number of homeless dogs and cats seeking to mate;
c. Reducing the number of dog and cat bite cases involving children;
d. Minimizing opportunities for rabies transmission;
e. Decreasing the number of automobile accidents caused by stray dogs and cats; and
f. Reducing cruelty to animals opportunities by addressing and decreasing the presence of unwanted/nuisance populations.
(7) This subchapter recognizes the economic hardships associated with animal population control, the problems associated with homeless animals, and the societal impacts associated with failing to address these problems and establishes a program focused upon addressing dog and cat population control by providing a means by which population control and rabies vaccinations may be financed.
75 Del. Laws, c. 326, §  1;  79 Del. Laws, c. 377, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter II. Animal Population Control Program and Spay/Neuter Fund › § 3012F. Purpose.

§ 3012F. Purpose.
The purpose of the spay/neuter program is to assist low-income residents and low-income communities. The Animal Population Control Program's goals include:
(1) Population growth among stray and unwanted cats and dogs; and
(2) Stray and unwanted cats and dogs entering animal shelters; and
(3) Cat and dog euthanasia rates; and
(4) Animal-inflicted injuries to humans (e.g., bites); and
(5) Threats to public health and safety (e.g., from rabies and vehicular accidents).
75 Del. Laws, c. 326, §  1;  79 Del. Laws, c. 377, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter II. Animal Population Control Program and Spay/Neuter Fund › § 3013F. Definitions.

§ 3013F. Definitions.
(a) “Abandoned/free-roaming homeless/stray/unwanted animal” — A cat or dog with no known owner or not wanted by its owner or that may be deserted by its owner.
(b) “Administrator” — Department of Health and Social Services.
(c) “Animal control agency” — Any state, county or municipally authorized animal control agency.
(d) “Animal shelter” — A public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals.
(e) “Cat” — A member of the genus and species known as felis catus.
(f) “Dog” — A member of the genus and species known as canis familiaris.
(g) “Ear-tip” — The removal of approximately a quarter-inch off the tip of the cat's left ear while the cat is anesthetized.
(h) “Feral cat” — A cat that:
(1) Is born in the wild or is the offspring of an owned or feral cat and which may not be socialized, or
(2) Is a formerly-owned cat that has been abandoned and is no longer socialized.
(i) [Repealed.]
(j) “Free-roaming cat caretaker” — A person who provides shelter, medical care, or food to 1 or more feral or free-roaming cats lacking discernible owner identification, and works to reduce colony numbers by working to spay and neuter the animals within their specific colony or colonies. Free-roaming cat caretakers are not owners.
(k) [Repealed.]
(l) “Owner” — Any person, firm, partnership, association or corporation owning, keeping or harboring a cat, dog or other animal.
(m) “Program” — The mandatory pre-adoption sterilization and rabies inoculation program established by and set forth in this subchapter for cats and dogs.
(n) “Spay/neuter” — To sterilize a female animal by removing the ovaries or to castrate a male animal by removing the testicles or by FDA-approved pharmaceutical sterilization.
75 Del. Laws, c. 326, §  1;  76 Del. Laws, c. 284, §  1;  79 Del. Laws, c. 377, §  2;  81 Del. Laws, c. 450, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter II. Animal Population Control Program and Spay/Neuter Fund › § 3016F. Preadoption spay/neuter mandate.

§ 3016F. Preadoption spay/neuter mandate.
(a) Effective on June 29, 2006, it shall be mandatory for all cats and/or dogs of reproductive age to be spayed or neutered and inoculated for rabies prior to adoption from any of the following:
(1) A private animal welfare or rescue agency/group or organization;
(2) Any adoption clinic endorsed, operated, managed, or sponsored by an animal welfare or rescue agency, organizations, commercial enterprises or private parties or combination thereof; or
(3) An animal shelter as defined herein.
(b) Exceptions to the preadoption spay/neuter and rabies inoculation mandate shall be limited to the following:
(1) An animal which, following a medical examination by an accredited veterinarian, is found to be in a state of health which would preclude the safe and humane implementation of a spay/neuter procedure or rabies inoculation; or
(2) A dog or cat under the age of 6 months provided that:
a. The adopter shall post a deposit of $75; and
b. In the absence of an exemption as provided in paragraph (b)(1) of this section above, said deposit shall be held by the adopting agency until such time as:
1. Said deposit is rebated to the adopter upon proof that the spay/neuter procedures has been completed within 5 months of the date of adoption; and
2. The animal has received a rabies inoculation in accordance with the existing laws governing rabies inoculations and such inoculation was not postponed beyond the seventh month of age; or
3. The deposit is disbursed subject to and in accordance with the procedures elaborated in § 3017F(c) of this title below.
75 Del. Laws, c. 326, §  1;  79 Del. Laws, c. 377, §  2;  81 Del. Laws, c. 224, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30F. ANIMAL WELFARE › Subchapter II. Animal Population Control Program and Spay/Neuter Fund › § 3018F. Program administration.

§ 3018F. Program administration.
(a) The administrator shall administer the Program and shall be responsible for:
(1) Distributing, collecting and compiling all forms, including but not limited to, veterinarian participation agreements, sterilization and immunization certifications, and creating a database there from for enforcement and accountability purposes; and
(2) Maintaining a list of participating veterinarians; and
(3) Determining eligibility; and
(4) Directing the collection of co-payments; and
(5) Obtaining the maximum number of spay/neuter/inoculation procedures available to the Program's financial parameters per calendar year.
(b) All reimbursement shall be through the administrator.
(c) The cost of administering the Pet Population Control Spay/Neuter Program may be reimbursed from the Spay/Neuter Fund.
75 Del. Laws, c. 326, §  1;  76 Del. Laws, c. 284, §  5;  79 Del. Laws, c. 377, §  2;  81 Del. Laws, c. 224, § 4;  81 Del. Laws, c. 450, § 2;  83 Del. Laws, c. 177, § 2;