reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter II. Child Protection Registry › § 922. Entry on the Child Protection Registry.

§ 922. Entry on the Child Protection Registry.
The Child Protection Registry must indicate “substantiated for abuse” or “substantiated for neglect” and the Child Protection Level as designated in § 923 of this subchapter for any person who:
(1) Based on the same incident of abuse or neglect on which the substantiation proceeding is premised, has been convicted of any criminal offense set out in § 923 of this subchapter or any offense specified in the laws of another state, the United States or any territory of the United States which is the same as or equivalent to any of the offenses set out in § 923 of this title.
(2) Has been found by the Family Court, in a child welfare proceeding brought by the Department or in which the Department is a party, by a preponderance of the evidence to have abused or neglected a child.
(3) Fails to make a timely written request for a hearing as provided in § 924(a)(2) of this title after being given notice by the Department of its intent to substantiate the person for abuse or neglect and enter the person on the Registry.
(4) Is entered on the Registry by order of the Family Court in a proceeding on a Petition for Substantiation as described in § 925 or § 925A of this title.
(5) Was substantiated for abuse or neglect between August 1, 1994, and February 1, 2003.
73 Del. Laws, c. 412, §  7;  79 Del. Laws, c. 314, §  1;  83 Del. Laws, c. 228, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter II. Child Protection Registry › § 925. Petition for substantiation.

§ 925. Petition for substantiation.
(a) If a person responds to the Department and requests a hearing in the Family Court before being entered on the Registry, as provided in § 924 of this title, the Department shall, unless the automatic stay provisions of § 927 of this title apply, file in the Family Court no later than 45 days after receipt of the written request, or in the case of a child, no later than 45 days after the notice of intent to substantiate was sent to the child, a petition for substantiation which requests that the Court substantiate the abuse or neglect and enter the person on the Child Protection Registry at a Child Protection Level designated by the Court.
(b) The petition for substantiation must be filed in the county in which the alleged incident leading to the petition occurred.
(c) The Family Court may, upon motion by the Department or sua sponte, enter an order that places the person on the Registry at a designated Child Protection Level pending a final order on the petition for substantiation.
(d) The Family Court shall appoint counsel for any unrepresented child against whom a petition for substantiation has been filed.
73 Del. Laws, c. 412, §  7;  79 Del. Laws, c. 314, §  1;  83 Del. Laws, c. 228, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter II. Child Protection Registry › § 925A. Grounds for substantiation.

§ 925A. Grounds for substantiation.
(a) Unless otherwise provided in this subchapter, no person shall be placed on the registry unless the Court finds by a preponderance of the evidence after a hearing on the merits, or accepts the agreement of the parties, that:
(1) The person committed an act of abuse or neglect; and
(2) The act of abuse or neglect was based on the same incident as alleged in the Notice of Intent to Substantiate.
(b) Should the elements of subsection (a) of this section be met, the Court shall also determine by a preponderance of the evidence after a hearing on the merits or accept the agreement of the parties, the risk of future harm the person poses to children and designate the person to the appropriate Child Protection Level set forth in § 923 of this title. If the person is convicted of an enumerated crime when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate, the person is automatically entered on the Child Protection Registry at the level designated by § 923 of this title.
(c) An order of substantiation may not be stayed pending appeal.
(d) If the Family Court finds that the person has not committed an act of abuse or neglect based on the same incident as alleged in the Notice of Intent to Substantiate, the person may not be entered on the Registry for that incident, and the Department shall indicate in its internal information system that the incident is unsubstantiated.
(e) If a child welfare proceeding is pending in which the Department has requested a finding of abuse or neglect against a party and entry on the Registry for the same incident, the Family Court shall decide the issues of substantiation and entry on the Registry as provided in § 926 of this title without the necessity of a response to the notice of intent to substantiate or a separate Petition for Substantiation.
(f) If the Department fails to file a Petition for Substantiation within 45 days of receipt of a person's written request for a hearing as provided in § 924 of this title and a child welfare proceeding based on the same incident of abuse or neglect is not pending, the person may not be entered on the Child Protection Registry for the incident of abuse or neglect indicated in the notice of intent to substantiate.
79 Del. Laws, c. 314, §  1;  83 Del. Laws, c. 228, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter II. Child Protection Registry › § 926. Finding of abuse or neglect in child welfare proceeding; binding effect.

§ 926. Finding of abuse or neglect in child welfare proceeding; binding effect.
In every child welfare proceeding brought by the Department or in which the Department is a party and in which the Department has requested a finding of abuse or neglect and entry on the Registry, the Family Court shall make findings pursuant to § 925A of this title. The findings of the Family Court are final and binding, and work as issue or claim preclusion for the same incident of abuse or neglect in substantiation proceedings.
73 Del. Laws, c. 412, §  7;  79 Del. Laws, c. 314, §  1;  83 Del. Laws, c. 228, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter II. Child Protection Registry › § 927. Automatic stay of substantiation proceedings.

§ 927. Automatic stay of substantiation proceedings.
(a) Proceedings under §§ 925 and 925A of this title, including the duty to file a Petition for Substantiation, are automatically stayed in any matter in which a criminal or delinquency proceeding involving the same incident of abuse or neglect is pending. The time to file a Petition for Substantiation under § 925 of this title shall begin upon conclusion of the criminal or delinquency proceeding.
(b) Conviction of a crime involving the same incident of abuse or neglect is final, binding and determinative of the issue of abuse or neglect and of the person's entry on the Registry at the Child Protection Level designated for such offense.
(c) Upon conclusion of a criminal or delinquency proceeding involving the same allegations or facts as those alleged in the incident of abuse or neglect, if the accused is acquitted of the charge or the charge is dismissed and the Department intends to pursue substantiation, the acquittal or dismissal does not automatically work as issue or claim preclusion against a civil finding of abuse or neglect, nor does it prevent the taking of evidence, notwithstanding any other law to the contrary.
73 Del. Laws, c. 412, §  7;  79 Del. Laws, c. 314, §  1;  83 Del. Laws, c. 228, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter II. Child Protection Registry › § 928. Persons entered on the Registry between August 1, 1994, and February 1, 2003.

§ 928. Persons entered on the Registry between August 1, 1994, and February 1, 2003.
(a) The Department shall review each case substantiated for abuse or neglect that was placed on the Central Registry (also known as the Central Child Abuse Registry, the Child Abuse Registry and the Central Abuse Registry) between August 1, 1994, and February 1, 2003, and designate each case to a Child Protection Level in accordance with the regulations developed pursuant to § 923 of this title.
(b) A person who has been entered on the Child Protection Registry for the time prescribed in the designated Child Protection Level for the person's incident of abuse or neglect must be automatically removed from the Child Protection Registry, provided that the person has not been substantiated for an incident of abuse or neglect while on the Child Protection Registry. The Department shall notify the person of the removal.
(c) The Department shall notify a person who does not qualify for automatic removal from the Child Protection Registry of the Child Protection Level to which the person has been designated and of the consequences of designation to that level, including whether the person will be reported as substantiated for abuse or neglect in a Child Protection Registry check pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31.
73 Del. Laws, c. 412, §  7;  79 Del. Laws, c. 314, §  1;  80 Del. Laws, c. 154, §  3;  83 Del. Laws, c. 228, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter III. Child Protection Accountability Commission › § 933. Power and authority of investigations and reviews.

§ 933. Power and authority of investigations and reviews.
(a) In connection with any investigation and review conducted under § 931(b)(7) of this title, the Commission, by and through its staff, committee, and panel, has power and authority to do all of the following:
(1) Administer oaths and affirmations to any person related to the death or near death under review.
(2) Issue subpoenas to compel the attendance of witnesses whose testimony is related to the death or near death under review.
(3) Issue subpoenas to compel the production of records related to the death or near death under review.
(b) The Commission may delegate its power and authority in subsection (a) of this section to the Child Advocate, who may further delegate the power and authority to any attorney employed by, contracting with, or volunteering for the Office of the Child Advocate.
(c) A subpoena issued under subsection (a) of this section may be enforced or challenged only in the Family Court.
(1) All proceedings before the Family Court and all records of such proceedings conducted under this subsection are private.
(2) In a proceeding under this subsection (c), the Family Court may impose reasonable restrictions, conditions, or limitations on the access to proceedings and records of proceedings to preserve the confidentiality set forth in § 934 of this title.
80 Del. Laws, c. 187, §  9;  81 Del. Laws, c. 143, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter III. Child Protection Accountability Commission › § 934. Confidentiality of records related to investigations and reviews.

§ 934. Confidentiality of records related to investigations and reviews.
(a) The records of the Commission, committee, panel, and its staff, contractors and volunteers, including original documents and documents produced in the investigation and review process with regard to the facts and circumstances of each death or near death, are confidential and may not be released to any person except as expressly provided by this subchapter. Such records may be used by the Commission, committee, panel, and its staff, contractors and volunteers only in the exercise of the proper functions of the Commission and its staff. Such records, together with the summary information, findings, and recommendations therefrom are not public records, are not available for Court subpoena or subject to discovery, are not admissible into evidence or otherwise in any civil, criminal, administrative, or judicial proceeding, and are not considered binding under claim or issue preclusion doctrines. Except where constitutional provisions require otherwise, statements, records, or information are not subject to any statute or rule that would require those statements, records, or information to be disclosed in the course of a civil, criminal, or administrative trial, or associated discovery. Aggregate statistical data compiled by the Commission or its staff, however, may be released at the discretion of the Commission or its staff.
(b) No person in attendance at a meeting of the Commission, or any of its committees or panels, is required to testify as to what transpired at such meeting in any forum including any civil, criminal, administrative, or judicial proceeding.
80 Del. Laws, c. 187, §  9;  81 Del. Laws, c. 143, §  4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter III. Child Protection Accountability Commission › § 935. Immunity from suit related to investigations and reviews.

§ 935. Immunity from suit related to investigations and reviews.
(a) Members of the Commission and their agents or employees, including committee and panel members, contractors, and volunteers are not subject to, and are immune from, claims, suits, liability, damages, or any other recourse, civil or criminal, arising from or relating to any act, omission, proceeding, decision, determination, finding, or recommendation made in the performance of their duties under §§ 932 and 933 of this title. For the immunity provided by this subsection to apply, the members of the Commission or their agents or employees must have acted in good faith and without malice in carrying out the responsibilities, authority, duties, powers, and privileges of the offices conferred upon them by this subchapter or by any other provisions of the Delaware law, federal law or regulations, or duly adopted rules and regulations of the Commission. Complainants shall bear the burden of proving malice or a lack of good faith to defeat the immunity provided by this subsection.
(b) No organization, institution, or person furnishing information, data, reports, or records to the Commission or its staff with respect to any subject examined or treated by such organization, institution, or person, by reason of furnishing such information, shall be liable in damages to any person or subject to any other recourse, civil or criminal.
80 Del. Laws, c. 187, §  9;  81 Del. Laws, c. 143, §  5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9B. Infants with Prenatal Substance Exposure. › § 901B. Purpose.

§ 901B. Purpose.
The child welfare policy of this State shall serve to advance the best interests and secure the safety and well-being of an infant with prenatal substance exposure, while preserving the family unit whenever the safety of the infant is not jeopardized. To further this policy, this chapter:
(1) Requires that notifications of infants with prenatal substance exposure be made to the Division by the health-care provider involved in the delivery or care of the infant.
(2) Requires a coordinated, service-integrated response by various agencies in this State's health and child welfare systems to work together to ensure the safety and well-being of infants with prenatal substance exposure by developing, implementing, and monitoring a Plan of Safe Care that addresses the health and substance use treatment needs of the infant and affected family or caregiver.
81 Del. Laws, c. 257, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9B. Infants with Prenatal Substance Exposure. › § 902B. Definitions.

§ 902B. Definitions.
As used in this chapter:
(1) “Division” is as defined in § 902 of this title.
(2) “Family assessment and services” is as defined in § 902 of this title.
(3) “Health-care provider” is as defined in § 714 of this title.
(4) “Infant with prenatal substance exposure” means a child not more than 1 year of age who is born with and identified as being affected by substance abuse or withdrawal symptoms or a fetal alcohol spectrum disorder. The health-care provider involved in the delivery or care of the infant shall determine whether the infant is affected by the substance exposure.
(5) “Internal information system” is as defined in § 902 of this title.
(6) “Investigation Coordinator” is as defined in § 902 of this title.
(7) “Plan of Safe Care” or “Plan” means a written or electronic plan to ensure the safety and well-being of an infant with prenatal substance exposure following the release from the care of a health-care provider by addressing the health and substance use treatment needs of the infant and affected family or caregiver, and monitoring these plans to ensure appropriate referrals are made and services are delivered to the infant and affected family or caregiver. The monitoring of these plans may be time limited based upon the circumstances of each case.
(8) “Substance abuse” means the chronic, habitual, regular, or recurrent use of alcohol, inhalants, or controlled substances as identified in Chapter 47 of this title.
(9) “Withdrawal symptoms” means a group of behavioral and physiological features in the infant that follow the abrupt discontinuation of a drug that has the capability of producing physical dependence. Withdrawal symptoms resulting exclusively from a prescription drug used by the mother or administered to the infant under the care of a prescribing medical professional, in compliance with the directions for the administration of the prescription as directed by the prescribing medical professional, its compliance and administration verified by the health-care provider involved in the delivery or care of the infant, and no other risk factors to the infant are present, is not included in the definition and does not warrant a notification to the Division under § 903B of this title.
81 Del. Laws, c. 257, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9B. Infants with Prenatal Substance Exposure. › § 903B. Notification to Division; immunity from liability.

§ 903B. Notification to Division; immunity from liability.
(a) The health-care provider who is involved in the delivery or care of an infant with prenatal substance exposure shall make a notification to the Division by contacting the Division report line as identified in § 905 of this title.
(b) When 2 or more persons who are required to make a notification have joint knowledge of an infant with prenatal substance exposure, the telephone notification may be made by 1 person with joint knowledge who was selected by mutual agreement of those persons involved. The notification must include all persons with joint knowledge of an infant with prenatal substance exposure at the time the notification is made. Any person who has knowledge that the individual who was originally designated to make the notification has failed to do so, shall immediately make a notification.
(c) A notification made under this section is not to be construed to constitute a report of child abuse or neglect under § 903 of this title, unless risk factors are present that would jeopardize the safety and well-being of the infant.
(d) The immunity provisions under § 908 of this title will also apply to this chapter.
81 Del. Laws, c. 257, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9B. Infants with Prenatal Substance Exposure. › § 904B. Notification information.

§ 904B. Notification information.
(a) Upon receipt of a notification of an infant with prenatal substance exposure, the Division shall enter it into the Division's internal information system.
(b) Upon receipt of a notification of an infant with prenatal substance exposure, the Division shall notify the office of the Investigation Coordinator of the notification in sufficient detail to permit the Investigation Coordinator to undertake its duties as specified in § 906 of this title.
81 Del. Laws, c. 257, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9B. Infants with Prenatal Substance Exposure. › § 905B. State response to notifications of infants with prenatal substance exposure.

§ 905B. State response to notifications of infants with prenatal substance exposure.
(a) In implementing the Division's role in protecting the safety and well-being of infants with prenatal substance exposure, upon receipt of a notification under § 903B of this title, the Division shall do all of the following:
(1) Determine if the case requires an investigation or family assessment.
(2) Develop a Plan of Safe Care.
(3) Provide copies of the Plan of Safe Care to all agencies and providers involved in the care or treatment of the infant with prenatal substance exposure and affected family or caregiver.
(4) Implement and monitor the provisions of the Plan of Safe Care.
(b) For any case accepted by the Division for investigation or family assessment, the Division may contract for services to comply with §§ 906 and 905B of this title.
(c) For cases that are not accepted by the Division for investigation or family assessment, or those cases accepted for family assessment where the report does not involve a multidisciplinary case under § 906(e)(3) of this title, but that still meet the definition of an infant with prenatal substance exposure, the Division shall contract for services to do any of the following:
(1) Protect the safety and well-being of the infant with prenatal substance exposure following release from the care of health-care providers while preserving the family unit whenever the safety of the infant is not jeopardized.
(2) Develop a Plan of Safe Care.
(3) Provide copies of the Plan of Safe Care to all agencies and providers involved in the care or treatment of the infant with prenatal substance exposure and affected family or caregiver.
(4) Implement and monitor the provisions of the Plan of Safe Care.
(5) Provide a final report to the Division to assist the Division in complying with §  906B of this title.
(d) For any case referred for contracted services under this chapter, the contractor shall immediately notify the Division if it determines that an investigation is required or is otherwise appropriate under § 906 of this title. The contracted staff who have conducted the assessment may remain involved in the provision of services to the child and family as appropriate.
(e) In implementing the Investigation Coordinator's role in ensuring the safety and well-being of infants with prenatal substance exposure, the Investigation Coordinator, or the Investigation Coordinator's staff, shall have electronic access and the authority to track within the Department's internal information system each notification of an infant with prenatal substance exposure.
81 Del. Laws, c. 257, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9B. Infants with Prenatal Substance Exposure. › § 906B. Data and reports.

§ 906B. Data and reports.
(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.
81 Del. Laws, c. 257, § 1;  83 Del. Laws, c. 364, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 10. HOSPITALS › § 1001. “Hospital” defined [For application of this section, see 83 Del. Laws, c. 102, § 2].

§ 1001. “Hospital” defined [For application of this section, see 83 Del. Laws, c. 102, § 2].
(a) As used in this chapter, “hospital” means a health-care organization that has a governing body, an organized medical and professional staff, and inpatient facilities, and provides either medical diagnosis, treatment and care, nursing and related services for ill and injured patients, or rehabilitation services for the rehabilitation of ill, injured or disabled patients 24 hours per day, 7 days per week and primarily engaged in providing inpatient services.
(b) Hospitals may be further classified as:
(1) General. —
Providing diverse patient services, diagnostic and therapeutic, for a variety of medical conditions. A general hospital must provide on-site:
a. Diagnostic x-ray services with facilities and staff for a variety of procedures.
b. Clinical laboratory services with facilities and with anatomical pathology services regularly and conveniently available.
c. Operating room service with facilities and staff.
d. Emergency department with facilities and staff.
(2) Long-term care. —
Providing inpatient services for patients whose medically-complex conditions require a long hospital stay with an average length of stay of greater than 25 days.
(3) Psychiatric. —
Providing services for the diagnosis and treatment of patients with psychiatric-related illness.
(4) Rehabilitation. —
Providing intensive inpatient rehabilitative services for 1 or more conditions requiring rehabilitation.
(5) Surgical. —
Providing inpatient and outpatient surgical and related services in which the anticipated duration of the patient's stay will not exceed 72 hours following admission. A surgical hospital must provide all of the following services on-site:
a. Diagnostic x-ray services with facilities and staff for a variety of procedures.
b. Clinical laboratory services with facilities and anatomical pathology services regularly and conveniently available.
c. Operating room service with facilities and staff.
d. Basic emergency care.
(c) Hospitals classified under paragraphs (b)(2) through (4) of this section shall not be required to comply with the provisions of paragraph (b)(1) of this section, but must, at a minimum, provide on-site basic emergency care services.
16 Del. C. 1953, §  1021;  56 Del. Laws, c. 360;  70 Del. Laws, c. 149, §  87;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 404, §  1;  82 Del. Laws, c. 73, § 1;  83 Del. Laws, c. 102, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 10. HOSPITALS › § 1002. Regulations.

§ 1002. Regulations.
(a) The Department shall develop, establish and enforce standards governing the construction, maintenance and operation of hospitals to protect and promote the public health and welfare.
(b) The Department shall further adopt regulations to ensure that hospital staff have ready access to a locked hospital bathroom in the event of an emergency.
16 Del. C. 1953, §  1027;  56 Del. Laws, c. 360;  70 Del. Laws, c. 149, §  92;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 243, §  1;  82 Del. Laws, c. 73, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 10. HOSPITALS › § 1003. License requirement.

§ 1003. License requirement.
(a) No person shall construct, establish, conduct or maintain a hospital in this State without a license being issued under this chapter.
(b) A license is not transferable from person to person or entity to entity.
(c) Separate licenses.
(1) Separate licenses are required for hospitals maintained on separate premises, even though both hospitals may be operated under the same management.
(2) Separate licenses are not required for separate buildings on the same grounds or adjoining grounds, if the buildings are operated under 1 management.
(3) All off-site ambulatory care service facilities must be licensed as free-standing facilities if identified as such in § 122(3) of this title.
16 Del. C. 1954, §  1023;  56 Del. Laws, c. 360;  82 Del. Laws, c. 73, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 10. HOSPITALS › § 1004. Application for license.

§ 1004. Application for license.
An application for license shall be made to the Department upon forms provided by it and shall contain such information as the Department may reasonably require including affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed under this chapter.
16 Del. C. 1953, §  1024;  56 Del. Laws, c. 360;  70 Del. Laws, c. 149, §  88;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 73, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 10. HOSPITALS › § 1005. Issuance and renewal of license.

§ 1005. Issuance and renewal of license.
(a) The Department shall grant an initial license for a period of up to 1 year to a new hospital that completes the application process, submits the nonrefundable application fee of $1,000 plus $2 per licensed inpatient bed and $500 for each emergency department not located on the hospital's main campus, and demonstrates compliance with the requirements established under this chapter.
(b) The Department shall renew annually a hospital's license, unless suspended or revoked, upon filing by the hospital, payment of an annual licensure fee of $750 plus $2 per licensed inpatient bed and $500 for each emergency department not located on the hospital's main campus, and demonstration of its continued compliance with the requirements established under this chapter.
(c) The Department may grant a provisional license to a hospital which is not in substantial compliance with the requirements established under this chapter. A hospital which has been issued a provisional license shall resubmit the initial application fee for reinspection prior to the issuance of an annual license.
(d) The licensure fees collected by the Department pursuant to this section are hereby appropriated to, and shall be retained by, the Department to defray operating expenses associated with this chapter.
16 Del. C. 1953, §  1025;  56 Del. Laws, c. 360;  67 Del. Laws, c. 266, §  5;  70 Del. Laws, c. 149, §  89;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 73, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 10. HOSPITALS › § 1006. Denial or revocation of license, hearings and appeal.

§ 1006. Denial or revocation of license, hearings and appeal.
(a) The Department shall have the authority to deny, suspend, or revoke a license in any case where it finds that there has been a failure to comply with this chapter or the rules and regulations issued under this chapter or the Health-Care Associated Infections Disclosure Act [Chapter 10A of this Title] § 1731A of Title 24 or § 903 of this title.
(b) Before a license issued under this chapter is denied, suspended or revoked, notice shall be given in writing to the holder of the license setting forth the particular reasons for such action. Denial, suspension or revocation of a license shall become effective 30 days after the mailing by registered mail or personal service of the notice, unless the applicant or licensee within such 30 day period shall give written notice to the Department requesting a hearing, in which case the notice shall be deemed to be suspended. If a hearing has been requested, the applicant or licensee shall be given an opportunity for a prompt and fair hearing before the Department. At any time at or prior to the hearing, the Department may rescind the notice of denial, suspension or revocation, upon being satisfied that the reasons for such action have been or will be removed. A copy of the decision of the Department setting forth the finding of facts and the particular reasons for the decision shall be sent by registered mail or served personally upon the applicant or licensee. The decision shall become final 30 days after it is so mailed or served unless the applicant or licensee within such 30-day period appeals the decision to the Superior Court. A copy of said notice of appeal must be provided simultaneously to the Department. The Department shall promptly certify and file with the Court a copy of the record and decision, including the transcript of the hearings on which the decision is based. Proceedings thereafter shall be governed by the Rules of the Superior Court of the State.
(c) The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the Department. A full and complete record shall be kept of all proceedings and all testimony.
16 Del. C. 1953, §  1026;  56 Del. Laws, c. 360;  70 Del. Laws, c. 149, §§  90, 91;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 122, §  2;  77 Del. Laws, c. 320, §  7;  82 Del. Laws, c. 73, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 10. HOSPITALS › § 1007. Enforcement.

§ 1007. Enforcement.
(a) Any person constructing, managing or operating any hospital without a license shall be fined not more than $5,000 for the first offense and not more than $10,000 for each subsequent offense. Each day of a continuing violation shall be considered a separate offense.
(b) The Department may impose civil money penalties for the violation of provisions of this chapter or the regulations adopted pursuant to it.
(1) A licensee or other person is liable for a civil money penalty of not more than $10,000 per violation for violations which the Department determines pose a serious threat to the health and safety of a patient. Each day a violation continues constitutes a separate violation.
(2) In determining the amount of a civil money penalty imposed pursuant to subsection (a) of this section or this subsection, the Department shall consider the following factors:
a. The seriousness of the violation, including the nature, circumstances, extent and gravity of the violation and the threat or potential threat to the health or safety of patients;
b. The history of violations committed by the person or the person's affiliate, employee, or controlling person;
c. The efforts made by the hospital to correct the violation;
d. Any misrepresentation made to the Department; and
e. Any other matter that affects the health, safety or welfare of a patient.
(c) The Department shall have the authority to collect any civil money penalty. Any civil money penalties collected by the Department under this section are hereby appropriated to the Department to carry out the purposes of this section.
(1) Payment of any civil penalty by a facility is not an allowable cost for reimbursement under the state Medicaid program or under other state-funded programs.
(2) In the event of nonpayment of a civil money penalty the Department may add the amount of the civil penalty to the licensing fee for the hospital. If the licensee refuses to make the payment at the time of the application for renewal of its license its license may not be renewed.
(3) In the event of nonpayment of a civil money penalty after all legal appeals have been exhausted, a civil action may be brought by the Secretary in Superior Court for collection of the civil money penalty, including interest, attorney fees and costs. In a civil action to collect the civil money penalty the validity, amount and appropriateness of the civil money penalty shall not be subject to review.
16 Del. C. 1953, §  1027;  56 Del. Laws, c. 360;  70 Del. Laws, c. 149, §  92;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 243, §  1;  82 Del. Laws, c. 73, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 10. HOSPITALS › § 1008. Injunction.

§ 1008. Injunction.
Notwithstanding the existence or pursuit of any other remedy, the Department may, in the manner provided by law, maintain an action in the name of the State for injunction or other process against any person to restrain or prevent the construction, maintenance or operation of a hospital without a license.
16 Del. C. 1953, §  1036;  56 Del. Laws, c. 360;  70 Del. Laws, c. 149, §  98;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 73, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 10. HOSPITALS › § 1009. Construction.

§ 1009. Construction.
(a) All construction, whether new or renovation, must conform to the design and construction standards established by the Department.
(1) A “renovation” is:
a. The strengthening or upgrading of building elements, materials, equipment, or fixtures that does not result in a reconfiguration of the building spaces within; or
b. Any reconfiguration of a space that affects an exit, a corridor, or any component of a means of egress; or
c. Work that changes the current designated purpose or occupancy classification of a building space.
(2) Cosmetic changes such as repainting or changing carpeting are not considered renovations.
(b) When a hospital plans to construct or renovate any buildings or spaces within a building, 2 copies of properly-prepared plans and specifications for the entire project shall be submitted to the Department.
(c) An approval, in writing, shall be obtained from the Department before construction or renovation work is begun.
(d) Hospitals wishing to construct or renovate must apply to the Department and submit the appropriate fee for approval. The fee structure for plan review shall be as follows:
New Construction
Square footage
Fee
10,000 or less
$250
10,001-20,000
$300
20,001-30,000
$350
30,001-40,000
$400
40,001-50,000
$450
50,001-above
$500
Renovations
Square footage
Fee
5,000 or less
$100
5,001-10,000
$150
10,001-15,000
$200
15,001-20,000
$250
20,001-25,000
$300
25,001-30,000
$350
30,001-35,000
$400
35,001-40,000
$450
40,001-above
$500
(e) After the hospital has submitted all required documentation, the Department shall review the submission within a timeframe agreed upon by both parties.
(f) Hospitals failing to complete the plan review process and receive approval prior to construction or renovation shall be subject to a $5,000 fine for each project.
(g) Any licensure fees or fines collected by the Department pursuant to this section are hereby appropriated to, and shall be retained by, the Department to defray operating expenses associated with this chapter.
82 Del. Laws, c. 73, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 10. HOSPITALS › § 1010. Inspections and investigations.

§ 1010. Inspections and investigations.
(a) The Department shall make or cause to be made such inspections and investigations of a hospital as it may deem necessary.
(b) The Department shall accept the survey report of an approved accrediting organization, as defined by regulations, in lieu of an annual licensure inspection.
16 Del. C. 1953, §  1029;  56 Del. Laws, c. 360;  70 Del. Laws, c. 149, §  94;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 73, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 10. HOSPITALS › § 1012. Reportable events.

§ 1012. Reportable events.
(a) Hospitals must report all major adverse incidents involving a patient to the Department within 10 calendar days.
(1) A major adverse incident is a patient safety event (not primarily related to the natural course of the patient's illness or underlying condition) that reaches a patient. The Department shall define “major adverse incident” and provide further clarification in regulation.
(2) Major adverse incidents must be investigated by the hospital.
(3) A summary of the hospital's investigative findings will be forwarded to the Department within a timeframe agreeable to both parties.
(b) Hospitals must notify the Department immediately of any event occurring within the hospital that jeopardizes the health or safety of patients or employees including:
(1) An unscheduled interruption for 3 or more hours of physical plant or clinical services impacting the health or safety of patients or employees.
(2) A fire, disaster or accident which results in evacuation of patients out of the hospital.
(3) An alleged or suspected crime which endangers the life or safety of patients or employees, which is also reportable to the police department, and which results in an immediate on-site investigation by the police.
(4) An alleged incident of medication diversion, as defined under § 1131 of this title.
(c) Information submitted as a major adverse incident is considered peer review information and not subject to public disclosure except as aggregate data.
16 Del. C. 1953, §  1033;  56 Del. Laws, c. 360;  70 Del. Laws, c. 149, §  96;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 73, § 1;  83 Del. Laws, c. 22, § 11;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 10. HOSPITALS › § 1013. Designation of hospitals as primary stroke centers.

§ 1013. Designation of hospitals as primary stroke centers.
(a) The Secretary of Health and Social Services shall designate as a comprehensive stroke center any acute care hospital within Delaware, or an out-of-state acute care hospital upon request, which has received Advanced Certification for Comprehensive Stroke Centers issued by the Joint Commission or an equivalent certification by another nationally-recognized guidelines-based accrediting organization as determined by the Secretary.
(b) The Secretary of Health and Social Services shall designate as a primary stroke center any acute care hospital within Delaware, or an out-of-state acute care hospital upon request, which has received Advanced Certification for Primary Stroke Centers issued by the Joint Commission or an equivalent certification by another nationally-recognized guidelines-based accrediting organization as determined by the Secretary.
(c) The Secretary of Health and Social Services shall designate as an acute stroke ready center any acute health-care facility within Delaware, or an out-of-state acute health-care facility upon request, which has received Advanced Certification for Acute Stroke Ready Centers issued by the Joint Commission or an equivalent certification by another nationally-recognized guidelines-based accrediting organization as determined by the Secretary.
(d) The Secretary of Health and Social Services shall designate as a thrombectomy-capable stroke center any acute health-care facility within Delaware, or an out-of-state acute health-care facility upon request, which has received Advanced Certification for Thrombectomy-Capable Stroke Centers issued by the Joint Commission or an equivalent certification by another nationally-recognized guidelines-based accrediting organization as determined by the Secretary.
(e) The Secretary of Health and Social Services may establish other distinct categories of stroke center certification if additional categories are established by the Joint Commission or by an equivalent nationally recognized guidelines-based accrediting organization as determined by the Secretary, and may designate any acute health-care facility as such based on certification by the Joint Commission or other nationally-recognized guidelines-based accrediting organization.
(f) The Secretary of Health and Social Services shall suspend or revoke a facility's designation as a comprehensive stroke center, primary stroke center, acute stroke ready center or other categorization if the Joint Commission or equivalent nationally-recognized guidelines-based accrediting organization as determined by the Secretary suspends or revokes a facility's certification.
76 Del. Laws, c. 299, §  1;  80 Del. Laws, c. 404, §  2;  82 Del. Laws, c. 73, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 10. HOSPITALS › § 1014. Hospital visitation policy.

§ 1014. Hospital visitation policy.
(a) Each hospital shall include in its visitation policy a provision allowing each competent adult patient to receive visits from any individual from whom a patient desires to receive visits, subject to restrictions contained in the visitation policy related to a patient's medical condition, the number of visitors simultaneously permitted in a patient's room, and the hospital's visitation hours, as well as protective orders issued by a court.
(b) The duties and rights conferred by this section are in addition to, and not in derogation of, duties and rights otherwise conferred by law, including §§ 2508 and 5161 of this title.
(c) Nothing in this chapter shall preclude a hospital from restricting visitations due to:
(1) Attempts to interfere with patient care; or
(2) The presentation of a threat to staff, patients or hospital personnel; or
(3) Actions disruptive to hospital operations; or
(4) Pandemic or infectious disease outbreak.
(d) Except as provided in subsection (c) of this section, nothing in this section shall be read to overrule any decision of the Delaware Department of Correction.
77 Del. Laws, c. 49, §  1;  82 Del. Laws, c. 73, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 10. HOSPITALS › § 1015. Confidentiality of proprietary information.

§ 1015. Confidentiality of proprietary information.
Information obtained by the Secretary under this chapter shall be available to the public as provided in Chapter 100 of Title 29, unless the Secretary certifies such information to be proprietary. The Secretary may make such certification where any person shows to the satisfaction of the Secretary that the information, or parts thereof, if made public, would divulge methods, processes or activities entitled to protection as trade secrets or as confidential financial or commercial information. Nothing in this section shall be construed as limiting the disclosure of information by the Secretary to any officer, employee or authorized representative of the state or federal government to effectuate the purposes of this chapter. Furthermore, nothing in this section shall prevent the Secretary from including in the remedial decision record information concerning the cost of the remedy or the manner in which it is performed. Prior to disclosure of information certified by the Secretary to be proprietary to an authorized representative who is not an officer or employee of the state or federal government, the person providing the proprietary information may require the representative to sign an agreement prohibiting disclosure of such information to anyone not authorized by this chapter or the terms of the agreement. Such agreement shall not preclude disclosure by the representative to any state or federal government officer or employee concerned with effecting this chapter.
77 Del. Laws, c. 49, §  1;  82 Del. Laws, c. 73, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 10A. HEALTH-CARE ASSOCIATED INFECTIONS DISCLOSURE ACT › § 1001A. Short title.

§ 1001A. Short title.
This chapter may be cited as the “Health-care Associated Infections Disclosure Act.”
76 Del. Laws, c. 122, §  1;  78 Del. Laws, c. 351, §  1;