reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter II. Uniform Anatomical Gift Act › § 2716. Rights and duties at death.

§ 2716. Rights and duties at death.
(a) The donee may accept or reject the gift. If the donee accepts a gift of the entire body, the donee may, subject to the terms of the gift, authorize embalming and the use of the body in funeral services. If the gift is of a part of the body, the donee, upon the death of the donor and prior to embalming, shall cause the part to be removed without unnecessary mutilation. After removal of the part, custody of the remainder of the body vests in the surviving spouse, next of kin or other persons under obligation to dispose of the body. The heir of any donor, at the time the disposition of the body takes place, may submit a request in writing to the donee that the body be returned to the heir at such time as the donee either refuses the disposition of the entire body or the parts thereof or determines that the donee no longer has use of the remains.
(b) A surgeon, physician, funeral director, recovery specialist or eye bank technician who is authorized to remove any part in accordance with this subchapter is also authorized to draw or secure a blood sample from the donor, in order to screen the tissue received for medical purposes.
(c) The time of death shall be determined by a physician who attends the donor at the donor's death or, if none, the physician who certifies the death. This physician shall not participate in the procedures for removing or transplanting a part.
(d) A person who acts in good faith in accord with the terms of this subchapter or under the anatomical gift laws of another state (or a foreign country) is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for that act.
(e) Where no other provision for the same exists, a body, or the remains thereof, after it is no longer needed for the purpose indicated by the donor, may be buried at public expense on order of the Medical Council of Delaware, but in no case shall the expense of the burial exceed $100.
(f) This subchapter is subject to the laws of this State prescribing powers and duties with respect to autopsies. The OPO is authorized to obtain a copy of an autopsy report in a timely fashion upon request and payment of reasonable copying fees.
24 Del. C. 1953, §  1786;  57 Del. Laws, c. 445, §  2;  65 Del. Laws, c. 335, §§  1, 2;  65 Del. Laws, c. 487, §  3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 453, §  5;  80 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter II. Uniform Anatomical Gift Act › § 2717. Uniformity of interpretation.

§ 2717. Uniformity of interpretation.
This subchapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
24 Del. C. 1953, §  1787;  57 Del. Laws, c. 445, §  2;  65 Del. Laws, c. 487, §  3;  80 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter II. Uniform Anatomical Gift Act › § 2718. Short title.

§ 2718. Short title.
This subchapter may be cited as the “Uniform Anatomical Gift Act.”
24 Del. C. 1953, §  1788;  57 Del. Laws, c. 445, §  2;  65 Del. Laws, c. 487, §  3;  80 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter II. Uniform Anatomical Gift Act › § 2722. Confidentiality requirement.

§ 2722. Confidentiality requirement.
(a) General rule. — Except as provided in subsection (b) of this section, no procurement organization may divulge any individually identifiable information acquired in the course of performing its responsibilities under this chapter except for the purpose of facilitating organ, eye or tissue donation and transplantation or as otherwise required under applicable laws.
(b) Donors and recipients. — The identity of the donor and of the recipient may not be communicated unless expressly authorized by:
(1) The recipient;
(2) If the donor is alive, the donor; and
(3) If the donor is deceased, the next-of-kin of the donor.
80 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter II. Uniform Anatomical Gift Act › § 2723. Donate Life Delaware Registry.

§ 2723. Donate Life Delaware Registry.
(a) The database maintained by the Department of Transportation to record donor designations shall be known as the “Donate Life Delaware Registry.” The Registry shall include only affirmative donation decisions. Registration by a donor in the Registry shall constitute sufficient authorization to donate organs and tissues for transplantation and therapy.
(b) The Department of Transportation shall provide access by residents of the State to an internet-based interface that promotes organ and tissue donation and enables residents 18 years of age or older who apply for, hold, or seek to renew a Delaware driver's license or identification card or otherwise have a record in the database to register as donors and have their decisions integrated into the Donate Life Delaware Registry. The form and content of the interface shall be maintained in collaboration with the OPO.
(c) By October 3, 2016, the Department of Transportation shall establish a system which allows individuals who apply for, hold, or seek to renew a Delaware driver's license or identification card, or otherwise have a record in the database to add their donor designation to the Donate Life Delaware Registry by submitting a form to the Department at no cost to the registrant. The Department of Transportation may also provide the opportunity to individuals who do not otherwise have a record in the database to add a record and the donor designation to the Donate Life Delaware Registry.
(d) Donor designation information entered into the Donate Life Delaware Registry shall supersede prior conflicting information:
(1) Provided to the Donate Life Delaware Registry;
(2) On the individual's physical driver's license or identification card;
(3) On an advance health-care directive;
(4) Submitted under § 2711 of this title; or
(5) Submitted under any other statutory provision.
(e) An information technology system adopted by the Department of Transportation or its successor after October 3, 2015, shall continue to accommodate the inclusion of donor designation information into the database and the ongoing operation of the Donate Life Delaware Registry.
80 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter II. Uniform Anatomical Gift Act › § 2724. Organ donation designation on driver's license or identification card.

§ 2724. Organ donation designation on driver's license or identification card.
Beginning as soon as practicable but no later than July 1, 1998, the Delaware Division of Motor Vehicles shall modify the driver's license and identification card application process and renewal system to obtain information regarding an individual's consent to anatomical donation, including a process to allow persons under age 18 to register as donors with parental consent as defined in § 2711(b) of this title. The following question shall be asked:
Do you wish to have the organ donor designation printed on your driver's license?
Only an affirmative response of an individual shall be noted on the front of the driver's license or identification card with the word “Organ Donor” or a symbol indicating the donor designation and recorded in the Donate Life Delaware Registry. The Department shall record and store all donor designations in the Donate Life Delaware Registry, regardless of whether a driver's license or identification card is issued. The OPO shall be given access to the foregoing donor information 24 hours a day through the Division of Motor Vehicles computer database. Notwithstanding the Driver's Privacy Protection Act, § 305 of Title 21, the Division of Motor Vehicles is authorized to provide the OPO with the foregoing donor information. The OPO shall not be assessed a fee or other charges for such access. The donor designation on the driver's license or identification card or inclusion in the Donate Life Delaware Registry shall be deemed sufficient to satisfy all requirements for consent to organ and tissue donation.
71 Del. Laws, c. 453, §  8;  80 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter II. Uniform Anatomical Gift Act › § 2725. Collaboration between departments and organ procurement organizations.

§ 2725. Collaboration between departments and organ procurement organizations.
(a) The Department of Transportation, in consultation with the OPO, shall establish an annual education program for employees of the Department of Transportation. The program shall focus on:
(1) Benefits associated with organ and tissue donations;
(2) Scope and operation of the State's donor program; and
(3) How the employees can:
a. Effectively inform the public about the donor program; and
b. Best assist those wishing to designate as donors, including use of the Donate Life Delaware Registry.
(b) State agencies are encouraged to collaborate with the OPO on initiatives designed to enhance awareness of organ and tissue donation and may collaborate with the OPO in applying for federal, state or private grants.
80 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter II. Uniform Anatomical Gift Act › § 2726. Liability.

§ 2726. Liability.
A person who acts in good faith in accord with the terms of this subchapter is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for that act.
65 Del. Laws, c. 487, §  4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 453, §  9;  80 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter II. Uniform Anatomical Gift Act › § 2728. Organ and Tissue Donor Awareness Trust Fund contributions.

§ 2728. Organ and Tissue Donor Awareness Trust Fund contributions.
The Delaware Department of Finance shall provide a space on the face of the state individual income tax return for the 1998 tax year and each year thereafter whereby an individual may voluntarily designate a contribution of any amount desired to the Fund. The amount so designated by an individual on the state income tax return form shall be deducted from the tax refund to which the individual is entitled or added to the individual's payment and shall not constitute a charge against the income tax revenues due the State.
71 Del. Laws, c. 453, §  10;  73 Del. Laws, c. 179, §  3;  80 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter II. Uniform Anatomical Gift Act › § 2729. Organ and Tissue Donation Awareness Trust Fund.

§ 2729. Organ and Tissue Donation Awareness Trust Fund.
(a) There is hereby created a special fund in the State Treasury to be known as the Organ and Tissue Donor Awareness Trust Fund.
(b) Moneys deposited into the Fund and interest which accrues from those funds are hereby appropriated to the Organ and Tissue Donor Awareness Board as a continuing appropriation, to be distributed by the board in the manner provided in and for the purposes delineated in § 2730 of this title. Funds in the Organ and Tissue Donor Awareness Fund shall not lapse.
71 Del. Laws, c. 453, §  10;  73 Del. Laws, c. 179, §  4;  80 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter II. Uniform Anatomical Gift Act › § 2730. Organ and Tissue Donor Awareness Board.

§ 2730. Organ and Tissue Donor Awareness Board.
(a) There is hereby established an Organ and Tissue Donor Awareness Board comprised of 9 members to be appointed by the Governor. The members of the Board shall include a representative of the federally certified organ procurement organization serving Delaware, a representative of an eye bank located in Delaware, a transplant recipient, a donor family member, a physician having special interest in the area of transplantation, a current officer, employee or board member of a Delaware acute care general hospital, 1 representative each from the Department of Health and Social Services, the Department of Education and the Division of Motor Vehicles. Members of the Board shall serve for 3-year terms and may be appointed to successive terms by the Governor. Members of the Board shall serve without compensation, but shall be reimbursed for all reasonable and necessary travel and other expenses incurred in the performance of their duties under this section.
(b) The Board shall have the power and its duty shall be:
(1) To develop donor awareness programs in Delaware, including but not limited to a promotional campaign to encourage Delaware residents to register as donors through the State's driver's license program; educational programs in secondary schools; and an education and awareness campaign for Delaware state employees;
(2) From moneys in the Organ and Tissue Donor Awareness Trust Fund or otherwise made available to the Board, to award grants or make and enter into contracts with any person, association, partnership or corporation for the development, design and implementation of donor awareness programs in Delaware.
(3) To appoint officers, agents, employees and servants, and to prescribe their duties and fix their compensation; provided, that the Board shall have the authority to obtain staff support, office space, equipment and supplies from any state department, with or without compensation;
(4) To make and execute contracts and other instruments necessary or convenient for the conduct of its business and the exercise of the authority of the Board;
(5) To apply for and accept appropriations, grants, loans and other assistance from, and to enter into contracts, agreements or other transactions with the federal government, the state government, political subdivisions, persons, associations, partnerships or corporations for the development, design and implementation of donor awareness programs in Delaware;
(6) To do all acts and things necessary to carry out the powers granted to it by this act.
71 Del. Laws, c. 453, §  10;  80 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter II. Uniform Anatomical Gift Act › § 2731. Relation to Electronic Signatures in Global and National Commerce Act.

§ 2731. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7001 et seq.) but does not modify, limit or supersede § 101(c) [15 U.S.C. § 7001(c)] of the Electronic Signatures in Global and National Commerce Act or authorize electronic delivery of any of the notices described in § 103(b) [15 U.S.C. § 7003(b)] of the Electronic Signatures in Global and National Commerce Act.
80 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter III. Nondiscrimination in Access to Organ Transplantation › § 2741. Legislative intent.

§ 2741. Legislative intent.
The General Assembly finds that:
(1) A mental or physical disability does not diminish a person's right to health care;
(2) The “Americans with Disabilities Act of 1990” [42 U.S.C. § 12101 et seq.] prohibits discrimination against persons with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical health-care services;
(3) Individuals with mental and physical disabilities are at risk of being denied life-saving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with post-transplant medical regimens, or that they lack adequate support systems to ensure such compliance;
(4) Although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is suitable to receive an organ transplant, transplant centers that participate in Medicare, Medicaid, and other federal funding programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs; and
(5) Delaware residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.
81 Del. Laws, c. 169, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter III. Nondiscrimination in Access to Organ Transplantation › § 2744. Remedies.

§ 2744. Remedies.
(a) Any person subjected to discrimination in violation of this subchapter or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of this subchapter may bring an action in the Court of Chancery for injunctive or other equitable relief.
(b) The Court shall accord priority on its calendar and expeditiously proceed with an action brought under this section.
(c) Nothing in this section is intended to limit or replace available remedies under the Americans with Disabilities Act [42 U.S.C. § 12101 et seq.] or any other applicable law.
81 Del. Laws, c. 169, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 28. SPERM BANK AND TISSUE BANK REGISTRY › § 2801. Establishment of registry; testing of donors; penalties.

§ 2801. Establishment of registry; testing of donors; penalties.
(a) The Department of Health and Social Services shall establish a registry of all sperm banks and tissue banks operating in this State. All sperm banks and tissue banks operating in this State shall register with the Department of Health and Social Services by May 1 of each year. Any person, hospital, clinic, corporation, partnership or other legal entity which operates a sperm bank or tissue bank in this State and fails to register with the Department of Health and Social Services pursuant to this section shall be subject to a fine of $5,000.
(b) All donors of semen for purposes of artificial insemination, or donors of corneas, bones, organs or other human tissue for the purpose of injecting, transfusing or transplanting any of them in the human body, shall be tested for evidence of exposure to human immunodeficiency virus (HIV) and any other identified causative agent of Acquired Immunodeficiency Syndrome (AIDS) at the time of or after the donation, but prior to the semen, corneas, bones, organs or other human tissue being made available for such use. However, when in the opinion of the attending physician the life of a recipient of a bone, organ or other human tissue donation would be jeopardized by delays caused by testing for evidence for exposure to HIV and any other causative agent of AIDS, testing shall not be required prior to the life-saving measures.
(c) No person may intentionally, knowingly, recklessly or negligently use the semen, corneas, bones, organs or other human tissue of a donor unless the requirements of subsection (b) of this section have been met. No person may knowingly, recklessly or intentionally use the semen, corneas, bones, organs or other human tissue of a donor who has tested positive for exposure to HIV or any other identified causative agent of AIDS, except that this subsection shall not apply to the recovery and use of organs or other anatomical gifts as authorized under federal law for research and/or transplant from a donor who has tested positive for exposure to HIV where the intended recipients have also tested positive for exposure to HIV. Violation of this subsection shall be a class E felony.
(d) For the purposes of this section, “tissue bank” means any facility or program that is involved in procuring, furnishing, donating, processing or distributing corneas, bones, organs or other human tissue for the purpose of injecting, transfusing or transplanting any of them in the human body.
66 Del. Laws, c. 335, §  1;  70 Del. Laws, c. 147, §§  11, 12;  81 Del. Laws, c. 12, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 29. CLEAN INDOOR AIR ACT › § 2901. Legislative intent.

§ 2901. Legislative intent.
The General Assembly finds that it is in the best interest of the people of this State to protect nonsmokers from involuntary exposure to environmental tobacco smoke and emissions produced by electronic smoking devices in most indoor areas open to the public, public meetings, food service establishments and places of employment.
The General Assembly recognizes that a balance should be struck between the health concerns of nonconsumers of tobacco products and the need to minimize unwarranted governmental intrusion into and regulation of private spheres of conduct and choice with respect to the use or nonuse of tobacco products in certain designated public areas and in private places. Therefore, the General Assembly declares that the purpose of this act is to preserve and improve the health, comfort and environment of the people of this State by limiting exposure to tobacco smoke and emissions produced by electronic smoking devices.
69 Del. Laws, c. 287, §  1;  80 Del. Laws, c. 81, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 29. CLEAN INDOOR AIR ACT › § 2903. Smoking restrictions.

§ 2903. Smoking restrictions.
Except as is provided in § 2904 of this title, and in order to reduce the levels of exposure to environmental tobacco smoke and emissions produced by electronic smoking devices, smoking shall not be permitted and no person shall smoke in any indoor enclosed area to which the general public is invited or in which the general public is permitted, including, but not limited to:
(1) Public meetings;
(2) Elevators;
(3) Government owned and/or operated means of mass transportation including buses, vans, trains, taxicabs and limousines;
(4) Grocery stores;
(5) Gymnasiums;
(6) Jury waiting and deliberation rooms;
(7) Courtrooms;
(8) Child day care facilities;
(9) Health-care facilities including hospitals, health care clinics, doctor's offices or other health-care-related facilities;
(10) Any workplace not exempted;
(11) Restrooms, lobbies, reception areas, hallways and other common-use areas;
(12) Restaurants as licensed by the Division of Public Health or defined by Title 4;
(13) Gaming facilities that are open to the public;
(14) Any indoor sports arena;
(15) Lobbies, hallways and other common areas in apartment buildings, condominiums and other multiple-unit residential facilities;
(16) Lobbies, hallways and other common areas in hotels and motels, and in no less than 75% of the sleeping quarters within a hotel or motel that are rented to guests;
(17) Bowling alleys;
(18) Billiard or pool halls;
(19) Retirement facilities and nursing homes not including any private residence;
(20) Public buildings;
(21) Auditoria;
(22) Theaters;
(23) Museums;
(24) Libraries;
(25) Public and nonpublic schools;
(26) Other educational and vocational institutions.
(27) Establishments defined as a motorsports speedway, tavern or taproom by Title 4.
69 Del. Laws, c. 287, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 316, §  1;  73 Del. Laws, c. 275, §  7;  80 Del. Laws, c. 81, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 29. CLEAN INDOOR AIR ACT › § 2904. Smoking restrictions inapplicable.

§ 2904. Smoking restrictions inapplicable.
This chapter shall not apply to any of the following:
(1) Private homes, private residences, or private vehicles, except when any of the following apply:
a. The home, residence, or vehicle is being used for child care or day care.
b. The private vehicle is being used for the public transportation of children or as part of health-care or day care transportation.
c. A passenger under 16 years of age is in the vehicle.
(2) Any indoor area where private social functions are being held when seating arrangements are under the control of the sponsor of the function and not the owner, operator, manager, or person in charge of the indoor area.
(3) Limousines under private hire, unless a passenger under 16 years of age is in the limousine.
(4) A hotel or motel room rented to 1 or more guests; provided that the total percentage of such hotel or motel rooms does not exceed 25%.
(5) Any fundraising activity or function sponsored by a volunteer fire company, auxiliary of a fire company, or a volunteer ambulance or volunteer rescue company, if the fundraising activity or function takes place upon property owned or leased by the volunteer fire, rescue, or ambulance company.
(6) Any fundraising activity or function sponsored by a fraternal benefit society as defined under § 6201 of Title 18, if the fundraising activity or function takes place upon property owned or leased by the fraternal benefit society.
69 Del. Laws, c. 287, §  1;  73 Del. Laws, c. 275, §  8;  84 Del. Laws, c. 214, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 29. CLEAN INDOOR AIR ACT › § 2905. Posting of signs.

§ 2905. Posting of signs.
“Warning:
Smoking Permitted” signs shall be prominently posted and properly maintained where smoking is permitted pursuant to § 2904(2) and (4) of this title. Such signs shall be posted and maintained by the owner, operator, manager or other person having control of such area. The letters on such signs shall be at least 1 inch in height.
69 Del. Laws, c. 287, §  1;  73 Del. Laws, c. 275, §  9;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 29. CLEAN INDOOR AIR ACT › § 2906. Implementation; rules and regulations.

§ 2906. Implementation; rules and regulations.
(a) The Department of Labor shall adopt rules and regulations as are necessary and reasonable to implement the provisions of this chapter as they apply to employers, employees, places of employment and the work place.
(b) The Department of Health and Social Services shall adopt rules and regulations as are necessary and reasonable to implement remaining provisions of this chapter not affecting employers, employees and the work place.
(c) The Department of Health and Social Services and the Department of Labor may upon request waive the provisions of this chapter if they determine there are compelling reasons to do so, and such waiver will not significantly affect the health and comfort of nonconsumers of tobacco products.
(d) The Department of Health and Social Services and the Department of Labor shall file annual reports by January 15 to the General Assembly outlining their enforcement efforts for the prior year and the results of those efforts. The first report shall be due by November 27, 2002.
69 Del. Laws, c. 287, §  1;  73 Del. Laws, c. 275, §  10;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 29. CLEAN INDOOR AIR ACT › § 2907. Administrative penalties.

§ 2907. Administrative penalties.
(a) Any person who violates any provision of this chapter or any rule or regulation promulgated pursuant thereto shall be subject to an administrative penalty of $100 for a first violation and not less than $250 for each subsequent violation.
(b) Any employer who discharges or in any manner discriminates against an employee because that employee has made a complaint or has given information to the Department of Labor pursuant to this chapter, or because the employee has caused to be instituted or is about to cause to be instituted any proceedings under this chapter, or testified or is about to testify in any such proceedings, shall be deemed in violation of this chapter and shall be subject to a civil penalty of not less than $2,000 nor more than $10,000 for each violation.
69 Del. Laws, c. 287, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 460, §  4;  73 Del. Laws, c. 275, §§  11, 12;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 29. CLEAN INDOOR AIR ACT › § 2908. Vapor establishments.

§ 2908. Vapor establishments.
(a) Vapor establishments are permitted to have emissions produced by electronic smoking devices within their places of business.
(b) Any vapor establishment permitted to have emissions produced by electronic smoking devices in such vapor establishment pursuant to this section, and which permits such emissions, shall prohibit anyone under the age of 21 from entering and shall display a sign at all entrances stating that no one under the age of 21 is allowed in such vapor establishment.
(c) (1) An employee who is under the age of 21 and who is employed by a vapor establishment on July 16, 2019, may continue as an employee of that vapor establishment, if the vapor establishment provides the Division of Alcohol and Tobacco Enforcement with all of the following information:
a. The employee's name.
b. The employee's date of birth.
c. The employer's name.
d. Proof that the employee was employed by the vapor establishment on July 16, 2019, by providing any of the following:
1. A paystub.
2. An Internal Revenue Service W-2 tax form.
3. A state UC-8A quarterly report.
4. Other documentation of monetary pay to an employee by an employer in return for work performed.
(2) The information required under paragraph (c)(1) of this section must be received by the Division of Alcohol and Tobacco Enforcement no later than August 15, 2019.
(3) The Division of Alcohol and Tobacco Enforcement shall retain the information provided under this subsection for 3 years.
80 Del. Laws, c. 81, §  5;  82 Del. Laws, c. 10, § 11;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 29. CLEAN INDOOR AIR ACT › § 2909. Smoking restrictions within vehicles.

§ 2909. Smoking restrictions within vehicles.
(a) A person is prohibited from smoking in a vehicle, whether it is in motion or at rest, if a person under 16 years of age is in the vehicle, regardless of whether the vehicle's windows are open. This subsection does not apply to a person who is the sole occupant of a vehicle.
(b) State and local police are empowered to enforce this section, but a police officer may not stop or detain a motor vehicle or its driver nor inspect or search the vehicle, the contents of the vehicle, or the operator or passenger of the vehicle solely for a violation or suspected violation of this section.
84 Del. Laws, c. 214, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30. NONCONTAGIOUS DISEASE PREVENTION AND EDUCATION INITIATIVES › § 3001. Osteoporosis prevention and education.

§ 3001. Osteoporosis prevention and education.
The Secretary of Health and Social Services shall establish, promote, and maintain an osteoporosis prevention and education initiative in order to raise public awareness of the causes and nature of osteoporosis, personal risk factors, the value of prevention and early detection, and options for diagnosing and treating the disease and to educate consumers, health professionals, teachers and human services providers.
71 Del. Laws, c. 223, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30. NONCONTAGIOUS DISEASE PREVENTION AND EDUCATION INITIATIVES › § 3002. RSDS education.

§ 3002. RSDS education.
The Secretary of Health and Social Services shall establish, promote and maintain a Reflex Sympathetic Dystrophy Syndrome (RSDS), also known as Complex Regional Pain Syndrome, education initiative in order to raise public awareness of, and to educate consumers, health professionals, teachers and human services providers about, the causes and nature of RSDS, personal risk factors, the value of early detection and prompt treatment, and options for diagnosing and treating the disease.
74 Del. Laws, c. 70, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30A. Training and Certification Requirements for Certain Nurse Assistants and Central Service Technicians › Subchapter I. Training and Qualifications for Nursing Assistants and Certified Nursing Assistants › § 3001A. Definitions.

§ 3001A. Definitions.
As used in this subchapter:
(1) “Certified nursing assistant” means a duly-certified individual under the supervision of a licensed nurse, who provides care that does not require the judgment and skills of a licensed nurse. The care may include, but is not limited to, the following:
bathing, dressing, grooming, toileting, ambulating, transferring and feeding, observing and reporting the general well-being of the person or persons to whom they are providing care.
(2) “Department” means the Department of Health and Social Services.
(3) “Nursing assistant” means an individual who has completed the requisite training to become a certified nursing assistant but is awaiting certification.
(4) “Senior certified nursing assistant” means a certified nursing assistant who has met the requirements of § 3005A of this title.
72 Del. Laws, c. 168, §  1;  77 Del. Laws, c. 401, §§  4, 5;  79 Del. Laws, c. 318, §  1;  83 Del. Laws, c. 493, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30A. Training and Certification Requirements for Certain Nurse Assistants and Central Service Technicians › Subchapter I. Training and Qualifications for Nursing Assistants and Certified Nursing Assistants › § 3002A. Certified nursing assistant training.

§ 3002A. Certified nursing assistant training.
To obtain certification as a certified nursing assistant, all trainees must complete training in both classroom and clinical settings. The total clock hours of classroom and clinical training required for certification shall be determined by the Department through written order signed by the Secretary. At no time may the number of clock hours be less than those required by the Centers for Medicare and Medicaid Services.
72 Del. Laws, c. 168, §  1;  79 Del. Laws, c. 318, §  1;  83 Del. Laws, c. 267, § 1;  83 Del. Laws, c. 493, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30A. Training and Certification Requirements for Certain Nurse Assistants and Central Service Technicians › Subchapter I. Training and Qualifications for Nursing Assistants and Certified Nursing Assistants › § 3003A. Composition of certified nursing assistant training course and curriculum.

§ 3003A. Composition of certified nursing assistant training course and curriculum.
All courses in this State offering certification to individuals as certified nursing assistants must meet the requirements of 42 C.F.R. Ch. IV § 483.152 and have the following:
(1) A student-to-teacher ratio of no greater than 24 students to 1 registered nurse instructor for the classroom portion of the training;
(2) A student-to-teacher ratio of no greater than 8 students to 1 registered nurse instructor or 8 students to 1 licensed practical nurse having at least 3 years experience and working under the supervision of a registered nurse for all clinical phases of the program; and
(3) A curriculum complying with requirements mandated by the Department through regulations promulgated pursuant to this subchapter.
2 Del. Laws, c. 168, §  1;  73 Del. Laws, c. 258, §  4;  74 Del. Laws, c. 209, §  1;  76 Del. Laws, c. 304, §  1;  77 Del. Laws, c. 401, §§  6, 7;  79 Del. Laws, c. 318, §  1;  83 Del. Laws, c. 493, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30A. Training and Certification Requirements for Certain Nurse Assistants and Central Service Technicians › Subchapter I. Training and Qualifications for Nursing Assistants and Certified Nursing Assistants › § 3004A. Mandatory orientation period.

§ 3004A. Mandatory orientation period.
(a) A nursing assistant who has completed the hours of training required for certification as certified nursing assistant in a training program sponsored by the facility where the nursing assistant will be employed immediately thereafter shall be required to complete an additional facility-specific orientation period in a skilled nursing facility or assisted living facility. Nursing assistants shall have direct physical contact with residents only while under the visual observation of a certified nursing assistant or licensed nurse employed by the facility. Nursing assistants must receive certification within 90 calendar days of completion of the training program. Nursing assistants who do not receive certification within 90 calendar days may not work as a nursing assistant. The requirements for nursing assistant orientation shall be specified in a written order signed by the Secretary.
(b) All certified nursing assistants hired to work in a skilled care, intermediate care, or assisted living facility shall undergo an orientation period, which must include clinical hours. Any certified nursing assistant undergoing orientation and completing clinical tasks may be considered a facility employee for purposes of satisfying the minimum facility staffing requirements set by this subchapter and the Department. The requirements for certified nursing assistant orientation shall be specified in a written order signed by the Secretary.
(c) All certified nursing assistants employed by temporary agencies and placed in a facility in which they have not worked within the previous 6 months shall undergo a minimum of 2 hours of orientation prior to beginning their first shift at that facility, the guidelines for which shall be promulgated by the Department. Any certified nursing assistant employed by a temporary agency and undergoing orientation shall not be considered a facility employee for purposes of satisfying the minimum facility staffing requirements set by the Department.
72 Del. Laws, c. 168, §  1;  79 Del. Laws, c. 318, §  1;  80 Del. Laws, c. 129, §  1;  83 Del. Laws, c. 267, § 1;  83 Del. Laws, c. 493, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30A. Training and Certification Requirements for Certain Nurse Assistants and Central Service Technicians › Subchapter I. Training and Qualifications for Nursing Assistants and Certified Nursing Assistants › § 3005A. Senior certified nursing assistant certification.

§ 3005A. Senior certified nursing assistant certification.
Any certified nursing assistant may pursue designation as a senior certified nursing assistant, and shall be so designated if such individual meets the following requirements:
(1) Has been a certified nursing assistant in good standing for a minimum of 3 years;
(2) Has successfully completed an additional 50 hours of instruction in an approved program featuring a curriculum specified by the Department; and
(3) Has passed a competency test issued pursuant to the guidelines delineated by the Department.
72 Del. Laws, c. 168, §  1;  83 Del. Laws, c. 493, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30A. Training and Certification Requirements for Certain Nurse Assistants and Central Service Technicians › Subchapter I. Training and Qualifications for Nursing Assistants and Certified Nursing Assistants › § 3006A. Renewal of certification; late renewal; and penalties.

§ 3006A. Renewal of certification; late renewal; and penalties.
(a) Every certified nursing assistant shall recertify biennially by filing an application; provided however, that the certification of any certified nursing assistant who is on active military duty with the armed forces of the United States and serving in a theater of hostilities on the date such application or recertification is due shall be deemed to be current and in full compliance with this subchapter until the expiration of 30 days after such certified nursing assistant is no longer on active military duty in a theater of hostilities.
(b) Upon receipt of an application and fee, the Department shall verify the accuracy of the information set forth in the application and issue to the applicant a certificate of renewal for 2 years, provided that the applicant has successfully completed continuing education requirements as established by the Department.
(1) Such certificate shall entitle the holder to engage in work as a certified nursing assistant for the period stated therein.
(2) The amount charged for the renewal fee imposed under this subchapter shall approximate and reasonably reflect all costs necessary to defray the expenses of maintaining an educational website from which certified nursing assistants will receive the required educational credits.
a. The application fee shall not be combined with any other fee or charge.
b. At the beginning of each biennial calendar year, the Department or any other state agency acting on its behalf, shall compute the appropriate fee for the coming 2 years.
(c) A certification may be renewed up to 30 days past the certification's expiration date by submitting, to the Department, payment of a $25 penalty fee along with an application and proof of completion of continuing education requirements during the previous certification period. The certification of a certified nursing assistant who fails to renew on time or during the 30-day late renewal period is considered lapsed and the certified nursing assistant is not permitted to work until the certified nursing assistant submits an application and takes and passes the certified nursing assistant test.
79 Del. Laws, c. 318, §  1;  80 Del. Laws, c. 129, §  1;  83 Del. Laws, c. 493, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30A. Training and Certification Requirements for Certain Nurse Assistants and Central Service Technicians › Subchapter I. Training and Qualifications for Nursing Assistants and Certified Nursing Assistants › § 3007A. Promulgation of regulation.

§ 3007A. Promulgation of regulation.
The Department shall promulgate rules and regulations to implement this chapter.
72 Del. Laws, c. 168, §  1;  83 Del. Laws, c. 493, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30A. Training and Certification Requirements for Certain Nurse Assistants and Central Service Technicians › Subchapter II. Certification of Central Service Technicians › § 3010A. Definitions.

§ 3010A. Definitions.
As used in this subchapter:
(1) “Central service technician” means an individual who decontaminates, inspects, assembles, packages, and sterilizes reusable medical instruments or devices for a health-care facility.
(2) “Health-care facility” means a hospital or freestanding surgical center licensed pursuant to this title.
(3) “Health-care practitioner” means an individual licensed to practice in the healing arts, pursuant to Title 24, acting within the scope of his or her license.
83 Del. Laws, c. 493, § 1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30A. Training and Certification Requirements for Certain Nurse Assistants and Central Service Technicians › Subchapter II. Certification of Central Service Technicians › § 3011A. Certification requirements for central service technicians.

§ 3011A. Certification requirements for central service technicians.
(a) An individual may not be engaged in work as a central service technician in a health-care facility and a health-care facility may not employ an individual as a central service technician unless the individual has passed a nationally-accredited central service exam for central service technicians and holds and maintains 1 of the following credentials:
(1) Certified registered central service technician credential.
(2) Certified sterile processing and distribution technician credential.
(b) Exemption. —
The certification requirement provided in subsection (a) of this section shall not apply to an individual employed or otherwise working as a central service technician in a health-care facility as of January 1, 2023.
83 Del. Laws, c. 493, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30A. Training and Certification Requirements for Certain Nurse Assistants and Central Service Technicians › Subchapter II. Certification of Central Service Technicians › § 3012A. Employment and continuing education.

§ 3012A. Employment and continuing education.
(a) New employees. —
An individual hired as a central service technician who does not meet the requirements of § 3011A(a) of this title shall have 18 months, from the date of hire, to comply with the certification requirements.
(b) Continuing education. —
Individuals who are employed as a central service technician in a health-care facility shall annually complete 10 hours of continuing education. The continuing education required under this subsection shall be in subject areas related to the scope of work of a central service technician.
83 Del. Laws, c. 493, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30A. Training and Certification Requirements for Certain Nurse Assistants and Central Service Technicians › Subchapter II. Certification of Central Service Technicians › § 3013A. Requirements of health-care facilities.

§ 3013A. Requirements of health-care facilities.
A health-care facility shall maintain documentation to verify that an individual meets the certification requirements of § 3011A of this title including the individual's date of employment as a central service technician.
83 Del. Laws, c. 493, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30A. Training and Certification Requirements for Certain Nurse Assistants and Central Service Technicians › Subchapter II. Certification of Central Service Technicians › § 3014A. Exemptions.

§ 3014A. Exemptions.
Nothing in this subchapter may be construed to prohibit any of the following individuals from performing the tasks of a central service technician:
(1) A health-care practitioner.
(2) A student or intern performing the tasks of a central service technician, under the direct supervision of a health-care practitioner as a part of their training or internship.
83 Del. Laws, c. 493, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 30B. Prescription Drug Payment Assistance Program › § 3001B. Short title.

§ 3001B. Short title.
This chapter is known and may be cited as the “Delaware Prescription Drug Payment Assistance Program”.
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 30B. Prescription Drug Payment Assistance Program › § 3002B. Purpose.

§ 3002B. Purpose.
The purpose of this chapter is to provide payment assistance for prescription drugs and certain Medicare Part D costs to Delaware's low-income senior and disabled citizens who are ineligible for, or do not have, prescription drug benefits or coverage through federal, excluding Medicare Part D coverage; state; or private sources.
72 Del. Laws, 1st Sp. Sess., c. 259,, §  1;  75 Del. Laws, c. 17, §  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 30B. Prescription Drug Payment Assistance Program › § 3003B. Definitions.

§ 3003B. Definitions.
As used in this chapter:
(1) “Department” means the Department of Health and Social Services.
(2) “Eligible person” means an individual eligible for the Delaware Prescription Drug Payment Assistance Program under § 3004B of this title.
(3) “Medicare Part D costs” means monthly premiums, deductibles, and those drug costs falling into Part D coverage gap up to the Program benefit limits and subject to program co-pay requirements as described in § 3005B(a)(4) of this title. Medicare Part D costs do not include Medicare Part D co-payments.
(4) “Prescription drugs” means drugs that are self-administered or administered by a lay person that have been approved as safe and effective by the Federal Food and Drug Administration or are otherwise legally marketed in the United States. Medications administered only by a clinically trained person are not covered under this program. Prescription drugs covered under this chapter are limited and subject to the provisions of § 3005B of this title and the rules and regulations adopted under § 3005B of this title.
(5) “Program” means the Prescription Drug Payment Assistance Program.
72 Del. Laws, 1st Sp. Sess., c. 259,, §  1;  75 Del. Laws, c. 17, §  2;  repealed by 81 Del. Laws, c. 58, §  40, eff. July 3, 2017;  reenacted by 81 Del. Laws, c. 328, § 1;