reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 94A. SUPPORTED DECISION-MAKING › § 9402A. Purpose; interpretation.

§ 9402A. Purpose; interpretation.
(a) The purpose of this chapter is to do all of the following:
(1) Provide assistance in gathering and assessing information, making informed decisions, and communicating decisions to adults who do not need a guardian or other substitute decision maker for such activities, but who would benefit from decision-making assistance.
(2) Give supporters legal status to be with the adult and participate in discussions with others when the adult is making decisions or attempting to obtain information.
(3) Enable supporters to assist in making and communicating decisions for the adult but not substitute as the decision maker for that adult.
(b) This chapter is to be administered and interpreted in accordance with all of the following principles:
(1) All adults should be able to live in the manner they wish and to accept or refuse support, assistance, or protection as long as they do not harm others and are capable of making decisions about those matters.
(2) All adults should be able to be informed about and, to the best of their ability, participate in the management of their affairs.
(3) All adults should receive the most effective yet least restrictive and intrusive form of support, assistance, or protection when they are unable to care for themselves or manage their affairs alone.
(4) The values, beliefs, wishes, cultural norms, and traditions that an adult holds should be respected in managing an adult's affairs.
80 Del. Laws, c. 427, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 94A. SUPPORTED DECISION-MAKING › § 9404A. Presumption of capability.

§ 9404A. Presumption of capability.
(a) All adults are presumed to be capable of managing their affairs and to have capacity unless otherwise determined by the Court of Chancery.
(b) The manner in which an adult communicates with others is not grounds for deciding that the adult is incapable of managing the adult's affairs.
(c) Execution of a supported decision-making agreement may not be used as evidence of incapacity and does not preclude the ability of the adult who has entered into such an agreement to act independently of the agreement.
80 Del. Laws, c. 427, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 94A. SUPPORTED DECISION-MAKING › § 9405A. Supported decision-making agreements.

§ 9405A. Supported decision-making agreements.
(a) An adult may enter into a supported decision-making agreement if all of the following apply:
(1) The adult enters into the agreement voluntarily and without coercion or undue influence.
(2) The adult understands the nature and effect of the agreement.
(b) A supported decision-making agreement must include all of the following:
(1) Designation of at least 1 supporter.
(2) The types of decisions for which the supporter is authorized to assist.
(3) The types of decisions, if any, for which the supporter may not assist.
(c) A supported decision-making agreement may include any of the following:
(1) Designation of more than 1 supporter.
(2) Provision for an alternate to act in the place of a supporter in such circumstances as may be specified in the agreement.
(3) Authorization for a supporter to share information with any other supporter named in the agreement, as a supporter believes is necessary.
(d) A supported decision-making agreement is valid only if all of the following occur:
(1) The agreement is in a writing that contains the elements of the form developed by the Department of Health and Social Services as required under § 9410A(a) of this title.
(2) The agreement is dated.
(3) Each party to the agreement signed the agreement in the presence of 2 adult witnesses.
(e) The 2 adult witnesses required by paragraph (d)(3) of this section may not be any of the following:
(1) A supporter for the principal.
(2) An employee or agent of a supporter named in the supported decision-making agreement.
(3) Any person who does not understand the type of communication the principal uses, unless an individual who understands the principal's means of communication is present to assist during the execution of the supported decision-making agreement.
(f) A supported decision-making agreement must contain a separate declaration signed by each supporter named in the agreement indicating all of the following:
(1) The supporter's relationship to the principal.
(2) The supporter's willingness to act as a supporter.
(3) The supporter's acknowledgement of the duties of a supporter under this chapter.
(g) A supported decision-making agreement may authorize a supporter to assist the principal to decide whether to give or refuse consent to care within the meaning of Chapter 25 of this title.
(h) A principal or a supporter may revoke a supported decision-making agreement at any time in writing and with notice to the other parties to the agreement.
(i) An authorization in a supported decision-making agreement may be prospectively limited or abrogated, in whole or part, by a judicial determination that the principal lacks the capacity to engage in the making of specific decisions covered by the agreement despite the assistance of a supporter.
80 Del. Laws, c. 427, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 94A. SUPPORTED DECISION-MAKING › § 9406A. Supporters.

§ 9406A. Supporters.
(a) Except as otherwise provided by a supported decision-making agreement, a supporter may do all of the following:
(1) Assist the principal in understanding information, options, responsibilities, and consequences of the principal's life decisions, including those decisions relating to the principal's affairs or support services.
(2) Help the principal access, obtain, and understand any information that is relevant to any given life decision, including medical, psychological, financial, or educational decisions, or any treatment records or records necessary to manage the principal's affairs or support services.
(3) Assist the principal in finding, obtaining, making appointments for, and implementing the principal's support services or plans for support services.
(4) Help the principal monitor information about the principal's affairs or support services, including keeping track of future necessary or recommended services.
(5) Ascertain the wishes and decisions of the principal, assist in communicating those wishes and decisions to other persons, and advocate to ensure that the wishes and decisions of the principal are implemented.
(b) Except as permitted by regulation promulgated under § 9410A of this title, any of the following are disqualified from acting as a supporter:
(1) A person who is an employer or employee of the principal, unless the person is an immediate family member of the principal.
(2) A person directly providing paid support services to the principal, with the exception of supported decision-making services, unless the person is an immediate family member of the principal.
(3) An individual against whom the principal has obtained an order of protection from abuse or an individual who is the subject of a civil or criminal order prohibiting contact with the principal.
(c) A supporter is prohibited from doing any of the following:
(1) Exerting undue influence upon, or making decisions on behalf of, the principal.
(2) Obtaining, without the consent of the principal, information that is not reasonably related to matters with which the supporter is authorized to assist under the supported decision-making agreement.
(3) Using, without the consent of the principal, information acquired for a purpose other than assisting the principal to make a decision under the supported decision-making agreement.
(d) A supporter shall act with the care, competence, and diligence ordinarily exercised by individuals in similar circumstances, with due regard either to the possession of, or lack of, special skills or expertise.
80 Del. Laws, c. 427, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 94A. SUPPORTED DECISION-MAKING › § 9407A. Recognition of supporters.

§ 9407A. Recognition of supporters.
A decision or request made or communicated with the assistance of a supporter in conformity with this chapter shall be recognized for the purposes of any provision of law as the decision or request of the principal and may be enforced by the principal or supporter in law or equity on the same basis as a decision or request of the principal.
80 Del. Laws, c. 427, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 94A. SUPPORTED DECISION-MAKING › § 9408A. Limitation of liability.

§ 9408A. Limitation of liability.
A person who in good faith acts in reliance on an authorization in a supported decision-making agreement, or who in good faith declines to honor an authorization in a supported decision-making agreement, is not subject to civil or criminal liability or to discipline for unprofessional conduct for any of the following:
(1) Complying with an authorization in a supported decision-making agreement based on an assumption that the underlying supported decision-making agreement was valid when made and has not been revoked or abrogated under § 9405A of this title.
(2) Declining to comply with an authorization in a supported decision-making agreement based on actual knowledge that the agreement is invalid or has been revoked or abrogated under § 9405A of this title.
(3) Declining to comply with an authorization related to health care in a supported decision-making agreement because the action proposed to be taken under the agreement is contrary to the conscience or good faith medical judgment of the person or to a written policy of a health-care institution that is based on reasons of conscience.
80 Del. Laws, c. 427, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 94A. SUPPORTED DECISION-MAKING › § 9409A. Access to information.

§ 9409A. Access to information.
(a) A supporter may assist the principal with obtaining any information to which the principal is entitled, including, with a signed and dated specific consent, protected health information under the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) or educational records under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g).
(b) The supporter shall ensure all information collected on behalf of the principal under this section is kept privileged and confidential, as applicable; is not subject to unauthorized access, use, or disclosure; and is properly disposed of when appropriate.
80 Del. Laws, c. 427, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 94A. SUPPORTED DECISION-MAKING › § 9410A. Forms; regulatory authority.

§ 9410A. Forms; regulatory authority.
(a) The Department of Health and Social Services shall develop the forms necessary to implement this chapter.
(b) The Secretary of the Department of Health and Social Services may promulgate regulations necessary to implement this chapter.
80 Del. Laws, c. 427, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 95. DELAWARE WHITE CANE LAW › § 9501. Public policy; White Cane Day.

§ 9501. Public policy; White Cane Day.
(a) It is the policy of this State to encourage and enable persons who are blind, visually impaired or have physical disabilities to participate fully in the social and economic life of this State and to engage in remunerative employment.
(b) It is the policy of this State that persons who are blind, visually impaired or have physical disabilities shall be employed by all employers including this State, political subdivisions of this State, the public schools and in all other employment supported in whole or in part by public funds on the same terms and conditions as are persons without such disabilities unless it is shown that the particular disability prevents the performance of the work involved.
(c) Each year the Governor by proclamation or the General Assembly by resolution may take public notice of October 15 as White Cane Safety Day so that the public may continue to be aware of the significance of the white cane and be able to recognize the presence of persons with disabilities on the streets and sidewalks of the State.
16 Del. C. 1953, §  9501;  58 Del. Laws, c. 222;  78 Del. Laws, c. 179, §§  236-238;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 95. DELAWARE WHITE CANE LAW › § 9502. Rights and liabilities.

§ 9502. Rights and liabilities.
(a) Persons who are blind, visually impaired or have physical disabilities shall have the same rights as persons without such disabilities to use streets, highways, sidewalks, walkways, public buildings, public facilities and other public places.
(b) Persons who are blind, visually impaired or have physical disabilities are entitled to full and equal accommodations, advantages, facilities and privileges on all common carriers, airplanes, motor vehicles, railroad trains, motor buses, streetcars, boats or any other public conveyances or modes of transportation, and in all hotels, lodging places, places of public accommodation, amusement or resort and other places to which the general public is invited, subject only to the conditions and limitations established by law.
(c) Every person who is totally or partially blind may be accompanied by a guide dog, especially trained for the purpose, in any of the places listed within this section without being required to pay an extra charge for the guide dog, provided that the person who is totally or partially blind shall be liable for any damages done to the premises or facilities by such dog. A guide dog may be excluded from any of the places enumerated in this section if the admission of such dog would create the clear danger of a disturbance or physical harm to other persons in such place.
16 Del. C. 1953, §  9502;  58 Del. Laws, c. 222;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §§  239-241;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 95. DELAWARE WHITE CANE LAW › § 9503. Rules of the road.

§ 9503. Rules of the road.
The driver of a vehicle approaching a pedestrian who is totally or partially blind who is carrying a cane predominately white or metallic in color (with or without a red tip) or using a guide dog shall take all necessary precautions to avoid injury to such pedestrian who is blind, and any driver who fails to take such precautions shall be liable in damages for any injury caused to such pedestrian. A pedestrian who is totally or partially blind not carrying such a cane or using a guide dog in any of the places, accommodations or conveyances listed in § 9502 shall have all of the rights and privileges conferred by law upon other persons and the failure of a pedestrian who is totally or partially blind to carry a cane or use a dog in any such places, accommodations or conveyances shall not be conclusively held to constitute nor be evidence of contributory negligence.
16 Del. C. 1953, §  9503;  58 Del. Laws, c. 222;  78 Del. Laws, c. 179, §§  242, 243;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 95. DELAWARE WHITE CANE LAW › § 9504. Enjoyment of public facilities.

§ 9504. Enjoyment of public facilities.
Any person or persons, firm or corporation or an agent thereof who denies or interferes with the admittance to or enjoyment of the public facilities enumerated in § 9502 or otherwise interferes with the rights of a person who is totally or partially blind or has a disability as specified in § 9502 shall be guilty of a misdemeanor.
16 Del. C. 1953, §  9504;  58 Del. Laws, c. 222;  78 Del. Laws, c. 179, §  244;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 95. DELAWARE WHITE CANE LAW › § 9505. Housing accommodations.

§ 9505. Housing accommodations.
(a) Persons who are blind, visually impaired or have physical disabilities shall be entitled to full and equal access as other members of the general public to all housing accommodations offered for rent, lease or compensation in this State, subject to the conditions and limitations established by law on all persons.
(b) “Housing accommodations” shall mean any real property or portion thereof which is used or occupied or is intended, arranged or designed to be used or occupied, as the home, residence or sleeping place of 1 or more human beings, but shall not include any accommodations not included within subsection (a) of this section or any single-family residence the occupants of which rent, lease or furnish for compensation not more than 1 room therein.
(c) Nothing in this section shall require any person renting, leasing or providing for compensation real property to modify such person's property in any way or provide a higher degree of care for a person who is blind or visually impaired.
(d) Every person who is totally or partially blind who has a guide dog shall be entitled to full and equal access to all housing accommodations provided for in this section and the person who is totally or partially blind shall not be required to pay extra compensation for such guide dog, but shall be liable for any damage done to the premises by such a guide dog.
16 Del. C. 1953, §  9505;  58 Del. Laws, c. 222;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §§  245-247;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 95. DELAWARE WHITE CANE LAW › § 9506. Violations.

§ 9506. Violations.
Any person who violates this chapter shall, upon conviction for such offense in a Justice of the Peace Court, be fined $100 for every such violation.
16 Del. C. 1953, §  9506;  58 Del. Laws, c. 222.;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 96. STATEWIDE CONTRACTS TO SUPPORT EMPLOYMENT FOR INDIVIDUALS WITH DISABILITIES › § 9601. Declaration of purpose.

§ 9601. Declaration of purpose.
The purpose of this chapter is to further the policy of the State to encourage and assist individuals with visual impairments and other disabilities to achieve maximum personal independence through useful and productive gainful employment by assuring an expanded and constant market for their products and services, thereby enhancing the dignity and capacity for self-support of individuals with visual impairments and other disabilities and decreasing their reliance on government benefits .
59 Del. Laws, c. 566, §  1;  64 Del. Laws, c. 85, §  1;  80 Del. Laws, c. 326, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 96. STATEWIDE CONTRACTS TO SUPPORT EMPLOYMENT FOR INDIVIDUALS WITH DISABILITIES › § 9605. Procurement requirements for the State.

§ 9605. Procurement requirements for the State.
(a) If any agency of this State intends to procure a product or service on the procurement list published by Government Support Services under § 9604 of this title, that agency shall, in accordance with Commission rules and regulations, procure such product or service from a CNA or CRP at the price established by the Commission. If the product or service is available within the period required by that agency, such procurement is mandatory. This chapter, however, does not apply in any case where products or services are available for procurement from any agency of this State and procurement therefrom is required under any statute, rule, or regulation.
(b) [Repealed.]
(c) In furthering the purposes of this chapter, and in contributing to economy of government, it is the intent of the General Assembly that there be close cooperation between the Commission and any agency of this State from which procurement of products or services is required under any state law. The Commission and any such agency are authorized to enter into such contractual agreements, cooperative working relationships, or other arrangements as may be necessary for effective coordination and efficient realization of the objectives of this chapter and any other law requiring procurement of products or services from any agency of this State.
59 Del. Laws, c. 566, §  1;  64 Del. Laws, c. 85, §  6;  69 Del. Laws, c. 291, §  173;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 326, §  1;  83 Del. Laws, c. 471, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 96. STATEWIDE CONTRACTS TO SUPPORT EMPLOYMENT FOR INDIVIDUALS WITH DISABILITIES › § 9606. Food service in public buildings.

§ 9606. Food service in public buildings.
(a) If an agency of this State intends to operate or continue food service in a public building, that agency shall procure the food service from the Delaware Division for the Visually Impaired under the vending facility program authorized by 20 U.S.C. § 107 et seq. An agency may not charge the Division for the Visually Impaired or its food service vendors rent for food service operations operated under this section. In the event the Delaware Division for the Visually Impaired certifies in writing that it is unable to provide food service to an agency of this State who requests the service, the agency may seek food service from another provider.
(b) This section does not impair any contracts by agencies of this State validly existing prior to July 11, 1988; however, at the expiration of such existing contracts, the mandates contained in this section shall be binding on the agency.
(c) This section does not apply to any office building owned or leased by any county or municipal corporation, or any building leased, used, or owned by any institution of higher education.
(d) Notwithstanding any provision of subsection (a) of this section to the contrary:
(1) Any provision of 20 U.S.C. § 107 et seq. that limits accrual of vending machine income to the Division for the Visually Impaired on the basis of the annual income from such vending machines is not incorporated into the laws of this State by this section.
(2) Any provision of 20 U.S.C. § 107 et seq. that governs the use of vending machine income which accrues to the Division for the Visually Impaired is not incorporated into the laws of this State by this section.
(e) The Secretary of the Department of Health and Social Services shall have the power to promulgate all rules and regulations necessary to accomplish the purposes of this section.
63 Del. Laws, c. 43, §  2;  66 Del. Laws, c. 339, §§  1, 2;  80 Del. Laws, c. 326, §  1;  83 Del. Laws, c. 471, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 96A. DELAWARE ACHIEVING A BETTER LIFE EXPERIENCE SAVINGS ACCOUNTS › § 9601A. Purpose.

§ 9601A. Purpose.
The purpose of this chapter is to encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life. This chapter enables the State to implement the federal Stephen J. Beck, Jr., Achieving a Better Life Experience Act of 2014, Pub. L. No. 113-295, 128 Stat. 4056 et seq. [26 U.S.C. § 529A].
80 Del. Laws, c. 34, §  1;  80 Del. Laws, c. 295, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 96A. DELAWARE ACHIEVING A BETTER LIFE EXPERIENCE SAVINGS ACCOUNTS › § 9602A. Definitions.

§ 9602A. Definitions.
As used in this chapter, unless otherwise defined in the federal law or federal regulations, which federal definitions shall control:
(1) “Account” means an individual account, a trust account, or a savings account established in accordance with the provisions of this chapter. An account may be established only for an eligible individual.
(2) “Account owner” means the designated beneficiary. A person with signature authority over the account (if other than the designated beneficiary) may neither have nor acquire any beneficial interest in the account and must administer the account for the designated beneficiary.
(3) “Board” shall mean the Plans Management Board pursuant to § 2722 of Title 29.
(4) “Designated beneficiary” means the individual for whom the account was established or who has succeeded the former designated beneficiary in that capacity. If the designated beneficiary is not able to exercise signature authority over his or her account or chooses to have an account established but not to exercise signature authority, references to the designated beneficiary include actions by the person with signature authority over the account.
(5) “Eligible individual” means a resident of any state who is:
a. Entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act (42 U.S.C. § 401 et seq. or § 1381 et seq.), where such blindness or disability occurred before the date on which the individual attained the age specified in the federal ABLE Act; or
b. An individual with respect to whom a disability certification, meeting the requirements of the federal ABLE Act, is filed.
(6) “Federal ABLE Act” means the Stephen J. Beck, Jr., Achieving a Better Life Experience Act of 2014, Pub. L. No. 113-295, 128 Stat. 4010, and includes subsequent amendments to that act, as well as regulations promulgated thereunder by the United States Secretary of the Treasury.
(7) “Program” means the Delaware Achieving a Better Life Experience Program established by this chapter.
(8) “Qualified disability expenses” means any expenses incurred at a time when the designated beneficiary is an eligible individual that relate to the blindness or disability of the designated beneficiary, including expenses that are for the benefit of the designated beneficiary in maintaining or improving health, independence, or quality of life; provided, however, that any expenses incurred at a time when a designated beneficiary is neither disabled nor blind are not qualified disability expenses, even if the designated beneficiary is an eligible individual for that entire taxable year.
80 Del. Laws, c. 34, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 295, §  2;  83 Del. Laws, c. 293, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 96A. DELAWARE ACHIEVING A BETTER LIFE EXPERIENCE SAVINGS ACCOUNTS › § 9603A. Administration of the ABLE Program.

§ 9603A. Administration of the ABLE Program.
(a) This chapter shall be administered by the Plans Management Board pursuant to § 2722 of Title 29.
(b) The Board may establish, develop, implement and maintain a Delaware Achieving a Better Life Experience Program for all eligible individuals and families for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life. Should a Delaware ABLE program be established, the Board shall ensure and maintain the Program's status as a “qualified ABLE program” as defined by the federal ABLE Act.
(c) In lieu of the development of a Delaware ABLE program, the Board is authorized to effect this chapter's purpose through the entry into a consortium, joint venture, or contract with another state or states, or by assisting eligible individuals in Delaware in identifying and accessing ABLE programs established by other states.
80 Del. Laws, c. 34, §  1;  80 Del. Laws, c. 295, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 96A. DELAWARE ACHIEVING A BETTER LIFE EXPERIENCE SAVINGS ACCOUNTS › § 9605A. The Program.

§ 9605A. The Program.
(a) An account may be opened by:
(1) The eligible individual.
(2) A person selected by the eligible individual.
(3) If an eligible individual (whether a minor or adult) is unable to establish his or her own account, the eligible individual's agent under a power of attorney or, if none, by a conservator or legal guardian, spouse, parent, sibling, grandparent of the eligible individual, or a representative payee appointed for the eligible individual by the Social Security Administration, in that order.
(b) Any person may make a contribution to an account once an account is opened.
(c) Contributions to an account shall be made only in cash, except where otherwise permitted by the federal ABLE Act.
(d) Separate records and accounting shall be required by the Program for each account and reports shall be made no less frequently than annually to the account owner and the designated beneficiary.
80 Del. Laws, c. 34, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 293, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 96A. DELAWARE ACHIEVING A BETTER LIFE EXPERIENCE SAVINGS ACCOUNTS › § 9606A. Prohibitions.

§ 9606A. Prohibitions.
(a) A designated beneficiary may have only 1 account.
(b) No account nor any interest in an account may be used as security for a loan.
(c) Total contributions on behalf of a designated beneficiary may not exceed the limit established under subchapter XII, Chapter 34 of Title 14.
(d) Except as permitted by the federal ABLE Act, no person shall have the right to direct the investment of any contributions to or earnings from the Program.
80 Del. Laws, c. 34, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 96A. DELAWARE ACHIEVING A BETTER LIFE EXPERIENCE SAVINGS ACCOUNTS › § 9607A. Treatment of accounts.

§ 9607A. Treatment of accounts.
(a) Accounts established pursuant to this chapter or another state's ABLE program shall not be included in determining asset eligibility of the designated beneficiary for state or local assistance programs.
(b) Unless prohibited by federal law, upon the death of a designated beneficiary, proceeds from an account may be transferred to the estate of a designated beneficiary, or to an account for another eligible individual specified by the designated beneficiary or the estate of the designated beneficiary.
(c) Upon the death of a designated beneficiary, no agency or instrumentality of the State shall seek payment under § 529A(f) of the Internal Revenue Code [26 U.S.C. § 529A(f)] from the account or its proceeds for benefits provided to a designated beneficiary.
80 Del. Laws, c. 34, §  1;  80 Del. Laws, c. 295, §  2;  81 Del. Laws, c. 107, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 97. EMERGENCY MEDICAL SERVICES SYSTEMS › § 9701. Purposes.

§ 9701. Purposes.
The purposes of the emergency medical services systems legislation are to establish and/or identify specific roles and responsibilities in regard to emergency medical services in Delaware in order to reduce morbidity and mortality rates for the citizens of Delaware and to ensure quality of emergency care services, within available resources, through the effective coordination of the emergency medical services system.
63 Del. Laws, c. 383, §  1;  67 Del. Laws, c. 152, §  5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 97. EMERGENCY MEDICAL SERVICES SYSTEMS › § 9708. Public safety personnel rendering emergency care exempt from liability.

§ 9708. Public safety personnel rendering emergency care exempt from liability.
(a) Public safety personnel who in good faith renders emergency care or rescue assistance at the scene of any emergency or who undertakes to transport any victim thereof to the nearest medical facility is not liable for any civil damages as a result of any act or omission in rendering the emergency care if all of the following apply:
(1) The public safety personnel has any required, relevant, current training or certification.
(2) The public safety personnel did not cause the injuries or death wilfully, wantonly, or recklessly or by gross negligence.
(b) This section may not be construed to require public safety personnel to administer first aid or emergency care to an individual who is ill or injured if such individual objects.
81 Del. Laws, c. 265, § 4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 97. EMERGENCY MEDICAL SERVICES SYSTEMS › § 9709. Advanced Life Support Standards Committee.

§ 9709. Advanced Life Support Standards Committee.
(a) The Advanced Life Support Standards Committee is created for the purpose of assisting the Board of Medical Licensure and Discipline in developing standards for advanced life support services. The Standards Committee is composed of the Chairperson and 20 members. The Board of Medical Licensure and Discipline shall appoint the Chairperson. The Board of Medical Licensure and Discipline shall select the other members of the Standards Committee from the names submitted to the Board by resolution of the following organizations:
(1) The American College of Emergency Physicians, 3 members with 1 member representing each county.
(2) The American College of Surgeon's Committee on Trauma, 1 member.
(3) The Medical Society of Delaware, 1 member.
(4) The Delaware Chapter of the Emergency Department Nurses Association, 1 member.
(5) Sussex County Firefighter's Association, 1 member who is an active practicing ambulance attendant.
(6) Kent County Firefighter's Association, 1 member who is an active practicing ambulance attendant.
(7) New Castle County Firefighter's Association, 1 member who is an active practicing ambulance attendant.
(8) The State of Emergency Medical Services Office, 1 member.
(9) The State Fire Prevention Commission, 1 member.
(10) New Castle County government, 1 member.
(11) Kent County government, 1 member.
(12) Sussex County government, 1 member.
(13) The City of Wilmington, 1 member.
(14) The City of Dover, 1 member.
(15) The Delaware Chapter of the American Heart Association, 1 member.
(16) The Division of Public Health, 1 member.
(17) Delaware State Fire School, 1 member.
(18) The chief or director of each county paramedic service shall submit 1 name of a practicing paramedic, certified and employed in the State for selection to the Board of Medical Licensure and Discipline — from these 3 names, 1 member.
(b) Each member serves at the pleasure of the organization that member represents and each member's successor shall be chosen in a like manner. The Standards Committee shall meet at the call of the Chairperson of the Standards Committee or the Chairperson of the Board of Medical Licensure and Discipline.
(c) The Standards Committee shall provide technical assistance to the Board of Medical Licensure and Discipline regarding all of the following:
(1) Establishing of minimum standards for advanced life support services.
(2) Reviewing curricula for training programs submitted to the Board of Medical Licensure and Discipline.
(3) Providing recommendations on proposed curricula for training programs.
81 Del. Laws, c. 265, § 5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 97. EMERGENCY MEDICAL SERVICES SYSTEMS › § 9710. Overdose system of care.

§ 9710. Overdose system of care.
(a) The Secretary shall create an overdose system of care to coordinate the treatment and care provided to individuals who have overdosed or require acute management of substance use disorder, including opioid use disorder.
(b) (1) The Secretary may adopt regulations, policies, and procedures to permit the Director of the Division of Substance Abuse and Mental Health to designate a facility as a stabilization center.
(2) A facility may be designated as a stabilization center if the facility meets federal and State requirements to receive a patient from Emergency Medical Services and can do all of the following:
a. Provide medical care and supervision after an overdose.
b. Provide medical care and supervision for acute management needs for substance use disorder.
c. Initiate medication-assisted treatment.
d. Refer individuals to other services.
(c) (1) The Secretary may adopt regulations, policies, and procedures to designate a facility as an overdose system of care center.
(2) The Secretary must use a guideline and evidence-based process as recommended by the Overdose System of Care Committee to determine designation criteria.
(d) The Secretary may adopt regulations, policies, and procedures to establish other distinct categories of care in the overdose care system as supported by evidence and recommended by nationally recognized guidelines and the Overdose System of Care Committee.
(e) The Secretary may suspend or revoke a designation under this section if a facility fails to meet the standards established under this section.
(f) The Director of the Division of Public Health may include an acute health care facility, hospital, freestanding emergency department, or emergency medical services provider in the overdose system of care if the entity does all of the following:
(1) Participates in the care of patients who have overdosed or require acute management for substance use disorder.
(2) Contributes data required by the Director of the Division of Public Health or the Director of the Division of Substance Abuse and Mental Health.
(3) Participates in overdose system of care quality improvement.
81 Del. Laws, c. 428, § 4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 98. PARAMEDIC SERVICES › § 9801. Purpose.

§ 9801. Purpose.
(a) It is the purpose of this chapter to establish a statewide paramedic program under the direction of the Office of Emergency Medical Services, Division of Public Health, Department of Health and Social Services.
(b) The paramedic program includes a coordinated advanced life support system, under qualified medical supervision, which has the responsibility for providing a rapid response capability in the delivery of emergency medical services to individuals who become unexpectedly ill or incapacitated or who are otherwise placed in a position where highly skilled medical assistance must be rendered to sustain or maintain such individual prior to institutional health care.
(c) The paramedic services program shall be utilized for medical emergencies, either at the scene or while the patient is in transit to a health facility.
(d) It is the further purpose of this chapter to provide a program which shall have a direct impact on the morbidity and mortality rates of this State and which, over a period of time, will also reduce health-care costs to each emergency patient.
(e) It is the further purpose of this chapter to establish a framework for the creation of an effective and efficient means for the provision of advanced life support services to the citizens of the State regardless of their economic status, who require such services without prior inquiry as to the patient's ability to pay.
(f) This chapter is intended to promote the public health, safety and welfare of the citizens of this State by providing for the creation of a statewide advanced life support services system, in conjunction with the efforts of all providers of emergency medical services in this State, with uniform standards for all such providers of advanced life support services.
(g) It is the further purpose of this chapter to insure that emergency patients requiring advanced life support services are transported from the scene of a medical emergency to the nearest emergency medical institution or the institution of their choice, within reason, that possesses the equipment and staff resources to immediately attend to the particular needs of the patient. This statement is tempered by the understanding that, in certain circumstances, it may be necessary to bypass the closest medical facility if specialized medical care is required. It shall also be understood that the use of paramedics to assist in the transfer of patients to facilities and programs which offer such follow-up care and rehabilitation as is necessary to effect the maximum recovery of the patient, shall be permitted when deemed medically necessary.
67 Del. Laws, c. 152, §  6;  70 Del. Laws, c. 192, §  7;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 98. PARAMEDIC SERVICES › § 9805. Paramedic Administrator.

§ 9805. Paramedic Administrator.
The Paramedic Administrator shall be employed within the Office of Emergency Medical Services responsible directly to the Director of the Office of Emergency Medical Services. The Paramedic Administrator shall be a state employee within the Merit System and shall be responsible for the following:
(1) Hiring sufficient personnel to provide staff and clerical support for the office;
(2) Verifying certification from the Board for each paramedic employed by a county or its subcontractor;
(3) Administering and coordinating all activities of the program including periodic inspections;
(4) Developing appropriate uniforms as required;
(5) Developing and negotiating contracts with county paramedic services;
(6) Developing annual budgets;
(7) Procuring the necessary equipment to carry out the requirements of this legislation and following the current state bidding and procurement policies for equipment; i.e., vehicles, communication equipment, medical equipment and uniforms as required;
(8) Develop rules governing the operation of programs that provide paramedical instruction to ensure compliance with the ALS Standards of the Board of Medical Licensure and Discipline.
(9) Providing reports of activities as required by the Director of the Office of Emergency Medical Services; and
(10) Monitoring paramedic staff hours in each county.
(11) Have the authority to suspend a paramedic from patient treatment or to permit limited practice for the duration of an investigation of the paramedic by the Division of Professional Regulation.
67 Del. Laws, c. 152, §  6;  70 Del. Laws, c. 192, §§  5, 6;  71 Del. Laws, c. 300, §  3;  72 Del. Laws, c. 137, §  17;  73 Del. Laws, c. 368, §  2;  77 Del. Laws, c. 319, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 98. PARAMEDIC SERVICES › § 9806. EMS medical directors [Effective until July 17, 2028]

§ 9806. EMS medical directors [Effective until July 17, 2028]
(a) There shall be 5 part time EMS Medical Directors:
1 State EMS Medical Director, 3 county EMS medical directors and 1 Basic Life Support EMS Director. Each county EMS medical director shall practice emergency medicine in the county in which the county director serves as a director, unless otherwise approved by the Office of Emergency Medical Services. The State EMS Medical Director shall supervise all EMS Medical Directors. The Basic Life Support EMS Medical Director shall serve as an advisor for basic life support to the State Fire Prevention Commission. An EMS Medical Director shall be available at all times to advise supervising physicians, EMS providers and EMS provider agencies.
(b) As part of their responsibilities, the EMS medical directors shall:
(1) Provide medical oversight and prospective, concurrent and retrospective medical quality control of advanced life support, basic life support and emergency medical dispatch;
(2) Establish and ensure compliance with standing orders and treatment protocols;
(3) Provide review and evaluate the medical interventions of the EMS providers;
(4) Coordinate with and advise the Office of EMS, State Fire Prevention Commission and provider agencies of any deficiencies within the system with suggested remedies;
(5) Monitor the EMS providers for skill degradation and recommend appropriate remedies to the Office of EMS, the State Fire Prevention Commission and the provider agencies;
(6) Offer technical assistance to all EMS providers and assist in the provision of patient care while functioning as an EMS Medical Director; and
(7) Have authority to suspend EMS providers immediately from patient treatment for a period not to exceed 30 days, if they determine that it is necessary in order to prevent a clear and immediate danger to the public health.
(c) Each EMS medical director shall be employed by the State, by contract or otherwise, and shall be a board certified emergency physician actually involved in the practice of emergency medicine.
(d) The EMS medical directors shall be appointed by the Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, who shall consult with the Board of Medical Licensure and Discipline as part of the selection process.
67 Del. Laws, c. 152, §  6;  70 Del. Laws, c. 192, §  9;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 341, §  2;  71 Del. Laws, c. 300, §  4;  72 Del. Laws, c. 137, §  19;  73 Del. Laws, c. 368, §  3;  74 Del. Laws, c. 101, §§  1-4;  77 Del. Laws, c. 319, §  1;  84 Del. Laws, c. 92, § 5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 98. PARAMEDIC SERVICES › § 9806. EMS medical directors [Effective July 17, 2028]

§ 9806. EMS medical directors [Effective July 17, 2028]
(a) There shall be 5 part time EMS Medical Directors:
1 State EMS Medical Director, 3 county EMS medical directors and 1 Basic Life Support EMS Director. Each county EMS medical director shall practice emergency medicine in the county in which the county director serves as a director, unless otherwise approved by the Office of Emergency Medical Services. The State EMS Medical Director shall supervise all EMS Medical Directors. The Basic Life Support EMS Medical Director shall serve as an advisor for basic life support to the State Fire Prevention Commission. An EMS Medical Director shall be available at all times to advise supervising physicians, EMS providers and EMS provider agencies.
(b) As part of their responsibilities, the EMS medical directors shall:
(1) Provide medical oversight and prospective, concurrent and retrospective medical quality control of advanced life support, basic life support and emergency medical dispatch;
(2) Establish and ensure compliance with standing orders and treatment protocols;
(3) Provide review and evaluate the medical interventions of the EMS providers;
(4) Coordinate with and advise the Office of EMS, State Fire Prevention Commission and provider agencies of any deficiencies within the system with suggested remedies;
(5) Monitor the EMS providers for skill degradation and recommend appropriate remedies to the Office of EMS, the State Fire Prevention Commission and the provider agencies;
(6) Offer technical assistance to all EMS providers and assist in the provision of patient care while functioning as an EMS Medical Director; and
(7) Have authority to suspend EMS providers immediately from patient treatment for a period not to exceed 30 days, if they determine that it is necessary in order to prevent a clear and immediate danger to the public health.
(c) Each EMS medical director shall be employed by the State, by contract or otherwise, and shall be a board certified emergency physician actually involved in the practice of emergency medicine.
(d) The EMS medical directors shall be appointed by the Director of the Division of Public Health who shall consult with the Board of Medical Licensure and Discipline as part of the selection process.
67 Del. Laws, c. 152, §  6;  70 Del. Laws, c. 192, §  9;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 341, §  2;  71 Del. Laws, c. 300, §  4;  72 Del. Laws, c. 137, §  19;  73 Del. Laws, c. 368, §  3;  74 Del. Laws, c. 101, §§  1-4;  77 Del. Laws, c. 319, §  1;  84 Del. Laws, c. 92, § 5;  84 Del. Laws, c. 92, § 9;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 98. PARAMEDIC SERVICES › § 9807. Paramedics.

§ 9807. Paramedics.
(a) A paramedic may provide such paramedic services as are set forth in the paramedic's certificate if such services are provided under the supervision of a physician, or in any context where voice contact by radio or telephone is monitored by a physician; and such paramedic may provide advanced life support where authorized to do so by a physician.
(b) If direct voice communication between a physician and a paramedic fails or is technically impossible, the paramedic may perform any emergency medical service for which the paramedic is certified, in compliance with treatment protocols set forth by the Board, when the life of the patient is in immediate danger and requires such care for its preservation.
67 Del. Laws, c. 152, §  6;  70 Del. Laws, c. 186, §  1;