reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7926. Annual report.

§ 7926. Annual report.
The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operations and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.
29 Del. C. 1953, §  7928;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 551, §  1;  59 Del. Laws, c. 136, §  3;  60 Del. Laws, c. 251, §  6;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7927. Misnomer of Department in donation.

§ 7927. Misnomer of Department in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
29 Del. C. 1953, §  7929;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 551, §  1;  59 Del. Laws, c. 136, §  3;  60 Del. Laws, c. 251, §  6;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7928. Budgeting and financing.

§ 7928. Budgeting and financing.
(a) The Secretary, in cooperation with the division directors, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.
(b) Special funds may be used in accordance with approved programs, grants and appropriations.
29 Del. C. 1953, §  7930;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 551, §  1;  59 Del. Laws, c. 136, §  3;  60 Del. Laws, c. 251, §  6;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7929. Division for the Visually Impaired.

§ 7929. Division for the Visually Impaired.
(a) The Division for the Visually Impaired (“Division”) has the power, duties, and functions necessary to provide services for persons with blindness and persons with visual impairment, including the powers, duties, and functions under this section, Chapter 21 of Title 31, and Chapter 23 of Title 31 [repealed.].
(b) The Division may establish, monitor, and oversee the operation of business programs for the purpose of providing training and employment for Delaware residents who are visually impaired under the Randolph-Sheppard Act (20 U.S.C. 107 et seq.). The business programs are known collectively as the “Business Enterprise Program” and may include vending, retail food services, meal preparation and distribution, concession stands, or other business programs that the Director of the Division may deem appropriate.
(1) The Division may promulgate rules and regulations to implement and operate the Business Enterprise Program. The rules and regulations must include provisions relating to participant eligibility, personnel management, fiscal controls, marketing plans, and enforcement of production quality standards.
(2) A participant in the Business Enterprise Program is not an employee of the Business Enterprise Program and may continue in the program only under the rules of the program. Each participant shall adhere to the rules and regulations that the Division promulgates.
(c) The Director of the Division is an exempt employee, and must be knowledgeable and skilled in the field of services to the visually impaired and responsive to the needs and concerns of that population.
(d) This State accepts the provisions and benefits of the Vocational Rehabilitation Act of 1973 (P.L. 93-112) (29 U.S.C. § 701 et seq.), as amended. The Department of Health and Social Services is a designated state agency, with the Secretary of the Department as the State Officer and the Division of the Visually Impaired as a designated state unit for all moneys from the Act that are designated for persons with visual impairment or persons with blindness. This is defined in a cooperative agreement dated December 1985 among the Department of Labor, Division for the Visually Impaired, and the Division of Vocational Rehabilitation. The Department of Health and Social Services shall cooperate with the United States Department of Education, Rehabilitation Services Administration, and, in accordance with all state laws, prepare the state plan and carry out the Rehabilitation Act of 1973 and its amendments.
61 Del. Laws, c. 329, §  3;  69 Del. Laws, c. 291, §  172;  70 Del. Laws, c. 425, §  159;  73 Del. Laws, c. 310, §  17;  83 Del. Laws, c. 455, § 3;  84 Del. Laws, c. 233, § 59;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7931. Division of Medicaid and Medical Assistance.

§ 7931. Division of Medicaid and Medical Assistance.
(a) There is hereby established the Division of Medicaid and Medical Assistance under the direction and control of the Secretary of the Department of Health and Social Services.
(b) The mission of the Division of Medicaid and Medical Assistance is to maximize the well-being and quality of life for eligible low-income individuals and other vulnerable populations through the provision of overall leadership and direction in administering responsive, effective, and efficient health-care benefits.
(c) The Division of Medicaid and Medical Assistance shall have the power to perform and is responsible for the performance of all of the powers, duties, and functions specifically related to, Medicaid, the Delaware Healthy Children Program, the Delaware Prescription Assistance Program, the Chronic Renal Disease Program, and other health insurance related programs as administered through the Department of Health and Social Services.
(d) In the absence of an alternative agreement for a nonfee-for-service reimbursement mechanism approved by the Department of Health and Social Services between a home health-care nursing services provider and a Medicaid-contracted organization, all hourly home health-care nursing services paid for by Medicaid-contracted organizations will be reimbursed at a rate equal to or more than the rate set by the Division of Medicaid and Medical Assistance for equivalent services.
(e) The Division of Medicaid and Medical Assistance shall have the power to promulgate rules and regulations to implement this section.
(f) In the absence of an alternative agreement for a nonfee-for-service reimbursement mechanism approved by the Department of Health and Social Services between a home health or home care services provider and a Medicaid-contracted organization, all home health or home care services for Medicaid long-term care services and support providers paid for by Medicaid-contracted organizations will be reimbursed at a rate equal to or more than the rate set by the Division of Medicaid and Medical Assistance for equivalent services.
75 Del. Laws, c. 350, §  183;  81 Del. Laws, c. 58, §  39;  81 Del. Laws, c. 146, §  1;  81 Del. Laws, c. 328, § 2;  83 Del. Laws, c. 234, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter II. The Chronic Renal Diseases Program › § 7932. Establishment of a program.

§ 7932. Establishment of a program.
The State Department of Health and Social Services, hereafter referred to as the Department, shall establish a program for the care and treatment of persons suffering from chronic renal diseases. This program shall assist persons suffering from chronic renal diseases who require lifesaving care and treatment but who are unable to pay for such services on a continuing basis.
29 Del. C. 1953, §  7931;  57 Del. Laws, c. 622, §  1;  59 Del. Laws, c. 136, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter II. The Chronic Renal Diseases Program › § 7933. Advisory Committee.

§ 7933. Advisory Committee.
The Secretary of the Department of Health and Social Services, hereafter referred to as the Secretary, shall appoint a Renal Disease Advisory Committee, hereafter referred to as the Committee, to consult with the Secretary in the administration of this subchapter. The Committee shall be composed of 11 persons representing hospitals and medical centers which establish dialysis centers, voluntary agencies interested in kidney diseases, related public agencies, physicians licensed to practice medicine and the general public. Each member shall hold office for a term of 4 years and until a successor is appointed and qualified, except that the terms of the members first taking office shall expire, as designated at the time of appointment, 2 at the end of the first year, 3 at the end of the second year, 3 at the end of the third year and 3 at the end of the fourth year, after the date of appointment. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which such person's predecessor was appointed shall be appointed for the remainder of such term. The Committee shall meet as frequently as the Secretary deems necessary, but not less than once each year. The Committee members shall receive no compensation, but shall be reimbursed for actual expenses incurred in carrying out their duties as members of this Committee.
29 Del. C. 1953, §  7932;  57 Del. Laws, c. 622, §  1;  59 Del. Laws, c. 136, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter II. The Chronic Renal Diseases Program › § 7934. Powers and duties of the Secretary.

§ 7934. Powers and duties of the Secretary.
The Secretary shall:
(1) With the advice of the Committee, develop standards for determining eligibility for care and treatment under this program;
(2) Assist in the development and expansion of programs for the care and treatment of persons suffering from chronic renal diseases, including dialysis and other medical procedures and techniques, which will have a lifesaving effect in the care and treatment of persons suffering from these diseases;
(3) Assist in the development of programs for the prevention of chronic renal diseases;
(4) Extend financial assistance to persons suffering from chronic renal diseases in obtaining the medical, nursing, pharmaceutical and technical services necessary in caring for such diseases, including the renting or purchase of home dialysis equipment;
(5) Assist in equipping dialysis centers;
(6) Institute and carry on an educational program among physicians, hospitals, public health departments and the public concerning chronic renal diseases, including the dissemination of information and the conducting of educational programs concerning the prevention of chronic renal diseases and the methods for the care and treatment of persons suffering from these diseases.
29 Del. C. 1953, §  7933;  57 Del. Laws, c. 622, §  1;  59 Del. Laws, c. 136, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter II. The Chronic Renal Diseases Program › § 7935. Supremacy.

§ 7935. Supremacy.
All other laws or parts of laws now in effect inconsistent with this subchapter are repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this subchapter.
29 Del. C. 1953, §  7934;  57 Del. Laws, c. 591, §  57;  59 Del. Laws, c. 136, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter III. Payment for Services › § 7941. Disclosure of income.

§ 7941. Disclosure of income.
Notwithstanding § 1241 [repealed] of Title 30, the Secretary of Finance shall, upon the written request of the Secretary of the Department of Health and Social Services, provide the Secretary with the gross and net income, as defined in Chapter 11 of Title 30, and all other available financial data concerning those persons who are liable under this subchapter for payments for the care, treatment or both of any persons in facilities operated by the Department of Health and Social Services and who are not paying the full cost of such care, treatment or both monthly. The Secretary shall certify that information so received shall be used only for the purpose of collecting sums due the State and any employee of the Department found guilty of disclosing such information for any other purpose shall be subject to the same penalties as provided in § 1241 [repealed] of Title 30.
29 Del. C. 1953, §  7941;  58 Del. Laws, c. 217.;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter IV. Emergency Housing Fund › § 7950. Emergency Housing Fund Administration Board.

§ 7950. Emergency Housing Fund Administration Board.
The Emergency Housing Fund Administration Board is authorized to promulgate regulations and procedures and administer all funds collected in the Emergency Housing Assistance Fund. The Board will consist of:
(1) An administrator appointed by the Secretary of the Department of Health and Social Services as specified in § 8603 [repealed] of this title. This administrator will act as Chairperson of the Board.
(2) Five Board members shall be appointed by the Secretary for staggered terms and shall be composed of persons who have demonstrated an interest in emergency housing.
(3) This Board will review proposals and allocate funds. The Board will be responsible for monitoring expenditures, authorizing the adjustment of funds and reallocating funds from 1 organization to another. In order to be eligible for these funds, an organization must:
a. Be a private, nonprofit agency operating within this State.
b. Have a generally accepted system of accounting and must conduct an annual audit.
c. Agree to submit to a programmatic review and financial audit of their program each year that funds are received.
64 Del. Laws, c. 425, §  2;  68 Del. Laws, c. 149, §§  20, 21;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter IV. Emergency Housing Fund › § 7951. Definitions.

§ 7951. Definitions.
(a) “Department” means the Department of Health and Social Services.
(b) “Emergency housing shelter” refers to a temporary housing intervention for a period of 90 days or less operated by a qualified organization that provides short-term housing and supportive services that address the needs of persons experiencing homelessness. The shelter must be a facility which meets all local building codes.
64 Del. Laws, c. 425, §  2;  68 Del. Laws, c. 149, §§  20, 22;  80 Del. Laws, c. 396, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter IV. Emergency Housing Fund › § 7953. Emergency Housing Assistance Fund.

§ 7953. Emergency Housing Assistance Fund.
(a) There is hereby created a special fund, which shall be known as the Emergency Housing Assistance Fund of the Treasury of the State.
(b) All moneys received from the voluntary contribution system established in § 7952 [repealed] of this title shall be deposited in said Fund.
(c) The General Assembly shall make no appropriation into said Fund, but individuals and organizations may, from time to time, make contributions or bequests to the Fund.
(d) The moneys contained in said Fund shall be continuously transferred to the Department of Health and Social Services for the exclusive purpose of carrying out the objectives of §§ 7950-7953 of this title, including administration thereof.
(e) From time to time as determined by the Delaware State Clearinghouse Committee, the Department shall submit a detailed report to members of the Committee of revenues, expenditures and program measures for the fiscal period in question. Such report shall also be sufficiently descriptive in nature so as to be concise and informative. The Committee may cause the Department to appear before the Committee and to answer such questions as the Committee may require.
64 Del. Laws, c. 425, §  2;  68 Del. Laws, c. 149, §§  20, 25;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter V. Minimum Standards for Congregate Housing Facilities for the Homeless › § 7960. Definitions.

§ 7960. Definitions.
As used in this subchapter, except where the context clearly indicates a different meaning:
“Congregate housing facility” means a facility housing 8 or more homeless adults and children on a temporary basis.
67 Del. Laws, c. 303, §  1;  71 Del. Laws, c. 357, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter V. Minimum Standards for Congregate Housing Facilities for the Homeless › § 7961. Resident manager required.

§ 7961. Resident manager required.
The sponsor of any congregate housing facility shall be responsible for having a responsible adult resident manager on the premises of such facility at all times.
67 Del. Laws, c. 303, §  1;  71 Del. Laws, c. 357, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter V. Minimum Standards for Congregate Housing Facilities for the Homeless › § 7962. Maintaining records.

§ 7962. Maintaining records.
(a) The sponsor and resident manager of any congregate housing facility shall be responsible for maintaining a day-to-day record of residents of the facility, such record to include:
(1) The name, last known residence, and Social Security number, if any, of each resident of the facility; and
(2) The destination of each resident when the resident leaves the facility.
(b) The information contained in such record shall be confidential and shall not be disclosed except to authorized agents of the facility's public funding sources as required by the terms of their funding agreements or as a result of a court order.
67 Del. Laws, c. 303, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 357, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter V. Minimum Standards for Congregate Housing Facilities for the Homeless › § 7963. Premises to be kept clean.

§ 7963. Premises to be kept clean.
The sponsor and the resident manager shall be responsible for keeping the interior and exterior premises of a congregate housing facility at all times in a clean and sanitary condition and in compliance with all federal, state or local laws, rules, and regulations relating to the cleanliness of multi-family dwellings in general.
67 Del. Laws, c. 303, §  1;  71 Del. Laws, c. 357, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter V. Minimum Standards for Congregate Housing Facilities for the Homeless › § 7964. Standard of conduct.

§ 7964. Standard of conduct.
The sponsor and resident manager of each congregate housing facility shall be responsible for publishing and posting in prominent places a standard of conduct for residents which is not disruptive to others within the facility, to the community, or to the residents of neighboring residences or businesses. The use of alcohol or illegal drugs in such facilities is prohibited. Loud or boisterous behavior, music or other noise in violation of state or local noise laws, rules and regulations that deprives other residents of the quiet enjoyment of the facility shall be prohibited at all times, especially between sunset and sunrise.
67 Del. Laws, c. 303, §  1;  71 Del. Laws, c. 357, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter V. Minimum Standards for Congregate Housing Facilities for the Homeless › § 7965. Enlistment of services to assist residents.

§ 7965. Enlistment of services to assist residents.
The sponsor or resident manager of a congregate housing facility shall be responsible for making every effort to enlist the services of social agencies, public or private, to assist residents to move back into the mainstream of society, including, but not limited to, Alcoholics Anonymous, substance abuse counseling, employment counseling, and skills training.
67 Del. Laws, c. 303, §  1;  71 Del. Laws, c. 357, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter V. Minimum Standards for Congregate Housing Facilities for the Homeless › § 7966. Notification of authorities.

§ 7966. Notification of authorities.
The sponsor or resident manager of each congregate housing facility shall be responsible for notifying the chief executive officer of the county or municipality in which the facility is located that it is, or intends to be, conducting such a facility and the location thereof.
67 Del. Laws, c. 303, §  1;  71 Del. Laws, c. 357, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter V. Minimum Standards for Congregate Housing Facilities for the Homeless › § 7967. Penalties.

§ 7967. Penalties.
Whoever violates the provisions of this subchapter is guilty of a violation and shall be fined not less than $50 nor more than $200 for a first offense and not less than $100 nor more than $500 for each subsequent like offense. The Superior Court shall have jurisdiction over all violations of this subchapter.
67 Del. Laws, c. 303, §  1;  71 Del. Laws, c. 357, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter V. Minimum Standards for Congregate Housing Facilities for the Homeless › § 7968. Enforcement authority.

§ 7968. Enforcement authority.
The Department of Health and Social Services shall be responsible for enforcing the provisions of this subchapter.
67 Del. Laws, c. 303, §  1;  68 Del. Laws, c. 149, §  29;  71 Del. Laws, c. 357, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VI. Division of Health Care Quality. › § 7970. Intent.

§ 7970. Intent.
(a) It is the intent of the General Assembly that the primary purpose of this subchapter, known as the “Health Care Quality Act,” is as follows:
(1) To ensure that individuals receiving health-care services in long-term, acute, or outpatient settings are safe and secure, receive quality care, and are free from abuse, neglect, mistreatment and financial exploitation.
(2) To promote the quality of care and quality of life for individuals receiving long-term, acute, and outpatient health-care services.
(3) To ensure that training programs for certified nursing assistants:
a. Comply with state and federal statutes and regulations.
b. Are regularly monitored for compliance.
c. Are subject to sanctions for violations.
(b) Further, it is the intent of the General Assembly to ensure that in carrying out the State's quality assurance services, the responsible state agencies and law-enforcement agencies will coordinate and communicate effectively and will respond to and investigate complaints in a timely and effective manner and undertake enforcement action, civil or criminal, as warranted.
71 Del. Laws, c. 486, §  2;  77 Del. Laws, c. 382, §  1;  81 Del. Laws, c. 208.;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VII. Occupational Health Program › § 7980. Establishment of a program.

§ 7980. Establishment of a program.
(a) The Division of Public Health under the direction and control of the Secretary of the Department of Health and Social Services in collaboration with the Department of Natural Resources and Environmental Control shall, by rules and regulations, establish an Occupational Health Program (“the Program”). The Program will include a statewide statistical assessment of the degree to which Delawareans are exposed to hazardous substances in the workplace and the nature of that exposure.
(b) The Program shall offer voluntary and confidential educational and consultation services for employers and employees in the public sector based on the Program's assessment. In collaboration with the Department of Labor Office of Occupational Safety and Health Consultation, which conducts private sector consultations only, the Program will work to improve the workplace environment in Delaware.
(c) Any statewide statistical assessment of hazardous substances in the workplace shall not include specific findings from the Department of Labor's Office of Occupational Safety and Health Consultation in the private sector.
75 Del. Laws, c. 84, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VII. Occupational Health Program › § 7981. Assessment of occupational exposure to hazardous substances.

§ 7981. Assessment of occupational exposure to hazardous substances.
(a) For the purpose of this subchapter, a hazardous substance shall be considered any substance in the workplace which is capable of causing harm, which an employee may be exposed to, including, but not limited to, fumes, dust, mold and carcinogens.
(b) The Division of Public Health, in collaboration with the Department of Natural Resources and Environmental Control, shall develop criteria and methodology for the statewide statistical assessment of exposure to hazardous substances in the workplace.
(c) The Program shall, upon request, assess occupational exposure to hazardous substances in the workplace and compile data and information to be used for consultation and educational purposes.
75 Del. Laws, c. 84, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter VII. Occupational Health Program › § 7982. Education and outreach.

§ 7982. Education and outreach.
The Department of Labor's Office of Occupational Safety and Health Consultation currently provides educational programs for private sector employers concerning exposure to hazardous substances in the workplace, including the dissemination of information concerning the prevention, containment and removal of such hazards. The Department of Labor's Office of Occupational Safety and Health Consultation, in collaboration with the Department of Public Health, shall expand its current educational programs concerning exposure to hazardous substances in the workplace, including the dissemination of information concerning the prevention, containment and removal of such hazards, to include public sector employers.
75 Del. Laws, c. 84, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter IX. Sterile Needle and Syringe Service Program for the Prevention of AIDS and Other Diseases › § 7990. Definitions.

§ 7990. Definitions.
As used in this subchapter:
(1) “Director” means the Director of the State Division of Public Health.
(2) “Division” means the State Division of Public Health within the Department of Health and Social Services of the State.
(3) “HIV” means the Human Immunodeficiency Virus that causes Acquired Immune Deficiency Syndrome (AIDS).
(4) “Participant” means an injection drug user who obtains a sterile needle and syringe unit under the program established in § 7991 of this title.
75 Del. Laws, c. 428, §  1;  78 Del. Laws, c. 86, §  1;  84 Del. Laws, c. 160, § 2;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter IX. Sterile Needle and Syringe Service Program for the Prevention of AIDS and Other Diseases › § 7991. Establishment of program.

§ 7991. Establishment of program.
The Director of the State Division of Public Health shall maintain a sterile needle and syringe service program. The program is to be administered by the Director or the Director's designees. The Director may designate private providers of services to operate the program.
75 Del. Laws, c. 428, §  1;  78 Del. Laws, c. 86, §  1;  84 Del. Laws, c. 160, § 3;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter IX. Sterile Needle and Syringe Service Program for the Prevention of AIDS and Other Diseases › § 7992. Operation of the program.

§ 7992. Operation of the program.
The program shall:
(1) Operate for the purposes of:
a. Preventing the transmission of HIV, the Hepatitis B virus, and other blood borne diseases; and
b. Providing injection drug users with referrals to appropriate treatment and other health and social services programs.
(2) Provide needles and syringes on an as-needed basis, whereby a participant receives sterile needles and syringes based on need and usage.
(3) Be designed to prevent noninjection drug users from participating in the program.
(4) Be designed and maintained to provide maximum security of program sites and equipment, including security measures that shall be required to allow for:
identification of program needles; a full accounting of the number of needles distributed; the number in storage; safe disposal of returned needles, and any other measures that may be required to control the use and dispersal of sterile needles and syringes, provided however that a participant may return used needles and syringes at any program site if more than 1 site is available.
(5) Include appropriate levels of staff expertise in working with injecting drug users and adequate staff training in providing community referrals, counseling, and preventive education.
(6) Include services to:
a. Educate the participants about the dangers of contracting HIV or hepatitis viruses through needle-sharing practices and unsafe sexual behaviors;
b. Provide HIV testing and other communicable disease testing as appropriate when available;
c. Provide a linkage for referrals to drug counseling and treatment services, and follow-up to those referrals to assure that participants are retained in care and receive available treatment.
(7) Establish procedures for identifying participants consistent with the confidentiality provisions of this subchapter.
(8) Establish a method of identification and authorization for program staff members who have access to hypodermic needles, syringes, or program records.
(9) Program structure and delivery methods will be designed in response to the local community in which the program operates.
(10) [Repealed.]
75 Del. Laws, c. 428, §  1;  78 Del. Laws, c. 86, §  1;  80 Del. Laws, c. 398, §  1;  84 Del. Laws, c. 160, § 4;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter IX. Sterile Needle and Syringe Service Program for the Prevention of AIDS and Other Diseases › § 7993. Criminal liability.

§ 7993. Criminal liability.
(a) Distribution or return of needles and syringes under the sterile needle and syringe service program is exempt from the provisions of § § 4762, 4771, and 4772 of Title 16 for the participant or for the employees of the Division or designated program staff, whenever the possession or distribution of the controlled paraphernalia or hypodermic syringe or needle is a direct result of the employee's or participant's activities in connection with the work of the program authorized under this subchapter.
(b) Notwithstanding the provisions of subsection (a) of this section, a program staff member or program participant is not immune from criminal prosecution for:
(1) The redistribution of hypodermic needles or syringes in any form;
(2) Any activities not authorized or approved by the program; or
(3) Violation of laws prohibiting or regulating the use, possession, dispensing, distribution, or promotion of controlled substances.
75 Del. Laws, c. 428, §  1;  78 Del. Laws, c. 13, §  50;  78 Del. Laws, c. 86, §  1;  84 Del. Laws, c. 160, § 5;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter IX. Sterile Needle and Syringe Service Program for the Prevention of AIDS and Other Diseases › § 7994. Oversight Committee.

§ 7994. Oversight Committee.
The Director shall appoint an Oversight Committee for the program to provide assistance and advice in the oversight of the program. The Committee shall include:
1 representative of law enforcement from each county in Delaware and 1 representative of law enforcement from the City of Wilmington; 1 physician; 1 injecting drug user or former injecting drug user from each county in Delaware and the City of Wilmington, and up to 2 other individuals who the Director determines to be appropriate for appointment; 1 legislator from the Senate appointed by the President Pro Tem and 1 legislator from the House of Representatives appointed by the Speaker of the House; 1 elected official from each county in Delaware and the City of Wilmington; and 1 citizen from each county in Delaware and the City of Wilmington. The Committee shall meet periodically to monitor the progress and effectiveness of the program and to examine data compiled by the program pursuant to § 7995 of this title.
75 Del. Laws, c. 428, §  1;  78 Del. Laws, c. 86, §  1;  80 Del. Laws, c. 398, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter IX. Sterile Needle and Syringe Service Program for the Prevention of AIDS and Other Diseases › § 7995. Data collection and program reports.

§ 7995. Data collection and program reports.
The program shall collect the following data for the Director and the Oversight Committee:
(1) Information on the number of participants served and the number of needles and syringes distributed;
(2) A demographic profile of the participants served, including but not limited to:
age, sex, ethnicity, area of residence, types of drugs used, length of drug use, and frequency of injection;
(3) The number of participants entering drug counseling and treatment, and the number of referrals made by the program for drug counseling and treatment;
(4) Data on participants regarding HIV testing and other communicable disease testing, counseling, or other social services;
(5) Assessment of the impact of the program on needle and syringe sharing and other high risk behaviors;
(6) Impact on the transmission of HIV and hepatitis infection among injection drug users and their contacts;
(7) Other data as requested by the Director or Oversight Committee to assess the cost effectiveness and strengths and weaknesses of the program.
75 Del. Laws, c. 428, §  1;  78 Del. Laws, c. 86, §  1;  80 Del. Laws, c. 398, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter IX. Sterile Needle and Syringe Service Program for the Prevention of AIDS and Other Diseases › § 7996. Identification of participants and confidentiality.

§ 7996. Identification of participants and confidentiality.
(a) Each program participant shall be issued an identification card with an identification number. The identification number shall be cross-indexed to a confidential record containing pertinent data on the participant.
(b) Information obtained by the program that would identify program participants, including program records is:
(1) Confidential;
(2) Not open to public inspection or disclosure; and
(3) Not discoverable in any criminal or civil proceeding.
(c) Upon the written consent of a program participant, information obtained by the program may be released or disclosed to a person or agency as directed by the participant.
(d) If a program participant raises the issue of participation in the program either as a subject matter or legal defense in an administrative, civil, or criminal proceeding, the program participant waives the confidentiality of identity provided under subsections (a) and (b) of this section.
75 Del. Laws, c. 428, §  1;  78 Del. Laws, c. 86, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter X. Office of Financial Empowerment › § 7997. Office of Financial Empowerment.

§ 7997. Office of Financial Empowerment.
(a) The Office of Financial Empowerment is hereby established within the Office of the Secretary, Department of Health and Social Services.
(b) As used in this section:
(1) “Office” means the Office of Financial Empowerment.
(2) “Secretary” means the Secretary of the Department of Health and Social Services.
(c) The Office is established to address financial literacy and empowerment issues for the following purposes:
(1) To facilitate appropriate forums, programs or initiatives designed to educate the public regarding financial literacy and empowerment and provide personal financial coaching to economically vulnerable Delawareans.
(2) To assist the Secretary in identifying, coordinating and establishing priorities for programs, services, and resources the State should provide for financial literacy and personal financial empowerment.
(3) To serve as a resource to a broad variety of organizations in Delaware, including state agencies, employers, educational institutions, and nonprofits, for information and services regarding financial literacy and empowerment.
(4) To provide relevant research information on economic security and financial empowerment and data conducted or compiled by Delaware Health and Social Services and other entities in collaboration with the Department.
(5) To seek funding from private or governmental entities to carry out the purposes of this chapter.
(6) To prepare materials for publication and dissemination to the public on financial literacy and empowerment.
(7) To conduct public educational forums in Delaware to raise public awareness and to educate citizens about financial literacy and empowerment.
(8) To coordinate the activities and programs of the Office with other entities that focus on financial literacy and empowerment, including other state agencies.
(d) The structure of the Office of Financial Empowerment will be determined by the Secretary, and such other employees as shall be determined by the Secretary.
80 Del. Laws, c. 82, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter XI. Background Checks for Employees, Contractors, and Volunteers › § 7998. Purpose; application; definitions.

§ 7998. Purpose; application; definitions.
(a) The purpose of this subchapter is to protect the safety and well-being of children who receive services from the Department of Health and Social Services by requiring individuals who visit children in their homes and in the community or have regular, direct access to children or adolescents under the age of 18 to submit to a criminal background check.
(b) All of the following individuals must submit to a criminal background check:
(1) A current employee, contractor, or volunteer of the Department who has not completed a criminal background check.
(2) A current employee of the Department who is seeking a promotion within the same program or another child-serving program.
(3) An individual seeking to become an employee, contractor, or volunteer of the Department.
(4) A current employee, contractor, or volunteer of the Department who the Department has a reasonable basis to suspect has been arrested for a disqualifying crime since becoming employed or commencing work with the Department.
(5) All students volunteering for the Department, including those completing required clinical hours.
(c) As used in this subchapter:
(1) “Child Protection Registry” means as defined under § 921 of Title 16.
(2) “Criminal background check” means a report of an individual's federal and state criminal history record from the Delaware State Bureau of Identification and the Federal Bureau of Investigation.
(3) “Conviction” or “convicted” means as defined under § 902 of Title 16.
(4) “Department” means the Department of Health and Social Services.
(5) “Direct access” means the opportunity to have personal, unsupervised contact with persons receiving care or education during the course of one's assigned duties.
(6) “Disqualifying criminal conviction” means those convictions set forth in § 309(d)(1) of Title 31 and the length of prohibition is the same as that set forth under that paragraph.
(d) This subchapter does not apply to individuals who are otherwise required by state or federal law or regulation to submit to a background check.
83 Del. Laws, c. 491, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 79A. CEMETERY REGISTRATION AND DISTRESSED CEMETERY FUND › § 7901A. Objectives.

§ 7901A. Objectives.
The primary objective of this chapter is to provide for the registration of cemeteries in Delaware. The secondary objectives are to appropriately refer complaints from the public relating to cemeteries and to create a fund that can be used to ameliorate the conditions in a distressed cemetery.
76 Del. Laws, c. 317, §  1;  79 Del. Laws, c. 116.;
2023 Delaware Code › Title 29 - State Government › Chapter 79A. CEMETERY REGISTRATION AND DISTRESSED CEMETERY FUND › § 7902A. Definitions.

§ 7902A. Definitions.
As used in this chapter unless otherwise stated:
(1) “Abandoned cemetery” shall mean a cemetery where there is no owner of record in the respective county's recorder of deeds records.
(2) “Board” means the Cemetery Board established in this chapter.
(3) “Cemetery” shall mean land or structure used or intended to be used for the interment/entombment of human remains including facilities used for the final disposition of cremated remains.
(4) “Cemetery company” shall mean any person engaged in the business of:
a. Selling or offering for sale any grave or entombment right in a cemetery and representing to the public that the entire cemetery property, a single grave, or entombment right therein will be indefinitely cared for; or
b. Maintaining a facility used for the interment of human remains, whether a full body or cremated human remains.
(5) “Department” means Department of Health and Social Services.
(6) “Distressed cemetery” means any land or structure used or intended to be used for the interment/entombment of human remains including facilities used for the final disposition of cremated remains whereby the owner lacks sufficient financial resources for the maintenance or preservation of said cemetery as determined by the Board. An abandoned cemetery may qualify as a distressed cemetery if registered with the State by a responsible party/volunteer.
(7) “Distressed Cemetery Fund” or “Fund” means the money collected as provided here in for maintenance or preservation of a distressed cemetery.
76 Del. Laws, c. 317, §  1;  79 Del. Laws, c. 116.;
2023 Delaware Code › Title 29 - State Government › Chapter 79A. CEMETERY REGISTRATION AND DISTRESSED CEMETERY FUND › § 7903A. Cemetery Board.

§ 7903A. Cemetery Board.
(a) There is established a Cemetery Board that shall consist of 5 members appointed by the Secretary of the Department of Health and Social Services including 3 who are owners or operators of cemeteries and 2 who are public members. Each member shall serve for a term of 3 years, and may successively serve additional terms. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member.
(b) Members of the Board shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties, to the extent that funds are available and the expenditures are in accordance with state laws. A Chairperson of the Board shall be chosen by members of the Board from among its members, shall serve in that capacity for a term of 3 years, and shall be eligible for reelection.
(c) The Board shall hold regularly scheduled meetings at least twice each year, and at such times as the Chairperson deems necessary; or at the request of a majority of the Board members.
76 Del. Laws, c. 317, §  1;  79 Del. Laws, c. 116.;
2023 Delaware Code › Title 29 - State Government › Chapter 79A. CEMETERY REGISTRATION AND DISTRESSED CEMETERY FUND › § 7904A. Powers and duties.

§ 7904A. Powers and duties.
The Cemetery Board shall have authority to:
(1) Promulgate rules and regulations necessary to implement this chapter;
(2) Designate the registration form to be used by all registrants;
(3) Administer the Distressed Cemetery Fund;
(4) Designate the form to be submitted by applicants for assistance from the Fund;
(5) Designate a cemetery as “distressed” based on standards set forth herein and in the rules and regulations;
(6) Authorize payment to a distressed cemetery from the Fund. Decisions can be conditional but the conditions must be related to the specific project in question;
(7) Require a thorough accounting of each recipient's use of money from the Fund;
(8) Receive and forward to appropriate agencies of the State, or other organizations, complaints from any person relating to a Delaware cemetery;
(9) Address specific cemetery issues as requested by the Governor or the General Assembly.
76 Del. Laws, c. 317, §  1;  79 Del. Laws, c. 116.;
2023 Delaware Code › Title 29 - State Government › Chapter 79A. CEMETERY REGISTRATION AND DISTRESSED CEMETERY FUND › § 7906A. Registration required.

§ 7906A. Registration required.
All cemetery companies and cemetery owners in this State shall register every 5 years or upon change of ownership with the Cemetery Board and pay the registration fee determined by Department of Health and Social Services in an amount that approximates and reasonably reflects the costs necessary to defray the expenses of the Board. A volunteer may register an abandoned cemetery.
76 Del. Laws, c. 317, §  1;  79 Del. Laws, c. 116.;
2023 Delaware Code › Title 29 - State Government › Chapter 79A. CEMETERY REGISTRATION AND DISTRESSED CEMETERY FUND › § 7907A. Distressed Cemetery Fund.

§ 7907A. Distressed Cemetery Fund.
(a) The Distressed Cemetery Fund is funded by adding $2.00 to the fee established in § 3132 of Title 16 for each copy of a certificate of death. Individuals and organizations may also make contributions or bequests to the Fund.
(b) Administrative support shall be provided by the Division of Public Health of the Department of Health and Social Services.
(c) The Distressed Cemetery Fund must be audited annually by the State Auditor's Office.
76 Del. Laws, c. 317, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 80. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL › Subchapter I. Natural Resources and Environmental Control › § 8001. Establishment of Department of Natural Resources and Environmental Control.

§ 8001. Establishment of Department of Natural Resources and Environmental Control.
A Department of Natural Resources and Environmental Control is established and shall have, in addition to the other powers, duties and functions vested in the Department by this chapter, the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Highway Department pursuant to Chapter 45 of Title 7.
29 Del. C. 1953, §  8001;  57 Del. Laws, c. 302, §  1;  57 Del. Laws, c. 739, §  221A;