reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25A. DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT › § 2512A. Resolution of conflicts.

§ 2512A. Resolution of conflicts.
(a) In the event of a disagreement between the patient's authorized representative and the patient's health-care practitioner concerning the patient's decision-making capacity or the appropriate interpretation and application of the terms of a completed DMOST form regarding the patient's course of treatment, the parties:
(1) May seek to resolve the disagreement by means of procedures and practices established by the health-care institution, including, but not limited to, consultation with an institutional ethics committee, or with an individual designated by the health-care institution for this purpose; or
(2) May seek resolution by a court of competent jurisdiction.
(b) A health-care provider involved in the patient's care or an administrator of a health-care institution may seek to resolve a disagreement concerning the appropriate interpretation and application of the terms of a completed DMOST form to the patient's course of treatment in the same manner as set forth in subsection (a) of this section.
80 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25A. DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT › § 2513A. Conflicting directives.

§ 2513A. Conflicting directives.
(a) The patient's scope of treatment shall be governed by the latest directive available.
(b) If the treatment directives of a later advance health-care directive conflict with the patient's directives on a DMOST form, a health-care practitioner shall be informed so that the DMOST form can be modified or voided in order to reflect that patient's later directive.
(c) If there is a conflict between the patient's expressed oral or written directives, the DMOST form, or the decisions of the patient's authorized representative, the patient's last expressed oral or written directives shall be followed and, if necessary, a new DMOST form shall be prepared and executed.
80 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25A. DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT › § 2514A. Safeguards.

§ 2514A. Safeguards.
Any individual or entity may petition the Court of Chancery for appointment of a guardian of the person of a patient if that individual or entity has good reason to believe that the withdrawal or withholding of health care in a particular case:
(1) Is contrary to the most recent expressed wishes of a patient;
(2) Is predicated on an incorrect assessment of the patient's decision-making capacity;
(3) Is being proposed pursuant to a DMOST form that has been falsified, forged, or coerced;
(4) Is being considered without knowledge of a revocation of a completed DMOST form which has been unlawfully concealed, destroyed, altered, or cancelled; or
(5) Is based on a patient's status either as an individual with a preexisting long-term mental or physical disability, or as an individual who is economically disadvantaged.
80 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25A. DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT › § 2515A. Immunity.

§ 2515A. Immunity.
A health-care institution, health-care practitioner, or health-care provider acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care institution, health-care practitioner, or health-care provider is not subject to civil or criminal liability or to discipline for unprofessional conduct for:
(1) Complying with a DMOST form signed by a health-care practitioner apparently having authority to make a DMOST for a patient, including a decision to withhold or withdraw health care;
(2) Declining to comply with a DMOST form based on a belief that the health-care practitioner then lacked authority to sign a DMOST;
(3) Complying with a DMOST form and assuming that the DMOST form was valid when made and has not been modified or voided;
(4) Providing life-sustaining treatment in an emergency situation when the existence of a DMOST form is unknown; or
(5) Declining to comply with a DMOST form because the DMOST form is contrary to the conscience or good faith medical judgment of the health-care practitioner or the written policies of the health-care institution.
80 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25A. DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT › § 2516A. Assumptions and presumptions.

§ 2516A. Assumptions and presumptions.
(a) Neither the execution of a DMOST form under this chapter nor the fact that health care is withheld or withdrawn from a patient in accordance therewith shall, for any purpose, constitute a suicide.
(b) The completion of a DMOST form pursuant to this chapter shall not be deemed or presumed to modify the terms of an existing insurance policy. No policy of insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of health care from an insured patient, notwithstanding any term of the policy to the contrary.
(c) No health-care institution, health-care provider, health-care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, nonprofit hospital service plan, or any other type of direct or indirect provider of health-care benefits or services, shall require any individual to execute a DMOST form as a condition to being insured, to receiving care, or to being admitted to a health-care institution in order to receiving health-care services.
80 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25A. DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT › § 2517A. Penalties.

§ 2517A. Penalties.
(a) A health-care provider who fails to act in accordance with the requirements of this chapter is subject to discipline for professional misconduct.
(b) A health-care institution that intentionally fails to act in accordance with the requirements of this chapter shall be liable for a civil penalty of not more than $1,000 for each offense. For the purposes of this subsection, each violation shall constitute a separate offense.
(c) An emergency-care provider subject to regulation by the Department who intentionally fails to act in accordance with the requirements of this chapter is subject to such disciplinary measures as the Secretary of Department deems necessary and consistent with the Department's statutory authority.
(d) An individual who intentionally or knowingly commits any of the following acts is guilty of a class G felony:
(1) Concealing, canceling, defacing, obliterating, or withholding personal knowledge of a completed DMOST form or a modification or revocation thereof, without the patient's consent, or if the patient lacks decision-making capacity, without the consent of the patient's authorized representative;
(2) Falsifying or forging a completed DMOST form or a modification or revocation thereof; or
(3) Coercing or fraudulently inducing the completion of a DMOST form or a modification or revocation thereof by a patient or, if a patient lacks decision-making capacity, by a patient's authorized representative.
(e) Any organization that is a health-care provider, health-care institution, or “person” as defined in § 102(11) of Title 18 who intentionally or knowingly requires or prohibits the completion of a DMOST form or a modification or revocation thereof as a condition of coverage under any policy of health or life insurance, or an annuity, or a public benefits program, or as a condition of the provision of health care is guilty of a class A misdemeanor for each and every act or violation, and may be subject to suspension or revocation of such person's authority to do business in Delaware.
(f) The provisions of this section shall not be construed to repeal any sanctions applicable under any other law.
(g) The Superior Court shall have jurisdiction over all civil monetary penalties and offenses under this chapter.
80 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25A. DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT › § 2518A. Capacity.

§ 2518A. Capacity.
(a) An adult individual is presumed to have capacity to make a health-care decision and to execute, modify or void a DMOST form.
(b) A determination that a patient lacks decision-making capacity must be made by a physician, and if a patient's authorized representative is executing the DMOST form such determination by a physician shall be required.
80 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25A. DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT › § 2519A. Severability.

§ 2519A. Severability.
The provisions of this chapter are severable, and if any word, phrase, clause, sentence, section, or provision of this chapter is for any reason held to be unconstitutional, the decision of the court shall not affect or impair any of the remaining provisions of this chapter. It is hereby declared as the legislative intent that this chapter would have been adopted had such unconstitutional word, phrase, clause, sentence, section or provision thereof not been included herein.
80 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26. CHILDHOOD LEAD POISONING PREVENTION ACT › § 2601. Short title; definitions.

§ 2601. Short title; definitions.
(a) This chapter shall be known and may be cited as the Childhood Lead Poisoning Prevention Act.
(b) For purposes of this chapter:
(1) “Department” means the Department of Health and Social Services.
(2) “Elevated blood lead level” means a blood lead level that meets or exceeds 3.5 micrograms per deciliter or a blood lead level established by the federal Centers for Disease Control and Prevention as the federal Centers for Disease Control and Prevention's blood lead reference value, whichever is lower.
(3) “Lead-exposure site” means the location where a child was most likely exposed to lead.
(4) “Program”, used as a proper noun, means the Delaware State Lead-Based Paint Program created under § 2607 of this title.
(5) “Screening” means a capillary blood lead test, including where a drop of blood is taken from a finger or heel of the foot.
(6) “Testing” means a venous blood lead test where blood is drawn from a vein.
69 Del. Laws, c. 310, §  1;  83 Del. Laws, c. 75, § 1;  84 Del. Laws, c. 102, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26. CHILDHOOD LEAD POISONING PREVENTION ACT › § 2602. Physicians and health-care facilities to screen children.

§ 2602. Physicians and health-care facilities to screen children.
(a) Every health-care provider who is the primary health-care provider for a child shall order lead poisoning screening of the child, under regulations adopted by the Division of Public Health, at or around 12 and 24 months of age.
(b) [Repealed.]
(c) (1) If screening under subsection (a) of this section determines that a child has an elevated blood lead level, the health-care provider shall order testing under regulations adopted by the Division of Public Health.
(2) A health-care provider is encouraged to use the health-care provider's clinical judgement to determine when testing should be used in lieu of screening under subsection (a) of this section.
(d) All laboratories and health-care providers involved in blood lead level analysis, including screening and testing, shall participate in a universal reporting system as established by the Division of Public Health. The universal reporting system shall include the lead screening and testing results of all children, regardless of age.
(e) Nothing in this section may be construed to require any child to undergo screening or testing if the child's parent or guardian objects on the grounds that the screening or testing conflicts with the parent's or guardian's religious beliefs.
(f) [Repealed.]
(g) Every health-care provider who is the primary health-care provider for a child shall report the results of lead poisoning screening on electronic forms to be developed by the Division of Public Health. The forms must contain provider information and the date of the screening. The forms shall be completed at well visits for children at or around 12 and 24 months of age, and for every other instance of screening. The Division of Public Health shall determine in what manner the forms shall be reported to the Division.
69 Del. Laws, c. 310, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 402, §§  1, 3;  83 Del. Laws, c. 75, § 2;  84 Del. Laws, c. 189, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26. CHILDHOOD LEAD POISONING PREVENTION ACT › § 2603. Screening prior to child care or school enrollment.

§ 2603. Screening prior to child care or school enrollment.
(a) For every child who has reached the age of 12 months, child care facilities and public and private nursery schools, preschools, and kindergartens shall require proof of screening for lead poisoning for admission or continued enrollment.
(b) Except in the case of enrollment in kindergarten, the screening under subsection (a) of this section may be done within 60 calendar days of the date of enrollment.
(c) A child's parent or guardian must provide 1 of the following:
(1) A statement from the child's primary health-care provider that the child has received a screening for lead poisoning.
(2) A certificate signed by the parent or guardian stating that the screening is contrary to the parent's or guardian's religious beliefs.
(d) The Division of Public Health shall ensure that all school nurses have access to data that confirms or denies whether each enrolled child has been screened for lead poisoning. A record of the proof of screening shall be kept in each student's school health record.
(e) By November 1 of each year, all school districts and charter schools must report to the Division of Public Health the number of students enrolled in kindergarten who have not met the requirements under subsection (c) of this section.
69 Del. Laws, c. 310, §  1;  74 Del. Laws, c. 76, §  1;  83 Del. Laws, c. 75, § 3;  84 Del. Laws, c. 189, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26. CHILDHOOD LEAD POISONING PREVENTION ACT › § 2604. Reimbursement by third-party payers.

§ 2604. Reimbursement by third-party payers.
Blood lead testing, screening, screening-related services, and diagnostic evaluations as required by § 2602 of this title are reimbursable under health insurance contracts and group and blanket health insurance under §§ 3337 and 3554 of Title 18, respectively.
69 Del. Laws, c. 310, §  1;  83 Del. Laws, c. 75, § 4;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26. CHILDHOOD LEAD POISONING PREVENTION ACT › § 2605. Childhood Lead Poisoning Prevention Advisory Committee.

§ 2605. Childhood Lead Poisoning Prevention Advisory Committee.
(a) The Childhood Lead Poisoning Prevention Advisory Committee (“Committee”) is established to advise on the implementation of this chapter and to make any necessary recommendations for the implementation of this chapter or improvements of the processes to be followed by the agencies responsible for the implementation of this chapter.
(b) The Committee shall annually prepare and distribute a report to the General Assembly regarding this chapter, the intervention activities, studies of incidence, the State Blood Lead Screening Program, and monitoring and implementation of regulations promulgated under this chapter.
(c) The Committee consists of the following:
(1) The Secretary of the Department of Education.
(2) The Secretary of the Department of Health and Social Services.
(3) The Secretary of the Department of Services for Children, Youth & their Families.
(4) The Director of the Delaware State Housing Authority.
(5) The President of the Delaware Association of School Administrators.
(6) The President of the Delaware Association of Realtors.
(7) A Delaware pediatric provider, appointed by the Governor.
(8) Five members, appointed by the Governor, with at least 1 from each county.
(9) One member, appointed by the Speaker of the House of Representatives.
(10) One member, appointed by the President Pro Tempore of the Senate.
(d) A member serving by virtue of position may appoint a designee to serve in the member's stead and at the member's pleasure.
(e) The Committee shall elect a Chair and a Vice Chair from among the Committee's members.
(f) The Committee may form advisory subcommittees, which may include individuals who are not members of the Committee, to assist the Committee in its duties.
(g) The Department shall provide staff support for the Committee.
(h) The Committee shall oversee the Program, including to ensure that funds in the Delaware Lead-based Paint Remediation and Abatement Fund are spent appropriately and that lead-based paint remediation and abatement activities are taking place in a timely manner given funds available.
(i) The Committee is a public body.
73 Del. Laws, c. 46, §  2;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 17, § 1;  83 Del. Laws, c. 27, § 1;  84 Del. Laws, c. 102, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26. CHILDHOOD LEAD POISONING PREVENTION ACT › § 2606. Annual report.

§ 2606. Annual report.
The Division of Public Health shall annually, on or before January 1, provide a report on elevated blood lead levels to the General Assembly by delivering a copy of the report to the Secretary of the Senate, Chief Clerk of the House of Representatives, and the Director and Librarian of the Division of Research.
83 Del. Laws, c. 75, § 5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26. CHILDHOOD LEAD POISONING PREVENTION ACT › § 2607. Delaware State Lead-Based Paint Program.

§ 2607. Delaware State Lead-Based Paint Program.
(a) A program is created in the Department to be known as the Delaware State Lead-Based Paint Program.
(b) Subject to subsection (c) of this section the Program shall exist and operate independently of any other lead-based paint abatement or remediation program in this State.
(c) The Program shall coordinate its efforts with any other lead-based paint abatement or remediation program in this State to ensure efficient use of Delaware state.
84 Del. Laws, c. 102, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26. CHILDHOOD LEAD POISONING PREVENTION ACT › § 2608. Oversight of Delaware State Lead-Based Paint Program.

§ 2608. Oversight of Delaware State Lead-Based Paint Program.
(a) The Department shall operate the Program.
(b) The Secretary of the Department shall appoint an employee of the Department as the Program Director.
(c) The Program Director shall have full authority and responsibility for the Program. The Secretary may use discretionary funds allocated to the Department to provide contract support to the Program, however, the Program Director and Secretary of the Department are ultimately responsible and accountable for the Program.
84 Del. Laws, c. 102, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26. CHILDHOOD LEAD POISONING PREVENTION ACT › § 2609. Public information.

§ 2609. Public information.
(a) Except as otherwise provided by the Freedom of Information Act, Chapter 100 of Title 29, and subsection (b) of this section, all communications with the Program are public records under the Freedom of Information Act, Chapter 100 of Title 29.
(b) This section does not apply to confidential health information.
84 Del. Laws, c. 102, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26. CHILDHOOD LEAD POISONING PREVENTION ACT › § 2610. Division of Public Health duty to investigate.

§ 2610. Division of Public Health duty to investigate.
The Division of Public Health shall do all of the following within 60 days of receiving notification through the universal reporting system established by this chapter that a child has an elevated blood lead level:
(1) Determine the residential address of the child from birth through the date of testing.
(2) Make a determination as to the child's lead-exposure site.
(3) Determine the owner of the child's lead-exposure site and obtain contact information for the owner of the lead-exposure site.
84 Del. Laws, c. 102, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26. CHILDHOOD LEAD POISONING PREVENTION ACT › § 2611. Division of Public Health duty to notify.

§ 2611. Division of Public Health duty to notify.
Within 10 days of determining a child's lead-exposure site and the owner of a lead-exposure site under § 2610 of this title, the Division of Public Health shall communicate all of the following to the Program:
(1) The location of the lead-exposure site.
(2) The contact information for the owner of the lead-exposure site.
84 Del. Laws, c. 102, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26. CHILDHOOD LEAD POISONING PREVENTION ACT › § 2613. Delaware Lead-Based Paint Abatement and Remediation Fund.

§ 2613. Delaware Lead-Based Paint Abatement and Remediation Fund.
(a) A special fund of the State is created in the Department of Finance to be known as the “The Delaware Lead-Based Paint Abatement and Remediation Fund” (“the Fund”). All other moneys, including gifts, bequests, grants, or other funds from private or public sources specifically designated for the Fund must be deposited or transferred to the Fund. Moneys in the Fund may be saved and deposited in an interest-bearing savings or investment account. Interest or other income earned on the moneys in the Fund must be deposited or transferred into the Fund. The Fund may not lapse or revert to the General Fund.
(b) Moneys from the Fund may only be expended on the following:
(1) Payment to contractors for conducting lead risk assessments.
(2) Payment to contractors for the abatement or remediation of lead-based paint on properties specifically approved for abatement or remediation by the Program.
(3) Temporary lodging of persons temporarily displaced during the abatement or remediation of lead-based paint at a lead-exposure site.
(4) Payments to third parties necessary to oversee proper administration of funds under paragraphs (b)(1) and (b)(2) of this section.
(c) Moneys from the Fund may not be used to supplant any funds from any federal, state, or local government entity.
(d) Each submission of a proposed budget from the Governor to the General Assembly under § 6335 of Title 29 must contain a specific proposed appropriation to the Fund.
84 Del. Laws, c. 102, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26. CHILDHOOD LEAD POISONING PREVENTION ACT › § 2614. Provisional certification of contractors.

§ 2614. Provisional certification of contractors.
(a) The Department may grant provisional certification for abatement and remediation work conducted under this chapter to an individual who has been certified to conduct equivalent abatement and remediation work in another state with certification standards the Department finds to be at least as stringent as the standards enforced by this State.
(b) A provisional certification issued under subsection (a) of this section is valid for 1 year.
(c) During the provisional certification under subsection (a) of this section a contractor must receive appropriate certification as required under the law of this State.
(d) Nothing in this chapter prohibits the Department from granting reciprocal certification to an individual who is certified to perform equivalent work in another state with certification standards the Department finds to be at least as stringent as those enforced by this State.
(e) The Department may require proof of knowledge of standards and practices as a condition of provisional or reciprocal certification under this section.
84 Del. Laws, c. 102, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26. CHILDHOOD LEAD POISONING PREVENTION ACT › § 2615. Universal reporting system requirement.

§ 2615. Universal reporting system requirement.
The universal reporting system established under § 2602 of this title must require that a child's health-care provider provide to the Division of Public Health the lead level found in the blood of each child who is screened or tested.
84 Del. Laws, c. 102, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26A. HEARING AID LOAN BANK PROGRAM › § 2601A. Short title.

§ 2601A. Short title.
The short title of this chapter shall be known and may be cited as the “Hearing Aid Loan Bank Re-Authorization Act.”
74 Del. Laws, c. 109, §  1;  76 Del. Laws, c. 129, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26A. HEARING AID LOAN BANK PROGRAM › § 2602A. Definitions.

§ 2602A. Definitions.
The following definitions shall be applicable to this chapter:
(1) “Director” means the Director of the Division of Public Health, Department of Health and Social Services.
(2) “Division” means the Division of Public Health, Department of Health and Social Services.
(3) “Eligible child” means a child who:
a. Is a resident of the State;
b. Is identified by a licensed audiologist as having a hearing impairment;
c. Has no immediate access to a hearing aid; and
d. Is under the age of 18 years.
(4) “Licensed audiologist” means an individual who is licensed to practice audiology under Chapter 37 of Title 24.
(5) “Loan bank” means the hearing aid loan bank.
(6) “Program” means the Hearing Aid Loan Bank Program.
(7) “Program manager” means the program manager of the Hearing Aid Loan Bank Program.
74 Del. Laws, c. 109, §  1;  76 Del. Laws, c. 129, §  1;  76 Del. Laws, c. 408, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26A. HEARING AID LOAN BANK PROGRAM › § 2603A. Hearing Aid Loan Bank Program.

§ 2603A. Hearing Aid Loan Bank Program.
(a) A Hearing Aid Loan Bank Program is re-established in the Division.
(b) The program hereby re-established is for the purpose of lending hearing aids on a temporary basis to parents and legal guardians of eligible children in order to ensure that such children have maximum auditory exposure during critical years of language development and learning.
74 Del. Laws, c. 109, §  1;  76 Del. Laws, c. 129, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26A. HEARING AID LOAN BANK PROGRAM › § 2604A. Administration.

§ 2604A. Administration.
(a) The program shall be administered by a program manager hired under the merit system.
(b) The Newborn Hearing Screening Program manager shall be the Hearing Aid Loan Bank Program manager, who shall be responsible for the Hearing Aid Loan Program.
(c) The program manager must contract with licensed audiologists for the implementation and administration of Hearing Aid Loan Bank sites.
(d) The program manager shall provide and maintain:
(1) A pool of hearing aids in the loan bank to lend to a parent or legal guardian of an eligible child;
(2) Testing and programming equipment or contracts for testing and programming for hearing aids in the loan bank; and
(3) Supplies for repair and reconditioning or contracts for supplies and services for repair and reconditioning of hearing aids in the loan bank.
74 Del. Laws, c. 109, §  1;  76 Del. Laws, c. 129, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26A. HEARING AID LOAN BANK PROGRAM › § 2605A. Hearing aids: procedures, loans.

§ 2605A. Hearing aids:
procedures, loans.
(a) The program manager shall lend a suitable hearing aid to a parent or legal guardian of an eligible child upon receipt of:
(1) A prescription from a licensed audiologist; and
(2) Any documents required by the program manager to prove that the child is an eligible child.
(b) The loan period shall be for not more than 6 months except that the program manager may extend the original loan period for additional 6-month periods if, prior to each extension, the program manager determines that:
(1) The child does not have immediate access to another hearing aid under Medicaid, the State Children's Health Program, or private health insurance;
(2) The child's parent or legal guardian currently does not have the financial means to obtain immediate access to another hearing aid; and
(3) The child's parent or legal guardian is making reasonable efforts to obtain access to another hearing aid.
(c) A parent or legal guardian who borrows a hearing aid for an eligible child shall:
(1) Be the custodian of the hearing aid;
(2) Return the hearing aid immediately to the loan bank upon the expiration of the loan period or receipt of a suitable permanent hearing aid, whichever occurs first;
(3) Be responsible for the proper care and use of the hearing aid;
(4) Be responsible for any damage to or loss of the hearing aid; and
(5) Sign a written agreement provided by the program manager that states the term and conditions of the loan.
(d) The program manager shall ensure that the eligible child's licensed audiologist instructs the parent or legal guardian about the proper care and use of a hearing aid provided under the program.
74 Del. Laws, c. 109, §  1;  76 Del. Laws, c. 129, §  1;  76 Del. Laws, c. 408, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26A. HEARING AID LOAN BANK PROGRAM › § 2606A. Regulations.

§ 2606A. Regulations.
The Division of Public Health shall adopt regulations to implement the provisions of this chapter, including regulations that:
(1) For the purpose of implementing § 2605A(a) of this title, identify the types of documents that the program manager may require a parent or legal guardian to submit to prove that a child is an eligible child; and
(2) For the purpose of implementing § 2605A(b) of this title, establish factors that the program manager shall consider when evaluating whether a parent or legal guardian:
a. Has the financial means to obtain immediate access to another hearing aid; or
b. Is making reasonable efforts to obtain immediate access to another hearing aid.
74 Del. Laws, c. 109, §  1;  76 Del. Laws, c. 129, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 26A. HEARING AID LOAN BANK PROGRAM › § 2607A. Reports.

§ 2607A. Reports.
(a) Beginning in the year 2008, and no later than January 15 of each year thereafter, the Director of Public Health shall submit an annual report to the Governor and the General Assembly regarding the implementation of this chapter.
(b) The annual report shall include the following information:
(1) The number and ages of children who received hearing aids through the loan program that year;
(2) The number of children who received hearing aids through the loan program that year and subsequently received hearing aids through Medicaid, the State's Children's Health Program, or private insurance;
(3) The length of each original loan;
(4) The number of times that each original loan was extended and the length of each extension;
(5) The number of times that hearing aids were not properly returned to the loan bank; and
(6) Any other information that the Director believes is relevant to evaluating the costs and benefits of the program.
74 Del. Laws, c. 109, §  1;  76 Del. Laws, c. 129, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter I. Anatomical Studies › § 2701. Registration of approved institutions and persons.

§ 2701. Registration of approved institutions and persons.
Any nonprofit hospital, accredited university or research institution and teachers, students, research workers and technicians in this State conducting anatomical studies accredited by a nationally recognized accrediting body approved by the Board of Medical Licensure and Discipline desiring to obtain dead bodies for the purpose of anatomical studies shall register with the Board of Medical Licensure and Discipline on such forms as may be prescribed by the Board and for the purpose of this subchapter such a registered hospital, university or research institution shall be known as an approved institution, and any registered teacher, student, research worker or technician shall be known as an approved person, and the Board of Medical Licensure and Discipline shall have the right to refuse registration of such hospital, accredited university or research institution or such persons.
24 Del. C. 1953, §  1771;  54 Del. Laws, c. 281;  63 Del. Laws, c. 4, §  1;  65 Del. Laws, c. 487, §  2;  77 Del. Laws, c. 319, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter I. Anatomical Studies › § 2702. Duties of public officers.

§ 2702. Duties of public officers.
Every public officer of this State or of any agency, county or political subdivision thereof, who shall have or receive custody or control of the body of any decedent, other than a dead body on which an autopsy has been performed pursuant to § 4707 of Title 29, and which body is not claimed within a reasonable time by a surviving spouse or relative of the decedent but not less than 120 hours following the death of the decedent, and which body will require burial at the expense of the State or of any agency, county or political subdivision thereof, shall forthwith notify the Medical Council of the existence and location of the dead body and of any identification thereof.
24 Del. C. 1953, §  1772;  54 Del. Laws, c. 281;  65 Del. Laws, c. 487, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter I. Anatomical Studies › § 2703. Designation of recipient approved institution.

§ 2703. Designation of recipient approved institution.
(a) The Medical Council shall promptly, upon receipt of notice of the existence, location and identification of a dead body pursuant to § 2702 of this title, designate 1 of the approved institutions to receive such body for use, including dissection, in connection with anatomical studies conducted by approved persons and shall notify the approved institutions of its designation and shall notify the officer having custody of the body thereof, and the officer shall promptly deliver the body to the approved institution so designated upon payment by the hospital or research institution of the cost of embalming said body and any necessary transportation and storage costs involved.
(b) Each approved institution to which a dead body has been assigned for anatomical studies shall maintain said body in an embalmed condition, shall at all times ensure its proper and safe custody in an approved place of dissection, shall permit only approved persons to have access to such a body and shall identify all parts dissected free from the body with the same serial number assigned to the body by the Medical Council.
24 Del. C. 1953, §  1773;  54 Del. Laws, c. 281;  65 Del. Laws, c. 487, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter I. Anatomical Studies › § 2704. Disposition of remains.

§ 2704. Disposition of remains.
Any approved institution which shall have received a dead body pursuant to this subchapter shall, upon completion of the study thereof, deliver the body as then constituted to the Division of Forensic Science for burial or cremation, and such approved institution shall pay the expenses of such burial or cremation and of the preparation of such body therefor, at the rates provided by law or which are usual and customary in such cases, provided that with the approval of the Inspector of Anatomy mentioned in § 2706 of this title, such an approved institution may retain certain portions of said body for special research or teaching purposes.
24 Del. C. 1953, §  1774;  54 Del. Laws, c. 281;  65 Del. Laws, c. 487, §  2;  84 Del. Laws, c. 117, § 14;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter I. Anatomical Studies › § 2705. Powers and duties of Medical Council.

§ 2705. Powers and duties of Medical Council.
The Medical Council shall in the performance of its duties pursuant to this subchapter:
(1) Establish such reasonable regulations as may be necessary;
(2) Maintain complete records;
(3) Maintain a registry of approved institutions and persons pursuant to § 2701 of this title;
(4) Allocate unclaimed dead bodies to each of the approved institutions according to the number of approved persons and the character of anatomical studies conducted at such approved institutions.
24 Del. C. 1953, §  1775;  54 Del. Laws, c. 281;  65 Del. Laws, c. 487, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter I. Anatomical Studies › § 2706. Appointment of an Inspector of Anatomy.

§ 2706. Appointment of an Inspector of Anatomy.
The Attorney General, in consultation with the Medical Council, shall, on such conditions as the Attorney General may deem fit, appoint as an Inspector of Anatomy, a medical practitioner or a person with a special training or experience in medicolegal matters, and the duties of such Inspector shall be to:
(i) Enter and inspect periodically any or all approved institutions where dissection of dead bodies may be in progress and examine any body or record or thing relating to the use of such dead bodies; (ii) report to the Medical Council and the Attorney General any unsatisfactory condition relating to the custody, use or disposal of dead bodies at such institutions or any other place where they may be located; (iii) investigate the alleged misconduct of any authorized or unauthorized person who has access to dead bodies; and, for the purpose of this subchapter, any person who obstructs the Inspector of Anatomy in the performance of the Inspector's duties shall be punishable by a fine not exceeding $100.
24 Del. C. 1953, §  1776;  54 Del. Laws, c. 281;  65 Del. Laws, c. 487, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter I. Anatomical Studies › § 2707. Postmortem examination only by physicians; liability; consent.

§ 2707. Postmortem examination only by physicians; liability; consent.
(a) No postmortem examination of the body of a deceased person shall be conducted by any person other than a duly licensed doctor of medicine or osteopathy. Written or telegraphic consent for a doctor of medicine or osteopathy to conduct a postmortem examination of the body of the deceased person shall be deemed sufficient when given by whichever 1 of the following assumes custody of the body for the purpose of burial:
Father, mother, husband, wife, child, guardian, next of kin or, in absence of any of the foregoing, a person who assumes the duty of legal disposal of the body. If 2 or more such persons assume custody of the body, consent of 1 of them who is legally considered as the next of kin shall be deemed sufficient.
(b) The licensed physician conducting the postmortem examination shall not be liable in damages for any action taken in making such postmortem examination.
24 Del. C. 1953, §  1777;  56 Del. Laws, c. 429, §  2;  65 Del. Laws, c. 487, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter II. Uniform Anatomical Gift Act › § 2712. Persons who may become donees, and purposes for which anatomical gifts may be made.

§ 2712. Persons who may become donees, and purposes for which anatomical gifts may be made.
(a) An anatomical gift may be made to any of the following persons named in the document of gift:
(1) If for research or education, then to a hospital; accredited medical school, dental school, college or university; the organ procurement organization; or other appropriate person as permitted by law.
(2) Subject to subsection (b) of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part.
(3) An eye bank or tissue bank.
(4) An organ procurement organization.
(b) If an anatomical gift to an individual under paragraph (a)(2) of this section cannot be transplanted into the individual, the part passes in accordance with subsection (c) of this section in the absence of a known objection by the person making the anatomical gift.
(c) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under paragraph (a)(2) of this section, passes to the organ procurement organization.
(d) If the intended purpose or recipient of an anatomical gift is not known the following shall apply:
(1) If the part is an eye, the gift passes to the appropriate eye bank.
(2) If the part is tissue, the gift passes to the appropriate tissue bank.
(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(e) If a document of gift provides for multiple purposes without indicating priority, and transplantation and therapy is one of the purposes, then transplantation and therapy shall be the priority, and the gift, if suitable, shall pass to the appropriate organ procurement organization. If the gift cannot be used for transplantation or therapy, the gift may then be used for any of the other permitted purposes.
(f) If an anatomical gift is made in a document of gift that does not name a person described in subsection (a) of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (d) of this section.
24 Del. C. 1953, §  1782;  57 Del. Laws, c. 445, §  2;  65 Del. Laws, c. 487, §  3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 453, §  3;  80 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter II. Uniform Anatomical Gift Act › § 2713. Manner of executing anatomical gifts.

§ 2713. Manner of executing anatomical gifts.
(a) A gift of all or part of the body under § 2711(a) of this title may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid for testamentary purposes, the gift, to the extent that it has been acted upon in good faith, is nevertheless valid and effective.
(b) A gift of all or part of the body under § 2711(a) of this title may also be made by a document other than a will, including authorizing a statement or symbol indicating that the donor has made an anatomical gift to be recorded in a donor registry or on the donor's driver's license or identification card, or a card or other record signed by the donor. If the donor or other person making a gift is physically unable to sign a record, the record may be signed for the donor at the donor's direction and in the donor's presence and in the presence of 2 witnesses who must sign the document in the donor's presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid. Revocation, suspension, expiration or cancellation under Title 21 of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
(c) The gift may be made to a specified donee or without specifying a donee. A physician who becomes a donee under this subsection shall not participate in the procedures for removing or transplanting a part.
(d) Any gift by a person designated in § 2711(c) of this title shall be made by a document signed by the person or made by the person's telegraphic, recorded, telephonic or other recorded message.
(e) A person who so directs the manner in which the person's body or any part of the person's body shall be disposed of shall receive no remuneration or other thing of value for such disposition.
(f) A document of gift is valid if executed in accordance with:
(1) This chapter;
(2) The law of the state or country where it was executed; or
(3) The law of the state or country where, at the time of execution of the document of gift, the person making the anatomical gift:
a. Is domiciled;
b. Has a place of residence; or
c. Is a citizen.
(g) If a document of gift is valid under this section, the law of Delaware governs interpretation of the document.
(h) A person may rely on a document of gift or amendment of an anatomical gift as being valid unless that person knows that it was not validly executed or was revoked.
24 Del. C. 1953, §  1783;  57 Del. Laws, c. 445, §  2;  59 Del. Laws, c. 330, §  1;  65 Del. Laws, c. 487, §  3;  67 Del. Laws, c. 360, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 453, §  4;  80 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter II. Uniform Anatomical Gift Act › § 2714. Delivery of document of gift.

§ 2714. Delivery of document of gift.
If the gift is made by the donor to a specified donee, the will, card or other document of gift, or an executed copy thereof, may be delivered to the donee to expedite the appropriate procedures immediately after death, but delivery is not necessary to the validity of the gift. The will, card or other document of gift, or an executed copy thereof, may be deposited in any hospital, bank or storage facility or registry office that accepts them for safekeeping or for facilitation of procedures after death. On request of any interested party upon or after the donor's death, the person in possession shall produce the document for examination.
24 Del. C. 1953, §  1784;  57 Del. Laws, c. 445, §  2;  65 Del. Laws, c. 487, §  3;  80 Del. Laws, c. 182, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 27. ANATOMICAL GIFTS AND STUDIES › Subchapter II. Uniform Anatomical Gift Act › § 2715. Amendment or revocation of the gift.

§ 2715. Amendment or revocation of the gift.
(a) If the will, card or other document or executed copy thereof has been delivered to a specified donee, the donor may amend or revoke the gift by:
(1) The execution and delivery to the donee of a signed statement;
(2) An oral statement made in the presence of 2 persons and communicated to the donee;
(3) A statement during a terminal illness or injury addressed to an attending physician and communicated to the donee; or
(4) A signed card or document found on the person or in the person's effects.
(b) Any document of gift which has not been delivered to the donee may be revoked by the donor in the manner set in subsection (a) of this section or by destruction, cancellation or mutilation of the document and all executed copies thereof.
(c) Any gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills or as provided in subsection (a) of this section.
(d) Unless a revocation of a gift under this section includes an objection or refusal to make a gift of a part, it shall not prohibit a person listed in § 2711(c) of this title from authorizing such a gift.
24 Del. C. 1953, §  1785;  57 Del. Laws, c. 445, §  2;  65 Del. Laws, c. 487, §  3;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 182, §  1;