reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2212A. Prohibition against retaliation.

§ 2212A. Prohibition against retaliation.
It is unlawful to knowingly retaliate against a person who makes a complaint under this chapter. Violation of this section is a civil violation subject to a minimum fine of $1,000 and a maximum fine of $5,000.
84 Del. Laws, c. 131, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2213A. Misrepresentation of certification.

§ 2213A. Misrepresentation of certification.
(a) Unless certified under this chapter, it is unlawful for an operator to advertise, imply, or represent that a recovery house is certified. Violation of this subsection is a civil violation punishable by a fine of no more than $ 20,000. No fine will be assessed if an operator is actively remedying a violation. For the purposes of this subsection, each day a violation occurs is a separate violation.
(b) Whenever a court determines the amount of a fine assessed under subsection (a) of this section, the court shall consider the operator's history of violations.
84 Del. Laws, c. 131, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2214A. Access to funding.

§ 2214A. Access to funding.
(a) Except for certified recovery houses, Oxford Houses, or recovery houses authorized by the Division, it is unlawful for a recovery house to accept state or local funding. Violation of this subsection is a civil violation punishable by a fine of no more than twice the amount of funding accepted in violation of this subsection.
(b) Whenever a court determines the amount of a fine assessed under subsection (a) of this section, the court shall consider the operator's history of violations.
84 Del. Laws, c. 131, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2215A. Disposition of money collected from fines and penalties.

§ 2215A. Disposition of money collected from fines and penalties.
Whenever a court assesses a fine or penalty on a defendant for a violation of this chapter, after collecting the fine, the fine must be transmitted to the prothonotary or clerk of court and credited to the Fund.
84 Del. Laws, c. 131, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2216A. Certified Recovery House Fund.

§ 2216A. Certified Recovery House Fund.
(a) A special fund, known as the “Certified Recovery House Fund,” is created to support the implementation of this chapter.
(b) The following receipts shall be credited to the Fund:
(1) Money received under § 2215A of this title.
(2) Grants, gifts, and other money intended for the Fund.
(3) Money appropriated or transferred to the Fund by the General Assembly.
(c) The State Treasurer shall invest the Fund consistent with the investment policies established by the Cash Management Policy Board and credit interest to the Fund monthly consistent with the rate established by the Cash Management Policy Board.
(d) Money in the Fund at the end of a Delaware state fiscal year carries forward and shall not revert to the General Fund unless so required by a subsequent Act of the General Assembly.
84 Del. Laws, c. 131, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2217A. Disbursements from the Fund.

§ 2217A. Disbursements from the Fund.
(a) No disbursements from the Fund shall be made unless authorized by the Director.
(b) Disbursements from the Fund are permitted only for the following authorized uses:
(1) To provide training and technical assistance for recovery residence operators and staff.
(2) To offset reasonable administrative expenses associated with implementing and effectuating the intent of this chapter.
(3) Any other use approved by the Division.
(c) The requirements under Chapter 69 of Title 29 are waived for disbursements made from the Fund.
84 Del. Laws, c. 131, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 23. CAUSTIC ALKALI, ACIDS OR CORROSIVE SUBSTANCES › § 2302. Selling in misbranded parcel.

§ 2302. Selling in misbranded parcel.
No person shall sell, barter or exchange, or receive, hold, pack, display, or offer for sale, barter or exchange, in this State, any dangerous caustic or corrosive substance in a misbranded parcel, package or container, the parcel, package or container being designed for household use. Household products for cleaning and washing purposes, subject to this chapter and labeled in accordance therewith, may be sold, offered for sale, held for sale and distributed in this State by any dealer, wholesale or retail.
35 Del. Laws, c. 54, §  2;  Code 1935, §  854;  16 Del. C. 1953, §  2302;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 23. CAUSTIC ALKALI, ACIDS OR CORROSIVE SUBSTANCES › § 2303. Approval and registration of brands and labels.

§ 2303. Approval and registration of brands and labels.
(a) The Department of Health and Social Services may approve and register such brands and labels intended for use under this chapter as may be submitted to it for that purpose and as may in its judgment conform to the requirements of this chapter.
(b) In any prosecution under this chapter the fact that any brand or label involved in the prosecution has not been submitted to the Department of Health and Social Services for approval, or, if submitted, has not been approved by it, shall be immaterial.
35 Del. Laws, c. 54, §  4;  Code 1935, §  856;  16 Del. C. 1953, §  2303;  70 Del. Laws, c. 149, §§  135, 136;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 23. CAUSTIC ALKALI, ACIDS OR CORROSIVE SUBSTANCES › § 2304. Penalties.

§ 2304. Penalties.
Whoever violates this chapter shall be fined not more than $200 or imprisoned not more than 90 days, or both.
35 Del. Laws, c. 54, §  3;  Code 1935, §  855;  16 Del. C. 1953, §  2304;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 24. HAZARDOUS CHEMICAL INFORMATION › § 2402. Declaration of purpose.

§ 2402. Declaration of purpose.
The General Assembly finds that the health and safety of persons living and working in Delaware may be improved by providing access to information regarding hazardous chemicals to which they may be exposed either during their normal employment activities or during emergency situations. The General Assembly also finds that many employers in the State have already established suitable information programs for their employees and that such programs will be required of all manufacturing employers by November, 1985, under the federal Occupational Safety and Health Administration's hazard communication standard. It is therefore, the intent and purpose of this chapter to provide accessibility to information regarding hazardous chemicals to employees who may be exposed to such chemicals in nonmanufacturing employer workplaces as well as to emergency service organizations whose members may be exposed to such chemical hazards during emergency situations.
64 Del. Laws, c. 344, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 24. HAZARDOUS CHEMICAL INFORMATION › § 2404. Relationship to OSHA standard.

§ 2404. Relationship to OSHA standard.
(a) Manufacturing employers and distributors that are regulated by and complying with the OSHA standard shall be exempt from this chapter except for §§ 2406(d), 2406(e), 2407(a), 2407(d), 2409 and 2415 of this title. Manufacturing employers and distributors shall be included under this chapter until the OSHA standard goes into effect.
(b) Nonmanufacturing employers that adopt and comply with the OSHA standard may be certified by the Secretary as in compliance with this chapter except for §§ 2406(d), 2406(e), 2407(a), 2407(d), 2409 and 2415 of this title.
64 Del. Laws, c. 344, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 24. HAZARDOUS CHEMICAL INFORMATION › § 2405. Notice to employees.

§ 2405. Notice to employees.
Employers shall post adequate notice, at locations where notices are normally posted, informing employees about their rights under this chapter. In the absence of a notice prepared by the Secretary pursuant to § 2413 of this title, an employer notice shall be posted.
64 Del. Laws, c. 344, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 24. HAZARDOUS CHEMICAL INFORMATION › § 2406. Workplace chemical list.

§ 2406. Workplace chemical list.
(a) Employers shall compile and maintain a workplace chemical list which shall contain the following information for each hazardous chemical normally used or stored in the workplace in excess of 55 gallons or 500 lbs.:
(1) The chemical name or the common name used on the MSDS and/or container label; and
(2) The work area in which the hazardous chemical is normally stored or used.
(b) The workplace chemical list shall be updated as necessary but not less than annually.
(c) The workplace chemical list may be prepared for the workplace as a whole or for each work area, provided that the list is readily available to employees and their representatives. New or newly assigned employees shall be made aware of the workplace chemical list before working with or in a work area containing hazardous chemicals.
(d) The workplace chemical list shall be provided to the Secretary upon request.
(e) The workplace chemical list shall be maintained by the employer for 30 years. Complete records shall be sent to the Secretary if the business ceases to operate within the State.
64 Del. Laws, c. 344, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 24. HAZARDOUS CHEMICAL INFORMATION › § 2407. Material safety data sheets.

§ 2407. Material safety data sheets.
(a) Chemical manufacturers and distributors shall provide manufacturing and nonmanufacturing purchasers of hazardous chemicals in Delaware appropriate MSDSs for the hazardous chemicals purchased.
(b) Employers shall maintain the most current MSDS received from manufacturers or distributors for each hazardous chemical purchased. If an MSDS has not been provided by the manufacturer or distributor for chemicals on the workplace chemical list at the time the chemicals are received at the workplace, the employer shall request one in writing from the manufacturer or distributor in a timely manner.
(c) Material safety data sheets shall be readily available, upon request, for review by employees or designated representatives.
(d) A copy of an MSDS shall be provided to the Secretary, upon request.
64 Del. Laws, c. 344, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 24. HAZARDOUS CHEMICAL INFORMATION › § 2408. Hazardous chemical labels.

§ 2408. Hazardous chemical labels.
(a) Existing labels on incoming containers of hazardous chemicals shall not be removed or defaced.
(b) Employees shall not be required to work with a hazardous chemical from an unlabeled container except for a portable container intended for the immediate use of the employee who performs the transfer.
64 Del. Laws, c. 344, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 24. HAZARDOUS CHEMICAL INFORMATION › § 2409. Emergency information.

§ 2409. Emergency information.
(a) Employers or manufacturing employers who normally store a hazardous chemical in excess of 55 gallons or 500 lbs. shall provide the fire chief of the fire department having jurisdiction over the workplace, in writing, the name(s) and telephone number(s) of knowledgeable representative(s) of the employer or manufacturing employer who can be contacted for further information or in case of an emergency.
(b) Each employer or manufacturing employer shall provide a copy of the workplace chemical list to the fire chief, upon request. The employer shall notify the fire chief of any significant changes that occur in the workplace chemical list.
(c) The fire chief or the fire chief's representative, upon request, shall be permitted on site inspections of the chemicals on the workplace chemical list for the sole purpose of preplanning fire department activities in the case of an emergency.
(d) Employers or manufacturing employers shall provide the fire chief, upon request, a copy of the MSDS for any chemical on the workplace chemical list.
(e) The fire chief shall, upon request, make the workplace chemical list and MSDSs available to members of the fire company having jurisdiction over the workplace and to personnel responsible for preplanning emergency police or fire activities but shall not otherwise distribute the information without approval of the employer.
64 Del. Laws, c. 344, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 24. HAZARDOUS CHEMICAL INFORMATION › § 2410. Employee education programs.

§ 2410. Employee education programs.
(a) Every employer shall provide, at least annually, an education and training program for employees using or handling hazardous chemicals. Additional instruction shall be provided whenever the potential for exposure to hazardous chemicals is altered or whenever new and significant information is received by the employer concerning the hazards of a chemical. New or newly assigned employees shall be provided training before working with or in a work area containing hazardous chemicals.
(b) The program shall include, as appropriate, information on interpreting labels and material safety data sheets and the relationship between these 2 methods of hazards communication, the location, acute and chronic effects, safe handling, protective equipment to be used and first aid treatment with respect to the hazardous chemicals used by the employees, and general safety instructions on the handling, cleanup procedures and disposal of hazardous chemicals. Employers shall keep a record of the dates of training sessions given to employees.
(c) The Secretary, pursuant to § 2412 of this title, shall develop and maintain an education and training assistance program to aid those employers who, because of size or other practical considerations, are unable to develop such programs by themselves. Such a program shall be made available to such an employer upon request.
64 Del. Laws, c. 344, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 24. HAZARDOUS CHEMICAL INFORMATION › § 2411. Construction of chapter.

§ 2411. Construction of chapter.
The provision of information to an employee shall not in any way affect the liability of an employer with regard to the health and safety of an employee or other persons exposed to hazardous chemicals, nor shall it affect the employer's responsibility to take any action to prevent the occurrence of occupational disease as required under any other provision of law. The provision of information to an employee shall not affect any other duty or responsibility of a manufacturer, producer or formulator to warn ultimate users of a hazardous chemical under any other provision of law.
64 Del. Laws, c. 344, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 24. HAZARDOUS CHEMICAL INFORMATION › § 2413. Complaints; investigations; penalties.

§ 2413. Complaints; investigations; penalties.
(a) Complaints received in writing from employees or their designated representative, relating to alleged violations of this chapter by nonmanufacturing employers, shall be investigated in a timely manner by the Secretary or the Secretary's designated representative. Complaints from employees or their designated representatives relating to alleged violations by manufacturing employers shall be referred to the federal Occupational Safety and Health Administration by the Secretary.
(b) Officers or duly designated representatives of the Secretary, upon presentation of appropriate credentials and written notice or warrant to the employer, shall have the right of entry into any workplace at reasonable times to inspect and investigate complaints within reasonable limits and in a reasonable manner.
(c) Employers found to be in violation of this chapter shall be given 14 days to comply. Employers not complying within 14 days following written notification of a violation shall be subject to civil penalties of not more than $500 per violation.
64 Del. Laws, c. 344, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 24. HAZARDOUS CHEMICAL INFORMATION › § 2414. Outreach program.

§ 2414. Outreach program.
(a) The Secretary shall develop and provide each employer with a suitable form of notice providing employees with information regarding their rights under this chapter.
(b) As part of the outreach program, the Secretary shall develop an education and training program to assist employers pursuant to § 2410 of this title.
(c) As part of the outreach program, the Secretary may develop and distribute a supply of informational leaflets on employer duties, employee rights, the outreach program and/or the effects of hazardous chemicals.
(d) The Secretary may contract with the University of Delaware or other public or private organizations to develop and implement such an outreach program.
(e) The Secretary shall establish and publicize the availability of an information office to answer inquiries from employees, employers or the public in Delaware concerning the effects of hazardous chemicals.
64 Del. Laws, c. 344, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 24. HAZARDOUS CHEMICAL INFORMATION › § 2415. Employee rights.

§ 2415. Employee rights.
(a) Employees that may be exposed to hazardous chemicals shall be informed of such exposure and shall have access to the workplace chemical list and material safety data sheets for the hazardous chemicals. In addition, employees shall receive training on the hazards of the chemicals and on measures they can take to protect themselves from those hazards and shall be provided appropriate personal protective equipment. These rights are guaranteed on the effective date of these subsections providing the information or action.
(b) No employer shall discharge, or cause to be discharged, or otherwise discipline or in any manner discriminate against an employee because the employee has filed a complaint, assisted an inspector of the Department who may make or is making an inspection under § 2413 of this title, or has instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise of any rights afforded pursuant to this chapter on behalf of the employee or on behalf of others, nor shall pay, position, seniority or other benefits be lost for exercise of any right provided by this chapter.
(c) Any waiver by an employee of the benefits or requirements of this chapter shall be against public policy and be null and void. Any employer's request or requirement that an employee waive any rights under this chapter as a condition of employment shall constitute a violation.
64 Del. Laws, c. 344, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 24. HAZARDOUS CHEMICAL INFORMATION › § 2416. Protection of trade secrets.

§ 2416. Protection of trade secrets.
(a) An employer who believes that all or any part of the information required under §§ 2406, 2409(b) or 2409(d) of this title is a trade secret may withhold the information provided that:
(1) Material safety data sheets are available to employees in the area where they work;
(2) Hazard information on the trade secret chemicals is provided to the fire chief;
(3) All relevant information is provided to a physician diagnosing and treating an employee exposed to the chemical, pursuant to requirements stated in the OSHA standard set forth in 29 C.F.R. Part 1910.1200(i)(2); and
(4) The employer can substantiate the trade secret claim.
(b) The Secretary, upon the Secretary's own initiative, or upon request of an employee, an employee's representative or a fire chief, may request any or all of the data substantiating the trade secret claim to determine whether the claim made pursuant to subsection (a) of this section is valid. The Secretary shall protect from disclosure any or all information coming into the Secretary's possession when such information is marked by the employer as confidential and shall return all information so marked to the employer at the conclusion of the Secretary's determination.
(c) The employer shall have 30 days after notification by the Secretary that a trade secret claim is not valid to request an administrative hearing on the determination. Any such hearing shall be held in a manner similar to that provided for in the Administrative Procedures Act [Chapter 101 of Title 29] for hearings in contested cases.
64 Del. Laws, c. 344, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 24. HAZARDOUS CHEMICAL INFORMATION › § 2417. Exemptions.

§ 2417. Exemptions.
Notwithstanding any language to the contrary, this chapter shall not apply to chemicals in the following:
(1) Any article which is formed to a specific shape or design during manufacture, which has end use function(s) dependent in whole or in part upon its shape or design during end use, and which does not release or otherwise result in exposure to a hazardous chemical under normal conditions of use;
(2) Products intended for personal consumption by employees in the workplace;
(3) Retail food sale establishments and all other retail trade establishments, exclusive of processing and repair areas;
(4) A workplace where a hazardous chemical is received in a sealed package and is subsequently sold or transferred in that package if the seal remains intact while the chemical is in the workplace and if the chemical does not remain in the workplace more than 5 working days, except for the provisions of § 2409(a) and § 2410 of this title.
(5) Any food, food additive, color additive, drug or cosmetic as such terms are defined in the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 301 et seq.) or distilled spirits, wines or malt beverages as such terms are defined in the Federal Alcohol Administration Act (27 U.S.C. § 201 et seq.).
(6) A laboratory under the direct supervision or guideline of a technically qualified individual provided that:
a. Labels on containers of incoming chemicals shall not be removed or defaced;
b. MSDSs received shall be maintained and made accessible to employees and students;
c. Sections 2409 and 2410 of this title are met; and
d. The laboratory is not used primarily to produce hazardous chemicals in bulk for commercial purposes.
(7) The workplace of an agriculture employer or employer group if the Secretary of the Department of Agriculture certifies to the Secretary that the chemicals are covered by other federal or state laws and regulations.
64 Del. Laws, c. 344, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25. HEALTH-CARE DECISIONS › § 2502. Right of self-determination.

§ 2502. Right of self-determination.
An individual, legally adult, who is mentally competent, has the right to refuse medical or surgical treatment if such refusal is not contrary to existing public health laws.
70 Del. Laws, c. 392, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25. HEALTH-CARE DECISIONS › § 2504. Revocation of advance health-care directive.

§ 2504. Revocation of advance health-care directive.
(a) An individual who is mentally competent may revoke all or part of an advance health-care directive:
(1) By a signed writing; or
(2) In any manner that communicates an intent to revoke done in the presence of 2 competent persons, 1 of whom is a health-care provider.
(b) Any revocation that is not in writing shall be memorialized in writing and signed and dated by both witnesses. This record shall be made a part of the medical record.
(c) Any person, including, but not limited to, a health-care provider, agent or guardian, who is informed of a revocation shall immediately communicate the fact of the revocation to the supervising health-care provider and to any health-care institution at which the patient is receiving care.
(d) A decree of annulment, divorce, dissolution of marriage or a filing of a petition for divorce revokes a previous designation of a spouse as an agent unless otherwise specified in the decree or in a power of attorney for health care.
(e) An advance health-care directive that conflicts with an earlier advance health-care directive revokes the earlier directive to the extent of the conflict.
(f) The initiation of emergency treatment shall be presumed to represent a suspension of an advance health-care directive while receiving such emergency treatment.
70 Del. Laws, c. 392, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25. HEALTH-CARE DECISIONS › § 2506. Decisions by guardian.

§ 2506. Decisions by guardian.
A guardian shall comply with the instructions of the adult person with a disability and may not revoke the person's advance health-care directive unless the appointing court expressly so authorizes. Nothing in this chapter shall limit the jurisdiction of the Court of Chancery over the person and property of a person with a disability.
70 Del. Laws, c. 392, §  3;  79 Del. Laws, c. 371, §  13;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25. HEALTH-CARE DECISIONS › § 2509. Health-care information.

§ 2509. Health-care information.
(a) Unless otherwise specified in an advance health-care directive, a person then authorized to make health-care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health-care information.
(b) Unless otherwise specified in an advance health-care directive or court order, an agent appointed by a valid advance health-care directive under this chapter, a surrogate determined and confirmed under § 2507 of this title or a guardian of the person of a minor or adult appointed pursuant to a court order shall be authorized as a “personal representative” with full authority and standing thereof as provided in the Health Insurance Portability and Accountability Act of 1996 [P.L. 104-191], its regulations and the standards issued by the Secretary of the United States Department of Health and Social Services.
70 Del. Laws, c. 392, §  3;  76 Del. Laws, c. 307, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25. HEALTH-CARE DECISIONS › § 2510. Immunities.

§ 2510. Immunities.
(a) A health-care provider or institution acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care provider or institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for:
(1) Complying with a health-care decision of a person apparently having authority to make a health-care decision for a patient, including a decision to withhold or withdraw health care;
(2) Declining to comply with a health-care decision of a person based on a belief that the person then lacked authority;
(3) Complying with an advance health-care directive and assuming that the directive was valid when made and has not been revoked or terminated;
(4) Providing life-sustaining treatment in an emergency situation when the existence of a health-care directive is unknown; or
(5) Declining to comply with a health-care decision or advance health-care directive because the instruction is contrary to the conscience or good faith medical judgment of the health-care provider or the written policies of the institution.
(b) An individual acting as agent or surrogate under this chapter is not subject to civil or criminal liability or to discipline for unprofessional conduct for health-care decisions made in good faith.
70 Del. Laws, c. 392, §  3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25. HEALTH-CARE DECISIONS › § 2511. Safeguards.

§ 2511. Safeguards.
(a) Anyone who 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 declarant;
(2) Is being proposed pursuant to an advance health-care directive that has been falsified, forged or coerced; or
(3) Is being considered without the benefit of a revocation which has been unlawfully concealed, destroyed, altered or cancelled;
may petition the Court of Chancery for appointment of a guardian for such declarant.
(b) The Department of Health and Social Services and the Public Guardian shall have oversight over any advance health-care directive executed by a resident of a long-term care facility, as defined in § 1102 of this title. Such advance health-care directive shall have no force nor effect if the declarant is a resident of a long-term care facility, as defined in § 1102 of this title, at the time the advance health-care directive is executed unless 1 of the witnesses is a person designated as a patient advocate or ombudsperson by the Department of Health and Social Services. The patient advocate or ombudsperson must have the qualifications required of other witnesses under this chapter except as provided in § 2508 of this title.
63 Del. Laws, c. 386, §  1;  64 Del. Laws, c. 204, §  8;  69 Del. Laws, c. 345, §  5;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 392, §§  3, 4;  79 Del. Laws, c. 204, §  2;  81 Del. Laws, c. 207, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25. HEALTH-CARE DECISIONS › § 2512. Assumptions and presumptions.

§ 2512. Assumptions and presumptions.
(a) Neither the execution of an advance health-care directive under this chapter nor the fact that health care is withheld from a patient in accordance therewith shall, for any purpose, constitute a suicide.
(b) The making of an advance health-care directive pursuant to this chapter shall not restrict, inhibit nor impair in any manner the sale, procurement or issuance of any policy of life insurance, nor shall it be deemed or presumed to modify the terms of an existing policy of life insurance. No policy of life 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 physician, health facility or other health-care provider, nor any health-care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan or nonprofit hospital service plan, shall require any person to execute an advance health-care directive as a condition to being insured, or for receiving health-care services, nor shall the signing of an advance health-care directive be a bar, except as provided in § 2508 of this title.
(d) [Repealed.]
63 Del. Laws, c. 386, §  1;  64 Del. Laws, c. 204, §  7;  70 Del. Laws, c. 392, §§  3, 5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25. HEALTH-CARE DECISIONS › § 2513. Penalties.

§ 2513. Penalties.
(a) Whoever threatens directly or indirectly, coerces or intimidates any person to execute a declaration directing the withholding or withdrawal of maintenance medical treatment shall be guilty of a misdemeanor and upon conviction shall be fined not less than $500 nor more than $1,000, be imprisoned not less than 30 days nor more than 90 days, or both.
(b) Whoever knowingly conceals, destroys, falsifies or forges a document with intent to create the false impression that another person has directed that maintenance medical treatment be utilized for the prolongation of that person's life is guilty of a class C felony.
(c) The Superior Court shall have jurisdiction over all offenses under this chapter.
63 Del. Laws, c. 386, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 392, §§  3, 6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25. HEALTH-CARE DECISIONS › § 2514. Capacity.

§ 2514. Capacity.
(a) This chapter does not affect the right of an individual to make health-care decisions while having capacity to do so.
(b) An individual is presumed to have capacity to make a health-care decision and to give or revoke an advance health-care directive.
70 Del. Laws, c. 392, §  7;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25. HEALTH-CARE DECISIONS › § 2515. Accommodation.

§ 2515. Accommodation.
Notwithstanding this chapter, an individual who elects to have treatment by spiritual means in lieu of medical or surgical treatment shall not be compelled to submit to medical or surgical treatment.
70 Del. Laws, c. 392, §  7;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25. HEALTH-CARE DECISIONS › § 2517. Recognition of advance directives executed in other states.

§ 2517. Recognition of advance directives executed in other states.
An advance directive or similar health-care declaration validly executed under the laws of another state in compliance with the laws of that state or of this State is valid for purposes of and subject to the limitations of this chapter.
70 Del. Laws, c. 392, §  7;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25. HEALTH-CARE DECISIONS › § 2518. Effect on prior declarations and directives.

§ 2518. Effect on prior declarations and directives.
Nothing in this chapter shall be construed to modify or affect the terms of any declaration, appointment of agent or durable power of attorney validly executed prior to June 26, 1996, which grants the authority for medical treatment or directs the withholding or withdrawal of medical treatment, except that a prior declaration shall not be interpreted to allow the withdrawal or withholding of artificial nutrition or hydration unless that desire is specifically stated in that directive. If withdrawal or withholding of artificial nutrition or hydration is not specifically addressed in a prior declaration, a health-care provider shall comply with a decision regarding withdrawal or withholding of artificial nutrition or hydration for the patient made by a person then authorized to make health-care decisions for the patient to the extent the agent or surrogate is permitted by this chapter. Nothing in this chapter shall be construed to limit the use of any previous living will forms conforming to law or any other form which meets the requirements of this chapter.
70 Del. Laws, c. 392, §  7;  71 Del. Laws, c. 419, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25. HEALTH-CARE DECISIONS › § 2519. Health-care institutions and guardianships for nonacute patients.

§ 2519. Health-care institutions and guardianships for nonacute patients.
(a) A health-care institution must, as early as 3 but no later than 5 business days of determining that a patient no longer requires acute care in the health-care institution, provide a written notice to the patient, the patient's surrogate, and, if the patient does not have a surrogate, to any member of the patient's family who is reasonably available, in the descending order of priority set forth in § 2507 of this title, that the health-care institution has concluded that the nonacute patient would benefit from the appointment of a guardian, who shall be fully authorized with powers necessary to transfer the patient from acute care to less restrictive nonacute care, and that a petition for the appointment of a guardian should be filed within 10 business days of the date of the notice.
(b) If the process of appointing a guardian for the nonacute patient has not been initiated within the period set forth in the notice required under subsection (a) of this section, the institution shall provide a second written notice to the patient, the patient's surrogate, and if the patient does not have a surrogate, to any member of the patient's family who is reasonably available, in the descending order of priority set forth in § 2507 of this title, that the petition for the appointment of a guardian must be filed within 10 business days of the date of the second notice, or the institution will initiate the process of appointing a guardian.
(c) If the process of appointing a guardian for the nonacute patient has not been initiated within the time set forth in the second notice required under subsection (b) of this section, or if a guardian who is fully authorized with powers necessary to transfer the patient from acute care to less restrictive nonacute care has not been appointed within 30 days from the date of the filing of a petition for appointment of a guardian, the health-care institution may initiate the process of appointing a guardian.
82 Del. Laws, c. 270, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25A. DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT › § 2501A. Short title.

§ 2501A. Short title.
This chapter shall be known and may be cited as the “Delaware Medical Orders for Scope of Treatment Act” (“DMOST Act”).
80 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25A. DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT › § 2502A. Statement of purpose.

§ 2502A. Statement of purpose.
(a) An adult individual who has decision-making capacity has the right to refuse medical or surgical treatment in order to allow natural death if such refusal is not contrary to existing public health laws.
(b) An adult individual with decision-making capacity has the right to plan ahead for health-care decisions through an advance health-care directive pursuant to Chapter 25 of this title, or through a DMOST form pursuant to this chapter or both, and to have the wishes expressed in those documents respected, subject to certain limitations, in order to ensure that the right to control decisions about one's own health care is not lost if a patient loses decision-making capacity and is not able to participate actively in making his or her own decisions, either temporarily or permanently.
(c) An advance health-care directive is recommended for every adult whether or not the individual anticipates a period of incapacity.
(d) The DMOST form is separate from and is not an advance health-care directive. It expresses an individual's wishes regarding scope of treatment through medical orders. The DMOST form does not require an advance health-care directive.
(e) Data reveal that many individuals may reside or be situated in multiple locations such as home, acute care, and post-acute care settings near the end of life. Changes in such settings require that an easily understood, standardized, portable document be available to communicate the individual's care preferences. A DMOST form provides such a document.
80 Del. Laws, c. 18, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25A. DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT › § 2504A. Duty of patient's authorized representative.

§ 2504A. Duty of patient's authorized representative.
(a) At such time as a patient lacks decision-making capacity, the patient's authorized representative shall make a health-care decision to treat, withdraw, or withhold treatment in accordance with the patient's individual instructions as expressed in an advance health-care directive or DMOST form, if any, and other wishes to the extent known, or, if a guardian appointed pursuant to Chapters 39 and 39A of Title 12, in accordance with the authority granted by the appointing court. The patient's authorized representative shall have the power to make any health-care decision authorized under this chapter unless limited by the order of a court of competent jurisdiction or limited in the document provided by the authorized representative as evidence of his or her authority.
(b) If the patient's instructions or wishes are not known or clearly applicable, the authorized representative's decision shall conform as closely as possible to what the patient would have done or intended under the circumstances. To the extent the authorized representative knows or is able to determine, the authorized representative's decision shall take into account the following nonexclusive list of factors, if applicable:
(1) The patient's personal, philosophical, religious, and ethical values.
(2) The patient's likelihood of regaining decision-making capacity.
(3) The patient's likelihood of death.
(4) The treatment's burdens on and benefits to the patient.
(5) Reliable oral or written statements previously made by the patient, including, but not limited to, statements made to family members, friends, health-care providers, or religious leaders.
(c) The decision of an authorized representative regarding whether life-sustaining procedures should be provided, withheld, or withdrawn shall not be 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;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25A. DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT › § 2505A. Powers and duties of Department of Health and Social Services.

§ 2505A. Powers and duties of Department of Health and Social Services.
(a) The Secretary of the Department of Health and Social Services shall be authorized to promulgate regulations and develop protocols to fulfill the following responsibilities:
(1) Promulgation of a DMOST form and development of the process for completion, modification, and revocation of the DMOST form including training requirements.
(2) Promotion of awareness among health-care practitioners, health-care providers, emergency-care providers, and the general public in this State about the option to complete a DMOST form.
(3) Training of emergency-care providers about the use and application of a DMOST form.
(4) Development of additional requirements for the completion of a DMOST form that may be applicable in the case of a patient with mental illness or a developmental disability in consultation with organizations that represent individuals with mental illness and development disabilities, respectively.
(5) Ongoing evaluation of the design and use of DMOST forms through the use of such data as the Department determines reasonably necessary for that purpose.
(b) The Secretary of the Department of Health and Social Services shall be authorized to seek the imposition of civil monetary penalties 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 › § 2506A. Powers and duties of the Department of State.

§ 2506A. Powers and duties of the Department of State.
The Secretary of State is authorized to promulgate regulations and develop protocols for the education of all health-care providers under its licensing or certification jurisdiction.
80 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25A. DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT › § 2507A. Delaware Health Information Network.

§ 2507A. Delaware Health Information Network.
The Delaware Health Information Network (DHIN) is authorized to create an electronic registry to maintain and store executed DMOST forms and make them available to emergency-care providers, health-care providers and health-care institutions.
80 Del. Laws, c. 18, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 25A. DELAWARE MEDICAL ORDERS FOR SCOPE OF TREATMENT ACT › § 2508A. Obligation to treat.

§ 2508A. Obligation to treat.
A health-care practitioner, health-care provider, health-care institution, or emergency-care provider shall treat a patient who has a completed DMOST form in accordance with the directions and options indicated in such DMOST form, except as otherwise provided in 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 › § 2509A. Mandatory elements of DMOST forms.

§ 2509A. Mandatory elements of DMOST forms.
A DMOST form shall be deemed to be completed and therefore valid for the purposes of this chapter if it:
(1) Contains information indicating a patient's health-care preferences;
(2) Has been voluntarily signed by a patient or by another individual subscribing the patient's name in the patient's presence and at the patient's express direction, or, if the patient does not have decision-making capacity, by the patient's authorized representative;
(3) Contains a statement that the DMOST form is being signed after discussion with the patient, or the patient's authorized representative;
(4) Includes the signature of the patient's health-care practitioner and the date of the health-care practitioner's signature;
(5) If the DMOST form is not signed by the heath-care practitioner in the presence of the patient, the DMOST form will be signed by the individual in whose presence the patient or the patient's authorized representative signed the DMOST form;
(6) The DMOST form shall include a statement that the patient or, if the patient does not have decision-making capacity, the patient's authorized representative, has been provided with a plain language statement explaining the DMOST form and the consequences of executing the DMOST form, including whether or not the DMOST form may be changed if the patient lacks decision-making capacity; and
(7) Meets any other requirements established by regulations to implement or administer 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 › § 2510A. Recognition of medical orders from other states.

§ 2510A. Recognition of medical orders from other states.
A document executed in another state, which meets the requirements of this chapter for a DMOST form or the requirements of the state where such document was executed or the state where the patient was a resident at the time the document was executed, shall be deemed to be valid for the purposes of this chapter to the same extent as a DMOST form valid 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 › § 2511A. Modification or revocation of DMOST forms.

§ 2511A. Modification or revocation of DMOST forms.
(a) A patient with decision-making capacity, may, at any time, void his or her completed DMOST form or otherwise request alternative treatment to the treatment that was ordered on the DMOST form.
(b) If the orders in a patient's completed DMOST form regarding the use of any intervention specified therein conflict with the patient's more recent oral or written directive to the patient's health-care practitioner, the health-care practitioner shall honor the more recent directive from the patient in accordance with the provisions of subsection (d) of this section.
(c) The patient's authorized representative may, at any time after the patient loses decision-making capacity and after consultation with the patient's health-care practitioner, request the health-care practitioner to modify or void the completed DMOST form, or otherwise request alternative treatment to the treatment that was ordered on the DMOST form, as the patient's authorized representative deems necessary to reflect the patient's health status or goals of care, unless the patient expressly limits the authorized representative's authority to modify or void the completed DMOST form. The DMOST form shall provide the patient with the option to authorize or not to authorize the patient's authorized representative to void or modify the patient's completed DMOST form if the patient who has a completed DMOST form loses decision-making capacity. If the patient indicates on the DMOST form that the authorized representative is not authorized to void or modify the patient's completed DMOST form, the patient's authorized representative may not do so.
(d) A DMOST form may only be modified in consultation with the patient's health-care practitioner in accordance with the provisions of the applicable regulations.
80 Del. Laws, c. 18, §  1;  70 Del. Laws, c. 186, §  1;