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DelawareHB 158153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO EMERGENCY PLANNING.

Sponsored By: Frank Burns (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Delaware updates public health emergency planning

The Public Health Emergency Planning Council replaces the former Commission. The Department of Health and Social Services secretary, or a designee, chairs it. The Governor appoints representatives from medicine, local health departments and governments, police, fire services, emergency medical services, community health centers, and volunteer groups. A majority of voting members is needed for a quorum; vacant seats do not count. Vacancies are filled for the rest of the term. The Council must meet at least annually. During a public health emergency, it must meet within 30 days to discuss and evaluate the response. It must then meet at least every 30 days until the emergency ends. The Council oversees and reviews the Public Health Emergency Operations Coordination Plan every 2 years. This statewide and regional plan addresses federal bioterrorism requirements. Staff responsible for carrying it out must receive timely training, and the plan must be tested regularly. A hospital preparedness subcommittee must include the Delaware Emergency Management Agency, the state health department, medical representatives, and local emergency medical services.

Delaware shifts emergency health powers with safeguards

During a state emergency, Delaware’s public health authority—not its public safety authority—controls the listed vaccination, treatment, isolation, and quarantine powers. These powers last for the emergency’s duration; the law itself does not order anyone vaccinated, treated, or quarantined. Contagious disease includes infections spread between people or from animals or insects to people. Qualified people authorized by the health authority can give vaccines. Vaccines and treatments cannot be used when reasonably likely to cause serious harm. To prevent disease spread, the authority can isolate or quarantine people unwilling or unable to receive vaccination or treatment. Those orders must follow the law’s isolation and quarantine procedures. After 10 days from the triggering hearing, an isolated or quarantined person can request a hearing to challenge continued confinement. That hearing must occur within 72 hours of the request’s receipt, excluding weekends and holidays. The authority must prove, by clear and convincing evidence, that continued confinement is warranted by a significant risk of transmission. People can also seek relief in Superior Court over treatment or the terms of isolation or quarantine. The court must schedule a hearing within 10 days of the request; the existing order remains unchanged during the hearing.

Sponsors & Cosponsors

Sponsor

  • Frank Burns

    Democratic • House

Cosponsors

  • Nnamdi O. Chukwuocha

    Democratic • House

  • Stephanie L. Hansen

    Democratic • Senate

  • Larry Lambert

    Democratic • House

  • Eric Morrison

    Democratic • House

  • Ray Seigfried

    Democratic • Senate

  • John "Jack" Walsh

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 61 • No: 0

Senate vote • 6/26/2025

Passed (2/3 required)

Yes: 21 • No: 0

House vote • 6/10/2025

Passed (SM required)

Yes: 40 • No: 0

Actions Timeline

  1. Signed by Governor

    8/25/2025Governor

  2. Passed By Senate. Votes: 21 YES

    6/26/2025Senate

  3. Reported Out of Committee (Health & Social Services) in Senate with 2 Favorable, 3 On Its Merits

    6/18/2025Senate

  4. Assigned to Health & Social Services Committee in Senate

    6/10/2025Senate

  5. Passed By House. Votes: 40 YES 1 ABSENT

    6/10/2025House

  6. Amendment HA 1 to HB 158 - Passed In House by Voice Vote

    6/10/2025House

  7. Amendment HA 1 to HB 158 - Introduced and Placed With Bill

    6/10/2025House

  8. Reported Out of Committee (Health & Human Development) in House with 5 Favorable, 9 On Its Merits

    5/21/2025House

  9. Introduced and Assigned to Health & Human Development Committee in House

    5/8/2025House

Bill Text

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