Delaware Administrative Code

Division of Social Services 30000 Delaware Prescription Assistance Program Revised July 2018 The 149 th General Assembly amended Title 16, Delaware Code, by reinstating Chapter 30B to restore the Delaware Prescription Drug Payment Assistance Program. The purpose of this act is to…

Department of Safety and Homeland security State Bureau of Identification 300 Firearms 301 Firearms Transaction Approval Program Regulations 1.0 Authority and Purpose 1.1 Pursuant to 11 Del.C. §8572(f) , the State Bureau of Identification promulgates this regulation which shall h…

3101 Adult Abuse Registry 1.0 Definitions "Abuse" shall have the same meaning as contained in 16 Del.C. §1131 , and shall include mistreatment, neglect and financial exploitation as defined therein. "Child Care Facility" means any child care facility which is required to be licen…

Division of Health Care Quality 3102 Long Term Care Transfer, Discharge and Readmission Procedures 1.0 Purpose This regulation applies to decisions by licensed facilities to transfer or discharge a resident. It prescribes the process for providing an impartial hearing to a reside…

3105 Criminal History and Drug Testing for Nursing and Similar Facilities 1.0 Legal Basis The legal basis for these regulations is 16 Del.C. §§1141 and 1142 and 29 Del.C. §7972 . 2.0 Purpose The overall purpose of these regulations is to ensure the safety and well-being of reside…

3110 Background Checks and Drug Testing for Programs and Home Care Agencies 1.0 Legal Basis The legal basis for these regulations is 16 Del.C. §§1145 and 1146 and 29 Del.C. §7972 . 16 DE Reg. 978 (03/01/13) 2.0 Purpose The overall purpose of these regulations is to ensure the saf…

Division of Health Care Quality 3201 Skilled and Intermediate Care Nursing Facilities 1.0 Scope 1.1 A Nursing facility (NF) is a residential institution, as defined in 16 Delaware Code , §1102(4) , which provides services to residents which include resident beds, continuous nursi…

Division of Health Care Quality 3210 Nursing Homes Admitting Pediatric Residents 1.0 Purpose 1.1 As set forth in 16 Del.C. , Ch. 11 §1101 : 1.1.1 the primary purpose of the licensing and regulation of nursing facilities and similar facilities is to ensure that these facilities pr…

3215 Training of Paid Feeding Assistants 1.0 Introduction These regulations allow for the use of Paid Feeding Assistants, as single task workers, to provide feeding assistance in nursing facilities and assisted living facilities. To ensure consistency in the training of Feeding A…

Division of Health Care Quality 3220 Training and Qualifications for Certified Nursing Assistants 1.0 Definitions " Activities of Daily Living (ADLs) " means normal daily activities including but not limited to ambulating, transferring, range of motion, grooming, bathing, dressin…

Division of Health Care Quality 3225 Assisted Living Facilities 1.0 Purpose The Department of Health and Social Services is issuing these regulations to promote and ensure the health, safety, and well-being of all residents of assisted living facilities. These regulations are als…

Division of Health Care Quality 3230 Rest (Residential) Home Regulations 1.0 Scope 1.1 "Rest (Residential) Home" is a facility that provides resident beds and personal care services in a homelike environment for persons who are normally able to manage activities of daily living. …

Division of Health Care Quality 3301 Group Home Facilities for Persons with AIDS These regulations are promulgated in accordance with 16 Del.C. Ch. 11 . All facilities must comply with applicable local, state and federal laws and regulations. 1.0 Definition The following regulati…

Division of Health Care Quality 3305 Group Homes for Persons with Mental Illness PART I - STATE APPROVAL 1.0 Purpose The Department is issuing these regulations to promote the health, safety and well-being of all residents of group homes. These regulations are also meant to insur…

Division of Health Care Quality 3310 Neighborhood Homes for Individuals with Intellectual and/or Developmental Disabilities 1.0 Purpose To promote the health, safety and well-being of all individuals living in neighborhood homes and to ensure that the providers are held accountab…

Division of Health Care Quality 3315 Family Care Homes 1.0 Purpose These regulations are developed and promulgated to promote and ensure the health, safety and well-being of all residents of Family Care Homes. These regulations also ensure that Family Care Homes will be responsib…

Division of Health Care Quality 3320 Intensive Behavioral Support and Educational Residence 1.0 Definitions The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise: “ Authorized Representative ” means …

Division of Health Care Quality 3325 Financial Capability Reporting 1.0 Authority This regulation is promulgated and adopted pursuant to 29 Del.C. §7971(d) . 2.0 Purpose and Scope 2.1 The purpose of this regulation is to detail the Department of Health and Social Services’ (DHSS)…

Division of Health Care Quality 3330 Regulations Governing Dialysis Centers 1.0 Purpose Delaware Department of Health and Social Services adopts these regulations pursuant to the authority vested by 16 Del.C. §122(3)(aa) . These regulations establish standards with respect to the…

Division of Health Care Quality 3335 Office-Based Surgery 1.0 Purpose Delaware Department of Health and Social Services adopts these regulations pursuant to the authority vested by 16 Del.C. §122(3)(y and z) . These regulations establish standards with respect to the safe and san…

Division of Health Care Quality 3340 Free Standing Emergency Departments 1.0 Purpose Delaware Department of Health and Social Services adopts these regulations pursuant to the authority vested by 16 Del.C. §122(3)p. 2.0 Definitions The following words and terms, when used in this…

Division of Health Care Quality 3345 Personal Assistance Services Agencies 1.0 Definitions The following words and terms, when used in this regulation, should have the following meaning unless the context clearly indicates otherwise: “ Activities of Daily Living ” means the tasks…

Division of Health Care Quality 3350 Skilled Home Health Agencies (Licensure) 1.0 Definitions The following words and terms, when used in this regulation, should have the following meaning unless the context clearly indicates otherwise: “ Activities of daily living ” means the ta…

Division of Health Care Quality 3351 Home Health Agencies--Aide Only (Licensure) 1.0 Definitions The following words and terms, when used in this regulation, should have the following meaning unless the context clearly indicates otherwise: “ Activities of daily living ” means the…

Division of Health Care Quality 3355 Free Standing Surgical Centers 1.0 Purpose Delaware Department of Health and Social Services adopts these regulations pursuant to the authority vested by 16 Del.C. §122(3)(p) . These regulations establish standards with respect to the operatio…

Division of Health Care Quality 3360 Regulations for Adult Day Care Facilities 1.0 Purpose The regulations for Adult Day Care Facilities apply to any program that provides health, social, and related support services as described in these regulations for four or more functionally…

Division of Health Care Quality 3365 Free Standing Birthing Centers 1.0 Definitions 1.1 The following words and terms, when used in this regulation, should have the following meaning unless the context clearly indicates otherwise: “ Acute Postpartum Period ” means a minimum of tw…

Division of Health Care Quality 3370 Hospital Standards (Construction, Maintenance, and Operation) 1.0 General Licensing Requirements and Procedures 1.1 Definitions: The definitions as contained in 16 Del.C. 1001 of the Hospital Licensure Law shall apply to these rules and regula…

Division of Health Care Quality 3375 Prescribed Pediatric Extended Care Centers (PPECC) 1.0 Definitions “Advisory Board” means a group of health care professionals and at least one consumer approved by the PPECC Medical and Nursing Directors to review PPECC policies and procedure…

Division of Health Care Quality 3380 Delivery of Hospice Services 1.0 Definitions “A Coordinated Program” (including both services and personnel) implies the capacity to respond to patient/family needs whenever they arise. It also implies enough administrative and staff integrati…

DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Social Services Division of Social Services 4000 Financial Responsibility 4001 Family Budget Group Assume there is no income. Family budget group is the total number of persons whose needs and income are budgeted together. This…

Regulation_ 984 Department of Health and Social Services Division of Public Health Family Health Services 4101 Birth Defect Surveillance and Registry Program 1.0 Purpose 1.1 Birth defects are one of the causes of infant mortality and disabilities in Delaware. The Birth Defects Su…

Department of Health and Social Services Division of Public Health Family Health Services 4102 School-Based Health Centers 1.0 Statement of Purpose 1.1 This regulation is intended to implement the provisions of 18 Del.C. §§3365 and 3571G , school-based health centers. This regula…

Family Health Services 4103 Inherited Metabolic Disorders Delaware Code 201 provides for the assistance with the cost of treatment of children with birth defects. Inherited Metabolic Disorders are one such birth defect for which a fund has been established to assist with the cost…

Department of Health and Social Services Division of Public Health Family Health Services 4104 Delaware Conrad State 30 / J-1 Visa Waiver Program 1.0 Purpose and Scope 1.1 This document will specify the procedures to be used by the Delaware Department of Health and Social Service…

DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Public Health 4100 Family Health Services 4107 Screening of Newborn Infants for Metabolic, Hematologic, Endocrinologic, and Certain Structural Disorders 1.0 Authority and Purpose 1.1 Under the authority granted the Department o…

Family Health Services 4109 Autism Surveillance and Registration Program 1.0 Purpose 1.1 Autism is a severe neurodevelopmental disorder whose prevalence appears to be increasing in Delaware and across the United States. An Autism Surveillance and Registration, or an Autism Regist…

Family Health Services 4110 Pharmacists Dispensing and Administering Contraceptives 1.0 Purpose These regulations are adopted by the Secretary of Delaware Health and Social Services pursuant to 16 Del.C. §§3001O-3003O. These regulations establish requirements, standard procedures…

Health Promotion and Disease Prevention 4201 Cancer Registry 1.0 Purpose These regulations are promulgated by the Department pursuant to Senate Bill 372 of the 141 st General Assembly. These regulations are also independently authorized by 29 Del.C. §7903 . The purpose of the reg…

Regulation_ 995 DEPARTMENT OF HEALTH AND SOCIAL SERVICES Division of Public Health 4200 Health Promotion and Disease Prevention 4202 Control of Communicable and Other Disease Conditions 1.0 Definitions The following words and terms, when used in this regulation, have the followin…

Health Promotion and Disease Prevention 4203 Cancer Treatment Program 1.0 Purpose 1.1 The Cancer Treatment Program (CTP) is a program of Delaware Health and Social Services (DHSS), Division of Public Health (DPH) intended to provide medical insurance coverage to uninsured Delawar…

Department of Health and Social Services Division of Public Health Health Promotion and Disease Prevention 4602 Care and Transportation of the Dead 1.0 Purpose This regulation establishes the standards for the care and transportation of dead bodies. This regulation describes the …

Health Promotion and Disease Prevention 4205 Vital Statistics 16 Del.C. §3104 has established in the Division of Public Health an Office of Vital Statistics which shall install, maintain and operate the only system of vital statistics throughout this State. The Office of Vital St…

Department of Health and Social Services Division of Public Health Emergency Medical Services 4301 Advanced Life Support Interfacility Transportation 1.0 Purpose 1.1 The purpose of this regulation is to permit the use of paramedics, under the oversight of the Division of Public H…

Department of Health and Social Services Division of Public Health Emergency Medical Services 4302 Air Medical Ambulance Service 1.0 Purpose and General Provisions 1.1 Purpose. The purpose of this regulation is to provide minimum standards for the operation of air medical ambulan…

Department of Health and Social Services Division of Public Health Emergency Medical Services 4303 Automatic External Defibrillation 1.0 Purpose 1.1 This regulation establishes: 1.1.1 The criteria for administering semi-automatic external cardiac defibrillation by the public in t…

Emergency Medical Services 4304 Delaware Medical Orders for Scope of Treatment (DMOST) Purpose: These DMOST regulations implement 16 Del.C. Ch. 25A which authorizes the Division of Public Health/Office of Emergency Medical Services, in conjunction with the Board of Medical Licens…