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Delaware Statutes, Title 16

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Delaware/Statutes

← All Delaware coverage

Title 16, Health and Safety

148 chapters · 1,804 sections in this title.

All chapters in Title 161,804 Ch 47, UNIFORM CONTROLLED SUBSTANCES ACT89 Ch 11, Long-Term Care Facilities and Services79 Ch 30f, ANIMAL WELFARE65 Ch 1, DEPARTMENT OF HEALTH AND SOCIAL SERVICES63 Ch 51, THE DEPARTMENT OF HEALTH AND SOCIAL …57 Ch 66, FIRE PREVENTION46 Ch 31, REGISTRATION OF BIRTHS, DEATHS, MARR…41 Ch 56, Behavioral Health [For application o…36 Ch 79, Basic Plumbing Principles35 Ch 9, ABUSE OF CHILDREN32 Ch 27, ANATOMICAL GIFTS AND STUDIES32 Ch 25, Uniform Health-Care Decisions Act30 Ch 99, DELAWARE HEALTH CARE COMMISSION30 Ch 10, HOSPITALS28

1,804 sections·Filtered byTitle 16✕

16 Del. C. § 316. Venue; continuance of nuisance as offense.
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§ 316. Venue; continuance of nuisance as offense. An offense charged under this chapter shall be construed and held to have been committed in any county whose inhabitants are or have been injured or aggrieved thereby. The continuance of any offense for 5 days after prosecution co…
16 Del. C. § 317. Penalties; corporations.
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§ 317. Penalties; corporations. (a) Whoever violates this chapter, except as otherwise therein prescribed or any regulation of the board of health made in pursuance thereof, or obstructs or interferes with the execution of any such order, or wilfully or illegally omits to obey an…
16 Del. C. § 501. Report of contagious diseases — To Department.
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§ 501. Report of contagious diseases — To Department. (a) Local boards of health authorities and physicians in rural districts or other localities where there are no health officials shall report to the Department of Health and Social Services the existence of any case of contagi…
16 Del. C. § 502. Report of contagious diseases — To local boards.
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§ 502. Report of contagious diseases — To local boards. Every physician or other person having knowledge of any person who is suffering from any disease dangerous to the public health, which the Department of Health and Social Services may require to be reported shall report the …

16 Del. C. § 503. Unreported contagious disease.

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§ 503. Unreported contagious disease. When complaint is made or there is a reasonable belief of the existence of an infectious or contagious disease in a building or facility which has not been reported as required by § 502 of this title, the Secretary of Health and Social Servic…

16 Del. C. § 504. Notifiable diseases.

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§ 504. Notifiable diseases. The Division of Public Health may by regulation declare any disease to be a notifiable disease, as that term is used in § 130(b) of this title.16 Del. Laws, c. 345, § 17; 22 Del. Laws, c. 328, § 3; Code 1915, § 756; 33 Del. Laws, c. 57, § 4; 34 Del. La…

16 Del. C. § 505. Communicable diseases; regulations; quarantine [Effective until July 17, 2028].

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§ 505. Communicable diseases; regulations; quarantine [Effective until July 17, 2028]. (a) From the list of notifiable diseases referred to in § 504 of this title, the Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice r…

16 Del. C. § 506. Due process rights of quarantined individuals.

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§ 506. Due process rights of quarantined individuals. The Division of Public Health shall afford persons who are quarantined pursuant to § 505 of this title the same due process rights as those afforded to persons who are quarantined pursuant to § 3136 of Title 20.73 Del. Laws, c…

16 Del. C. § 507. Diphtheria antitoxin and immunizing materials; distribution; regulations; penalty for false certification.

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§ 507. Diphtheria antitoxin and immunizing materials; distribution; regulations; penalty for false certification. (a) The State Board of Health may procure and distribute free to any physician for use in this State diphtheria antitoxin and all necessary material for immunizing pe…

16 Del. C. § 508. Tracking of potential or existing public health emergencies.

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§ 508. Tracking of potential or existing public health emergencies. The Division of Public Health shall ascertain the existence of cases of an illness or health condition which may be potential causes of a public health emergency; shall investigate all such cases for sources of i…

16 Del. C. § 509. Vaccination for meningococcal disease.

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§ 509. Vaccination for meningococcal disease. (a) The purpose of this section is to prevent the contraction and spread of bacterial meningococcal disease among students in postsecondary educational institutions. The intent of this section is that postsecondary educational institu…

16 Del. C. § 510. Immunizations containing mercury.

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§ 510. Immunizations containing mercury. (a) A vaccine containing mercury may not be made available to a medical provider in this State for administration to children under 8 years of age or to pregnant women, or to both. A vaccine containing mercury may not be administered to a …

16 Del. C. § 520. Definitions.

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§ 520. Definitions. As used in this title, unless otherwise provided or the context requires a different meaning: (1) “County Public Health Administrator” means the Division of Public Health employee responsible for managing the operations of all public health programs within an …

16 Del. C. § 521. Reporting by health-care providers.

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§ 521. Reporting by health-care providers. (a) Physicians, pharmacists, nurses, hospital administrators, medical examiners, morticians, laboratory administrators and others who provide health-care services to persons with tuberculosis or suspected tuberculosis shall report the fo…

16 Del. C. § 522. Division investigates reported cases of tuberculosis.

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§ 522. Division investigates reported cases of tuberculosis. Whenever the Division shall discover, as a result of its own investigation or as a result of any report required by this chapter that any person may have tuberculosis, the Division shall investigate or further investiga…

16 Del. C. § 523. Voluntary treatment.

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§ 523. Voluntary treatment. Whenever the Division shall discover as a result of its own investigation or as a result of any report required by this chapter that any person has tuberculosis, the Division shall encourage the person to take voluntary treatment to meet the minimum re…

16 Del. C. § 524. Public health power to examine and order treatment [Effective until July 17, 2028].

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§ 524. Public health power to examine and order treatment [Effective until July 17, 2028]. (a) Subject to the provisions of § 526 of this title, a person with tuberculosis or a person reasonably suspected of being diseased with or exposed to tuberculosis shall report for a comple…

16 Del. C. § 525. Types of involuntary treatment: Outpatient examination and treatment, directly observed therapy, hospitalization and residential isolation [Effective until July 17, 2028].

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§ 525. Types of involuntary treatment: Outpatient examination and treatment, directly observed therapy, hospitalization and residential isolation [Effective until July 17, 2028]. (a) Subject to the provisions of § 526 of this title, the Director or, if the Director is not a licen…

16 Del. C. § 526. Conditions under which orders can be issued by Director [Effective until July 17, 2028].

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§ 526. Conditions under which orders can be issued by Director [Effective until July 17, 2028]. (a) No person may be ordered to undergo outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the general public in the home, except upon t…

16 Del. C. § 527. Order for emergency treatment [Effective until July 17, 2028].

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§ 527. Order for emergency treatment [Effective until July 17, 2028]. (a) The County Public Health Administrator shall file a petition before the Division requesting that emergency treatment be ordered for a person infected with, or reasonably suspected of having, tuberculosis wh…

16 Del. C. § 528. Service of notice and processes; duties of the peace officer [Effective until July 17, 2028].

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§ 528. Service of notice and processes; duties of the peace officer [Effective until July 17, 2028]. (a) All notices required to be given, warrants, petitions, processes issued and orders entered pursuant to this subchapter shall be served by a peace officer of proper jurisdictio…

16 Del. C. § 529. Right to appeal.

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§ 529. Right to appeal. Any person who is aggrieved by the entry of an order pursuant to this subchapter shall have 15 days within which to appeal the order to Superior Court. The Court shall convene a hearing as soon as practicable, but no later than 15 working days from the fil…

16 Del. C. § 530. Exercise of religious freedom.

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§ 530. Exercise of religious freedom. Nothing in this subchapter shall be construed to authorize or empower the medical treatment of any person who desires treatment by prayer or spiritual means, in the exercise of religious freedom; provided however, that said person shall be is…

16 Del. C. § 531. Confidentiality.

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§ 531. Confidentiality. All information held by the Division relating to known or suspected cases of tuberculosis or exposure to tuberculosis shall be strictly confidential. Said information shall not be released or made public upon subpoena or otherwise, except that release may …

16 Del. C. § 532. Health emergencies.

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§ 532. Health emergencies. The provisions of this subchapter are subject to the provisions of Title 20. Provisions of Title 20 which conflict with provisions of this subchapter shall take precedence over this subchapter.73 Del. Laws, c. 355, § 11;

16 Del. C. § 601. Enumeration of streptococcal infections.

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§ 601. Enumeration of streptococcal infections. Streptococcal infections are declared to be contagious, infectious, communicable and dangerous to the public health.60 Del. Laws, c. 491, § 1;

16 Del. C. § 602. General powers of Secretary.

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§ 602. General powers of Secretary. (a) The Secretary of the Department of Health and Social Services shall make such rules and regulations as in the Secretary’s judgment are necessary for the detection of the disease and for the care, control and treatment of persons infected th…

16 Del. C. § 701. Definitions.

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§ 701. Definitions. (a) “Director” means the Director of the Division of Public Health or the Director’s authorized deputies within their respective jurisdictions. (b) “Expedited partner therapy” means the clinical practice of treating the sex partners of patients diagnosed with …

16 Del. C. § 702. Reporting and prevention of STIs and STDs.

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§ 702. Reporting and prevention of STIs and STDs. (a) A physician or any other health-care professional who diagnoses, suspects, or treats a reportable STI or STD and every administrator of a health facility or at a Department of Correction facility in which there is a case of a …

16 Del. C. § 703. Examination, investigation and treatment of suspected persons.

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§ 703. Examination, investigation and treatment of suspected persons.Code 1915, § 740A; 30 Del. Laws, c. 53, §§ 1-6; Code 1935, § 778; 16 Del. C. 1953, § 703; 66 Del. Laws, c. 334, § 1; 70 Del Laws, c. 186,, § 1; 78 Del. Laws, c. 277, § 1; 84 Del. Laws, c. 92, §§ 2, 9; repealed b…

16 Del. C. § 703A. Expedited partner therapy.

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§ 703A. Expedited partner therapy. (a) A health-care practitioner who makes a clinical diagnosis of a sexually transmitted disease may provide expedited partner therapy for the treatment of the sexually transmitted disease in accordance with established medical practices and prof…

16 Del. C. § 704. Procedure for apprehension, commitment, treatment and quarantine of an infected person [Repealed].

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§ 704. Procedure for apprehension, commitment, treatment and quarantine of an infected person [Repealed].Code 1915, § 740A; 30 Del. Laws, c. 53, §§ 1-6; Code 1935, § 778; 45 Del. Laws, c. 86, § 1; 16 Del. C. 1953, § 704; 66 Del. Laws, c. 334, § 1; 70 Del. Laws, c. 186, § 1; 78 De…

16 Del. C. § 705. Emergency public health procedures [Repealed].

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§ 705. Emergency public health procedures [Repealed].66 Del. Laws, c. 334, § 1; 70 Del Laws, c. 186,, § 1; 78 Del. Laws, c. 277, § 1; repealed by 85 Del. Laws, c. 389, § 1, effective July 23, 2026.;

16 Del. C. § 706. Examination and treatment of offenders in the custody of the Department of Correction.

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§ 706. Examination and treatment of offenders in the custody of the Department of Correction. The Department of Correction must ensure that offenders in their custody are provided services for the examination, treatment and cure, if possible, of STIs or STDs as may be required ac…

16 Del. C. § 707. Rules and regulations of Department.

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§ 707. Rules and regulations of Department. (a) The Department of Health and Social Services shall promulgate regulations necessary to carry out the provisions of this subchapter, including: (1) Designation of reportable STIs or STDs. (2) Procedures around the verification of the…

16 Del. C. § 708. Prenatal standard tests for syphilis, gonorrhea, chlamydia, and other STDs and STIs.

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§ 708. Prenatal standard tests for syphilis, gonorrhea, chlamydia, and other STDs and STIs. (a) All health-care providers caring for pregnant persons must offer testing for STIs, STDs, and other relevant infections as prescribed by the American College of Obstetricians and Gyneco…

16 Del. C. § 709. Authority to perform venipuncture [Repealed].

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§ 709. Authority to perform venipuncture [Repealed].66 Del. Laws, c. 334, § 1; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 277, § 1; repealed by 85 Del. Laws, c. 389, § 1, effective July 23, 2026.;

16 Del. C. § 710. Minors — Treatment, consent, and liability for payment for care.

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§ 710. Minors — Treatment, consent, and liability for payment for care. Any health facility or health-care professional may examine and provide treatment for an STI or STD for any minor if such facility or professional is qualified to provide such examination or treatment. Consen…

16 Del. C. § 711. Confidentiality of records and information.

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§ 711. Confidentiality of records and information. All information and records held by the Division of Public Health relating to known or suspected cases of STIs or STDs, including infection with human immunodeficiency virus (HIV) are strictly confidential. Such information may n…

16 Del. C. § 712. Custodian of records.

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§ 712. Custodian of records. No Department of Public Health and Social Services or local health department officer or employee shall be examined in a civil, criminal, special or other proceeding as to the existence or contents of pertinent records for a person examined or treated…

16 Del. C. § 713. Penalties; jurisdiction.

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§ 713. Penalties; jurisdiction. (a) Except for § 702 of this title, whoever violates this chapter or any lawful rule or regulations made by the Department of Health and Social Services under § 707 of this title, or fails to obey any lawful order issued by the Director under this …

16 Del. C. § 714. Definitions.

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§ 714. Definitions. For purposes of this subchapter the following definitions shall apply: (1) “AIDS” shall mean Acquired Immunodeficiency Syndrome, a stage of HIV illness. (2) “Approved laboratory” shall mean a laboratory approved by the Department for the purpose of performing …

16 Del. C. § 715. Consent for HIV testing.

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§ 715. Consent for HIV testing. (a) A health-care provider or other person who performs HIV testing services in a clinical setting may provide routine/opt-out testing provided that the following occurs: (1) The subject is informed, orally or in writing, that routine/opt-out HIV t…

16 Del. C. § 716. HIV testing of pregnant women.

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§ 716. HIV testing of pregnant women. (a) A perinatal care provider may provide routine/opt-out testing pursuant to § 715(a) of this title. (1) In addition to the provisions of this subsection, a licensed health-care provider who renders the primary prenatal care for a pregnant w…

16 Del. C. § 717. Confidentiality.

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§ 717. Confidentiality. (a) No person may disclose or be compelled to disclose the identity of any person upon whom an HIV-related test is performed, or the results of such test in a manner which permits identification of the subject of the test, except to the following person: (…

16 Del. C. § 718. Enforcement of subchapter.

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§ 718. Enforcement of subchapter. (a) Any person aggrieved by a violation of this subchapter shall have a right of action in the Superior Court and may recover for each violation: (1) Against any person who negligently violates a provision of this subchapter, damages of $1,000 or…

16 Del. C. § 801. Definition of inflammation of eyes of newborn.

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§ 801. Definition of inflammation of eyes of newborn. Any inflammation, swelling, or redness in either 1 or both eyes of any infant, either apart from or together with any unnatural discharge from the eye or eyes of such infant, independent of the nature of the infection, if any,…

16 Del. C. § 801A. Short title.

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§ 801A. Short title. This chapter shall be known and may be cited as the “Universal Newborn and Infant Hearing Screening, Tracking, and Intervention Act.”75 Del. Laws, c. 116, § 1; 78 Del. Laws, c. 389, § 1;

16 Del. C. § 801B. Provision of information relating to Down Syndrome.

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§ 801B. Provision of information relating to Down Syndrome. (a) For the purposes of this section, the term “Down Syndrome” shall mean a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. A hos…

16 Del. C. § 801C. Short title.

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§ 801C. Short title. This chapter shall be known and may be cited as the “Newborn Screening Program.”80 Del. Laws, c. 96, § 1;