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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. § 9814. Statewide paramedic funding program.
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§ 9814. Statewide paramedic funding program. (a) The statewide paramedic funding program is hereby established for the purpose of participating with the counties in the financing of the statewide paramedic program. (b) The operational costs of the minimum paramedic staff hours es…
16 Del. C. § 9815. Implementation of REPLICA.
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§ 9815. Implementation of REPLICA. (a) The Department of Health and Social Services, in collaboration with the Delaware State Fire Commission and the Division of Professional Regulations, shall promulgate regulations for implementation of the REPLICA Compact, Chapter 98A of this …
16 Del. C. § 9816. Emergency care of police dogs.
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§ 9816. Emergency care of police dogs. (a) A paramedic or other EMS provider may provide emergency medical services to an injured police dog at the scene of an emergency that has resulted in the police dog’s injury. (b) A paramedic or other EMS provider may transport the police d…
16 Del. C. § 9817. Mobile-integrated healthcare and community paramedicine programs [For application of this section, see 85 Del. Laws, c. 325, § 23].

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§ 9817. Mobile-integrated healthcare and community paramedicine programs [For application of this section, see 85 Del. Laws, c. 325, § 23]. (a) An organization licensed as or actively seeking licensure as an emergency medical services provider agency may apply to the Office to es…

16 Del. C. § 98A-100. Adoption of REPLICA.

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§ 98A-100. Adoption of REPLICA. The Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act (“REPLICA”) is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially in this chapter.81 Del. Laws…

16 Del. C. § 98A-101. Purpose.

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§ 98A-101. Purpose. The purpose of this Compact is to protect the public through verification of competency and ensure accountability for patient care related activities of all states’ licensed emergency medical services (EMS) personnel, such as emergency medical technicians (EMT…

16 Del. C. § 98A-102. Definitions.

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§ 98A-102. Definitions. As used in this Compact: A. “Advanced emergency medical technician” or “AEMT” means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Pra…

16 Del. C. § 98A-103. Home state licensure.

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§ 98A-103. Home state licensure. A. Any member state in which an individual holds a current license is deemed a home state for purposes of this Compact. B. Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state u…

16 Del. C. § 98A-104. Compact privilege to practice.

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§ 98A-104. Compact privilege to practice. A. Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with § 98A-104 of this title. B. To exercise the privilege to practice under the terms and provisions of t…

16 Del. C. § 98A-105. Conditions of practice in a remote state.

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§ 98A-105. Conditions of practice in a remote state. An individual may practice in a remote state under a privilege to practice only in the performance of the individual’s EMS duties as assigned by an appropriate authority, as defined in the rules of the Commission, and under the…

16 Del. C. § 98A-106. Relationship to emergency management assistance compact.

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§ 98A-106. Relationship to emergency management assistance compact. Upon a member state’s governor’s declaration of a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), Chapter 34 of Title 20, all relevant terms and provisions of EMA…

16 Del. C. § 98A-107. Veterans, service members separating from active duty military, and their spouses.

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§ 98A-107. Veterans, service members separating from active duty military, and their spouses. A. Member states shall consider a veteran, active military service member, and member of the National Guard and Reserves separating from an active duty tour, and a spouse of the veteran …

16 Del. C. § 98A-108. Adverse actions.

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§ 98A-108. Adverse actions. A. A home state shall have exclusive power to impose adverse action against an individual’s license issued by the home state. B. If an individual’s license in any home state is restricted or suspended, the individual is not eligible to practice in a re…

16 Del. C. § 98A-109. Additional powers invested in a member state’s EMS authority.

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§ 98A-109. Additional powers invested in a member state’s EMS authority. A member state’s EMS authority, in addition to any other powers granted under state law, is authorized under this Compact to do all of the following: 1. Issue subpoenas for both hearings and investigations t…

16 Del. C. § 98A-110. Establishment of the Interstate Commission for EMS Personnel Practice.

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§ 98A-110. Establishment of the Interstate Commission for EMS Personnel Practice. A. The Compact states hereby create and establish a joint public agency known as the Interstate Commission for EMS Personnel Practice. 1. The Commission is a body politic and an instrumentality of t…

16 Del. C. § 98A-111. Coordinated database.

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§ 98A-111. Coordinated database. A. The Commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action, and significant investigatory information on all licensed individuals in member states. B. Not…

16 Del. C. § 98A-112. Rulemaking.

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§ 98A-112. Rulemaking. A. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted under this section. Rules and amendments are binding as of the date specified in the rule or amendment. B. If a majority of the l…

16 Del. C. § 98A-113. Oversight, dispute resolution, and enforcement.

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§ 98A-113. Oversight, dispute resolution, and enforcement. A. Oversight. — 1. The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes …

16 Del. C. § 98A-114. Date of implementation of the Interstate Commission for EMS Personnel Practice and associated rules, withdrawal, and amendment.

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§ 98A-114. Date of implementation of the Interstate Commission for EMS Personnel Practice and associated rules, withdrawal, and amendment. A. The Compact takes effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions that becom…

16 Del. C. § 98A-115. Construction and severability.

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§ 98A-115. Construction and severability. This Compact shall be liberally construed so as to effectuate the purposes of the Compact. If a court finds that this Compact is contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the…

16 Del. C. § 9901. Findings [Repealed].

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§ 9901. Findings [Repealed].67 Del. Laws, c. 334, § 1; 68 Del. Laws, c. 341, § 1; repealed by 78 Del. Laws, c. 296, § 1, eff. June 5, 2012.;

16 Del. C. § 9902. Delaware Health Care Commission.

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§ 9902. Delaware Health Care Commission. (a) (1) There is hereby established the Delaware Health Care Commission, hereinafter in this chapter referred to as the Commission. Said Commission shall consist of 11 members, 5 of whom shall be appointed by the Governor, 1 of whom shall …

16 Del. C. § 9903. Duties and authority of the Commission [For application of this section, see 85 Del. Laws, c. 253, § 23].

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§ 9903. Duties and authority of the Commission [For application of this section, see 85 Del. Laws, c. 253, § 23]. (a) The Commission may hire staff, contract for consulting services, conduct any technical or actuarial studies which it deems to be necessary to support its work, an…

16 Del. C. § 9904. Reporting requirements.

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§ 9904. Reporting requirements. (a) On or before January 15, 1991, the Commission shall report to the Governor and the General Assembly on the status of the recommendations contained in the May 31, 1990, Task Force Report. On or before March 15, 1991, the Commission shall submit …

16 Del. C. § 9904A. Primary Care Reform Collaborative.

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§ 9904A. Primary Care Reform Collaborative. (a) The Commission shall convene a Primary Care Reform Collaborative (“Collaborative”) to assist with the development of recommendations to strengthen the primary care system in this State. The Collaborative may collect and accept advic…

16 Del. C. § 9905. Findings.

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§ 9905. Findings. (a) The General Assembly finds and declares that the purpose of the Delaware Institute of Medical Education and Research (DIMER), created in 1969 as an alternative to a state sponsored medical school, is sound and should be continued and strengthened. Delaware s…

16 Del. C. § 9906. Creation of a Board.

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§ 9906. Creation of a Board. (a) There is hereby established the Board of Directors of the Delaware Institute of Medical Education and Research (Board), which shall serve as an advisory board to the Health Care Commission. (b) The Board shall consist of 19 members as follows: (1)…

16 Del. C. § 9907. Purposes of the Board.

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§ 9907. Purposes of the Board. The purpose of the Board shall be to initiate, encourage and promote: (1) The relationship with Sidney Kimmel Medical College of Thomas Jefferson University (SKMC) and the Philadelphia College of Osteopathic Medicine (PCOM) as Delaware’s medical sch…

16 Del. C. § 9908. Duties.

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§ 9908. Duties. (a) The Board shall be responsible for overseeing implementation of policies designed to accomplish the purposes set forth in § 9907 of this title and shall report to the Commission on its progress in an annual report. Its activities and responsibilities shall inc…

16 Del. C. § 9909. Delaware Healthy Children Program.

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§ 9909. Delaware Healthy Children Program. (a) The Delaware Health Care Commission shall develop a program to help Delaware children without access to health insurance to obtain health insurance at affordable cost to their families. The Program shall promote the important objecti…

16 Del. C. § 9920-9927. Purpose; creation of Delaware Health Information Network; powers and duties; Immunity from suit; limitation of liability; property rights; regulations; resolution of disputes; privacy; protection of information; no pledge of state credit; no assumption of liability by State [Transferred].

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§§ 9920-9927. Purpose; creation of Delaware Health Information Network; powers and duties; Immunity from suit; limitation of liability; property rights; regulations; resolution of disputes; privacy; protection of information; no pledge of state credit; no assumption of liability …

16 Del. C. § 9940. Findings.

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§ 9940. Findings. (a) The General Assembly finds and declares that the original purposes for DIDER enacted in 1981 remain sound and should be continued and strengthened. (b) The General Assembly finds and declares that the arrangement between the State and Temple University Kornb…

16 Del. C. § 9941. Creation of a Board.

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§ 9941. Creation of a Board. (a) There is established the Board of Directors of the Delaware Institute for Dental Education and Research (“Board”) which shall serve as an advisory board to the Health Care Commission. (b) The Board is comprised of 12 members, 9 voting members and …

16 Del. C. § 9942. Purposes of the Board.

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§ 9942. Purposes of the Board. The purpose of the Board shall be to support, encourage, and promote all of the following: (1) Accredited general practice residencies in dentistry at any hospital accredited by the Commission on Dental Accreditation of the American Dental Associati…

16 Del. C. § 9943. Duties.

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§ 9943. Duties. The Board shall be responsible for implementation of policies designed to accomplish the purposes set forth in § 9942 of this title, and shall report to the Commission on its progress. Its activities and responsibilities shall include: (1) Working in conjunction w…

16 Del. C. § 9951. Definitions.

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§ 9951. Definitions. As used in this subchapter: (1) “Board” means the Diamond State Hospital Cost Review Board established by § 9952 of this title. (2) “Core CPI” means as defined in § 2503 of Title 18. (3) “Hospital” means as defined in § 1001 of this title, except that hospita…

16 Del. C. § 9952. Diamond State Hospital Cost Review Board.

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§ 9952. Diamond State Hospital Cost Review Board. (a) There is established the Diamond State Hospital Cost Review Board for the purpose of carrying out hospital budget reviews and related functions under this chapter. (b) (1) The Board consists of 8 members as follows: a. Seven v…

16 Del. C. § 9953. Submission and analysis of hospital financial information.

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§ 9953. Submission and analysis of hospital financial information. (a) Hospitals shall annually submit to the Board any of the following information required by the Board under rules, regulations, and guidance promulgated under this subchapter, including the Manual: (1) The hospi…

16 Del. C. § 9954. Benchmark compliance plans.

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§ 9954. Benchmark compliance plans. (a) (1) Beginning in 2027, and except as provided in paragraph (a)(2) of this section, if the Board determines that a hospital’s actual annual cost growth has exceeded the spending benchmark, the Board shall send the hospital notice of that fin…

16 Del. C. § 9955. Approval or modification of hospital budget [Repealed].

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§ 9955. Approval or modification of hospital budget [Repealed].84 Del. Laws, c. 270, § 2; repealed by 85 Del. Laws, c. 236, § 5, effective Jan. 30, 2026.;

16 Del. C. § 9956. Appeal from a final decision of the Board.

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§ 9956. Appeal from a final decision of the Board. (a) A hospital affected by any final decision of the Board may appeal from such order to the Superior Court within 30 days from the date upon which such decision is served. The appeal shall be filed with the prothonotary of the S…

16 Del. C. § 9957. Enforcement.

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§ 9957. Enforcement. (a) A hospital that knowingly fails to provide information or adhere to standards, procedures, and deadlines under this subchapter, or a rule or regulation promulgated under this subchapter, may be assessed a civil penalty of up to $500,000. (b) [Repealed.] (…

16 Del. C. § 9958. Open meetings; records subject to disclosure.

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§ 9958. Open meetings; records subject to disclosure. (a) The Board is a public body, subject to the open meetings requirement of § 10004 of Title 29; provided, however, that the Board may schedule and conduct private meetings with hospitals when the content of the discussion wil…

16 Del. C. § 9959. Temporary pricing measures for calendar year 2025 and 2026 [Expires Jan. 1, 2027, pursuant to 84 Del. Laws, c. 270, § 5].

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§ 9959. Temporary pricing measures for calendar year 2025 and 2026 [Expires Jan. 1, 2027, pursuant to 84 Del. Laws, c. 270, § 5]. (a) Except as provided in subsection (c) of this section, for calendar years 2025 and 2026, a hospital may not charge any payer, purchaser, insurer, o…

16 Del. C. § 9961. Definitions [Effective upon fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)].

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§ 9961. Definitions [Effective upon fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)]. For the purposes of this subchapter: (1) “Board” means the Diamond State Hospital Cost Review Board established by § 9952 of this title. (2) “Department” means the Department of Healt…

16 Del. C. § 9962. Minimum financial assistance standards [Effective upon fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)].

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§ 9962. Minimum financial assistance standards [Effective upon fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)]. (a) (1) A hospital and a facility-based provider shall, at a minimum, provide financial assistance for the patient responsibility arising from medically nec…

16 Del. C. § 9963. Duties of the Board [Effective upon fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)].

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§ 9963. Duties of the Board [Effective upon fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)]. (a) The Board may adopt regulations to administer, enforce, or implement this subchapter. (b) The Board shall establish by regulation, with input from the Delaware Healthcare …

16 Del. C. § 9964. Hospital financial assistance policies [Effective upon fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)].

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§ 9964. Hospital financial assistance policies [Effective upon fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)]. In accordance with federal and state guidelines, a hospital shall publish the hospital’s financial assistance policy and application on the hospital’s websi…

16 Del. C. § 9965. Licensure and penalties [Effective upon fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)].

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§ 9965. Licensure and penalties [Effective upon fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)]. (a) On finding that a hospital is not in compliance with the financial assistance requirements under this subchapter, the Board shall notify the Division of Health Care Qu…

16 Del. C. § 9966. Successor liability [Effective upon fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)].

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§ 9966. Successor liability [Effective upon fulfillment of contingency in 85 Del. Laws, c. 349, § 6(b)]. The obligations imposed by this subchapter run with the hospital license and apply to any successor owner or operator of a hospital licensed under Chapter 10 of this title .85…