Title 16 — Health and Safety

143 chapters · 977 sections in this title.

977 sectionsFiltered byTitle 16

16 Del. C. § 2222. Immunity, limitation of liability.
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§ 2222. Immunity, limitation of liability. Any peace officer, emergency medical technician, firefighter, ambulance attendant, physician, employee of the Division, administrator or staff of a treatment facility, or other person acting under their supervision or assisting them, as …
16 Del. C. § 2223. Unwarranted confinement in a substance abuse treatment facility or denial of rights; penalties.
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§ 2223. Unwarranted confinement in a substance abuse treatment facility or denial of rights; penalties. (a) Any person that willingly causes or conspires with or assists another to cause: (1) The unwarranted involuntary confinement of any individual in a substance abuse treatment…
16 Del. C. § 2224. Reporting requirements.
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§ 2224. Reporting requirements. (a) Any employee of a facility or anyone who provides services to a patient of a facility on a regular or intermittent basis who has reasonable cause to believe that a patient or resident in a facility has been abused, mistreated, neglected or fina…
16 Del. C. § 2225. Coverage of persons for substance abuse treatment.
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§ 2225. Coverage of persons for substance abuse treatment.81 Del. Laws, c. 28, § 2; expired under 81 Del. Laws, c. 28, § 5;
16 Del. C. § 2226. Distribution of drug-testing strips; immunity.
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§ 2226. Distribution of drug-testing strips; immunity. (a) The purpose of this section is to expand the harm reduction strategies available in Delaware to address the epidemic level of drug overdose deaths through the provision of drug-testing strips. The provision of drug-testin…
16 Del. C. § 2227-2232. [Reserved.]
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§§ 2227-2232. [Reserved.]
16 Del. C. § 2301. Definitions.
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§ 2301. Definitions. As used in this chapter, unless the context requires a different meaning: (1) “Dangerous caustic or corrosive substance” means each and all of the acids, alkalis and substances named below: a. Hydrochloric acid and any preparation containing free or chemicall…
16 Del. C. § 2302. Selling in misbranded parcel.
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§ 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…
16 Del. C. § 2303. Approval and registration of brands and labels.
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§ 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 requir…
16 Del. C. § 2304. Penalties.
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§ 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;
16 Del. C. § 2401. Short title.
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§ 2401. Short title. This chapter shall be known and may be cited as the “Hazardous Chemical Information Act.”64 Del. Laws, c. 344, § 1;
16 Del. C. § 2402. Declaration of purpose.
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§ 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 acti…
16 Del. C. § 2403. Definitions.
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§ 2403. Definitions. (a) “Chemical manufacturer” shall mean an employer in Standard Industrial Classification (SIC) Codes 20 through 39 with a workplace where chemicals are produced for use or distribution. (b) “Chemical name” shall mean the scientific designation of a chemical i…
16 Del. C. § 2404. Relationship to OSHA standard.
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§ 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 …
16 Del. C. § 2405. Notice to employees.
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§ 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 …
16 Del. C. § 2406. Workplace chemical list.
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§ 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…
16 Del. C. § 2407. Material safety data sheets.
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§ 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 M…
16 Del. C. § 2408. Hazardous chemical labels.
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§ 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…
16 Del. C. § 2409. Emergency information.
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§ 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 nu…
16 Del. C. § 2410. Employee education programs.
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§ 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 …
16 Del. C. § 2411. Construction of chapter.
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§ 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 responsibi…
16 Del. C. § 2412. Powers of Secretary.
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§ 2412. Powers of Secretary. The Secretary may, in the manner provided by law, promulgate rules, regulations and administrative procedures reasonably necessary to carry out the purposes of this chapter.64 Del. Laws, c. 344, § 1;
16 Del. C. § 2413. Complaints; investigations; penalties.
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§ 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 Secr…
16 Del. C. § 2414. Outreach program.
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§ 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 tra…
16 Del. C. § 2415. Employee rights.
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§ 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 …
16 Del. C. § 2416. Protection of trade secrets.
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§ 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 employ…
16 Del. C. § 2417. Exemptions.
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§ 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 sha…
16 Del. C. § 2501. Short title.
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§ 2501. Short title. This chapter may be cited as the “Uniform Health-Care Decisions Act (2023).”84 Del. Laws, c. 467, § 1;
16 Del. C. § 2501A. Short title.
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§ 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;
16 Del. C. § 2501B. Definitions.
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§ 2501B. Definitions. (a) For purposes of this chapter, the definitions in § 2502 of this title apply. (b) For purposes of this chapter: (1) “Acute care” means inpatient health care. (2) “Certified peer recovery specialist” means as defined in § 10201A of this title. (3) “Protect…
16 Del. C. § 2501C. Purpose and intent [For application of this section, see 85 Del. Laws, c. 19, § 3].
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§ 2501C. Purpose and intent [For application of this section, see 85 Del. Laws, c. 19, § 3]. (a) A terminally-ill-adult individual who has decision-making capacity has the right to request and self-administer medication to end their life in a humane and dignified manner. (b) An i…
16 Del. C. § 2502. Definitions.
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§ 2502. Definitions. For purposes of this chapter: (1) “Advance health-care directive” means a power of attorney for health care, health-care instruction, or both. The term includes an advance mental health-care directive. (2) “Advance mental health-care directive” means a power …
16 Del. C. § 2502A. Statement of purpose.
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§ 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-maki…
16 Del. C. § 2502B. Health-care institution authorization to petition for guardianship for an individual to whom the institution is providing care.
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§ 2502B. Health-care institution authorization to petition for guardianship for an individual to whom the institution is providing care. (a) A health-care institution may file a petition for the appointment of a guardian for an individual to whom the institution is providing acut…
16 Del. C. § 2502C. Definitions [For application of this section, see 85 Del. Laws, c. 19, § 3].
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§ 2502C. Definitions [For application of this section, see 85 Del. Laws, c. 19, § 3]. For purposes of this chapter: (1) “Advanced practice registered nurse” or “APRN” means an individual with a valid Delaware APRN license. (2) “Attending APRN” means an APRN designated by an indiv…
16 Del. C. § 2503. Capacity.
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§ 2503. Capacity. (a) An individual has capacity for the purpose of this chapter if the individual is willing and able to communicate a decision independently or with appropriate services, technological assistance, supported decision making, or other reasonable accommodation and …
16 Del. C. § 2503A. Definitions.
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§ 2503A. Definitions. For purposes of this chapter: (1) “Advance health-care directive” means as defined under § 2502 of this title or any individual instruction or power of attorney for health care valid in the state where such document was executed or where the individual execu…
16 Del. C. § 2503B. Advance mental health-care directive awareness.
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§ 2503B. Advance mental health-care directive awareness. (a) A health-care institution providing mental health care to an individual shall do all of the following: (1) Determine whether the individual has an advance mental health-care directive. (2) Make informational materials a…
16 Del. C. § 2503C. Information to patients [For application of this section, see 85 Del. Laws, c. 19, § 3].
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§ 2503C. Information to patients [For application of this section, see 85 Del. Laws, c. 19, § 3]. (a) Nothing in this chapter may be construed to lessen informed consent requirements. (b) An attending physician or attending APRN must provide sufficient information to an individua…
16 Del. C. § 2504. Presumption of capacity; overcoming presumption [For application of this section, see 85 Del. Laws, c. 253, § 23].
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§ 2504. Presumption of capacity; overcoming presumption [For application of this section, see 85 Del. Laws, c. 253, § 23]. (a) An individual is presumed to have capacity to make or revoke a health-care decision, health-care instruction, and power of attorney for health care unles…
16 Del. C. § 2504A. Duty of patient’s authorized representative.
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§ 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 inst…
16 Del. C. § 2504C. Qualified patients: requirements [For application of this section, see 85 Del. Laws, c. 19, § 3].
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§ 2504C. Qualified patients: requirements [For application of this section, see 85 Del. Laws, c. 19, § 3]. (a) An individual who meets all of the following requirements is a qualified patient under this chapter: (1) The individual is an adult resident of Delaware. (2) The individ…
16 Del. C. § 2505. Notice of finding of lack of capacity; right to object.
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§ 2505. Notice of finding of lack of capacity; right to object. (a) As soon as reasonably feasible, an individual who makes a finding under § 2504(b) of this title shall inform the individual about whom the finding was made or the individual’s responsible health-care professional…
16 Del. C. § 2505A. Powers and duties of Department of Health and Social Services.
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§ 2505A. Powers and duties of Department of Health and Social Services. (a) The Secretary is 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, modif…
16 Del. C. § 2505C. Request process for medication to end life [For application of this section, see 85 Del. Laws, c. 19, § 3].
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§ 2505C. Request process for medication to end life [For application of this section, see 85 Del. Laws, c. 19, § 3]. (a) An individual may request medication to end their life in a humane and dignified manner by making 2 oral requests and 1 written request to the individual’s att…
16 Del. C. § 2506. Judicial review of finding of lack of capacity.
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§ 2506. Judicial review of finding of lack of capacity. (a) An individual found under § 2504(b) of this title to lack capacity, a responsible health-care professional, the health-care institution providing health care to the individual, or a person interested in the welfare of th…
16 Del. C. § 2506A. Powers and duties of the Department of State.
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§ 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;
16 Del. C. § 2506C. Right to rescind request [For application of this section, see 85 Del. Laws, c. 19, § 3].
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§ 2506C. Right to rescind request [For application of this section, see 85 Del. Laws, c. 19, § 3]. (a) At any time, an individual may rescind a request for medication to end life in a humane and dignified manner without regard to the individual’s mental state. (b) An attending ph…
16 Del. C. § 2507. Health-care instruction.
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§ 2507. Health-care instruction. (a) An individual may create a health-care instruction that expresses the individual’s preferences for future health care, including preferences regarding all of the following: (1) Health-care professionals or health-care institutions. (2) How a h…
16 Del. C. § 2507A. Delaware Health Information Network.
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§ 2507A. Delaware Health Information Network. The Delaware Health Information Network (DHIN) shall maintain 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.8…