Title 16 — Health and Safety

143 chapters · 977 sections in this title.

977 sectionsFiltered byTitle 16

16 Del. C. § 2507C. Waiting periods and expiration of request [For application of this section, see 85 Del. Laws, c. 19, § 3].
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§ 2507C. Waiting periods and expiration of request [For application of this section, see 85 Del. Laws, c. 19, § 3]. (a) Under § 2505C(b) of this title, an attending physician or attending APRN may not write a prescription under this chapter less than 15 days after the individual’…
16 Del. C. § 2508. Power of attorney for health care.
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§ 2508. Power of attorney for health care. (a) An individual may create a power of attorney for health care to appoint an agent to make health-care decisions for the individual. (b) An individual is disqualified from acting as agent for an individual who lacks capacity to make he…
16 Del. C. § 2508A. Obligation to treat.
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§ 2508A. Obligation to treat. A health-care practitioner, health-care provider, health-care institution, or emergency-care provider shall treat a patient who has a completed DMOST form in accordance with the directions and options indicated in such DMOST form, except as otherwise…
16 Del. C. § 2508C. Responsibilities of the attending physician or attending APRN [For application of this section, see 85 Del. Laws, c. 19, § 3].
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§ 2508C. Responsibilities of the attending physician or attending APRN [For application of this section, see 85 Del. Laws, c. 19, § 3]. An attending physician or attending APRN must do all of the following before prescribing medication to an individual who provides a document und…
16 Del. C. § 2509. Advance mental health-care directive.
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§ 2509. Advance mental health-care directive. (a) An individual may create an advance health-care directive that addresses only mental health care for the individual. The directive may include a health-care instruction, a power of attorney for health care, or both. (b) A health-c…
16 Del. C. § 2509A. Mandatory elements of DMOST forms.
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§ 2509A. Mandatory elements of DMOST forms. A DMOST form shall be deemed to be completed and therefore valid for the purposes of this chapter if it: (1) Contains information indicating a patient’s health-care preferences; (2) Has been voluntarily signed by a patient or by another…
16 Del. C. § 2509C. Responsibilities of the consulting physician or consulting APRN [For application of this section, see 85 Del. Laws, c. 19, § 3].
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§ 2509C. Responsibilities of the consulting physician or consulting APRN [For application of this section, see 85 Del. Laws, c. 19, § 3]. Before an individual may receive a prescription for medication to end life in a humane and dignified manner a consulting physician or consulti…
16 Del. C. § 2510. Relationship of advance mental health-care directive and other advance health-care directive.
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§ 2510. Relationship of advance mental health-care directive and other advance health-care directive. (a) If a direction in an advance mental health-care directive of an individual conflicts with a direction in another advance health-care directive of the individual, the later di…
16 Del. C. § 2510A. Recognition of medical orders from other states.
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§ 2510A. Recognition of medical orders from other states. A document executed in another state, which meets the requirements of this chapter for a DMOST form or the requirements of the state where such document was executed or the state where the patient was a resident at the tim…
16 Del. C. § 2510C. Confirming decision-making capacity [For application of this section, see 85 Del. Laws, c. 19, § 3].
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§ 2510C. Confirming decision-making capacity [For application of this section, see 85 Del. Laws, c. 19, § 3]. (a) If an attending physician, attending APRN, consulting physician, or consulting APRN believes that an individual may not have decision-making capacity, the physician o…
16 Del. C. § 2511. Optional form.
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§ 2511. Optional form. The following form may be used to create an advance health-care directive: ADVANCE HEALTH-CARE DIRECTIVE HOW YOU CAN USE THIS FORM You can use this form if you wish to name someone to make health-care decisions for you in case you cannot make decisions for …
16 Del. C. § 2511A. Modification or revocation of DMOST forms.
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§ 2511A. Modification or revocation of DMOST forms. (a) A patient with decision-making capacity, may, at any time, void that patient’s own completed DMOST form or otherwise request alternative treatment to the treatment that was ordered on the DMOST form. (b) If the orders in a p…
16 Del. C. § 2511C. Department responsibilities [For application of this section, see 85 Del. Laws, c. 19, § 3].
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§ 2511C. Department responsibilities [For application of this section, see 85 Del. Laws, c. 19, § 3]. (a) (1) The Department shall make rules and regulations to facilitate the collection of information regarding compliance with this chapter, including the information necessary to…
16 Del. C. § 2512. Default surrogate.
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§ 2512. Default surrogate. (a) A default surrogate may make a health-care decision for an individual who lacks capacity to make health-care decisions and for whom an agent, or guardian authorized to make health-care decisions, has not been appointed or is not reasonably available…
16 Del. C. § 2512A. Resolution of conflicts.
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§ 2512A. Resolution of conflicts. (a) In the event of a disagreement between the patient’s authorized representative and the patient’s health-care practitioner concerning the patient’s decision-making capacity or the appropriate interpretation and application of the terms of a co…
16 Del. C. § 2512C. Assumptions and presumptions; effect on construction of wills, contracts, insurance, and annuity policies [For application of this section, see 85 Del. Laws, c. 19, § 3].
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§ 2512C. Assumptions and presumptions; effect on construction of wills, contracts, insurance, and annuity policies [For application of this section, see 85 Del. Laws, c. 19, § 3]. (a) A provision in a contract, will, or other agreement, whether written or oral, that would affect …
16 Del. C. § 2513. Disagreement among default surrogates.
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§ 2513. Disagreement among default surrogates. (a) A default surrogate who assumes authority under § 2512 of this title shall inform a responsible health-care professional if 2 or more members of a class under § 2512(b) of this title have assumed authority to act as default surro…
16 Del. C. § 2513A. Conflicting directives.
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§ 2513A. Conflicting directives. (a) The patient’s scope of treatment shall be governed by the latest directive available. (b) If the treatment directives of a later advance health-care directive conflict with the patient’s directives on a DMOST form, a health-care practitioner s…
16 Del. C. § 2513C. Immunity [For application of this section, see 85 Del. Laws, c. 19, § 3].
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§ 2513C. Immunity [For application of this section, see 85 Del. Laws, c. 19, § 3]. (a) A person acting in good faith and in accordance with generally-accepted health-care standards is not subject to civil or criminal liability or to discipline for unprofessional conduct, includin…
16 Del. C. § 2514. Disqualification to act as default surrogate.
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§ 2514. Disqualification to act as default surrogate. (a) An individual for whom a health-care decision would be made may disqualify another individual from acting as default surrogate for the first individual. The disqualification must be in a record signed by the first individu…
16 Del. C. § 2514A. Safeguards.
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§ 2514A. Safeguards. Any individual or entity may petition the Court of Chancery for appointment of a guardian of the person of a patient if that individual or entity has good reason to believe that the withdrawal or withholding of health care in a particular case: (1) Is contrar…
16 Del. C. § 2515. Revocation.
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§ 2515. Revocation. (a) An individual may revoke the appointment of an agent, the designation of a default surrogate, or a health-care instruction in whole or in part, unless any of the following: (1) A court finds the individual lacks capacity to do so. (2) The individual is fou…
16 Del. C. § 2515A. Immunity.
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§ 2515A. Immunity. A health-care institution, health-care practitioner, or health-care provider acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care institution, health-care practitioner, or health-care provider is not…
16 Del. C. § 2516. Validity of advance health-care directive; conflict with other law.
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§ 2516. Validity of advance health-care directive; conflict with other law. (a) An advance health-care directive created outside this State is valid if it complies with either of the following: (1) The law of the state specified in the directive or, if a state is not specified, t…
16 Del. C. § 2516A. Assumptions and presumptions.
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§ 2516A. Assumptions and presumptions. (a) Neither the execution of a DMOST form under this chapter nor the fact that health care is withheld or withdrawn from a patient in accordance therewith shall, for any purpose, constitute a suicide. (b) The completion of a DMOST form pursu…
16 Del. C. § 2517. Duties of agent and default surrogate.
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§ 2517. Duties of agent and default surrogate. (a) An agent or default surrogate has a fiduciary duty to the individual for whom the agent or default surrogate is acting when exercising or purporting to exercise a power under § 2518 of this title. (b) An agent or default surrogat…
16 Del. C. § 2517A. Penalties.
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§ 2517A. Penalties. (a) A health-care provider who fails to act in accordance with the requirements of this chapter is subject to discipline for professional misconduct. (b) A health-care institution that intentionally fails to act in accordance with the requirements of this chap…
16 Del. C. § 2518. Powers of agent and default surrogate.
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§ 2518. Powers of agent and default surrogate. (a) Except as provided in subsection (c) of this section, the power of an agent or default surrogate commences when the individual is found under § 2504(b) of this title or by a court to lack capacity to make a health-care decision. …
16 Del. C. § 2518A. Capacity.
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§ 2518A. Capacity. (a) An adult individual is presumed to have capacity to make a health-care decision and to execute, modify or void a DMOST form. (b) A determination that a patient lacks decision-making capacity must be made by a physician, and if a patient’s authorized represe…
16 Del. C. § 2519. Limitation on powers.
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§ 2519. Limitation on powers. (a) If an individual has a long-term disability requiring routine treatment by artificial nutrition, hydration, or mechanical ventilation and a history of using the treatment without objection, an agent or default surrogate may not consent to withhol…
16 Del. C. § 2519A. Severability.
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§ 2519A. Severability. The provisions of this chapter are severable, and if any word, phrase, clause, sentence, section, or provision of this chapter is for any reason held to be unconstitutional, the decision of the court shall not affect or impair any of the remaining provision…
16 Del. C. § 2520. Co-agents; alternate agent.
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§ 2520. Co-agents; alternate agent. (a) An individual in a power of attorney for health care may appoint multiple individuals as co-agents. Unless the power of attorney provides otherwise, each co-agent may exercise independent authority. (b) An individual in a power of attorney …
16 Del. C. § 2520A. Effect of copy.
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§ 2520A. Effect of copy. A copy of a DMOST form or revocation of a DMOST form has the same effect as the original.80 Del. Laws, c. 18, § 1;
16 Del. C. § 2521. Duties of health-care professional, responsible health-care professional, and health-care institution.
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§ 2521. Duties of health-care professional, responsible health-care professional, and health-care institution. (a) A responsible health-care professional who is aware that an individual has been found to lack capacity to make a decision shall make a reasonable effort to determine…
16 Del. C. § 2521A. DMOST Steering Committee.
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§ 2521A. DMOST Steering Committee. (a) The DMOST Steering Committee (Committee) is established to support the implementation of the DMOST program and make recommendations regarding the implementation of this chapter. (b) The Committee is comprised of the following members, or a d…
16 Del. C. § 2522. Decision by guardian.
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§ 2522. Decision by guardian. (a) A guardian may refuse to comply with a provision of or revoke the individual’s advance health-care directive only if the court appointing the guardian issues an order expressly permitting the acts taken by the guardian. (b) Unless a court orders …
16 Del. C. § 2523. Immunity.
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§ 2523. Immunity. (a) A health-care professional or health-care institution acting in good faith is not subject to civil or criminal liability or to discipline for unprofessional conduct for any of the following: (1) Complying with a health-care decision made for an individual by…
16 Del. C. § 2524. Prohibited conduct; damages.
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§ 2524. Prohibited conduct; damages. (a) A person may not do any of the following: (1) Intentionally falsify, in whole or in part, an advance health-care directive. (2) Intentionally conceal, deface, obliterate, or delete the directive or a revocation of the directive without con…
16 Del. C. § 2525. Effect of copy; certified physical copy.
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§ 2525. Effect of copy; certified physical copy. (a) A physical or electronic copy of an advance health-care directive, revocation of an advance health-care directive, or appointment, designation, or disqualification of a surrogate has the same effect as the original. (b) An indi…
16 Del. C. § 2526. Judicial relief.
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§ 2526. Judicial relief. (a) On petition of an individual, the individual’s surrogate, a health-care professional or health-care institution providing health care to the individual, or a person interested in the welfare of the individual, the court may: (1) Enjoin implementation …
16 Del. C. § 2527. Construction.
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§ 2527. Construction. (a) This chapter does not authorize mercy killing, assisted suicide, or euthanasia. (b) This chapter does not affect other law of this State governing treatment for mental illness of an individual involuntarily committed to a designated psychiatric treatment…
16 Del. C. § 2528. Uniformity of application and construction.
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§ 2528. Uniformity of application and construction. In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.84 Del. Laws, c. 467, § 1;
16 Del. C. § 2529. Savings provisions.
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§ 2529. Savings provisions. (a) An advance health-care directive created before September 30, 2025, is valid if it complies with this chapter or complied at the time of creation with the law of the state in which it was created. (b) This chapter does not affect the validity or ef…
16 Del. C. § 2530. Transitional provision.
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§ 2530. Transitional provision. This chapter applies to an advance health-care directive created before, on, or after September 30, 2025.70 Del. Laws, c. 392, § 7; 71 Del. Laws, c. 419, § 1; 84 Del. Laws, c. 467, § 1;
16 Del. C. § 2601. Short title; definitions.
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§ 2601. Short title; definitions. (a) This chapter shall be known and may be cited as the “Childhood Lead Poisoning Prevention Act.” (b) For purposes of this chapter: (1) “Department” means the Department of Health and Social Services. (2) “Elevated blood lead level” means a bloo…
16 Del. C. § 2601A. Short title [Repealed].
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§ 2601A. Short title [Repealed].74 Del. Laws, c. 109, § 1; 76 Del. Laws, c. 129, § 1; repealed by 85 Del. Laws, c. 169, § 1, effective Aug. 25, 2025.;
16 Del. C. § 2602. Physicians and health-care facilities to screen children.
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§ 2602. Physicians and health-care facilities to screen children. (a) Every health-care provider who is the primary health-care provider for a child shall order lead poisoning screening of the child, under regulations adopted by the Division of Public Health, at or around 12 and …
16 Del. C. § 2602A. Definitions [Repealed].
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§ 2602A. Definitions [Repealed].74 Del. Laws, c. 109, § 1; 76 Del. Laws, c. 129, § 1; 76 Del. Laws, c. 408, § 1; repealed by 85 Del. Laws, c. 169, § 1, effective Aug. 25, 2025.;
16 Del. C. § 2603. Screening prior to child care or school enrollment.
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§ 2603. Screening prior to child care or school enrollment. (a) For every child who has reached the age of 12 months, child care facilities and public and private nursery schools, preschools, and kindergartens shall require proof of screening for lead poisoning for admission or c…
16 Del. C. § 2603A. Hearing Aid Loan Bank Program [Repealed].
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§ 2603A. Hearing Aid Loan Bank Program [Repealed].74 Del. Laws, c. 109, § 1; 76 Del. Laws, c. 129, § 1; repealed by 85 Del. Laws, c. 169, § 1, effective Aug. 25, 2025.;