Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 2604. Reimbursement by third-party payers.
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§ 2604. Reimbursement by third-party payers. Blood lead testing, screening, screening-related services, and diagnostic evaluations as required by § 2602 of this title are reimbursable under health insurance contracts and group and blanket health insurance under §§ 3337 and 3554 o…
16 Del. C. § 2604A. Administration [Repealed].
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§ 2604A. Administration [Repealed].74 Del.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 Laws, c. 129, § 1; repealed by 85 Del.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. § 2605. Childhood Lead Poisoning Prevention Advisory Committee.
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§ 2605. Childhood Lead Poisoning Prevention Advisory Committee. (a) The Childhood Lead Poisoning Prevention Advisory Committee (“Committee”) is established to advise on the implementation of this chapter and to make any necessary recommendations for the implementation of this cha…
16 Del. C. § 2605A. Hearing aids: procedures, loans [Repealed].
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§ 2605A. Hearing aids: procedures, loans [Repealed].74 Del. Laws, c. 109, § 1; 76 Del. Laws, c. 129, § 1; 76 Del. Laws, c. 408, § 2; repealed by 85 Del. Laws, c. 169, § 1, effective Aug. 25, 2025.;
16 Del. C. § 2606. Annual report.
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§ 2606. Annual report. The Division of Public Health shall annually, on or before January 1, provide a report on elevated blood lead levels to the General Assembly by delivering a copy of the report to the Secretary of the Senate, Chief Clerk of the House of Representatives, and …
16 Del. C. § 2606A. Regulations [Repealed].
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§ 2606A. Regulations [Repealed].74 Del.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 Laws, c. 129, § 1; repealed by 85 Del.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. § 2607. Delaware State Lead-Based Paint Program.
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§ 2607. Delaware State Lead-Based Paint Program. (a) A program is created in the Department to be known as the Delaware State Lead-Based Paint Program. (b) Subject to subsection (c) of this section the Program shall exist and operate independently of any other lead-based paint ab…
16 Del. C. § 2607A. Reports [Repealed].
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§ 2607A. Reports [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. § 2608. Oversight of Delaware State Lead-Based Paint Program.
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§ 2608. Oversight of Delaware State Lead-Based Paint Program. (a) The Department shall operate the Program. (b) The Secretary of the Department shall appoint an employee of the Department as the Program Director. (c) The Program Director shall have full authority and responsibili…
16 Del. C. § 2609. Public information.
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§ 2609. Public information. (a) Except as otherwise provided by the Freedom of Information Act, Chapter 100 of Title 29, and subsection (b) of this section, all communications with the Program are public records under the Freedom of Information Act, Chapter 100 of Title 29. (b) T…
16 Del. C. § 2610. Division of Public Health duty to investigate.
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§ 2610. Division of Public Health duty to investigate. The Division of Public Health shall do all of the following within 60 days of receiving notification through the universal reporting system established by this chapter that a child has an elevated blood lead level: (1) Determ…
16 Del. C. § 2611. Division of Public Health duty to notify.
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§ 2611. Division of Public Health duty to notify. Within 10 days of determining a child’s lead-exposure site and the owner of a lead-exposure site under § 2610 of this title, the Division of Public Health shall communicate all of the following to the Program: (1) The location of …
16 Del. C. § 2612. Remediation and abatement duties of Delaware State Lead-Based Paint Program [For implementation of this section, see 85 Del. Laws, c. 98, § 5(1)].
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§ 2612. Remediation and abatement duties of Delaware State Lead-Based Paint Program [For implementation of this section, see 85 Del. Laws, c. 98, § 5(1)]. (a) Within 10 days of receiving the information under § 2611 of this title, the Program shall do all of the following: (1) In…
16 Del. C. § 2613. Delaware Lead-Based Paint Abatement and Remediation Fund.
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§ 2613. Delaware Lead-Based Paint Abatement and Remediation Fund. (a) A special fund of the State is created under the Department to be known as the “The Delaware Lead-Based Paint Abatement and Remediation Fund” (“the Fund”). All appropriations and other moneys, including gifts, …
16 Del. C. § 2614. Provisional certification of contractors.
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§ 2614. Provisional certification of contractors. (a) The Department may grant provisional certification for abatement and remediation work conducted under this chapter to an individual who has been certified to conduct equivalent abatement and remediation work in another state w…
16 Del. C. § 2615. Universal reporting system requirement.
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§ 2615. Universal reporting system requirement. The universal reporting system established under § 2602 of this title must require that a child’s health-care provider provide to the Division of Public Health the lead level found in the blood of each child who is screened or teste…
16 Del. C. § 2616. Regulatory authority.
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§ 2616. Regulatory authority. The Department may adopt regulations to administer, implement, and enforce this chapter.84 Del. Laws, c. 102, § 3;
16 Del. C. § 2801. Establishment of registry; testing of donors; penalties.
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§ 2801. Establishment of registry; testing of donors; penalties. (a) The Department of Health and Social Services shall establish a registry of all sperm banks and tissue banks operating in this State. All sperm banks and tissue banks operating in this State shall register with t…
16 Del. C. § 2901. Legislative intent.
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§ 2901. Legislative intent. The General Assembly finds that it is in the best interest of the people of this State to protect nonsmokers from involuntary exposure to environmental tobacco smoke and emissions produced by electronic smoking devices in most indoor areas open to the …
16 Del. C. § 2902. Definitions.
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§ 2902. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Auditorium” means the part of a public building where an audience …
16 Del. C. § 2903. Smoking restrictions.
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§ 2903. Smoking restrictions. Except as is provided in § 2904 of this title, and in order to reduce the levels of exposure to environmental tobacco smoke and emissions produced by electronic smoking devices, smoking shall not be permitted and no person shall smoke in any indoor e…
16 Del. C. § 2904. Smoking restrictions inapplicable.
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§ 2904. Smoking restrictions inapplicable. This chapter shall not apply to any of the following: (1) Private homes, private residences, or private vehicles, except when any of the following apply: a. The home, residence, or vehicle is being used for child care or day care. b. The…
16 Del. C. § 2905. Posting of signs.
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§ 2905. Posting of signs. “Warning: Smoking Permitted” signs shall be prominently posted and properly maintained where smoking is permitted pursuant to § 2904(2) and (4) of this title. Such signs shall be posted and maintained by the owner, operator, manager or other person havin…
16 Del. C. § 2906. Implementation; rules and regulations.
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§ 2906. Implementation; rules and regulations. (a) The Department of Labor shall adopt rules and regulations as are necessary and reasonable to implement the provisions of this chapter as they apply to employers, employees, places of employment and the work place. (b) The Departm…
16 Del. C. § 2907. Administrative penalties.
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§ 2907. Administrative penalties. (a) Any person who violates any provision of this chapter or any rule or regulation promulgated pursuant thereto shall be subject to an administrative penalty of $100 for a first violation and not less than $250 for each subsequent violation. (b)…
16 Del. C. § 2908. Vapor establishments.
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§ 2908. Vapor establishments. (a) Vapor establishments are permitted to have emissions produced by electronic smoking devices within their places of business. (b) Any vapor establishment permitted to have emissions produced by electronic smoking devices in such vapor establishmen…
16 Del. C. § 2909. Smoking restrictions within vehicles.
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§ 2909. Smoking restrictions within vehicles. (a) A person is prohibited from smoking in a vehicle, whether it is in motion or at rest, if a person under 16 years of age is in the vehicle, regardless of whether the vehicle’s windows are open. This subsection does not apply to a p…
16 Del. C. § 3001. Osteoporosis prevention and education.
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§ 3001. Osteoporosis prevention and education. The Secretary of Health and Social Services shall establish, promote, and maintain an osteoporosis prevention and education initiative in order to raise public awareness of the causes and nature of osteoporosis, personal risk factors…
16 Del. C. § 3001B. Short title.
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§ 3001B. Short title. This chapter is known and may be cited as the “Delaware Prescription Drug Payment Assistance Program.”72 Del. Laws, 1st Sp. Sess., c. 259,, § 1; repealed by 81 Del. Laws, c. 58, § 40, eff. July 3, 2017; reenacted by 81 Del. Laws, c. 328, § 1;
16 Del. C. § 3001C. Findings and purpose.
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§ 3001C. Findings and purpose. The General Assembly of the State has found that each year more than 350,000 Americans experience out-of-hospital sudden cardiac arrest. More than 95% of them die. In many cases, people die because life-saving defibrillators arrive on the scene too …
16 Del. C. § 3001D. Purpose.
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§ 3001D. Purpose. The purpose of this chapter it to provide for the regulation of tanning facilities throughout this State in order to better provide for the health and welfare of its citizens.77 Del. Laws, c. 195, § 1;
16 Del. C. § 3001G. Administration of naloxone by public safety personnel and the Community-Based Naloxone Access Program [Repealed].
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§ 3001G. Administration of naloxone by public safety personnel and the Community-Based Naloxone Access Program [Repealed].79 Del. Laws, c. 384, § 1; 81 Del. Laws, c. 83, § 1; 81 Del. Laws, c. 265, § 1; 83 Del. Laws, c. 25, § 1; repealed by 83 Del. Laws, c. 531, § 1, effective Nov…
16 Del. C. § 3001H. Definitions.
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§ 3001H. Definitions. For purposes of this chapter: (1) “Customer” means an individual who is lawfully on the premises of a retail establishment. (2) “Eligible medical condition” means Crohn’s disease or ulcerative colitis, celiac disease, any other inflammatory bowel disease, ir…
16 Del. C. § 3001I. Provision of information relating to mammography reports.
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§ 3001I. Provision of information relating to mammography reports. (a) On completion of a mammogram, a mammography facility certified by the United States Food and Drug Administration shall provide to each patient a notice containing the results of the mammogram, including inform…
16 Del. C. § 3001J. Definitions.
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§ 3001J. Definitions. As used in this chapter: (1) “Aftercare” means assistance provided by a lay caregiver to a patient in a residence after the patient’s discharge from a hospital that does not require the lay caregiver to be a health-care professional. (2) “Discharge” means a …
16 Del. C. § 3001K. Definitions.
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§ 3001K. Definitions. As used in this chapter: (1) “Department” means the Department of Natural Resources and Environmental Control. (2) “Public lands” includes federal, state, county, municipal, or other government-owned lands. (3) “Secretary” means the Secretary of the Departme…
16 Del. C. § 3001L. Short title.
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§ 3001L. Short title. This chapter shall be known and may be cited as the “Concussion Protection in Youth Athletic Activities Act.”80 Del. Laws, c. 409, § 1;
16 Del. C. § 3001M. Purpose.
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§ 3001M. Purpose. The purpose of this chapter is to reduce risks to public health and welfare by banning the use of lead paints on outdoor structures in Delaware. 81 Del. Laws, c. 396, § 1;
16 Del. C. § 3001N. Provision of information relating to Lyme disease.
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§ 3001N. Provision of information relating to Lyme disease. (a) A health-care provider who draws the blood of a patient to perform a laboratory test for Lyme disease shall provide the patient with the following written notice, or a substantially similar notice, at the time the pa…
16 Del. C. § 3001O. Definitions.
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§ 3001O. Definitions. For purposes of this chapter: (1) “Contraceptives” means contraceptive medications approved by the Food and Drug Administration. (2) “Health-care practitioner” means an individual licensed and authorized to write medical orders for an individual under Title …
16 Del. C. § 3001P. Definitions.
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§ 3001P. Definitions. For purposes of this chapter: (1) “Diaper-changing station” shall mean at least 1 safe, sanitary, convenient, and publicly accessible baby diaper-changing station inside a restroom. (2) “Public accommodation” shall mean any public building or a portion of a …
16 Del. C. § 3001Q. Definitions.
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§ 3001Q. Definitions. For purposes of this chapter: (1) “ASTM D6400 standard specification” means the standard specification for labeling of plastics designed to be aerobically composted in municipal or industrial facilities set by the American Society for Testing and Materials. …
16 Del. C. § 3001R. Purpose.
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§ 3001R. Purpose. This chapter directs the Division of Public Health to make available online to the public the levels of PFAS, also known as “forever chemicals,” in public drinking water systems in this State. This chapter also requires water utility companies in this State to n…
16 Del. C. § 3002. RSDS education.
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§ 3002. RSDS education. The Secretary of Health and Social Services shall establish, promote and maintain a Reflex Sympathetic Dystrophy Syndrome (RSDS), also known as Complex Regional Pain Syndrome, education initiative in order to raise public awareness of, and to educate consu…
16 Del. C. § 3002B. Purpose.
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§ 3002B. Purpose. The purpose of this chapter is to provide payment assistance for prescription drugs and certain Medicare Part D costs to Delaware’s low-income senior and disabled citizens who are ineligible for, or do not have, prescription drug benefits or coverage through fed…
16 Del. C. § 3002C. Definitions.
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§ 3002C. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them herein, except where the context clearly indicates a different meaning: (1) “Automated external defibrillator,” (AED) shall mean a medical device whic…
16 Del. C. § 3002D. Definitions.
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§ 3002D. Definitions. As used in this chapter: (1) “Customer” means any member of the public who is provided access to a tanning facility in exchange for a fee or other compensation or any individual who, in exchange for a fee or other compensation, is afforded use of a tanning f…
16 Del. C. § 3002G. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23].
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§ 3002G. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23]. For purposes of this chapter: (1) “Health-care practitioner” means an individual licensed under Title 24 as any of the following: a. A physician. b. An advanced practice registered nurse. c. A…
16 Del. C. § 3002H. Access to restrooms.
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§ 3002H. Access to restrooms. (a) A retail establishment that has a restroom facility for its employees, not usually accessible to the public, shall allow a customer to use that facility during normal business hours if the following conditions are met: (1) The customer requesting…
16 Del. C. § 3002I. Provision of mammograms or referrals for self-referred patients.
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§ 3002I. Provision of mammograms or referrals for self-referred patients. A mammography facility must either provide a mammogram to a patient who requests a mammogram without a referral from a physician or provide written notice to the patient that the facility does not perform m…