Title 16, Health and Safety

§ 1209A. Minors. This chapter shall apply in the same manner and to the same extent to any emergency medical care provider who is a minor and above the age of 15, as if such minor were 21 years or older.69 Del. Laws, c. 108, § 8;

§ 1210. Definitions. As used in this subchapter: (1) “Expunge” or “expunged” means to permanently destroy, delete or make nonidentifiable. (2) “Informed consent” means a written authorization for the disclosure of protected health information on a form substantially similar to on…

§ 1211. Use of protected health information. (a) Protected health information collected by the Department of Health and Social Services or its agencies, the Maternal and Child Death Review Commission, the Child Protection Accountability Commission, and the Drug Overdose Fatality …

§ 1212. Disclosure of protected health information. (a) General privacy protection. — Protected health information is not public information as defined at § 10002 of Title 29 and may not be disclosed without the informed consent of the individual (or the individual’s lawful repre…

§ 1213. Regulations. The Department of Health and Social Services shall enforce this subchapter and shall from time to time promulgate any additional forms and regulations that are necessary for this purpose.76 Del. Laws, c. 292, § 4; 78 Del. Laws, c. 277, § 3;

§ 1220. Definitions. As used in this subchapter: (1) “Health-care practitioner” means as defined in § 701 of this title. (2) “Health-care professional” means as defined in § 701 of this title. (3) “Informed consent” means the signing of a consent form by the patient or a person a…

§ 1221. Pelvic, rectal, or prostate examinations. (a) A health-care practitioner or a health-care professional may not knowingly perform or supervise the performance of a pelvic, rectal, or prostate examination on a patient who is anesthetized or unconscious unless one of the fol…

§ 1301. Pollution of streams supplying drinking water; nuisance; penalty; abatement; jurisdiction. (a) No person shall cast, put, place, discharge in or permit or suffer to be cast, put, placed, discharged in or to escape into any running stream of water within the limits of this…

§ 1302. Maintenance of privy, hogpen or slaughterhouse near stream supplying drinking water; nuisance; abatement; penalty; jurisdiction. (a) No person shall put or place, or permit to be put, placed or used, any privy, hogpen or slaughterhouse over or so near that the excrement o…

§ 1401. Definitions. As used in this chapter: (1) “Authority” means a body politic and corporate created pursuant to this chapter or, if such body politic and corporate shall be abolished, the board, body or commission succeeding to the principal functions thereof or to which the…

§ 1402. General referendum; creation of authority; certificate and recording; certification of information to Secretary of State. (a) (1) After a favorable majority referendum vote at a special election in the municipality or in each of the municipalities creating an authority, w…

§ 1403. Amendment of articles of incorporation. Every authority of this State may, from time to time and in the manner hereinafter provided, amend its articles of incorporation and thereby accomplish any 1 or more of the following: The adoption of a new name, changes in, addition…

§ 1404. Withdrawal or joinder of municipalities; procedure. (a) Whenever an authority has been incorporated by 2 or more municipalities, any 1 or more of such municipalities may withdraw therefrom and any municipality not having joined in the original incorporation may join in th…

§ 1405. Exercise of powers by governing body; composition; quorum; personnel; salaries; records. (a) The powers of each authority shall be exercised by a governing body (herein called the “board”) composed as follows: (1) If the authority is incorporated by 1 municipality, the bo…

§ 1406. Character of authorities with reference to public health and welfare; projects; general powers. (a) Each authority created hereunder shall be deemed to be an instrumentality exercising public and essential governmental functions to provide for the public health and welfar…

§ 1407. Limits of powers. None of the powers granted by this chapter shall be exercised in the construction, improvement, maintenance, extension or operation of any project or projects which in whole or in part shall duplicate or compete with existing utilities, public or private…

§ 1408. Issuance of revenue bonds — Interest; maturity; use of proceeds; interim receipts or temporary bonds. (a) (1) Each authority created under this chapter may provide by resolution of its board, at 1 time or from time to time, for the issuance of revenue bonds of the authori…

§ 1409. Issuance of revenue bonds — Faith and credit of State or political subdivisions as unaffected. Revenue bonds issued under this chapter shall not be deemed to constitute a pledge of the faith and credit of the State or of any political subdivision thereof. All such bonds s…

§ 1410. Exemption of projects from taxes. No authority shall be required to pay any taxes or assessments upon any project acquired, constructed or operated by it under this chapter or upon the income therefrom, and the bonds issued under this chapter, their transfer and the incom…

§ 1411. Fixed charges in connection with projects; regulation of sewage; water meter readings. (a) The rates, fees and charges of each authority in connection with each project shall be so fixed and revised as to provide funds, with other funds available for such purposes, suffic…

§ 1412. Trust agreements to secure bonds; pledges and assignments; contents of authorizing resolutions; depositaries for bond sales proceeds. (a) In the discretion of the authority, any revenue bonds issued under this chapter may be secured by a trust agreement by and between the…

§ 1413. Connection with sewerage system by abutting property owners; conditions. Upon the acquisition or construction of any sewerage system under this chapter, the owner of each lot or parcel of land which abuts upon a street or other public way containing a sanitary sewer which…

§ 1414. Provisions permitted for inclusion in resolutions or trust agreements providing for bonds. (a) Any resolution or trust agreement providing for the issuance of revenue bonds under this chapter may include any or all of the following provisions and may require the authority…

§ 1415. Moneys received as trust funds; fiscal agents to act as trustees. All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this …

§ 1416. Rights of bondholders and trustees. Any holder of revenue bonds issued by an authority under this chapter or any of the coupons appertaining thereto and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by the resolution…

§ 1417. Revenue refunding bonds; single issues of revenue bonds; applicability thereto of other provisions of this chapter. Each authority created hereunder may provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any rev…

§ 1418. Accreditation of bonds for investment purposes. Bonds issued under this chapter are made securities in which all public officers and public agencies of the State and its political subdivisions, and all bonds, trust companies, savings and loan associations, investment comp…

§ 1419. Transfer of interest by municipalities; use of certain lands; powers of municipalities. (a) Notwithstanding any contrary provision of law, any municipality may transfer jurisdiction over, lease, lend, grant, sell or convey to any authority upon the request of such authori…

§ 1420. Transfer of projects to municipalities; conditions; termination of authorities. When any authority shall have paid or provided for the payment of the principal of and the interest on all bonds secured by a pledge of any of the revenues of a project, it may (subject to any…

§ 1420A. Incorporation of project within other governmental system; assumption of debt. No project acquired or constructed by an authority pursuant to this chapter may be incorporated within any other governmental system except upon the assumption without surcharge to the authori…

§ 1421. Scope and construction of chapter. This chapter shall constitute full and complete authority, without regard to any other law for the doing of the acts and things herein authorized, and shall be liberally construed to effect the purposes hereof; provided, however, that no…

§ 1501. Regulating construction of drainage systems and water supply systems. (a) The Department of Health and Social Services may regulate and prescribe the manner in which all cesspools, privy wells and other drainage systems shall be constructed within the limits of all incorp…

§ 1502. Changing existing drainage systems. The Department of Health and Social Services may order and direct any changes in the construction of any cesspool or privy well or other drainage already constructed and used on any property in any incorporated town or within 1 mile of …

§ 1503. Construction changes in drainage systems. The Department of Health and Social Services may order and direct that the owner of any property on which there is a cesspool or privy well and all other drainage already in use in any incorporated town or within 1 mile from the w…

§ 1504. Prohibiting surface drainage. The Department of Health and Social Services may prohibit the owner or tenant of any property within any incorporated town or within 1 mile from the water supply thereof from discharging any sewerage or drainage from any house or building on …

§ 1505. Cleaning of cesspools and privy wells. The Department of Health and Social Services may order and direct the owner or tenant of any property within any incorporated town or within 1 mile from the water supply thereof on which there is a cesspool or privy well to clean the…

§ 1506. Plans for construction or alteration of a water supply system. All plans for the construction or alteration of a water supply system shall be submitted to the Division of Public Health of the Department of Health and Social Services for approval before the construction or…

§ 1507. Penalties; jurisdiction. (a) Whoever violates this chapter or any order or regulation of the Department of Health and Social Services or any laws of this State conferring powers upon boards of health or refuses or omits to obey such order and regulation within the time pr…

§ 1601. Short title. This chapter shall be known and may be cited as the “Delaware Litter Control Law.”60 Del. Laws, c. 613, § 1;

§ 1602. Declaration of intent. It is the intention of this chapter to end littering on public or private property, including bodies of water, as a threat to the health and safety of the citizens, fish, birds, and other animals of this State. It is also the intent of the General A…

§ 1603. Definitions. As used in this chapter: (1) “Balloon” means a bag made from rubber, latex, polychloroprene, nylon, mylar, or other material which is or can be filled with air, water, or a gas, including helium, hydrogen, nitrous oxide, or oxygen. (2) “Dumping” means the dep…

§ 1604. Unlawful activities. (a) Littering. — It is unlawful for a person to deposit, throw, release, or leave, or cause or permit the depositing, placing, throwing, or leaving of litter on public or private property of this State, unless either of the following 2 conditions is m…

§ 1605. Penalties; jurisdiction; voluntary assessment form [For application of this section, see 83 Del. Laws, c. 283, § 50]. (a) (1) A person found guilty of littering under § 1604(a) of this title must be punished by a fine of not less than $50 and up to 8 hours of community se…

§ 1606. Prima facie evidence. (a) (1) The throwing, depositing, dropping, releasing, or dumping of litter from a motor vehicle, boat, airplane, or other conveyance in violation of this chapter is prima facie evidence that the operator of the conveyance violated chapter. (2) If, u…

§ 1607. Receptacles to be provided. (a) A public authority or agency having supervision of a property of this State shall do all of the following: (1) Establish and maintain receptacles for the deposit of litter at appropriate locations if a property is frequented by the public. …

§ 1608. Enforcement. All law-enforcement agencies of the State, including enforcement personnel of the Department of Natural Resources and Environmental Control, shall enforce this chapter.61 Del. Laws, c. 241, § 1; 82 Del. Laws, c. 167, § 7;