Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 3002J. Designation of a lay caregiver.
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§ 3002J. Designation of a lay caregiver. (a) A hospital shall provide a patient or a patient’s agent at least 1 opportunity to designate at least 1 lay caregiver under this chapter following the patient’s admission into a hospital and before the patient’s discharge to a residence…
16 Del. C. § 3002K. Tick control.
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§ 3002K. Tick control. To further the State’s interest in tick control for the prevention or reduction of tick-borne diseases, the Department may take all necessary and appropriate actions as follows: (1) Enter upon public lands for the purposes of determining the nature and exte…
16 Del. C. § 3002L. Purpose.
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§ 3002L. Purpose. The purposes of this chapter are to protect minors participating in athletic activities who manifest symptoms of concussion, increase recognition of the symptoms of concussion through training and education, and establish standards for return to play.80 Del. Law…
16 Del. C. § 3002M. Definitions.
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§ 3002M. Definitions. For purposes of this chapter, the following terms shall have the meanings defined in this section: (1) “Lead paint” means paint containing lead or lead compounds and in which the lead is in excess of 90 parts per million (ppm) by weight of the total nonvolat…
16 Del. C. § 3002O. Dispensing or dispensing and administering contraceptives by pharmacists; standing order.
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§ 3002O. Dispensing or dispensing and administering contraceptives by pharmacists; standing order. (a) The Department shall create a written standing order that allows a pharmacist to dispense contraceptives and dispense and administer injectable hormonal contraceptives under the…
16 Del. C. § 3002P. Requirements; effect.
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§ 3002P. Requirements; effect. (a) Any public building that is a place of public accommodation that installs a diaper-changing station in a restroom must ensure the accommodation is equally available or provided regardless of the gender for which the restroom is designed. (b) Thi…
16 Del. C. § 3002Q. Restrictions; beverage straws.
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§ 3002Q. Restrictions; beverage straws. (a) A food establishment may not provide a single-service plastic straw unless any of the following apply: (1) A plastic straw is requested by a consumer. (2) The plastic straw is for a patient or resident, if the food establishment is loca…
16 Del. C. § 3002R. Definitions.
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§ 3002R. Definitions. As used in this chapter: (1) “Division” means the Division of Public Health. (2) “Hazard index” means a sum of fractions in which each fraction compares the level of each PFAS measured in the water to the highest level below which there is no risk of health …
16 Del. C. § 3003B. Definitions.
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§ 3003B. Definitions. As used in this chapter: (1) “Department” means the Department of Health and Social Services. (2) “Eligible person” means an individual eligible for the Delaware Prescription Drug Payment Assistance Program under § 3004B of this title. (3) “Medicare Part D c…
16 Del. C. § 3003C. Correct use of defibrillator; training in order to ensure public health and safety.
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§ 3003C. Correct use of defibrillator; training in order to ensure public health and safety. (a) Any entity to whom AEDs are distributed shall insure that: (1) Each prospective defibrillator user receives appropriate training by the American Red Cross, the American Heart Associat…
16 Del. C. § 3003D. Restrictions on use by minors.
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§ 3003D. Restrictions on use by minors. (a) A tanning facility shall not permit a minor to use a tanning device. (b)-(d) [Repealed.]77 Del. Laws, c. 195, § 1; 79 Del. Laws, c. 365, § 1;
16 Del. C. § 3003G. Department responsibilities [Effective July 17, 2028].
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§ 3003G. Department responsibilities [Effective July 17, 2028]. (a) The Department shall implement and monitor an Opioid Antagonist Access Program that authorizes public safety personnel and members of the public to receive, carry, and administer an opioid antagonist to an indivi…
16 Del. C. § 3003H. Physical changes or improvements.
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§ 3003H. Physical changes or improvements. This chapter does not require a retail establishment to make any physical changes or improvements to an employee restroom facility located on the premises.79 Del. Laws, c. 414, § 1;
16 Del. C. § 3003J. Notice to a lay caregiver.
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§ 3003J. Notice to a lay caregiver. If a patient or a patient’s agent has designated a lay caregiver under this chapter, a hospital shall notify the lay caregiver of the patient’s discharge to a residence as soon as possible. If a hospital is unable to contact a designated lay ca…
16 Del. C. § 3003L. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23].
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§ 3003L. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23]. For purposes of this chapter: (1) “Athlete” means a person who engages in athletic activity who is less than 18 years of age. (2) “Athletic activity” means participation of an athlete in an at…
16 Del. C. § 3003M. Prohibition on use of lead paints on outdoor structures.
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§ 3003M. Prohibition on use of lead paints on outdoor structures. The use by any person of lead paints on outdoor structures, whether applied to new outdoor structures or already existing outdoor structures, shall be prohibited after the effective dates in this chapter.81 Del. La…
16 Del. C. § 3003O. Dispensing or dispensing and administering contraceptives by pharmacists; regulations.
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§ 3003O. Dispensing or dispensing and administering contraceptives by pharmacists; regulations. (a) The Department shall promulgate regulations to implement this chapter, in consultation with applicable licensing boards, including the Board of Pharmacy and the Board of Medical Li…
16 Del. C. § 3003P. Enforcement.
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§ 3003P. Enforcement. The Director of the Division of Public Health shall have exclusive enforcement authority over this section.83 Del. Laws, c. 452, § 1;
16 Del. C. § 3003Q. Restrictions; plastic single-service articles.
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§ 3003Q. Restrictions; plastic single-service articles. (a) A food establishment may not provide a consumer with any of the following single-service articles if the article is made from plastic: (1) Beverage stirrer. (2) Cocktail pick. (3) Sandwich pick. (b) This section does not…
16 Del. C. § 3003R. PFAS reporting and notification.
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§ 3003R. PFAS reporting and notification. (a) The Division shall develop and maintain a user-friendly website that the public may access to find the level of PFAS in each public drinking water system in this State. The website must meet all of the following requirements: (1) Be a…
16 Del. C. § 3004B. Eligibility.
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§ 3004B. Eligibility. To be eligible for the Program an individual must meet all of the following: (1) Be a U.S. citizen or a lawfully admitted alien. (2) Have income that is less than 200% of the Federal Poverty Level (FPL) or have prescription drug expenses that exceed 40% of t…
16 Del. C. § 3004C. Quality Review Program.
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§ 3004C. Quality Review Program. All quality management proceedings shall be confidential. Records of the State EMS Medical Director, and EMS quality care review committee relating to AED reviews and audits shall be confidential and privileged, are protected, and are not subject …
16 Del. C. § 3004D. Liability [Repealed].
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§ 3004D. Liability [Repealed].77 Del. Laws, c. 195, § 1; repealed by 79 Del. Laws, c. 365 § 1, effective Jan. 1, 2015.;
16 Del. C. § 3004G. Opioid antagonists; administration.
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§ 3004G. Opioid antagonists; administration. An individual who has completed an approved training program under § 3003G of this title may receive, carry, and administer an opioid antagonist to an individual who is believed to be experiencing an opioid overdose.83 Del. Laws, c. 53…
16 Del. C. § 3004H. Penalty.
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§ 3004H. Penalty. A violation of this chapter shall for the first offense receive a warning. Any subsequent offense shall be punished by a civil penalty of $100.79 Del. Laws, c. 414, § 1;
16 Del. C. § 3004J. Training of a lay caregiver.
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§ 3004J. Training of a lay caregiver. (a) As soon as practical, a hospital shall attempt to interface with the lay caregiver to prepare the lay caregiver to provide aftercare. (b) The hospital shall record in the patient’s electronic health record maintained by the hospital or in…
16 Del. C. § 3004L. Concussion protection.
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§ 3004L. Concussion protection. (a) An athlete who is suspected of sustaining a concussion in an athletic activity shall be immediately removed from physical participation in the athletic activity and shall not return to that athletic activity on the same day. (b) An athlete who …
16 Del. C. § 3004M. Penalties and enforcement.
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§ 3004M. Penalties and enforcement. (a) The Secretary of Department of Health and Social Services, or the Director of the Division of Public Health, or their designee shall enforce this chapter. (b) Whoever violates this chapter or any rule or regulation duly promulgated thereund…
16 Del. C. § 3004Q. Restrictions; polystyrene foam food service packaging.
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§ 3004Q. Restrictions; polystyrene foam food service packaging. (a) A food establishment may not provide ready-to-eat food to a consumer in polystyrene foam food service packaging. (b) This section does not apply to any of the following: (1) Pre-packaged food. (2) Food provided t…
16 Del. C. § 3005B. Program administration.
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§ 3005B. Program administration. (a) The Department shall administer the Program. The Department shall promulgate and adopt rules and regulations as are necessary to implement the Program in a cost-effective manner and to ensure the Program is the payer of last resort for prescri…
16 Del. C. § 3005C. Provision of limited liability protections.
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§ 3005C. Provision of limited liability protections. (a) Any person or entity, who in good faith and without compensation, renders emergency care or treatment by the use of an AED shall be immune from civil liability for any personal injury as a result of such care or treatment, …
16 Del. C. § 3005D. Duty.
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§ 3005D. Duty. It shall be the duty of the tanning facility owner to ensure that each customer utilizing the tanning facility is of legal age to do so. The tanning facility owner shall be held responsible for the use of the tanning facility by any minor pursuant to § 3003D of thi…
16 Del. C. § 3005G. Immunity.
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§ 3005G. Immunity. (a) Notwithstanding any other provision of law, the purchase, acquisition, possession, or use of an opioid antagonist under this chapter does not constitute the unlawful practice of a profession or violation of the Uniform Controlled Substances Act, Chapter 47 …
16 Del. C. § 3005H. Enforcement.
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§ 3005H. Enforcement. The Division of Public Health shall enforce the provisions of this chapter. Any civil penalties collected under this chapter shall be directed to the Division of Public Health for enforcement and education related to this chapter.79 Del. Laws, c. 414, § 1;
16 Del. C. § 3005J. Limitations.
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§ 3005J. Limitations. Nothing in this chapter shall be construed to do any of the following: (1) Interfere with the rights of a patient’s agent operating under a valid advance health-care directive under Chapter 25 of this title. (2) Interfere with a valid Delaware Medical Orders…
16 Del. C. § 3005L. Materials development and distribution.
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§ 3005L. Materials development and distribution. (a) Before an athlete may participate in an athletic activity, the organizing entity shall provide a concussion information sheet published by the Council to the athlete and the parent or guardian of the athlete. The athlete and th…
16 Del. C. § 3005M. Effective date.
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§ 3005M. Effective date. The prohibition in this chapter for any new use or application of lead-based paints, pigments, and coatings shall become effective January 1, 2020. The prohibition in this chapter for any use or application of lead-based paints, pigments, and coatings tha…
16 Del. C. § 3005Q. Penalties
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§ 3005Q. Penalties (a) Beginning July 1, 2026, a violation of § 3002Q, § 3003Q, or § 3004Q of this title or any rule or regulation promulgated thereunder shall be deemed a core item violation of the Delaware Food Code and subject to administrative penalty thereunder and under § 1…
16 Del. C. § 3006B. Annual report.
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§ 3006B. Annual report. The Department shall maintain data to evaluate the cost and effectiveness of the Program and shall produce an annual report summarizing participant demographics, utilization, utilization review results, and other available information as may be needed to e…
16 Del. C. § 3006D. Warning signs and statements.
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§ 3006D. Warning signs and statements. (a) Each tanning facility shall post at least 1 warning sign in a place readily visible to persons entering the facility. Lettering must be clear, legible, and at least 1/4 inch in height, unless otherwise provided herein. The sign shall hav…
16 Del. C. § 3006G. Limitations.
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§ 3006G. Limitations. Nothing in this chapter mandates that an agency require its public safety personnel to carry or administer an opioid antagonist.83 Del. Laws, c. 531, § 1;
16 Del. C. § 3006H. Identification cards.
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§ 3006H. Identification cards. The Division of Public Health shall develop a standard identification card that may be signed by a licensed physician as evidence of the existence of an eligible medical condition as defined in § 3001H of this title. The Division of Public Health ma…
16 Del. C. § 3006J. Regulatory authority; enforcement.
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§ 3006J. Regulatory authority; enforcement. (a) The Department of Health and Social Services may promulgate regulations to implement and enforce this chapter. (b) The Department of Health and Social Services may enforce the provisions of this chapter and any regulations promulgat…
16 Del. C. § 3006L. Coach and official training.
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§ 3006L. Coach and official training. (a) Each on-site official and coach responsible for selection of participants for an athletic activity shall complete initial and periodic concussion training consistent with a schedule and content standards published by the Council. The sche…
16 Del. C. § 3006Q. Regulations.
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§ 3006Q. Regulations. The Secretary may adopt rules, regulations, and procedures necessary to implement this chapter.84 Del. Laws, c. 177, § 2;
16 Del. C. § 3007B. Pharmacist duty.
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§ 3007B. Pharmacist duty. A pharmacist may not dispense or provide a covered prescription drug to an eligible person under this chapter until the eligible person makes the required copayment.72 Del. Laws, 1st Sp. Sess., c. 259,, § 1; repealed by 81 Del. Laws, c. 58, § 40, eff. Ju…
16 Del. C. § 3007D. Penalties.
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§ 3007D. Penalties. Notwithstanding any other provision of Delaware law, an owner who violates this chapter shall be guilty of a violation and shall be fined $250 for the first offense, $500 for the second offense and $1,000 for the third and all subsequent offenses.77 Del. Laws,…
16 Del. C. § 3007J. Affidavit of merit.
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§ 3007J. Affidavit of merit. Any health-care negligence action, including one pertaining to training under § 3004J of this title, brought by an individual or the legal representative of an individual against a hospital, hospital employee, an individual with whom a hospital has a …
16 Del. C. § 3007L. Regulations.
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§ 3007L. Regulations. The Division, in consultation with the Council and other stakeholders, may promulgate regulations to implement the provisions of this chapter.80 Del. Laws, c. 409, § 1; 84 Del. Laws, c. 217, § 1;
16 Del. C. § 3008D. Promulgation.
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§ 3008D. Promulgation. The Department shall promulgate any necessary rules and regulations to implement this chapter.77 Del. Laws, c. 195, § 1;