Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 905B. State response to notifications of infants with prenatal substance exposure.
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§ 905B. State response to notifications of infants with prenatal substance exposure. (a) In implementing the Division’s role in protecting the safety and well-being of infants with prenatal substance exposure, upon receipt of a notification under § 903B of this title, the Divisio…
16 Del. C. § 906B. Data and reports.
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§ 906B. Data and reports. (a) The Division shall document all of the following information in its internal information system for all notifications of infants with prenatal substance exposure under this chapter: (1) The number of infants identified as being affected by substance …
16 Del. C. § 1001A. Short title.
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§ 1001A. Short title. This chapter may be cited as the “Healthcare Associated Infections Disclosure Act.”76 Del. Laws, c. 122, § 1; 78 Del. Laws, c. 351, § 1; 85 Del. Laws, c. 168, § 1;
16 Del. C. § 1001B. Purpose.
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§ 1001B. Purpose. The Vulnerable Adult Populations Commission is established to improve the response to and reduce the incidents of vulnerable adult abuse, neglect, and exploitation in this State.84 Del. Laws, c. 409, § 1;
16 Del. C. § 1002A. Definitions.
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§ 1002A. Definitions. For purposes of this chapter: (1) “Advisory Committee” means the Committee established under this chapter. (2) “Behavioral health facility” means a facility that is primarily engaged in providing, by or under the supervision of a doctor of medicine or osteop…
16 Del. C. § 1002B. Definitions.
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§ 1002B. Definitions. As used in this chapter: (1) “Abuse” means as defined in § 3902 of Title 31. (2) “Commission” means the Vulnerable Adult Populations Commission. (3) “Exploitation” means as defined in § 3902 of Title 31. (4) “Neglect” means as defined in § 3902 of Title 31. …
16 Del. C. § 1003A. Reporting of infections by physicians.
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§ 1003A. Reporting of infections by physicians. In accordance with this chapter, a physician who diagnoses and treats a healthcare associated infection related to a clinical procedure, such as a surgical procedure or device insertion, or a licensed practitioner who is permitted b…
16 Del. C. § 1003B. Appointment; composition; qualifications; term of office; removal; compensation.
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§ 1003B. Appointment; composition; qualifications; term of office; removal; compensation. (a) The Commission consists of 19 members, as follows: (1) Ten members serving by virtue of position, or a designee selected by the member, as follows; a. The Secretary of the Department of …
16 Del. C. § 1004A. Hospital reports.
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§ 1004A. Hospital reports. (a) Individual hospitals shall collect data on healthcare associated infection rates related to specific clinical procedures as determined by the Advisory Committee and set forth in regulations promulgated by the Department. Examples may include the fol…
16 Del. C. § 1004B. Meetings; quorum; officers; committees; procedure.
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§ 1004B. Meetings; quorum; officers; committees; procedure. (a) The Commission shall meet at least 4 times per year. (b) The number of members who must be present at a commission meeting to have a quorum and conduct official business is the majority of the appointed members. (c) …
16 Del. C. § 1005A. Department reports.
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§ 1005A. Department reports. (a) The Department shall annually submit to the legislature a report summarizing the hospital quarterly reports and shall publish the annual report on its website. The Department shall update the public information on a quarterly basis. (b) All report…
16 Del. C. § 1005B. Powers; duties.
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§ 1005B. Powers; duties. The Commission shall do all of the following: (1) Continuously study all of the following, as they relate to vulnerable adult abuse, neglect, and exploitation: a. Delaware court services and procedures. b. Delaware law-enforcement procedures and protocol.…
16 Del. C. § 1006A. Correctional facility reports.
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§ 1006A. Correctional facility reports. (a) Correctional facilities shall collect data on healthcare associated infections related to specific clinical procedures resulting from care in the correctional facility, as determined by the Advisory Committee and as set forth in regulat…
16 Del. C. § 1006B. Immunity.
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§ 1006B. Immunity. (a) A commission member, including a designee, who serves under this chapter must do so in good faith and with reasonable care. Unless it is established that the member caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross n…
16 Del. C. § 1007A. Reports by other healthcare facilities.
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§ 1007A. Reports by other healthcare facilities. Only with the concurrence of the Advisory Committee, and not until such time that the Centers for Medicaid and Medicare Services or the Centers for Disease Control and Prevention issue final federal regulations requiring such, and …
16 Del. C. § 1008A. Advisory Committee.
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§ 1008A. Advisory Committee. (a) The Secretary of the Department shall appoint an Advisory Committee, which shall include: (1) One infection prevention professional who has responsibility for infection prevention programs for each hospital or healthcare system in Delaware. (2) Th…
16 Del. C. § 1009A. Privacy.
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§ 1009A. Privacy. It is the express intent of the legislature that a patient’s right of confidentiality shall not be violated in any manner. Patient Social Security numbers and any other information that could be used to identify an individual patient shall not be released notwit…
16 Del. C. § 1010A. Penalties.
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§ 1010A. Penalties. A determination that a health-care facility has violated the provisions of this chapter may result in any of the following: (1) Termination of licensure or other sanctions relating to licensure under Chapter 10 of this title; or (2) A civil penalty of up to $5…
16 Del. C. § 1011A. Regulatory oversight.
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§ 1011A. Regulatory oversight. The Department shall be responsible for ensuring compliance. When the Department licenses a healthcare facility according to the provisions of this title, compliance with this chapter shall be a condition of licensure.76 Del. Laws, c. 122, § 1; 78 D…
16 Del. C. § 1012A. Hospital Infection Specialist.
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§ 1012A. Hospital Infection Specialist. The Department shall establish and fund a Healthcare Associated Infection Specialist position within the Division of Public Health supporting the functions of this chapter. The Healthcare Associated Infection Specialist must have knowledge …
16 Del. C. § 1013A. Privilege and confidentiality protections.
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§ 1013A. Privilege and confidentiality protections. Notwithstanding any other provision of federal, state or local law, the healthcare associated infection data provided pursuant to this chapter is privileged and, except for §§ 1003A, 1004A and 1005A of this title, shall not be: …
16 Del. C. § 1014A. Membership in National Healthcare Safety Network.
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§ 1014A. Membership in National Healthcare Safety Network. All hospitals in this State shall join the Centers of Disease Control and Prevention’s National Healthcare Safety Network or its successor. If the Network is not open for enrollment, all hospitals shall join the Network w…
16 Del. C. § 1201A. Definitions.
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§ 1201A. Definitions. As used in this chapter: (1) “Communicable disease” means human immunodeficiency virus, (HIV, the virus that causes AIDS), and hepatitis B. (2) “Division” means Division of Public Health, Department of Health and Social Services. (3) “Emergency medical care …
16 Del. C. § 1202A. Report of exposed emergency medical provider.
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§ 1202A. Report of exposed emergency medical provider. (a) An emergency medical care provider may request notification concerning exposure to a communicable disease under this section if the exposure is of a manner known to transmit a communicable disease. (b) Each employer of an…
16 Del. C. § 1203A. Notification by a receiving medical facility.
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§ 1203A. Notification by a receiving medical facility. (a) Each receiving medical facility shall designate an officer or individual who shall receive completed forms as specified by § 1202A(c) of this title, and who shall insure compliance with the requirements of this section. (…
16 Del. C. § 1204A. Universal precautions.
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§ 1204A. Universal precautions. In recognition of the importance of universal precautions to the control of communicable diseases from a patient to an emergency medical care provider, education and training with respect to universal precautions shall be a mandatory component of a…
16 Del. C. § 1205A. Rules and regulations.
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§ 1205A. Rules and regulations. (a) The Division of Public Health shall make such rules and regulations as may in its judgment be necessary to carry out the provisions of this section, and may make additions of other communicable diseases which shall be subject to this chapter. (…
16 Del. C. § 1206A. Confidentiality of HIV test results.
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§ 1206A. Confidentiality of HIV test results. A person who has knowledge of the identity of any person upon whom an HIV related test is performed, or the results of such test, in accordance with this chapter, shall maintain the confidentiality of that information pursuant to § 71…
16 Del. C. § 1207A. Confidentiality.
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§ 1207A. Confidentiality. All information contained in requests for notification and in the notification itself shall be confidential and used solely for the purposes of complying with this chapter. However, any person or agency, including but not limited to a receiving medical c…
16 Del. C. § 1208A. Failure to provide notice.
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§ 1208A. Failure to provide notice. A receiving medical care facility or officer designated pursuant to § 1202A(b) of this title, acting in good faith to provide notification in accordance with this chapter, shall not be liable in any cause of action for failure to give the requi…
16 Del. C. § 1209A. Minors.
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§ 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;
16 Del. C. § 1301. Pollution of streams supplying drinking water; nuisance; penalty; abatement; jurisdiction.
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§ 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…
16 Del. C. § 1302. Maintenance of privy, hogpen or slaughterhouse near stream supplying drinking water; nuisance; abatement; penalty; jurisdiction.
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§ 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…
16 Del. C. § 1401. Definitions.
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§ 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…
16 Del. C. § 1402. General referendum; creation of authority; certificate and recording; certification of information to Secretary of State.
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§ 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…
16 Del. C. § 1403. Amendment of articles of incorporation.
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§ 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…
16 Del. C. § 1404. Withdrawal or joinder of municipalities; procedure.
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§ 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…
16 Del. C. § 1405. Exercise of powers by governing body; composition; quorum; personnel; salaries; records.
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§ 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…
16 Del. C. § 1406. Character of authorities with reference to public health and welfare; projects; general powers.
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§ 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…
16 Del. C. § 1407. Limits of powers.
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§ 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…
16 Del. C. § 1408. Issuance of revenue bonds — Interest; maturity; use of proceeds; interim receipts or temporary bonds.
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§ 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…
16 Del. C. § 1409. Issuance of revenue bonds — Faith and credit of State or political subdivisions as unaffected.
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§ 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…
16 Del. C. § 1410. Exemption of projects from taxes.
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§ 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…
16 Del. C. § 1411. Fixed charges in connection with projects; regulation of sewage; water meter readings.
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§ 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…
16 Del. C. § 1412. Trust agreements to secure bonds; pledges and assignments; contents of authorizing resolutions; depositaries for bond sales proceeds.
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§ 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…
16 Del. C. § 1413. Connection with sewerage system by abutting property owners; conditions.
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§ 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…
16 Del. C. § 1414. Provisions permitted for inclusion in resolutions or trust agreements providing for bonds.
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§ 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…
16 Del. C. § 1415. Moneys received as trust funds; fiscal agents to act as trustees.
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§ 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 …
16 Del. C. § 1416. Rights of bondholders and trustees.
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§ 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…
16 Del. C. § 1417. Revenue refunding bonds; single issues of revenue bonds; applicability thereto of other provisions of this chapter.
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§ 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…