Title 16, Health and Safety

§ 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…

§ 2517A. Penalties; class G felony; class A misdemeanor [For application of this section, see 85 Del. Laws, c. 485, § 5]. (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 he…

§ 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. …

§ 2518A. Capacity [For application of this section, see 85 Del. Laws, c. 485, § 5]. (a) An adult individual is presumed to have capacity to make a health-care decision and to execute, modify, or void a POLST form. (b) (1) The presumption under subsection (a) of this section may b…

§ 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…

§ 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…

§ 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 …

§ 2520A. Effect of copy [For application of this section, see 85 Del. Laws, c. 485, § 5]. A copy of a POLST form or revocation of a POLST form has the same effect as the original.80 Del. Laws, c. 18, § 1; 85 Del. Laws, c. 485, § 1;

§ 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…

§ 2521A. Delaware POLST Steering Committee [For application of this section, see 85 Del. Laws, c. 485, § 5]. (a) The Delaware POLST Steering Committee (Committee) is established to support the implementation of the POLST program and make recommendations regarding the implementati…

§ 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 …

§ 2522A. Savings and transitional provisions [For application of this section, see 85 Del. Laws, c. 485, § 5]. (a) For purposes of this section, “Delaware Medical Orders for Scope of Treatment” or “DMOST form” means a DMOST form created under this chapter before the names changed…

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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;

§ 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…

§ 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;

§ 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…

§ 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.;

§ 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 …

§ 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.;

§ 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…

§ 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.;

§ 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…

§ 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.;

§ 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…

§ 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.;

§ 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 …

§ 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.;

§ 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…

§ 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.;

§ 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…

§ 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…

§ 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…

§ 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 …

§ 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…

§ 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, …

§ 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…

§ 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…

§ 2616. Regulatory authority. The Department may adopt regulations to administer, implement, and enforce this chapter.84 Del. Laws, c. 102, § 3;

§ 2701. Registration of approved institutions and persons. Any nonprofit hospital, accredited university or research institution and teachers, students, research workers and technicians in this State conducting anatomical studies accredited by a nationally recognized accrediting …

§ 2702. Duties of public officers. Every public officer of this State or of any agency, county or political subdivision thereof, who shall have or receive custody or control of the body of any decedent, other than a dead body on which an autopsy has been performed pursuant to § 4…

§ 2703. Designation of recipient approved institution. (a) The Medical Council shall promptly, upon receipt of notice of the existence, location and identification of a dead body pursuant to § 2702 of this title, designate 1 of the approved institutions to receive such body for u…