Title 16, Health and Safety

§ 2710. Definitions. As used in this subchapter: (1) “Adult” means an individual who is at least 18 years of age. (2) “Advance health-care directive” means a directive under § 2507 or § 2508 of this title. (3) “Agent” means an individual authorized to make health-care decisions o…

§ 2711. Persons who may execute an anatomical gift. (a) Any individual of sound mind and 18 years of age or more or an agent of such an individual, or an individual not of such age who has parental consent may give all or any part of the individual’s body for any purposes specifi…

§ 2712. Persons who may become donees, and purposes for which anatomical gifts may be made. (a) An anatomical gift may be made to any of the following persons named in the document of gift: (1) If for research or education, then to a hospital; accredited medical school, dental sc…

§ 2713. Manner of executing anatomical gifts. (a) A gift of all or part of the body under § 2711(a) of this title may be made by will. The gift becomes effective upon the death of the testator without waiting for probate. If the will is not probated, or if it is declared invalid …

§ 2714. Delivery of document of gift. If the gift is made by the donor to a specified donee, the will, card or other document of gift, or an executed copy thereof, may be delivered to the donee to expedite the appropriate procedures immediately after death, but delivery is not ne…

§ 2715. Amendment or revocation of the gift. (a) If the will, card or other document or executed copy thereof has been delivered to a specified donee, the donor may amend or revoke the gift by: (1) The execution and delivery to the donee of a signed statement; (2) An oral stateme…

§ 2716. Rights and duties at death. (a) The donee may accept or reject the gift. If the donee accepts a gift of the entire body, the donee may, subject to the terms of the gift, authorize embalming and the use of the body in funeral services. If the gift is of a part of the body,…

§ 2717. Uniformity of interpretation. This subchapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.24 Del. C. 1953, § 1787; 57 Del. Laws, c. 445, § 2; 65 Del. Laws, c. 487, § 3; 80 Del. Laws, c. 182, § 1;

§ 2718. Short title. This subchapter may be cited as the “Uniform Anatomical Gift Act.”24 Del. C. 1953, § 1788; 57 Del. Laws, c. 445, § 2; 65 Del. Laws, c. 487, § 3; 80 Del. Laws, c. 182, § 1;

§ 2719. Forms [Repealed].24 Del. C. 1953, § 1789; 57 Del. Laws, c. 445, § 2; 64 Del. Laws, c. 16, § 4; 65 Del. Laws, c. 487, § 3; repealed by 80 Del. Laws, c. 182, § 1, effective Oct. 3, 2015.;

§ 2721. Requests for anatomical gifts. (a) (1) At or near the time of death of any patient in a hospital, the attending physician or hospital designee shall make contact with the OPO in order to determine the suitability for organ, tissue and eye donation for any purpose specifie…

§ 2722. Confidentiality requirement. (a) General rule. — Except as provided in subsection (b) of this section, no procurement organization may divulge any individually identifiable information acquired in the course of performing its responsibilities under this chapter except for…

§ 2723. Donate Life Delaware Registry. (a) The database maintained by the Department of Transportation to record donor designations shall be known as the “Donate Life Delaware Registry.” The Registry shall include only affirmative donation decisions. Registration by a donor in th…

§ 2724. Organ donation designation on driver’s license or identification card. Beginning as soon as practicable but no later than July 1, 1998, the Delaware Division of Motor Vehicles shall modify the driver’s license and identification card application process and renewal system…

§ 2725. Collaboration between departments and organ procurement organizations. (a) The Department of Transportation, in consultation with the OPO, shall establish an annual education program for employees of the Department of Transportation. The program shall focus on: (1) Benefi…

§ 2726. Liability. A person who acts in good faith in accord with the terms of this subchapter is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for that act.65 Del. Laws, c. 487, § 4; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 45…

§ 2727. Facilitation of anatomical gift from decedent whose death is under investigation. (a) The OPO shall in all cases collaborate with the medical examiner to ensure the preservation of forensic evidence and collection of photographs and specimens. A medical examiner shall, up…

§ 2728. Organ and Tissue Donor Awareness Trust Fund contributions. The Delaware Department of Finance shall provide a space on the face of the state individual income tax return for the 1998 tax year and each year thereafter whereby an individual may voluntarily designate a contr…

§ 2729. Organ and Tissue Donation Awareness Trust Fund. (a) There is hereby created a special fund in the State Treasury to be known as the Organ and Tissue Donor Awareness Trust Fund. (b) Moneys deposited into the Fund and interest which accrues from those funds are hereby appro…

§ 2730. Organ and Tissue Donor Awareness Board. (a) There is hereby established an Organ and Tissue Donor Awareness Board comprised of 9 members to be appointed by the Governor. The members of the Board shall include a representative of the federally certified organ procurement o…

§ 2731. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7001 et seq.) but does not modify, limit or supersede § 101(c…

§ 2741. Legislative intent. The General Assembly finds that: (1) A mental or physical disability does not diminish a person’s right to health care; (2) The “Americans with Disabilities Act of 1990” [42 U.S.C. § 12101 et seq.] prohibits discrimination against persons with disabili…

§ 2742. Definitions. For purposes of this subchapter: (1) “Anatomical gift” means a donation of all or part of a human body to take effect after the donor’s death for the purpose of transplantation or transfusion. (2) “Auxiliary aids and services” includes any or all of the follo…

§ 2743. Discrimination prohibited. (a) A covered entity shall not, solely on the basis of a qualified individual’s mental or physical disability: (1) Deem an individual ineligible to receive an anatomical gift or organ transplant; (2) Deny medical and related services related to …

§ 2744. Remedies. (a) Any person subjected to discrimination in violation of this subchapter or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of this subchapter may bring an action in the Court of Chancery for in…

§ 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…

§ 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 …

§ 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 …

§ 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…

§ 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…

§ 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…

§ 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…

§ 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)…

§ 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…

§ 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…

§ 3000F. Definitions [Effective Jan. 1, 2027]. For purposes of this subchapter: (1) “Animal rescue organization” means an animal welfare society or other nonprofit organization that accepts custody of animals for the purpose of finding permanent adoptive homes for the animals and…

§ 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…

§ 3001A. Definitions. As used in this subchapter: (1) “Certified nursing assistant” means a duly-certified individual under the supervision of a licensed nurse, who provides care that does not require the judgment and skills of a licensed nurse. The care may include, but is not l…

§ 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;

§ 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 …

§ 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;

§ 3001E. Definitions. For purposes of this subchapter: (1) “Emergency medication” means a medication necessary for response to a life-threatening allergic reaction. (2) “Licensed health-care provider” means anyone lawfully authorized to prescribe medications and treatments. (3) “…

§ 3001F. Definitions [Effective until Jan. 1, 2027]. For purposes of this subchapter: (1) “Animal shelter” means a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals…

§ 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…

§ 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…

§ 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…