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Delaware Statutes, Title 16

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Delaware/Statutes

← All Delaware coverage

Title 16, Health and Safety

148 chapters · 1,804 sections in this title.

All chapters in Title 161,804 Ch 47, UNIFORM CONTROLLED SUBSTANCES ACT89 Ch 11, Long-Term Care Facilities and Services79 Ch 30f, ANIMAL WELFARE65 Ch 1, DEPARTMENT OF HEALTH AND SOCIAL SERVICES63 Ch 51, THE DEPARTMENT OF HEALTH AND SOCIAL …57 Ch 66, FIRE PREVENTION46 Ch 31, REGISTRATION OF BIRTHS, DEATHS, MARR…41 Ch 56, Behavioral Health [For application o…36 Ch 79, Basic Plumbing Principles35 Ch 9, ABUSE OF CHILDREN32 Ch 27, ANATOMICAL GIFTS AND STUDIES32 Ch 25, Uniform Health-Care Decisions Act30 Ch 99, DELAWARE HEALTH CARE COMMISSION30 Ch 10, HOSPITALS28

1,804 sections·Filtered byTitle 16✕

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 Liability [Repealed].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 Liability [Repealed].77 Del. Laws, c. 195, § 1; repealed by 79 Del.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. § 3004E. Responsibilities of the school.
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§ 3004E. Responsibilities of the school. (a) The school nurse, in consultation with the school administration, shall identify and train a sufficient number of eligible persons willing or required by position to become trained persons to administer emergency medication. (b) The sc…
16 Del. C. § 3004F. Euthanasia in animal shelters [Effective until Jan. 1, 2027].
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§ 3004F. Euthanasia in animal shelters [Effective until Jan. 1, 2027]. (a) Any dog, cat or other animal held by or in the custody of an animal shelter and not adopted, transferred to another shelter or animal rescue group, placed into a free-roaming cat program, or reclaimed by t…

Showing 701–750 of 1,804

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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. § 3004T. Request for proposals; process to enlist volunteers for program [For application and expiration of this chapter upon fulfillment of contingency, see 85 Del. Laws, c. 453, §§ 2, 4].

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§ § 3004T. Request for proposals; process to enlist volunteers for program [For application and expiration of this chapter upon fulfillment of contingency, see 85 Del. Laws, c. 453, §§ 2, 4]. (a) The Secretary shall develop a request for proposals (RFP) from technology providers …

16 Del. C. § 3005A. Senior certified nursing assistant certification.

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§ 3005A. Senior certified nursing assistant certification. Any certified nursing assistant may pursue designation as a senior certified nursing assistant, and shall be so designated if such individual meets the following requirements: (1) Has been a certified nursing assistant in…

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. § 3005E. Training.

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§ 3005E. Training. (a) The Department of Education shall develop, for approval by the Division of Public Health, a training course to prepare trained persons to administer emergency medications to diagnosed and undiagnosed individuals. (b) Except for a school nurse, an educator, …

16 Del. C. § 3005F. Proper facilities required.

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§ 3005F. Proper facilities required. Any municipality that does not have proper facilities and trained personnel shall transport in a humane manner any animals which are to be euthanized to the nearest private or public shelter or agency which has proper facilities and trained pe…

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 [For application of this section, see 85 Del. Laws, c. 485, § 5].

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§ 3005J. Limitations [For application of this section, see 85 Del. Laws, c. 485, § 5]. Nothing in this subchapter 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 …

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. § 3005T. Baseline healthcare data [For application and expiration of this chapter upon fulfillment of contingency, see 85 Del. Laws, c. 453, §§ 2, 4].

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§ 3005T. Baseline healthcare data [For application and expiration of this chapter upon fulfillment of contingency, see 85 Del. Laws, c. 453, §§ 2, 4]. (a) As this program is designed to change “sick care” to “well care” for diabetic enrollees, and it is critical the RFP list in d…

16 Del. C. § 3006A. Renewal of certification; late renewal; and penalties.

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§ 3006A. Renewal of certification; late renewal; and penalties. (a) Every certified nursing assistant shall recertify biennially by filing an application; provided however, that the certification of any certified nursing assistant who is on active military duty with the armed for…

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. § 3006E. Storage of emergency medication.

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§ 3006E. Storage of emergency medication. (a) Emergency medication which shall be administered by the school nurse, shall be located in a secure but accessible area which is easily accessible to the school nurse. (b) Emergency medication which shall be administered by a trained p…

16 Del. C. § 3006F. Violation constitutes class A misdemeanor; civil remedy; jurisdiction of Superior Court.

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§ 3006F. Violation constitutes class A misdemeanor; civil remedy; jurisdiction of Superior Court. (a) Failure by any person employed by, volunteering at or an agent of any private or public animal shelter to comply with § 3004F(d) of this title regarding euthanizing animals shall…

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 subchapter. (b) The Department of Health and Social Services may enforce the provisions of this subchapter and any regulations pro…

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. § 3006T. Individual healthcare management plan [For application and expiration of this chapter upon fulfillment of contingency, see 85 Del. Laws, c. 453, §§ 2, 4].

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§ 3006T. Individual healthcare management plan [For application and expiration of this chapter upon fulfillment of contingency, see 85 Del. Laws, c. 453, §§ 2, 4]. The physician-led healthcare team for each patient participating in this Delaware Diabetic Wellness Pilot Program (P…

16 Del. C. § 3007A. Promulgation of regulation.

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§ 3007A. Promulgation of regulation. The Department shall promulgate rules and regulations to implement this chapter.72 Del. Laws, c. 168, § 1; 83 Del. Laws, c. 493, § 1;

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. § 3007E. Provision of limited liability protections.

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§ 3007E. Provision of limited liability protections. Any trained person or school nurse, who, in good faith and without expectation of compensation from the person aided or treated, renders emergency care or treatment in response to an apparent allergic reaction by the use of an …

16 Del. C. § 3007F. Record keeping and reporting.

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§ 3007F. Record keeping and reporting. Animal shelters shall maintain records regarding the following information: (1) Intake and outcomes data by type for all animals. (2) Number of animals at beginning and end of period. (3) Number of spay/neuter surgeries performed for shelter…

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. § 3007T. Control group [For application and expiration of this chapter upon fulfillment of contingency, see 85 Del. Laws, c. 453, §§ 2, 4].

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§ § 3007T. Control group [For application and expiration of this chapter upon fulfillment of contingency, see 85 Del. Laws, c. 453, §§ 2, 4]. For comparison purposes, the request for proposals will specify data collection compiled and analyzed by the Delaware Health Information N…

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;

16 Del. C. § 3008F. Enforcement.

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§ 3008F. Enforcement. (a) The Department shall adopt rules and regulations as may be necessary for the protection and care of companion animals in animal shelters, as defined in this subchapter. (b) The Department will conduct at least annual inspection of every animal shelter. (…

16 Del. C. § 3008L. Exclusion of application of chapter.

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§ 3008L. Exclusion of application of chapter. The requirements of §§ 3005L and 3006L of the title shall not apply to coaches, athletes, officials, parents and guardians of visiting teams or groups of participants from outside the State.80 Del. Laws, c. 409, § 1;

16 Del. C. § 3008T. Delaware Health Information Network (DHIN) reports [For application and expiration of this chapter upon fulfillment of contingency, see 85 Del. Laws, c. 453, §§ 2, 4].

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§ 3008T. Delaware Health Information Network (DHIN) reports [For application and expiration of this chapter upon fulfillment of contingency, see 85 Del. Laws, c. 453, §§ 2, 4]. DHIN will report to the Secretary, the Governor, and the General Assembly the summary results from this…

16 Del. C. § 3009F. Facilities; primary enclosures; sanitation and disease control.

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§ 3009F. Facilities; primary enclosures; sanitation and disease control. (a) Facilities. — (1) Surfaces used in all animal areas must be constructed and maintained so that they are substantially impervious to moisture and may be easily sanitized. (2) Indoor housing facilities for…

16 Del. C. § 3009L. Annual report.

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§ 3009L. Annual report. The Council may include in its annual report information concerning implementation of this chapter obtained through surveys, the Internet, and other sources.80 Del. Laws, c. 409, § 1;

16 Del. C. § 3010A. Definitions.

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§ 3010A. Definitions. As used in this subchapter: (1) “Central service technician” means an individual who decontaminates, inspects, assembles, packages, and sterilizes reusable medical instruments or devices for a health-care facility. (2) “Health-care facility” means a hospital…