Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 9602. Definitions.
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§ 9602. Definitions. For the purposes of this chapter: (1) “Ability Network of Delaware” or “AND,” or any succeeding name of this entity, means the state association whose membership includes community rehabilitation programs and other similar organizations, both public and priva…
16 Del. C. § 9602A. Definitions.
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§ 9602A. Definitions. As used in this chapter, unless otherwise defined in the federal law or federal regulations, which federal definitions shall control: (1) “Account” means an individual account, a trust account, or a savings account established in accordance with the provisio…
16 Del. C. § 9603. Commission for Statewide Contracts to Support Employment for Individuals with Disabilities — Appointment; composition; terms; vacancies; compensation.
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§ 9603. Commission for Statewide Contracts to Support Employment for Individuals with Disabilities — Appointment; composition; terms; vacancies; compensation. (a) The Commission for Statewide Contracts to Support Employment for Individuals with Disabilities is established to fulf…
16 Del. C. § 9603A. Administration of the ABLE Program.
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§ 9603A. Administration of the ABLE Program. (a) This chapter shall be administered by the Plans Management Board pursuant to § 2722 of Title 29. (b) The Board may establish, develop, implement and maintain a Delaware Achieving a Better Life Experience Program for all eligible in…
16 Del. C. § 9604. The Commission for Statewide Contracts to Support Employment for Individuals with Disabilities — Powers and duties; community rehabilitation programs and central nonprofit agencies.
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§ 9604. The Commission for Statewide Contracts to Support Employment for Individuals with Disabilities — Powers and duties; community rehabilitation programs and central nonprofit agencies. (a) The Commission for Statewide Contracts to Support Employment for Individuals with Disa…
16 Del. C. § 9604A. Powers of the Board [Repealed].
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§ 9604A. Powers of the Board [Repealed].80 Del. Laws, c. 34, § 1; repealed by 80 Del. Laws, c. 295, § 2, eff. July 1, 2016.;
16 Del. C. § 9605. Procurement requirements for the State.
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§ 9605. Procurement requirements for the State. (a) If any agency of this State intends to procure a product or service on the procurement list published by Government Support Services under § 9604 of this title, that agency shall, in accordance with Commission rules and regulati…
16 Del. C. § 9605A. The Program.
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§ 9605A. The Program. (a) An account may be opened by: (1) The eligible individual. (2) A person selected by the eligible individual. (3) If an eligible individual (whether a minor or adult) is unable to establish that eligible individual’s own account, the eligible individual’s …
16 Del. C. § 9606. Food service in public buildings.
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§ 9606. Food service in public buildings. (a) If an agency of this State intends to operate or continue food service in a public building, that agency shall procure the food service from the Delaware Division for the Visually Impaired under the vending facility program authorized…
16 Del. C. § 9606A. Prohibitions.
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§ 9606A. Prohibitions. (a) A designated beneficiary may have only 1 account. (b) No account nor any interest in an account may be used as security for a loan. (c) Total contributions on behalf of a designated beneficiary may not exceed the limit established under subchapter XII, …
16 Del. C. § 9607A. Treatment of accounts.
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§ 9607A. Treatment of accounts. (a) Accounts established pursuant to this chapter or another state’s ABLE program shall not be included in determining asset eligibility of the designated beneficiary for state or local assistance programs. (b) Unless prohibited by federal law, upo…
16 Del. C. § 9608A. Limitations on liability [Repealed].
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§ 9608A. Limitations on liability [Repealed].80 Del. Laws, c. 34, § 1; repealed by 80 Del. Laws, c. 295, § 2, eff. July 1, 2016.;
16 Del. C. § 9701. Purposes.
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§ 9701. Purposes. The purposes of the emergency medical services systems legislation are to establish and/or identify specific roles and responsibilities in regard to emergency medical services in Delaware in order to reduce morbidity and mortality rates for the citizens of Delaw…
16 Del. C. § 9702. Definitions.
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§ 9702. Definitions. As used in this subchapter: (1) “Acute health-care facility” means any facility which is established, maintained and operated for the purpose of providing immediate and emergent care to individuals suffering from a life-threatening medical condition. (2) “Adv…
16 Del. C. § 9703. Delaware Emergency Medical Services Oversight Council.
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§ 9703. Delaware Emergency Medical Services Oversight Council. (a) There is established the Delaware Emergency Medical Services Oversight Council (DEMSOC). The Council shall consist of the following members: (1) A representative of the Office of the Governor appointed by the Gove…
16 Del. C. § 9704. Office of Emergency Medical Services — Created; purpose.
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§ 9704. Office of Emergency Medical Services — Created; purpose. (a) The Office of Emergency Medical Services is hereby created. The Office shall be responsible for ensuring the effective coordination and evaluation of the emergency medical services system in Delaware which inclu…
16 Del. C. § 9705. Office of Emergency Medical Services — Functions [For application of this section, see 85 Del. Laws, c. 253, § 23].
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§ 9705. Office of Emergency Medical Services — Functions [For application of this section, see 85 Del. Laws, c. 253, § 23]. (a) Personnel. — It shall be the responsibility of the Office to collect and analyze annually data pertaining to certified emergency medical services person…
16 Del. C. § 9706. Office of Emergency Medical Services — Additional functions.
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§ 9706. Office of Emergency Medical Services — Additional functions. (a) In order to monitor and evaluate the effectiveness of the EMS system, the Office must be notified of any proposed new service or major service modification within the emergency medical services system in Del…
16 Del. C. § 9707. Confidentiality of quality review program and participants.
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§ 9707. Confidentiality of quality review program and participants. (a) Confidentiality of quality review program and participants. — As used in this section, “records” means the recordings of interviews and all oral or written reports, statements, minutes, memoranda, charts, sta…
16 Del. C. § 9708. Public safety personnel rendering emergency care exempt from liability.
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§ 9708. Public safety personnel rendering emergency care exempt from liability. (a) Public safety personnel who in good faith renders emergency care or rescue assistance at the scene of any emergency or who undertakes to transport any victim thereof to the nearest medical facilit…
16 Del. C. § 9709. Advanced Life Support Standards Committee.
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§ 9709. Advanced Life Support Standards Committee. (a) The Advanced Life Support Standards Committee is created for the purpose of assisting the Board of Medical Licensure and Discipline in developing standards for advanced life support services. The Standards Committee is compos…
16 Del. C. § 9710. Overdose system of care.
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§ 9710. Overdose system of care. (a) The Secretary shall create an overdose system of care to coordinate the treatment and care provided to individuals who have overdosed or require acute management of substance use disorder, including opioid use disorder. (b) (1) The Secretary m…
16 Del. C. § 9711. Overdose System of Care Committee.
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§ 9711. Overdose System of Care Committee. (a) The Secretary shall establish an Overdose System of Care Committee to assist in oversight of the overdose system of care. (1) The Co-Chairs of the Overdose System of Care Committee are as follows: a. The Director of the Division of P…
16 Del. C. § 9801. Purpose [For application of this section, see 84 Del. Laws, c. 419, § 6].
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§ 9801. Purpose [For application of this section, see 84 Del. Laws, c. 419, § 6]. (a) It is the purpose of this chapter to establish a statewide paramedic program under the direction of the Office of Emergency Medical Services, Division of Public Health, Department of Health and …
16 Del. C. § 9802. Definitions [For application of this section, see 84 Del. Laws, c. 419, § 6] [Effective July 17, 2028].
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§ 9802. Definitions [For application of this section, see 84 Del. Laws, c. 419, § 6] [Effective July 17, 2028]. For purposes of this chapter: (1) “Administrator” means the program chief of the paramedic services responsible for advanced life support and the administration of this…
16 Del. C. § 9803. Statewide paramedic system.
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§ 9803. Statewide paramedic system. (a) Except for those activities and responsibilities for basic life support and other emergency services which are under the jurisdiction of the State Fire Prevention Commission, the Office shall have jurisdiction over the development, implemen…
16 Del. C. § 9804. Paramedic Advisory Council [Repealed].
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§ 9804. Paramedic Advisory Council [Repealed]. Repealed by 72 Del. Laws, c. 137, § 3, effective July 12, 1999.
16 Del. C. § 9805. Paramedic Administrator.
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§ 9805. Paramedic Administrator. The Paramedic Administrator shall be employed within the Office of Emergency Medical Services responsible directly to the Director of the Office of Emergency Medical Services. The Paramedic Administrator shall be a state employee within the Merit …
16 Del. C. § 9806. EMS medical directors [Effective July 17, 2028].
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§ 9806. EMS medical directors [Effective July 17, 2028]. (a) There shall be 5 part time EMS Medical Directors: 1 State EMS Medical Director, 3 county EMS medical directors and 1 Basic Life Support EMS Director. Each county EMS medical director shall practice emergency medicine in…
16 Del. C. § 9807. Paramedics.
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§ 9807. Paramedics. (a) A paramedic may provide such paramedic services as are set forth in the paramedic’s certificate if such services are provided under the supervision of a physician, or in any context where voice contact by radio or telephone is monitored by a physician; and…
16 Del. C. § 9808. Role of county governments.
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§ 9808. Role of county governments. (a) Each county shall participate in the operation and funding of the statewide paramedic services program, and shall provide the Office with all necessary information requested by the Secretary of the Department of Health and Social Services i…
16 Del. C. § 9809. Certification.
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§ 9809. Certification. (a) No individual shall represent that individual’s own self as a paramedic certified by this State unless the person so represented is in fact certified by the Board. (b) No person nor governmental agency shall represent itself as a paramedic service, emer…
16 Del. C. § 9809A. Criminal background checks.
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§ 9809A. Criminal background checks. (a) A person seeking certification as a paramedic shall apply to the Board using forms prescribed by the Board and shall submit to the State Office of Emergency Medical Services necessary information in order to obtain the following: (1) A rep…
16 Del. C. § 9810. Reciprocity.
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§ 9810. Reciprocity. Where a person applies for a certification as a paramedic and has already been licensed or certified as such in another state, the Administrator shall accept a true copy of such license or certificate, or evidence of any examination scores issued by a testing…
16 Del. C. § 9811. Violations; disciplinary procedure.
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§ 9811. Violations; disciplinary procedure. (a) The Administrator may at any time upon the Administrator’s own motion; and shall, upon verified written complaint of any person, request an investigation be conducted by the Executive Director of the Board of Medical Licensure and D…
16 Del. C. § 9812. Suspension, revocation and other penalties.
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§ 9812. Suspension, revocation and other penalties. (a) For purpose of the public health, safety and welfare, and notwithstanding any other statute or provision of law, the Administrator may recommend to a county or the Board that any of the following penalties, singly or in comb…
16 Del. C. § 9813. Liability; limitations.
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§ 9813. Liability; limitations. (a) Physician instructions. — No emergency physician or designee of such physician who in good faith gives instructions to a paramedic shall be liable for any civil damages which may occur as the result of issuing such instructions; unless the cond…
16 Del. C. § 9814. Statewide paramedic funding program.
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§ 9814. Statewide paramedic funding program. (a) The statewide paramedic funding program is hereby established for the purpose of participating with the counties in the financing of the statewide paramedic program. (b) The operational costs of the minimum paramedic staff hours es…
16 Del. C. § 9815. Implementation of REPLICA.
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§ 9815. Implementation of REPLICA. (a) The Department of Health and Social Services, in collaboration with the Delaware State Fire Commission and the Division of Professional Regulations, shall promulgate regulations for implementation of the REPLICA Compact, Chapter 98A of this …
16 Del. C. § 9816. Emergency care of police dogs.
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§ 9816. Emergency care of police dogs. (a) A paramedic or other EMS provider may provide emergency medical services to an injured police dog at the scene of an emergency that has resulted in the police dog’s injury. (b) A paramedic or other EMS provider may transport the police d…
16 Del. C. § 9817. Mobile-integrated healthcare and community paramedicine programs [For application of this section, see 85 Del. Laws, c. 325, § 23].
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§ 9817. Mobile-integrated healthcare and community paramedicine programs [For application of this section, see 85 Del. Laws, c. 325, § 23]. (a) An organization licensed as or actively seeking licensure as an emergency medical services provider agency may apply to the Office to es…
16 Del. C. § 98A-100. Adoption of REPLICA.
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§ 98A-100. Adoption of REPLICA. The Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act (“REPLICA”) is hereby enacted into law and entered into with all other jurisdictions legally joining therein in form substantially in this chapter.81 Del. Laws…
16 Del. C. § 98A-101. Purpose.
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§ 98A-101. Purpose. The purpose of this Compact is to protect the public through verification of competency and ensure accountability for patient care related activities of all states’ licensed emergency medical services (EMS) personnel, such as emergency medical technicians (EMT…
16 Del. C. § 98A-102. Definitions.
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§ 98A-102. Definitions. As used in this Compact: A. “Advanced emergency medical technician” or “AEMT” means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Pra…
16 Del. C. § 98A-103. Home state licensure.
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§ 98A-103. Home state licensure. A. Any member state in which an individual holds a current license is deemed a home state for purposes of this Compact. B. Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state u…
16 Del. C. § 98A-104. Compact privilege to practice.
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§ 98A-104. Compact privilege to practice. A. Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with § 98A-104 of this title. B. To exercise the privilege to practice under the terms and provisions of t…
16 Del. C. § 98A-105. Conditions of practice in a remote state.
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§ 98A-105. Conditions of practice in a remote state. An individual may practice in a remote state under a privilege to practice only in the performance of the individual’s EMS duties as assigned by an appropriate authority, as defined in the rules of the Commission, and under the…
16 Del. C. § 98A-106. Relationship to emergency management assistance compact.
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§ 98A-106. Relationship to emergency management assistance compact. Upon a member state’s governor’s declaration of a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), Chapter 34 of Title 20, all relevant terms and provisions of EMA…
16 Del. C. § 98A-107. Veterans, service members separating from active duty military, and their spouses.
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§ 98A-107. Veterans, service members separating from active duty military, and their spouses. A. Member states shall consider a veteran, active military service member, and member of the National Guard and Reserves separating from an active duty tour, and a spouse of the veteran …
16 Del. C. § 98A-108. Adverse actions.
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§ 98A-108. Adverse actions. A. A home state shall have exclusive power to impose adverse action against an individual’s license issued by the home state. B. If an individual’s license in any home state is restricted or suspended, the individual is not eligible to practice in a re…