Title 16 — Health and Safety

§ 301. Appointment and membership outside Wilmington; vacancies and removal. (a) The common council of every city and the commissioners of every incorporated town in the State, except in the City of Wilmington, shall appoint in January of each year, a local board of health for su…

§ 302. Officers; meetings; quorum; secretary. (a) The local boards of health shall elect annually from among their own members a president and a secretary. The local board shall meet not less than once in every 3 months. A majority of the local board shall form a quorum to do bus…

§ 303. General powers; quarantine regulations. Each local board of health may make orders and regulations concerning: (1) The place and mode of quarantine; (2) The examination and purification of vessels, boats and other craft not under quarantine; (3) The treatment of vessels, a…

§ 304. Public laundries and washhouses; supervision, inspection and regulation; violations and penalties. (a) The local boards of health of the respective towns and cities of this State (where such towns and cities have local boards of health) shall supervise all public laundries…

§ 305. Cleansing or closing unfit dwellings; recovery of expenses. (a) Any local board of health when satisfied after an examination that any cellar, room, tenement or building within its jurisdiction occupied as a dwelling place has become, by reason of the number of occupants o…

§ 306. Cleansing diseased places; recovery of expenses. Each local board of health may in case of the prevalence or of reasonable ground to apprehend the prevalence of malignant disease within its jurisdiction direct especially the cleaning of houses, cellars, yards, docks or oth…

§ 307. Neglected privy well; penalty. If any owner, agent or tenant of any property in any town or city suffers the privy well thereon to be so full that any 2 members of the local board of health declare the same to be a nuisance, such owner, the owner’s agent and tenant in poss…

§ 308. Slaughterhouse; use as nuisance; penalty. Whoever uses a slaughterhouse or place belonging thereto within a city or town limits, after the local board of health has pronounced the same noisome or having used such slaughterhouse shall not on the requirement of the local boa…

§ 309. Placing or maintaining offensive matters in public places; penalty. Whoever casts into any street, lane or alley or suffers to run or be washed from any slaughterhouse, stable, privy, yard or place in one’s possession into any street, lane or alley of any city or town havi…

§ 310. Abatement of nuisances. (a) Each local board of health may direct: (1) That any noisome matter whether vegetable, animal or otherwise within the boundaries of its respective city or town or within 1 mile thereof or any vessel then having or having recently had any contagio…

§ 311. Entry for destruction or removal of nuisances. Whenever a local board of health thinks it necessary for the preservation of the lives and health of the citizens to enter a place, building or vessel within its jurisdiction for the purpose of examining into and destroying, r…

§ 312. Removal of infected persons; taking possession of condemned premises. Any justice of the peace, on application under oath, showing cause therefore by a local board of health or any authorized member thereof shall issue a warrant, under the justice of the peace’s own hand, …

§ 313. Care of persons having infectious or contagious disease. The local board of health may procure suitable places for the reception of persons under quarantine and persons sick with the Asiatic or malignant cholera or any other malignant of infectious or contagious disease. I…

§ 314. Common carriers; submission to regulations and examination of health officers; penalty for false statements. (a) Whenever quarantine is declared, all railroads, steamboats or other common carriers and the owners, consignees or assignees of any railroad, steamboat or other …

§ 315. Temporary structures for isolation purposes; disinfection of property. The State Board of Health or any local board of health may erect any temporary wooden buildings or field hospitals necessary for the isolation or protection of persons or freight supposed to be infected…

§ 316. Venue; continuance of nuisance as offense. An offense charged under this chapter shall be construed and held to have been committed in any county whose inhabitants are or have been injured or aggrieved thereby. The continuance of any offense for 5 days after prosecution co…

§ 317. Penalties; corporations. (a) Whoever violates this chapter, except as otherwise therein prescribed or any regulation of the board of health made in pursuance thereof, or obstructs or interferes with the execution of any such order, or wilfully or illegally omits to obey an…

§ 601. Enumeration of streptococcal infections. Streptococcal infections are declared to be contagious, infectious, communicable and dangerous to the public health.60 Del. Laws, c. 491, § 1;

§ 602. General powers of Secretary. (a) The Secretary of the Department of Health and Social Services shall make such rules and regulations as in the Secretary’s judgment are necessary for the detection of the disease and for the care, control and treatment of persons infected th…

§ 801. Definition of inflammation of eyes of newborn. Any inflammation, swelling, or redness in either 1 or both eyes of any infant, either apart from or together with any unnatural discharge from the eye or eyes of such infant, independent of the nature of the infection, if any,…

§ 801A. Short title. This chapter shall be known and may be cited as the “Universal Newborn and Infant Hearing Screening, Tracking, and Intervention Act.”75 Del. Laws, c. 116, § 1; 78 Del. Laws, c. 389, § 1;

§ 801B. Provision of information relating to Down Syndrome. (a) For the purposes of this section, the term “Down Syndrome” shall mean a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. A hos…

§ 801C. Short title. This chapter shall be known and may be cited as the “Newborn Screening Program.”80 Del. Laws, c. 96, § 1;

§ 801D. Policy. The perinatal mental health-care policy of this State shall serve to increase the likelihood that a person who has given birth and experiences symptoms of perinatal mood and anxiety disorder will receive the necessary mental health treatment. The goal of this poli…

§ 802. Reporting existence of disease; investigation. Any physician, surgeon, obstetrician, midwife, nurse, maternity home or hospital of any nature, parent, relative and any persons attendant on or assisting in any way whatsoever, any infant or the mother of an infant at childbi…

§ 802A. Legislative findings and purpose. The General Assembly hereby finds and declares that: (1) Significant hearing loss is 1 of the most common major abnormalities present at birth and, if undetected, will impede the child’s speech, language, and cognitive development. (2) Sc…

§ 802C. Definitions. (a) “Blood specimen for metabolic, hematologic, endocrinologic, and immunologic disorders” means a dried blood spot on a special filter paper utilized for screening (not diagnostic) tests to establish the likely presence of metabolic, hematologic, endocrinolo…

§ 802D. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23]. As used in this chapter: (1) “Perinatal health-care provider” means a physician, midwife, advanced practice registered nurse, registered nurse, physician associate, or other health-care practit…

§ 803. Treatment of eyes on birth. (a) The Department of Health and Social Services shall regulate the type of prophylactic treatment to be employed against inflammation of the eye or eyes of the newborn, the conditions under which such prophylaxis will be employed and the diseas…

§ 803A. Definitions. For the purposes of this chapter: (1) “Child” means a person up to 21 years of age. (2) “Early intervention” and/or “follow-up care” means the early intervention services described in Part C and Part B of the Individuals with Disabilities Education Act (IDEA)…

§ 803C. Newborn Screening Advisory Committee. There shall be established Newborn Screening Advisory Committee (“Committee”) that will advise the Director of the Division of Public Health on issues relating to the newborn screening program, including intervention, treatment, and f…

§ 803D. Perinatal mood and anxiety disorder materials and information. (a) The Department shall develop written materials and information about perinatal mood and anxiety disorder. (1) The materials and information shall include the symptoms and methods of coping with perinatal m…

§ 804. Penalties. Whoever being a physician, surgeon, midwife, obstetrician, nurse, parent, relative or person attendant upon or assisting at the birth of any infant, violates this chapter, shall be fined not less than $5.00 nor more than $100.29 Del. Laws, c. 51, § 4; Code 1935,…

§ 804A. Newborn and infant hearing screening programs. (a) As a condition of its licensure, each hospital shall establish a Universal Newborn Hearing Screening (UNHS) program. Each UNHS program shall: (1) Provide a hearing screening test for every newborn born in the hospital, fo…

§ 804C. Newborn Screening Program [Effective July 17, 2028]. (a) The Department of Health and Social Services shall adopt rules and regulations under and pursuant to this State’s Administrative Procedures Act, Chapter 101 of Title 29, to carry out the objectives of this chapter. …

§ 804D. Perinatal mood and anxiety screening. Perinatal health-care providers shall begin evaluations and take action when they recognize symptoms of perinatal mood and anxiety disorder, when a person screens positive for perinatal mood and anxiety disorders, or when they observe…

§ 805A. Surveillance and tracking system. It is recognized that is necessary to provide surveillance, tracking and monitoring of newborns, infants, and children identified through newborn hearing screening in order to make referrals, render appropriate follow-up care and better e…

§ 805C. Parental options. (a) All newborns in Delaware shall have a satisfactory specimen taken within 24 to 48 hours of age and shall be screened for metabolic, hematologic, endocrinologic, immunologic and certain structural disorders. Parents may elect not to participate in any…

§ 805D. Enforcement. The Department may develop regulations governing compliance under this chapter.80 Del. Laws, c. 293, § 1;

§ 806A. Provision of early intervention services and follow-up care. The lead agency or its designee shall ensure that hearing loss is diagnosed by 3 months of age, or earlier, and infants with confirmed hearing loss receive comprehensive early intervention services by 6 months o…

§ 806C. Confidentiality. (a) No person may disclose or be compelled to disclose the identity of any person upon whom a blood specimen for metabolic, hematologic, endocrinologic, immunologic and certain structural disorders screen is performed, or the results of such test in a man…

§ 807A. Family resources. Families shall be provided with unbiased information in a family-centered, culturally competent manner and offered the full range of early intervention services and treatment options available for hearing loss. Opportunities for early intervention shall …

§ 808A. Early Hearing Detection and Intervention (EHDI) Advisory Board. There shall be established an Early Hearing Detection and Intervention Advisory Board (“Board”) that will advise the Secretary on issues relating to the newborn hearing evaluation, intervention, treatment, an…

§ 809A. Civil and criminal immunity and penalties. (a) No physician shall be civilly or criminally liable for failure to conduct hearing screening testing. (b) No physician or hospital acting in compliance with this chapter shall be civilly or criminally liable for any acts taken…

§ 810A. Confidentiality. The Division of Public Health and all other persons to whom data is submitted in accordance with this chapter shall keep such information confidential. No publication or disclosure of information shall be made except in the form of statistical or other st…

§ 811A. Delivery of policy. If a health insurance policy provides coverage or benefits to a resident of this State, it shall be deemed to be delivered in this State within the meaning of this chapter, regardless of whether the health-care insurer issuing or delivering said policy…

§ 901B. Purpose. The child welfare policy of this State shall serve to advance the best interests and secure the safety and well-being of an infant with prenatal substance exposure, while preserving the family unit whenever the safety of the infant is not jeopardized. To further …

§ 902B. Definitions. As used in this chapter: (1) “Division” is as defined in § 902 of this title. (2) “Family assessment and services” is as defined in § 902 of this title. (3) “Health-care provider” is as defined in § 714 of this title. (4) “Infant with prenatal substance expos…

§ 903B. Notification to Division; immunity from liability. (a) The health-care provider who is involved in the delivery or care of an infant with prenatal substance exposure shall make a notification to the Division by contacting the Division report line as identified in § 905 of…

§ 904B. Notification information. (a) Upon receipt of a notification of an infant with prenatal substance exposure, the Division shall enter it into the Division’s internal information system. (b) Upon receipt of a notification of an infant with prenatal substance exposure, the D…