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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. § 101. Definitions.
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§ 101. Definitions. As used in this title, unless otherwise provided or the context requires a different meaning: (1) “County Public Health Administrator” means the Division of Public Health employee responsible for managing the operations of all public health programs within an …
16 Del. C. § 102. Headquarters.
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§ 102. Headquarters. The Department shall establish headquarters in the City of Dover and if no suitable place shall be provided in the State House or in other state property, the Department shall have authority to select some suitable place for the establishment of such headquar…
16 Del. C. § 103. Deputy state health officers — Appointment; term; compensation; removal.
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§ 103. Deputy state health officers — Appointment; term; compensation; removal. (a) Subject to the approval of the Department, the Secretary shall appoint for each county in the State a deputy state health officer, who shall be a person trained and experienced in public health. E…
16 Del. C. § 104. Deputy state health officers — Powers and duties.
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§ 104. Deputy state health officers — Powers and duties. The deputy state health officers for and under the direction of the Department shall enforce the laws of the State pertaining to the public health, shall enforce all rules, regulations and orders adopted or promulgated by t…

16 Del. C. § 105. Authorization to receive federal funds; disposition.

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§ 105. Authorization to receive federal funds; disposition. (a) The Department may apply for and receive funds made available to the Department by any agency or department of the federal government authorized to make grants-in-aid of any of the present or future health programs u…

16 Del. C. § 106. Prosecutions and proceedings for violations; disposition of fines.

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§ 106. Prosecutions and proceedings for violations; disposition of fines. All prosecutions and proceedings instituted by the Department or Division for the violation of any law or laws to be enforced by the Department or Division, or for the violation of any order or regulation o…

16 Del. C. § 107. Neglect of duty; penalty.

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§ 107. Neglect of duty; penalty. (a) Whoever refuses, fails or neglects to perform the duties required under this chapter, or violates, neglects or fails to comply with the duly adopted regulations or orders of the Department of Health and Social Services, shall be fined not less…

16 Del. C. § 108. Jurisdiction of offenses; justices of the peace.

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§ 108. Jurisdiction of offenses; justices of the peace. Justices of the peace shall have jurisdiction of offenses under this part and Part II of this title, except in cases where exclusive jurisdiction of any such offense is expressly vested in another court.16 Del. C. 1953, § 11…

16 Del. C. § 109. Appeals.

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§ 109. Appeals. From the decision of a justice of the peace exercising jurisdiction conferred by § 108 of this title, an appeal shall be allowed to the Court of Common Pleas of the same county.16 Del. C. 1953, § 115; 69 Del. Laws, c. 423, § 18;

16 Del. C. § 110. Transfer of Wilmington Department of Health personnel to state service.

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§ 110. Transfer of Wilmington Department of Health personnel to state service. Any former or present employee of the State Division of Public Health who was employed by the Wilmington Department of Health in the conduct of public health matters within the City of Wilmington and w…

16 Del. C. § 111. Retaliation or discrimination against complainants; immunities and other protections.

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§ 111. Retaliation or discrimination against complainants; immunities and other protections. Notwithstanding any law or regulation to the contrary, any psychiatric nursing or treatment facility owned by or operated by the Department shall be subject to the provisions of §§ 1117, …

16 Del. C. § 121. Successor to powers of abolished health and welfare agencies.

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§ 121. Successor to powers of abolished health and welfare agencies. All the rights, powers, duties, obligations and authority belonging to or vested in the Child Welfare Commission, the Tuberculosis Commission or the State Health and Welfare Commission, prior to May 21, 1941, ar…

16 Del. C. § 122. Powers and duties of the Department of Health and Social Services [For application of this section, see 84 Del. Laws, c. 434, § 3] [Effective until Sept. 14, 2027].

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§ 122. Powers and duties of the Department of Health and Social Services [For application of this section, see 84 Del. Laws, c. 434, § 3] [Effective until Sept. 14, 2027]. The Department shall have the following general powers and duties: (1) Supervision of all matters relating t…

16 Del. C. § 123. Reports from public institutions, Division of Professional Regulation and resorts; penalties.

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§ 123. Reports from public institutions, Division of Professional Regulation and resorts; penalties. (a) The Department of Health and Social Services may require reports and information from all public dispensaries, asylums, prisons and schools and from the managers, principals a…

16 Del. C. § 124. Fluoridation of a water supply.

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§ 124. Fluoridation of a water supply. (a) In order to protect the dental health of all citizens, especially children, the Department of Health and Social Services shall promulgate rules to provide for the addition of fluoride to all municipal water supplies by the owners or offi…

16 Del. C. § 125. Preservation of public health within incorporated towns; local sanitation matters; expenses.

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§ 125. Preservation of public health within incorporated towns; local sanitation matters; expenses. (a) The Department of Health and Social Services, in addition to other powers possessed by it, may preserve the public health within all incorporated towns and within 1 mile of the…

16 Del. C. § 126. Regulations and orders of Department and Secretary — Effect; distribution.

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§ 126. Regulations and orders of Department and Secretary — Effect; distribution. (a) Regulations and orders promulgated or issued by the Department of Health and Social Services in accordance with authority conferred upon it have the force and effect of law and supersede all loc…

16 Del. C. § 127. Regulations and orders of Department and Secretary — Duty of enforcement; penalty.

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§ 127. Regulations and orders of Department and Secretary — Duty of enforcement; penalty. (a) All local boards of health, health authorities and officials, officers of the State and county institutions, police officers, sheriffs, constables and all other officers and employees of…

16 Del. C. § 128. Powers as advisory board; investigations; abatement of nuisances.

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§ 128. Powers as advisory board; investigations; abatement of nuisances. (a) The Department of Health and Social Services shall be an advisor to the authorities of the State in all matters pertaining to public hygiene. It may make special inspections of hospitals, prisons, asylum…

16 Del. C. § 129. Threatened epidemics; appointment of officers to enforce regulations and orders.

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§ 129. Threatened epidemics; appointment of officers to enforce regulations and orders. With the exception of circumstances encompassed by Title 20, when any contagious or infectious disease shall become or threaten to become epidemic, and the local authorities shall neglect or r…

16 Del. C. § 130. Reporting of potential or existing public health emergencies.

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§ 130. Reporting of potential or existing public health emergencies. (a) Except as otherwise indicated in this chapter or Title 20, the Secretary of Health and Social Services or the Secretary’s designee shall be responsible for implementing all measures designed to address poten…

16 Del. C. § 131. Survey of hospitals and health centers — Required.

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§ 131. Survey of hospitals and health centers — Required. (a) The Secretary or the Secretary’s designee shall: (1) Make a survey of the location, size and character of all existing public and private (proprietary as well as nonprofit) hospitals and health centers in the State; (2…

16 Del. C. § 132. Acceptance of federal grants.

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§ 132. Acceptance of federal grants. The Secretary or the Secretary’s designee may apply for and accept on behalf of the State, may deposit with the State Treasurer and may expend for the purposes for which granted or advanced, any grant or advance made by the United States or by…

16 Del. C. § 133. Cancer; Delaware Cancer Consortium.

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§ 133. Cancer; Delaware Cancer Consortium. (a) The Division of Public Health may use any money appropriated to it for the purpose of the detection of cancer, for research in cancer and for other purposes related to cancer prevention and control. (b) The Delaware Cancer Consortium…

16 Del. C. § 134. Sanitary facilities of public eating places; permits; approval of construction; inspection; fee.

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§ 134. Sanitary facilities of public eating places; permits; approval of construction; inspection; fee. (a) No person shall operate any public eating place unless the Department of Health and Social Services shall approve the sanitary facilities thereof and issue a permit therefo…

16 Del. C. § 135. Services to public water systems.

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§ 135. Services to public water systems. (a) The Department will provide services to public water as follows: (1) Analyze drinking water for chemical and microbiological content. (2) Inspect public water systems. (3) Review plans for new systems and major improvements to existing…

16 Del. C. § 136. Healthy Lifestyles and Tobacco-Related Disease Prevention Fund.

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§ 136. Healthy Lifestyles and Tobacco-Related Disease Prevention Fund. (a) A Healthy Lifestyles and Tobacco-Related Disease Prevention Fund (hereinafter in this section, the “Fund”) is established within the Division of Public Health of the Department of Health and Social Service…

16 Del. C. § 137. Delaware Health Fund.

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§ 137. Delaware Health Fund. (a) This section shall be referred to as the “Delaware Health Act of 1999.” (b) A special fund of the State is hereby created in the Department of Finance to be known as the “The Delaware Health Fund.” All annual payments received pursuant to the mast…

16 Del. C. § 138. Community-based Naloxone access program.

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§ 138. Community-based Naloxone access program. The Department shall: (1) Promote the safe use of Naloxone to reduce deaths from opioid overdoses. (2) Make education and training programs on the safe use of Naloxone available to people who hold doses of Naloxone for friends and f…

16 Del. C. § 139. Certification and procedures for animal welfare officers.

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§ 139. Certification and procedures for animal welfare officers. (a) A person who acts as a certified animal welfare officer without certification from the Department is subject to penalties pursuant to § 107 of this title. For purposes of this subchapter, “animal welfare officer…

16 Del. C. § 140. Lyme Disease Education Oversight Board [Expires Aug. 29, 2032, pursuant to 84 Del. Laws, c. 13, § 3].

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§ 140. Lyme Disease Education Oversight Board [Expires Aug. 29, 2032, pursuant to 84 Del. Laws, c. 13, § 3]. (a) The Lyme Disease Education Oversight Board (“the Board”) is established to implement health-care professional education on Lyme disease to improve understanding of the…

16 Del. C. § 140A. Diabetes; prevention and control; report.

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§ 140A. Diabetes; prevention and control; report. The Division of Medicaid and Medical Assistance, Division of Public Health, and the Human Resources Management Section of the Office of Management and Budget, referred to collectively as “the agencies” throughout this section, sha…

16 Del. C. § 140B. Default beverages offered in children’s meals.

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§ 140B. Default beverages offered in children’s meals. (a) A restaurant offering children’s meals for sale that include a beverage must offer as a default beverage with the children’s meal 1 or more of the following: (1) Water, sparkling water, or flavored water that has no added…

16 Del. C. § 141. Establishment and supervision.

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§ 141. Establishment and supervision. The Secretary or the Secretary’s designee may establish and supervise a pathological and bacteriological laboratory and equip it with any appliances necessary to make it safe and reliable. It shall be used to accomplish any or all means of pr…

16 Del. C. § 142. Election of Pathologist and Bacteriologist.

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§ 142. Election of Pathologist and Bacteriologist. The Pathologist and Bacteriologist shall be employed by the Department of Health and Social Services.21 Del. Laws, c. 240, § 5; Code 1915, § 786; 29 Del. Laws, c. 49, § 1; 33 Del. Laws, c. 57, § 4; 34 Del. Laws, c. 69, § 1; Code …

16 Del. C. § 143. Duties of Pathologist and Bacteriologist.

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§ 143. Duties of Pathologist and Bacteriologist. The Pathologist and Bacteriologist shall conduct the routine work of the laboratory and shall make all examinations and analyses, etc., that may be necessary under the direction of the Secretary or the Secretary’s designee for all …

16 Del. C. § 144. Medical practitioners to report contagious diseases; use of laboratory for examination and diagnosis; other uses.

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§ 144. Medical practitioners to report contagious diseases; use of laboratory for examination and diagnosis; other uses. (a) All physicians, dentists, veterinary surgeons or others practicing medicine or surgery or any branch thereof under the laws of this State shall be required…

16 Del. C. § 145. Examinations to determine cause of death.

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§ 145. Examinations to determine cause of death. The Pathologist and Bacteriologist, whenever requested by the Attorney General, shall make any and all examinations of any person or persons or any organ or organs or any part or parts of any person or persons with the view of dete…

16 Del. C. § 151. Powers and duties of Department of Health and Social Services.

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§ 151. Powers and duties of Department of Health and Social Services. The Department of Health and Social Services may: (1) Promote a careful study of conditions regarding tuberculosis throughout the State; (2) Educate public opinion as to the causes and prevention of tuberculosi…

16 Del. C. § 152. Payment of costs of maintenance.

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§ 152. Payment of costs of maintenance. The Division of Public Health shall pay for the care, treatment and maintenance of all hospitalized patients who enter the Emily P. Bissell Hospital for the diagnosis, treatment and cure of tuberculosis and other chronic diseases amenable t…

16 Del. C. § 153. County clinics.

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§ 153. County clinics. The Secretary of the Department of Health and Social Services shall establish throughout the State, at least 1 clinic in each county for the diagnosis and treatment of tuberculosis and other chronic pulmonary diseases, such as fungus disease, sarcoidosis, b…

16 Del. C. § 154. Admittance to Emily P. Bissell Hospital.

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§ 154. Admittance to Emily P. Bissell Hospital. The Division of Public Health may admit such persons to the institution known as the Emily P. Bissell Hospital for the prevention and treatment of tuberculosis and other chronic diseases which are amenable to treatment, rehabilitati…

16 Del. C. § 155. Accounting of all funds received by the hospital.

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§ 155. Accounting of all funds received by the hospital. The Secretary of the Department of Health and Social Services, administrator of the Emily P. Bissell Hospital, shall keep or have kept true and accurate account of all moneys received for board, care and attention of patien…

16 Del. C. § 156. Annual account and report to Governor.

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§ 156. Annual account and report to Governor. The Secretary of the Department of Health and Social Services shall furnish annually to the Governor a full account of its expenditures and disbursements under this subchapter. It shall also at the same time report to the Governor the…

16 Del. C. § 157. Rights of patients.

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§ 157. Rights of patients. Each patient of the Hospital shall be entitled to all the patient rights set forth in subchapter II of Chapter 11 of this title, and all sections in said subchapter II shall apply to the patients of the Emily P. Bissell Hospital.61 Del. Laws, c. 373, § …

16 Del. C. § 161. Powers and duties of Department.

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§ 161. Powers and duties of Department. The Department of Health and Social Services shall develop the child welfare activities conducted by the Child Welfare Commission before its abolition and maintain a traveling child health center to serve the sparsely settled sections of th…

16 Del. C. § 162. Cooperation of departments and officers.

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§ 162. Cooperation of departments and officers. Every official department and public officer in the State, excepting the members of the General Assembly and the judiciary, in possession of information relating to the purposes of this subchapter shall, upon request of the Departme…

16 Del. C. § 163. Employment of personnel and registered trained nurse.

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§ 163. Employment of personnel and registered trained nurse. (a) The Department of Health and Social Services may employ such agents, assistants, clerical force and specially qualified persons as it finds necessary or expedient for carrying out the purposes of this subchapter. (b…

16 Del. C. § 164. Federal aid; authority to expend appropriation.

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§ 164. Federal aid; authority to expend appropriation. If any bill shall be enacted by the United States appropriating moneys to assist the states in protecting the health of mothers and children, and if the Department of Health and Social Services is doing such work at the time …

16 Del. C. § 165. Indigent children with physical disabilities program.

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§ 165. Indigent children with physical disabilities program. The Department of Health and Social Services is designated as the agency for and on behalf of this State to administer a program of services for indigent children with physical disabilities or who are suffering from con…