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Delaware Legislation


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150th General Assembly 


House Bills

Number: HB 2
DHA Position: None
Status: Introduced and Assigned to Health & Human Development Committee in House

bill repeals certain provisions in Title 11 relating to abortion including provisions which treat abortion differently than other medical procedures, and provisions which criminalize women and the sale of medical devices and medicines.
 

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Number: HB 4
DHA Position: None
Status: Out of Committee in Senate

An Act to amend Title 3 of the Delaware Code relating to Rabies Control.  Section 1 clarifies the definitions for animal exposed to rabies, control and observation, exotic animals, human exposed to rabies, owner, rabid animal, rabies vector species, strict quarantine, scratch, and suspect rabid animal. Section 2 clarifies the reporting requirements for a medical practitioner, hospital, veterinarian, or other person with knowledge of a person or animal suspected of being exposed to rabies. Section 3 requires veterinarians providing rabies vaccines to be licensed veterinarians and removes the Department of Natural Resources and Environmental Control from the list of entities authorized to inspect a cat or ferret owner’s certificate of a valid rabies vaccination. Section 4 provides that no licensed veterinarian or other person may vaccinate a native wild animal, a native wild animal hybrid, an exotic mammal or an exotic mammal hybrid with a rabies vaccine not intended for use in that animal except when specifically approved by the Department of Agriculture. Section 6 modifies the requirements for management of animals exposed to rabies including requirements for reports of suspected rabies exposure, requirements for release of quarantine, reporting of conditions of quarantine, disposition during quarantine, and surrender of dogs, cats, or ferrets for quarantine. Section 7 clarifies the responsibility and liability of an owner of an animal known or suspected to have exposed a human to rabies. Section 7 also establishes that law enforcement canines are not subject to being quarantined after biting a person if such bit occurred while the dog was being used for a law enforcement purpose. Section 10 removes the provision allowing the Director of Division of Public Health to require the reporting of all cases where humans were bitten by an animal known to transmit rabies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Drafting Manual.  HA 1 clarifies that House Bill No. 4 has a 3/5 voting requirement due to the imposition of additional monetary penalties.

 

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Number: HB 7
DHA Position: None
Status: Out of Committee in House

An Act to amend Title 11 of the Delaware Code relating to the Adult Correction Healthcare Review Committee.  This Act makes permanent and temporary changes to the Adult Correction Healthcare Review Committee ("ACHRC") which is a committee that serves in an advisory capacity to the Governor, General Assembly and the Commissioner of the Department of Correction on all matters relating to the provision of inmate health care services. The permanent changes include adding to ACHRC a healthcare professional who by virtue of the professional's training, education, and specialization hold expertise in correctional health and allowing either a psychiatrist or forensic psychologist to serve as a member. The temporary changes address the Department's response to COVID-19 from March 12, 2020 to March 30, 2021. This Act requires ACHRC to provide a report to the Governor, General Assembly and Commissioner a report regarding the efficacy and appropriateness of the Department's response identifying total numbers of correctional officers and inmates who tested positive and died from COVID-19 or COVID-19 related illnesses. The report also identifies the strengths, weaknesses, and opportunities for improvement and assesses the medical treatment provided to inmates who tested positive for COVID-19. The Act authorizes ACHRC to request records, consult with additional medical professionals and engage additional staff. Finally, for 2021 and 2022, the Chairpersons of the House and Senate Corrections Committees will be voting members of ACHRC, but cannot designate another individual to attend meetings or vote.
 

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Number: HB 8
DHA Position: None
Status: Out of Committee in House

An Act to amend Title 29 of the Delaware Code Relating to Drinking Water.  This Act mandates that the Department of Natural Resources and Environmental Control and the Division of Public Health establish maximum contaminant levels for specific contaminants found in drinking water in this state. Such contaminants include PFOA and PFOS, which are man-made chemicals. In certain studies, these chemicals were found to be associated with increased risks of chronic diseases. The Environmental Protection Agency, thus far, has not established a maximum contaminant levels, but have issued health advisories. The establishment of maximum contaminant levels is essential in order to protect the health and safety of all Delawareans from contaminants in drinking water.  HA 1, which clarifies that the Division of Public Health will work in collaboration with the Department of Natural Resources and Environmental Control. This amendment also changes the time, from 6 months to 9 months, by which the Department and Division shall conduct public hearings on proposed regulations. Finally, this amendment requires the Division, in collaboration with the Department, to develop and revise on a periodic basis, the maximum contaminant level by reviewing assessments conducted by the EPA, information published in peer-reviewed journals, the state-side survey data, and findings and recommendations resulting from public meetings of the Delaware PFAS Steering Committee and the Delaware PFAS Team, both of which are defined in the amendment, was placed with the Bill.
 

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Number: HB 20
DHA Position: Support
Status: Signed into Law 4/8/2021

An Act to amend Title 14 of the Delaware Code relating to the Provision of Free Feminine Hygiene Products.  This bill requires all public and charter schools which have students in grades 6-12 to provide free feminine hygiene products in 50% of the bathrooms used by students who can have a menstrual cycle. This bill also requires schools to publish on its website and post in its common areas the locations of the bathrooms where the hygiene products are provided. Finally, this bill provides that each school must consult with its school nurse regarding the products to be provided.  HA 1 changes the section of the Delaware Code being amended and the school year by which all public schools and charter schools must provide feminine hygiene products to students who can have a menstrual cycle from the 2020-2021 school year to the school year commencing in the fall of 2021. It also requires that feminine hygiene products be provided in ½ of bathrooms designated non-gender conforming.
 

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Number: HB 21
DHA Position: Support
Status: Out of Committee in House
 

An Act to amend Title 24 of the Delaware Code relating to an Advanced Practice Registered Nurse Compact.  This Act adopts the Advanced Practice Registered Nurse Compact. The Compact benefits the public by improving continuity of care, increasing license portability for advanced practice registered nurses, and increasing access to APRN care. Under the Compact, APRNs licensed in a Compact member state may practice in another Compact member state. In adopting the Compact, the state-based licensure system is preserved but communication between states is enhanced. This Act takes limited effect for the purpose of establishing and convening the Interstate Commission of APRN Compact Administrators (Commission) to adopt rules relating to its operation when 7 states have enacted it into law.
 

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Number: HB 31
DHA Position: None
Status: Out of Committee in House

An Act to amend Title 11 of the Delaware Code by Repealing Provisions Relating to Abortion.   This bill repeals certain provisions in Title 11 relating to abortion including provisions which treat abortion differently than other medical procedures, and provisions which criminalize women and the sale of medical devices and medicines.
 

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Number: HB 33
DHA Position: Support
Status: Ready for Governor for action

An Act to amend Title 24 of the Delaware Code relating to Physician Assistants.  This bill changes the relationship between physicians and physician assistants from supervisory to collaborative, in recognition of the evolving role of physician assistants and reflecting the education, training, and experience required for licensing, which emphasizes the team-based practice model. The bill retains a 1:4 ratio of physician assistants to physicians, unless a regulation of the Board increases or decreases the number. This limit of 1:4 does not apply to physicians and physician assistants who practice in the same physical office or facility building, such as an emergency department. This bill adds 2 physician assistants members recommended by the Regulatory Council for Physician Assistants to the Board of Medical Licensure and Discipline in lieu of 2 public members. The bill authorizes physician assistants to participate as uncompensated volunteers in public or community events.  HA 1, makes technical corrections to House Bill 33 to conform it to the requirements of the Legislative Drafting Manual and clarifies that the Regulatory Council for Physician Assistants is authorized to recommend, not elect, individuals from its membership for appointment to the Board of Medical Licensure and Discipline by the Governor.  SA 1 strikes House Amendment 1 to House Bill No. 33 in its entirety and makes technical corrections to House Bill No. 33 to conform it to the requirements of the Legislative Drafting Manual and clarifies that the Regulatory Council for Physician Assistants is authorized to recommend, not elect, individuals from its membership for appointment to the Board of Medical Licensure and Discipline by the Governor.

 

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Number: HB 35
DHA Position: Support
Status: Ready for Governor’s Action

An Act to amend Title 14 of the Delaware Code relating to The Behavioral Health Professional of the Year.  This Act establishes a Behavioral Health Professional of the year award program throughout the State. Through this legislation, the state will formally honor and recognize the work behavioral health professionals, such as, school counselors, social workers, licensed clinical social workers, school psychologists, and school nurses.

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Number: HB 39
DHA Position: Support
Status: Introduced and Assigned to Health & Human Development Committee in House
 

An Act to amend Title 18 of the Delaware Code relating to Health Insurance.  This bill requires that inadvertent out-of-network services be included in individual and group health insurance policies as well as group and blank health insurance policies. This bill defines inadvertent out-of-network services are those services that are covered under a policy or contract of health insurances, but are provided by an out-of-network provider in an in-network facility, or when in-network health care services are unavailable or not made available to the insured in the facility. Inadvertent out-of-network services also includes laboratory testing ordered by an in-network provider but performed by an out-of-network laboratory.
 

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Number: HB 40
DHA Position: No Position
Status: Introduced and Assigned to Health & Human Development Committee in House

An Act to amend Title 24 of the Delaware Code relating to the Offer of an Ultrasound before Terminating a Pregnancy.  This Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."
 

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Number: HB 47
DHA Position: No Position
Status: Out of Committee in House

An Act to amend Title 14 of the Delaware Code relating to Family Leave. In the 149th General Assembly House Bill No. 64 amended Title 29, Section 5120 to insure that mothers who are full time state employees may have up to 6 weeks of unpaid leave following the newborn(s) discharge from the hospital even if their FMLA benefits have been exhausted. This bill clarifies that school district employees are entitled to the same unpaid leave.

 

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Number: HB 48
DHA Position: Support
Status: Out of Committee in House

An Act to amend Title 16 of the Delaware Code relating to the Delaware Healthcare Commission.  This Act establishes a Health Care Provider Loan Repayment Program for New Primary Care to be administered by the Delaware Health Care Commission. Under the loan repayment program, the Health Care Commission may award education loan repayment grants to new primary care providers of up to $50,000 per year for a maximum of 4 years. Priority consideration may be given to DIMER-participating students and participants in Delaware based residency programs. Sites eligible to apply for grants on behalf of their new primary care providers must be located in underserved areas or areas of need and must accept Medicare and Medicaid participants. Grants to hospital sites must be matched on a dollar-for-dollar basis by the applicant hospital and the disbursement of grants from the program is contingent upon an initial, one-time contribution to the Health Care Provider Loan Repayment Program, in an amount Fiscal Year 21 appropriation of State funds up to a maximum of $1 million, from Delaware health insurers. This Act also provides that the Delaware Healthcare Commission may award Health Care Provider Repayment grants on a prorated annual basis.  HA 1 which clarifies that the disbursement of grants is contingent upon an initial, one-time contribution to the Health Care Provider Loan Repayment Program, in an amount Fiscal Year 22 appropriation of State funds up to an maximum of $1 million, from Delaware Health insurers was placed with the Bill.



 

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Number: HB 49
DHA Position: No Position
Status: Introduced and Assigned to the House Administration Committee

An Act to amend Tile 20 of the DE Code relating to Emergency Management. This Act recognizes the statutory authority of the Governor to act in the event of an emergency or disaster. During protracted emergencies and disasters, particularly those lasting more than 30 days, good governance requires participation by the General Assembly to approve renewal of Emergency Orders. This approval requirement may be waived only when it is not possible for both houses of the General Assembly to convene a quorum. The Governor retains the authority to terminate Emergency Orders without approval when the emergency or disaster has passed. Any new non-weather related emergency order issued within 6 months of the termination of a prior order and based upon substantially similar reasons shall be invalid unless approved by the General Assembly. Additionally, any non-weather related emergency order that requires the closure of any business, industry, religious, or non-profit facility must specifically delineate which type of business or facilities are to be closed.

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Number: HB 51
DHA Position: No Position
Status: Ready for Governor’s Action

An Act to amend Title 21 of the Delaware Code relating to Driving a Vehicle While Under the Influence.  This Act clarifies Delaware’s driving under the influence (“DUI”) law related to intensive inpatient or outpatient drug and alcohol treatment for felony DUI offenders. The current law has resulted in differing interpretations regarding treatment; specifically, whether treatment must be completed while incarcerated (Level V) or at home confinement (Level IV), rather than at community supervision (Level III or Level II). This has resulted in extending incarceration for some offenders or requiring out-of-state offenders to reside in Delaware to complete the mandated drug and alcohol abstinence program and drug and alcohol treatment program under § 4177(d)(9) of Title 21. Specifically, this Act clarifies when the required intensive inpatient or outpatient drug and alcohol treatment, as approved by the Court or the Department of Correction, can take place. The required program may be completed while the offender is on any level of supervision, not just Level V or IV. The treatment program may also be completed by an offender after arrest and prior to adjudication. permits the Superior Court to sentence felony DUI offenders to commence intensive treatment at any level of supervision, including community supervision. This Act also requires offenders to complete treatment within 9 months of the date of sentence or the date of release from Level V or Level IV, unless the Superior Court has granted the offender an extension for good cause. If an offender does not complete the treatment as required, the Superior Court must impose the portion of the minimum sentence suspended by the Court for the offender’s participation in the program.

 

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Number: HB 52
DHA Position: No Position
Status: Introduced and Assigned to the House Health and Human Development Committee

An Act to amend Title 16 of the Delaware Code relating to Immunity For Donated Food. This Act makes Subchapter III consistent with the Bill Emerson Act by protecting a “gleaner” from civil or criminal liability as it relates to their donation of the gleaned food. Since the Bill Emerson Act only partially preempts state law on this subject, the State is free to provide greater protection than the Bill Emerson Act. Therefore, this Act does all of the following: 1. Extends to those who, in good faith, donate food to state agencies the same immunity from civil or criminal liability that is granted to those who, in good faith, donate food to nonprofit organizations. 2. Specifically includes within the definition of “food” both perishable food and wild game to makes it clear that food, in all of its forms, is covered by this Act. Thus, under this Act, those donating deer to the Division of Fish and Wildlife’s Sportsmen Against Hunger program would be immune from civil or criminal liability as it relates to the donation. 3. Protects a person who, in good faith, provides services to a nonprofit organization or state agency related to the processing of wild game that is donated to a nonprofit organization or a state agency. The bill also clarifies the authority of Division of Public Health and Department of Agriculture relating to donated food.

 

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Number: HB 62
DHA Position: None
Status: Introduced and Assigned to the House Economic Development/Banking/Insurance & Commerce Committee

An Act to amend Title 6 of the Delaware Code relating to the Prohibition of Excessive and Unconscionable Prices for Prescription Drugs.  This Act is based on a Model Act to Prevent Excessive and Unconscionable Prices for Prescription Drugs developed by the National Academy for State Health Policy. It prohibits manufacturers from raising the price of prescription drugs outside of certain market conditions that might justify a price hike. It is specifically limited to the prices charged to consumers in the State of Delaware for generic and off-patent drugs. It authorizes the Attorney General to investigate price increases identified by State agencies above a certain threshold. Manufacturers or distributors may be fined up to $10,000 per day for sales which violate the Act. Each sale of a drug excessively and unconscionably priced constitutes a separate violation. A manufacturer or distributor is prohibited from withdrawing a generic or off-patent drug for sale in this State to avoid application of the Act.

 

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Number: HB 63
DHA Position: Support
Status: Ready for Governor’s Action
 

An Act to amend Title 16 of the Delaware Code relating to the Childhood Lead Poisoning Prevention Act.  This Act requires the Department of Health and Social Services to provide staff support for the Childhood Lead Poisoning Advisory Committee. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: HB 65
DHA Position: No Position
Status: Signed into Law 2/8/2021

An Act to amend Title 19, 29 and 30 of the Delaware Code relating to COVID-19 Related Unemployment Benefits, Assessments and Rulemaking Authority.  This bill provides COVID-19 related relief to both claimants receiving unemployment benefits and employers who are assessed unemployment taxes, and extends the end date of the Secretary of Labor’s COVID-19 related rulemaking authority. Section 1 waives the 13-week waiting period for the state to "trigger on" to pay extended unemployment benefits in periods of high unemployment. Section 2 establishes the 2021 new employer assessment rate, average industry assessment rate, and average construction industry assessment rate at the same rate as 2020 in order to avoid an increase in these rates as a result of the increase in unemployment claims due to COVID-19. Section 3 extends the provisions in H.B. 352 from the 150th General Assembly authorizing the Delaware Secretary of Labor to issue emergency rules amending the Delaware Unemployment Insurance Code to deal with the effects of COVID-19 and implement federal programs providing unemployment benefits to respond to COVID-19. Section 4 exempts unemployment compensation benefits received in 2020 from the calculation of Delaware adjusted gross income so that unemployment claimants will not have to pay state taxes on the benefits they received during the pandemic.
 

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Number: HB 77
DHA Position: No Position
Status: Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

An Act to amend Title 11 of the Delaware Code relating to the Prohibition of Harmful Flame Retardants.  This Act prohibits the manufacture, sale, or distribution of children's products, upholstered furniture used in residences, and mattresses that contain harmful flame retardant chemicals. These flame retardants have been found to cause cancer, particularly to firefighters who are extinguishing fires that involve products that contain these chemicals. This Act does not apply to any of the following: 1. The sale of used products. 2. Furniture purchased for public use in public facilities 3. Thread or fiber used for stitching mattress components. 4. Children’s products that are not primarily intended for use in the home. 5. Products being transferred to a vehicle at a warehouse or distribution center for delivery in another state. 6. Electronic components. This Act takes effect on July 1, 2021.
 

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Number: HB 87
DHA Position: None
Status: Out of in Senate

An Act to amend Title 11 of the Delaware Code relating to Human Trafficking Interagency Coordinating Council.  This bill increases the membership of the Human Trafficking Interagency Coordinating Council to 24 members by adding representatives from the House of Representatives, the Senate, the Criminal Justice Council, the Department of Transportation, and the Division of Professional Regulation, a person who has been a victim of human trafficking, and a person who has prior experience working with victims of human trafficking in a legal or advocacy capacity. This bill also changes the quorum for the Council from 7 members to 13.
 

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Number: HB 88
DHA Position: None
Status: Out of Committee in House
 

An Act to amend Title 11 of the Delaware Code relating to Minimum Wage.  This bill removes the training minimum wage and youth minimum wage, which takes effect 90 days after enactment.
 

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Number: HB 91
DHA Position: None
Status: Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House
 

An Act to amend Titles 6 of the Delaware Code relating to Prohibited Trade Practices.  This Act amends Delaware’s Consumer Fraud Act (Subchapter II, Chapter 25, Title 6 of the Code), to give Delaware consumers and businesses the protection against unfair acts or practices in commerce that the General Assembly intended to give them when it enacted the Consumer Fraud Act. When the General Assembly enacted the Consumer Fraud Act in 1965, it stated, in what is now § 2512 of Title 6 of the Code, that the purpose of the Consumer Fraud Act is “to protect consumers and legitimate business enterprises from unfair or deceptive merchandising practices in the conduct of any trade or commerce in part or wholly within this State,” and that “[i]t is the intent of the General Assembly that such practices be swiftly stopped.” The act also amends § 2513(a) to add the term “receipt,” to clarify that persons who provide goods or services at no charge to consumers—such as social media companies funded by advertising revenue—are not precluded from being held liable for engaging in consumer fraud simply because they may not directly sell or lease their goods or services to consumers.
 

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Number: HB 95
DHA Position: None
Status: Passed in Senate

An Act to amend Titles 18, 29, and 31 of the Delaware Code relating to Insurance Coverage of Epinephrine Autoinjectors. This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for epinephrine autoinjectors for individuals who are 18 years of age or under and must include at least 1 formulation of epinephrine autoinjectors on the lowest tier of the drug formulary developed and maintained by the carrier if the insurance plan has tiers.
 

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Number: HB 97
DHA Position: None
Status: Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

An Act to amend Title 6 of the Delaware Code relating to Prohibited Trade Practices and Pay with Cash.  This Act prohibits the seller of consumer goods or services from refusing to accept cash payment, except in limited circumstances. It creates graduated civil penalties for violations and provides consumers a private right of action to recover double damages, including consequential damages, for a second violation of the law and triple damages for subsequent violations. The Division of Consumer Protection has authority to enforce the law.
 

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Number: HB 100
DHA Position: None
Status: Out of Committee in House

An Act to amend Titles 14 of the Delaware Code relating to Free Public Schools.  This Act establishes a mental health services unit for Delaware elementary schools. The unit is at a ratio of 250 full-time equivalent students grades K-5 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally a unit ratio of 700 full time equivalent students for grades K-5 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in elementary schools. Mental Health disorders are the most common health problem for school aged youth. According to the National Institute of Mental Health (NIMH), one in five youth are affected by a mental health disorder. Additionally, 50% of lifetime mental illnesses begin by age 14. Untreated mental illness leads to negative outcomes including increased risk of dropout, homelessness, substance abuse, other chronic illnesses, incarceration, and possibly suicide. According to the National Alliance on Mental Health, ninety percent of people who have taken their own life have had an underlying mental health condition, and suicides are on the rise. According to the Center for Disease Control and Prevention, suicides are now the second leading cause of death for youth ages 10-14. Delaware schools need trained and experienced mental health professionals to provide prevention and support programs and services to students. Currently, as reported by Delaware school districts, 86% of elementary schools do not employ a school social worker, and ratios of students to school counselors and school psychologists far exceed national best practices. This bill will lower ratios and increase access to mental health services for elementary school students.
 

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Number: HB 105
DHA Position: None
Status: Introduced in House and Assigned to Appropriations Committee

An Act making appropriations for the Expense of the State Government for the fiscal year ending June 30, 2022; specifying certain procedures, conditions and limitations for the expenditure of such funds; and amending certain pertinent statutory provisions.
 

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Number: HB 111
DHA Position: None
Status: Assigned to Banking, Business & Insurance Committee in Senate

An Act to amend Title 18 of the Delaware Code Relating to Insurance Discrimination Based on Pre-Exposure Prophylaxis Medication to Prevent HIV Infection.  Individuals who are at very high risk of getting HIV can take pre-exposure prophylaxis (“PrEP”) medication to reduce the risk of HIV transmission. PrEP medication reduces the risk of HIV transmission by up to 99% if taken daily. This Act prohibits discrimination because an individual takes PrEP medication in the issuance or renewal of disability, long-term care, and life insurance.
 

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Number: HB 122
DHA Position: None
Status: Out of in House

An Act to amend Title 19 of the Delaware Code Relating to Employment of and Wages Payable to Persons with Disabilities.  This Act is called the Jamie Wolfe Employment Act in recognition of Jamie Wolfe, a powerful disability rights advocate who worked tirelessly on behalf of people with disabilities for equal rights and equal access to education, housing, competitive and integrated employment, transportation and community-based services. The Act requires that authorization to pay individuals with disabilities less than the minimum wage required to be paid to other employees will be phased out by July 1, 2023. It is consistent with the goals of the Employment First Act enacted by the 146th General Assembly and with national trends. In September 2020, the United States Commission on Civil Rights recommended that 14(c) certificates be phased out. The Employment First Oversight Commission created in the Employment First Act is charged with the responsibility of developing and implementing a plan for the phase-out and insuring that the needs of affected providers and employees with disabilities working at less than minimum wage are considered as the phase-out is implemented.
 

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Number: HB 129
DHA Position: None
Status: Introduced and Assigned to Education Committee in House

An Act to amend Title 14 of the Delaware Code relating to Education.  This Act requires high needs elementary schools, including high needs elementary charter schools, to have school-based health centers. The State will pay the start-up costs for each school-based health center at 2 high needs elementary schools per year until each high needs elementary school has a center. High needs elementary schools are defined as any elementary school in the top quartile of 3 or more in percentage of low-income students, percentage of English learners, percentage of students with disabilities, percentage of minority students, or having 90% of its students classified as low-income, English learners, or minority. This Act also allows high needs elementary schools having pre-existing school-based health centers to apply for reimbursement of previously expended funds necessary to establish said health center. To the extent that there are any public high schools without a school-based health center upon the effective date of this Act, the State will fund start-up costs for a center at such a public high school.
 

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Number: HB 141
DHA Position: None
Status: Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

An Act to amend Title 24 of the Delaware Code relating to Advanced Practice Registered Nurses.  This Act is a Companion Bill to House Bill No. 21. It aligns the Delaware Board of Nursing statute with the APRN Compact to advance APRN practice through elimination of barriers and improving access to care for Delawareans. The Act removes the requirement for a collaborative agreement for licensure purposes although employers and health care organizations may still require one. The Act amends the definitions of “APRN” and “full practice authority” so that they are consistent with national standards. The Act also removes the definition of “independent practice” since ,nationally, “independent practice” means having “full practice authority”. This Act grants full practice authority in conjunction with licensure and removes the current requirements for obtaining independent practice. The Act changes the composition of the APRN Committee to include 9 APRNs and clarifies the Committee’s purpose which is to make recommendations to the Delaware Board of Nursing regarding: APRN practices, the Compact and licensure.
 

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Number: HB 150
DHA Position: None
Status: Assigned to Appropriations Committee in House
 

An Act to amend Title 4, 11, 16 of the Delaware Code Relating to the Delaware Code Creating the Delaware Marijuana Control Act.  The Delaware Marijuana Control Act regulates and taxes marijuana in the same manner as alcohol. It allows adults over the age of 21 to legally possess and consume under 1 ounce of marijuana for personal use. It does not permit people to grow their own marijuana.
 

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Number: HB 200
DHA Position: No Position
Status: Assigned to Environment & Energy Committee in Senate

An Act to amend the Delaware Code relating to Clean Water for Delaware.  Many of the State’s waters do not meet water quality standards to support their designated uses, such as for drinking, swimming or supporting aquatic life. The Clean Water for Delaware Act establishes a framework for assessing needs and planning and implementing projects that support Delaware’s efforts to improve the quality of the State’s water supply and waterways. A Delaware Clean Water Trust account is created as a funding source for executing projects highlighted by this framework. The Trust account will have oversight from the Clean Water Trust Oversight Committee (the “Committee”). The Committee will draw upon recommendations from the Water Infrastructure Advisory Council, (WIAC), the county Conservation Districts’, experts in the effected Cabinet agencies and other public input with the goal of assisting municipal and county governments and others in implementing affordable water quality projects. The Committee is required to develop and publish an Annual Report and multi-year Strategic Plan for Clean Water with annual updates.  HA 2 names the annual report that the Clean Water Trust Oversight Committee must produce “The Mulrooney Report” after former Representative Michael Mulrooney. This amendment adds that the Strategic Plan include a prioritized list of proposed projects including those projects with increased accessibility to lower-income and traditionally underserved communities. The amendment increases the number of members to The Water Infrastructure Advisory Council by adding a member representing the water utilities, the president of 1 of the conservation districts, and a member of the Farm Bureau, who shall serve as non-voting members, and at the pleasure of the Governor. The Amendment provides that these nonvoting members may provide recommendations to the Council relating to stormwater, drainage, flood protection, resource and conservation development projects, agricultural and conservation cost share, cover crops, conservation reserve enhancement, and tax ditches. This amendment also makes clear that only the voting members of the Water Infrastructure Advisory Council can vote on motions, approve the 6-year water supply and wastewater infrastructure plan, the assessment, and recommendations for loans or grants. Finally, this amendment provides for at least 3 public meetings prior to publication of the initial Annual Report and Strategic Plan, and thereafter, at least 1 public meeting prior to publication of the Annual Report and annually updated Strategic Plan. All such meetings must comply with § 10004 of Title 29.
 

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House Concurrent Resolutions

Number: HCR 2
DHA Position: No Position
Status: Status:  Passed in House & Senate
 

This House Concurrent Resolution honors Delaware's first responders and essential workers who have continued performing duties that are vital to the health, safety, and well-being of all Delawareans as we combat the COVID-19 pandemic.
 

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Number: HCR 3
DHA Position: None
Status: Introduced and Assigned to Administration Committee in House

This concurrent resolution establishes the Delaware Corrections Investigation Task Force to investigate and make findings and recommendations regarding the treatment of inmates and the quality of healthcare provided to inmates in this State's correctional institutions. The Task Force shall complete its investigation and findings 90 days after the Task Force’s initial meeting and issue a final report containing a summary of its work, findings, and recommendations.
 

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Number: HCR 6
DHA Position: None
Status: Passed in House & Senate

This Concurrent Resolution recognizes January 2021 as Human Trafficking Awareness Month in Delaware.
 

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Number: HCR 8
DHA Position: None
Status: Passed in House & Senate

This concurrent resolution designates January 24-30, 2021 as Certified Registered Nurse Anesthetists' (CRNA) Week in the State of Delaware.
 

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Number: HCR 10
DHA Position: None
Status: Introduced and Assigned to Administration Committee in House

Requesting the Division of Research, the Office of Management and Budget, and the Delaware Department of Technology & Information to cooperate in creating a detailed and implementable plan to stream audio and video of all floor and committee action of the House of Representatives and Senate; record all such material; and make these recordings available to the public via an online archive. The resolution further requests the 151st General Assembly and the governor to approve and act on the finished plan and authorize the funding needed to implement it.
 

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Number: HCR 11
DHA Position: None
Status: Passed in House & Senate

Recognizing February 12, 2021 as “World Cholangiocarcinoma Day” in Delaware.  Cholangiocarcinoma, also known as bile duct cancer, is a cancer that occurs in the bile ducts in or outside the liver. This Resolution recognizes February 12, 2021 as "World Cholangiocarcinoma Day" in Delaware.
 

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Number: HCR 15
DHA Position: None
Status: Passed in House & Senate

This House Concurrent Resolution designates the 21st day of the Month of March, 2021 as “Rock Your Socks for World Down Syndrome Day” and celebrates the beauty and contributions that people with Down syndrome make in Delaware.
 

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Number: HCR 16
DHA Position: None
Status: Passed in House & Senate

This Concurrent Resolution recognizes March 2021 as Rare Kidney Disease Month in Delaware.
 

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Number: HCR 17
DHA Position: None
Status: Passed in House & Senate

This House Concurrent Resolution designates March 24, 2021 as "Equal Pay Day" in the State of Delaware.
 

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Number: HCR 18
DHA Position: None
Status: Passed in House & Senate

This Resolution recognizes the week of April 11-17, 2021 as "Black Maternal Health Awareness Week" in Delaware.
 

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House Joint Resolutions

Number: HJR 1
DHA Position: No Position
Status:

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House Resolutions

Senate Bills

Number: SB 15
DHA Position: None
Status: Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

An Act to amend Title 19 of the Delaware Code relating to Minimum Wage.  This bill provides for gradual increases in the Delaware minimum wage to $15 over a period of several years.  SA 1 makes a technical correction to clarify that the minimum wage will remain at its current level of $9.25 per hour until January 1, 2022.

 

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Number: SB 17
DHA Position: No Position
Status: Stricken in Senate

An Act to amend Title 24 of the Delaware Code relating to the Offer of an Ultrasound Before Terminating a Pregnancy.  This Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."
 

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Number: SB 20
DHA Position: No Position
Status: Assigned to Public Safety & Homeland Security Committee in House

An Act to amend Title 6 of the Delaware Code relating to Parking.  This Act clarifies that a person with a special license plate or permit for persons with disabilities may park for an unlimited period where the length of time is otherwise limited and must be able to park in a metered parking space for at least 1 hour. This Act clarifies that it is a violation of the state equal accommodations law to prohibit parking as authorized for a person with a special license plate or permit for persons with disabilities. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 31
DHA Position: Support
Status: Became part of the Constitution on 1/28/2021

An Act concurring a proposed amendment to Article 1 of the Delaware Constitution relating to Equal Rights.  This Act is the second leg of a constitutional amendment to add race, color, and national origin to § 21 of Article I of the Delaware Constitution to explicitly declare that protection against discrimination based on race, color, and national origin is one of Delaware's fundamental rights. The first leg of this constitutional amendment was Senate Bill 191 of the 150th General Assembly, published in Chapter 287 of Volume 82 of the Laws of Delaware. On passage of this second leg by this General Assembly this amendment will become part of the Delaware Constitution. Since the 14th Amendment to the United States Constitution was adopted on July 9, 1868, with Delaware ratifying it in 1901, at least 15 states have added a provision to their state constitution that prohibits the denial or abridgement of equal rights under the law based on race, color, or national origin. In 2019, Delaware amended the state constitution to prohibit the denial or abridgement of equal rights under the law based on sex, but no such prohibition exists as to race, color, or national origin. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly when the General Assembly amends the Delaware Constitution.
 

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Number: SB 32
DHA Position: None
Status:
Passed in House

An Act to amend the Delaware Code relating to Discrimination.  A 2019 study found the following: (1) Black women are 80% more likely to change their natural hair to meet social norms or expectations at work. (2) Black women are 50% more likely to be sent home or know of another Black woman sent home from work because of her hair. (3) Black women are 30% more likely to be made aware of a formal workplace appearance policy. Delaware law prohibits discrimination on the basis of race in a variety of settings. This Act makes clear that race also includes traits historically associated with race, including hair texture and a protective hairstyle, which includes braids, locks, and twists. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 33
DHA Position: No Position
Status: Signed into Law 2/10/2021

An Act to amend Title 26 of the Delaware Code relating to Renewable Energy Portfolio Standards.  This Act modifies the Renewable Energy Portfolio Standards Act to do the following: (1) Continues increasing the required minimum percentage of electrical energy sales to Delaware end-use customers from renewable energy sources through 2035. (2) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. (3) Eliminates “cost-cap” mechanism for freezing the RPS and replaces it with a market-based mechanism. (4) Clarifies the rulemaking authority for this Act.
 

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Number: SB 38
DHA Position: No Position
Status: Substituted in Senate

An Act to amend Title 11 of the Delaware Code relating to Expungement of records of Adult Arrest and Conviction.  In 2019, the 150th General Assembly enacted Senate Substitute No. 1 for Senate Bill No. 37, which reformed the adult expungement process in this State. After a year of implementing this new expungement process, this Act makes the following changes to clarify language or increase the efficiency of the process: (1) To clarify that the adult expungement law under Subchapter VII of Chapter 43 of Title 11 of the Delaware Code does not apply to a juvenile adjudication of delinquency. (2) To clarify that “pending criminal charges” does not include an alleged violation of Section 904 (e) or (f) of Title 4, Section 4764(c) of Title 16, or a Title 21 offense. (3) To clarify that certain crimes that are not eligible for a mandatory or discretionary expungement under § 4372(f) of Title 11 are eligible for a discretionary expungement after an unconditional pardon is granted by the Governor. (4) To clarify that the requirement that a person may not receive an expungement for 10 years after a prior expungement is to be applied prospectively to expungements granted after December 27, 2019. (5) To clarify that the requirement that all fines, fees, and restitution be paid before an expungement is granted applies to the conviction for which the person is seeking the expungement, not all fines, fees, or restitution the person might owe. (6) To provide for the expungement of certain cases without a disposition. (7) To clarify that a case terminated in favor of an accused is to be expunged even if a person has other prior or subsequent convictions that are not eligible for expungement. (8) To include certain criminal contempt of court orders, criminal contempt of a protection from abuse order, and breach of release as misdemeanor crimes of domestic violence that are not subject to mandatory expungement. (9) To permit a person to include in a petition for discretionary expungement a crime that is eligible for mandatory expungement and to authorize Family Court and Superior Court to grant a mandatory expungement. (10) To clarify that a discretionary expungement that is sought after an unconditional pardon by the Governor is to follow the procedures for a discretionary pardon in § 4374(c) through (h) and (j) of Title 11 and is not to be restricted by any of the eligibility requirements or exclusions contained in § 4374 of Title 11.
 

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Number: SS 1 for SB 38
DHA Position: None
Status: Assigned to Judiciary Committee in House
 

An Act to amend Title 11 of the Delaware Code relating to Expungement of Records of Adult Arrest and Conviction.  In 2019, the 150th General Assembly enacted Senate Substitute No. 1 for Senate Bill No. 37, which reformed the adult expungement process in this State. After a year of implementing this new expungement process, Senate Bill No. 38 was introduced to make changes to clarify language or increase the efficiency of the process. Like Senate Bill No. 38, this Substitute does the following: (1) Clarifies that the adult expungement law under Subchapter VII of Chapter 43 of Title 11 of the Delaware Code does not apply to a juvenile adjudication of delinquency. (2) Clarifies that “pending criminal charges” does not include an alleged violation of Section 904 (e) or (f) of Title 4, Section 4764(c) of Title 16, or a Title 21 offense. (3) Clarifies that certain crimes that are not eligible for a mandatory or discretionary expungement under § 4372(f) of Title 11 are eligible for a discretionary expungement after an unconditional pardon is granted by the Governor. (4) Clarifies that the requirement that a person may not receive an expungement for 10 years after a prior expungement is to be applied prospectively to expungements granted after December 27, 2019. (5) Clarifies that the requirement that all fines, fees, and restitution be paid before an expungement is granted applies to the conviction for which the person is seeking the expungement, not all fines, fees, or restitution the person might owe. (6) Clarifies that a case terminated in favor of an accused is to be expunged even if a person has other prior or subsequent convictions that are not eligible for expungement. (7) Includes certain criminal contempt of court orders, criminal contempt of a protection from abuse order, and breach of release as misdemeanor crimes of domestic violence that are not subject to mandatory expungement. (8) Clarifies that a discretionary expungement that is sought after an unconditional pardon by the Governor is to follow the procedures for a discretionary expungement in § 4374(c) through (h) and (j) of Title 11 and is not to be restricted by any of the eligibility requirements or exclusions contained in § 4374 of Title 11. This Substitute differs from Senate Bill No. 38 as follows: (1) This Substitute removes the process for expunging certain cases that do not have a disposition. (2) While this Substitute also permits a person to include in a petition for discretionary expungement a crime that is eligible for mandatory expungement and to authorize Family Court and Superior Court to grant a mandatory expungement, this Substitute modifies that language.
 

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Number: SB 44
DHA Position: None
Status: Out of Committee in House

An Act to amend Title 16 of the Delaware Code relating to Drug Overdose Fatality Review Commission.  This Act allows the Drug Overdose Fatality Review Commission ("Commission") to review all deaths related to a drug overdose, regardless of the type of drug implicated in the overdose death. This change will allow the Commission to obtain and review all medical records, including substance abuse and mental health records, when there is a death related to a drug overdose. This approach will allow the Commission to monitor the evolving nature of societal drug use over time and make recommendations that are proactive in reducing the harm from emerging trends. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  SA 1 removes the word "all" from the current law. Currently, the Drug Overdose Fatality Review Commission ("Commission") uses a sampling method since there are so many overdose deaths to review each year. The removal of "all" allows the Commission to review every death if resources allow, but also reflects the current process that reviews a sample of the deaths.

 

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Number: SB 53
DHA Position: None
Status: Introduced and Assigned to Health & Social Services Committee in Senate

An Act to amend Title 16 of the Delaware Code relating to Criminal Violence Risk Assessment.  On November 3, 2015, the United States Centers for Disease Control and Prevention (CDC) published a report titled "Elevated Rates of Urban Firearm Violence and Opportunities for Prevention – Wilmington, Delaware" in which the CDC made 2 major recommendations: (1) the creation and adoption of a robust risk assessment tool and (2) an integrated, statewide data collection system. To date, no meaningful action has been taken at any level to implement the CDC's recommendations. This Act adopts the CDC's recommendations and directs the pertinent State agencies to implement these recommendations.
 

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Number: SB 55
DHA Position: None
Status: Assigned to Health & Human Development Committee in House

An Act to amend Titles 16 of the Delaware Code relating to School Access to Epinephrine Autoinjectors.  This Act creates emergency access to epinephrine that allows an institution of higher education to acquire and stock a supply of epinephrine autoinjectors if an employee or agent has completed a training program. This Act allows the individual who has completed the training program to provide an epinephrine autoinjector to someone experiencing anaphylaxis for immediate self-administration or administer an epinephrine autoinjector to someone experiencing anaphylaxis. Before an individual administers an epinephrine autoinjector under this Act, the individual must notify EMS immediately, and after administration, must report the administration to the prescribing health-care provider. This Act also makes technical corrections to conform existing law to the creation of the new subchapter and to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 58
DHA Position: None
Status: Introduced and Assigned to Executive Committee in Senate
 

An Act to amend Title 20 of the Delaware Code relating to Public Health Emergencies.  This Act removes the State’s authority to forcibly isolate, quarantine, vaccinate, or treat individuals against their will for COVID-19 during a state of emergency relating to COVID-19. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 59
DHA Position: None
Status: Substituted in Senate

An Act to amend Title 16 of the Delaware Code relating to Membership of the Primary Care Reform Collaborative.  This Act revises the appointment process for members of the Primary Care Reform Collaborative who are not members by virtue of position. Under this Act, these members are appointed by a government official to comply with the requirements of the Delaware Constitution.
 

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Number: SS1 for SB 59
DHA Position: None
Status: Out of Committee in House
 

An Act to amend Title 16 of the Delaware Code relating to Membership of the Primary Care Reform Collaborative.  This Act revises the appointment process for members of the Primary Care Reform Collaborative who are not members by virtue of position. Under this Act, these members are appointed by a government official to comply with the requirements of the Delaware Constitution. This Substitute differs from SB 59 by designating the President Pro Tempore of the Senate as the appointing authority for a self-insured employer, per the request by the Delaware Department of Insurance not to serve in that role.
 

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Number: SB 60
DHA Position: None
Status: Out of Committee in House

An Act to amend Title 16 of the Delaware Code relating to Medical Marijuana.  This Act allows nurse practitioners and physician assistants to recommend medical marijuana for adult patients. This Act does not require the Department of Health and Social Services to promulgate new regulations before implementing this Act because § 10113 of Title 29 exempts amendments to existing regulations to make them consistent with changes in basic law from the process otherwise required under Chapter 101 of Title 29. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  SA 1 1. Corrects the title of advanced practice registered nurses. 2. Adds pediatric psychiatrists and developmental pediatricians to the list of specialists authorized to recommend medical marijuana for pediatric patients, which is consistent with current Department of Health and Social Services regulations.

 

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Number: SB 64
DHA Position: None
Status: Out of Committee in Senate

An Act to amend Title 21 of the Delaware Code relating to the Removal of Ice and Snow from Vehicles.  This Act requires that accumulated snow and ice be removed from surfaces of a vehicle before it is operated and imposes a civil penalty for a violation. This Act also creates a civil penalty for each instance where snow or ice dislodges from a moving vehicle and causes property damage or physical injury but this penalty is not an exclusive remedy for property damage or physical injury.
 

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Number: SB 69
DHA Position: None
Status: Signed into Law 3/30/2021
 
 

An Act to amend Chapter 268, Title 82 of the Laws of Delaware relating to Death Certificates.  Under House Bill No. 354, which was enacted by the 150th General Assembly, death certificates may be electronically filed with the Delaware Vital Events Registration System until March 30, 2021. This Act removes the sunset provision, so that death certificates may continue to be electronically filed.
 

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Number: SB 73
DHA Position: None
Status: Assigned to Health & Human Development Committee in House

An Act to amend Title 24 of the Delaware Code relating to License to Practice Dentistry.  This Act permits an individual to practice dentistry for the Division of Public Health (Division) under a provisional license. Delaware law provides several routes for entering practice on an interim basis until full licensure can be obtained, however, none of these routes specifically permit hiring by the Division with the intent to practice in a state-supported dental clinic. This Act will assist the Division in recruiting dentists to serve those in need. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  SA 1, which adds a 6 month enactment date to the bill, was placed with the Bill.

 

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Number: SB 76
DHA Position: None
Status: Out of Committee in House

An Act to amend Title 16 of the Delaware Code relating to Fentanyl Testing Strips.  This Act authorizes the distribution of testing strips to determine the presence of fentanyl or fentanyl-related substances. Fentanyl testing strips could be distributed to the community along with opioid overdose reversal medication as a harm reduction strategy in the opioid addiction crisis. A number of states have authorized fentanyl testing strips distribution in recent years including Maryland, Rhode Island, the District of Columbia, and North Carolina. Twenty-seven states currently provide fentanyl testing strips through needle exchange programs. According to an April 2019 Delaware Health Alert published by the Department of Health and Social Services, fentanyl is a potent opioid that is increasingly being mixed into illicitly sold drugs, often without the buyer’s knowledge. In Delaware, fentanyl was involved in 72% of overdose deaths during 2018, up from 58% in 2017 according to the state’s Division of Forensic Science. During 2018, there were more fatal overdoses than any year on record with 400 deaths. This Act exempts fentanyl testing strips from the drug paraphernalia statute. This Act provides the limitations on liability for lay individuals and organizations in Section 1 of this Act because of the extraordinary epidemic of death that is occurring in Delaware as a result of fentanyl being mixed into illicit drugs. It is similar to liability exemptions under § 8135(b) of Title 10 and § 6801 of Title 16 of the Delaware Code for certain types of volunteers and Good Samaritans and is an exception to the general public policy against civil immunity.
 

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Number: SB 77
DHA Position: None
Status: Assigned to Health & Human Development Committee in House

An Act to amend Title 16 of the Delaware Code relating to the Community-Based Naloxone Access Program.  This Act clarifies that a lay individual who administers naloxone under the Community-Based Naloxone Access Program is protected from civil liability for rendering emergency care under § 6801 of Title 16, the general Good Samaritan law.
 

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Number: SB 84
DHA Position: None
Status: Out of Committee in House

An Act to amend Title 16 of the Delaware Code relating to Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Residents or Patients.  This Act elevates medication diversion out of the definition of abuse for the sake of clarity and is not intended to change existing reporting obligations for facilities under Subchapter III of Chapter 11 of Title 16 of the Delaware Code (“Subchapter III”). This Act ensures reporting requirements are triggered for facilities and hospitals covered by Subchapter III if medication diversion occurs in the facilities or hospitals. Reporting is essential to the Department of Justice’s ability to prosecute and recommend treatment, when appropriate, for the person committing medication diversion. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including standardizing the order of words in the phrase “abuse, neglect, mistreatment, financial exploitation, or medication diversion” to ensure consistency. Medication diversion poses a threat to patient and resident safety in long-term care facilities, psychiatric facilities, nursing facilities, and hospitals. Risks include patients and residents receiving inadequate pain relief, exposure to infectious diseases from contaminated needles and drugs, and potentially unsafe care. The Drug Enforcement Administration recognizes 5 classes of drugs that are frequently abused: opioids, depressants, hallucinogens, stimulants, and anabolic steroids. Opioid abuse is the major cause of medication diversion. Medication diversion is commonly underreported. The sooner medication diversion is reported, the sooner interventions can be made to protect the health and safety of a patient or resident and to provide drug treatment or other help to a healthcare worker.
 

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Number: SB 85
DHA Position: None
Status: Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

An Act to amend Title 12 of the Delaware Code Relating to the Public Guardian.  This bill allows the Public Guardian to collect fees for services in accordance with standards to be established by the Guardianship Commission and approved by the Court of Chancery.
 

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Number: SB 87
DHA Position: None
Status: Out of Committee in Senate

An Act to amend Title 16 of the Delaware Code Relating to Anatomical Gifts and the Delaware Health Information Database.  This Act requires the Delaware Health Information Network (“DHIN”) to provide the Gift of Life program – the State’s approved organ procurement organization, or “OPO” – with access to data on potential anatomical donors when the data is needed to determine the suitability for organ, tissue and eye donation for any purpose identified in Delaware’s Uniform Anatomical Gift Act. This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee's task force under Senate Resolution No. 9 of the 150th General Assembly.
 

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Number: SB 88
DHA Position: None
Status: Out of Committee in Senate

An Act to amend Title 16 of the Delaware Code Relating to the Delaware Health Information Network and the Protection and Use of Information.  This Act is the result of the 2019 report of the Joint Legislative Oversight and Sunset Committee’s task force under Senate Resolution No. 9 of the 150th General Assembly, which recommended permitting the Delaware Health Information Network (“DHIN”) to use clinical healthcare data in its possession for appropriate analytic and public health purposes. This Act largely tracks current law regarding the use of health care claims data that DHIN holds. It requires DHIN to promulgate regulations to permit appropriate health-care payers, providers, purchasers, or researchers to access clinical data in DHIN’s possession under terms and conditions that DHIN and its Board of Directors establish. This Act maintains and enhances language that requires DHIN to disclose individually-identifiable patient information only with direct patient consent or for purposes permitted by the federal Health Insurance Portability and Accountability Act of 1996 and associated regulations (“HIPAA”). This Act also provides additional protections to consumers, by codifying DHIN’s general practice of providing Delaware residents with access to their own health information and requiring DHIN to promulgate regulations giving residents the ability to require DHIN to provide that health information to third parties under appropriate terms and conditions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: SB 94
DHA Position: None
Status: Introduced and Assigned to Elections & Government Affairs Committee in Senate

An Act to amend Title 29 of the Delaware Code and Chapter 265, Volume 82 of the Laws of Delaware relating to the Freedom of Information Act.  Senate Substitute No. 1 for Senate Bill No. 243 (150th General Assembly) enacted § 10006A of Title 29, which allows an advisory body to hold a virtual meeting, if there is an anchor location that is open to the public, allows any public body to hold public meetings during a state of emergency, and clarified that public bodies must allow a member with a disability to attend a meeting electronically as a reasonable accommodation under § 4504 of Title 6, unless doing so would present an undue burden. Senate Substitute No. 1 for Senate Bill No. 243 sunsets on June 30, 2021. During the last year, citizens and members of public bodies have become comfortable with virtual meetings and attendance and participation in public meetings has increased because virtual meetings are more convenient and accessible to many citizens. Thus, this Act makes permanent changes to the Freedom of Information Act (“FOIA”), Chapter 100 of Title 29, that allow any public body to hold a virtual meeting if there is a physical anchor location where the public can attend the meeting in person and other notice and access requirements are met. Specifically, this Act does all of the following: 1. Repeals the current video-conferencing provision of § 10006 of Title 29 and the temporary provisions of § 10006A of Title 29 and replaces these sections with permanent virtual meeting requirements. 2. Maintains the requirement that a public body must allow a member with a disability to attend a meeting electronically as a reasonable accommodation except if doing so imposes an undue burden on a public body whose members are all elected by the public. 3. Requires that a virtual meeting conform to all requirements under FOIA, including adequate notice that includes information on how the public may view and provide comment, if public comment is accepted. 4. Provides that during a state of emergency, or to prevent a public health emergency, all public bodies may hold virtual meetings without an anchor location. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.
 

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Senate Concurrent Resolutions

Number: SCR 4
DHA Position: Support
Status: Passed in Senate & House

This Senate Concurrent Resolution proclaims January 23, 2021, as "Maternal Health Awareness Day" in the State of Delaware.
 

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Number: SCR 8
DHA Position: None
Status: Passed in Senate

This Senate Concurrent Resolution declares that gun violence is a public health crisis, that ending the gun violence devastating Delaware is a policy priority, and supporting policy and legislative solutions that will make schools safe, confront armed hate and extremism, prevent suicide, and center and support survivors of gun violence.
 

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Number: SCR 13
DHA Position: None
Status: Passed in Senate & House

This Concurrent Resolution recognizes November 2021 as "Autoimmune Disease Awareness Month" in the State of Delaware.
 

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Number: SCR 14
DHA Position: None
Status: Passed in Senate

This Resolution recognizes April 2021 as "Child Abuse Prevention Month" in the State of Delaware.
 

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Number: SCR 15
DHA Position: None
Status: Passed in Senate & House

Proclaiming October 2021 “Dysautonomia Awareness Month” in the State of Delaware.  Dysautonomia is a group of medical conditions that result in a malfunction of the autonomic nervous system, which is responsible for “automatic” bodily functions such as respiration, heart rate, blood pressure, digestion, temperature control, and more. This Resolution proclaims October 2021 "Dysautonomia Awareness Month" in the State of Delaware.
 

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Number: SCR 17
DHA Position: None
Status: Passed in Senate & House

This Senate Resolution designates March as "Eating Disorders Awareness and Prevention Month" in Delaware and encourages the Department of Health and Social Services to research methods to prevent and raise awareness of eating disorders.
 

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Number: SCR 19
DHA Position: None
Status: Passed in Senate

This Concurrent Resolution recognizes September 2021 as "Prostate Cancer Awareness Month" in the State of Delaware.
 

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Number: SCR 20
DHA Position: None
Status: Passed in Senate & House

This Resolution recognizes April 2021 as "Parkinson's Disease Awareness Month" in the State of Delaware.
 

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Senate Joint Resolutions

Senate Resolutions

Previous Delaware General Assembly Legislation