This page lists health care related and health care industry related
legislation, as tracked by the Delaware Healthcare Association.
| Bill Number |
Description |
Status |
DHA Position |
|
SB
17 |
Creates a Statewide Health Insurance Purchasing Pool
to allow individuals and small business to obtain the
most favorable premiums possible from the private insurance
market. |
Senate -
Health & Social Services Committee |
No Position |
|
SB 18 |
Removes
the provision that participants in the Delaware Healthy
Children's Program (CHIP) pay a premium to participate,
while allowing DHSS to consider instituting minimal
co-payments for health service in order to recover a portion of
the revenue lost due to the absence of premium payments.
Also see HB 22 & HB 139. |
Senate -
Finance Committee |
Support |
|
SB
44 with SA 1 |
Amends
Title 16 of the Delaware Code regarding Delaware's
Health Record Privacy Statute to allow protected health
information to be released for specific health research purposes
while still adhering to the Federal HIPAA Regulations. |
Signed Into Law 06/28/10 |
No Position |
|
SB
64 |
Expands
Delaware's Public Assistance Code to provide urgent and
preventative dental care for eligible Medicaid recipients who
are pregnant or become pregnant while receiving
assistance. |
Senate -
Finance Committee |
Support |
|
SB
66 with SA 1 |
Establishes a Cardiovascular Disease and Stroke
Prevention Program within the Division of Public
Health. |
Senate -
Finance Committee |
Support |
|
SS 1 for SB 80 |
Creates
the Delaware Health Consortium, to be known as the
Delaware Health Information Network Corporation -
a corporation within the Department of Health & Social Services. |
Senate
- Health & Social Services Committee |
Oppose |
|
SB
81 with SA 5 |
Requires chain restaurants to properly and completely label food
choices with important nutritional information. |
Senate -
Passed
House - Economic Development/ Banking/
Insurance/
Commerce Committee |
Support |
|
SS
1 for SB
94 |
Creates an
exception to the State's criminal laws to permit
doctor-advised medical use of marijuana by patients with serious
medical conditions. |
Senate
- Laid on Table |
No Position |
|
SB
113 |
Creates a
procedure by which youth exiting the foster care system
in Delaware and who are provided services under the
John H. Chafee Independence Act and/or the Fostering Connections
and Increasing Adoptions Act of 2008, have a legal mechanism for
Family Court to review the appropriateness of such services.
The bill also specifically limits any findings on the
reasonableness of the services offered and coordinated by the
Delaware Division of Services for Children, Youth, and Their
Families (DSCYF) to the youth, including financial, housing,
medical, employment, training, education, and other
appropriations made to or by the State of Delaware for this
purpose. The bill also allows ongoing representation of
the youth by the Office of the Child Advocate or the
Court-Appointed Special Advocate program. |
Signed Into Law 07/14/10 |
No Position |
|
SB
120 |
Amends
Title 31 of the Delaware Code relating to the Delaware Health
Security Act. The bill provides for a single payer
health care system. |
Senate -
Finance Committee |
No Position |
|
SB
122 with SA 1 |
Requires all Delaware Psychiatric Center employees providing
direct care to patients be subject to criminal background checks
and drug testing. The drug testing provides for
both pre-employment testing and testing where reasonable
suspicion that an individual is impaired by an illegal drug
exists. |
Signed Into Law 06/15/10 |
No Position |
|
SB 162 |
Amends
Title 30 relating to Pharmacies. The bill
creates an assessment of 2% of gross receipts from any pharmacy
in Delaware not participating in the Medicaid program and
requires all funds collected to be deposited into a fund
dedicated to Medicaid related expenses. |
Senate -
Finance Committee |
No Position |
|
SB
169 |
Makes
obstructing ingress to or egress from a health care
facility a Class B misdemeanor. |
Senate -
Passed
House - Judiciary Committee |
No Position |
|
SB
172 |
Provides an exemption from activities considered within the
scope of nursing for assisting HIV/AIDS patients
residing in residential group homes with self
administration of medication, provided the person has
successfully completed a Board-approved medication training
program. The bill would enable CNAs to perform this needed
function. |
Signed Into Law 02/01/10 |
No Position |
|
SB 182 |
Amends
Title 24 relating to Nursing. The bill
prohibits the use of the title "Nurse" unless such person is a
registered nurse or licensed practical nurse. It also
includes limits, titles, and abbreviations for advanced practice
nurses. |
Signed Into Law 03/31/10 |
No Position |
|
SB 196 |
State Budget for Fiscal Year 2011. |
Senate -
Finance Committee |
No Position |
|
SB 201 |
Amends
Title 16, Chapter 99, of the Delaware Code relating to the
Delaware Health Information Network (DHIN).
Establishes the DHIN as a not-for-profit, public/private
corporation. |
Senate -
Public Safety Committee |
Support |
|
SB 204 |
Amends Title 18, Chapter 33,
by adding insurance coverage for the diagnosis and
treatment of autism spectrum disorders.
|
Senate - Finance Committee |
No Position |
|
SB 211 |
Amends Title 21 by adopting
the medical certification
requirements as part of its CDL issuance program beginning
January 30, 2012, as required by the Federal Motor Carrier
Safety Administration (FMCSA). CDL holders will provide DMV with
documentation confirming they are medically qualified to safely
operate a CMV. |
Senate -
Public Safety Committee |
No Position |
|
SB 212 with SA 1, SA 2,
& SA 3 |
Amends Title 9 relating to New Castle County
and grants power to include a surcharge on any
application for a building permit application to
provide funding for volunteer fire companies. |
Signed Into Law 05/21/2010 |
Oppose, Unless Amended to Cap
Surcharge |
|
SB 221
with SA 1 |
Amends Title 16 relating to
mental health by
updating the statute that allows the Division of Developmental
Disabilities Services to
authorize surgical procedures for persons receiving residential
services from the Division. It expands the range of
potentially available relatives to authorize elective surgery
for persons receiving services from the Division of
Developmental Disabilities Services. It expands the scope of the
authorization to diagnostic procedures and corrects the
statutory definition of who is covered by this law. |
Signed Into Law 07/15/10 |
No Position |
|
SB 223
with SA 1 |
Amends Title 18 by
requiring an affidavit of
merit be filed under seal when a lawsuit alleging medical
malpractice is filed.
The affidavit by a plaintiff’s expert witness is an opinion the
defendant has breached the applicable minimum standard of care
and this breach caused injury to the plaintiff. The bill also
requires defendants demonstrate good cause whenever requesting
judges to review an affidavit of merit.
|
Senate - Passed
House - Out of Committee |
Oppose |
|
SB 228 with SA 1 SA 2 & HA 1 |
Establishes a regulatory
system for medical discount plans, i.e. plans sold to individuals which offer them
a discount on medical services with certain health care
providers. The emergence of medical discount plans in
Delaware
has created confusion, as they are often mistaken for health
insurance, and this legislation seeks to ensure that medical
discount plans are not misrepresented as insurance. This
legislation also provides a specific set of rules that entities
selling medical discount plans must follow in order to protect
consumers, and a regulatory structure which will allow the state
to enforce those rules. |
Awaiting Governor's Signature |
No Position |
|
SB 229 |
Amends Title 11 related to Crimes
Against Children. The
bill implements one of the recommendations made in the Final
Report of the Independent Review of the Earl Brian Bradley Case
which was commissioned by the Governor and was issued on May 10,
2010. The Act clarifies who is in a “position of trust,
authority or supervision over a child” and may therefore be
subject to the enhanced penalties associated with the crimes
defining sexual abuse of children.
This Act also consolidates
those provisions of the present criminal code concerning rape
and unlawful sexual conduct that contain “position of trust”
enhancement as a single crime known as "sexual abuse of a child
by a person in a position of trust, authority or supervision."
This Act further applies the "position of trust" category to
other acts of sexual abuse that do not currently have any
enhancement when perpetrated by a person in a "position of
trust," including sexual extortion, sexual harassment, and
indecent exposure. Lastly, the Act makes the necessary changes
to related sex offender registration and sentencing provisions. |
Signed Into Law 06/30/10 |
No Position |
|
SB 231
with SA 1 |
Amends Title 16 relating to the
Delaware Health Information Network (DHIN) by moving the
DHIN from the Delaware Health Care Commission and moving toward
a more traditional public/private corporation model of
governance. The bill also
provides for accountability, transparency, audits, reports to
the Governor and General Assembly, and board representation. |
Signed Into Law 07/12/10 |
No Position |
|
SB 232 |
Ensures that when a professional
licensing board revokes or suspends a license at a hearing,
the revocation or suspension shall be effective immediately.
However, the Bill also requires that a written order must be
served within 30 days after the hearing date. |
Signed Into Law 07/12/10 |
No Position |
|
SB 233 |
Mandates that the Board of Medical
Practice shall adopt rules and regulations establishing
guidelines for the
imposition of discipline against physicians and the members of
other professions regulated by the Board. The Bill gives the
Board one year from the date of enactment to adopt these rules
and regulations. |
Signed Into Law 07/12/10 |
No Position |
|
SB 235
with SA 2 |
Amends Title 16 by creating
the Delaware Prescription
Monitoring Act. The
program will monitor prescribing and dispensing of Schedule II,
III, IV, and V controlled substances and other drugs of concern
by the Office of Controlled Substances of the Division of
Professional Regulation.
It requires dispensers to submit certain information regarding
the dispensing of controlled substances, which will be compiled
into a database that can be accessed by physicians and other
prescribers to provide them additional information about their
patient’s history of controlled substance use.
The database will also assist law enforcement and
regulatory boards in the investigation of unlawful use of
controlled substances.
The bill also creates criminal penalties for unlawful disclosure
of prescription information.
The Office of Controlled Substances is required to
provide the General Assembly with an annual evaluation of the
program. |
Signed Into Law 07/15/10 |
Support |
|
SB 236 |
Amends Title 24 relating to
Qualifications of Psychologists.
The bill removes the provision that allows for the
registration of Psychological Assistants who hold their Masters
degree that is “based on a program of studies that is
psychological in content and specifically designed to train and
prepare Psychologist, but who is not working toward full
licensure as a Psychologist.”
Pursuant to the bill, a Psychological Assistant must have
completed all the course requirements for a doctoral degree in
psychology. A grandfather
provision is included for existing Registered Psychological
Assistants who maintain their registration.
The change limits Psychological Assistants to those
people who meet the experience requirement under §3508(a)(2) for
full licensure as a psychologist. |
Enacted Into Law Without The Governor's Signature on
07/17/10 |
No Position |
|
SB 241 |
Amends Title 7 by
revising DNREC's chronic
violator program.
It adds a purpose section, makes various technical revisions,
adds and makes consistent several definitions, clarifies and
expands the standard and criteria for chronic violator status,
adds categories of factors, types of violations, and conduct to
be considered, updates DNREC's authority to promulgate
regulations, adds an opportunity for a public hearing, and
enhances administrative penalties. |
Senate - Natural Resources & Environmental Control
Committee |
No Position |
|
SB 251 |
Amends Title 21 relating to registration of vehicles.
The bill provides for a special Delaware
Breast Cancer Coalition license plate and also includes a
remittance to the Coalition of $100 per initial application to
further awareness of and early detection of breast cancer. |
Senate - Executive Committee |
No Position |
|
SB 252 |
Amends Title 9, Chapter 49 relating to
Zoning.
Currently Kent
County
is required to notify property owners subject to a proposed
zoning change by U.S. Mail, publication in newspapers, and
physical posting changes at each property affected.
This act deletes the requirement for physical postings. |
Senate - Stricken |
No Position |
|
SB 254
with SA 1 |
Amends Title 16 and Title 29 relating to
nursing facilities and similar facilities.
The bill will create a
State Civil Penalty Trust Fund.
Currently all sanctions which are imposed as a result of
the surveys and complaint investigations of this Division are
placed in the Long Term
Care Residents Trust Fund (LTCRTF), which is governed by
very restrictive Federal regulations.
It is not compulsory to put the revenue derived from
State sanctions into the LTCRTF, but that has been our practice.
By splitting the money and creating a fund which receives
civil penalties imposed pursuant to State Statutes and
regulations, the Division will be better able to support
community based residential efforts while at the same time
taking care of long term care needs with the LTCRTF. |
Signed Into Law 06/28/10 |
No Position |
|
SB 259
with SA 1 & SA 2 |
Amends Title 24 relating to Licensing of
Genetic Counselors. The bill
establishes a new subchapter in Chapter 17 of Title 24.
It defines the practice of genetic counseling and
specifies the grounds for obtaining the license to practice
genetic counseling. It
also sets out the grounds for disciplining a licensee and makes
the unlicensed practice of genetic counseling a Class G felony. |
Signed Into Law 06/30/10 |
No Position |
|
SB 260
with HA 1 |
Amends Title 10 relating to the
Delaware Uniform Interstate Depositions and Discovery Act.
The bill adopts the Uniform Interstate Depositions and
Discovery Act (UDDA), promulgated by the Uniform Law Commission
in 2007. The goal of UDDA
is to simplify and standardize the current patchwork of
procedures across the various states for deposing a witness for
purposes of out-of-state litigation. |
Signed Into Law 07/12/10 |
No Position |
|
SB 262 |
Amends Title 10 and Title 11 relating to
Unsworn Foreign Declarations.
The bill adopts the Uniform Unsworn Foreign Declarations Act
(UUFDA) promulgated by the Uniform Law Commission in 2008.
Declarations of persons abroad are routinely received in
state and Federal courts and agencies.
Many of the declarations are affidavits and other
documents sworn to by declarants before authorized officials in United
State
embassies and consulate offices.
Affiants in foreign countries with information relevant
to U.S. proceedings or transactions typically visit
the U.S.
consular office to finalize their affidavit or statement in a
manner similar to a person with the U.S.
visiting a notary public. |
Signed Into Law 07/02/10 |
No Position |
|
SB 268 |
Amends Title 24 relating to the adoption and enforcement of a
unified heating,
ventilation, air conditioning, and refrigeration code, the
international mechanical code, and the international fuel gas
code. |
Signed Into Law 07/15/10 |
No Position |
|
SB 275
with SA 2 |
Amends Title 24 relating to Health Care Practices.
The bill authorizes and requires the Delaware Board of
Medical Practice to
require doctors applying for licensure or re-licensure to
present service letters from health care facilities though which
they have had direct access to patients, or admitting, or staff
privileges, attesting to their good character.
The letters would contain information, if it exists,
about any reasonably substantiated incidents involving violence,
threats of violence, abuse, or neglect toward any other person,
including any disciplinary action taken as a result of such
conduct. Health care
organizations or facilities providing the service letters would
be immune from civil liability regarding any disclosures of
information and their consequences and may not be made the
subject of any libel or slander action by the person to whom the
letter applies. |
Awaiting Governor's Signature |
No Position |
|
SB 284 |
Expands Delaware’s Public Assistance Code to
provide preventative and urgent dental care to all eligible Medicaid
recipients, with a $10 co-pay, a $1,000 per year cap on
treatment, and an additional $1,500 which may be authorized on
an emergency basis by the State Dental Director for urgent care. |
Senate - Finance Committee |
No Position |
|
SB 286 |
Amends Title 24 regarding
the Board of Nursing by (1) allowing representation on the Board by a nurse educator, (2)
eliminates the need of a quorum to issue a written decision
previously determined by a quorum of the Board, and (3) creates
a waiver provision for the licensure endorsement of licensed
practical nurses. |
Awaiting Governor's Signature |
No Position |
|
SB 287
with SA 1 |
Amends Title 19 relating to
Workers’ Compensation by clarifying that
volunteer HAZMAT team
members who are operating under the authority of DNREC are
no longer employed by private industry continue to be members of
the HAZMAT team and as such remain eligible for workers’
compensation coverage while assisting DNREC in a volunteer
capacity during a HAZMAT incident. |
Signed Into Law 07/12/10 |
No Position |
|
SB 291
with SA 1 |
Amends Title 16 relating to Nursing and Similar Facilities by
requiring the Division of
Long Term Care Residents Protection to post online the results
of its surveys of nursing facilities and eliminates the
obligation of the Division to conduct a follow-up meeting
after every survey of a nursing facility and replaces it with an
obligation to conduct such meetings upon request by the
facility, a resident, or a resident’s family member or agent. |
Signed Into Law 07/15/10 |
No Position |
|
SB 296
with SA 1 |
An Act to Amend the Board of
Medical Practice. This bill rewrites the Medical Practice
Act and renames the Board of Medical Practice to the Board of
Licensure and Discipline. |
Signed Into Law 06/30/10 |
No Position |
|
SB 297
with SA 1 |
Amends Titles 16 and 24 relating to the
reporting of Abuse and Unprofessional Practice.
The bill clarifies the mandatory reporting of child abuse
or neglect applies to all persons and specifically includes
institutions such as hospitals, nursing homes, and the Medical
Society. |
Signed Into Law 06/30/10 |
No Position |
|
SB 298 |
Amends Title 24 relating to the
imposition of fines by the Board of Medical Practice. |
Signed Into Law 06/30/10 |
No Position |
|
SB
300 |
Amends Title 16 relating to Childhood Lead Poisoning Prevention.
The bill creates a formal screening process so children
at high risk for lead exposure can receive an additional
screening test at 24 months of age, while children at
lower risk will continue to receive only the currently required
screening at 12 months of age. |
Signed Into Law 07/15/10 |
No Position |
|
SB 303 |
Amends Title 29 relating to the Division of Long Term Care Residents
Protection. The Division
has the authority to regulate nursing assistant training
programs and the bill allows for sanctions for
non-compliance with statutes and regulations, and authority to
publish the pass rates of the training programs.
The bill also provides that individuals flagged on the
Delaware Certified Nursing Assistant (CNA) Registry
should have their certification suspended or revoked, depending
on circumstances. |
Signed Into Law 07/12/10 |
No Position |
|
SB 306 with SA 1 |
Amends Title 20, Chapter 31, relating to Emergency Management. Currently,
including during the recent snowstorms, when the Governor
restricts vehicles from the State’s roadways due to unsafe
conditions, a criminal sanction is the only available penalty
for drivers who are caught by law enforcement on the roads. This
legislation would create a three-tiered driving restriction system for future storms or
other emergencies: A Level 1 Driving Warning with no
penalties, a Level 2 Driving Restriction with motor vehicle
violations and a Level 3 Driving Ban for the most severe
conditions with the current criminal sanctions under 20 Del. C.
§ 3125. Additionally, the bill provides that an employer may not
terminate, reprimand or in any way discipline an employee for
failing or refusing to report to work during a Level 3 Driving
Ban. During a Level 2 Driving Restriction, an employer who
requires an employee, who has not been pre-designated as
essential personnel, to report to work shall be liable for the
expenses incurred as a result of any emergency response to
remove the employee, a passenger and/or the motor vehicle that
becomes inoperable on the State’s roadways |
Awaiting Governor's Signature |
No Position |
|
SB 307 |
Companion bill to Senate
Bill 306 which creates a 3-tiered driving restriction system for future storms or
other emergencies. A person who violates a Level 2 Driving
Restriction or Level 3 Driving Ban pursuant to §3116(b)(12),
Title 20 of the Delaware Code shall be guilty of Operation of a
Motor Vehicle During an Emergency and will be fined no less than
$25.00 nor more than $115.00. A person convicted of a subsequent
offense shall be fined no less than $50.00 nor more and $200.00,
or imprisoned for not less than 10 nor more than 30 days, or
both. |
Awaiting Governor's Signature |
No Position |
|
SB 318 |
Amends Title 24 relating to Health
Care Work For Hire Contracts by authorizing oversight by the
Board of Medical Practice of Health Care Work For Hire
Contracts. |
Senate - Health & Social Services Committee |
No Position |
|
SB 323 |
Amends Title 24, Chapter 17 by clarifying the definition of
acupuncture. Section
2 of this Bill allows acupuncture detoxification specialists to
be licensed to perform the limited auricular point protocol for
treatment of alcoholism, nicotine dependency, substance abuse,
or chemical dependency. Acupuncture detoxification specialists
are subject to the jurisdiction of the Board of Medical Practice
and the Acupuncture Advisory Council. |
Awaiting Governor's Signature |
No Position |
|
SCR 32 |
Recognizes the health concerns
related to Bisphenol A, an industrial chemical regularly
used in the plastics industry, urges Delawareans to take
reasonable steps to reduce exposure to Bisphenol A, and supports
efforts to develop alternatives to its use in food and drink
packaging. |
Senate - Passed
House - Passed |
No Position |
|
SCR 33 |
Recognizing May 2010 as Melanoma and Skin Cancer
Detection and Prevention Month. |
Senate - Passed
House - Passed |
No Position |
|
SCR 34 |
Recognizes the week of June 1-7, 201 as
National Cardiopulmonary Resuscitation (CPR) and Automated External
Defibrillator (AED) Awareness Week in Delaware. |
Senate - Passed
House - Passed |
No Position |
|
SCR 35 |
Urges the Federal Government to enact comprehensive
immigration reform and to more fully assert its constitutional
authority to enforce laws governing immigration and
naturalization. |
Senate - Labor & Industrial Relations Committee |
No Position |
|
SJR 3
with SA 1 |
The bill designates the entire State of Delaware as a
Healthcare Innovation Zone. |
Senate - Passed
House - Passed |
No Position |
|
SR
12 |
The
Resolution requests the Delaware Health Information
Network (DHIN) to provide to the Governor and the
General Assembly a report containing suggested
legislation by January 10, 2010, on an operation model of
governance and financial sustainability model for DHIN. |
Senate -
Health & Social Services Committee |
Support |
To view the bill and the current status, click on the bill number.
| Bill Number |
Description |
Status |
DHA Position |
|
HB 3 with HA 1 |
Adds a
representative from the Delaware Health Care Facilities
Association to the Hospital Infection Advisory Board. |
Signed Into Law 03/25/10 |
Support |
|
HB 5 with HA 1 |
Adds
language to prohibit discrimination on the basis of
sexual orientation to Titles 6, 9, 18, 19, 25, and 29
of the Delaware Code. Also see SB 121. |
House - Stricken |
No Position |
|
HB
6 |
Requires
the Secretary of DHSS to implement a mandatory dress code for
all Department employees working at the Delaware
Psychiatric Center (DPC) within one year of the date of
enactment of this bill. |
House - Health
& Human Development Committee |
No Position |
|
HS
1 for HB
10 |
Makes the
same-sex partner of a State of Delaware regular officer,
employee, or eligible pensioner entitled to the same benefits
that are provided to spouses of the State employees and
pensioners. Employees of Labor Unions, Delaware
Authorities, and Commissions covered under the sections of the
Code are also covered. |
House -
Out of Committee |
No Position |
|
HB
18 |
Amends
Title 19, Chapter 7, of the Delaware Code regarding
Employment at Will and Protection from Wrongful Termination. |
House - Out of
Committee |
Oppose |
|
HB
22 |
Extends
Delaware's Healthy Children Program to include
reduced-cost health insurance coverage for children of families
with personal incomes up to 300% of the Federal Poverty Level.
Also see SB 18 & HB 139. |
House -
Appropriations Committee |
Support |
|
HB
24 |
Ensure all
hazardous waste generated in this State is
treated, stored, or disposed of in a safe manner that is
protective of public health and environment, and in accordance
to all existing and future Federal standards. The bill
also prevents hazardous waste generated in this State from being
sent outside of the United States to countries where health and
environmental standards may not be equal to standards in this
country. |
House -
Stricken |
No Position |
|
HB
28 with HA 1 |
Allows
Physician's Assistants and Nurse Practitioners to report
to the Department of Motor Vehicle persons whose mental or
physical conditions may interfere with the safe operation of a
motor vehicle. |
House - Passed
Senate - Out of Committee |
Support |
|
HB
35 |
Requires the Director of the Delaware Psychiatric Center (DPC)
to be a Board-Certified Psychiatrist and/or a Master's level
Nurse Administrator with administrative experience in
behavioral health and hospital administration. |
House - Health
& Human Development Committee |
No Position |
|
HB
37 with HA 2 |
Adds
protections to the Mental Health Patient's Bill of
Rights Act, including safeguards in administration of
restraint and requirement of an enhanced patient grievance
system for Delaware Psychiatric Center (DPC)
patients. |
Signed Into Law 07/15/10 |
No Position |
|
HB
41 with HA 1 |
Establishes a Community Mental Health Treatment Act
with rights paralleling those of patients in the
substance abuse treatment system complied with Title 16, Chapter
22 of the Delaware Code. |
Signed Into Law 07/15/10 |
No Position |
|
HB
42 |
Creates
the Delaware Psychiatric Center (DPC) Authority
and removes DPC from the purview of the Delaware Department of
Health and Social Services. |
House - Health
& Human Development Committee |
No Position |
|
HB
60 |
Amends
Title 14 of the Delaware Code limiting artificial trans
fats in food available or served to students in public schools,
including charter schools. |
House - Passed
Senate - Out of Committee |
No Position |
|
HB
62 with HA 3 |
Crease a
class B felony for the crime of brandishing a deadly
weapon against a law enforcement officer, firefighter,
paramedic, or emergency medical technician. |
House - Passed
Senate - Out of Committee |
No Position |
|
HB
64 |
Enables
small businesses in the State, such as school bus contracting
businesses, to participate in the State Group Health
Insurance Program at no cost to the State, effective
July 1, 2009. |
House - Stricken |
No Position |
|
HB
85 with HA1 & SA 1 |
Amends
Title 18 of the Delaware Code relating to small employer
health insurance to compress rate variations, reduce
rating factors, limits annual increases, and decreases dues to
changes in health status to 15 percent, and prohibits the sale
of stop-loss coverage in the small group market. |
Signed Into Law 07/15/10 |
No Position |
|
HB
92 with HA 1 & SA 1 |
Defines a
new class of occupational license for direct care
workers and provides for the license fees of such
direct care workers to be reduced, if the gross receipts of such
direct care workers for the 12 months, beginning July 1and
ending June 30, preceding the year of license application or
renewal are less than $10,000 or direct care workers would be
exempted if they are employed by or under contract with a
Personal Assistance Services Agency (PASA). |
Vetoed By The Governor On 07/19/10 |
Support |
|
HB
137 |
Requires the Insurance Commissioner to arrange for random audits
of small business health insurance carriers doing
business in Delaware. |
House - Stricken |
No Position |
|
HB
159 with HA 1, HA 1 to HA 1, HA 2, SA 1 & SA 2 |
Requires the Delaware Department of Health and Social
Services to adopt regulations requiring at least one
hour of training annually for certified, licensed, or registered
healthcare providers, as well as for healthcare
providers who are partially or fully funded by the State,
who provide services to persons diagnosed as having
Alzheimer's disease or other forms of dementia, or with mental
illness. |
Signed Into Law 04/27/10 |
Amend - Language is narrow,
intent is unknown |
|
HB
163 with HA 1 |
Creates a Death Review Committee for the Department of Health
and Social Services (DHSS) to assess deaths of
individuals receiving residential services through DHSS or
funded private providers. The purpose of the Committee is
to assess causation; promote improvements in policies,
practices, and the service delivery system; and reduce prospects
for preventable deaths. Also see HB 34
and HB 38. |
House - Passed
Senate - Executive Committee |
No Position |
|
HB
184 with HA 1, HA 2, & HA 3 |
Requires all independent unlicensed clinical social work
practitioners in Delaware to obtain a licensed for continued
practice of social work. Also see
HB 125. |
Signed Into Law
02/01/10 |
Support |
|
HB
195 |
Amends
Title 10 of the Delaware Code relating to personal actions.
The purpose of the bill is to encourage physicians to
provide medical care without compensation in an effort to
provide some relief to those Delawareans who are without medical
insurance and except for such service might be forced
to seek medical attention in hospital emergency rooms. |
House - Health
& Human Development Committee |
Support |
|
HB
202 |
Amends
Title 18, Chapter 44, of the Delaware Code with the intent of
implementing changes to the Delaware Life and Health
Insurance Guaranty Association Act to ensure in a
liquidation of a life and/or health insurance company licensed
in Delaware that procedures are in place to ensure an organized
liquidation of such company with appropriate protections for the
policy holders of such company. |
Signed Into Law
01/26/10 |
No Position |
|
HB
213 |
Requires all Delaware licensed businesses for which a business
license is required to make such license information part of
their advertising. |
House -
Economic Development/
Banking/
Insurance/
Commerce Committee |
No Position |
|
HB
219 |
Amends
Title 31 of the Delaware Code relating to the State Public
Assistance Code to make chiropractic manipulation of the
spine to correct subluxation eligible for reimbursement. |
House - Health
& Human Development Committee |
No Position |
|
HB
231 |
Grants working parents with 16 hours of leave each school year
to attend school meetings essential to their child's education,
provided the meeting cannot be scheduled during non-working
hours. |
House
Education Committee |
No Position |
|
HB
235 |
Grants the
Board of Pharmacy the authority to establish standards
and procedures for the collection, distribution, return, and
redistribution of previously dispensed medications. |
House - Health
& Human Development Committee |
No Position |
|
HB
237 with HA 1 |
Requires all newly constructed businesses and other places of
public accommodations to be equipped with automatic doors
to make the main entrance of such buildings accessible to
persons with disabilities. |
Signed Into Law 07/09/10 |
No Position |
|
HS
1 for HB
247 with HA 1, HA 2, & HA 4 |
Amends
Titles 6, 25, and 29 of the Delaware Code relating to
Consumer Protection. |
Signed Into Law 06/10/10 |
Support |
|
HB
248 |
Amends
Title 6 of the Delaware Code relating to the Delaware
Charitable/Fraternal Solicitation Act of 1996. |
House -
Economic Development/
Banking/
Insurance/
Commerce Committee |
No Position |
|
HB
249 |
Requires a
pharmacy to provide pharmacy records to persons who
request their records. |
Signed Into Law
02/01/10 |
No Position |
|
HB
285 |
Amends
Title 12 of the Delaware Code relating to Escheat.
The bill provides an appeal process and a statute of limitations
on escheat actions. |
House -
Revenue & Finance Committee |
No Position |
|
HB
297 with HA 1 |
Amends Title 8 of the Delaware Code relating to the Delaware General
Corporation Law. This
bill confirms existing statutes and practices related to the
administration of the
corporation franchise tax. |
Signed Into Law
01/26/10 |
No Position |
|
HB
298 |
The bill prohibits the use of hand
held cell telephones by the driver of a motor vehicle while the
vehicle is in motion on
Delaware
highways. A civil
penalty is created.
|
House - Public
Safety & Homeland Security Committee |
No Position |
|
HB
299 |
Amends Title 11 of the Delaware Code relating to specific offences.
The bill includes
emergency medical technicians, fire police, fire marshals, and
paramedics acting in the lawful performance of duty
to the group of first
responders listed as special victims for assaults in the first
degree and assault in the second degree.
|
Signed Into Law 05/18/10 |
Support |
|
HB
302 |
Amends Title 10 of the Delaware Code relating to
reporting financial exploitation of the elderly and infirm.
Under the bill, anyone who makes a good faith report to
law enforcement authorities of such suspected activity is immune
from criminal and civil liability for making that report.
|
House -
Judiciary Committee |
No Position |
|
HB 304
with HA 1 |
Amends Title 11 relating to specific offenses. The
provides that a person who stands in a position of trust,
authority, or supervision over a child who is at least 16 years
old, but not yet 18 years old and intentionally engages in
sexual intercourse or sexual penetration with such child, or an
invitee or designee of such person shall have committed the
offense of Rape in the 3rd degree, which is a
class B felony. |
Signed Into Law 05/21/2010 |
Support |
|
HB 315 |
Amends Title 21 relating to driving a vehicle while
under the influence by requiring mandatory use of
ignition interlock devices, participation in victim's
interaction sessions for first-time offenders, in-patient
substance abuse treatment, continuous remote alcohol monitoring,
and ongoing substance abuse testing for second-time offenders. |
House - Stricken |
No Position |
|
HB 323
with HA 1 |
Amends Title 12 of the Delaware Code regarding the
disposition of a persons last remains. This bill
applies to military service members. |
Signed Into Law 06/15/10 |
No Position |
|
HB 325 |
State Bond & Capital Improvements Act for Fiscal Year
2011. |
House -
Capital Infrastructure Committee |
No Position |
|
HB 326
with HA2 & SA 1 |
Amends Title 18 relating to healthcare medical
negligence insurance and litigation. The bill
clarifies that civil actions based on sexual abuse of a patient
by a healthcare provider may be filed at any time after the
commission of the abuse. The bill also creates a 2-year
look back provision in cases of abuse which was unknown and
could not reasonably have been discovered by the patient. |
Signed Into Law 07/13/10 |
Support |
|
HB 338
with HA 1 |
Amends Title 11 by
authorizing a sentencing court to
modify, defer, reduce, or
suspend a minimum or mandatory sentence
of one year or less if it
finds the person to be sentenced has serious and ongoing medical
treatment needs which makes incarceration inappropriate and
the person does not pose a substantial risk to the community.
The Department of Corrections has authority (11
Del.
C. §4217) to request the modification of an inmate’s sentence
based on medical illness or infirmity. This Act would give Delaware’s courts similar authority in
imposing sentences, but only where the sentence required is for
1 year or less. Minimum and mandatory sentences for virtually
all violent crimes would not be eligible for modification under
this Act because the sentences required for such crimes exceed
one year. |
Signed Into Law 06/22/10 |
No Position |
|
HB 341 |
Amends Title 8 relating to the General Corporation Law
specifically relating to
non-stock corporations. |
Signed Into Law 05/03/10 |
No Position |
|
HB 343
with HA 1 |
Amends Title 18 and assures
prosthetic parity for Delaware citizens who have experienced
limb loss by requiring
all individual and group health insurance policies provide
orthotic and prosthetic devices at a reimbursement rate
equal to the Federal reimbursement rate for the aged and
disabled. |
House - Out of Committee |
No Position |
|
HS 1 for HB 348
with HA 3 |
Amends Title 11 by creating
a new criminal offense,
Crime Against a Vulnerable Adult, which imposes
enhanced penalties in more than 50 criminal offenses if the
victim is a vulnerable or infirm adult.
|
Awaiting Governor's Signature |
No Position |
|
HB 351
with SA 1 |
Amends Title 31 by creating the Delaware Aging and
Disability Resource Center within the Division of Aging
and Adults with Physical Disabilities of the Department of
Health and Social Services, replacing the current Elder Care
Information and Support System for Delaware Families. The
Center will provide support for the elderly and adults with
physical disabilities by combining existing Alzheimer's specific
information into the program and supporting future Federal grant
applications for Center projects. |
Signed Into Law 05/14/10 |
No Position |
|
HB 367 |
Requires an insurer who denies coverage for a procedure
or test as medically unnecessary to reimburse an insured for all
expenses, including out-of-pocket expenses, if
the insured pays for the procedure or test and the procedure or
test is proven to be medically necessary. |
House - Out of Committee |
No Position |
|
HB 368 |
Amends Title 21 relating to
motor vehicles and commercial driver licenses.
The bill brings Delaware Code into compliance with the
Federal Motor Carrier Safety Administration (FMCSA) commercial
driver license (CDL) program. |
Signed Into Law 06/28/10 |
No Position |
|
HB 376 |
Amends Title 16 by updating the
Delaware Fire Preventions
Regulations to require installation of floor proximity
emergency lighting and floor proximity exit signs in all new
buildings, occupancy conversions, mixed occupancy buildings, and
additions and repairs to existing buildings.
Proximity Exit Signs shall be installed in addition to
exit signs currently required under Delaware’s Fire
Prevention Regulations. |
House
- Public Safety & Homeland Security Committee |
No Position |
|
HB 400 |
Amend Title 6 relating to Building
Construction Disputes. |
House - Passed
Senate - Out of Committee |
No Position |
|
HB 408 |
Requires the destruction of any tobacco products forfeited for
violations of §5342 of Title 30, which prohibits the
possession of more than 10 packs or packages of untaxed tobacco.
|
Signed Into Law 07/02/10 |
No Position |
|
HB 416 |
Amends Title 24 relating to the
Board of Chiropractic by preventing unreasonable
deductibles, copayments, or coinsurance charges for chiropractic
care. Also see HB 435. |
House - Stricken |
No Position |
|
HB 417 |
Amends Title 29 by creating the Delaware Disaster Relief
Fund based on a percentage of the General Fund
Operating Budget to be used in the case of natural or manmade
disasters affecting the health and safety of the citizens of
Delaware. |
House - House Administration Committee |
No Position |
|
HB 420
with HA 1 & SA 1 |
Amends Title 18 by prohibiting the practice of
post-claims underwriting by health insurers, as defined
in Title 18 of the Delaware Code. |
Awaiting Governor's Signature |
No Position |
|
HB 422 |
Amends Title 6 relating to Consumer Legal Finance Transaction by adopting
the Delaware Consumer Legal Finance Regulatory Act.
The bill requires all contracts for consumer legal
finance: (1) certain standard provisions notifying the consumers
of their rights under the contract and of all fees and interest
being incurred; (2) provide the consumer with a right to cancel
the contract without penalty; and (3) require that the
consumer’s attorney in the legal claim to execute the contract
indicating that all costs and fees have been disclosed.
The bill also specifies certain prohibited practices and
provides the Attorney General with authority to enforce and
remedy violations of the Act through existing consumer fraud
Statutes. |
House - Out of Committee |
No Position |
|
HB 433 |
Amends Title 10 relating to Choice of Law and Choice of Forum.
This bill authorizes parties voluntarily to agree to have a member of the Superior
Court arbitrate or mediate a business dispute regarding disputes
about significant contracts or commercial matters.
Specifically excluded are cases involving consumers. |
Awaiting Governor's Signature |
No Position |
|
HS
1 for HB 435 with HA 1 & HA 2 |
Amends Title 24 relating to the Board of Chiropractic
by preventing unreasonable deductibles, copayments, or
coinsurance charges for chiropractic care. Also see
HB 416. |
Awaiting Governor's Signature |
No Position |
|
HB 440 |
Amends Title 16 relating to Informed Consent and Confidentiality.
Delaware’s
Confidentiality of Personal Health Information Statute
prevents Delaware Health and Social Services (DHSS) from
engaging in activities permitted under Federal HIPAA.
This bill carves out four narrow exceptions which would
allow DHSS to release protected health information for law
enforcement activities, pursuant to court order, for patient care
and coordination, and for healthcare business operation, as
permitted under HIPAA. |
Signed Into Law 07/15/10 |
No Position |
|
HB 441 |
Amends Title 14 by creating a universal school breakfast program in Delaware to
provide a healthy
breakfast to all students in public and charter schools
regardless of family income. |
House - Appropriations Committee |
No Position |
|
HB 443
with HA 1 & HA 2 |
Amends Titles 10, 11, 16, and 2.
The bill substantially
revises drug crimes and related offences.
The bill makes numerous related amendments to make the
drug laws a more focused tool for dealing with criminal activity
involving drugs, including prescription drugs.
|
House - Passed
Senate - Executive Committee |
No Position |
|
HB 456
with HA 3 & HA 4 |
Amends Title 24 relating to the
treatment of minors by physicians under the Medical Practice Act
by requiring a chaperon to be present when child is
disrobed, partially disrobed, or otherwise undergoing certain
physical examinations. |
Signed Into Law 06/30/10 |
No Position |
|
HB 457 |
Amends Titles 11, 24, and 29 relating to
training on child sexual and physical abuse, exploitation and domestic
violence, and the mandatory reporting thereof. |
Signed Into Law 06/30/10 |
No Position |
|
HB 458 |
Amends Title 24 relating to the Medical Practice Act by
changing the physician
licensure and renewal requirements. |
Signed Into Law 06/30/10 |
No Position |
|
HB 459
with HA 1 |
Amends Titles 24 and 29 relating to the
Medical Practice Act and the Board of Medical Practice. |
Signed Into Law 07/01/10 |
No Position |
|
HB 460 |
Amends Title 9 and Title 24 by requiring Counties and municipalities
within the State of Delaware to adopt the
Standards of Accessible
Design in Appendix A to 28 CRF Part 36 and to enforce the
regulations set forth in the Standards for Accessible Design. |
House - Health & Human Development Committee |
|
|
HB 463
with HA 1 |
Amends Title 24 relating to the
Board of Massage and Bodywork by changing the licensure,
continuing education, client disclosure form, grounds for
discipline, and Board composition. |
Awaiting Governor's Signature |
No Position |
|
HB 464
with HA 1 |
Amends Title 16 Chapters 64, 66, 66B, and 71A by
updating obsolete language and procedures and clearly defines
the specific powers and duties of the State Fire
Prevention Commission, the Office of the State Fire Marshall,
and the
State Fire
School. |
Awaiting Governor's Signature |
No Position |
|
HB 481 with HA 1 |
Amends Title 24 relating to the
Board of Dental Examiners.
The bill incorporates all of the changes recommended by
the Joint Sunset Committee.
|
Awaiting Governor's Signature |
No Position |
|
HB 484 |
Amends Title 16 relating to Health
Facilities and Peer Review of Alleged Criminal Conduct.
The bill requires health facilities to have an
independent peer review process to investigate any alleged
criminal conduct by a health care provider, employee, or staff
person of the facility
when the alleged victim is a minor
being treated or care for
at that facility. |
House - Health & Human Development Committee |
No Position |
|
HB 485 |
Amends Title 11 by defining the
Division of Professional Regulation as a criminal justice agency
for purposes of Chapters 85 and 86.
As a result, the Division will be granted greater access
to information maintained by the State Bureau of Identification
and Delaware Criminal Justice Information System (DELJIS).
The Division will also be required to promulgate
regulations mandating the Division’s reporting of certain
information with respect to investigations and complaints that
involve alleged criminal conduct into the Criminal Justice
Information System (CJIS), an integrated criminal justice
information system that supports electronic sharing of criminal
justice information among the criminal justice community. |
Signed Into Law 06/30/10 |
No Position |
|
HB 488
with HA 2 |
Amends Title 16 relating to
plumbing permits by clarifying the $100 fee assessed by the
Division of Public Health for plumbing permits applies solely to
new construction. |
Awaiting Governor's Signature |
No Position |
|
HB
493 |
Amends Title 21 relating to rules of the road by
providing a exemption for a person using a two-way communication device
mounted or attached to a motor vehicle during their course of
employment with a business or government entity while talking to
a central dispatch, base of operation, or with other employees
of such business or government entity. |
Signed Into Law 07/06/10 |
|
|
HB
494 with HA 1 |
Amends Title 21 relating to rules of the road by
excluding two-way radio communications devices with a fixed placement in
the vehicle from the list of prohibited devices. |
Signed Into Law 07/06/10 |
|
|
HCR
1 |
Urges
Congress to pass the Employee Free Choice Act,
which removes the secret ballot vote in choosing to form or not
form a union. Also see HR 19. |
House
- Stricken |
Oppose |
|
HCR
2 with HA 1 & HA 2 |
Urges
Congress and the President to enact the National Health
Insurance Act. |
House - Out of
Committee |
No Position |
|
HCR 36 |
Expresses the General
Assembly’s support of the Employer Support of the Guard
and Reserve (ESGR) Statement of Support Program,
encourages all Delaware employers to execute an ESGR
Statement of Support, and requests the Department of Labor place
a link on its
webpage to the online statement of support form. |
House - Passed
Senate - Passed |
No Position |
|
HCR 38 |
Designates Saturday, May 1,
2010, as Brain Tumor Awareness Day in the State
of Delaware. |
House - Passed
Senate - Passed |
No Position |
|
HCR 40 |
Designating the month of May
2010 as Older Americans
Month. |
House - Passed
Senate - Passed |
No Position |
|
HCR 47 |
Recognizing May 2010 as Huntington's Disease Awareness
Month in Delaware. |
House - Passed
Senate - Passed |
No Position |
| HCR
53 |
Recognizes June 15, 2010 as Delaware Elder Abuse
Awareness Day. |
House - Passed
Senate -Passed |
No Position |
|
HJR 5 with HA 1 |
Requests
DNREC, DSWA, and other interested parties to work together to
discuss and create legislation, to be delivered to the
Legislature, to bring Delaware into compliance with the
Governor's expressed goal of Zero Waste by
2020. |
House - Passed
Senate - Natural Resources & Environmental
Control Committee |
No Position |
|
HR
19 |
Urges
Congress not to pass the Employee Free Choice Act.
Also see HCR 1. |
House - House
Administration Committee |
Support |
|
HR 45 |
Recognizing May 12, 2010 as Fibromyalgia Awareness Day
in Delaware. |
House - Passed |
Support |
|
HR 48 |
Directs the Delaware Economic Development Office
to study the costs and
impact of undocumented immigration on the State of
Delaware and to submit a
comprehensive report on the study to the House by January 11, 2011. “… these
unknown costs to the State of Delaware could be in the form of
public health and hospitalization, criminal justice and court
services, education, taxes, social services and insurance costs,
and in other forms …" |
House - Economic
Development/ Banking/ Insurance/ Commerce Committee |
No Position |