Delaware Healthcare Association

1280 S Governors Avenue
Dover, DE 19904
(302) 674-2853
 
 
 

2nd Session of the
145th Delaware General Assembly

January 2010 to June 2010

This page lists health care related and health care industry related legislation, as tracked by the Delaware Healthcare Association.

Listing of Delaware's State Senators & State Representatives Legislation passed in previous session of the General Assembly.
Legislative Terms This page last updated 07/22/2010
Delaware Senate Bills
Delaware House of Representatives Bills
Federal Legislation
For bills passed in the 1st Session of the 145th General Assembly, Click Here
 

Delaware Senate Bills:

To view the bill and the current status, click on the bill number.

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

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Delaware House of Representatives Bills:

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

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