State of Delaware Health Related & Healthcare Operational Legislation

Passed in the First Session of the

143rd Delaware General Assembly

 

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Delaware Senate Bills
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This Page Last Updated: 09/25/2006

 

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143rd
Delaware General Assembly
January - June 2006

To view bills in the Second Session of the 143rd General Assembly, click here.

 

To view the Delaware General Assembly Site, click here.

 

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

Bill Number

Description 

Status

SB 1 with SA 1 &   HA 1 & SA 3

Re-establishes and continues the Unemployment Insurance Appeals Board.

Signed Into Law 07/07/05

SB 18 with SA 1

Amends the Delaware Prescription Drug Payment program (DPAP) to ensure that, like the Nemours prescription benefit, the Medicare benefit will be the primary source of benefits for those who are eligible for it, but allows for Medicare participants who are otherwise eligible for DPAP assistance to cover gaps left by the Medicare program, including co-pays, premiums, and prescription costs when necessary.

Signed Into Law 04/26/05

SB 32

Enables the Board of Podiatry to issue licenses to podiatric physicians who are participating in a residency program in this state. The license is temporary in nature and valid only for the period of residency or a maximum of 2 years with one renewal. Subsection 513(e) relating to licensure while waiting to take the Podiatric Medical Licensing Examination (PMLEXIS) is eliminated as unnecessary.

Signed Into Law 02/01/06

SB 48 with SA 1

Requires those who are authorized to write drug prescriptions (podiatrists, dentists, physicians, physician’s assistants, advanced practice nurses, optometrists and veterinarians) to write them legibly so that pharmacists filling them can do so accurately and thereby avoid potential harm to the consumers thereof. The regulatory boards of those professions would enforce these provisions just as they do other requirements of those professions.

Signed Into Law 07/12/05

SB 60

Directs the Director of the Division of Public Health to establish a sterile needle and syringe exchange pilot program in the City of Wilmington to help prevent the spread of AIDS and other diseases.  The program would use a mobile health services van to offer HIV testing, health counseling, information on substance abuse treatment, and a one-to-one needle exchange program.

Signed Into Law 07/17/06

SB 62 with HA 2 & HA 4

Increase the minimum wage from $6.15 per hour to $6.65 per hour effective January 1, 2006, and from $6.65 per hour to $7.15 per hour effective January 1, 2007.

Signed Into Law 06/28/06

SB 118

Adds nieces and nephews as those who may act as alternative decision maker for an individual as it relates to consent for elective surgery.

Signed Into Law 06/28/05

SS1 for SB 151

Increase the number of public members on the 16 member Board of Medical Practice from 5 to 7, and thereby increase public participation in the Board. This bill also requires that Board members receive more information about cases that are closed without a hearing. And the bill eliminates a provision which gives the Executive Director and President of the Board the authority to close cases through counseling.

Signed Into Law 07/06/06

SS 1 for SB 153 with SA 1 to SS 1 for SB 153

Creates a system of intrastate mutual aid between participating political subdivisions and fire, rescue, and emergency medical service provider organizations within the State of Delaware.

Signed Into Law 07/12/05

SB 157 with SA 1

Creates a Fetal and Infant Mortality Review (FIMR) process in Delaware based on the National Fetal and Infant Mortality Review model.

Signed Into Law 06/01/06

SB 165

Amends Title 24 of the Delaware Code relating to the practice of Dentistry and Dental Hygiene.  This new Section makes the retention and disposition of dental records consistent with the similar provisions in the Medical Practices Act which deal with patient medical records.

Signed Into Law 06/28/05

SB 179

Amends Title 24 of the Delaware Code relating to the practice of Occupational Therapy.

Signed Into Law 07/21/05

SB 181

Amend Title 16 of the Delaware Code relating to the Delaware Health Resources Board.  This Act implements the recommendations for statutory changes adopted by the Joint Sunset Committee.

Signed Into Law 07/12/05

SB 183

Amend Chapter 37, Title 24 of the Delaware Code relating to Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers.

Signed Into Law 07/06/06

SB 195

Allows a designation on a Delaware driver's license or State issued ID card to warn paramedics of the presence of a pre-hospital advanced care directive.

Signed Into Law 07/12/05

SB 206

Protects active duty military, activated reservists, or members of the National Guard from having their professional licenses expire during active military deployments.

Signed Into Law 07/21/05

SB 285

Provides the Child Death, Near Death and Still Birth Commission access to certain medical and mental health records.

Signed Into Law 07/06/06

SB 295 with SA 1

Moves the government oversight of Managed Care Organizations (MCOs) to the Department of Insurance.

Signed Into Law 07/06/06

SB 297

Increases the maximum benefit under the Prescription Drug Payment Assistance Program to assist eligible individuals in the purchase of prescription drugs and the payment of certain Medicare Part D costs from $2,500 to $3,000.

Signed Into Law 07/06/06

SB 318 with SA 1

Prevents a nursing facility from transferring an individual to an acute care facility and then refusing to accept the individual back as a resident.  The bill also grants the Division of Long Term Care Residents Protection (DLTCRP) the authority to revoke the certificate of a certified nursing assistant.  It also gives the DLTCRP the limited authority to obtain the hospital records of a resident of a nursing facility in cases where the resident’s care and treatment at the facility is under investigation or review by the DLTCRP.

Signed Into Law 07/10/06

SB 339

Deletes the Delaware Health Care Coalition from the Delaware Health Information Network (DHIN) Board of Directors and replaces it with the Secretary of the Department of Technology and Information.

Signed Into Law 07/10/06

SB 365

Adds reciprocity to the Chemical Dependency Professionals Subchapter under Title 24, Chapter 30.  The bill also clarifies the criteria that must be met for a licensure to be in good standing for reciprocity purposes.

Signed Into Law 07/10/06

SB 368

Requires recommended HIV testing for women in the third trimester of pregnancy who are deemed to be at high risk for acquiring HIV.

Signed Into Law 07/20/06

SB 385

Amends Title 24 relating to the Medical Practice Act to make technical corrections to insert language required by the Federal Bureau of Investigation with regard to obtaining criminal history checks.

Signed Into Law 07/10/06

SB 403

Allows the Boards of accountancy, landscape architecture, architects, podiatry, chiropractic, cosmetologists, barbers and aestheticians, dental examiners, electrical examiners, medical, plumbing examiners, nursing, occupational therapy, examiners of optometry, pharmacy, physical therapists and athletic trainers, professional land surveyors, dietetics/nutrition, real estate commission, real estate appraisers, mental health and chemical dependency professionals, funeral services, veterinary medicine, psychology, geology, speech pathologists, audiologists, and hearing aid dispensers, clinical social work examiners, nursing home administrators, massage and bodywork, athletic agent examiners, and manufactured home installation to waive convictions substantially related to the professions under certain conditions.  The bill also makes some technical corrections regarding SB 229 enacted by the 142nd General Assembly.

Signed Into Law 07/20/06

SJR 8 with SA 1

Extends the period of time that the Division of Public Health has to promulgate regulations bearing on home health agencies.

Signed Into Law 01/26/06

SR 26

Creates a Health Service Corporation Task Force to examine Delaware’s Health Service Corporation Statute and to determine if the Statute is fulfilling its original intent and is benefiting Delaware’s health care consumers.

Senate – Passed

 

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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

HB 18 with SA 1

Allows the State Fire Prevention Commission to extend the suspension of an ambulance attendant or EMT's certification to allow for a hearing, when that ambulance attendant or EMT was initially suspended by an Emergency Medical Services Medical Director. The Act also allows for Judicial Review of a decision by the Commission to suspend a certificate when the ambulance attendant or EMT no longer meets qualifications.

Signed Into Law 06/23/05

HB 33 with HA 1

Allows a pharmacist to put on the drug container label the symptom or purpose for the drug being prescribed, but only if a practitioner, as part of the prescription, indicates that the patient or their authorized representative so requests or consents to that information being on the label.

Signed Into Law 07/07/05

HB 50 with HA 1

Promotes patient safety and safe medication practices by limiting activities that require clinical and technical knowledge to a pharmacist or to a pharmacy intern or pharmacy student under the direct supervision of a pharmacist.  The Bill promotes efficiency within pharmacy operations by allowing pharmacists to delegate non-clinical activities to pharmacy support personnel.
Deletion of Section (e) modernizes the statues.  Section (e) provided for the grandfathering of pharmacy assistants, who received training through pharmacy apprenticeship programs, into licensed pharmacists.  These programs were common in the early 1900s and are no longer in existence today.

Signed Into Law 05/15/06

HB 67 with SA 1

Establishes a Volunteer License category for qualified dentist and dental hygienist who volunteer their time in non-profit dental clinics or non-profit dental services within the State which are approved by the Delaware Health Care Commission and approved by the Board of Dental Examiners.

Signed Into Law 07/07/05

HB 75 with HA 1

Reorganizes and revises the Medical Practices Act pursuant to the recommendations of the Joint Sunset Committee.

Signed Into Law 07/12/05

HS 2 for HB 108

Requires that all immunizations administered to children less than eight years of age or pregnant women contain no more than trace amounts of mercury because of the potential harmful effects it may have.

Signed Into Law 07/12/05

HB 116 with HA 1, HA1 to HA1, HA2 to HA1, HA3 to HA1, HA4 to HA1, and HA6 to HA1

Requires an individual or a commercial entity that conducts business in Delaware and that owns or licenses computerized data that includes personal information to notify a resident of Delaware of any breach of the security of the system immediately following the discovery of a breach in the security of personal information of the Delaware resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person.

Signed Into Law 06/28/05

HB 133 with HA 1, and HA 1 to HA 1

Expands to medical malpractice insurance carriers the existing duty to report settlements and jury verdicts of medical malpractice cases to the Insurance Department.

Signed Into Law 07/07/05

HB 167

Broadens the definitions of “abuse” and “neglect” used by Delaware’s Adult Abuse Registry to include acts of abuse and neglect committed against all infirm adults, regardless of whether they are patients or residents of a licensed facility.

Signed Into Law 07/12/05

HB 182

Under this Bill, a primary supervisor of a Delaware State Trooper whose life has been taken in the line of duty will have the full cost of a basic individual contract of health care coverage paid for by the State of Delaware as long as that person is a primary survivor.  This bill has been made retroactive to cover the family of Corporal Christopher Shea who lost his life while serving the State of Delaware.

Signed Into Law 07/07/05

HB 190 with SA 2

This Act, known as the Personal Assistance Services Agency Act, establishes a system through which minimum standards of consumer protection, abuse reporting, and service evaluation are adopted and enforced by personal assistance service agencies and the DHSS Division of Public Health.  It requires that each caregiver is subjected to a criminal history record investigation and that the terms, scope, and duration of service are documented by the agency.

Signed Into Law 06/27/06

HB 194

Removes the expiration date of June 30, 2005 for the Interstate Nurse Licensure Compact.

Signed Into Law 06/28/05

HB 200

Eliminates the Sunset Provision of the Safe Arms for Babies Act passed in 2001.

Signed Into Law 07/06/06

 

HB 202 with HA 1

Establishes the Delaware Healthy Mother and Infant Consortium.

Signed Into Law 01/26/06

HB 205 with HA 1 and HA 2

The Act establishes a requirement that every hospital in the State perform universal newborn and infant hearing screening activities.  This Act also provides that such screening shall be covered by health insurance policies issued in Delaware.

Signed Into Law 07/07/05

HB 215 with HA 1 and SA 1

This Act establishes a Board of Professional Counselors of Mental Health, Chemical Dependency Professionals, and Marriage and Family Therapists to license and regulate therapists, counselors, and similar practitioners.

Signed Into Law 06/30/05

HB 219 with HA 1

Creates an Occupational Health Program within the Division of Public Health to assess hazards in the workplace in Delaware.

Signed Into Law 06/30/05

HB 235

Extends the Delaware Healthy Children Program to include dental health care for children enrolled in the program.

Signed Into Law 07/10/06

HB 261 with HA 1

Allows the Delaware Department of Health and Social Services, the Health Care Commission, or any contractor working on behalf of these entities access to certain data for compiling statistics regarding supply and demand, and projections of licensed health care professionals.  The Act also requires the subsequent report to be provided to the Division of Professional Regulation.

Signed Into Law 02/01/06

HB 266

Amends Title 24, Chapter 35 of the Delaware Code relating to the Board of Examiners in Psychology.  Provides that the doctorate degree of an applicant applying for licensure through reciprocity must be in the field of Psychology as is currently required of an applicant by direct licensure.

Signed Into Law 06/30/06

HB 282

Makes the membership of the advisory committee on ambulance service better reflect the organizations providing ambulance service in Delaware.

Signed Into Law 04/04/06

HB 299

Amends Titles 1, 3, 6, 7, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 26, 29, 30, and 31.  Establishes the Office of Management and Budget and transfers selected Divisions and other organizational units under this new Office.  This bill affects the Division of Professional Regulation.

Signed Into Law 06/30/05

HB 324

Amends the Patients’ Trust Fund to conform to Social Security Regulation 20 CFR Section 404.2045, and to the Cash Management Policies of the State. The Act also requires that interest earned on Patients’ Trust Funds be credited monthly to the Patients’ individual accounts.

Signed Into Law 06/01/06

HB 325

Allows the Bureau of Health Planning and Resources Management, located within the Division of Public Health, to charge fees to cover the cost incurred by the Bureau in administering the Conrad State 30/J-1 Visa Waiver Program.  This Program, established by the United States Department of Health and Human Services, enables international medical graduates to practice in medically underserved areas without returning to their home country for at least two (2) years before re-entering the United States. Acting as an interested state agency, the Delaware Department of Health and Social Services may make a recommendation to the U.S. Department of State to recommend that the Immigration and Naturalization Service waive the home residence requirement for up to thirty (30) J-1 physicians annually who agree to practice for a minimum of three (3) years in an underserved area of the State of Delaware. The Program enables Delaware to place physicians in underserved areas and improve access to care.  The Bureau receives no funding for staff support and other expenses necessary to administer the program. This Act will help offset those expenses.

Signed Into Law 06/15/06

 

HB 335 with HA 1

Permits the operation and/or administration of a Delaware State Veterans’ Home by the Delaware Commission of Veterans’ Affairs.

Signed Into Law 06/20/06

HS 1 for HB 412

Amends the Delaware Statute to allow open sympathetic and compassionate communication between health care providers, patients, and their families.

Signed Into Law 07/10/06

HB 418

Amends Title 24 to allow a practitioner to give a patient drugs without return value, but must the practitioner must label them in accordance with this section of the Code.

Signed Into Law 07/10/06

HB 446 with HA 1 & HA 2

Requires health insurance carriers subject to State regulation to continue coverage for adult children under a pre-existing family policy or adult and dependent coverage until those children turn 24 years of age, provided the children either live in Delaware or are full-time students.

Signed Into Law 07/10/06

HB 472 with HA 1 & HA 2

Stops the unfair practice of non-practicing, out-of-state Doctors of Chiropractic becoming licensed in Delaware solely for the purpose of reviewing, and often denying, the treatment given to Delaware residents.  In addition, patients who wish to challenge a reviewer’s decision will more likely have the opportunity to get an in-person examination in addition to the review.

Signed Into Law 07/06/06

HB 498 with HA 1

Requires criminal background checks for applicants seeking licensure as registered and licensed practical nurses in the State of Delaware.

Signed Into Law 06/28/06

HCR 14

Establishes the Delaware National Guard and Military Reservist Health Insurance Support Group to promote acceptance of the military medical insurance programs.

House - Passed
Senate - Passed

HCR 36

Requests that the Department of Health and Social Services to apply for Federal funds for promotion of awareness and prevention of cardiovascular disease in women.

House – Passed
Senate – Passed

HCR 45

Designating February as American Heart Awareness Month and Recognizing the Go Red for Women Movement in Delaware.

House – Passed

Senate – Passed

HCR 70

Establishes a Blue Ribbon Task Force to investigate and make recommendations thereto as to the feasibility of developing a C2H60 Ethanol plant and delivery system within the State of Delaware.

House – Passed

 

HR 30

Creates a Task Force to review and evaluate healthcare associated infections and submit its findings to the Speaker of the House by March 31, 2006.

House – Passed

HR 42

Establish a Task Force to review the use of Ritalin by school age students and submit a report to the Speaker of the House by April 30, 2006.

House – Passed

HR 70

Urges the Secretary of Labor to reconvene the Delaware Workers’ Compensation Advisory Council.

House - Passed

HR 89

Establish a Task Force to review service needs for adults on the autism spectrum who are not currently supported by any adult service agency.  The Task Force shall report its findings to the House of Representatives on or before May 31, 2007.

House – Passed

HR 93

Establish a Task Force to study mental health issues for the citizens of the State of Delaware and report its findings to the Speaker of the House of Representatives by January 16, 2007.

House – Passed

HR 94

Creates the Health Insurance Entities Task Force to examine Delaware’s existing legislation in three areas relating to health insurance:  health service corporations, health maintenance organizations, and health insurance rate regulation.  The Task Force shall assess how the existing Statutes are meeting their intended purposes, and shall make recommendations to the House of Representatives by March 15, 2007 for any desirable changes to those laws.

House - Passed

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