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Delaware Legislation


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151st General Assembly 


House Bills

Number: HB 2
DHA Position: None
Status: Stricken in House

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

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Number: HB 4
DHA Position: No Position
Status: Signed into Law 6/3/2021

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

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Number: HB 7
DHA Position: No Position
Status: Signed into Law 9/17/2021

An Act to amend Title 11 of the Delaware Code relating to the Adult Correction Healthcare Review Committee.  This Act makes permanent and temporary changes to the Adult Correction Healthcare Review Committee ("ACHRC") which is a committee that serves in an advisory capacity to the Governor, General Assembly and the Commissioner of the Department of Correction on all matters relating to the provision of inmate health care services. The permanent changes include adding to ACHRC a healthcare professional who by virtue of the professional's training, education, and specialization hold expertise in correctional health and allowing either a psychiatrist or forensic psychologist to serve as a member. The temporary changes address the Department's response to COVID-19 from March 12, 2020 to March 30, 2021. This Act requires ACHRC to provide a report to the Governor, General Assembly and Commissioner a report regarding the efficacy and appropriateness of the Department's response identifying total numbers of correctional officers and inmates who tested positive and died from COVID-19 or COVID-19 related illnesses. The report also identifies the strengths, weaknesses, and opportunities for improvement and assesses the medical treatment provided to inmates who tested positive for COVID-19. The Act authorizes ACHRC to request records, consult with additional medical professionals and engage additional staff. Finally, for 2021 and 2022, the Chairpersons of the House and Senate Corrections Committees will be voting members of ACHRC, but cannot designate another individual to attend meetings or vote.  SA 1  increases the size of the Adult Correction Healthcare Review Committee and adds as a member an organization that serves inmates and inmates' families.  HA 1 makes technical corrections to Senate Amendment No. 1 to House Bill 7.

 

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Number: HB 8
DHA Position: No Position
Status: Signed into Law 10/20/2021

An Act to amend Title 29 of the Delaware Code Relating to Drinking Water.  This Act mandates that the Department of Natural Resources and Environmental Control and the Division of Public Health establish maximum contaminant levels for specific contaminants found in drinking water in this state. Such contaminants include PFOA and PFOS, which are man-made chemicals. In certain studies, these chemicals were found to be associated with increased risks of chronic diseases. The Environmental Protection Agency, thus far, has not established a maximum contaminant levels, but have issued health advisories. The establishment of maximum contaminant levels is essential in order to protect the health and safety of all Delawareans from contaminants in drinking water.  HA 2 clarifies that the Division of Public Health will work in collaboration with the Department of Natural Resources and Environmental Control. This amendment also changes the time, from 6 months to 9 months, by which the Department and Division shall conduct public hearings on proposed regulations. Finally, this amendment requires the Division, in collaboration with the Department, to develop and revise on a periodic basis, the maximum contaminant level by reviewing assessments conducted by the EPA, information published in peer-reviewed journals, the state-side survey data, and findings and recommendations resulting from public meetings of the Delaware PFAS Steering Committee and the Delaware PFAS Team, both of which are defined in the amendment.  SA 1 removes references to a Delaware PFAS Steering Committee and Delaware PFAS Team.


 

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

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

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Number: HB 21
DHA Position: Support
Status: Signed into Law 8/4/2021
 

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

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Number: HB 31
DHA Position: No Position
Status: Signed into Law 9/17/2021

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

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Number: HB 33
DHA Position: Support
Status: Signed into Law 4/13/2021

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

 

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Number: HB 35
DHA Position: Support
Status: Signed into Law 2/17/2021

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

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

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

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

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

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

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

 

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Number: HB 48
DHA Position: Support
Status: Signed into Law 8/10/2021

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



 

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

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

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Number: HB 51
DHA Position: No Position
Status: Signed into Law 4/13/2021

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

 

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

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

 

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Number: HB 62
DHA Position: No Position
Status: Introduced and Assigned to the Economic Development/Banking/Insurance & Commerce Committee in House

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

 

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Number: HB 63
DHA Position: Support
Status: Signed into Law 6/3/2021
 

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

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

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

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Number: HB 77
DHA Position: No Position
Status: Signed into Law 8/4/2022

An Act to amend Title 11 of the Delaware Code relating to the Prohibition of Harmful Flame Retardants.  This Act prohibits the manufacture, sale, or distribution of children's products, upholstered furniture used in residences, and mattresses that contain harmful flame retardant chemicals. These flame retardants have been found to cause cancer, particularly to firefighters who are extinguishing fires that involve products that contain these chemicals. This Act does not apply to any of the following: 1. The sale of used products. 2. Furniture purchased for public use in public facilities 3. Thread or fiber used for stitching mattress components. 4. Children’s products that are not primarily intended for use in the home. 5. Products being transferred to a vehicle at a warehouse or distribution center for delivery in another state. 6. Electronic components. This Act takes effect on July 1, 2021.  HA 2 1. Makes this Act consistent with California law by clarifying that for adult mattresses, the restrictions on the flame retardant chemicals and organohalogens only apply to foam. 2. Exempts used mattresses. 3. Clarifies the exemption for electronic components, making it applicable to the electronic components in children’s products, mattresses, and upholstered furniture, using language consistent with the law in California and New York. 4. Provides a blanket exception that allows mattresses or upholstered furniture that can be sold in California to be sold in Delaware. 5. Changes the name of Chapter 25G and corrects spelling and terminology. 6. Changes the effective date to July 1, 2023.  

 

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Number: HB 87
DHA Position: No Position
Status: Signed into Law 6/15/2021

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

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Number: HB 88
DHA Position: No Position
Status: Signed into Law 9/30/2021
 

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

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Number: HB 91
DHA Position: Oppose
Status: Signed into Law 7/23/2021
 

An Act to amend Titles 6 of the Delaware Code relating to Prohibited Trade Practices.  This Act amends Delaware’s Consumer Fraud Act (Subchapter II, Chapter 25, Title 6 of the Code), to give Delaware consumers and businesses the protection against unfair acts or practices in commerce that the General Assembly intended to give them when it enacted the Consumer Fraud Act. When the General Assembly enacted the Consumer Fraud Act in 1965, it stated, in what is now § 2512 of Title 6 of the Code, that the purpose of the Consumer Fraud Act is “to protect consumers and legitimate business enterprises from unfair or deceptive merchandising practices in the conduct of any trade or commerce in part or wholly within this State,” and that “[i]t is the intent of the General Assembly that such practices be swiftly stopped.” The act also amends § 2513(a) to add the term “receipt,” to clarify that persons who provide goods or services at no charge to consumers—such as social media companies funded by advertising revenue—are not precluded from being held liable for engaging in consumer fraud simply because they may not directly sell or lease their goods or services to consumers.  HA 1 modifies the definition of “unfair practice” to more closely follow the definition of “unfair trade practice” currently used by the Federal Trade Commission, and reflects negotiations with stakeholders regarding the Act.

 

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Number: HB 95
DHA Position: No Position
Status: Signed into Law 6/15/2021

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

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Number: HB 97
DHA Position: No Position
Status: Stricken in House

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

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Number: HB 100
DHA Position: No Position
Status: Signed into Law 8/19/2021

An Act to amend Titles 14 of the Delaware Code relating to Free Public Schools.  This Act establishes a mental health services unit for Delaware elementary schools. The unit is at a ratio of 250 full-time equivalent students grades K-5 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally, a unit ratio of 700 full time equivalent students for grades K-5 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in elementary schools. Mental Health disorders are the most common health problem for school aged youth. According to the National Institute of Mental Health (NIMH), one in five youth are affected by a mental health disorder. Additionally, 50% of lifetime mental illnesses begin by age 14. Untreated mental illness leads to negative outcomes including increased risk of dropout, homelessness, substance abuse, other chronic illnesses, incarceration, and possibly suicide. According to the National Alliance on Mental Health, ninety percent of people who have taken their own life have had an underlying mental health condition, and suicides are on the rise. According to the Center for Disease Control and Prevention, suicides are now the second leading cause of death for youth ages 10-14. Delaware schools need trained and experienced mental health professionals to provide prevention and support programs and services to students. Currently, as reported by Delaware school districts, 86% of elementary schools do not employ a school social worker, and ratios of students to school counselors and school psychologists far exceed national best practices. This bill will lower ratios and increase access to mental health services for elementary school students.  HA 2 phases implementation of House Bill No. 100 out over three years in regard to school counselors, licensed clinical social workers, and school social workers. Current ratios of students to these professionals far exceed those recommended by leading counseling and mental health organizations. Gradual implementation is needed to allow Delaware school districts time recruit and retain these critical positions. This amendment also provides districts flexibility to allocate units where needed most, prioritizing disadvantaged students and students with special needs. Additionally, it adds district Pre-Kindergarten to the strategic plan. The amendment also makes technical corrections since there was duplication of many of the "Whereas" clauses.
 

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

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

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Number: HB 111
DHA Position: Support
Status: Signed into Law 6/15/2021

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

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Number: HB 119
DHA Position: No Position
Status: Signed into Law 10/27/2021

An Act to amend Title 1 of the Delaware Code Relating to Legal Holidays.  This Act establishes Juneteenth as a State holiday. Juneteenth commemorates the emancipation of the last enslaved African Americans in the United States. The Act adds Juneteenth as a legal holiday and reduces the number of floating holidays from 2 to 1. The two floating holidays were created by the 145th General Assembly as replacements for Presidents Day and Columbus Day. This Act replaces the floating holiday that replaced Columbus Day with a legal holiday to celebrate Juneteenth. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  HA 1 restores original language in § 501 of Title 1 directing the Office of Management and Budget to promulgate policies and procedures to implement 2 floating holidays. The Amendment clarifies that HB 119 designates Juneteenth a permanent legal holiday in this State not a floating holiday. This Amendment also corrects subsection numbering.

 

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Number: HB 122
DHA Position: No Position
Status: Signed into Law 10/20/2021

An Act to amend Title 19 of the Delaware Code Relating to Employment of and Wages Payable to Persons with Disabilities.  This Act is called the Jamie Wolfe Employment Act in recognition of Jamie Wolfe, a powerful disability rights advocate who worked tirelessly on behalf of people with disabilities for equal rights and equal access to education, housing, competitive and integrated employment, transportation and community-based services. The Act requires that authorization to pay individuals with disabilities less than the minimum wage required to be paid to other employees will be phased out by July 1, 2023. It is consistent with the goals of the Employment First Act enacted by the 146th General Assembly and with national trends. In September 2020, the United States Commission on Civil Rights recommended that 14(c) certificates be phased out. The Employment First Oversight Commission created in the Employment First Act is charged with the responsibility of developing and implementing a plan for the phase-out and insuring that the needs of affected providers and employees with disabilities working at less than minimum wage are considered as the phase-out is implemented. HA 2 strengthens the role of stakeholders in developing the 14(c) phase out plan by requiring the Employment First Commission to appoint a task force comprised of stakeholders, including national subject-matter experts, to develop the phase out plan as opposed to merely consulting with stakeholders. The Amendment also adds a requirement that the phase out plan include consideration of current sheltered workshop employees’ wishes to continue working in or near the same location and people with whom the employee is friendly or familiar. This amendment changes the date by which the Employment First Oversight Commission shall develop their implement their plan from July 1, 2023 to January 31, 2024 in order to afford ample time to convene and complete the tasks necessary. This amendment also includes in the plan assurance of adequate funding to support those employers once an individual is hired and the number of individuals who may lose a job opportunity as a result of a minimum wage increase. Finally, the amendment requires that the Commission provide the plan to the General Assembly.


 

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Number: HB 129
DHA Position: Support
Status: Assigned to Appropriations Committee in House

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

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Number: HB 140
DHA Position: Oppose
Status: Out of Committee in House

An Act to amend Title 16 of the Delaware Code relating to End of Life Options.  This Act permits a terminally ill individual who is an adult resident of Delaware to request and self-administer medication to end the individual's life in a humane and dignified manner if both the individual's attending physician or attending advanced practice registered nurse (APRN) and a consulting physician or consulting APRN agree on the individual's diagnosis and prognosis and believe the individual has decision-making capacity, is making an informed decision, and is acting voluntarily. This Act uses terms and definitions that are consistent with other Delaware laws in Title 16, specifically Chapter 25 (regarding advance health-care directives) and Chapter 25A (regarding Delaware Medical Orders for Scope of Treatment). This Act also provides the following procedural safeguards: 1. No one may request medication to end life on behalf of another individual. 2. An individual cannot qualify for medication to end life under this chapter solely because of the individual's age or disability. 3. Both the individual's attending physician or attending APRN and a consulting physician or consulting APRN must confirm that the individual has a terminal illness and a prognosis of 6 months or less to live, has decision-making capacity, is making an informed decision, and is acting voluntarily. 4. The individual's attending physician or attending APRN must also provide specific disclosures to the individual to ensure that the individual is making an informed decision, including the presentation of all end of life options which include comfort care, palliative care, hospice care, and pain control. 5. The individual must be evaluated by a psychiatrist or a psychologist if either the attending or consulting physicians or APRNs are concerned that the individual lacks decision-making capacity. 6. The individual must complete a witnessed form requesting medication to end life and there are limitations on who can witness the signing of the form. 7. The attending physician or attending APRN must offer the individual the opportunity to rescind the request for medication to end life before writing a prescription for the medication. 8. Two waiting periods must pass before the attending physician or attending APRN may prescribe the medication to end life. 9. An insurer or health-care provider may not deny or alter healthcare benefits otherwise available to an individual based upon the availability of medication to end life or otherwise coerce or require a request for medication to end life as a condition of receiving care. 10. A health-care institution may prohibit a physician or APRN from prescribing medication to end life on the health-care institution's premises. 11. A request or prescription for or the dispensing of medication under this Act does not constitute elder abuse, suicide, assisted-suicide, homicide, or euthanasia. 12. People acting in good faith and in accordance with generally accepted health-care standards under this Act have immunity, but those acting with negligence, recklessness, or intentional misconduct do not have criminal or civil immunity. 13. The Department of Health and Social Services must develop rules and regulations to collect information regarding compliance with this Act, complete an annual statistical report of information collected under this Act, and may review samples of records maintained under this Act. This Act is known as "The Ron Silverio/Heather Block End of Life Options Law" in memory of Ron Silverio and Heather Block, who were passionate advocates that passed away without this option becoming available to them.  HA 1, which does all of the following: 1. Removes the provision providing that the failure of a physician or APRN to inform an individual with a terminal illness information that medication to end their life in a humane and dignified manner is available is considered a failure to obtain informed consent for subsequent medical treatment. 2. Corrects typographical errors. 3. Clarifies the requirements for properly disposing of unused medications. 4. Allows the Department of State to also promulgate regulations or develop forms and protocols necessary under Chapter 25B of Title 16. 5. Allows a physician or APRN to refuse to prescribe medication under this chapter. 6. Delays the implementation of this Act until final regulations required under § 2511B of Title 16 have been promulgated or July 1, 2023, whichever occurs earlier, was placed with the Bill.

 

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Number: HB 141
DHA Position: Support
Status: Signed into Law 8/4/2021

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

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Number: HB 150
DHA Position: Oppose
Status: Out of Committee in House
 

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

  • HA 1 helps ensure a more standardized approach to the assessments and accreditation processes and helps to assure better product safety was placed with the Bill.  
  • HA 2 adds the requirement that marijuana testing facilities shall achieve accreditation within the first applicable licensing period was placed with the Bill.  
  • HA 3 changes the definition of "disproportionately impacted area". It also expands the definition of "locality" to include county governments. It imposes an obligation on the Commissioner to not impose regulations that would be an unreasonably impracticable burden to the industry. This amendment also alters language regarding small businesses promoting diversity. It adds requirements to the list of "best practices" and to the criteria for the competitive scoring process for all license types. It revises language regarding an applicant's plans for operations, training, and staffing, and alters the criteria for the competitive scoring process for open license types. It amends the definition of "social equity applicant". This amendment also removes the proposed statute § 1331, regarding Financial Assistance. It also makes a technical correction to the bill.  
  • HA 4 requires the Commissioner and the Department of Agriculture to maintain communication regarding the cultivation of hemp and marijuana. This amendment provides that the Commissioner may grant a social equity applicant a conditional license and sets out the requirements for maintaining the conditional license. This amendment also makes changes the Marijuana Regulation Fund and the Marijuana Control Enforcement tax. This amendment makes a technical revision to the expungement section of the bill so that it will not conflict with other pending legislative measures relating to expungement. Finally, this amendment makes minor technical corrections.  
  • HA 5 removes provisions relating to employers.  
  • HA 6 removes the establishment of the Social Equity Fund, and instead gives the Commissioner the authority to investigate opportunities for financial assistances that can be offered to social equity applicants. 
  • HA 7 adds requirements to the packaging and labeling of marijuana and marijuana products to enhance child safety.  
  • HA 8 requires the Marijuana Oversight Committee to publish data in its annual report concerning the number of applicants who have reported that they have been convicted of or adjudicated delinquent or are married to or the child of a person who has been convicted of or adjudicated delinquent of a marijuana-related offense. This amendment also requires an applicant for any license to provide a statement whether the applicant has been, or the applicant is married to or the child of a person who has been convicted of or adjudicated delinquent of a marijuana-related offense. The Commissioner cannot use the applicant’s statement into consideration but will provide that information to the Marijuana Oversight Committee so that it can include that data in its annual report. Finally, this amendment changes the criteria for a social equity applicant.
  • HA 9 expands the definition of "locality" to include county governments.
  • HA 10 removes the requirement that an applicant submit an attestation affirming the applicant has a project labor agreement or will utilize a project labor agreement for construction of a marijuana cultivation facility.
HA 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 were Placed with the Bill.
 

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Number: HB 154
DHA Position: No Position
Status: Out of Committee in House

An Act to amend Title 19 of the Delaware Code relating to Discrimination in Employment.  This Act makes it an unlawful employment practice for an employer to discriminate against any individual because of their political affiliation or political belief.
 

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Number: HB 157
DHA Position: None
Status: Signed into Law 9/15/2021

An Act to amend Titles 16 of the Delaware Code relating to the Uniform Controlled Substances Act.  This Act expands the definition of “prescription drug order” to include orders issued electronically. This Act also eliminates the condition on the issuance by a pharmacist, pharmacist intern or pharmacy student of a hypodermic syringe or needle without a prescription to someone who will self-administer medication or administer medication to a minor child by a parent or legal guardian, but only to persons age 18 or older. This Act repeals an existing paragraph in Title 16, § 4762(c) of the Delaware Code which makes it a Class G felony to deliver, dispose of or give away a hypodermic syringe or needle except as prescribed by Title 16, § 4762 of the Delaware Code. The Act also makes corrections to existing law to make it conform to the standards of the Legislative Drafting Manual.  HA 1 adds persons who are licensed allied health professionals in addition to those licensed by the Delaware Board of Nursing to the categories of conduct or persons excepted from the prohibition against providing hypodermic syringes or needles to persons under the age of 18 without a prescription and requiring that hypodermic syringes or needles be disposed of in a manner so as to render them unfit for reuse.

 

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Number: HB 160
DHA Position: Support
Status: Signed into Law 6/23/2021

An Act to amend Titles 18 and 24 of the Delaware Code relating to Preserving Telehealth and Adopting the Interstate Medical Licensure Compact.  This Act, known as the Telehealth Access Preservation and Modernization Act of 2021, continues and enhances Delawareans’ access to telehealth and telemedicine services and, through the adoption of the Interstate Medical Licensure Compact, ensures that telehealth services can be provided through qualified medical practitioners in a streamlined and efficient pathway to licensure that meets the health care delivery system needs of the 21st century. With respect to telemedicine and telehealth, this Act consolidates the existing law relating to telehealth within a single new chapter applicable to all health-care providers authorized to practice telemedicine and participate in telehealth and makes permanent the telehealth flexibilities put in place for the Covid-19 pandemic. The Act carries through many of the changes embodied in the Covid-19 telehealth legislation passed by the 150th General Assembly in 2020 (HS 1 for HB 348 with HA1, signed 7/17/20), which will otherwise expire on July 1, 2021. The changes made in HB 348 that are made permanent by this Act include: 1. Removing all existing Title 24 statutory requirements that patients present in-person before telemedicine services may be provided. This Act continues the suspension of those requirements, but specifies that the requirement that a patient present in-person prior to the delivery of telemedicine services and telehealth is excused only under circumstances rendering an in-person examination impractical or when there is already an existing relationship established. 2. Modernizing the modality of permissible telemedicine and telehealth services; instead of limiting telehealth to interactions that must involve both audio and visual technology; this Act preserves flexibility for situations where patients do not have access to broadband connections or smartphones and need to consult with a physician by landline or audio-only cell phone, subject to existing professional standard of care requirements. Audio and visual visits will continue to be the preferable method for delivery of telehealth and telemedicine services. This Act also consolidates telehealth and telemedicine scope of practice, which currently appear in each separate chapters of Title 24 pertaining to regulated practitioners in order to provide consistent telehealth practice across license categories. This is increasingly important for facilitating integrated health-care services delivery, but it does not limit any of the existing authority of the State’s professional licensing boards in Title 24 to regulate their respective licensed professions and occupations. This Act adopts the Interstate Medical Licensure Compact (IMLC) in Delaware, joining the 29 States that are already members of the IMLC, including many of our neighboring states (Maryland is a member; Pennsylvania is in process of implementing the Compact; New Jersey has introduced IMLC legislation). https://www.imlcc.org/participating-states/ The long-term benefits of telehealth are best realized when accompanied by cross-state medical licensure capabilities available through adoption of the Interstate Medical Licensure Compact. The Compact creates a voluntary, expedited pathway to state licensure for physicians who want to practice medicine in multiple states. An eligible physician can qualify to practice medicine in multiple states by completing one application within the Compact, and receipt of separate licenses from each state in which the physician intends to practice. The Compact does not change the scope of Delaware’s authority to regulate physician practice under the existing Medical Practice Act. It simply creates another pathway for licensure.   HA 1 corrects the inadvertent omission of some strike through and underlining.

 

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Number: HB 161
DHA Position: Support
Status: Signed into Law 7/30/2021

An Act to amend Titles 16 of the Delaware Code relating to the Definition of Hospitals.  This Act adds an additional classification for surgical hospitals. House Bill No. 91 adopted by the 150th General Assembly (82 Del. Laws c. 73) revised the statutory definition of hospital and classified hospitals as either General, Long-term care, Psychiatric, or Rehabilitation. The existing classifications do not include surgical hospitals, those specialized hospitals providing surgical services at a level of care higher than freestanding surgery centers but whose patients do not require all of the services provided by “General” acute care hospitals. This Act will allow the Department of Health and Social Services to license and regulate surgical hospitals providing inpatient and outpatient surgical services to patients whose duration of stay is not expected to exceed 72 hours. This Act also makes technical corrections to existing law to make it consistent with the Legislative Drafting Manual.  HA 1 clarifies the services a surgical hospital must provide on-site which are similar to the services a general hospital must provide on-site in contrast to the services which are not required to be provided at long-term care, psychiatric and rehabilitation hospitals. General hospitals must have an emergency department with facilities and staff while surgical hospitals are only required to provide basic emergency care. Both General and surgical hospitals are required to provide diagnostic x-ray, clinical laboratory and operating room services all with facilities and staff.
 

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Number: HB 177
DHA Position: No Position
Status: Stricken in House

An Act to amend Title 6 of the Delaware Code relating to Prohibited Trade Practices Forbidding Discrimination Against Cash Payments by Consumers.  This Act prohibits the seller of consumer goods or services from refusing to accept cash payment, except in limited circumstances. Sales covered by this Act are those made at a retail store through an in-person transaction. The Act does not apply to sales of goods or services by electric or gas utilities, telephone, mail or internet sales, or for services provided at parking lots or garages. It creates graduated civil penalties for violations and provides consumers a private right of action to recover double damages, including consequential damages, for a second violation of the law and triple damages for subsequent violations. The Division of Consumer Protection has authority to enforce the law.

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Number: HB 184
DHA Position: Support
Status: Signed into Law 9/15/2021

An Act to Amend Title 16 of the Delaware Code relating to The Newborn Screening Program.  This Act reduces the time frame to obtain a blood specimen from newborn infants from 72 hours to 24 to 48 hours after birth for screening for metabolic, hematologic, endocrinologic, immunologic and certain structural disorders. It also requires that blood specimens be destroyed once screening and testing is complete including confirmation of any diagnosis. It also provides that the Division of Public Health provide abnormal results only to the physician of record. It also requires all fees collected from newborn screening to be used to defray operating expenses associated with the Newborn Screening Program and for programs to ensure optimal health and development across the lifespan of the maternal and child health population. Finally, the Act makes several technical corrections consistent with the Delaware Legislative Drafting Manual.
 

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Number: HB 186
DHA Position: No Position
Status: Signed into Law 9/17/2021

An Act to Amend Title 24 of the Delaware Code relating to The Board of Podiatry.  This Act makes the Board member terms of appointment equal in length to each other by eliminating language pertaining to when a Board member is appointed to fill a vacant seat. This Act also changes the Board meeting requirement from at least once per quarter to at least once per calendar year. The ability to meet more frequently remains intact.
 

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Number: HB 192
DHA Position: No Position
Status: Introduced and Assigned to Administration Committee in House

An Act to amend Chapter 20 of the Delaware Code Relating to Notarization.  Under the Governor’s Eleventh Modification of the COVID-19 State of Emergency Declaration, and continuing upon passage of Senate Bill No. 247, remote notarization and witnessing by Delaware attorneys via audio-visual technology has been permitted. This provision is currently set to sunset on June 30, 2021. This Act extends the provision through June 30, 2022.
 

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Number: HB 196
DHA Position: No Position
Status: Signed into Law 9/17/2021

An Act to amend Title 14 and 31 of the Delaware Code relating to the Parents Right to Know Act.  The Act places the Parents Right to Know Act in the Department of Education instead of the Department of Services for Children, Youth, and Their Families. This Act also clarifies the notice requirements.  HA 1, which changes the minimum time the signed statement must be retained by the child care facility from 3 years to 3 months.

 

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Number: HB 199
DHA Position: No Position
Status: Introduced and Assigned to Administration Committee in House

An Act Proposing an Amendment to Article 1 of the Delaware Constitution Relating to Equal Rights.  In 2019, Delaware amended the state constitution to prohibit the denial or abridgement of equal rights under the law based on sex, and thereafter in 2020, race, color, and national origin were added. This Act is the first leg of a constitutional amendment to add sexual orientation, gender identity, and disability to Article I, § 21 of the Delaware Constitution to declare explicitly that protection against discrimination based on sexual orientation, gender identity, and disability is one of Delaware's fundamental rights.
 

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Number: HB 200
DHA Position: Support
Status: Signed into Law 7/22/2021

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

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Number: HB 203
DHA Position: No Position
Status: Introduced and Assigned to Administration Committee in House

An Act to amend Title 20 and 29 of the Delaware Code relating to the Suspension of the Delaware Freedom of Information Act (FOIA).  This Act proposes to limit the Governor’s abilities during a State of Emergency in regard to the Delaware Freedom of Information Act, exempting it from Title 20, Chapter 31. This Act also ensures that the reasons outlined in Title 29, §10003 for the public body requesting an extension to a FOIA request is an exhaustive list. This Act also adds Title 29, Chapter §10008, which states that the Governor may not suspend FOIA during a state of emergency without a showing that FOIA prevents, hinders, or delays the State’s necessary actions in coping with the crisis at hand.
 

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Number: HS 1 for HB 204
DHA Position: No Position
Status: Ready for Governor’s Action 

An Act of amend Title 31 of the Delaware Code relating to Background Checks and Subsequent Criminal Histories for Potential or Current Employees of Child Serving Entities.  This Act removes the exemption for private schools and youth camps that allows them to use a name, rather than fingerprint, based background check or to choose not to do background checks at all for employees, contractors, or volunteers. The Act also provides that when the federal “rap back system” becomes available, the SBI may provide subsequent federal criminal history information for individuals who have had a background check performed. This Act also authorizes the Superintendent of State Police to promulgate regulations relating to re-use of a criminal background check. Authority is given to Department of Education to pay the costs of background checks for its employees. This bill also adds clarifications for when the Department of Education is the employer. This Act also corrects existing typos in § 309 of Title 31 and makes clarifying changes to the processing of background checks when the Department of Education is the employer.
 

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Number: HB 204
DHA Position: No Position
Status: Substituted in House

An Act of amend Title 31 of the Delaware Code relating to Background Checks and Subsequent Criminal Histories for Potential or Current Employees of Child Serving Entities.  This Act provides a means by which private schools and youth camps operated by private schools can obtain criminal background checks for potential employees and volunteers under the auspices of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) and authorizes the SBI and DELJIS to provide Delaware criminal history information subsequent to the original background check without the requirement of a new criminal background check. When the federal “rap back system” becomes available, the SBI may provide subsequent federal criminal history information for individuals who have had a background check performed. This Act also authorizes the Superintendent of State Police to promulgate regulations that would permit, in limited circumstances, re-use of a criminal background check. This Act also clarifies that the Department of Education is a child serving entity and its employees are obligated to undergo background checks This Act also makes minor stylistic changes and changes to make the current law conform to the Legislative Drafting Manual.
 

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Number: HB 205
DHA Position: No Position
Status: Ready for Governor’s Action

An Act of amend Titles 19 & 29 of the Delaware Code relating to Establishment & Management of the Expanding Access for Retirement & Necessary Saving Program.  This Act establishes the Delaware Expanding Access for Retirement and Necessary Saving (“EARNS”) program to serve as a vehicle through which eligible employees may, on a voluntary basis, provide for additional retirement security through a State-facilitated retirement savings program in a convenient, cost effective, and portable manner. The EARNS program will be designed to serve small businesses who are unable to offer retirement plans to employees due to the cost and administrative burden. Because there are documented wealth gaps in Delaware, disproportionately impacting women and people of color, a state-facilitated savings plan aims to alleviate barriers small employers face in offering options, close the wealth gap among low to modest wage earners and keep Delaware competitive with neighboring states by attracting talented workers to Delaware. A state-sponsored savings plan, funded by employees, facilitated by employers, and overseen by the State, will offer one solution to the quickly emerging crises stemming from generations of workers without adequate savings. The Act creates the Delaware EARNS Program Board to oversee initial design and implementation of the program. The board will be disbanded no later than December 31, 2025, at which point all duties and functions of the board will be transferred to and assumed by the Plans Management Board. The effective date of the Act is contingent upon an appropriation by the General Assembly necessary to implement the Program. This Act also makes technical changes to the existing law to make it conform to the standards of the Legislative Drafting Manual.  HA 3 authorizes the EARNS Program Board to limit eligibility to participate in the Program to categories of employees whose participation would not cause an increase in administrative or management fees, clarifies the definition of “Specified tax-favored retirement plans”, permits the Board to discuss choosing diverse financial firms to act as providers of investment advisory services and authorizes the establishment of a grant program to support small businesses that might need economic support to purchase software or other services necessary to implement the Program. Additionally, the amendment authorizes the Board to engage the firm responsible for conducting annual audits, gives the Board exclusive authority to ensure compliance with program requirements, establishes enforcement and compliance procedures and makes certain other non-substantive changes.  








 

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Number: HS 1 for HB 206
DHA Position: None
Status: Passed in Senate

An Act of amend Titles 29 of the Delaware Code relating to Background Checks for Employees, Contractors, & Volunteers of the Department of Health & Social Services.  This bill requires criminal background checks for any current or prospective employee, contractor, and volunteer of the Division of Health and Social Services (DHSS) who visits children in their homes and in the community and has regular, direct access to children or adolescents under the age of 18. The background check includes fingerprinting for Delaware and national background checks as well as a check of the Child Protection Registry. An individual who has a disqualifying criminal conviction or is on the Child Protection Registry at Level III or IV may not be an employee, contractor, or volunteer in any capacity that involves visiting children in their homes or the community or having regular, direct access to children. DHSS, if it chooses, may use its Background Check Center, which processes background checks for individuals working in home-care and long-term care facilities. It differs from the original bill in that it permits DHSS to use its Background Check Center to accomplish these additional background checks, specifies Child Protection Registry status that is disqualifying, and makes other minor technical changes.  HA 1 strikes a provision relating to sharing of background checks that is contrary to other law. It also strikes the list of disqualifying convictions from this subchapter and instead cross-references the list of convictions and associated length of prohibition contained in Title 31 for child-serving entities, to promote uniformity. It strikes a provision relating to the exemption of residential child-care from this subchapter because it is duplicative of § 7998(d)’s general exemption of those required to complete a background check under some other provision of law. Finally the bill provides authorizing language for SBI and DSCYF to provide the required background check and child protection registry information to the appropriate entities to effectuate this Act.

 

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Number: HB 206
DHA Position: No Position
Status: Substituted in House
 

An Act of amend Titles 29 of the Delaware Code relating to Background Checks for Employees, Contractors, & Volunteers of the Department of Health & Social Services.  This bill requires criminal background checks for any current or prospective employee, contractor, and volunteer of the Division of Health and Social Services who visits children in their homes and in the community and has regular, direct access to children or adolescents under the age of 18. The background check includes fingerprinting for Delaware and national background checks as well as a check of the Child Protection Registry.
 

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Number: HB 208
DHA Position: No Position
Status: Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

An Act of amend Title 24 of the Delaware Code relating to the Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers.  This Act establishes updated, detailed standards for the practice of hearing aid dispensing. A new scope of practice definition delineates permissible and prohibited activities and identifies when referral to a physician is required. The Board is given the authority to establish by rule and regulation standards for the sale of hearing aids. This Act will provide clarity and guidance for the public and for hearing aid dispensers. These changes track statutory language used in neighboring states, such as Maryland, Pennsylvania, and New Jersey. This Act clarifies that a speech/language pathologist applicant must present a certificate of clinical competence issued by the American Speech-Language-Hearing Association (ASHA). Audiologist applicants are not subject to this requirement. The distinction is that ASHA evaluates the speech/language pathologist’s practicum and clinical fellowship, which are requirements for licensure. In contrast, an audiologist applicant is only required to establish receipt of a doctoral degree. This Act revises the reciprocity requirements in the interests of clarity. This Act sets forth requirements for licensure of applicants who were educated outside of the United States. This Act states that a hearing aid applicant may be supervised by either an audiologist or hearing aid dispenser during the training period. This Act amends provisions relating to examination to comport with current practice. This Act provides that audiologists licensed prior to July 10, 2009 do not need to meet the educational requirement of a doctoral degree as long as they have maintained Delaware licensure. This Act requires licensees to update their addresses with the Board. Finally, this Act removes the definitions of audiology aide and speech pathology aide on the basis that the Board does not license aides. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: HB 209
DHA Position: No Position
Status: Introduced and Assigned to Administration Committee in House

An Act of amend Titles 29 and 19 of the Delaware Code relating to COVID-19 Immunization Rights.  This Act protects the rights of individuals who do not receive COVID-19 vaccinations. This will prohibit the state, schools, political subdivisions, and certain recipients of state funds from denying access or services to such persons.
 

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Number: HB 212
DHA Position: No Position
Status: Signed into Law 9/30/2021

An Act of amend Title 7 of the Delaware Code relating to Recycling and Waste Reduction.  This Act provides a phased in approach to further the reduction of single-use plastic bags. This Act increases the minimum thickness for a plastic bag to qualify as a reusable bag from 2.25 mils to 10 mils effective January 1, 2022 and makes the restrictions applicable to stores regardless of size effective July 1, 2022. This Act also makes corrections to existing law to make it conform to the standards of the Legislative Drafting Manual.  HA 1 removes language allowing some plastic bags and returns to language that already allowed for bags containing prepared foods and baked goods. This Amendment removes the separate enforcement provisions in §6099A(h)(1) and (h)(2), thus placing enforcement under the Department’s general administrative enforcement powers.  HA 2 moves the date § 6099A(a)(4)a. becomes effective from January 1, 2022 to July 1, 2022. This change makes the implementation of the restrictions on plastic bag use effective on the same date for both large and small stores.


 

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Number: HB 216
DHA Position: No Position
Status: Signed into Law 6/30/2021

An Act of amend Title 20 of the Delaware Code relating to Notarization.  Under the Governor’s Eleventh Modification of the COVID-19 State of Emergency Declaration, and continuing upon passage of Senate Bill No. 247, remote notarization and witnessing by Delaware attorneys via audio-visual technology has been permitted. This provision is currently set to sunset on June 30, 2021. This Act extends the provision through June 30, 2022.
 

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Number: HB 219
DHA Position: No Position
Status: Enact w/o Sign 10/26/21 (No action taken by Governor within prescribed time frame)

An Act of amend Title 18 of the Delaware Code relating to Pharmacy Benefits Managers.  Over 80% of pharmaceuticals in the United States are purchased through pharmacy benefits manager ("PBM") networks. PBMs serve as intermediaries between health plans, pharmaceutical manufacturers, and pharmacies or pharmacists, and PBMs establish networks for patients to receive reimbursement for drugs. Given the scope of PBMs in the healthcare delivery system, this Act is designed to provide enhanced oversight and transparency as it relates to PBMs. Specifically, this Act does the following: (1) If a PBM denies an appeal for reimbursement subject to maximum allowable cost pricing, requires the PBM to provide the national drug code number of wholesalers in Delaware that have the drug in stock below maximum allowable cost. (2) Authorizes a pharmacy or pharmacist to decline to dispense a prescription drug or provide a pharmacy service to a patient if the amount reimbursed by a PBM is less than the pharmacy acquisition cost. If a pharmacy or pharmacist declines to provide a drug or service, the pharmacy or pharmacist must inform the patient that the pharmacy or pharmacist did this because of the costs of providing the drug or service and provide the patient with a list of pharmacies in the area that may provide the drug or service. (3) Requires PBMs to provide a reasonably adequate and accessible pharmacy benefits manager network. (4) Increases transparency by requiring PBMs to provide reports to the Insurance Commissioner on network adequacy and the amount of rebates received by PBMs to provide reports to the Insurance Commissioner on network adequacy and the amount of rebates received by PBMs and distributed to insurers or patients. (5) Prohibits PBMs from engaging in certain conduct, such as spread pricing, false advertising, and reimbursing a pharmacist or pharmacy in an amount less than the PBM reimburses itself or an affiliate for the same drug or service. If a PBM engages in prohibited conduct, the Insurance Commissioner is authorized to deny, suspend, or revoke the PBM's registration under § 3355A of Title 18 or impose penalties or take other enforcement action under § 3359A of Title 18. (6) Clarifies that the Insurance Commissioner is authorized to deny an application for registration filed by a PBM. (7) Increases the registration and renewal fee to be paid by a PBM to better reflect the cost of the registration and renewal process and better align with the fee assessed by other states that require PBMs to register. (8) Transfers § 3359A of Title 18 (regarding penalties and enforcement) to a separate subchapter focused on prohibited practices, penalties, and enforcement. In addition, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Finally, this Act requires a greater than majority vote for passage because § 10 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to increase the effective rate of any tax levied or license fee imposed.
 

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Number: HB 222
DHA Position: Support
Status: Signed into Law 6/30/2021
 

An Act of amend Titles 16 and 18 of the Delaware Code relating to Childhood Lead Poisoning Prevention.  Currently, blood lead level screening and testing rates are well below what the Division of Public Health would expect them to be based on the risk factors that determine when screening or testing is necessary. This Act simplifies the requirements and process for health-care providers and eliminates confusion that may be causing the low compliance rate for screening or testing. Specifically, this Act does the following: (1) Defines “screening” and “testing” for clarity. (2) Mandates screening, defined as a capillary blood test, at or around 12 and 24 months of age. (3) Clarifies insurance coverage for the costs of compliance with the Act. (4) Directs the Division of Public Health to report on elevated blood lead levels to the General Assembly annually and to develop regulations to implement and enforce the Act within 12 months of being enacted. (5) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  HA 1 removes the requirement for the Division of Public Health to provide a childcare facility, public or private nursey school, preschool, or kindergarten access to the universal reporting system for blood lead level screening and testing results.

 

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Number: HB 225
DHA Position: No Position
Status: Stricken in House

An Act of amend Titles 19 and 29 of the Delaware Code relating to Paid Time Off to Vote.  This Act requires private and public employers in the State to give any employee who is scheduled to work at least 8 hours on an election day 2 hours of paid leave in order for the employee to exercise the right to vote. The Act excludes employees working for the federal government as well as any private or public employee who is party to a collective bargaining agreement. Employees must give employers 2 working days’ notice in advance of an election that the employee intends to use paid leave to vote. Employers must post notice of the rights created in the Act. For private sector employees, enforcement of the Act is through the Department of Labor; private sector employers who violate the Act will be subject to a civil penalty of a minimum of $500 and maximum of $1,000. A private employer who discriminates against an employee for exercising the rights created by the Act is liable for a civil penalty of $1,000 to $5,000. A public employee is entitle to bring an action for actual damages if the public employer takes an adverse action against the employee for exercising the right to paid leave to vote.
 

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Number: HB 226
DHA Position: No Position
Status: Signed into Law 9/17/2021

An Act of amend Titles 10 and 16 of the Delaware Code relating to Immunity from Liability for Donated Food.  Subchapter III, Chapter 68, Title 16 of the Delaware Code (“Subchapter III”) was originally enacted in 1982. In 1996, President Clinton signed the Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C. § 1791 (“Bill Emerson Act”). The Bill Emerson Act preempts Subchapter III to the extent of any conflict, known as “partial preemption”. This Act makes Subchapter III consistent with the Bill Emerson Act by protecting a “gleaner” from civil or criminal liability as it relates to their donation of the gleaned food. Since the Bill Emerson Act only partially preempts state law on this subject, the State is free to provide greater protection than the Bill Emerson Act. Therefore, this Act does all of the following: 1. Extends to those who, in good faith, donate food to state agencies the same immunity from civil or criminal liability that is granted to those who, in good faith, donate food to nonprofit organizations. 2. Specifically includes within the definition of “food” both perishable food and wild game to makes it clear that food, in all of its forms, is covered by this Act. Thus, under this Act, those donating deer to the Division of Fish and Wildlife’s Sportsmen Against Hunger program would be immune from civil or criminal liability as it relates to the donation. 3. Protects a person who, in good faith, provides services to a nonprofit organization or state agency related to the processing of wild game that is donated to a nonprofit organization or a state agency. This Act removes the exemption from liability for donation of prepared food from Title 10 so that the exemption no longer appears in both Title 10 and Title 16. The Act also clarifies the authority of Division of Public Health and Department of Agriculture relating to donated food.  HA 1 removes language that suggests the Division of Public Health and the Department of Agriculture are available to inspect donated food upon request by nonprofit organizations accepting donated food.
 

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Number: HB 233
DHA Position: Support
Status: Signed into Law 9/17/2021
 

An Act of amend Title 24 of the Delaware Code relating to Profession of Psychology.  This Act updates the Delaware Code relating to the Delaware Board of Examiners of Psychologists by amending the qualifications for licensure for reciprocity applicants. Currently reciprocity applicants, even those who have practiced many years in another state without blemish, are required to possess the same type of psychology doctoral degree as a new graduate. This bill would grant the Board greater flexibility when evaluating reciprocity applicants by allowing the Board to use an applicant’s years of experience and training while licensed in another jurisdiction to compensate for any deficiencies in their education. If passed, the bill would align Delaware more closely with surrounding jurisdictions.
 

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Number: HB 234
DHA Position: Support
Status: Signed into Law 7/25/2022

An Act of amend Title 31 of the Delaware Code relating to Extension of Medicaid Coverage Through the First Year Postpartum.  This Act requires the Department of Health and Social Services, Division of Medicaid and Medical Assistance to take the necessary steps to expand Medicaid coverage to pregnant women from the current coverage of 60-days from the end of pregnancy under federal Medicaid regulations to 12 months from the end of pregnancy. As a consequence of the COVID-19 pandemic, pregnant women receiving Medicaid benefits cannot be dropped so comprehensive medical care and other health care services have continued beyond 60 days until 12 months after the end of pregnancy by virtue of the federal Determination that a Public Health Emergency Exists. This Act would continue that coverage after the Determination is not renewed. In the event that coverage under the Determination ends before the State Plan Amendment is approved, the State will be obligated to provide the cost of coverage for services provided to pregnant women during the period from 60 days until 12 months after pregnancy ends. Insurance coverage is a critical factor in determining women’s access to affordable postpartum care and is a key strategy for reducing preventable maternal mortality. Extending the period postpartum during which insurance coverage is available will help close the disparity in the maternal morbidity and mortality rate, improve access for preventive services and comprehensive care for chronic conditions, including behavioral health, and accordingly, improve the overall health outcomes among Black women and women of other races.  HA 1  revises the method by which the Department of Health and Social Services shall extend Medicaid postpartum coverage clarifying that it is extended to 12 months via the state plan amendment option created by the American Rescue Plan Act of 2021. This Amendment also strikes Section 2, which made the Act effective upon enactment with respect to continuation of comprehensive coverage for postpartum patients as determined through the Renewal of the Determination that a Public Health Emergency exists as a result of the continued consequences of the COVID-19 pandemic.
 

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Number: HB 247
DHA Position: No Position
Status: Introduced and Assigned to Administration Committee in House

An Act of amend Title 29 of the Delaware Code relating to Limiting Mandates to Require Face Masks.  This Act lifts any ongoing face mask mandates relating to COVID-19. This Act will expire 1 year after its enactment.
 

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Number: HB 261
DHA Position: None
Status: Stricken in House

An Act of amend Title 18 of the Delaware Code relating to Common Summary Payment Form for Sensitive Health Care Services.  The ability of insured dependents and other insured members to receive confidential sensitive health care services without the knowledge of the insured policyholder is greatly impeded through traditional billing processes utilized by health insurers. The most frequent form used is an explanation of benefit (EOB) sent to the policyholder after anyone covered under the policy receives care. The lack of confidentiality for sensitive health care services significantly impacts young adults between the ages of 18-26 years of age that are on their parents’ health insurance plans and adults covered as dependents under abusive spouse or family member’s plans. This results in dependents simply avoiding necessary health care for these sensitive health care services. This Act (1) requires health carriers to use a common summary of payment form, developed by the Department of Insurance, in collaboration with health insurers, for defined sensitive health care services; (2) prohibits the health carriers from specifying any defined sensitive health care services in the form; (3) allows health carriers to address the form to the insured member; (4) allows insured member to choose their preferred method of receiving said form; (5) allows the insured member to opt-out of receiving the form when there is no payment liability for the visit or service provided; (6) requires the Department of Insurance and Division of Public Health to educate health care providers and health carriers on the new law. The effective dates for guidance and education requirement are 3 and 6 months, respectively, after enactment.
 

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Number: HB 262
DHA Position: None
Status: Assigned to Banking, Business & Insurance Committee in Senate

An Act to amend Title 6 of the Delaware Code relating to Data Brokers and Consumer Protection.  This Act seeks to provide consumers with critical information about how their personal information is being used by data brokers. This Act requires data brokers to register with the Consumer Protection Unit of the Department of Justice and answer questions regarding their use of personal information that would be published online to inform consumers. A fee schedule is established based on the size of the data broker that would fund the enforcement of the statute. Entities or individuals who collect personal information but do not sell or license that personal data are not required to register. Registration only applies to data brokers who sell or license information. The Act prohibits acquiring or providing brokered personal information where it will be used for certain unlawful purposes, or where it was obtained through fraudulent means. The Act requires data brokers to protect brokered personal information.  HA 1 makes the following changes to the Act following meetings and discussions with stakeholders and consideration of the Act in committee: The amendment clarifies the definitions of "brokered personal information" and “business”. The amendment changes the term "data broker" to "data market participant" throughout the Act.The amendment excludes from the definition of “data market participant” any entity to the extent that it is a financial institution or an affiliate of a financial institution subject to the federal Gramm Leach Bliley Act. The amendment relocates the definitions of "data collector" and "third-party data broker" within the Act. The amendment adds definitions for the terms "Consumer Protection Unit", "publicly available information", “sell”, and "third-party service provider" used in the Act. The amendment limits the liability of data market participants, for certain conduct of third parties, to the data market participant’s actual knowledge. The amendment clarifies that the Consumer Protection Unit of the Department of Justice has enforcement authority over all violations of subsections (a), (b), and (c) of Section 12D-102. The amendment clarifies that a business which does not sell or license brokered personal information does not have to register under the Act. The amendment provides examples of federal and State laws or regulations governing the protection, security, or integrity of brokered personal information that may provide a safe harbor for a data market participant's written information security program. The amendment eliminates the private right of action for violations of Section 12D-104. The amendment changes the name of the fund to be established by the Act. The amendment also makes technical corrections to the Act and conforms the language to the Delaware Legislative Drafting Manual.  HA 2 deletes the definition of “record”. The amendment also clarifies that a business may voluntarily complete the registration form for purposes of being included in the searchable website. The Amendment also exempts contracts that provide that the licensed brokered personal information is to be used exclusively to prevent security incidents, identity theft, fraud, or criminal conduct. The Amendment also makes the effective date of the Act 1 year after enactment.

 

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Number: HB 265
DHA Position: None
Status: Signed into Law 6/30/2021

An Act making appropriations for certain Grants-in-Aid for the Fiscal Year ending June 30, 2022; specifying certain procedures, conditions and limitations for the expenditure of such funds; amending the Fiscal Year 2022 Appropriations Act; amending the Fiscal Year 2022 One-Time Supplemental Appropriations Act; and amending certain statutory provisions.  This Act provides supplementary appropriations to certain Grants-in-Aid recipients for Fiscal Year 2022. Section 1 – Government Units and Senior Centers $27,599,217 Section 2 – One-Times and Community Agencies $28,158,601 Section 3 – Fire Companies $7,059,096 Section 4 – Veterans Organizations $431,348 GRAND TOTAL $63,248,262
 

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Number: HB 273
DHA Position: None
Status: Ready for Governor’s Action

An Act to amend Title 16 of the Delaware Code relating to Synthetic Cannabinoids.  This Act updates the synthetic cannabinoids listed on Schedule I of the Uniform Controlled Substances Act by using broader language so that new synthetic cannabinoids created after the enactment of this Act fall within this definition without needing to be specifically listed. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to give jurisdiction to inferior courts and possession of a controlled substance is a misdemeanor under § 4763 of Title 16.
 

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Number: HB 276
DHA Position: No Position
Status: Out of Committee in Senate

An Act to amend Title 11 and 16 of the Delaware Code relating to the Eligibility of Registered Qualifying Patients Under the Delaware Medical Marijuana Act to Purchase or Possess Firearms.  At least 36 states allow for the medical use of marijuana. However, federal firearm laws have not kept pace and currently prohibit an individual who is “an unlawful user of or addicted to any controlled substance” from possessing or purchasing a firearm. It is still unlawful under federal law to use or possess marijuana. This Act makes clear that an individual is not disqualified under Delaware law from possessing a firearm because the individual is a registered qualifying patient under the Delaware Medical Marijuana Act, if the registered qualifying patient is not a person prohibited under § 1448 of Title 11 of the Delaware Code. This Act makes also clear that a registered qualifying patient may engage in a firearm transaction between unlicensed persons under § 1448B of Title 11 if the transaction is exempt under § 1448B(c) of Title 11 and the registered qualifying patient is not otherwise a person prohibited under § 1448 of Title 11. A registered qualifying patient’s purchase of a firearm through a federal firearms licensee (“FFL”) is still prohibited under federal law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: HB 277
DHA Position: Oppose
Status: Ready for Governor’s Action

An Act to amend Title 10 of the Delaware Code relating to Liability for Sexual Abuse of a Child by an Adult Employee of a School, Organization or Business.  This Act codifies the principle set forth in Doe v. Bicking, 2020 Del. Super. LEXIS 43, *32, 2020 WL 374677 (Del. Super. Jan. 22, 2020) that recognizes that in cases of childhood sexual abuse by an employee of a school, organization, or business that serves or cares for children, the perpetrator often has authority and power over the child victim, which can be enabled by the perpetrator’s position in that institution. If a child is abused while the perpetrator is doing the perpetrator’s job, the employer should be responsible. This Act also changes the standard of culpability from “gross negligence” to “negligence” for public schools in civil claims based on childhood sexual abuse. Children who are sexually abused by private employer employees (e.g. daycare providers, private schools, etc.) have more protection than children abused by their teachers and coaches at public schools. There should be one standard of care that holds schools and businesses equally accountable when their recklessness, inattention, or failure to act causes a student to be sexually abused. This Act seeks to avoid future instances of the result in Bates v. Caesar Rodney Sch. Dist., No. 13, 2021, 2021 Del. LEXIS 315 (Del. Oct. 6, 2021), a case which held that when a student is abused at school by a teacher, the school has no legal responsibility. This Act takes effect 90 days after its enactment into law.  HA 1 amends the State Tort Claims Act to ensure that victims of child sexual abuse by public school employees will have the same legal rights as victims of abuse by private institutions and their employees. This Amendment effectively changes the standard of culpability for public schools from “gross negligence” to “negligence” in civil claims based on childhood sexual abuse. Under current law, children who are sexually abused by a employees of a private employer (e.g. daycare providers, private schools, etc.) have more protection than children abused by their teachers and coaches at public schools. There should be one standard of care that holds schools and businesses equally accountable when their recklessness, inattention, or failure to act causes a student to be sexually abused. This Amendment seeks to avoid future instances of courts dismissing childhood sexual abuse cases against public schools after finding that a complaint’s allegations of gross negligence lacked evidentiary support, as occurred in Bates v. Caesar Rodney Sch. Dist., No. 13, 2021, 2021 Del. LEXIS 315 (Del. Oct. 6, 2021) and Collins v. Dutton, No. S19C-01-045, 2019 Del.Super. LEXIS 571 (Del. Super Ct. Sussex County, Nov. 19, 2019).

 

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Number: HB 279
DHA Position: Support
Status: Out of Committee in Senate

An Act to amend Title 16 of the Delaware Code relating to Certification of Central Services Technicians.  This Act establishes certification and continuing education requirements for central service technicians working in hospitals and freestanding surgical centers. Central service technicians are an important part of the healthcare team responsible for decontaminating, inspecting, assembling, disassembling, packaging, and sterilizing reusable surgical instruments and equipment. This Act requires individuals who perform the tasks of a central service technician to pass a nationally accredited examination and to hold either a certified registered central service technician credential or certified sterile processing and distribution technician credential within 18 months of hire. This Act grandfathers anyone working as a central service technician in a health care facility on or before January 1, 2023.  HA 1 deletes references to regulations and provides the Department of Health and Social Services with authority to determine if regulations should be adopted to implement and enforce the Act’s provisions. The Amendment also clarifies that the Act takes effect on January 1, 2023.
 

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Number: HB 280
DHA Position: Support
Status: Signed into Law 1/24/2022

An Act to amend Title 16 of the Delaware Code relating to Regulatory Provisions Concerning Public Health.  This Act commits discretion over the length of certified nursing assistant training and orientation programs to the Secretary of the Department of Health and Human Services. This change will facilitate the rapid certification of National Guard members as certified nursing assistants (CNAs) by allowing the Department of Health and Social Services to establish the total required classroom and clinical training and mandatory facility-specific orientation hours. Modeled after a Minnesota initiative, eligible guard members will participate in rapid certification programs through DelTech and be deployed to provide temporary staffing in long term care facilities experiencing staffing shortages under MOUs entered will the facilities. National Guard members have served as a critical part of the state’s response efforts throughout the COVID-19 pandemic. Training and deploying National Guard soldiers to work as CNAs will help relieve staffing shortages in health care settings and facilitate the transfer of patients out of Delaware’s hospitals to free up in-patient bed space.
 

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Number: HB 283
DHA Position: No Position
Status: Assigned to Appropriations Committee in House

An Act to amend Title 11 of the Delaware code relating to Disbursing Money in the Fund to Combat Violent Crimes to the Human Trafficking Interagency Coordinating Council.  This Act funds the Human Trafficking Interagency Coordinating Council by disbursing to the Council $100,000 each fiscal year from the Fund to Combat Violent Crimes. Under § 4101(h) of Title 11, the Fund to Combat Violent Crimes is funded by a $15 penalty imposed on and collected from defendants for certain crimes or civil violations. The money within the Fund is divided between the Department of Safety and Homeland Security and local law-enforcement agencies for use in connection with initiatives to combat violent crime. No more than $4,250,000 may be deposited into the Fund. Any amount more than $4,250,000 reverts to the General Fund. In recent fiscal years, the Fund to Combat Violent Crimes has reverted excess funds to the General Fund. Because of the new disbursement of $100,000 to the Human Trafficking Interagency Coordinating Council, this Act also increases the maximum amount of money that may be deposited into the Fund to Combat Violent Crimes by $100,000 to $4,350,000. This Act also adds to existing reporting requirements for the Human Trafficking Interagency Coordinating Council that the Council document how it spends disbursements from the Fund to Combat Violent Crimes. The Council must also provide the report to the Secretary of the Department of Health and Social Services. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: HB 285
DHA Position: No Position
Status: Signed into Law 1/27/2022 

An Act to amend Titles 19, 29 AND 30 of the Delaware Code relating to COVID-19 Related Unemployment Benefits, Assessments and Rulemaking Authority.  This bill provides COVID-19 related relief to both claimants receiving unemployment benefits and employers who are assessed unemployment taxes, and extends the end date of the Secretary of Labor’s COVID-19 related rulemaking authority. Section 1 exempts unemployment compensation benefits received in 2021 from the calculation of Delaware adjusted gross income so that unemployment claimants will not have to pay state taxes on the benefits they received during the continuation of the pandemic into 2021. This exemption was previously granted for 2020 state taxes. Section 2 holds the 2022 new employer assessment rate, average industry assessment rate and average construction industry assessment rate at the same rate as 2020 in order to avoid an increase in these rates as a result of the increase in unemployment claims due to COVID-19. Section 3 reduces the unemployment tax assessment rate for merit rated employers to the lowest of their earned rates for 2020, 2021 and 2022, in order to provide further tax relief for employers dealing with the economic effects of COVID-19, but does not provide this reduction for any employers who are paying the delinquency rate of assessment because of a failure to file quarterly assessment reports or failure to pay assessments. Section 3 also allows the Department the administrative authority to reduce employer assessment rates below the delinquency rate and provide responding credits, as necessary to correct administrative errors or address fraudulent claims charged to employers, except for employers who are charged the delinquency assessment rate because they have failed to file any quarterly tax report. Section 4 holds the taxable wage base at $14,500 for 2022, which will reduce the amount of wages on which employers pay unemployment tax assessments into the UI Trust Fund for 2022. The Department has determined that the impact of this change on the UI Trust Fund balance is estimated to be $11.4M in 2022. Sections 5 and 6 extend to December 31, 2022 the provision in HB 65, which authorized the Delaware Secretary of Labor to issue emergency rules amending the Delaware Unemployment Insurance Code to deal with the continuing effects of COVID-19 and implement federal programs providing unemployment benefits to respond to COVID-19.
 

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Number: HS 1 for HB 288
DHA Position: Oppose
Status: Assigned to Administration Committee in House

An Act to amend Title 19 of the Delaware Code relating to Employer Paid Time Off to Vote.  This Act requires private and public employers in the State to give any employee who is a resident of Delaware and scheduled to work at least 7.5 hours on an election day 2 hours of paid leave in order for the employee to exercise the right to vote in person. The Act excludes federal employees, individuals engaged in activities for education, charitable, religious, or nonprofit organizations when the employment relationship does not exist or where services are rendered to such organizations gratuitously, and employees who are party to a collective bargaining agreement in which paid time off to vote has been waived. Employees must give employers 2 working days’ notice in advance of an election that the employee intends to use paid time off to vote. Employers must post notice of the rights created in the Act. Enforcement of the Act is through the Department of Labor. Employers who violate the Act are subject to civil penalties ranging from $500-$1,000 and from $1,000-$5,000 if found to have retaliated against an employee for exercising the rights created by this Act. Employees may bring a civil lawsuit for equitable relief and monetary damages. A prevailing employee may also recover costs and attorney’s fees.  HA 1, which limits paid time off to vote to a minimum of 2 hours if the employee does not have 2 consecutive nonworking hours in the time period between the opening and closing of the polls on the day of the election. This Amendment also clarifies that it will be effective after the Department of Elections advises the Register of Regulations that it has promulgated regulations to implement the Act, or 1 year, whichever occurs first, was placed with the Bill.

 

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Number: HB 288
DHA Position: Oppose
Status: Substituted  in House
 

An Act to amend Title 19 of the Delaware Code relating to Employer Paid Time Off to Vote.  This Act requires private and public employers in the State to give any employee who is scheduled to work at least 8 hours on an election day 2 hours of paid leave in order for the employee to exercise the right to vote. The Act excludes individuals engaged in activities for education, charitable, religious, or nonprofit organizations when the employment relationship does not exist or where services are rendered to such organizations gratuitously; employees who are party to a collective bargaining agreement in which paid time off to vote has been waived. Employees must give employers 2 working days notice in advance of an election that the employee intends to use paid time off to vote. Employers must post notice of the rights created in the Act. Enforcement of the Act is through the Department of Labor. Employers who violate the Act are subject to civil penalties ranging from $500-$1,000 and from $1,000-$5,000 if found to have retaliated against an employee for exercising the rights created by this Act. Employees may bring a civil lawsuit for equitable relief and monetary damages. A prevailing employee may also recover costs and attorney’s fees.
 

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Number: HB 294
DHA Position: None
Status: Introduced and Assigned to Education Committee in House

An Act to Amend Title 14 of the Delaware Code relating to Health Examinations.  This Act requires each school district and charter school to provide each student in preschool, kindergarten, and in grades 2 and 4 an oral health screening by January 15 of each school year. The Division of Public Health (DPH) offers school-based oral screening and fluoride applications through the Delaware Smile Check program at no cost to the school district or charter school or to the student.
 

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Number: HB 295
DHA Position: No Position
Status: Signed into Law 2/16/2022

An Act to amend Titles 3, 4, 8, 9, 11, 14, 16, 18, 19, 21, 24, 25, 29, 30 and 31 of the Delaware code, The Charter of Hartly, and the Laws of Delaware relating to Technical Corrections.
 

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Number: HB 299
DHA Position: No Position
Status: Out of Committee in Senate

An Act to Amend Title 14 of the Delaware Code relating to Prohibited Trade Practices Forbidding Discrimination Against Cash Payments by Consumers.  This Act prohibits the seller of consumer goods or services from refusing to accept cash payment, except in limited circumstances. Sales covered by this Act are those made at a retail store through an in-person transaction. The Act does not apply to sales of goods or services by electric or gas utilities, telephone, mail or internet sales, or for services provided at parking lots or garages. It creates graduated civil penalties for violations and provides consumers a private right of action to recover double damages, including consequential damages, for a second violation of the law and triple damages for subsequent violations. The Division of Consumer Protection has authority to enforce the law.  HA 2 exempts from the definition of “retail store”, transactions for the rental of consumer goods, services, or accommodations for which posting collateral or security is typically required. This amendment also exempts transactions at any sporting or entertainment event, including music festivals. This Amendment also provides an exception to the prohibition against requiring consumer paying with cash to use automated machines that convert cash into prepaid cards. That exception is for food stores and retail establishments that provide a device on premises that converts cash into a prepaid card so long as the device meets certain requirements. This amendment also removes the provision creating a private right of action since the Division of Consumer Protection is authorized to interpret, implement and enforce the chapter. Finally, this amendment removes the provision prohibiting retail stores from having fewer checkout locations for consumers paying with cash than for consumers using non-cash methods.

 

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Number: HB 300
DHA Position: Support
Status: Signed into Law 8/3/2022

An Act to Amend Title 14 of the Delaware Code relating to Free Public Schools.  This Act establishes a mental health services unit for Delaware middle schools. The unit is phased in over 3 years, beginning in FY2023, to arrive at a final ratio of 250 full-time equivalent students grades 6-8 for a full-time school counselor, school social worker, or licensed clinical social worker. Additionally, a unit ratio of 700 full time equivalent students for grades 6-8 for employment of a full-time school psychologist. This Act defines “mental health services” as prevention, response, and coordination services delivered to students in elementary schools. Mental Health disorders are the most common health problem for school aged youth. According to the National Institute of Mental Health (NIMH), one in five youth are affected by a mental health disorder. Additionally, 50% of lifetime mental illnesses begin by age 14. Untreated mental illness leads to negative outcomes including increased risk of dropout, homelessness, substance abuse, other chronic illnesses, incarceration, and possibly suicide. According to the National Alliance on Mental Health, ninety percent of people who have taken their own life have had an underlying mental health condition, and suicides are on the rise. According to the Center for Disease Control and Prevention, suicides are now the second leading cause of death for youth ages 10-14. Delaware schools need trained and experienced mental health professionals to provide prevention and support programs and services to students. This bill will lower ratios of students to counselors and increase access to mental health services for middle school students.  HA 1 makes technical corrections regarding how funding is calculated and accounted for under this Act. It also changes the Department’s report date from December 15th of each year to December 30th.

 

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Number: HB 301
DHA Position: Support
Status: Signed into Law 8/3/2022

An Act to Amend Title 14 of the Delaware Code relating to Mental Health Education Programs.  A 2017 survey of Delaware high school students found that during the 12 months before the survey the following occurred: (1) 27.6% of the students felt sad or hopeless almost every day for 2 weeks in a row so that they stopped some usual activities. (2) 16.1% of students seriously considered attempting suicide. (3) 12% of students made a plan about how they would attempt suicide. (4) 7.2% of students attempted suicide. This Act increases student awareness of mental health by requiring the Department of Education, with the approval of the State Board of Education, to establish and implement statewide mental health educational programs for each grade, kindergarten through grade 12, in each school district and charter school in this State. Finally, this Act requires the Department of Education to annually report to the Governor and General Assembly regarding the implementation of this Act.  HA 1 enables flexibility to have the mental health curriculum taught by certified community mental health providers, as well as teachers where appropriate. It also makes conforming changes to other sections of Title 14
 

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Number: HB 302
DHA Position: No Position
Status: Substituted in House

An Act to Amend Title 14 of the Delaware Code relating to Forgery of Proof of Vaccination.  This Act clarifies that the creation or possession of an altered or fake vaccination document is forgery in the second degree. This crime includes electronic vaccination documents because the existing definition of "written instrument" under § 863 of Title 11 includes electronic equivalents. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: HS 1 for HB 302
DHA Position: No Position
Status: Out of Committee in Senate

An Act to Amend Title 11 of the Delaware Code relating to Forgery of Proof of Vaccination.  House Bill No. 302 clarifies that the creation or possession of an altered or fake vaccination document is forgery in the second degree. This crime includes electronic vaccination documents because the existing definition of "written instrument" under § 863 of Title 11 includes electronic equivalents. This Act does not address electronic vaccination records because the existing crime of misusing computer system information, § 935 of Title 11, clearly covers tampering with computer records, which includes vaccination records. House Substitute No. 1 for House Bill No. 302 revises the language describing the altered or fake vaccination document so it cannot be read as requiring each of the details listed. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  HA 1, which makes forgery of a vaccination document a class A misdemeanor if it is a first offense by an individual involving a single written instrument. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to give jurisdiction to inferior courts, was placed with the Bill.
 

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Number: HB 303
DHA Position: Support
Status: Signed into Law 8/3/2022

An Act to Amend Title 18, 29, and 31of the Delaware Code relating to Mental Health.  This bill amends Chapter 33, Title 18 of the Delaware Code by adding a new § 3370E to require coverage of an annual behavioral health well check. This bill also amends Chapter 35, Title 18 of the Delaware Code by adding a new § 3571Z to require coverage of an annual behavioral health well check. This bill also amends Chapter 5, Title 31 of the Delaware Code by adding a new § 530 to require coverage of an annual behavioral health well check. This bill also amends Chapter 52, Title 29 of the Delaware Code by adding a new § 5215 to require coverage of an annual behavioral health well check. Finally, the bill creates an advisory committee of health professionals tasked with creating recommendations for implementation of the Act. The requirement for coverage of the behavioral health well check is effective January 1, 2023.  HA 2 does the following: Clarifies that the well visit should include use of a “group of developmentally appropriate mental health screening tools.” Adds the President of the Delaware Health Care Association to the implementation advisory committee, as well as DHSS and the Insurance Commissioner as ex officio members. Clarifies that copays, network requirements, and other provisions of an insurance policy will apply to the mental health well visit as well. Changes the effective date from January 1, 2023 to January 1, 2024. Clarifies different ways a carrier may reimburse a provider for the annual behavioral health check by reference to equivalent values in a fee-for-service model.  

 

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Number: HB 305
DHA Position: Oppose
Status: Defeated in House

An Act to amend Title 11 of the Delaware code relating to Creation of the Delaware Marijuana Control Act.  The Delaware Marijuana Control Act regulates and taxes marijuana in the same manner as alcohol. It allows adults over the age of 21 to legally possess and consume under 1 ounce of marijuana for personal use. It does not permit people to grow their own marijuana. Section 1: Amends Chapter 47 of Title 16 to provide that the offenses and penalties under Uniform Controlled Substances Act do not apply to marijuana-related conduct allowed under the Delaware Marijuana Control Act or the Delaware Medical Marijuana Act, Chapter 49A of Title 16. Section 2: Amends § 4764 of Title 16 to eliminate any penalty for possessing 1 ounce or less of marijuana for individuals over the age of 21 but maintains the existing civil penalty or civil citation for individuals under 21. Section 3: Amends § 4902A of Title 16 so that the definition of a registered safety compliance facility includes not just marijuana produced for medical use but also marijuana produced under the Delaware Marijuana Control Act. Section 4: Amends Chapter 4 of Title 4 to expand the Division of Alcohol and Tobacco Enforcement’s duties and powers to the Delaware Marijuana Control Act. Section 5: This section creates the Delaware Marijuana Control Act. Subchapter I contains definitions and general provisions. Where definitions or analogous provisions exist in the Delaware Code, the definitions are referenced and the language from existing statutes is used. This section of the Act permits individuals over age 21 to possess, use, purchase, or transport 1 ounce (28 grams) or less of marijuana, no more than 5 grams of which may be concentrated, by individuals 21 years of age or older if the individuals are in compliance with this chapter. It permits the operation of marijuana businesses if they operate under licenses granted under Chapter 49A of Title 16, but imposes the same limits on hours and holiday sales as apply to sales of alcohol. It prohibits the use of marijuana in public, by drivers or passengers in vehicles, and prohibits the smoking of marijuana anywhere that smoking tobacco or ecigarettes is not permitted. Marijuana may not be sold in an establishment licensed to sell alcohol. It delineates the rights of property owners with respect to marijuana possession and consumption. There are specific provisions imposing the same penalties as with alcohol sales, for individuals under the age of 21 using false identification to purchase marijuana, and for businesses that fail to verify the age of marijuana consumers. This Act creates the Delaware Marijuana Control Act Oversight Committee. This Oversight Committee will coordinate the implementation of this Act with the Medical Marijuana Program, the Division of Public Health, the Division of Substance Abuse and Mental Health, and the public. The Oversight Committee will review the effectiveness of the Delaware Marijuana Control Act in regard to the safe operation of facilities licensed under this Act, the impact of this Act on public safety, and the impact of this Act on public health. The Commissioner must submit an annual report to the Governor and the members of the General Assembly setting forth all matters of interest and all statistics concerning marijuana regulation and control in the State including: the number of licenses of each variety issued with the State; including the name and address of each person licensed to cultivate, manufacture, or sell marijuana or marijuana products in the State; the amount of marijuana and marijuana products sold within the State; the number of licenses of each kind granted and the number cancelled during the year, and the outcomes and effective of the issuance of social equity licenses. Subchapter II creates the position of Marijuana Commissioner and an Appeals Commission. The Commissioner has the power to establish health and safety regulations for marijuana cultivation that are consistent with applicable rules and regulations established by the Department of Natural Resources and Environmental Control and the Department of Agriculture. The Commissioner must consult with the Division of Alcohol and Tobacco Enforcement before adopting or establishing policies that concern enforcement. Finally, they must coordinate with the Division of Small Business, Development, and Tourism so that potential businesses licensed under this Act have access to programs, particularly those that support small businesses owned by minorities, women, and veterans. Subchapter III sets up the regulations and licenses under the Delaware Marijuana Control Act. The Marijuana Commissioner has the authority to adopt regulations to implement this Act and includes specific requirements that marijuana establishments must meet to obtain licenses. Regulations must require that products containing marijuana use of a symbol and a standard measurement to be used on all marijuana products so they are easily identified as containing marijuana and consumers can identify the amount of marijuana in different products; be in opaque, child-resistant packaging; and contain a warning label explaining evidence-based harms from consuming marijuana, including the impact on developing brains. The regulations must also contain security requirements, testing requirements, advertising restrictions, and require that food products comply with State food safety laws. There are separate licensing requirements for retail marijuana stores, marijuana testing facilities, marijuana cultivation facilities, and marijuana product manufacturing facilities. Licensing requirements also differ between open licenses, social equity licenses, and microbusiness licenses. There is a $10,000 biennial fee for most open licenses, with reduced licensing fees for microbusinesses and social equity licenses. Cultivation licenses are determined square footage of the grow rates. As part of the competitive scoring process the Commissioner will use to determine which applicant may obtain licenses to operate each type of marijuana establishment, applicants for open licenses will submit a business plan, an environmental and sustainability plan, as well as attestations affirming that (1) the applicant has a project labor agreement with a bona fide labor organization, and (2) the applicant has or will utilize a project labor agreement. Subchapter III establishes the criteria for a social equity applicant, requires the Commissioner to develop a financial assistance and technical assistance programming to aid social equity applicants. It also establishes the criteria for a microbusiness license. Subchapter VII provides the Commission the authority to refuse approval of changes in the ownership, officers, or directors, financial interest or lease in connection with any license. The subchapter also details the requirements when there is a change in ownership of a license or licensee, a change in officers and directors, and changes in the financial interest of a license or licensee. Subchapter VIII creates the Marijuana Regulation Fund and the Justice Reinvestment Fund. The Regulation Fund will consist of fees collected, penalties imposed, and taxes collected under this Act. It creates the marijuana control enforcement tax on retail marijuana in the amount of 15%. 7% of the tax revenue collected will be allocated to the Justice Reinvestment Fund, under the management of [state agency/division] where it will be used for projects to improve quality of life for communities most impacted by the prohibition of marijuana and “war on drugs” era policies. Section 6: Creates a State tax deduction for all ordinary and necessary expenses paid or incurred by a marijuana establishment to reflect the inability of a business licensed under this Act to deduct these expenses from federal taxes and thus state taxes. This creates a more level playing field with other businesses. Section 7: Provides that the initial regulations required under this Act be adopted not later than 12 months after the effective date of this Act. Section 8: Removes possession of marijuana from the list of activities that prohibits a person from at the same time possessing a handgun. Section 9: Makes the provisions of the bill severable. Section 10: Makes the bill effective upon appropriation of funds for implementation. This bill differs from House Bill No. 150 in the following ways: Incorporates HA1 and 2 to HB150 regarding standardization of assessments and accreditation processes. Adds the requirement of a comprehensive business plan to the competitive scoring criteria for licenses. Incorporates HA4 to HB150, requiring ongoing communication between the Commissioner and the Department of Agriculture regarding marijuana and hemp cultivation, allowing for the grant of a conditional license for an applicant who is working to secure a physical location, making technical changes to the revenue administration portion of the Control Act. Incorporates HA5 to HB150 regarding rights of employers. Incorporates HA6 removing financial assistance for social equity applicants and instead authorizing the Commissioner to explore opportunities for public and private financial assistance. Incorporates HA7 regarding safety packaging requirements. Incorporates HA10, removing the requirement that an applicant submit an attestation affirming the applicant has a project labor agreement or will utilize a project labor agreement for construction of a marijuana cultivation facility. Directs 7% of the marijuana tax revenue to a Justice Reinvestment Fund to be used for programs and initiatives meant to restore and benefit communities most harmed by “war on drug” era policies. Removes expungement provisions, as they were rendered duplicative by the passage of Senate Bills 111 and 112.  HA 1 makes several technical corrections.  HA 1 to HA 1 removes language from House Amendment No. 1 that would have required the Commissioner to award licenses by lottery if there are more qualified applicants than there are licenses.  HA 7, which is intended to ensure that the Delaware Marijuana Control Act does not impact or impose requirements on employers with respect to terms and conditions of employment including but not limited to accommodation, policies, or discipline was placed with the Bill.

 

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Number: HB 309
DHA Position: Oppose
Status: Signed into Law 8/4/2022

An Act to Amend Title 16 of the Delaware Code relating to the Provision of Information about Lyme Disease.  This Act, modeled on similar laws in Virginia and Maryland, requires a health-care provider to provide notice to a patient at the time blood is drawn to perform a laboratory test for Lyme disease that explains the limitations of the test and instructs the patient to see their health-care provider if the patient continues to experience unexplained symptoms. This Act was previously passed by the 150th General Assembly in Senate Bill 15, and is the same except for the removal of the sunset provision.
 

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Number: HB 310
DHA Position: No Position
Status: Signed into Law 2/7/2022

An Act to amend the Laws of Delaware relating to the Bond and Capital Improvement Act of the State of Delaware and certain of its Authorities for the Fiscal Year Ending June 30, 2022.  This Act amends the Fiscal Year 2022 Bond and Capital Improvements Act to (1) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects; (2) redistribute Community Reinvestment Funds to the Department of Transportation; (3) clarify existing funds for Mental Health Services Units are to be distributed as a block grant; (4) authorize drainage project funds to be used for both the Meeting House Branch and Persimmon Park Place drainage projects; (5) reallocate funds for a shellfish aquaculture project; (6) reallocate funds from the Municipal Infrastructure Fund to the Delaware State Fair; (7) include repairs to the responsibilities of the Facilities Management Section; (8) authorize the Office of Management and Budget to acquire property for the Delaware National Guard; (9) authorize the Department of State to identify land for acquisition for the North Wilmington Library; (10) authorize the Office of Management and Budget to transfer a property to St. Anthony’s Community Center Inc.; (11) increase substitute pay to adjust for minimum wage increases; (12) reallocate funds from the Clean Water and Drinking Water State Revolving Funds to create a School Construction Market Pressure Contingency Fund; (13) reallocate funds from the Clean Water and Drinking Water State Revolving Funds for the Riverfront Development Corporation; (14) reallocate funds from the Clean Water and Drinking Water State Revolving Funds to the Urban Redevelopment program; (15) exempt the Delmar School District Parking Lot Project from prevailing wage requirements due to funding source; and (16) authorize local bond shares for the Appoquinimink School District.
 

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Number: HB 316
DHA Position: None
Status: Signed into Law 6/14/2022

An Act to Amend Titles 13 & 16 of the Delaware Code relating to the Domestic Violence Coordinating Council.  This bill does all of the following relating to the Domestic Violence Coordinating Council. First, it adds the Chief Magistrate of the Justice of the Peace Court to the Domestic Violence Coordinating Council. Second, it removes the limitations on the use of voting by proxy by members of the Council. These limitations are unnecessary because § 2104(f) provides that the Council promulgate rules of procedure governing its operations so long as they are in accordance with Chapters 100 and 101 of Title 29. Thus, the Council, not the statute, should determine the rules necessary to govern its own operations. Finally, the bill adds the Fatal Incident Review Team of the Domestic Violence Coordinating Council to the list of entities that are entitled to receive protected health information without informed consent. The protected health information at issue is essential for the Fatal Incident Review Team to review. Due to federal law, certain providers are prohibited from providing such information even with a subpoena. However, these providers can provide the protected health information if the statute specifically permits such protected health information to be disclosed without informed consent.
 

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Number: HB 317
DHA Position: Support
Status: Assigned to Appropriations Committee in House

An Act to Amend Title 31 of the Delaware Code relating to Medical Coverage for all Delaware Children.  This bill is the Cover All Delaware Children Act. This Act directs the Department of Health and Social Services to develop and operate a medical coverage program for children in Delaware who are not otherwise covered, including children who are not documented. A child resident in the state whose family income is low enough that they would qualify on that basis for Medicaid or CHIP coverage, but is not eligible for Medicaid or other federally funded coverage, is eligible for coverage and medical care under this Act. This Act takes effect January 1, 2023.  HA 1, which provides that the medical coverage for children who would be eligible under this section will be provided only within the limit of the appropriation made for the program in the annual appropriations act, or any supplement thereto. Should the number of applicants exceed the appropriation, the Department is authorized to maintain a waiting list. This amendment also adds a section that limits the expenditure for this program to $1.5 million in FY2023, $2.5 million in FY2024, and $3.275 million in FY2025 and authorizes the Department to develop rules and regulations necessary to stay within the cap was placed with the Bill.

 

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Number: HB 319
DHA Position: No Position
Status: Introduced and Assigned to Administration Committee in House
 

An Act to Amend Title 1 of the Delaware Code relating to Constitution Relating to Parental Rights.  There are presently at least 30 states that have a statute defining and protecting parental rights, or case law that interprets parental interests as a fundamental right. Delaware has neither. This proposal is the first leg of a constitutional amendment affirming that parents have a fundamental right to the care, custody and control of their children. The amendment contains two important protections with regard to government agencies asserting authority over children. The amendment would require government officials to prove that the proposed action was needed. If successful, government officials would be limited to taking the least intrusive means to accomplish their goal. This amendment would not shield neglectful or abusive parents, nor would it interfere with the obligation of government to protect the welfare of children. Since 2013, eight states have enacted laws defining and protecting parental rights. This measure shall be named the Parental Rights Protection Amendment.
 

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Number: HB 320
DHA Position: Support
Status: Signed into Law 4/28/2022

An Act to Amend Title 24 of the Delaware Code relating to Prescribing Medications for the Termination of Pregnancy.  In 2000, the United States Federal Drug Administration ("FDA") first approved the Risk Evaluation and Mitigation Strategy ("REMS") for Mifeprex; and approved the generic version of Mifeprex, Mifepristone, in 2019. A regimen approved by the FDA in 2016 for Mifeprex and Mifepristone includes the use of Misoprostol. Under the REMS approved by the FDA, healthcare providers who wish to prescribe Mifepristone, Misoprostol, or Mifeprex must complete a Prescriber Agreement before ordering and dispensing the medication. Physicians assistants and advanced practiced registered nurses (APRNs) are healthcare providers who are eligible to prescribe these medications under the REMS. This bill allows physician assistants and advanced practice registered nurses to prescribe medication for the termination of pregnancy including Mifeprex, Mifepristone, and Misoprostol.
 

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Number: HB 321
DHA Position: No Position
Status: Signed into Law 6/14/2022
 

An Act to Amend Title 18 of the Delaware Code relating to Disapproval of Insurance Policy Forms.  This bill expands the Commissioner’s authority to deny policy form filings that encourage misrepresentation, contain any unjust, unfair or inequitable provisions, or where the benefits provided are unreasonable in relation to the premium charged, to other lines of insurance not limited to life and health policies. This bill also makes technical changes to conform to the requirements of the Delaware Legislative Drafting Manual.
 

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Number: HB 324
DHA Position: Support
Status: Ready for Governor’s Action

An Act to Amend Title 11 of the Delaware Code relating to Assault.  House Bill 214 enacted by the 148th General Assembly (80 Del. Laws c. 287) expanded the offense of Assault in the Second Degree to include the intentional assault of ambulance operators, rescue squad members, and nurses injured while performing work-related duties. As a result of increasing workplace violence directed against healthcare providers, this Act further defines Assault in the Second Degree to include other health care treatment providers and employees and hospital security personnel who are injured while performing their work-related duties.
 

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Number: HB 325
DHA Position: No Position
Status: Introduced and Assigned to Capital Infrastructure Committee in House

A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2023; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; AUTHORIZING THE ISSUANCE OF REVENUE BONDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; APPROPRIATING GENERAL FUNDS OF THE STATE; REPROGRAMMING CERTAIN FUNDS OF THE STATE; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AND AMENDING CERTAIN STATUTORY PROVISIONS.  This Bill is the Fiscal Year 2023 Bond and Capital Improvements Act.
 

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Number: HB 326
DHA Position: No Position
Status: Introduced and Assigned to Education Committee in House

An Act to Amend Title 14 of the Delaware Code establishing the Delaware Education Right To Know Act.  This Act creates the Delaware Education Right to Know Act to give parents, guardians, and other education stakeholders more information and opportunities to evaluate public and charter school education in Delaware and to express concerns to school officials.

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Number: HB 334
DHA Position: Support
Status: Out of Committee in Senate

An Act to Amend Title 24 of the Delaware Code relating to Practice by Telehealth and Telemedicine.  This bill permits health-care providers who are licensed in a state other than Delaware to deliver health-care services by telehealth and telemedicine only if a health-care provider-patient relationship has been established in accordance with § 6003 of Title 24.  HA 2 does two things. First, it adds a new paragraph new subsection (c) to Section 6003 of Title 24 to clarify that health-care providers licensed in a state other than Delaware are authorized to deliver healthcare services by telehealth and telemedicine to patients in this State subject to the provisions of this chapter if the provider has a pre-existing provider-patient relationship that has been established in accordance with the existing statutory requirements. The amendment makes clear that the intent of House Bill No. 334 is not to remove the existing flexibilities contained in Sections 6003-6005 of Title 24. Second, this Amendment adds additional clarifying language to subsection (b) to Section 6003 of Title 24 to make clear that the applicable professional licensing boards for each health-care profession authorized for telehealth practice can require out-of-state providers who are licensed in a state that has adopted the applicable interstate licensure compact for the provider’s license category to apply for and seek Delaware licensure under applicable interstate medical licensure compact. For health-care providers licensed in a state that has not adopted the applicable interstate compact for the provider’s license category, the regulations can require written notice to the applicable licensing board.  SA 1, which Requires a health-care provider who is licensed in a state that does not have an interstate compact for the provider’s field of medicine to obtain an interstate telehealth registration in this State before practicing telehealth in this State; Establishes a health-care provider’s eligibility for an interstate telehealth registration; Makes clear that a health-care provider who obtains an interstate telehealth registration is subject to the laws of this State and jurisdiction of the courts and licensing boards of this State, was placed with the Bill.



 

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Number: HB 336
DHA Position: No Position
Status: Signed into Law 10/14/2022

An Act to Amend Title 14 of the Delaware Code relating to the Basic Salary Schedule for School-Based Physical Therapists.  This Act provides school-base physical therapists who have graduated from an accredited college or university with the highest level masters or doctorate degree, and who have achieved a passing score on the national physical therapy examination issued by the Federation of State Boards of Physical Therapy, with base salaries of Master Plus 30 or Doctorate, and provides the ability to move forward on the salary schedule for additional credits earned. Since 2015, a doctorate degree is required in order to sit for the national physical therapy examination for licensure.
 

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Number: HB 340
DHA Position: Support
Status: Signed into Law 7/25/2022

An Act to Amend Title 31 of the Delaware Code relating to Child and Maternal Mortality.  Improving the quality of maternal health care and ensuring full access to it improves health outcomes and reduces preventable pregnancy-related deaths. The United States has one of the highest rates of maternal mortality among high-income countries and wide disparities by race that have been documented since rates separated by race were first published in 1935. Currently, Indigenous and Black women are dying at two to three times the rate of White women, Asian/Pacific Islander women, and Hispanic women. Investigating maternal deaths—specifically by obtaining information beyond vital statistics data—is imperative to understanding why people may die while pregnant, during labor and delivery, and in the postpartum period. (Source: Guttmacher Institute) Maternal mortality review is an essential component for improvement. Delaware added the review of maternal mortality to the duties of the existing Child Death Review Commission in 2008, however, the focus and processes of the Commission need improvement to match our evolving understanding of maternal morbidity and mortality as well as racial disparities. This Act changes the name of the Commission, from “Child Death Review Commission” to “Child and Maternal Death Review Commission” to reflect the intended dual focus of the Commission. The definition of “maternal death” is updated to include death during pregnancy or within a year from the end of pregnancy, and related to, or aggravated by, the pregnancy or birth, including death by suicide. The membership of the Commission is updated to include a midwife, a doula, and a member of a community group focused on women’s health, teen pregnancy, or public health. In making appointments to the Commission, the Governor is directed to consider the racial diversity of the membership. Most of the work of the Commission and death review panels is quite properly, closed to the public, to protect sensitive medical information and other protected personal information. However, to increase access to the work of the Commission, and to provide the Commission with the insight of diverse members of the public and with other public bodies addressing similar issues, the Act requires the Commission to hold at least one annual meeting jointly with the Delaware Perinatal Quality Collaborative to discuss findings, recommendations, and initiatives of that body. The Commission is also required to publicly post its draft report to the General Assembly and Governor and accept written public comment thereon, as well as hold a public meeting in each county to present its draft findings and recommendations and accept public comment.  HA 1 does the following: Renames the Child Death Review Commission the “Maternal and Child Death Review Commission.” Adds the Director of the Division of Medicaid and Medical Assitance and the Director of DSAMH to the Commission and removes the Secretary of DHSS, the Chair of the Child Protection Accountability Commission, and the Chief Judge of the Family Court from the Commission membership. Replaces the requirement for a member from the “National Association of Social Workers” with a member who is a “licensed mental health professional.” Removes the addition to the Commission under the original bill of a doula member, requires a maternal advocate member from a statewide non-profit rather than one from a “community organization that focuses on women’s health, teen pregnancy, or public health,” and changes the current statutory language that requires two child advocates from statewide organization to one such advocate member. Revises the requirement for an annual meeting with the Delaware Perinatal Quality Collaborative. Requires public posting and acceptance of comment on the Commission’s findings and recommendations, rather than its draft findings and recommendations. Requires 1 statewide meeting to accept comment on findings and recommendations rather than 1 per county. Specifies that the Commission is a public health authority and a health oversight agency makes technical corrections. 

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Number: HB 341
DHA Position: No Position
Status: Introduced and Assigned to Health & Human Development Committee in House

An Act to Amend Title 31 of the Delaware Code relating to TANF Work Requirements and Maternal Health.  This Act requires that the state exempt pregnant persons and the parent or other relative primary caregiver of a child six months of age or younger from TANF work requirements.
 

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Number: HB 342
DHA Position: Support
Status: Signed into Law 7/25/2022

An Act to Amend Title 11 of the Delaware Code relating to Treatment of Pregnant & Post-Partum Prisoners.  Delaware law already prohibits the use of restraints on women who are giving birth or in labor except in limited circumstances. This Act expands that protection to include women in the second or third trimester of pregnancy and those in the 13-week immediate post-partum period. Wrist restraints fastened in front of the body may be used during transport except during labor or delivery or while being transported with a newborn. Wrist, leg, and waist restraints may also be used in extraordinary circumstances, but a licensed medical professional must be notified as soon as practicable when waist or leg restraints are applied and examine the prisoner within 10 minutes of the notification. Leg and waist restraints are prohibited for prisoners in labor and delivery. The Act also requires that a pregnant or post-partum woman who is required to squat or cough during a strip search be provided accommodations to avoid falls and prohibits vaginal exams except those performed by a medical professional. The American College of Obstetricians and Gynecologists states that shackling a pregnant inmate increases the risk of falling, impairs evaluations for serious pregnancy-associated conditions, causes pain and skin damage, and further endangers inmates at increased risk of preeclampsia. The use of restraints in the post-partum period creates additional risks to physical and mental health.  HA 1 redefines extraordinary circumstances to match federal law and requires data to be kept on the use of restraints on all pregnant prisoners, not just those in the second or third trimester.  HA 2 adds a training requirement, based on similar language from the federal First Step Act, relating to the permissible use of restraints, reporting requirements, and recognition of symptoms in pregnant prisoners that require referral to medical care.  

 

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Number: HB 343
DHA Position: Support
Status: Signed into Law 7/25/2022

An Act to Amend Title 31 of the Delaware Code relating to Medicaid Coverage for Doula Services.  This Act requires that the Division of Medicaid and Medical Assistance to present a plan to the General Assembly by November 1, 2022 for coverage of doula services by Medicaid providers.  HA 1 revises the definition of doula services to remove support for a birthing person who has been separated from the person’s child and add support for a birthing person following loss of pregnancy.   

 

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Number: HS 2 for HB 344
DHA Position: Support
Status: Signed into Law 7/25/2022
 

An Act to Amend Title 16 of the Delaware Code relating to Bias Training for Healthcare Workers.  This substitute bill places responsibility for development of bias and cultural competency training for healthcare employees in a subcommittee of the Delaware Perinatal Quality Collaborative. The subcommittee will develop training guidelines designed for use in all healthcare fields and shall release the initial guidelines by July 1, 2023. The subcommittee will review data every year thereafter and revise the guidelines as necessary.
 

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Number: HS 1 for HB 344
DHA Position: Support
Status: Substituted in House
 

An Act to Amend Title 16 of the Delaware Code relating to Bias Training for Healthcare Workers.  This Substitute Bill directs the Delaware Perinatal Quality Collaborative (DPQC) to develop guidelines for cultural competency training programs for use by hospitals and freestanding birthing centers in employee training and education programs. ‘Cultural competency’ is comprehensive term that incorporates diversity, inclusion, and implicit/unconscious bias training. Guidelines must be developed by the DPQC by January 1, 2023, and all hospitals and freestanding birthing centers must conform their cultural competency training programs to be consistent with the guidelines developed by the DPQC by July 1, 2023. The Substitute Bill also authorizes the DPQC to review annual reports from hospitals and freestanding birthing centers regarding their implementation of and compliance with the guidelines developed by the DPQC.
 

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Number: HB 344
DHA Position: None
Status: Substituted in House

An Act to Amend Title 16 of the Delaware Code relating to Bias Training for Healthcare Workers.  Implicit bias, meaning the attitudes or internalized stereotypes that affect our perceptions, actions, and decisions in an unconscious manner, exists, and often contributes to unequal treatment of people based on race, ethnicity, gender identity, sexual orientation, age, disability, and other characteristics.  Implicit bias contributes to health disparities by affecting the behavior of licensed health professionals and other health care staff. In some cases, explicit bias also contributes to disparities in health treatments and outcomes. Evidence of racial and ethnic disparities in health care is consistent across a range of illnesses and health care services. Racial and ethnic disparities remain even after adjusting for socioeconomic differences, insurance status, and other factors influencing access to health care. African American women are three to four times more likely than white women to die from pregnancy-related causes nationwide. African American patients often are prescribed less pain medication than white patients who present the same complaints, and African American patients with signs of heart problems are not referred for advanced cardiovascular procedures as often as white patients with the same symptoms. Implicit gender bias also impacts treatment decisions and outcomes. Women are less likely to survive a heart attack when they are treated by a male physician and surgeon. LGBTQ and gender-nonconforming patients are less likely to seek timely medical care because they experience disrespect and discrimination from health care staff, with one out of five transgender patients nationwide reporting that they were outright denied medical care due to bias. This Act is intended to provide licensed health care professionals and other health care staff with strategies for understanding and reducing the impact of their biases in order to reduce disparate outcomes and ensure that all patients receive fair treatment and quality health care by requiring annual explicit and implicit bias training for health professionals and staff of hospitals and freestanding birthing centers. Training are required to be conducted in a manner that allows licensed healthcare professionals to receive continuing education credits relevant to licensure for participating in the training. This Act takes effect January 1, 2023.
 

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Number: HB 345
DHA Position: Support
Status: Signed into Law 7/25/2022

An Act to Amend Title 11 of the Delaware Code relating to Medical Care.  This Act ensures pregnant women and women who have given birth within the past six weeks who are subject to the custody of the Department of Corrections at Level IV or V have access to midwifery and doula services by requiring the Department to make reasonable accommodations for provision of available midwifery or doula services. This Act requires the Department to establish and provide midwifery services subject to the availability of funds designated for that purpose. This Act also requires the Department to provide written notice to pregnant and postpartum women subject to the custody of the Department at Level IV or V of the availability of midwifery and doula services.  HA 1 requires that doula services be provided by a certified doula and defines "certified doula" as an individual who has received a certification to perform doula services from a specified doula certifying organization. This Act also makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual, was placed with the Bill.
 

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Number: HB 346
DHA Position: Support
Status: Introduced and Assigned to Health & Human Development Committee in House

An Act to Amend Title 31 of the Delaware Code relating to Remote Patient Monitoring Devices.  This Act removes the requirement that a pregnant patient enrolled in the state Medicaid program receive prior authorization for an automated take home blood pressure cuff when the automated take home blood pressure cuff is recommended by their doctor. Without this Act, pregnant members enrolled with a Managed Care Organization (MCO) can receive an automated take-home blood pressure cuff without prior authorization while patients enrolled in the Medicaid fee for service program cannot.
 

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Number: HB 348
DHA Position: No Position
Status: Assigned to Education Committee in Senate
 

An Act to Amend Title 14 of the Delaware Code relating to the Basic Salary Schedule for School-Based Physical and Occupational Therapists.  This Act provides nationally certified occupational therapists with a salary supplement for receiving national certification. This Act also makes technical corrections to conform existing language to the standards of the Delaware Drafting Manual.
 

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Number: HB 354
DHA Position: No Position
Status: Out of Committee in House

An Act of amend Titles 19 of the Delaware Code relating to Delaware’s Whistlebolowers Protection Act.  This Act amends Delaware’s Whistleblower Protection Act to preclude an employer from reporting or threatening to report an employee’s citizenship or immigration status or a family members citizenship or immigration status to a federal, state, or local agency, in response to the employee engaging in a protected activity under Delaware’s Whistleblower Act.  HA 1 adds the employer’s actual knowledge of an employee or employee family member’s citizenship or immigration status, in addition to suspected knowledge, to Delaware’s Whistleblower Act.

 

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Number: HB 356
DHA Position: No Position
Status: Signed into Law 10/14/2022

An Act of amend Titles 16 of the Delaware Code relating to the Delaware Medical Marijuana Act.  This Act terminates the Medical Marijuana Act Oversight Committee ("Committee"). After Joint Legislative Oversight and Sunset Committee's ("JLOSC") thoroughly reviewed the Committee, JLOSC concluded that the Office of Medical Marijuana ("Office") oversees a functioning medical marijuana program without support from the Committee. Since October 15, 2015, the Committee has made only 2 recommendations to the Office relating to the medical marijuana program and has not made recommendations to the Governor or the General Assembly. Therefore, the Committee is not meeting a public need. The termination of the Committee is made under JLOSC's authority to terminate an agency under § 10214 of Title 29, and without opposition from the Committee, the Office, or the Department of Health and Social Services.
 

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Number: HB 360
DHA Position: No Position
Status: Signed into Law 4/14/2022

An Act to create the Delaware Code relating to the 2022 Delaware Relief Rebate Program.  The Act, which shall be known as the 2022 Delaware Relief Rebate Program, creates a “relief rebate” which is a one-time direct payment of $300 per Delaware resident taxpayer. This relief is intended to help Delawareans grappling with significant inflation at the grocery store and gas pump. Payment of the $300 will be made by the Delaware Department of Finance to resident individual income taxpayers who filed a 2020 personal income tax return. This payment will be made to each taxpayer, including those who jointly filed. No action on the part of a taxpayer is required to receive the $300. In order to quickly provide this payment to Delaware taxpayers, provisions pertaining to tax intercepts by other government entities and Delaware State agencies shall not apply. The amount received by individual taxpayers will not be subject to Delaware income taxes. Any written protest for the disallowance of the payment of the $300 relief rebate under this Act shall be processed consistently with existing provisions in Title 30. Records of the Department with respect to the provisions of this Act are subject to existing protections from disclosure under Delaware laws. A timely filed tax return includes extensions. This Act also temporarily suspends the limitation on refunds of taxes under Title 29 of the Code until DEFAC refund estimates include the 2022 Delaware Relief Rebate Program. Costs associated with the administration and issuance of payments under this Act will be funded by delinquent tax revenue authorized to be retained by the Department of Finance in the annual budget act. Finally, this Act requires the Department of Finance to establish a process to provide the relief rebate to resident adults who did not file a 2020 state income tax return by identifying adult residents through existing databases held by other state agencies, such as the Division of Motor Vehicles. The Department of Finance will then work with the Department of Technology and Information to implement a process by which eligible residents who have not been identified by other means can apply for and receive the relief rebate, subject to verification of their identity and eligibility. HA1 expressly authorizes the Department of Finance to share information otherwise protected from disclosure pursuant to § 368 of Title 30 with other State agencies in order to carry out Section 2 of House Bill No. 360. The Amendment also ensures information shared with the Department will remain confidential.

 

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Number: HB 363
DHA Position: No Position
Status: Signed into Law 6/14/2022
 

An Act of amend Titles 29 of the Delaware Code relating to the Council on Services for Aging & Adults with Physical Disabilities.  This Act is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of Adult Protective Services ("APS"). In the process of the review, and with APS's agreement, JLOSC recommended eliminating the Adult Protective Services Advisory Council under § 3903 of Title 31 and absorbing that council's role into the Council on Services for Aging and Adults with Physical Disabilities. This Act makes the required changes to the Council on Services for Aging and Adults with Physical Disabilities. The APS Advisory Council is removed from Title 31 in separate legislation. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: HB 366
DHA Position: No Position
Status: Introduced and Assigned to Administration Committee in House

An Act of amend Titles 15 of the Delaware Code relating to Campaign Contributions & Expenditures.  This Act requires a candidate’s political committee’s contribution and expense report, provided to the Department of Elections, to include the primary employer and job title of each person contributing to the committee. The Act requires the Department to review every committee report for any contribution or expense violation and to note the report, on the Department’s website, as either “submitted but not reviewed” or “reviewed and final”. The Act also requires the Department of Elections to provide a telephone number and online form for reporting alleged campaign financing violations with an option for the informant to provide their contact information to the Department. This Act also allows reporting parties who unintentionally receive or make a prohibited contribution to return or reimburse the contribution or pay the contribution to the State Treasurer. The Act also eliminates the ability of anyone who makes or accepts a prohibited campaign contribution from donating the money to a designated Title 30 charitable organization. The Act requires anyone who knowingly accepts an unlawful campaign contribution to pay the money to the State Treasurer for deposit to the General Fund. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.  HA 1, which substitutes the Commissioner of Elections for the State Treasurer as the proper designee for collecting any prohibited or unlawful campaign contributions to be deposited into the General Fund was placed with the Bill.  
 

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Number: HB 367
DHA Position: No Position
Status: Out of Committee in Senate
 

An Act of amend Titles 29 of the Delaware Code relating to the State Council for Persons with Disabilities.  This Act makes the State Council for Persons with Disabilities consistent with current practice by revising its responsibilities to collect data regarding persons with disabilities. This Act also amends the members of the Council and clarifies the definition of “persons with disabilities”. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.  HA 1 makes a technical correction, and HA 2 is a technical amendment to fix an underlining error.

 

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Number: HB 369
DHA Position: No Position
Status: Ready for Governor’s Action

An Act of amend Titles 12 of the Delaware Code relating to the Delaware Guardianship Commission.  This Act adds a member of the Delaware Bar, designated by the Elder Law Section of the Delaware State Bar Association, to the Delaware Guardianship Commission. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.  HA 1 appoints the Chair of the Elder Law Section of the Delaware State Bar Association as an additional member of the Delaware Guardianship Commission.

 

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Number: HB 371
DHA Position: Oppose
Status: Vetoed by the Governor

An Act of amend Titles 16 of the Delaware Code relating to Marijuana.    This Act removes all penalties for possession of 1 ounce or less of marijuana, except for those who are under 21 years of age. Possession of more than 1 ounce of marijuana and public consumption remain unclassified misdemeanors. The Act also removes language referencing search and seizure authority. This Act also adds a provision to the Uniform Controlled Substances Act that provides that there will be no criminal or civil penalty for transfers of 1 ounce or less of marijuana between persons who are 21 years of age or older without remuneration.  SA 1, which delays the effective date of this Act until there is a way for law enforcement to put in place an accurate test to gauge if someone is under the influence of marijuana, was defeated in Senate.

 

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Number: HB 372
DHA Position: Oppose
Status: Defeated in House

An Act of amend Titles 4, 11, 16 and 30 of the Delaware Code relating to Creation of the Delaware Marijuana Control Act.  The Delaware Marijuana Control Act regulates and taxes marijuana in the same manner as alcohol. Section 1: Amends Chapter 47 of Title 16 to provide that the offenses and penalties under Uniform Controlled Substances Act do not apply to marijuana-related conduct allowed under the Delaware Marijuana Control Act or the Delaware Medical Marijuana Act, Chapter 49A of Title 16. Section 2: Makes technical corrections to Chapter 47 of Title 16 and excludes industrial hemp from the definition of marijuana. Section 3: Amends § 4902A of Title 16 so that the definition of a registered safety compliance facility includes not just marijuana produced for medical use but also marijuana produced under the Delaware Marijuana Control Act. Section 4: Amends Chapter 4 of Title 4 to expand the Division of Alcohol and Tobacco Enforcement’s duties and powers to include enforcement of the Delaware Marijuana Control Act. Section 5: This section creates the Delaware Marijuana Control Act. Subchapter I contains definitions and general provisions. This section of the Act permits individuals over age 21 to possess, use, purchase, or transport 1 ounce (28 grams) or less of marijuana, no more than 5 grams of which may be concentrated, by individuals 21 years of age or older if the individuals are in compliance with this chapter. It permits the operation of marijuana businesses if they operate under licenses granted under the Marijuana Control Act, but imposes the same limits on hours and holiday sales as apply to sales of alcohol. It prohibits the use of marijuana in public, by drivers or passengers in vehicles, and prohibits the smoking of marijuana anywhere that smoking tobacco or e-cigarettes is not permitted. Marijuana may not be sold in an establishment licensed to sell alcohol. It delineates the rights of property owners with respect to marijuana possession and consumption. There are penalties as with alcohol sales, for individuals under the age of 21 using false identification to purchase marijuana, and for businesses that fail to verify the age of marijuana consumers. This Delaware Marijuana Control Act Oversight Committee is created. This Oversight Committee will coordinate the implementation of this Act with the Medical Marijuana Program, the Division of Public Health, the Division of Substance Abuse and Mental Health, and the public. The Oversight Committee will review the effectiveness of the Delaware Marijuana Control Act in regard to the safe operation of facilities licensed under this Act, the impact of this Act on public safety, and the impact of this Act on public health. The Commissioner must submit an annual report to the Governor and the members of the General Assembly setting forth all matters of interest and all statistics concerning marijuana regulation and control in the State including: the number of licenses of each variety issued with the State; including the name and address of each person licensed to cultivate, manufacture, or sell marijuana or marijuana products in the State; the amount of marijuana and marijuana products sold within the State; the number of licenses of each kind granted and the number cancelled during the year, and the outcomes and effective of the issuance of social equity licenses. This subchapter includes a provision protecting public officers, employees, contractors or volunteers who are acting in accordance with the provisions of this Act as part of their duties and requiring the State indemnify them in any civil or criminal proceedings that may arise from carrying out duties imposed under this Act. Subchapter II creates the position of Marijuana Commissioner and an Appeals Commission. The Commissioner has the power to establish health and safety regulations for marijuana cultivation that are consistent with applicable rules and regulations established by the Department of Natural Resources and Environmental Control and the Department of Agriculture. The Commissioner must consult with the Division of Alcohol and Tobacco Enforcement before adopting or establishing policies that concern enforcement. Finally, they must coordinate with the Division of Small Business, Development, and Tourism so that potential businesses licensed under this Act have access to programs, particularly those that support small businesses owned by minorities, women, and veterans. Subchapter III sets up the regulations and licenses under the Delaware Marijuana Control Act. The Marijuana Commissioner has the authority to adopt regulations to implement this Act and includes specific requirements that marijuana establishments must meet to obtain licenses. Regulations must require that products containing marijuana use of a symbol and a standard measurement to be used on all marijuana products so they are easily identified as containing marijuana and consumers can identify the amount of marijuana in different products; be in opaque, child-resistant packaging; and contain a warning label explaining evidence-based harms from consuming marijuana, including the impact on developing brains. The regulations must also contain security requirements, testing requirements, advertising restrictions, and require that food products comply with State food safety laws. There are separate licensing requirements for retail marijuana stores, marijuana testing facilities, marijuana cultivation facilities, and marijuana product manufacturing facilities. Licensing requirements also differ between open licenses, social equity licenses, and microbusiness licenses. There is a $10,000 biennial fee for most open licenses, with reduced licensing fees for microbusinesses and social equity licenses. Cultivation licenses are determined square footage of the grow rates. As part of the competitive scoring process the Commissioner will use to determine which applicant may obtain licenses to operate each type of marijuana establishment, applicants for open licenses will submit a business plan, an environmental and sustainability plan, as well as attestations affirming that (1) the applicant has a project labor agreement with a bona fide labor organization, and (2) the applicant has or will utilize a project labor agreement. Subchapter III establishes the criteria for social equity and microbusiness licenses, requires the Commissioner to develop a financial assistance and technical assistance programming to aid social equity applicants. Subchapter VII provides the Commission the authority to refuse approval of changes in the ownership, officers, or directors, financial interest or lease in connection with any license. The subchapter also details the requirements when there is a change in ownership of a license or licensee, a change in officers and directors, and changes in the financial interest of a license or licensee. Subchapter VIII creates the Marijuana Regulation Fund and the Justice Reinvestment Fund. The Regulation Fund will consist of fees collected, penalties imposed, and taxes collected under this Act. It creates the marijuana control enforcement tax on retail marijuana in the amount of 15%. 7% of the tax revenue collected will be allocated to the Justice Reinvestment Fund, under the management of the Department of Justice where it will be used for projects to improve quality of life for communities most impacted by the prohibition of marijuana and “war on drugs” era policies. Sections 6 and 7: Create a State tax deduction for all ordinary and necessary expenses paid or incurred by a marijuana establishment to reflect the inability of a business licensed under this Act to deduct these expenses from federal taxes and thus state taxes. This creates a more level playing field with other businesses. Section 8: Allows the Division of Revenue to share records with the Marijuana Commissioner for purposes of tax compliance. Section 9: Exempts tax paid on marijuana products from the gross receipts tax. Section 10: Removes possession of marijuana from the list of activities that prohibits a person from at the same time possessing a handgun. Section 11: Requires regulations to be finalized within 12 months of the effective date of this Act. Section 12: Makes the provisions of the bill severable.  HA 1 substitutes language from House Amendment No. 7 to House Bill No. 305 relating to the impact of legalization and regulation on employers and employees.  HA 2 explicitly provides authority to the City of Wilmington to promulgate rules for the location of marijuana establishments.
 

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Number: HB 382
DHA Position: No Position
Status: Signed into Law 10/7/2022
 

An Act of amend Titles 14, 29, and 31 of the Delaware Code relating to People who are Visually Impaired.  This Act is a result of the Joint Legislature Oversight and Sunset Committee's ("JLOSC") review of the Division for the Visually Impaired ("DVI") and represents the collaboration of several state agencies and other stakeholders. The General Assembly originally codified DVI in 1909 as the Delaware Commission for the Blind, Delaware’s first state agency. DVI was established in § 7929, Title 29 in 1978 and housed under the Department of Health and Social Services. The JLOSC review and subsequent task force on DVI revealed changes needed under Title 14, 29, and 31. This Act modernizes the portions of Titles 14, 29, and 31 relating to persons with blindness, including: - Updating sections language pertaining to the federal Vocational Rehabilitation (“VR”) program, which includes the Business Enterprise Program. DVI is an approved VR agency under the federal program. The Rehabilitation Services Administration (RSA) is the federal agency who oversees DVI’s VR program. The RSA completes audits on DVI’s VR program and provides ongoing guidance and support. This Act makes amendments to areas identified in the JLOSC review process and by RSA during their recent audit. - Updating language in Title 14 relating to teacher certification. Teachers that DVI employs are certified teachers of the visually impaired and must meet all Department of Education (“DOE”) requirements. This area of law is extensively regulated under the DOE’s regulations relating to educational services to all children with disabilities, including blindness. See Regulation 925 of Title 14 of the Delaware Administrative Code. DVI worked in collaboration with the Department of Education on updates to Title 14 and removed outdated information on teacher certification. - Repealing Chapter 23, Title 31. Chapter 23 is outdated language that codified the duties of the previous entity, the Commission for the Blind. DVI does not provide the services under Chapter 23. - Correcting the title of the Council on the Blind in § 8210, Title 29. - Removing remaining references to the Commission on the Blind. - Replacing antiquated language with the appropriate phrase, “person with blindness” or "person with visual impairment." This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: HB 384
DHA Position: No Position
Status: Signed into Law 10/14/2022

An Act of amend Titles 16 of the Delaware Code relating to Statewide Contracts to Support Employment for Individuals with Disabilities.  This Act is a result of the Joint Legislative Oversight and Sunset Committee’s (“JLOSC”) review of the Division for the Visually Impaired. Under this Act, the Delaware Industries for the Blind (“DIB”) is repealed. DIB closed operations in March 2017 after experiencing several challenges, including all of the following: - Responding to the recession. - Reduction of resources permitted for state agencies to award employee recognition rewards. - Being classified as a sheltered workshop. - An ineffective and inefficient business model that ultimately resulted in cash flow issues. This Act also makes needed updates to § 9606, Title 16, which relates to the Blind Enterprise Program, a program under Delaware’s Division of Vocational Rehabilitation, authorized by the federal Randolph-Sheppard Act, and monitored by the federal Rehabilitation Services Administration. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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Number: HB 398
DHA Position: None
Status: Signed into Law 8/4/2022
 

An Act to amend Titles 11 of the Delaware Code relating to the Human trafficking Interagency Coordinating Council.  This Act renames the Human Trafficking Interagency Coordinating Council as the Delaware Anti-Trafficking Action Council (Council) for the purpose of providing a clearer description of the work that the Council performs. This Act also transfers the Council from under the authority of the Department of Health and Social Services (DHSS) to the Criminal Justice Council. DHSS's clerical staffing duty is removed. This Act requires the Council to appoint an Executive Director, who will serve at the Council's pleasure. The Executive Director shall support the Council in carrying out its statutory duties. Subject to the approval of a quorum of the Council and within the limits of any appropriation made by the General Assembly or available funding from another funding source, the Executive Director shall also employ staff and contract for services as necessary to assist the Council with performing its duties. By providing the Council with staff, the Council will be better able to comply with its statutory mandates under Delaware's Human Trafficking law. It will also be able to pursue grant funding opportunities that it previously did not have the infrastructure to support. Additionally, this Act broadens several existing statutory duties of the Council to ensure the Council has the flexibility necessary to perform its work and allows it to pursue work that may broaden opportunity to obtain grant funding. This Act also clarifies that one member of the Council must be an individual with prior experience in working with victims of human trafficking in a legal or advocacy capacity and that this individual may reside in any county. This Act also clarifies how this member must be appointed. This Act adds additional reporting requirements, clarifies that the report is intended to be an annual report, and adds that the report must also be submitted to the Executive Director of the Criminal Justice Council. This Act removes language related to the initial startup of the Council because this language is no longer relevant. This Act also repeals § 787(k)(2)j. of this Title because the paragraph contains language that is no longer relevant. Procedural requirements for Council business are located in § 787(k)(4), so the procedural requirements in § 787(k)(2)j. were moved to § 787(k)(4)b. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including corresponding corrections to internal references in § 787(l) and § 787(m) since paragraphs within § 787(k) have been renumbered. The Council wishes to name this Act for and honor the late Ms. February O’Donnell and the late Ms. Amy Day. Ms. O’Donnell, a human trafficking survivor, and Ms. Day, a victims’ services volunteer who started the nonprofit, Meet Me At The Well, were remarkable women who helped lead the way in Delaware’s fight against human trafficking.
 

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Number: HB 399
DHA Position: None
Status: Signed into Law 10/3/2022

An Act to amend Titles 24 of the Delaware Code relating to Practice of Pharmacy.  All human laboratory testing is regulated under the Clinical Laboratory Improvement Amendments of 1988 (“CLIA”). CLIA-waived tests are simple laboratory examinations and procedures that have an insignificant risk of an erroneous result. Common CLIA-waived tests include Influenza, HIV, COVID-19, and lipid-panel tests. Amid COVID-19 pandemic, the need for immediate diagnostic services that are close to home became vital. This bill authorizes pharmacists to order and perform tests authorized by the FDA and CLIA-waived and provide treatment for such health conditions.  HA 1 changes the list of conditions for which a pharmacist may order, test, screen and treat. For example, HIV has been removed from the list of conditions. This amendment also makes minor changes to the authority House Bill No. 399 provides to pharmacists to order and perform tests authorized by the FDA and CLIA-waived.  HA 2 removes urinary tract infections from the list of health conditions that a pharmacist may order, test, screen and treat.

 

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Number: HB 400
DHA Position: Support
Status: Stricken in House

An Act of amend Titles 18, 29 & 31 of the Delaware Code relating to Common Summary Payment Forms & Protection of Sensitive Health Care Services.  The ability of insured dependents and other insured members to receive confidential sensitive health care services without the knowledge of the insured policyholder is greatly impeded through traditional billing processes utilized by health insurers. The most frequent form used is an explanation of benefit (EOB) sent to the policyholder after anyone covered under the policy receives care. The lack of confidentiality for sensitive health care services can often result in insured members simply avoiding necessary health care. This Act amends Titles 18, 29, and 31 to require both individual and group health carriers, including those providing coverage under the State health insurance plans, to use a common summary of payment form, developed by the Department of Insurance, for defined sensitive health care services. The Act prohibits the health carriers from specifying any defined sensitive health care services in the form, allows health carriers to address the form to the insured member, allows insured members to choose their preferred method of receiving said form, and precludes health carriers from sending the form when there is no payment liability for the visit or service provided. The Act also amends Title 31 to provide that any carrier providing health insurance to Medicaid recipients may not divulge defined sensitive health care services without the recipient’s express written or telephone recorded consent. The Department of Insurance is required to issue guidance to health insurers within 1 year of enactment. The Division of Public Health is required to establish a plan to educate health care providers and staff of hospitals, medical offices, community health centers and school-based health centers to promote compliance with this Act within 1 year of enactment.
 

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Number: HB 404
DHA Position: None
Status: Signed into Law 9/21/2022

An Act of amend Titles 24 & 29of the Delaware Code relating to Professional Licensing.  The Delaware Fair Chance Licensing Act provides that it is the policy of this State to allow entry to professions and occupations with licensing requirements for individuals with a criminal history to the maximum extent consistent with public safety. To that end, the bill identifies certain kinds of criminal history elements that should not be considered by licensing boards: charges that are not pending and did not lead to a conviction; juvenile records; records that have been expunged, sealed, or pardoned; and convictions that are more than 10 years old. An exception is allowed to the 10 year rule to preserve existing prohibitions involving sex offense convictions. The Act also identifies factors a licensing authorityshould consider in determining whether a criminal history record would prohibit licensure, or whether a waiver should be granted. The bill provides a process whereby an individual may submit an inquiry to the Division of Professional Regulation regarding whether their criminal history would be disqualifying for a particular license. Finally, it provides that the Board or Division must provide a written statement to an individual if their criminal history record would be disqualifying and allow the individual to submit rebuttal materials if they wish to do so. Technical changes are also made to conform the provisions to the requirements of the Delaware Legislative Drafting Manual. Conforming changes are made to all the Chapters of Title 24 that are administered by the Division of Professional Regulation. Technical corrections are made to existing provisions to conform with the Delaware Legislative Drafting Manual.   HA 2 clarifies that a pre-application determination that a criminal history would not prevent an individual from receiving a license is binding on the licensing board at the time of application so long as there is no other substantial change in circumstances, such as an intervening new conviction. If the Division or licensing board determines in the pre-application proceedings that an individual might not be eligible for a license because of their criminal history, the person is still entitled to a full hearing on the matter at the time of application, in accordance with the Administrative Procedures Act. This amendment allows the Board of Accountancy to consider convictions for financial crimes regardless of the time that has passed since conviction. This is in line with the requirements for the interstate compact relating to accountancy licensure.  


 

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Number: HB 409
DHA Position: None
Status: Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

An Act of amend Title 19 of the Delaware Code relating to Earned Sick Time and Safety Leave.  This Act requires all employers in the State to provide employees with a minimum of 1 hour of earned sick time and safety leave for every 30 hours worked. For employers with fewer than 10 employees, the time may be unpaid, job-protected time instead of paid time. Accrued earned sick time and safety leave may be used by the employee for time off with pay at the employee’s regular wage and benefit rate to deal with the mental and physical health needs of either the employee or an employee’s family member and other specified purposes. Earned sick time and safety leave may also be used to address the consequences of domestic violence for such things as meeting with lawyers, obtaining services from victim service organizations, temporary relocation and the like. Employers may cap the number of hours earned per year at 40, the carryover from one year to the next at 40 hours, and the maximum earned sick and safety leave at 80 hours. Employers may require employees to have been employed at least 90 days before they may take earned sick leave and safety time. Employers whose benefits packages already meet the minimum requirements of this Act are not required to offer anything additional. The Department of Labor will promulgate regulations governing operation of the Act and will enforce the provisions of the Act. Employers who violate the Act are subject to civil penalty of no less than $1,000 nor more than $5,000. Employers are prohibited from discriminating against an employee who complains to the Department that an employer has violated the Act.
 

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Number: HB 411
DHA Position: No Position
Status: The following proposes a Constitutional Amendment and does not require the Governor’s signature

An Act Proposing an amendment to Article II of the Delaware Constitution Relating to Limitations on the Time and Frequency of Legislative Sessions.  This Act is the first leg of a constitutional amendment that would prohibit the regular session of the General Assembly from extending beyond 5:00 p.m. on the last day of June, unless the session is recalled by the Governor or the presiding officers of both Houses. This changes the time beyond which a regular session of the General Assembly may not extend from midnight on June 30 to 5:00 p.m., which changes the time at which the presiding officers of both Houses must act to recall the General Assembly into special session. This means the General Assembly no longer has to remain in session until midnight to recall itself into special session. This Act does not change the date of or process for “final adjournment,” as defined in Opinion of the Justices, 175 A.2d 543, 545 (Del. 1961) (“‘[F]inal adjournment’ . . . means the adjournment sine die of the second regular session, or, in the absence of such adjournment, the extinguishment of the particular General Assembly by reason of expiration of the terms of office of the members.”). In addition, this Act contemplates that each House will continue its traditional practice of recessing to the call of the chair. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.
 

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Number: HB 414
DHA Position: None
Status: Introduced and Assigned to Judiciary Committee in House
 

An Act of amend Title 10 of the Delaware Code relating to Protection from Abuse.  This Act adds coercive conduct which restricts, controls, or interferes with an individual’s finances or financial resources including their bank accounts, credit cards, employment, education, and personal identity to the definition of “abuse” under Protection from Abuse Proceedings section in Title 10. The Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.
 

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