Chapter 5

§ 501 Report of contagious diseases — To Department. (a) Local boards of health authorities and physicians in rural districts or other localities where there are no health officials shall report to the Department of Health and Social Services the existence of any case of contagious or infectious diseases which may come under their observation. (b) Whoever violates this section shall be subject to the penalties provided in § 107 of this title. 19 Del. Laws, c. 642, §  11 ; 22 Del. Laws, c. 327, §  6 ; Code 1915, §  742; 33 Del. Laws, c. 57, §  4 ; 34 Del. Laws, c. 69, §  1 ; Code 1935, §  748; 16 Del. C. 1953, §  501; 70 Del. Laws, c. 149, §  73 ; 70 Del. Laws, c. 186, §  1 ; § 502 Report of contagious diseases — To local boards. Every physician or other person having knowledge of any person who is suffering from any disease dangerous to the public health, which the Department of Health and Social Services may require to be reported shall report the same to the local health board or official nearest such physician’s or other person’s place of residence, giving the name, age, sex and color of the patient and the house or place where the patient may be found. 16 Del. Laws, c. 345, §  17 ; 22 Del. Laws, c. 328, §  3 ; Code 1915, §  756; 33 Del. Laws, c. 57, §  4 ; 34 Del. Laws, c. 69, §  1 ; 37 Del. Laws, c. 60, §  1 ; Code 1935, §  751; 16 Del. C. 1953, §  502; 70 Del. Laws, c. 149, §  74 ; 70 Del Laws, c. 186,, §  1; 84 Del. Laws, c. 42, § 82 ; § 503 Unreported contagious disease. When complaint is made or there is a reasonable belief of the existence of an infectious or contagious disease in a building or facility which has not been reported as required by § 502 of this title, the Secretary of Health and Social Services or the Secretary’s designee shall inspect or cause the relevant building or facility to be inspected and, on discovering that such disease exists, shall immediately make a report as described in § 130 of this title. 16 Del. Laws, c. 345, §  17 ; 22 Del. Laws, c. 328, §  3 ; Code 1915, §  756; 33 Del. Laws, c. 57, §  4 ; 34 Del. Laws, c. 69, §  1 ; 37 Del. Laws, c. 60, §  1 ; Code 1935, §  751; 16 Del. C. 1953, §  503; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 355, §  6 ; § 504 Notifiable diseases. The Division of Public Health may by regulation declare any disease to be a notifiable disease, as that term is used in § 130(b) of this title. 16 Del. Laws, c. 345, §  17 ; 22 Del. Laws, c. 328, §  3 ; Code 1915, §  756; 33 Del. Laws, c. 57, §  4 ; 34 Del. Laws, c. 69, §  1 ; 37 Del. Laws, c. 60, §  1 ; Code 1935, §  751; 16 Del. C. 1953, §  504; 70 Del. Laws, c. 149, §  76 ; 70 Del Laws, c. 186,, §  1; 73 Del. Laws, c. 355, §  7 ; § 505 Communicable diseases; regulations; quarantine [Effective until July 17, 2028]. (a) From the list of notifiable diseases referred to in § 504 of this title, the Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, may at any time declare certain diseases to be communicable and may by regulation lay down the procedure which is to be followed by the patient or person suffering therefrom, the parents of the patient, the householder, by the physician attending on the patient or any individual brought into contact with or responsible for the care or maintenance of the patient in order that the transference of the disease to other individual or individuals may be prevented. (b) The regulation respecting the communicable diseases shall provide for: (1) Quarantine or isolation of the patient, of any person or persons who have been exposed to the patient and therefore liable to have contracted the disease or of any carrier of the disease; (2) Placarding by a suitable sign intended to be recognizable by the public, the premises, house, tenement or room in which the person ill of or exposed to the disease, may be; (3) Any other matter relating to the care of and due to the illness of the patient from such a communicable disease while the patient is living and ill from the disease or to the disposal of the patient’s body when dead; (4) Removal of the patient from and the patient’s return to school; and (5) Any other matter or procedure of interest in the protection of the public. (c) The powers and duties of the Division under this section are subject to the powers and duties granted other entities in Title 20. Provisions of Title 20 which conflict with provisions of this section shall take precedence over this section. 16 Del. Laws, c. 345, §  18 ; 22 Del. Laws, c. 328, §  4 ; Code 1915, §  757; 33 Del. Laws, c. 57, §  4 ; 34 Del. Laws, c. 69, §  1 ; 37 Del. Laws, c. 60, §  2 ; Code 1935, §  752; 43 Del. Laws, c. 91, §  1 ; 16 Del. C. 1953, §  505; 70 Del. Laws, c. 147, §  6 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 355, §  8 ; 84 Del. Laws, c. 42, § 83 ; 84 Del. Laws, c. 92, § 1 ; § 505 Communicable diseases; regulations; quarantine [Effective July 1, 2028]. (a) From the list of notifiable diseases referred to in § 504 of this title, the Director of the Division of Public Health or the Director’s designee may at any time declare certain diseases to be communicable and may by regulation lay down the procedure which is to be followed by the patient or person suffering therefrom, the parents of the patient, the householder, by the physician attending on the patient or any individual brought into contact with or responsible for the care or maintenance of the patient in order that the transference of the disease to other individual or individuals may be prevented. (b) The regulation respecting the communicable diseases shall provide for: (1) Quarantine or isolation of the patient, of any person or persons who have been exposed to the patient and therefore liable to have contracted the disease or of any carrier of the disease; (2) Placarding by a suitable sign intended to be recognizable by the public, the premises, house, tenement or room in which the person ill of or exposed to the disease, may be; (3) Any other matter relating to the care of and due to the illness of the patient from such a communicable disease while the patient is living and ill from the disease or to the disposal of the patient’s body when dead; (4) Removal of the patient from and the patient’s return to school; and (5) Any other matter or procedure of interest in the protection of the public. (c) The powers and duties of the Division under this section are subject to the powers and duties granted other entities in Title 20. Provisions of Title 20 which conflict with provisions of this section shall take precedence over this section. 16 Del. Laws, c. 345, §  18 ; 22 Del. Laws, c. 328, §  4 ; Code 1915, §  757; 33 Del. Laws, c. 57, §  4 ; 34 Del. Laws, c. 69, §  1 ; 37 Del. Laws, c. 60, §  2 ; Code 1935, §  752; 43 Del. Laws, c. 91, §  1 ; 16 Del. C. 1953, §  505; 70 Del. Laws, c. 147, §  6 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 355, §  8 ; 84 Del. Laws, c. 42, § 83 ; 84 Del. Laws, c. 92, § 1 ; 84 Del. Laws, c. 92, § 9 ; § 506 Due process rights of quarantined individuals. The Division of Public Health shall afford persons who are quarantined pursuant to § 505 of this title the same due process rights as those afforded to persons who are quarantined pursuant to § 3136 of Title 20. 73 Del. Laws, c. 355, §  9 ; § 507 Diphtheria antitoxin and immunizing materials; distribution; regulations; penalty for false certification. (a) The State Board of Health may procure and distribute free to any physician for use in this State diphtheria antitoxin and all necessary material for immunizing persons against diphtheria. No such antitoxin shall be furnished until after certification by the physician of the name and address of the person for whom the antitoxin is desired. The name and address of all persons immunized shall be filed with the State Board by the physician who performs the immunization. (b) The State Board may make such rules and regulations as it deems necessary for the carrying into effect of this section and such rules shall have the force of law. (c) Whoever makes false certification in order to procure any of the antitoxin referred to in subsection (a) of this section or sells or attempts to sell such antitoxin or immunizing materials shall be fined not less than $5.00 nor more than $50. (d) The Division of Public Health may contract for hepatitis B vaccinations for immunizing individuals who volunteer for ambulance companies and/or volunteer fire companies. No such vaccination shall be furnished until after certification as to the person for whom the vaccination is desired, including the individual’s name, address and that the individual is a member in good standing of a volunteer fire company or of a volunteer ambulance company. The name and address of all persons immunized shall be filed with the Division of Public Health. The Division of Public Health may promulgate reasonable rules and regulations regarding the immunization of volunteer firefighters and individuals who volunteer for ambulance companies. 26 Del. Laws, c. 74 ; 27 Del. Laws, c. 86 ; Code 1915, §  769; 32 Del. Laws, c. 40, §  1 ; 33 Del. Laws, c. 57, §  4 ; 34 Del. Laws, c. 69, §  1 ; Code 1935, §  775; 16 Del. C. 1953, §  507; 70 Del. Laws, c. 186, §  1 ; 70 Del. Laws, c. 562, §  1 ; § 508 Tracking of potential or existing public health emergencies. The Division of Public Health shall ascertain the existence of cases of an illness or health condition which may be potential causes of a public health emergency; shall investigate all such cases for sources of infection and shall ensure that they are subject to proper control measures; and shall define the distribution of the illness or health condition. To fulfill these duties, the Division of Public Health shall perform the following: (1) Acting on information developed in accordance with § 130 of this title or other reliable information, the Division shall identify all individuals thought to have been exposed to an illness or health condition which may be a potential cause of a public health emergency. (2) The Division shall counsel and interview such individuals as appropriate to assist in the positive identification of exposed individuals and develop information relating to the source and spread of the illness or health condition. Such information includes the name and address (including city and county) of any person from whom the illness or health condition may have been contracted and to whom the illness or health condition may have spread. (3) The Division may close, evacuate or decontaminate any facility or decontaminate or destroy any material when the Division reasonably believes that it is more likely than not that such facility or material may seriously endanger the public health. However, to the extent practicable and consistent with the protection of public health, prior to the destruction of any material pursuant to this paragraph, the Division shall institute appropriate civil proceedings against the material to be destroyed in accordance with the existing laws and rules of the Superior Court or any rules that may be developed by the Superior Court. Additionally, a person whose property is destroyed pursuant to this paragraph is entitled to seek compensation pursuant to the procedures and restrictions of § 3145 of Title 20. (4) An order of the Division given to effectuate the purposes of this section shall be enforceable immediately. (5) Whenever any agency of the State learns of a case of a reportable illness or health condition, an unusual cluster, or a suspicious event, it shall immediately notify the Division. (6) Whenever the Division learns of a case of a reportable illness or health condition, an unusual cluster, or a suspicious event that it reasonably believes has the potential to be caused by bioterrorism, it must immediately notify the public safety authority and federal health and public safety authorities. (7) Definitions from § 3132 of Title 20 shall apply to this section. 73 Del. Laws, c. 355, §  10 ; § 509 Vaccination for meningococcal disease. (a) The purpose of this section is to prevent the contraction and spread of bacterial meningococcal disease among students in postsecondary educational institutions. The intent of this section is that postsecondary educational institutions and students who wish to enroll in postsecondary educational institutions follow the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention in preventing meningococcal disease. (b) As used in this section, “campus housing” means any space, in a building, over which a postsecondary educational institution has control and is intended for postsecondary educational institution students, where group sleeping accommodations are provided in 1 room, or in a series of closely associated rooms, for persons not members of the same family group, including dormitories and sorority or fraternity houses. (c) This section applies to all of the following: (1) A postsecondary educational institution that has campus housing. (2) A student who has accepted admission and intends to enroll in a postsecondary educational institution that has campus housing. (d) A student who wishes to enroll in a post-secondary educational institution shall submit to the postsecondary educational institution documentation confirming that, within the 5 years prior to the date of enrollment, the student received vaccination against meningococcal disease. The student: (1) Shall submit the documentation prior to enrollment. (2) May submit the documentation in any of the following methods: a. As a written statement signed by the health-care professional who administered the vaccination. b. Within the medical records the student submits to the post-secondary educational institution for admission or enrollment purposes. c. In any other manner that the postsecondary educational institution requires. (e) A postsecondary educational institution shall deny enrollment to any student who has not received vaccination against meningococcal disease or been granted an exemption under subsection (f) of this section. (f) A student seeking an exemption from the requirements of subsection (d) of this section shall submit a written request for exemption to the postsecondary educational institution. A postsecondary educational institution: (1) May develop its own policies and procedures regarding requests for exemption, including under what circumstances the postsecondary educational institution will grant a student’s request for exemption. (2) Shall include in its policies and procedures under paragraph (f)(1) of this section the requirement that, if a student who submits a request for exemption is a minor, the student’s parent or guardian shall sign the request for exemption. (3) May develop its own policies and procedures to grant students additional time to submit vaccination documentation, as long as the policies and procedures require that the documentation is submitted within the first semester of enrollment. (g) A postsecondary educational institution shall: (1) Provide information about meningococcal disease to all students who have accepted admission, after the student has paid an initial deposit toward tuition. Such information shall include notice of both of the following: a. The availability and benefits of vaccination against meningococcal disease. b. The requirement under subsection (d) of this section that a student receive vaccination against meningococcal disease within 5 years prior to the student’s enrollment in the postsecondary educational institution. (2) Develop procedures for facilitating, receiving, and recording student responses to the information provided about meningococcal disease and the requirement for vaccination against meningococcal disease, including a student’s vaccination record. (3) Determine the appropriate office and position within the office of the postsecondary educational institution to receive, record, maintain, make determinations about, and notify students regarding the outcome of their requests for exemption. 73 Del. Laws, c. 72, §  1 ; 80 Del. Laws, c. 312, §  1 ; § 510 Immunizations containing mercury. (a) A vaccine containing mercury may not be made available to a medical provider in this State for administration to children under 8 years of age or to pregnant women, or to both. A vaccine containing mercury may not be administered to a child who is under 8 years of age or to a pregnant woman, or to both, notwithstanding the expiration date of the vaccine. (b) Subsection (a) of this section does not apply if: (1) The Director is informed by a person authorized to sell or to administer a vaccine that a mercury-free vaccine against a specific disease is not available to a child under 8 years of age or to a pregnant woman, or to both, in a medically necessary period of time, and the Director determines that an FDA-approved, mercury-free vaccine is not manufactured or cannot be obtained from other medical providers, manufacturers, distributors, agencies, jurisdictions, or by any other means within the medically necessary period of time; or (2) The Director determines that an emergency or epidemic exists necessitating the vaccination of groups of individuals within the State, including children under 8 years of age or pregnant women, or both, and an FDA-approved mercury-free vaccine is not manufactured, or the quantity is insufficient and additional mercury-free vaccine cannot be obtained from other medical providers, manufacturers, distributors, agencies, jurisdictions, or by any other means within the medically necessary period of time; or (3) The Director determines that a shortage of vaccine exists which could threaten the health of groups of individuals within the State, including children under 8 years of age or pregnant women, or both, and additional mercury-free vaccine cannot be obtained from other medical providers, manufacturers, distributors, agencies, jurisdictions, or by any other means within the medically necessary period of time. (c) A determination made pursuant to subsection (b) of this section is enforceable for a timeperiod specified by the Director. The Director shall rescind the timeperiod when the Director determines that a sufficient amount of the FDA-approved, mercury-free vaccine is available. (d) (1) If the Director determines that subsection (a) of this section does not apply pursuant to subsection (b) of this section, the Division shall report the determination within 72 hours by a posting on the Division of Public Health website. If paragraph (b)(1) of this section applies, the Division shall report the specific disease, the vaccine, the time-period for which the vaccine containing mercury is approved, and the number of individuals under 8 years of age or pregnant receiving the vaccine containing mercury. (2) If paragraph (b)(2) or (b)(3) of this section applies, the Division shall report the specific disease, the vaccine, and the timeperiod for which the vaccine containing mercury is approved. (3) The Division shall issue and disseminate for public review an annual report listing all determinations made pursuant to this section, without revealing the identity of any persons denied or given a vaccine. (e) A vaccine containing mercury may not be administered to a child under 8 years of age until a parent or legal guardian of the child has been informed by the person administering the vaccine that the vaccine contains mercury, that the person administering the vaccine believes the vaccine to be medically necessary, and that the Director of Public Health or the Director’s designee has made a formal determination that the vaccine may be administered due to the existence of any of the circumstances described in subsection (b) of this section. If the parent or legal guardian of a child cannot be reached in the period of time deemed medically necessary by the person administering the vaccine, the parent or guardian must be notified in writing at the earliest possible time that the vaccine administered contained mercury, that the person administering the vaccine believed the vaccine to be medically necessary, and that the Director of Public Health or the Director’s designee made a formal determination that the vaccine may be administered due to the existence of any of the circumstances described in subsection (b) of this section. (f) A vaccine containing mercury may not be administered to a pregnant woman until she has been informed by the person administering the vaccine that it contains mercury, that the person administering the vaccine believes the vaccine to be medically necessary, and that the Director of Public Health or the Director’s designee has made a formal determination that the vaccine may be administered due to the existence of any of the circumstances described in subsection (b) of this section. 75 Del. Laws, c. 144, §§  1-3 ; 70 Del. Laws, c. 186, §  1 ; 76 Del. Laws, c. 132, §  1 ; 76 Del. Laws, c. 229, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 520 Definitions. As used in this title, unless otherwise provided or the context requires a different meaning: (1) “County Public Health Administrator” means the Division of Public Health employee responsible for managing the operations of all public health programs within an assigned county. (2) “Designated transport personnel” means such personnel as designated by the Director to transport persons with tuberculosis to and from treatment and/or detention facilities, and other sites as ordered by the Director. (3) “Directly Observed Therapy (DOT)” means treatment in which health care providers or other designated persons observe patients ingesting anti-TB medications. (4) “Director” means the Director of the Division of Public Health, or such persons as may be designated by the Director. (5) “Division” means the Division of Public Health or its authorized representatives, which includes therein all of the responsibilities afforded the State Board of Health as it appears elsewhere in this title. (6) “Peace officer” means any public officer authorized by law to make arrests in a criminal case. (7) “Tuberculosis (TB)” means a disease caused by Mycobacterium tuberculosis that is in the active stage as demonstrated by clinical, bacteriologic and/or radiographic evidence. Such persons who have not completed a course of anti-TB treatment are considered to have active TB and might be infectious. (8) “Voluntary treatment” means a person voluntarily taking medications as prescribed and following the recommendations of the attending physician or the Division for the management of tuberculosis. 69 Del. Laws, c. 305, §  1 ; § 521 Reporting by health-care providers. (a) Physicians, pharmacists, nurses, hospital administrators, medical examiners, morticians, laboratory administrators and others who provide health-care services to persons with tuberculosis or suspected tuberculosis shall report the following to the Division within 2 working days of its occurrence: (1) Confirmed or suspected tuberculosis; (2) The results for any person whose sputa, gastric contents or other specimens submitted for examination reveal the presence of tubercle bacilli; (3) The occurrence of drug-resistant tuberculosis, even if the confirmed or suspected tuberculosis had been previously reported; (4) Persons with tuberculosis who have demonstrated an inability to or an unwillingness to adhere to a prescribed treatment regimen, who refuse medication or who show other evidence of not taking medications as prescribed. (b) Physicians, pharmacists, nurses, hospital administrators, medical examiners, morticians, laboratory administrators and others who provide health-care services to tuberculosis patients shall make their records available to the inspection of the Division when so requested in order to carry out the provisions of this title. 69 Del. Laws, c. 305, §  1 ; § 522 Division investigates reported cases of tuberculosis. Whenever the Division shall discover, as a result of its own investigation or as a result of any report required by this chapter that any person may have tuberculosis, the Division shall investigate or further investigate the circumstances and if, after investigation, the Division is of the opinion that a case of tuberculosis has been found, the Division shall interview, or cause to be interviewed, said person in order to investigate the source and spread of the disease and in order to require said person to submit to examination and treatment as necessary. The Division shall keep record of all interventions with said persons. 69 Del. Laws, c. 305, §  1 ; § 523 Voluntary treatment. Whenever the Division shall discover as a result of its own investigation or as a result of any report required by this chapter that any person has tuberculosis, the Division shall encourage the person to take voluntary treatment to meet the minimum requirements prescribed by the Division. 69 Del. Laws, c. 305, §  1 ; § 524 Public health power to examine and order treatment [Effective until July 17, 2028]. (a) Subject to the provisions of § 526 of this title, a person with tuberculosis or a person reasonably suspected of being diseased with or exposed to tuberculosis shall report for a complete examination or treatment, as appropriate, to a physician licensed under Title 24, or shall submit to an examination or treatment, as appropriate, at a public health facility. When a person has been diagnosed as having tuberculosis or has been determined to have been exposed to tuberculosis, said person shall continue to be prescribed treatment until such time as that treatment is no longer required as determined by the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division. (b) Subject to the provisions of § 526 of this title, the Division shall examine or cause to be examined, or treat or cause to be treated, any person who will not respond to voluntary treatment for tuberculosis. The County Public Health Administrator shall go before the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, for an order for involuntary examination and/or treatment of said person. 69 Del. Laws, c. 305, §  1 ; 84 Del. Laws, c. 92, § 1 ; § 524 Public health power to examine and order treatment [Effective July 17, 2028]. (a) Subject to the provisions of § 526 of this title, a person with tuberculosis or a person reasonably suspected of being diseased with or exposed to tuberculosis shall report for a complete examination or treatment, as appropriate, to a physician licensed under Title 24, or shall submit to an examination or treatment, as appropriate, at a public health facility. When a person has been diagnosed as having tuberculosis or has been determined to have been exposed to tuberculosis, said person shall continue to be prescribed treatment until such time as that treatment is no longer required as determined by the Director. (b) Subject to the provisions of § 526 of this title, the Division shall examine or cause to be examined, or treat or cause to be treated, any person who will not respond to voluntary treatment for tuberculosis. The County Public Health Administrator shall go before the Director for a Director’s order for involuntary examination and/or treatment of said person. 69 Del. Laws, c. 305, §  1 ; 84 Del. Laws, c. 92, § 1 ; 84 Del. Laws, c. 92, § 9 ; § 525 Types of involuntary treatment: Outpatient examination and treatment, directly observed therapy, hospitalization and residential isolation [Effective until July 17, 2028]. (a) Subject to the provisions of § 526 of this title, the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall order, as medically appropriate, a person with tuberculosis to undergo outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the general public in the home, as a result of the threat of harm to the person and the probable spread of tuberculosis, until such time as the disease is cured or the risk of infection to the general public is eliminated or reduced in such a manner that a substantial threat to the public’s health and welfare no longer exists. (b) Subject to the provisions of § 526 of this title, a person who is infected with tuberculosis but is not infectious to others, and is a danger to oneself by resistance to treatment, and who refuses to adhere to a treatment regimen or to complete treatment, may be ordered by the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, to undergo outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the general public in the home, as a result of the increased risk that said persons will develop drug-resistant tuberculosis, which may pose a serious threat to the person and the general public. 69 Del. Laws, c. 305, §  1 ; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 92, § 1 ; § 525 Types of involuntary treatment: Outpatient examination and treatment, directly observed therapy, hospitalization and residential isolation [Effective July 17, 2028]. (a) Subject to the provisions of § 526 of this title, the Director shall order, as medically appropriate, a person with tuberculosis to undergo outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the general public in the home, as a result of the threat of harm to the person and the probable spread of tuberculosis, until such time as the disease is cured or the risk of infection to the general public is eliminated or reduced in such a manner that a substantial threat to the public’s health and welfare no longer exists. (b) Subject to the provisions of § 526 of this title, a person who is infected with tuberculosis but is not infectious to others, and is a danger to oneself by resistance to treatment, and who refuses to adhere to a treatment regimen or to complete treatment, may be ordered by the Director to undergo outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the general public in the home, as a result of the increased risk that said persons will develop drug-resistant tuberculosis, which may pose a serious threat to the person and the general public. 69 Del. Laws, c. 305, §  1 ; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 92, § 1 ; 84 Del. Laws, c. 92, § 9 ; § 526 Conditions under which orders can be issued by Director [Effective until July 17, 2028]. (a) No person may be ordered to undergo outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the general public in the home, except upon the order of the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, following a hearing where it is proven by clear and convincing evidence: (1) That there is a danger to the health of the person or that the public health and welfare are substantially endangered by the person; (2) That the person has been counseled about tuberculosis, the significant threat tuberculosis poses to the public and methods to minimize the risk to the public, and, despite said counseling, indicates an intent by words or action to endanger oneself and/or expose the public to infection from tuberculosis; and (3) That all other reasonable means of achieving voluntary compliance with the treatment have been exhausted and no less restrictive alternative exists. (b) The hearing required under subsection (a) of this section shall provide the person with the rights to present evidence, to cross-examine witnesses and to be represented by legal counsel. If the person is unable to employ counsel, the Division shall petition the Superior Court to forthwith appoint legal counsel for representation in proceedings authorized by this subchapter. Further, the person shall be given at least 5 working days prior written notification of the time and place of hearing, a copy of documentary evidence to be presented, a list of the proposed actions to be taken and the reasons for each said action; and shall be given a verbatim transcript of the hearing on request for appeal purposes. (c) The Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall order isolation in an alternative facility, if in that person’s judgment isolation in the person’s usual residence is inappropriate because of the possible infection of other persons living in or around that residence. (d) The Division, as appropriate, shall consult with legal counsel, designated transport personnel and peace officers concerning any necessary infection control procedures to be taken during any interviews, hearings, transports or detention. (e) An order requiring outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the public in the home shall be maintained until, in the opinion of the attending physician or the County Public Health Administrator, the person is cured or said person is no longer a substantial threat to oneself or to the public health. Once the County Public Health Administrator finds the person no longer needs treatment, the County Public Health Administrator will petition the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, to dismiss the order. Once the matter is dismissed, said order cannot be reinstated unless the person is afforded all of the rights conferred in subsection (a) of this section. (f) Any person who undergoes outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the public in the home, or confinement, as a result of an order entered under this subchapter, may at any time petition the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, for immediate release and termination of the order. (g) Any person petitioning the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, for immediate release and termination of the order entered under the authority of this subchapter shall show that the person is entitled to relief from the original order, or that: (1) The person no longer poses an imminent and substantial threat to oneself or the public’s health and welfare; and (2) The person will voluntarily continue with prescribed medications and treatment, if medically necessary, to reduce the risk of infection to the public. (h) When considering a petition for imminent and substantial threat and prior to making any said release, the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall consult the County Public Health Administrator and the patient’s physician, if any, concerning the patient’s medical condition and other related factors that may affect the present and future danger to the patient or the public that may be caused by the release of the patient. (i) Upon granting a petition for immediate release, the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall advise the County Public Health Administrator and other persons as may be appropriate about those conditions they believe reasonably necessary to protect the patient or public from tuberculosis infection and disease. (j) The Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall, for a period not exceeding 3 months, review the patient’s medical status provided by written report of the health care provider and determine whether a further hearing should be held for additional involuntary treatment within 14 working days of receipt of a written report of the medical status, and all rights pursuant to § 526(b) of this title will apply. (k) No peace officer, public health employee or medical doctor shall be subject to civil damages or criminal penalties for any harm resulting from that person’s functions under this section unless such harm was intentional or the result of wilful and wanton misconduct on the person’s part. 69 Del. Laws, c. 305, §  1 ; 70 Del Laws, c. 186,, §  1; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 92, § 1 ; § 526 Conditions under which orders can be issued by Director [Effective July 17, 2028]. (a) No person may be ordered to undergo outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the general public in the home, except upon the order of the Director following a hearing where it is proven by clear and convincing evidence: (1) That there is a danger to the health of the person or that the public health and welfare are substantially endangered by the person; (2) That the person has been counseled about tuberculosis, the significant threat tuberculosis poses to the public and methods to minimize the risk to the public, and, despite said counseling, indicates an intent by words or action to endanger oneself and/or expose the public to infection from tuberculosis; and (3) That all other reasonable means of achieving voluntary compliance with the treatment have been exhausted and no less restrictive alternative exists. (b) The hearing required under subsection (a) of this section shall provide the person with the rights to present evidence, to cross-examine witnesses and to be represented by legal counsel. If the person is unable to employ counsel, the Division shall petition the Superior Court to forthwith appoint legal counsel for representation in proceedings authorized by this subchapter. Further, the person shall be given at least 5 working days prior written notification of the time and place of hearing, a copy of documentary evidence to be presented, a list of the proposed actions to be taken and the reasons for each said action; and shall be given a verbatim transcript of the hearing on request for appeal purposes. (c) The Director shall order isolation in an alternative facility, if in the Director’s judgment isolation in the person’s usual residence is inappropriate because of the possible infection of other persons living in or around that residence. (d) The Division, as appropriate, shall consult with legal counsel, designated transport personnel and peace officers concerning any necessary infection control procedures to be taken during any interviews, hearings, transports or detention. (e) An order requiring outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the public in the home shall be maintained until, in the opinion of the attending physician or the County Public Health Administrator, the person is cured or said person is no longer a substantial threat to oneself or to the public health. Once the County Public Health Administrator finds the person no longer needs treatment, the County Public Health Administrator will petition the Director to dismiss the order. Once the matter is dismissed, said order cannot be reinstated unless the person is afforded all of the rights conferred in subsection (a) of this section. (f) Any person who undergoes outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the public in the home, or confinement, as a result of an order entered under this subchapter, may at any time petition the Director for immediate release and termination of the order. (g) Any person petitioning the Director for immediate release and termination of the order entered under the authority of this subchapter shall show that the person is entitled to relief from the original order, or that: (1) The person no longer poses an imminent and substantial threat to oneself or the public’s health and welfare; and (2) The person will voluntarily continue with prescribed medications and treatment, if medically necessary, to reduce the risk of infection to the public. (h) When considering a petition for imminent and substantial threat and prior to making any said release, the Director shall consult the County Public Health Administrator and the patient’s physician, if any, concerning the patient’s medical condition and other related factors that may affect the present and future danger to the patient or the public that may be caused by the release of the patient. (i) Upon granting a petition for immediate release, the Director shall advise the County Public Health Administrator and other persons as may be appropriate about those conditions the Director believes reasonably necessary to protect the patient or public from tuberculosis infection and disease. (j) The Director shall, for a period not exceeding 3 months, review the patient’s medical status provided to the Directorby written report of the health care provider and determine whether a further hearing should be held for additional involuntary treatment within 14 working days of receipt of a written report of the medical status, and all rights pursuant to § 526(b) of this title will apply. (k) No peace officer, public health employee or medical doctor shall be subject to civil damages or criminal penalties for any harm resulting from that person’s functions under this section unless such harm was intentional or the result of wilful and wanton misconduct on the person’s part. 69 Del. Laws, c. 305, §  1 ; 70 Del Laws, c. 186,, §  1; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 92, § 1 ; 84 Del. Laws, c. 92, § 9 ; § 527 Order for emergency treatment [Effective until July 17, 2028]. (a) The County Public Health Administrator shall file a petition before the Division requesting that emergency treatment be ordered for a person infected with, or reasonably suspected of having, tuberculosis when the County Public Health Administrator has clear and convincing evidence, documented as facts in the petition, that: (1) The person has tuberculosis or is reasonably suspected of having tuberculosis; (2) The person poses an imminent and substantial threat to that person’s own self or the public health and welfare; and (3) The person is unable, for whatever reason, to sufficiently protect that person’s own health or that of the public or there is evidence that a person will act in such a way as to recklessly disregard the person’s own health or the public’s health; and (4) The person is not likely to appear at a hearing scheduled pursuant to § 526 of this title; or (5) The person provides evidence by words or action that the person is likely to leave the jurisdiction prior to the hearing date; or (6) The person is likely to continue to expose the public to the risk of tuberculosis and, therefore, a hearing pursuant to § 526 of this title does not protect the public. (b) No emergency treatment order shall be issued unless the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, finds that: (1) The County Public Health Administrator has also requested in the emergency treatment petition a hearing pursuant to § 526 of this subchapter, as well as its subparts, to consider the examination, treatment or placement of the person with tuberculosis or reasonably suspected to have tuberculosis, providing all due process rights as stated in § 526 of this title; (2) The County Public Health Administrator presents clear and convincing evidence that a substantial threat to the person or the public’s health and welfare exists unless the emergency treatment order is issued; (3) The County Public Health Administrator has no other reasonable alternative means of reducing the threat to the individual or public’s health and welfare. (c) When issuing an emergency treatment order, the Division shall direct a peace officer or other designated transport personnel to immediately transport the person with tuberculosis as so ordered by the Director, or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division. The peace officer shall take into custody and isolate the person in such a manner as required by the Director. The Division will notify the peace officer or other designated transport personnel concerning any necessary infection control procedures to be taken. (d) In no case shall an emergency treatment order continue for more than 5 working days. 69 Del. Laws, c. 305, §  1 ; 70 Del Laws, c. 186,, §  1; 84 Del. Laws, c. 92, § 1 ; § 527 Order for emergency treatment [Effective July 17, 2028]. (a) The County Public Health Administrator shall file a petition before the Director requesting that emergency treatment be ordered for a person infected with, or reasonably suspected of having, tuberculosis when the County Public Health Administrator has clear and convincing evidence, documented as facts in the petition, that: (1) The person has tuberculosis or is reasonably suspected of having tuberculosis; (2) The person poses an imminent and substantial threat to that person’s own self or the public health and welfare; and (3) The person is unable, for whatever reason, to sufficiently protect that person’s own health or that of the public or there is evidence that a person will act in such a way as to recklessly disregard the person’s own health or the public’s health; and (4) The person is not likely to appear at a hearing scheduled pursuant to § 526 of this title; or (5) The person provides evidence by words or action that the person is likely to leave the jurisdiction prior to the hearing date; or (6) The person is likely to continue to expose the public to the risk of tuberculosis and, therefore, a hearing pursuant to § 526 of this title does not protect the public. (b) No emergency treatment order shall be issued unless the Director finds that: (1) The County Public Health Administrator has also requested in the emergency treatment petition a hearing pursuant to § 526 of this title, as well as its subparts, to consider the examination, treatment or placement of the person with tuberculosis or reasonably suspected to have tuberculosis, providing all due process rights as stated in § 526 of this title; (2) The County Public Health Administrator presents clear and convincing evidence that a substantial threat to the person or the public’s health and welfare exists unless the emergency treatment order is issued; (3) The County Public Health Administrator has no other reasonable alternative means of reducing the threat to the individual or public’s health and welfare. (c) When issuing an emergency treatment order, the Director shall direct a peace officer or other designated transport personnel to immediately transport the person with tuberculosis as so ordered by the Director. The peace officer shall take into custody and isolate the person in such a manner as required by the Director. The Division will notify the peace officer or other designated transport personnel concerning any necessary infection control procedures to be taken. (d) In no case shall an emergency treatment order continue for more than 5 working days. 69 Del. Laws, c. 305, §  1 ; 70 Del Laws, c. 186,, §  1; 84 Del. Laws, c. 92, § 1 ; 84 Del. Laws, c. 92, § 9 ; § 528 Service of notice and processes; duties of the peace officer [Effective until July 17, 2028]. (a) All notices required to be given, warrants, petitions, processes issued and orders entered pursuant to this subchapter shall be served by a peace officer of proper jurisdiction. (b) The Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, in ordering directly observed therapy, hospitalization or isolation pursuant to this subchapter, shall when necessary direct the peace officer to take the person into their custody and immediately deliver them to the director of the facility named on the order. The Division shall consult with the peace officer concerning any necessary infection control procedures to be taken. 69 Del. Laws, c. 305, §  1 ; 84 Del. Laws, c. 92, § 1 ; § 528 Service of notice and processes; duties of the peace officer [Effective July 17, 2028]. (a) All notices required to be given, warrants, petitions, processes issued and orders entered pursuant to this subchapter shall be served by a peace officer of proper jurisdiction. (b) The Director, in ordering directly observed therapy, hospitalization or isolation pursuant to this subchapter, shall when necessary direct the peace officer to take the person into their custody and immediately deliver them to the director of the facility named on the order. The Division shall consult with the peace officer concerning any necessary infection control procedures to be taken. 69 Del. Laws, c. 305, §  1 ; 84 Del. Laws, c. 92, § 1 ; 84 Del. Laws, c. 92, § 9 ; § 529 Right to appeal. Any person who is aggrieved by the entry of an order pursuant to this subchapter shall have 15 days within which to appeal the order to Superior Court. The Court shall convene a hearing as soon as practicable, but no later than 15 working days from the filing of the appeal. The Court shall receive the records of the administrative hearing, hear additional evidence at the request of either party and conduct a de novo review of the order. An appeal does not stay treatment. 69 Del. Laws, c. 305, §  1 ; § 530 Exercise of religious freedom. Nothing in this subchapter shall be construed to authorize or empower the medical treatment of any person who desires treatment by prayer or spiritual means, in the exercise of religious freedom; provided however, that said person shall be isolated or quarantined, or both, at the patient’s expense, and while so quarantined or so isolated, or both, shall comply with all applicable sanitary rules, laws and regulations. 69 Del. Laws, c. 305, §  1 ; § 531 Confidentiality. All information held by the Division relating to known or suspected cases of tuberculosis or exposure to tuberculosis shall be strictly confidential. Said information shall not be released or made public upon subpoena or otherwise, except that release may be made under the following circumstances: (1) Release is made of medical or epidemiological information for statistical purposes so that no person can be identified; or (2) Release is made of medical or epidemiological information with the consent of all persons identified in the information released; or (3) Release is made of medical or epidemiological information to medical personnel, appropriate state agencies or state courts to the extent required to enforce the provisions of this chapter and related rules and regulations concerning the control and treatment of tuberculosis; or (4) Release is made of medical or epidemiological information to medical personnel in a medical emergency to the extent necessary to protect the health or life of the named party or group of persons; or (5) Release is made during the course of civil or criminal litigation to a person allowed access to said records by a court order which is issued in compliance with the following provisions: a. No court of this State shall issue such order unless the court finds that the person seeking the records and information has demonstrated a compelling need for such records which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the need for disclosure against the privacy interest of the subject and the public interest which may be disserved by disclosure which deters future testing and treatment or which may lead to discrimination. b. Pleadings pertaining to disclosure of such records shall substitute a pseudonym for the true name of the subject of the records. The disclosure to the parties of the subject’s true name shall be communicated confidentially, in documents not filed with the court. c. Before granting any such order, the court shall provide the subject whose records are in question with notice and a reasonable opportunity to participate in the proceedings if the subject is not already a party. d. Court proceedings as to disclosure of such records shall be conducted in camera unless the subject agrees to a hearing in open court or unless the court determines that a public hearing is necessary to the public interest and the proper administration of justice. e. Upon issuance of an order to disclose such records, the court shall impose appropriate safeguards against unauthorized disclosure, which shall specify the persons who may have access to the information, the purposes for which the information shall be used and appropriate prohibition on future disclosures. 69 Del. Laws, c. 305, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 532 Health emergencies. The provisions of this subchapter are subject to the provisions of Title 20. Provisions of Title 20 which conflict with provisions of this subchapter shall take precedence over this subchapter. 73 Del. Laws, c. 355, §  11 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } }