Chapter 79

§ 7901 Establishment of Department of Health and Social Services. A Department of Health and Social Services is established. 29 Del. C. 1953, §  7901; 57 Del. Laws, c. 301, §  1 ; § 7902 Secretary; Deputy Secretary; division directors; Acting Secretary; appointment. (a) The administrator and head of the Department is the Secretary of the Department of Health and Social Services (“Secretary”), who must be a person qualified by training and experience to perform the duties of the office. (1) The Secretary is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution. (2) The Secretary is to be paid an annual salary as determined by the General Assembly in the annual appropriations act. (3) The Secretary must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution. (b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position of Deputy Secretary if vacant. A Deputy Secretary so appointed shall serve at the pleasure of the Governor and upon the position of Secretary being filled such Deputy Secretary may be removed from office by the Secretary with the written approval of the Governor. (c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the Deputy Secretary or the director of any division of the Department to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary or the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is duly qualified and appointed. 29 Del. C. 1953, §  7902; 57 Del. Laws, c. 301, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 140, §  1 ; 73 Del. Laws, c. 68, §§  1-3 ; 84 Del. Laws, c. 278, § 1 ; 84 Del. Laws, c. 455, § 5 ; 85 Del. Laws, c. 43, § 1 ; § 7903 Powers, duties and functions of the Secretary [Effective until July 17, 2028]. The Secretary may: (1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees; (2) Appoint and fix the salary, with the written approval of the Governor, of the Deputy Secretary and the following division directors and office heads, who may be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary: a. A Director of the Division of Public Health, who shall be known as the Director of Public Health, and who shall be someone qualified by training, education, experience, or ability to perform the duties of Director; b. A Director of the Division of Substance Abuse and Mental Health, who shall be known as the Director of Mental Health, and who shall be qualified by appropriate formal education in a field such as psychiatric medicine, psychiatric nursing, clinical psychology or psychiatric social work directly related to the care and treatment of persons with mental or emotional conditions, by direct experience in the care and treatment of persons with mental or emotional conditions and by demonstrated administrative competence; c. A Director of the Division of Social Services, who shall be known as the Director of Social Services, and who shall be qualified by education, ability and experience in the administration of social work or services; d. An administrator and head of the Division of Business Administration and General Services who shall be known as the Chief of Business Administration and General Services and who shall be a person qualified by training and experience to perform the duties of the division; e. An administrator and head of the Division of Planning, Research and Evaluation who shall be known as the Chief of Planning, Research and Evaluation and who shall be a person qualified by training and experience to perform the duties of the division; f. A Director of the Division of Child Support Services, who shall be someone qualified by training, education, experience or ability to perform the duties of Director; g. A Director of the Division of Services for Aging and Adults with Physical Disabilities, who shall be someone qualified by training, education, experience or ability to perform the duties of Director; h. A Director of the Division of State Service Centers, who shall be someone qualified by training, education, experience or ability to perform the duties of Director; i. A Director of the Division of Health Care Quality, who shall be someone qualified by training, education, experience or ability to perform the duties of Director; (3) Appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law; (4) Establish a Division of Business Administration and General Services in order to administer and coordinate the record keeping, transportation, fiscal affairs, data processing, statistics, accounting, personnel and such other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department and to coordinate such general services and business administration with other departments, agencies and offices of the government of this State; (5) Establish a Division of Planning, Research and Evaluation in order to provide for and carry out the future comprehensive planning of the programs, policies and operations of the Department and the evaluation, necessary research, data collection and analysis of the programs, policies and operations of the Department; (6) Establish, consolidate, abolish, transfer or combine the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, providing that all powers, duties and functions required by law shall be provided for and maintained; (7) Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable, in the performance of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of this title; (8) Delegate any of the Secretary’s powers, duties or functions to a director of a division, except the Secretary’s power to remove employees of the Department or to fix their compensation; (9) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State; a. The Secretary shall, in cooperation with the appropriate division directors and office heads, adopt regulations which require dementia specific training each year for persons who are certified, licensed, or registered by the State, and/or who are partially or fully funded by the State, to provide direct healthcare services to persons diagnosed as having Alzheimer’s disease or other forms of dementia. The mandatory training must include the following topics: 1. Communicating with persons diagnosed as having Alzheimer’s disease or other forms of dementia; 2. The psychological, social, and physical needs of those persons; and 3. Safety measures which need to be taken with those persons. The mandatory training required under this paragraph applies only to those health-care providers who must participate in continuing education programs; b. The provisions of paragraph (9)a. of this section do not apply to persons certified to practice medicine under the Medical Practice Act, Chapter 17 of Title 24 or first responders including police officers, firefighters and emergency medical technicians. (10) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department; (11) Adopt an official seal or seals for the Department; (12) The Secretary in cooperation with the division directors shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitations of the annual appropriation and any other funds appropriated by the General Assembly. Special funds may be used in accordance with approved programs, grants and appropriations; (13) The Secretary shall be the successor to the State Board of Health exercising the powers and duties granted the Board by Title 16 or § 7904 of this title, which are not inconsistent with the laws of this State; (14) The Secretary is empowered to administer a state revolving loan program in accordance with requirements set forth in the Federal Safe Drinking Water Act [42 U.S.C. § 300f et seq.]. a. Delaware Safe Drinking Water Revolving Fund. — There is hereby established a “Delaware Safe Drinking Water Revolving Fund” as contemplated by and to be administered pursuant to the Federal Safe Drinking Water Act. All federal capitalization grants received pursuant to the Federal Safe Drinking Water Act, all required matching state funds, and all loan repayments received by the State pursuant to any loan agreement made under the Delaware Safe Drinking Water Revolving Fund shall be credited to the Delaware Safe Drinking Water Revolving Fund. In addition, all proceeds of obligations issued by the State and supported by a pledge or other interest in the funds in the Delaware Safe Drinking Water Revolving Fund shall be held in or for such fund. The Delaware Safe Drinking Water Revolving Fund shall be deemed to be a special fund and shall be approved by the Governor for the following purposes: 1. To accept and retain the funds and revenues specified herein; 2. To make loans to eligible persons for qualifying purposes under the Federal Safe Drinking Water Act; 3. To buy or refinance debt obligations of eligible persons for qualifying purposes under the Federal Safe Drinking Water Act; 4. To guarantee or purchase insurance for obligations of eligible persons for qualifying purposes under the Safe Drinking Water Act; 5. To be a source of revenue or security for the payment of principal and interest on revenue bonds of the State if the proceeds of the sale of such bonds will be deposited in the Delaware Safe Drinking Water Revolving Fund; 6. To earn interest on amounts on deposit in such fund; 7. To establish all necessary interest bearing accounts for deposit of loan repayments; 8. To finance the reasonable costs incurred by the State in the administration of the Delaware Safe Drinking Water Revolving Fund as permitted under the Federal Safe Drinking Water Act; and 9. To accomplish any other allowable purpose under the Federal Safe Drinking Water Act. The Department is designated as the administering agency of the Delaware Safe Drinking Water Revolving Fund and shall have such power necessary to administer such fund including, but not limited to, the power to enter into capitalization grant agreements with the Environmental Protection Agency, the power to accept capitalization grant awards made under the Federal Safe Drinking Water Act and the power to make loans in accordance with the requirements of the Federal Safe Drinking Water Act, and Chapter 61 of this title, or any successor statute. The Department shall coordinate implementation of the Delaware Safe Drinking Water Revolving Fund with the Delaware Department of Natural Resources and Environmental Control which shall be responsible for financial administration of the loan portion of the Drinking Water State Revolving Fund. The Department shall take all actions necessary to secure for the State the benefits of the Federal Safe Drinking Water Act. b. Standards and procedures. — Before making any loan from the Delaware Safe Drinking Water Revolving Fund, the Department shall specify: 1. Standards for the eligibility of borrowers and the type of projects to be financed with loans; 2. Procedures for the preparation, review and approval of the “project priority” list, which must contain those projects for which financial assistance is sought; 3. Procedures for submitting applications for financial assistance and procedures for Department approval of such applications; 4. Procedures for completing an environmental review of projects otherwise qualifying under this paragraph which shall be sufficiently consistent with the provisions for environmental review established under applicable state and federal requirements; 5. Conditions for financial assistance; and 6. Other relevant criteria, standards and procedures. Standards and procedures specified under this paragraph shall provide for final recommendations by the Water Infrastructure Advisory Council of any loan from the Delaware Safe Drinking Water Revolving Fund and the “project priority” list as required by Chapter 61 of this title, or any successor statute. 29 Del. C. 1953, §  7903; 57 Del. Laws, c. 301, §  1 ; 57 Del. Laws, c. 591, §  58 ; 59 Del. Laws, c. 136, §  1 ; 59 Del. Laws, c. 273, §  1 ; 60 Del. Laws, c. 251, §  1 ; 61 Del. Laws, c. 274, §  1 ; 62 Del. Laws, c. 68, §  116 ; 62 Del. Laws, c. 86, §  11 ; 64 Del. Laws, c. 467, §  1 ; 65 Del. Laws, c. 89, §  2 ; 69 Del. Laws, c. 345, §  1 ; 70 Del. Laws, c. 149, §  220 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 212, §  1 ; 71 Del. Laws, c. 290, §  3 ; 71 Del. Laws, c. 486, §  3 ; 71 Del. Laws, c. 489, §  1 ; 73 Del. Laws, c. 41, §  1 ; 73 Del. Laws, c. 68, §  4 ; 77 Del. Laws, c. 246, §  1 ; 78 Del. Laws, c. 179, §§  313, 314 ; 79 Del. Laws, c. 48, §  3 ; 79 Del. Laws, c. 265, §  2 ; 80 Del. Laws, c. 234, §  26 ; 81 Del. Laws, c. 209, § 11 ; 84 Del. Laws, c. 92, § 8 ; § 7903 Powers, duties and functions of the Secretary [Effective July 17, 2028]. The Secretary may: (1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees; (2) Appoint and fix the salary, with the written approval of the Governor, of the Deputy Secretary and the following division directors and office heads, who may be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary: a. A Director of the Division of Public Health, who shall be known as the Director of Public Health, and who shall be a licensed physician who shall have had at least 1 year of postgraduate training in public health, or in lieu thereof at least 5 years of experience as a full-time health official; b. A Director of the Division of Substance Abuse and Mental Health, who shall be known as the Director of Mental Health, and who shall be qualified by appropriate formal education in a field such as psychiatric medicine, psychiatric nursing, clinical psychology or psychiatric social work directly related to the care and treatment of persons with mental or emotional conditions, by direct experience in the care and treatment of persons with mental or emotional conditions and by demonstrated administrative competence; c. A Director of the Division of Social Services, who shall be known as the Director of Social Services, and who shall be qualified by education, ability and experience in the administration of social work or services; d. An administrator and head of the Division of Business Administration and General Services who shall be known as the Chief of Business Administration and General Services and who shall be a person qualified by training and experience to perform the duties of the division; e. An administrator and head of the Division of Planning, Research and Evaluation who shall be known as the Chief of Planning, Research and Evaluation and who shall be a person qualified by training and experience to perform the duties of the division; f. A Director of the Division of Child Support Services, who shall be someone qualified by training, education, experience or ability to perform the duties of Director; g. A Director of the Division of Services for Aging and Adults with Physical Disabilities, who shall be someone qualified by training, education, experience or ability to perform the duties of Director; h. A Director of the Division of State Service Centers, who shall be someone qualified by training, education, experience or ability to perform the duties of Director; i. A Director of the Division of Health Care Quality, who shall be someone qualified by training, education, experience or ability to perform the duties of Director; (3) Appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law; (4) Establish a Division of Business Administration and General Services in order to administer and coordinate the record keeping, transportation, fiscal affairs, data processing, statistics, accounting, personnel and such other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department and to coordinate such general services and business administration with other departments, agencies and offices of the government of this State; (5) Establish a Division of Planning, Research and Evaluation in order to provide for and carry out the future comprehensive planning of the programs, policies and operations of the Department and the evaluation, necessary research, data collection and analysis of the programs, policies and operations of the Department; (6) Establish, consolidate, abolish, transfer or combine the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, providing that all powers, duties and functions required by law shall be provided for and maintained; (7) Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable, in the performance of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of this title; (8) Delegate any of the Secretary’s powers, duties or functions to a director of a division, except the Secretary’s power to remove employees of the Department or to fix their compensation; (9) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State; a. The Secretary shall, in cooperation with the appropriate division directors and office heads, adopt regulations which require dementia specific training each year for persons who are certified, licensed, or registered by the State, and/or who are partially or fully funded by the State, to provide direct healthcare services to persons diagnosed as having Alzheimer’s disease or other forms of dementia. The mandatory training must include the following topics: 1. Communicating with persons diagnosed as having Alzheimer’s disease or other forms of dementia; 2. The psychological, social, and physical needs of those persons; and 3. Safety measures which need to be taken with those persons. The mandatory training required under this paragraph applies only to those health-care providers who must participate in continuing education programs; b. The provisions of paragraph (9)a. of this section do not apply to persons certified to practice medicine under the Medical Practice Act, Chapter 17 of Title 24 or first responders including police officers, firefighters and emergency medical technicians. (10) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department; (11) Adopt an official seal or seals for the Department; (12) The Secretary in cooperation with the division directors shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitations of the annual appropriation and any other funds appropriated by the General Assembly. Special funds may be used in accordance with approved programs, grants and appropriations; (13) The Secretary shall be the successor to the State Board of Health exercising the powers and duties granted the Board by Title 16 or § 7904 of this title, which are not inconsistent with the laws of this State; (14) The Secretary is empowered to administer a state revolving loan program in accordance with requirements set forth in the Federal Safe Drinking Water Act [42 U.S.C. § 300f et seq.]. a. Delaware Safe Drinking Water Revolving Fund. — There is hereby established a “Delaware Safe Drinking Water Revolving Fund” as contemplated by and to be administered pursuant to the Federal Safe Drinking Water Act. All federal capitalization grants received pursuant to the Federal Safe Drinking Water Act, all required matching state funds, and all loan repayments received by the State pursuant to any loan agreement made under the Delaware Safe Drinking Water Revolving Fund shall be credited to the Delaware Safe Drinking Water Revolving Fund. In addition, all proceeds of obligations issued by the State and supported by a pledge or other interest in the funds in the Delaware Safe Drinking Water Revolving Fund shall be held in or for such fund. The Delaware Safe Drinking Water Revolving Fund shall be deemed to be a special fund and shall be approved by the Governor for the following purposes: 1. To accept and retain the funds and revenues specified herein; 2. To make loans to eligible persons for qualifying purposes under the Federal Safe Drinking Water Act; 3. To buy or refinance debt obligations of eligible persons for qualifying purposes under the Federal Safe Drinking Water Act; 4. To guarantee or purchase insurance for obligations of eligible persons for qualifying purposes under the Safe Drinking Water Act; 5. To be a source of revenue or security for the payment of principal and interest on revenue bonds of the State if the proceeds of the sale of such bonds will be deposited in the Delaware Safe Drinking Water Revolving Fund; 6. To earn interest on amounts on deposit in such fund; 7. To establish all necessary interest bearing accounts for deposit of loan repayments; 8. To finance the reasonable costs incurred by the State in the administration of the Delaware Safe Drinking Water Revolving Fund as permitted under the Federal Safe Drinking Water Act; and 9. To accomplish any other allowable purpose under the Federal Safe Drinking Water Act. The Department is designated as the administering agency of the Delaware Safe Drinking Water Revolving Fund and shall have such power necessary to administer such fund including, but not limited to, the power to enter into capitalization grant agreements with the Environmental Protection Agency, the power to accept capitalization grant awards made under the Federal Safe Drinking Water Act and the power to make loans in accordance with the requirements of the Federal Safe Drinking Water Act, and Chapter 61 of this title, or any successor statute. The Department shall coordinate implementation of the Delaware Safe Drinking Water Revolving Fund with the Delaware Department of Natural Resources and Environmental Control which shall be responsible for financial administration of the loan portion of the Drinking Water State Revolving Fund. The Department shall take all actions necessary to secure for the State the benefits of the Federal Safe Drinking Water Act. b. Standards and procedures. — Before making any loan from the Delaware Safe Drinking Water Revolving Fund, the Department shall specify: 1. Standards for the eligibility of borrowers and the type of projects to be financed with loans; 2. Procedures for the preparation, review and approval of the “project priority” list, which must contain those projects for which financial assistance is sought; 3. Procedures for submitting applications for financial assistance and procedures for Department approval of such applications; 4. Procedures for completing an environmental review of projects otherwise qualifying under this paragraph which shall be sufficiently consistent with the provisions for environmental review established under applicable state and federal requirements; 5. Conditions for financial assistance; and 6. Other relevant criteria, standards and procedures. Standards and procedures specified under this paragraph shall provide for final recommendations by the Water Infrastructure Advisory Council of any loan from the Delaware Safe Drinking Water Revolving Fund and the “project priority” list as required by Chapter 61 of this title, or any successor statute. 29 Del. C. 1953, §  7903; 57 Del. Laws, c. 301, §  1 ; 57 Del. Laws, c. 591, §  58 ; 59 Del. Laws, c. 136, §  1 ; 59 Del. Laws, c. 273, §  1 ; 60 Del. Laws, c. 251, §  1 ; 61 Del. Laws, c. 274, §  1 ; 62 Del. Laws, c. 68, §  116 ; 62 Del. Laws, c. 86, §  11 ; 64 Del. Laws, c. 467, §  1 ; 65 Del. Laws, c. 89, §  2 ; 69 Del. Laws, c. 345, §  1 ; 70 Del. Laws, c. 149, §  220 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 212, §  1 ; 71 Del. Laws, c. 290, §  3 ; 71 Del. Laws, c. 486, §  3 ; 71 Del. Laws, c. 489, §  1 ; 73 Del. Laws, c. 41, §  1 ; 73 Del. Laws, c. 68, §  4 ; 77 Del. Laws, c. 246, §  1 ; 78 Del. Laws, c. 179, §§  313, 314 ; 79 Del. Laws, c. 48, §  3 ; 79 Del. Laws, c. 265, §  2 ; 80 Del. Laws, c. 234, §  26 ; 81 Del. Laws, c. 209, § 11 ; 84 Del. Laws, c. 92, § 8 ; 84 Del. Laws, c. 92, § 9 ; § 7904 Division of Public Health; Department of Health and Social Services. (a) There is hereby established the Division of Public Health under the direction and control of the Secretary of the Department of Health and Social Services for the purpose of protecting and promoting the health of the people. (b) “Core public health and preventive services” as used in this section are those activities that lay the groundwork for health communities. They are activities that protect people from diseases and injury. They include activities that: (1) Prevent and control communicable disease epidemics; (2) Promote healthy behaviors to control chronic disease; (3) Monitor the health of the population through data analysis and epidemiological studies; (4) Result in policies to promote the health of the public; (5) Assure quality health services and systems for the population; (6) Result in the setting of standards for the protection of the public’s health; (7) Provide assistance during disasters; (8) Assess environmental health risks; and (9) Offer health protection strategies to environmental control agencies. (c) The mission of the Division is to protect and promote the health of the people. The Division’s responsibilities include the following: (1) Monitor and assess the health status of the population of the State. (2) Use scientific knowledge as the basis to promote public policy to protect the health of the people. (3) Perform duties and functions as may be necessary to assure the protection of the public’s health. (d) The Division shall provide core public health and preventive services that include the following: (1) Advocate for and facilitate a strong public health delivery system that assures all Delaware citizens have access to core public health and preventive services. (2) Serve as the focal point in bringing together public and private entities to create public health objectives and strategies for Delaware. (3) Facilitate and support community efforts, including the creation of public/private partnerships, for the prevention of disease and injury and the promotion of health. (4) Monitor the health of the population through the collection and analysis of data on health status, including epidemiological and other studies of health problems. (5) Develop and provide information on the prevention and control of health problems affecting the population, including environmentally-related illness, communicable disease, chronic disease, injury and such other problems as may affect the public’s health. (e) The Secretary of the Department of Health and Social Services shall receive and disburse all funds available to the State from any source including, but not limited to, the United States Government, to be used for the benefit of the public health, unless the receipt and disbursal of such funds is otherwise provided by law. (f) The Director of the Division shall be the State Health Officer and State Registrar of Vital Statistics and shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions as delegated to the Director by the Secretary of the Department of Health and Social Services. (g) The Division is authorized to operate the following programs for which a fee for service is charged to cover the cost of the program: Child Health, Vanity Birth Certificate, Public Water, Medicaid Enhancements, Infant Mortality, Medicaid Aids Waiver, Children with Special Needs, Family Planning, Newborn, Indirect Costs, Vaccines, Food Inspection, Medicaid Contractors/Lab Testing and Analysis, Tuberculosis (TB), Sexually Transmitted Diseases (STD), Preschool Diagnostic and Development Nursery (PDDN), Home Visits, Food Permit, Water Operator Certification, Long-Term Care Prospective Payment, Long-Term Care IV Therapy, and Health Statistics. Notwithstanding the provisions of § 6102 of this title, the Division shall be allowed to collect and expend fees from the aforementioned accounts except that the Children with Special Needs and Child Health programs shall continue to deposit 30 percent of program collections to the General Fund. 29 Del. C. 1953, §  7904; 57 Del. Laws, c. 301, §  1 ; 57 Del. Laws, c. 591, §  58A ; 60 Del. Laws, c. 207, §  1 ; 60 Del. Laws, c. 511, §  65 ; 60 Del. Laws, c. 716, §  1 ; 60 Del. Laws, c. 722, §  3 ; 62 Del. Laws, c. 68, §  117 ; 62 Del. Laws, c. 86, §  12 ; 70 Del. Laws, c. 148, §  1 ; 70 Del. Laws, c. 149, §  224 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 310, §  15 ; 83 Del. Laws, c. 213, § 7 ; § 7905 Office of Women’s Health. (a) The Office of Women’s Health is hereby established within the Division of Public Health, in the Department of Health and Social Services. (b) For purposes of this section: (1) “Department” means the Department of Health and Social Services. (2) “Director” means the Director of the Office of Women’s Health. (3) “Division Director” means the Director of the Division of Public Health. (4) “Office” means the Office of Women’s Health. (5) “Secretary” means the Secretary of the Department. (c) The Office is established to address women’s health issues across the lifespan for the following purposes: (1) To facilitate appropriate forums, programs or initiatives designed to educate the public regarding women’s health and health lifestyles. (2) To assist the Division Director in identifying, coordinating and establishing priorities for programs, services and resources the State should provide for women’s health issues across the lifespan, including concerns relating to reproductive, menopausal and postmenopausal phases of a woman’s life. (3) To serve as a resource for information regarding women’s health data, strategies, services and programs that address women’s health issues across the lifespan. (4) To provide relevant research information and data conducted or compiled by the Department or other entities in collaboration with the Department. (5) To seek funding from private or governmental entities to carry out the purposes of this chapter. (6) To prepare materials for publication and dissemination to the public on women’s health. (7) To conduct public educational forums in Delaware to raise public awareness and to educate citizens about women’s health programs, issues and services. (8) To coordinate the activities and programs of the Office with other entities that focus on women’s health or women’s issues, including but not limited to other state agencies. (d) The structure of the Office of Women’s Health will be determined by the Department, including all of the following: (1) The Director of the Office. (2) Other necessary employees. 73 Del. Laws, c. 119, §  1 ; 70 Del. Laws, c. 186, §  1 ; 77 Del. Laws, c. 106, §  8 ; 84 Del. Laws, c. 359, § 2 ; § 7905A Office of Women’s Health. Transferred to § 7905 of this title. § 7906 Community services. There are established within the Department of Health and Social Services the programs and functions of community services involving all of the powers, duties and functions heretofore performed within the former Department of Community Affairs pursuant to § 4 of Executive Order Number 123 dated December 29, 1982. 68 Del. Laws, c. 149, §  1 ; § 7907 Delaware Residents’ Protection Commission. (a) (1) There is established a Delaware Residents’ Protection Commission. The Commission’s purpose is to monitor the quality of care, quality of life, and safety provided to Delaware’s residents of monitored facilities in both privately-operated and state-operated facilities, and to ensure that the appropriate oversight agencies respond in a timely manner to complaints of abuse, neglect, mistreatment, financial exploitation, and other claims. (2) As used in this chapter: a. “Commission” means the Delaware Residents’ Protection Commission. b. “Monitored facility” means, collectively, a nursing facility, as “nursing facility” is defined in § 1102 of Title 16; an assisted living facility, as “assisted living facility” is defined in § 1102 of Title 16; and a secured memory care unit, as “secured memory care unit” is defined in § 1102 of Title 16. c. “Secretary” means the Secretary of the Department of Health and Social Services. (b) The Commission is staffed by an Executive Director and supporting staff, who are responsible for ensuring that the Commission fulfills its purpose. The Executive Director may speak on behalf of the Commission, consistent with the Commission’s purpose. (c) The Commission consists of the following members: (1) One member appointed by the Speaker of the House of Representatives. (2) One member appointed by the President Pro Tempore of the Senate. (3) Six members serving by virtue of position, or a designee appointed by the member, as follows: a. The Attorney General. b. The Executive Director of the Community Legal Aid Society, Inc. c. The Executive Director of the Delaware Health Care Facilities Association. d. The Executive Director of the Delaware Healthcare Association. e. The President of LeadingAge New Jersey/Delaware. f. The Director of State Government Affairs, Delaware, of the Alzheimer’s Association, Delaware Valley Chapter. (4) Seven members appointed by the Governor as follows: a. One member who is a resident or a family member of a resident of a monitored facility. b. Three members, 1 from each county, who work or have worked in a monitored facility. c. One member who is a health-care professional. d. Two members who are each an advocate for individuals with disabilities, the elderly, or both. (d) A member who may select a designee must select the designee only from that member’s organization, to serve in the member’s stead and at the member’s pleasure. The member must provide the designation to the Chair in writing. A designee has the same duties and rights as the member the designee represents. (e) Membership on the Commission must be geographically distributed so that there are members from each of the 3 counties. (f) (1) The members that the Speaker and the President Pro Tempore appoint serve at the pleasure of their appointing authorities. (2) The term of a member that the Governor appoints is 3 years; however, the Governor may appoint 1 or more members under paragraph (c)(4) of this section for a term of less than 3 years to ensure that terms are staggered. (3) A member who is absent from 3 consecutive commission meetings or 4 out of 12 consecutive meetings is deemed to have resigned, and the member’s appointing authority may accept the member’s resignation. (g) The members of the Commission shall elect a Chair. (h) A majority of members must be present at a commission meeting in order to have quorum and conduct official business. A vacant position is not counted for purposes of quorum. A motion by the Commission is approved upon the affirmative vote of a majority of members who are present at the meeting. (i) The Commission may adopt rules and bylaws necessary for its operation. (j) The Commission, as operated within the limitation of the annual appropriation and any other funds the General Assembly appropriates, provides staff for the Commission. The Commission may seek grant funding to provide staff for the Commission and support the Commission’s purpose. (k) The Department of Justice shall provide legal advice to the Commission. ( l ) The Commission shall meet, at a minimum, on a quarterly basis. The Commission may hold a virtual meeting under Chapter 100 of Title 29 (Freedom of Information Act), except that, for purposes of a commission meeting, “anchor location” means a physical location within the geographical jurisdiction of the Commission that is open to the public and at which 1 or more commission members or a member of the Commission’s staff is present. (m) The Commission’s duties include all of the following: (1) Examining policies and procedures and evaluating the effectiveness of the quality assurance and improvement system for residents of monitored facilities, including the respective roles of the Department of Health and Social Services, the Department of Justice and law-enforcement agencies, health-care professionals, and monitored facility providers. (2) Monitoring data and analyzing trends in the quality of care, quality of life, and the safety of residents of monitored facilities. (3) Reviewing and making recommendations to the Governor, Secretary, and the General Assembly concerning the quality assurance and improvement system and improvements to the overall quality of life, quality of care, and safety of residents of monitored facilities. (4) Protecting the privacy of residents of monitored facilities, including complying with the guidelines for confidentiality of records that the Division of Health Care Quality establishes. (5) Promoting coordination among programs and services established for or related to monitored facilities. (6) Providing education and recommending policies aimed at improving the quality of care, quality of life, and safety of residents of monitored facilities. (n) Subcommittees. — The Commission may form subcommittees as necessary to carry out the Commission’s work. (1) The Commission and its subcommittees may hear testimony and gather information and advice from non-commission members. (2) A subcommittee may act on behalf of the Commission, consistent with the Commission’s purpose. (o) The Commission shall prepare and publish an annual report to the Governor, Secretary, the General Assembly, and the Director and the Librarian of the Division of Legislative Services. The annual report must include at least all of the following: (1) Aggregate data with analysis and monitoring of trends in the quality of care, quality of life, and safety of residents of monitored facilities. (2) Findings and recommendations from each monitored facility visit. (3) A summary of each recommendation and correspondence made to the Department of Health and Social Services, the Governor, the General Assembly, and other stakeholder organizations. The correspondence must be redacted to remove information that is not deemed a public record under § 10002 of this title. (4) Summary of the Commission’s review of relevant legislation, including the Commission’s position on legislation and regulations affecting residents of monitored facilities. (5) Advocacy efforts and goals for the upcoming year. (6) Summary of the Executive Director’s duties, including the percentage of time devoted to each duty. (p) Members of the Commission serve without compensation. However, members may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Commission. 29 Del. C. 1953, §  7907; 57 Del. Laws, c. 301, §  1 ; 57 Del. Laws, c. 591, §  62 ; 60 Del. Laws, c. 207, §  1 ; 66 Del. Laws, c. 315, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 199, §  1 ; 74 Del. Laws, c. 132, §§  1, 2 ; 75 Del. Laws, c. 89, §  195 ; 77 Del. Laws, c. 201, §  17 ; 81 Del. Laws, c. 209, § 12 ; 82 Del. Laws, c. 29, § 1 ; 83 Del. Laws, c. 517, § 1 ; 84 Del. Laws, c. 255, § 49 ; 85 Del. Laws, c. 179, § 1 ; § 7908 Division of Substance Abuse and Mental Health. (a) As used in this section: (1) “Behavioral health condition” means as defined in § 5601 of Title 16. (2) “Behavioral health treatment program” or “program” means as defined in § 5601 of Title 16. (3) “Behavioral health treatment provider organization” or “provider organization” means as defined in § 5601 of Title 16. (4) “Department” means the Department of Health and Social Services. (5) “Director” means the Director of the Division. (6) “Division” means the Division of Substance Abuse and Mental Health. (b) The Division is established within the Department under the direction and control of the Secretary of the Department. The Director shall have the power to perform and shall be responsible for the performance of all the powers, duties, and functions as delegated to the Director by the Secretary. (c) The Division shall provide for and oversee the prevention of behavioral health conditions and the care, treatment, and recovery of adults with behavioral health conditions. (d) The Division shall do all of the following: (1) Plan for, adopt or establish, implement, revise, and enforce program standards. (2) License provider organizations to operate programs. (3) Inspect, investigate, and monitor provider organizations to ensure compliance and quality. (4) Receive and investigate complaints, grievances, and incident reports related to provider organizations and programs. (5) Provide and facilitate education, research, and training related to behavioral health conditions. (6) Establish, operate, and maintain the Delaware Psychiatric Center and a forensic psychiatric unit within the Center. (7) Administer or supervise the administration of provisions in a federal grant related to individuals with behavioral health conditions. (e) The Division may do any of the following: (1) Make contracts necessary or incidental to the Division’s duties or the exercise of the Division’s powers. (2) Solicit, accept, and use money, property, or services, regardless of the source. (3) Acquire, hold, or dispose of real property, and construct, lease, or otherwise provide real property necessary or incidental to the Division’s duties or the exercise of the Division’s powers. (4) Coordinate with other divisions within the Department of Health and Social Services and with the courts, the Department of Correction, the Department of Justice, the Department of Safety and Homeland Security, and the Department of Services for Children, Youth and Their Families to address systemic public behavioral health needs. (5) Take action to execute the authority expressly granted to the Division. (6) Promulgate rules and regulations to implement this section. 29 Del. C. 1953, §  7908; 57 Del. Laws, c. 301, §  1 ; 60 Del. Laws, c. 677, §  1 ; 64 Del. Laws, c. 467, §  1 ; 73 Del. Laws, c. 41, §  1 ; 82 Del. Laws, c. 50, § 1 ; 85 Del. Laws, c. 461, § 6 ; § 7908B Division of Substance Abuse and Mental Health. When a law-enforcement officer contacts Crisis Intervention Services or suspects an individual is experiencing an overdose or a suicide attempt, the law-enforcement officer may disclose the individual’s identifying information and a brief event synopsis to the Division of Substance Abuse and Mental Health to connect the individual to behavioral health treatment services. 82 Del. Laws, c. 200, § 1 ; § 7909 Behavioral Health Planning and Advisory Council. (a) The Advisory Council to the Division of Substance Abuse and Mental Health is hereby dissolved and reestablished as the Behavioral Health Planning and Advisory Council (“Council”) to assume the functions of the Advisory Council to the Division of Substance Abuse and Mental Health and to administer and implement this chapter, and to perform such other responsibilities as may be entrusted to it by law. (b) The Council shall do all of the following: (1) Review plans provided by the Division pursuant to Title XIX of the Public Health Service Act (42 U.S.C. § 300x-4(a)) to the Council and submit to the Division any recommendations of the Council for modifications to the plans. (2) Serve as an advocate for adults and children with serious mental illness, children with a severe emotional disturbance, and other individuals with mental illnesses or emotional problems. (3) Monitor, review, and evaluate, not less than once each year, the allocation and adequacy of mental health services within the State. (c) The Council may study, research, plan, and advise the Governor, General Assembly, Secretary, and Director on matters related to behavioral health as it deems appropriate. (d) The Council shall be comprised of 17 members as follows: (1) The following individuals serve by virtue of position who may appoint a designee: a. Director of the Division of Substance Abuse and Mental Health. b. Secretary of the Department of Education. c. Director of the Division of Vocational Rehabilitation. d. Secretary of the Department of Safety and Homeland Security. e. Director of the Delaware State Housing Authority. f. Director of the Division of Social Services. g. Director of the Division of Prevention and Behavioral Health Services. (2) The following shall be appointed by the Governor: a. A licensed medical provider of mental health services. b. 9 individuals who are not employees of the State or providers of mental health care, as follows: 1. Two individuals with severe mental illness who are receiving, or have received, mental health services. 2. Two individuals with a substance use disorder who are receiving, or have received, mental health services. 3. A family member of an individual in recovery. 4. Three parents or guardians of children with a substance use disorder or serious emotional disturbance. 5. An individual who advocates on behalf of those with behavioral health issues. (e) Members appointed by the Governor shall serve for a term of up to 3 years. The terms of no more than 3 members shall expire in the same year. (f) The Director of the Division of Substance Abuse and Mental Health shall serve as the temporary chair, and shall set the date, time, and place for the initial organizational meeting where the members of the Council shall elect a Chair and Vice-Chair from among the members. The Vice-Chair’s duty shall be to act as Chair in the absence of the Chair. (g) The Council may adopt bylaws for operating procedures including the election of officers, the conducting of meetings, and other matters to promote the efficient operation of the Council in the performance of its duties under this section. (h) Members of the Council shall serve without compensation; however, members may be reimbursed for reasonable and necessary expenses incidental to their duties as members of the Council. (i) A majority of the membership of the Council shall constitute a quorum. A vacant position is not counted for quorum purposes. (j) Administrative support for the Council shall be provided by the Division of Substance Abuse and Mental Health. (k) The Council is a “public body,’' as defined in and for the purposes of the Freedom of Information Act, Chapter 100 of Title 29. ( l ) The Council is designated as Delaware’s State Mental Health Planning Council under Title XIX of the Public Health Service Act (42 U.S.C. § 300x). 29 Del. C. 1953, §  7909; 57 Del. Laws, c. 301, §  1 ; 57 Del. Laws, c. 591, §  63 ; 60 Del. Laws, c. 677, §  1 ; 64 Del. Laws, c. 467, §  10 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 41, §  1 ; 82 Del. Laws, c. 271, § 1 ; § 7909A Division of Developmental Disabilities Services. (a) There is hereby established the Division of Developmental Disabilities Services under the direction and control of the Secretary of the Department of Health and Social Services. (b) The mission of the Division of Developmental Disabilities Services is to provide services and supports to individuals with developmental disabilities and their families, to enable them to make informed choices that lead to an improved quality of life and meaningful participation in their communities. (c) The Division of Developmental Disabilities Services has the following powers and duties: (1) Provide case management and community-based services including family supports, advocacy, respite, residential setting options, nurse and behavioral consultation, day services, and supported employment services to assist individuals achieve their goals. (2) Submit an annual report relating to the Division’s services to the Secretary, the Governor, the General Assembly, and the Director and Librarian of the Division of Legislative Services. The report must include information related to at least all of the following: a. Service system size and growth to include both individuals receiving services and agencies providing services. b. Service utilization. c. Observed gaps in or challenges to the service system. (3) [Repealed.] (4) Provide intermediate care facility residential services. (d) The Division of Developmental Disabilities Services shall ensure the investigation of complaints of abuse, neglect, mistreatment, and financial exploitation. An investigation may be in coordination with the Attorney General’s Office, law enforcement, or other appropriate agencies. (e) The Division of Developmental Disabilities Services may promulgate rules and regulations to implement this statute. (f) It is the intent of the General Assembly for the Division of Developmental Disabilities Services (DDDS) to phase in increases to the rate system for services to adults with intellectual and developmental disabilities (I/DD) based on the market study provided to the Office of Management and Budget and the Controller General on January 17, 2014, by the Department of Health and Social Services Secretary, as subsequently updated with utilization data for fiscal year 2018 and updated component percentages. Subject to available funding, these rates shall be phased in to 100% of the benchmarked levels established. 60 Del. Laws, c. 677, §  2 ; 73 Del. Laws, c. 97, §  5 ; 78 Del. Laws, c. 179, §  315 ; 81 Del. Laws, c. 407, § 1 ; 82 Del. Laws, c. 31, § 1 ; 85 Del. Laws, c. 264, § 1 ; § 7910 Advisory Council to the Division of Developmental Disabilities Services. (a) There is established the Advisory Council to the Division of Developmental Disabilities Services. (b) The Advisory Council to the Division of Developmental Disabilities Services serves in an advisory capacity to the Director of the Division of Developmental Disabilities Services, to consider matters relating to individuals diagnosed with intellectual disabilities or specific developmental disabilities in this State and other matters that the Governor, Secretary of the Department, or Director of the Division of Developmental Disabilities Services may refer to it. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner. (c) The Advisory Council to the Division of Developmental Disabilities Services is composed of 17 members who are appointed by the Governor. Membership is comprised as follows: (1) Seven members who represent families, service recipients, and self-advocates in the developmental disabilities community and currently receive services from the Division of Developmental Disabilities Services. An Advisory Council member appointed to represent a family member who received services may continue to serve the appointed term if the family member dies before the term expires. (2) Five members who represent a cross section of service providers in the developmental disabilities community and currently operate in the Division of Developmental Disabilities Services system, including from any of the following: a. Residential service providers. b. Day habilitation service providers. c. Employment service providers. d. Clinical service providers. e. Behavioral or mental health service providers. (3) Five members who are professional advocates representing individuals with disabilities and represent each of the following: a. Delaware Developmental Disabilities Council. b. State Council for Persons with Disabilities. c. Disabilities Law Program at Delaware Community Legal Aid Society, Inc. d. The Arc of Delaware. e. Center for Disabilities Studies at University of Delaware. (d) [Repealed.] (e) Members of the Council receive no compensation, but may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council. (f) The Council shall annually elect a chair from among its members. The chair or vice chair must be an individual with a developmental disability. (g) The Governor may appoint a member for a term of up to 3 years to ensure that no more than 3 members’ terms expire in a year. (h) The number of members who must be present at a Council meeting in order to have a quorum and conduct official business is a majority of the appointed members. Counting for quorum does not include member positions that are vacant. (i) The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Council meetings or attends less than 50% of Council meetings in a calendar year. The Governor may consider the member to have resigned, and may accept the member’s resignation. 29 Del. C. 1953, §  7910; 57 Del. Laws, c. 301, §  1 ; 57 Del. Laws, c. 591, §  64 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 97, §  6 ; 78 Del. Laws, c. 179, §  316 ; 82 Del. Laws, c. 130, § 1 ; 83 Del. Laws, c. 101, § 1 ; § 7911 Division of Social Services. The Division of Social Services is established having the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Department of Public Welfare and the Board of Welfare, pursuant to Chapter 1, subchapters I, III, IV, and VI of Chapter 3, and Chapters 5, 9, and 11 of Title 31. 29 Del. C. 1953, §  7911; 57 Del. Laws, c. 301, §  1 ; 61 Del. Laws, c. 329, §  1 ; 64 Del. Laws, c. 108, §  2 ; 69 Del. Laws, c. 345, §  7 ; § 7912 Council on Family Services. (a) There is established the Council on Family Services. (b) [Repealed.] (c) The Council on Family Services shall be composed of 7 members who shall be appointed for 3-year terms by the Governor. (d) At least 3, but no more than 4, members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce such person’s political affiliation shall also be eligible for appointment as a member of the Council. (e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council. (f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection. (g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term. 29 Del. C. 1953, §  7912; 57 Del. Laws, c. 301, §  1 ; 57 Del. Laws, c. 591, §  65 ; 64 Del. Laws, c. 108, §  2 ; 70 Del. Laws, c. 186, §  1 ; § 7913 Council on the Blind. (a) The Council on the Blind is established. (b) The Council on the Blind (“Council”) serves in an advisory capacity to the Director of the Division for the Visually Impaired and considers matters relating to the supervision of the training of a “person with blindness” or “person with visual impairment,” as defined in § 2101 of Title 31, and other matters that the Governor, the Secretary of the Department, or the Director may refer to it. The Council may study, research, plan, or advise the Director, Secretary, or Governor on matters it deems appropriate to enable the Division to function in the best possible manner. (c) The Council is comprised of 7 members who are appointed by the Governor. (d) [Repealed.] (e) A council member does not receive compensation but may be reimbursed for the member’s actual and necessary expenses incurred in the performance of the member’s official duties. (f) The Council shall annually elect a chair from among its members. A chair is eligible for reelection. (g) Each council member is appointed for a term of 3 years. Each term of office expires on the date specified in the appointment; however, a member remains eligible to participate in counci