House Bill 316
151st General Assembly (Present)
Becomes effective upon date of signature of the Governor or upon date specified
AN ACT TO AMEND TITLES 13 AND 16 OF THE DELAWARE CODE RELATING TO THE DOMESTIC VIOLENCE COORDINATING COUNCIL.
This bill does all of the following relating to the Domestic Violence Coordinating Council. First, it adds the Chief Magistrate of the Justice of the Peace Court to the Domestic Violence Coordinating Council. Second, it removes the limitations on the use of voting by proxy by members of the Council. These limitations are unnecessary because § 2104(f) provides that the Council promulgate rules of procedure governing its operations so long as they are in accordance with Chapters 100 and 101 of Title 29. Thus, the Council, not the statute, should determine the rules necessary to govern its own operations. Finally, the bill adds the Fatal Incident Review Team of the Domestic Violence Coordinating Council to the list of entities that are entitled to receive protected health information without informed consent. The protected health information at issue is essential for the Fatal Incident Review Team to review. Due to federal law, certain providers are prohibited from providing such information even with a subpoena. However, these providers can provide the protected health information if the statute specifically permits such protected health information to be disclosed without informed consent.