Delaware General Assembly

Signed 7/3/02

The General Assembly has ended, the current status is the final status.

HB 377

3/20/02

Maier

Reps. Buckworth, Spence, Ewing, Hudson, Ulbrich, Valihura, Keeley
Sen. Adams, McDowell, Henry, Marshall, McBride, Sokola, Vaughn, Amick, Sorenson, Cloutier, Connor, F Simpson, Still, Winslow

AN ACT TO AMEND TITLES 16 AND 20 OF THE DELAWARE CODE RELATING TO EMERGENCIES AND PUBLIC HEALTH.

This statute is designed to clarify the Government’s emergency authority during public health emergencies—authority that already exists in general form in the State’s existing emergency powers statute. It is also designed to specifically enumerate procedures that would be used during a public health emergency to exercise those powers. The legislation: expands and clarifies the duties of health care providers to report medical conditions that could lead to a public health emergency; Requires pharmacists to report prescription-related events that could lead to a public health emergency; Requires persons who deal with animals to report events that could lead to a public health emergency; Clarifies procedures for the Division of Public Health to track potential public health emergencies; Clarifies the Governor’s emergency powers in the event of a public health emergency, including the control of dangerous facilities and materials, the safe disposal of infectious materials, the safe and respectful disposal of human remains, the availability of health care supplies, and the ability to implement effective vaccination, testing, and treatment programs; Establishes the procedures for quarantining and isolating individuals, with appropriate due process protections; Establishes the procedures for compensation of persons whose property is damaged or confiscated during a public health emergency; Establishes procedures for the protection of personal health information gathered during a public health emergency; and Requires the creation of a more detailed public health emergency plan.

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Takes effect upon being signed into law

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