CHAPTER 40
STATE BOARD OF HEALTH
AN ACT to amend Chapter 25 of the Revised Code of the State of Delaware, being, an Act to provide for the free distribution of diphtheria antitoxin and for the free distribution of material necessary to immunize persons against diphtheria.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Chapter 25 of the Revised Code of the State of Delaware be and the same is hereby amended by striking out "769 Sec. 34" and inserting in lieu thereof a new section, which shall be known as "769 Sec. 34", as follows :
"769. Sec. 34. The State Board of Health of Delaware is hereby authorized to procure and distribute diphtheria antitoxin free to any physician for use in the State of Delaware, provided that no such anti-toxin shall be furnished until after certification by the physician of the name and address of the person for whom the anti-toxin is desired.
The State Board of Health of Delaware is hereby authorized to procure and distribute all necessary material for immunizing persons against diphtheria free to any physician for use in the State of Delaware, provided that the name and address of all persons immunized shall be filed with the State Board of Health by the physician who performs the immunization.
The State Board of Health of Delaware 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.
Any person who makes false certification in order to procure any of the above-mentioned anti-toxin or any person who sells or attempts to sell such anti-toxin or immunizing materials shall, upon conviction thereof, be liable to a fine of not less than $5.00 nor more than $50, the same to be recovered before any Justice of the Peace of the State of Delaware, and from whose decision there shall be no appeal. All fines recovered under this Act shall be paid to the Treasurer of the State, and applied to the General Fund of the State.
The sum of $5,000 is hereby annually appropriated to the State Board of Health of Delaware for the carrying into effect of the provisions of this section out of any funds in the hands of the State Treasurer not otherwise appropriated. The said appropriation shall be known as the Diphtheria Anti-Toxin Appropriation, and the State Board of Health shall keep the accounting for said appropriation as a distinct and separate account from other appropriations which they receive.
Approved April 7, A. D. 1921.