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signed · Delaware · Senate Sep 24, 2024

SB 223: AN ACT TO AMEND TITLE 16 AND TITLE 18 OF THE DELAWARE CODE RELATING TO PARAMEDIC SERVICES.

This Act is the product of the work of stakeholders who, with the encouragement of Senate Concurrent Resolution No. 50 (152nd General Assembly), met to examine how to integrate mobile-integrated healthcare and community paramedicine into existing regulatory structures in this State. Mobile-integrated healthcare and community paramedicine are innovative patient-centered models for the delivery of health care services that utilize mobile resources to deliver care and services to patients in an out-of-hospital environment in coordination with healthcare facilities or other healthcare providers. As part of mobile-integrated healthcare and community paramedicine programs, emergency medical services provider agencies across the country of all sizes and types are partnering with hospitals, primary care physicians, nurses, and mental health and social services providers on innovative programs that both navigate patients to the right level of care as well as achieve goals of improved care and lower costs. Clinical research studies comparing patients in traditional hospitals with patients who received hospital-level care at home through mobile-integrated healthcare and community paramedicine programs have found that those who received in-home care experienced fewer readmissions, lower mortality rates, reduced falls, and higher patient satisfaction rates. Based on temporary federal law enacted to relieve strain on healthcare systems caused by the COVID-19 pandemic, hospitals in this State developed relationships with emergency medical services provider agencies to implement mobile-integrated healthcare and community paramedicine programs. However, this temporary federal authorization will end on December 31, 2024. Many states have acted ahead of the expiration of this federal authorization to incorporate mobile-integrated healthcare and community paramedicine programs into existing regulatory structures. This Act integrates mobile-integrated healthcare and community paramedicine programs into existing regulatory structures in this State by authorizing the establishment of mobile-integrated healthcare and community paramedicine programs in this State through the Office of Emergency Medical Services (“Office”) in the Department of Health and Social Service’s Division of Public Health (“Division”). Specifically, this Act does the following: (1) Authorizes an organization licensed as or actively seeking licensure as an emergency medical services provider agency to apply to the Office to establish a mobile-integrated healthcare or community paramedicine program. (2) Requires the Office to review applications to establish mobile-integrated healthcare or community paramedicine programs and make recommendations to the Director of the Division, who is required to approve applications that meet the requirements established by this Act and regulations adopted by the Office. (3) The Office is required to establish standards, approved by the Board of Medical Licensure and Discipline, for the establishment and operation of mobile-integrated healthcare or community paramedicine programs This Act takes effect immediately for purposes of the Office of Emergency Medical Services preparing to implement this Act, but is not implemented until the date of publication in the Register of Regulations of a notice by the Director of the Office of Emergency Medical Services that the Office is prepared to implement this Act. The changes to the definition section, § 9802 of Title 16 of the Delaware Code, in Sections 2 and 3 of this Act are identical. These changes had to be made twice as § 9802 of Title 16 currently has 2 versions, one effective until July 17, 2028, and one effect as of July 17, 2028. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and, in Section 5 of this Act, to correct an internal reference in § 6701B of Title 18 of the Delaware Code affected by changes in Sections 2 and 3 of this Act.
Ed Osienski (D) Frank Cooke (D) Pete Schwartzkopf (D) Dave Sokola (D) Valerie Giltner (R)
signed · Delaware · Senate Sep 24, 2024

SB 106: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MATERNAL MENTAL HEALTH.

This Act modernizes and expands the concept of maternal mental health by replacing the definition of maternal depression with the more encompassing definition of perinatal mood and anxiety disorder. This Act contemplates treatment for any caregiver who may be affected by perinatal mood and anxiety disorder. This Act avoids use of gender-based pronouns as recommended by the Legislative Drafting Manual.
Pete Schwartzkopf (D) Dave Sokola (D) Nicole Poore (D) Madinah Wilson-Anton (D) Trey Paradee (D)
signed · Delaware · Senate Sep 24, 2024

SB 272: AN ACT TO AMEND TITLES 18 AND 29 OF THE DELAWARE CODE RELATING TO HEALTH INSURANCE, AND TITLE 31 OF THE DELAWARE CODE RELATING TO PHARMACIST CARE.

Pharmacists in Delaware provide some of the same medical services as physicians, advance practice registered nurses, and physician assistants, including immunizations. The General Assembly has recently added to the services that pharmacists may provide, including prescribing birth control, testing and treating for a variety of conditions, and prescribing pre-exposure and post-exposure HIV prophylaxis. However, health insurance plans do not currently recognize pharmacists as a provider type that may seek reimbursement for these services, despite already providing coverage for the same services if they were obtained from other providers. This could lead to many pharmacists not providing such expanded services due to the lack of insurance coverage. This Act requires health insurance providers to provide the same reimbursement to pharmacists that is already provided other providers performing the same services at the same rates as advance practice registered nurses and physician assistants. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Dave Wilson (R) Frank Cooke (D) Pete Schwartzkopf (D) Sherry Dorsey Walker (D) Dave Sokola (D)
signed · Delaware · House Sep 24, 2024

HB 362: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO COVERAGE FOR DOULA SERVICES.

In 2023, the General Assembly passed House Bill 80, which required the coverage of doula services under the State’s Medicaid plan beginning in 2024. This Act would require similar coverage under private health insurance plans.
signed · Delaware · House Sep 24, 2024

HB 374: AN ACT TO AMEND TITLES 10 AND 24 OF THE DELAWARE CODE RELATING TO FERTILITY TREATMENT.

This Act updates House Bill 455 from the 151st General Assembly by providing the same legal protections afforded providers of contraceptive and abortion services to providers of fertility treatment. In summary, this Act does the following: (1) Clarifies that medical professionals who provide fertility treatment care cannot be disciplined for such services even if such services are illegal or considered to be unprofessional conduct or the unauthorized practice of medicine in another state, so long as such services are lawful in this State; (2) Prohibits health care providers from disclosing communications and records concerning fertility treatment without the patient’s authorization in any civil action or proceeding, with some exceptions; (3) Protects health care providers from out-of-state civil actions relating to fertility treatment that is legal in Delaware, including the issuance of a summons or the enforcement of subpoenas relating to such cases; (4) Creates a cause of action for recouperation of out-of-state judgments relating to fertility treatment that is lawful in Delaware; and (5) Prohibits insurance companies from taking any adverse action against health care professionals who provide fertility treatment and services.
Pete Schwartzkopf (D) Sherry Dorsey Walker (D) Dave Sokola (D) Nicole Poore (D) Trey Paradee (D)
signed · Delaware · House Sep 24, 2024

HB 426: AN ACT TO AMEND TITLE 11 RELATING TO MEDICAL SERVICES.

This Act ensures that pregnant women in DOC custody, at Level IV or V, are able to meet with a doula or midwife to create a birth plan surrounding the birth of their child. Among other things, the birth plan must include a statement identifying a preferred childcare provider and whether the new mother wishes to express breast milk for the child. This Act further requires that the DOC publish an annual report regarding the use of doula and midwifery services within the DOC. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
vetoed · Delaware · House Sep 20, 2024

HB 140: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO END OF LIFE OPTIONS.

This Act permits a terminally ill individual who is an adult resident of Delaware to request and self-administer medication to end the individual's life in a humane and dignified manner if both the individual's attending physician or attending advanced practice registered nurse (APRN) and a consulting physician or consulting APRN agree on the individual's diagnosis and prognosis and believe the individual has decision-making capacity, is making an informed decision, and is acting voluntarily. This Act uses terms and definitions that are consistent with other Delaware laws in Title 16, specifically Chapter 25 (regarding advance health-care directives) and Chapter 25A (regarding Delaware Medical Orders for Scope of Treatment). This Act provides the following procedural safeguards: 1. No one may request medication to end life on behalf of another individual. 2. An individual cannot qualify for medication to end life under this chapter solely because of the individual's age or disability. A mental illness or mental health condition is not a qualifying condition under this Act and a mental illness or mental health condition may be the reason that an individual does not have decision-making capacity and is thus, ineligible for medication to end their life in a humane and dignified manner. 3. Both the individual's attending physician or attending APRN and a consulting physician or consulting APRN must confirm that the individual has a terminal illness and a prognosis of 6 months or less to live, has decision-making capacity, is making an informed decision, and is acting voluntarily. 4. The individual's attending physician or attending APRN must also provide specific disclosures to the individual to ensure that the individual is making an informed decision, including the presentation of all end of life options which include comfort care, palliative care, hospice care, and pain control. 5. The individual must be evaluated by a psychiatrist or a psychologist if either the attending or consulting physicians or APRNs are concerned that the individual lacks decision-making capacity. 6. The individual must complete a witnessed form requesting medication to end life and there are limitations on who can witness the signing of the form. 7. The attending physician or attending APRN must offer the individual the opportunity to rescind the request for medication to end life before writing a prescription for the medication. 8. Two waiting periods must pass before the attending physician or attending APRN may prescribe the medication to end life. 9. The attending physician or attending APRN must provide the qualified patient with instructions about the proper safe-keeping and disposal of unused medication to end life in a humane and dignified manner under applicable state or federal guidelines. The United States Food and Drug Administration guidelines include using a medication collection site or a medication disposal pouch, that deactivates and renders drugs ineffective. 10. An insurer or health-care provider may not deny or alter health-care benefits otherwise available to an individual based upon the availability of medication to end life or otherwise coerce or require a request for medication to end life as a condition of receiving care. 11. A health-care institution may prohibit a physician or APRN from prescribing medication under this Act on the health-care institution's premises and a physician or APRN may to refuse to prescribe medication under this Act. 12. A request or prescription for or the dispensing of medication under this Act does not constitute elder abuse, suicide, assisted-suicide, homicide, or euthanasia. 13. People acting in good faith and in accordance with generally accepted health-care standards under this Act have immunity, but those acting with negligence, recklessness, or intentional misconduct do not have criminal or civil immunity. 14. The Department of Health and Social Services (DHSS) must develop rules and regulations to collect information regarding compliance with this Act and require health-care providers to file a report when medication to end life in a humane and dignified manner is prescribed or dispensed. DHSS may review samples of records maintained under this Act. The information DHSS collects must include the information necessary to assess a physician's or APRN's compliance with their responsibilities under this Act and DHSS has explicit authority to share information with the Division of Professional Regulation if DHSS suspects that a health-care provider failed to comply with the requirements under this Act. 15. DHSS must complete an annual statistical report of information collected under this Act, similar to public reports available in other states such as New Jersey where this end of life option is available. This report has the following purposes: • To assist the DHSS in its oversight responsibilities for this Act. • To assist the public in learning how well this new law is operating. 16. The Department of State may also promulgate regulations or develop forms and protocols necessary under this Act. 17. Allows the Office of Controlled Substances to provide reports of data in the prescription monitoring program to DHSS to assess compliance with this Act. This Act takes effect when final regulations required under this Act have been promulgated or July 1, 2024, whichever occurs earlier. This Act is known as "The Ron Silverio/Heather Block End of Life Options Law" in memory of Ron Silverio and Heather Block, who were passionate advocates that passed away without this option becoming available to them.
Ed Osienski (D) Dave Wilson (R) Pete Schwartzkopf (D) Dave Sokola (D) Nicole Poore (D)
signed · Delaware · House Sep 19, 2024

HB 298: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE VULNERABLE ADULT POPULATIONS COMMISSION.

This Act is a result of the Joint Legislative Oversight and Sunset Committee’s (“JLOSC”) review of Adult Protective Services. This Act creates the Vulnerable Adult Populations Commission (“Commission”), whose purpose is to improve the response to and reduce the incidents of vulnerable adult abuse, neglect, or exploitation in this State. The Commission will be comprised of several members from key state agencies, legislators, and the private sector. The Commission’s duties include: (1) Studying Delaware court services and procedures, law enforcement procedures and protocols, and criminal justice data collection and analysis, as they relate to vulnerable adult abuse, neglect, or exploitation. (2) Effectuate coordination among Delaware agencies, departments, and courts to benefit victims of vulnerable adult abuse, neglect, or exploitation. (3) Promote effective prevention, intervention, and service provision based on research and data. (4) Recommend standards to state agencies and departments regarding programs and services that serve perpetrators or victims of vulnerable adult abuse, neglect, or exploitation. (5) Review and provide feedback on legislation relating to vulnerable adult abuse, neglect, or exploitation. (6) Submit an annual, written report to the Governor, General Assembly, Delaware Supreme Court, and the Director and Librarian of the Division of Research.
signed · Delaware · House Sep 19, 2024

HB 432: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH.

This Act updates provisions of the code covering the Delaware Institute of Medical Education Research (DIMER), which creates partnerships with out-of-state medical schools as an alternative to creating a state sponsored medical school. Specifically, this Act does the following: (1) Updates the name of the Jefferson Medical College of Thomas Jefferson University to “Sidney Kimmel Medical College of Thomas Jefferson University”; (2) Adds the Philadelphia College of Osteopathic Medicine as a DIMER medical school; (3) Alters and updates the composition of the DIMER Board and provides that all members will be appointed by the Governor; (4) Clarifies that a vacant Board position is not counted for quorum purposes; (5) Requires the Board Chair to be elected from the members of the Board, rather than appointed by the Chair of the Delaware Health Care Commission; (6) Requires the Board to select candidates for the Chair and Vice Chair from a nominating committee determined by the Board; and (7) Provides that the Board Chair and Vice Chair shall serve no more than 3 consecutive terms.
Dave Wilson (R) Frank Cooke (D) Melissa Minor-Brown (D) Nicole Poore (D) Jack Walsh (D)
signed · Delaware · House Sep 19, 2024

HB 416: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO LOW-SPEED VEHICLES.

This bill updates Delaware law to allow low-speed vehicles that weigh up to 3,000 pounds, increasing the previous limit of 2,500 pounds. The legislation applies to four-wheeled motor vehicles traveling between 20 and 25 miles per hour, which must still be driven on roads with speed limits of 35 mph or lower. Owners are required to hold a valid driver's license, maintain insurance, and certify that their vehicle's safety equipment is in working order, while dealers must be licensed by the state. The change simplifies the definition of these vehicles without altering other operational rules or inspection requirements.
Dave Wilson (R) Tim Dukes (R) Stell Selby (D) Jack Walsh (D) Brian Pettyjohn (R)
signed · Delaware · Senate Sep 19, 2024

SB 262: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE SIZE AND WEIGHT OF VEHICLES AND LOADS.

This Act permits trucks having 5 or more axles that are hauling farm produce grown in this State and traveling from the farm on which the farm produce is grown to a location at which the farm produce is to be processed or stored, or from a location at which the farm produce is processed or stored to an export facility within this State, to weigh up to 90,000 pounds or combined manufacturer’s gross combined weight rating (GCWR), whichever is less, before a penalty is assessed for exceeding weight restrictions. A truck hauling farm produce is granted this increased weight limit if the truck complies with several conditions aimed at ensuring public safety. Surrounding states have similar increased weight limits for hauling farm produce. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Dave Wilson (R) Frank Cooke (D) Stell Selby (D) Jesse Vanderwende (R) Brian Pettyjohn (R)
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