Delaware Bills

signed · Delaware · Senate Nov 2, 2022

SB 321: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE BOARD OF PARDONS.

This bill broadens the scope of mental health practitioners who are authorized by statute to conduct examinations with inmates for purposes of advising the Board of Pardons on matters material to the Board’s scope of review. This will enable licensed mental health practitioners and other clinical mental health professionals to participate in the process of evaluating and reporting upon an offender’s mental health history, likelihood to re-offend, and other pertinent matters that will assist the deliberative process of the Board of Pardons.

signed · Delaware · Senate Nov 2, 2022

SB 292: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO NALOXONE AND OTHER OPIOID ANTAGONISTS.

An opioid antagonist is a medication approved by the United States Food and Drug Administration (FDA) for emergency reversal of a known or suspected opioid overdose. Currently, naloxone is the only FDA-approved opioid antagonist, however, the FDA is expected to approve at least 1 new, more powerful opioid antagonist in 2022. The current naloxone program allows public safety personnel and trained lay people to receive and administer naloxone to individuals suspected of experiencing an opioid overdose. This Act allows the Department of Health and Social Services to expand the current program to include additional opioid antagonists. This Act also makes technical corrections to reflect that advance practice registered nurses have the authority to prescribe medication and to conform existing law to the standards of the Delaware Legislative Drafting Manual as follows: 1. Reorganizing the current Chapter 30G of Title 16 from a single Code section to a chapter with several Code sections so that similar provisions are grouped together. 2. Using consistent phrases and terminology.

signed · Delaware · Senate Nov 2, 2022

SB 309: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE PRACTICE OF CHIROPRACTIC.

Section 716(a) of Title 24 prohibits annual or lifetime numerical limits on chiropractic visits for the treatment of back pain. The treatment of chronic back pain through chiropractic supportive care can prevent patients from requiring opioid pain medications or more expensive treatments. This Act prohibits the denial of insurance coverage under § 716(a) for chiropractic supportive care, which constitutes maintenance therapy. This requirement applies to policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2023. In addition, this Act clarifies, but does not expand, the insurance coverage subject to the requirements under § 716(a), states that the requirements under this subsection cannot be waived by contract, and requires that the regulations implementing § 176 establish utilization review standards. This Act also updates the definitions in Chapter 7 of Title 24 to be consistent with the current scope of chiropractic practice and makes corresponding revisions to the terms used in existing law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Nov 2, 2022

SB 282: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO PRIVATE FLOOD INSURANCE.

This bill facilitates the expansion of the private flood insurance market through the adoption of the National Council of Insurance Legislators’ Model Private Primary Residential Flood Insurance Model. This Model has been used to facilitate increased consumer choice and access to flood insurance.

vetoed · Delaware · House Oct 27, 2022

HB 276: AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO THE ELIGIBILITY OF REGISTERED QUALIFYING PATIENTS UNDER THE DELAWARE MEDICAL MARIJUANA ACT TO PURCHASE OR POSSESS FIREARMS.

At least 36 states allow for the medical use of marijuana. However, federal firearm laws have not kept pace and currently prohibit an individual who is “an unlawful user of or addicted to any controlled substance” from possessing or purchasing a firearm. It is still unlawful under federal law to use or possess marijuana. This Act makes clear that an individual is not disqualified under Delaware law from possessing a firearm because the individual is a registered qualifying patient under the Delaware Medical Marijuana Act, if the registered qualifying patient is not a person prohibited under § 1448 of Title 11 of the Delaware Code. This Act makes also clear that a registered qualifying patient may engage in a firearm transaction between unlicensed persons under § 1448B of Title 11 if the transaction is exempt under § 1448B(c) of Title 11 and the registered qualifying patient is not otherwise a person prohibited under § 1448 of Title 11. A registered qualifying patient’s purchase of a firearm through a federal firearms licensee (“FFL”) is still prohibited under federal law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Oct 26, 2022

HB 318: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LICENSES FOR DEPLOYED ACTIVE DUTY, ACTIVATED RESERVE, AND NATIONAL GUARD MILITARY PERSONNEL.

This Act establishes a period of time when a license for a nonpublic school teacher, specialist, or administrator employed by this State and for a public education employee, i.e., a Department of Education employee, adult education employee, and prison education employee, does not expire. The Act defers the expiration of the license for an individual who is or is the spouse of active-duty military, is or is the spouse of a member of the National Guard, is or is the spouse of an individual in the military reserve, and for an individual who is or is the spouse of retired military. The Act provides that a license does not expire for 180 days after the date the individual or the individual’s spouse returns from active deployment if the person or the person’s spouse holds an initial license and for 270 days after return from active deployment if the person or the person’s spouse holds a continuing or advanced license. This does not apply to public school educators who are licensed and certified in accordance with subchapters II and III of Title14. This Act also replaces the Associate Secretary, Administration and Innovation with the Associate Secretary, Educator Support throughout Section 121. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Oct 26, 2022

HB 390: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DESIGNATING THE DRYPTOSAURIDAE THE OFFICIAL DINOSAUR OF DELAWARE.

This Act designates the Dryptosauridae as the official dinosaur of this State. Dryptosauridae bones have been found in the Chesapeake & Delaware Canal. The only other dinosaur bones that have been found in Delaware are those of a hadrosaurid, most likely Hadrosaurus foulkii, which New Jersey has already designated as its official state dinosaur. Students at Shue-Medill Middle School, in the Christina School District, researched and identified the Dryptosauridae as the best choice for the official state dinosaur for Delaware. The Delaware Museum of Nature and Science assisted the students with this research and the decision that the Dryptosauridae would be the best choice for Delaware’s official state dinosaur was reached through a school-wide vote. A reconstruction of a dryptosaurid skeleton, Dryptosaurus aquilunguis, will be on display in the new PaeloZone of the Delaware Museum of Nature and Science. Using their research, the students drafted the whereas clauses for this Act to explain the basis for their decision, which includes all of the following: 1. The Dryptosauridae was bird-like but was also a predator and is related to Tyrannosaurus rex. 2. Delaware’s state bird is the blue hen chicken, so it would be meaningful to have a bird-like state dinosaur. 3. Delaware is also home to the Dover Air Force Base, and this dinosaur relied on speed to escape from predators and was incredibly fast. 4. The Dryptosauridae went to the ancient shoreline, but feasted on land like Delaware’s shore birds do now, so it is a reminder of Delaware's ecosystems and how populations, birds, and sea life must be protected.

signed · Delaware · House Oct 26, 2022

HB 476: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE GOLD ALERT PROGRAM.

This Act requires all law-enforcement agencies to remove all Gold Alert notifications of missing persons from all social media and all websites within 72 hours of being notified that the missing person has been located.

signed · Delaware · Senate Oct 26, 2022

SB 269: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.

This bill creates a special license plate for the Boy Scouts of America.

signed · Delaware · Senate Oct 26, 2022

SB 316: AN ACT TO AMEND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE OF DIABETES EQUIPMENT AND SUPPLIES.

This Act caps the amount that an individual, group, or State employee plan may charge for diabetes equipment and supplies, other than insulin, at $35 per month. This cap does not apply to accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health insurance policies.

signed · Delaware · House Oct 26, 2022

HB 376: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE BURN CAMP.

This Act authorizes the Delaware Burn Camp Corporation created by Subchapter VII to determine its own Board of Directors. This Act will phase in the new directors as the current directors complete their terms or upon the occurrence of a vacancy.

signed · Delaware · House Oct 26, 2022

HB 348: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE BASIC SALARY SCHEDULE FOR SCHOOL-BASED PHYSICAL AND OCCUPATIONAL THERAPISTS.

This Act provides nationally certified occupational therapists with a salary supplement for receiving national certification. This Act also makes technical corrections to conform existing language to the standards of the Delaware Drafting Manual.

Bill results