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signed · Delaware · Senate Aug 9, 2023

SB 148: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE TOPICAL MEDICAL WASTE REDUCTION ACT.

This Act allows a practitioner with the authority to prescribe medication to give the unused portion of topical medication used during treatment to a patient upon discharge or the conclusion of the visit. This Act is based on the Model Act created by the American Academy of Ophthalmology, which has been adopted in Illinois. During a procedure, practitioners may use only a few drops or small amount of medication from a container. Because regulations governing the ability to dispense the remaining portion of stock-item medications can be unclear or appear overly burdensome, many facilities do not allow the practitioner to dispense that container to the patient to take home with them. Instead, the practitioner must write a prescription for the patient and the medication that remains in the container is discarded. By allowing patients to take home provider-dispensed medication, this Act reduces waste and health-care costs and by eliminating the extra burden of going to the pharmacy to fill a prescription, this Act will better ensure medication compliance. This Act is known as "The Topical Medical Waste Reduction Act". This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Dave Wilson (R) Sherry Dorsey Walker (D) Nicole Poore (D) Kerri Harris (D) Brian Pettyjohn (R)
signed · Delaware · House Aug 9, 2023

HB 130: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DEFERRED COMPENSATION FOR PUBLIC OFFICERS AND EMPLOYEES OF THE STATE.

There are thousands of casual/seasonal employees, who work for the State of Delaware. These hard-working individuals make up a critical part of the state government workforce and play a significant role in keeping our state running and delivering services to the people of Delaware. Since these individuals are not eligible for the state pension plan, many of them are eager to participate in a retirement savings plan so that they can save, invest, and build wealth for a secure and comfortable retirement. Currently, these individuals are not permitted to participate in the state’s 457(b) plan. This bill allows casual/seasonal employees the opportunity to participate in the 457(b) plan.
Dave Wilson (R) Pete Schwartzkopf (D) Dave Sokola (D) Nicole Poore (D) Madinah Wilson-Anton (D)
signed · Delaware · House Aug 9, 2023

HB 169: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO SCHOOL CONSTRUCTION.

This Act requires the Secretary of Education to publish and deliver to the General Assembly a report detailing requests for certificates of necessity that are not included in the proposed capital budget and the reasons for the rejection and a ranking of the rejected projects by need. The report is also required to include a breakdown of the current and previous 5 years of state spending committed through the certificate of necessity process, as well as a report on which priority level (1, 2, or 3) all approved and rejected applications are given.
Ed Osienski (D) Dave Wilson (R) Dave Sokola (D) Jack Walsh (D) Kim Williams (D)
signed · Delaware · Senate Aug 9, 2023

SB 156: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.

Under the current salary scale for teachers, if a permitted paraprofessional in a school wishes to become a certified teacher in the same school, they may have to take a pay cut to do so. This Act provides teachers who previously worked as paraprofessionals in the schools to receive partial credit towards their experience on the teacher salary scale for their time working within the schools as paraprofessionals.
Ed Osienski (D) Dave Wilson (R) Frank Cooke (D) Dave Sokola (D) Brian Pettyjohn (R)
signed · Delaware · House Aug 9, 2023

HB 80: AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO COVERAGE OF DOULA SERVICES.

This Act requires that doula services be covered by Medicaid in Delaware by January 1, 2024. It follows up on HB 343 from the 151st General Assembly which required the Division of Medicaid and Medical Assistance to submit a plan for implementing this coverage, and draws on that completed report.
signed · Delaware · House Aug 9, 2023

HB 163: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR LICENSURE AND CERTIFICATION.

This Act authorizes the Department of Education to issue an initial or continuing license to a Junior Reserve Officer Training Core (JROTC) Instructor who has been certified by the United States Department of Defense (USDOD). This Act also removes outdated language.
Ed Osienski (D) Dave Wilson (R) Frank Cooke (D) Ron Gray (R) Jack Walsh (D)
signed · Delaware · House Aug 9, 2023

HB 105: AN ACT TO AMEND TITLE 24 RELATING TO THE MEDICAL PRACTICES ACT.

This Act requires physicians who are discontinuing business, leaving the State, or terminating a patient-physician relationship for any other reason to notify affected patients at least thirty days prior to the discontinuation of services via first class mail and an electronic message if electronic communication is available. It removes the requirement that physicians ending a patient-physician relationship publish a notice in a newspaper of daily circulation. Notice sent to patients must include information about how the patient may obtain their medical records and information about other physician services in the area that are available to patients who will require continued medical care. This Act further adds that a patient receive notice by electronic message, if available, when a physician dies and has not transferred patient records to another health-care provider. Finally, this Act makes technical changes to create consistency with those sections being amended by SB 74 of the 152nd General Assembly, relating to the transfer of medical records in other health-care professions.
signed · Delaware · House Aug 7, 2023

HB 206: AN ACT TO AMEND TITLES 10, 11, 24, 29, AND 4 OF THE DELAWARE CODE RELATING TO POLICE OFFICER STANDARDS AND TRAINING COMMISSION.

This Act revamps the Council on Police Training, by changing the name of the Council to the Police Officer Standards and Training Commission (or POST) and amending its powers and duties to: (1) more accurately reflect the dual role of establishing training standards for Delaware police officers as well as overseeing allegations of police officer misconduct and conducting hearings for possible suspensions or de-certifications; (2) untethering the Council from the Delaware State Police by deleting the requirement that the Director of the Delaware State Police Academy is responsible for education and training in connection with the Council’s duties and responsibilities; (3) removing the requirement that discipline proceedings be tied to whether the employing department takes action against the officer and increasing the instances when discipline can be issued; (4) advising the Delaware Police Accreditation Commission regarding statewide accreditation standards; (5) issuing guidelines for local police oversight commissions or boards. The Bill improves transparency by increasing required meetings from two to four per year, clarifying that decisions of disciplinary panels are public documents, requiring that departments form public accountability commissions with non-officer members, and requiring a public comment period and an official website with publication of pertinent records and documents of the POST. By amending the definition of “police officer,” the bill also requires that officers employed only part-time are subject to the regulatory oversight of the POST. The Bill proposes that the Council’s day-to-day functions be provided through professionals retained by the Department of Safety and Homeland Security. Finally, the Bill makes minor technical and other non-substantive changes, including deleting outdated provisions of the Code. This includes striking the provision that required body-worn camera standards to be in place by 2022 – since those regulations are now in place – and instead requiring the POST to “periodically review and propose updates as needed to regulations and standards” for body-worn cameras in cooperation with other stakeholders. Sections 2 through 16 make conforming changes to other parts of the Code that referenced the Council on Police Training.
Frank Cooke (D) Sherry Dorsey Walker (D) Kerri Harris (D) Trey Paradee (D) Darius Brown (D)
signed · Delaware · House Aug 7, 2023

HB 205: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE LAW ENFORCEMENT OFFICER BILL OF RIGHTS.

This Act makes a number of revisions to the Law-Enforcement Officer’s Bill of Rights in Title 11 of the Delaware Code. It adds part-time officers to the coverage of the chapter. It distinguishes between formal investigations and informal inquiries, but requires that even informal inquiries must comport with federal and State law, including NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975) and Garrity v. New Jersey, 385 U.S. 493 (1967). This Act requires that a detailed narrative of an internal investigation must be prepared by an investigating agency and publicly posted in any case involving use of force that results in serious physical injury; the discharge of a firearm; a sustained finding of sexual assault or sexual harassment; a sustained finding of dishonesty; or a sustained finding of domestic violence. Further, it requires that an investigation into officer misconduct must be completed, regardless of the employment status of the officer. I.e., even if an officer resigns or retires while an investigation is pending, the department must complete the investigation and report sustained findings of misconduct to the Council on Police Training. The Act also requires a department to provide information to a complainant or victim of officer misconduct sufficient to reasonably address concerns regarding the investigation and its outcome, including the investigative findings, conclusions, and any recommendations for further action. Finally, the Act requires, upon request of a defendant in a criminal or delinquency case, and through the Department of Justice, all existing records relating to sustained findings of misconduct relating to perjury, intentional false statements or false reports, or destruction, falsification, or concealment of evidence by an officer who participated in the investigation or prosecution. It also provides that law-enforcement officers must be required, upon hire, to sign an agreement allowing the hiring agency to provide copies of that officer’s personnel file and disciplinary and investigative records with any other law-enforcement agency that makes an offer or conditional offer of hire to that officer in the future. The CJC will aggregate and post all of the narratives required to be prepared under this chapter on its website, along with an annual report of the following: (1) The number of public complaints and internal complaints relating to police misconduct that the department received each year, broken down by subject matter of the complaint; (2) The number of formal investigations undertaken by the department each year, and the number of complaints resolved without a formal investigation; (3) The number of formal investigations that resulted in a sustained finding of misconduct, an unsubstantiated finding, or any other disposition. Records relating to any incident for which a detailed narrative is required to be prepared and posted must be preserved for at least 25 years. This Substitute differs from the original House Bill No. 205 as follows: 1. It adds sustained findings that a law-enforcement officer engaged in sexual harassment to the required public disclosures. 2. It broadens the requirement for public disclosures relating to sustained findings of dishonesty. 3. It limits the requirement for public disclosures relating to the discharge of a firearm to those instances where the firearm is discharged at a person. 4. It clarifies that the required disclosures apply to chiefs of police and other high ranking officials. 5. It moves all of the disclosures into a single section (§ 9210). 6. It requires, instead of permitting, that the victim or complainant with respect to misconduct must be told of the conclusion of the inquiry. 7. It clarifies that the public detailed narratives required for certain incidents is a prospective requirement, while disclosures in a criminal or delinquency matter pertain to all relevant existing records. 8. It requires additional disclosures to the defendant of investigations into dishonesty-related misconduct that occurred in the course of the investigation of the pending matter; requires law-enforcement agencies to disclose to the Department of Justice such records; and provides if the investigation finds the allegation unsubstantiated it may not be used in any criminal or delinquency proceeding. 9. Reinforces the duty of the State to preserve and disclose records underlying misconduct dealt with in this chapter. 10. Reverts references to the Police Officer Standards and Training Commission to Council on Police Training. 11. Sets a timeline for the preparation and posting of required public disclosures.
signed · Delaware · House Aug 3, 2023

HB 10: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE ELECTRIC SCHOOL BUS PROGRAM.

This Act establishes targets for annual purchase of electric school buses through fiscal year 2030, and requires the Department of Education to submit an annual implementation report through 2029 as well as a comprehensive report in 2030 detailing future recommendations for electric vehicle purchases and other measures to reduce the carbon and environmental impact of the State’s school transportation fleet.
Ed Osienski (D) Dave Wilson (R) Pete Schwartzkopf (D) Dave Sokola (D) Nicole Poore (D)
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