This Act requires enhanced informed consent before administering vaccines to infants under 12 months of age. This Chapter shall be used to promote transparency in informed consent and thorough investigation of Sudden Unexpected Infant Deaths. Nothing in this chapter shall: (1) Create or imply any causal relationship between vaccination and sudden unexpected infant death, (2) Restrict discourage, or interfere with the administration or recommendation of vaccinations, (3) Alter the standard of care of the diagnosis of SUID, or (4) Create any new private right of action or expand existing liability for healthcare providers or medical examiners. Before a vaccine is given, the vaccine administrator must confirm with the parent or guardian that the healthcare provider fully explained the vaccine(s) and answered all questions. If questions remain, the questions must be answered before the vaccine is administered. The form used to verify the lot number of the vaccine must be altered to include a check box verifying discussion was completed and all questions answered. The Act also required documentation history of every SUID investigation and when death occurs within seven days of the vaccination, documentation consideration was given of any potential association consistent with CDC Guidelines, without creating any presumption of causation. These measures respond to the family's request for greater transparency following the loss of healthy infants while preserving access to recommended immunizations, and affirming nothing in this act implies a casual link between vaccination and SUID.
Sections 1 and 2 of this Act identify DHIN as the State’s sanctioned provider of Health Data Utility (HDU) services. The HDU concept arises and builds off of services provided by Health Information Exchanges (HIEs) such as DHIN. Including this language will align with DHIN’s development and assist the State in responding to federal and other grant funding opportunities that require or prefer collaboration with a sanctioned HDU. Section 2 of this Act is a clarifying provision that states DHIN’s ability to contract with organizations in furtherance of its mission in business arrangements that facilitate DHIN’s underlying mission, notwithstanding that those organizations may provide services (such as direct provision of treatment to patients) that DHIN does not directly provide under this chapter. It also makes a technical change to align the list of stakeholders identified with lists that appear elsewhere in the statute. Section 3 of this Act aligns DHIN’s use cases more clearly with the requirements of federal law that relate to using health data for analytic and research purposes, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Policy for Protection of Human Subjects (the Common Rule) and makes a technical correction to a description of DHIN processes. This change will also ensure consistency between permitted uses of claims data for research purposes and permitted uses of clinical data. Sections 4 and 5 clarify DHIN’s ability to incorporate clinically relevant information into a patient’s longitudinal record, excluding pricing information, for access as permitted by the laws and regulations governing DHIN’s HIE services. This clarification ensures patients will have access to the clinical information included in claims data for their own uses. Section 5 makes a technical correction to recognize that DHIN’s enabling legislation and applicable federal law do not permit DHIN to “report” data to the public that would be suitable for the public health improvement research and activities purposes designed to be encouraged by that section, and clarifies that the identified agencies will have access to the standardized claims data sets curated by DHIN from the Delaware Health Care Claims Database as otherwise permitted under this statute at no cost.
This House Substitute for House Bill No. 394 creates a process for which the Division of Public Health creates signage stating that energy drinks and caffeinated dietary supplements are not recommended for children, individuals sensitive to caffeine, pregnant women, or women who are nursing. Dealers of energy drinks and caffeinated dietary supplements are then required to display the sign in a publicly visible location next to the products.
This Act modernizes Delaware’s pharmacy practice laws by authorizing pharmacists to practice to the full extent of their education and training. Pharmacists have the expertise necessary to provide patient care beyond what current Delaware law allows, and enabling them to do so is an important step toward expanding access to health care in this State. Under this Act, pharmacists are permitted to independently evaluate patients, identify health conditions, order and prescribe laboratory tests, and prescribe drugs or devices without reliance on statewide protocols, formularies, or specified lists of conditions. Pharmacists may not prescribe controlled substances, with the exception of medications for the treatment of opioid use disorder, which pharmacists may only prescribe under a standing order from the Division of Public Health. In order to enable pharmacists to prescribe medications for the treatment of opioid use disorder under a standing order, this Act also amends the Uniform Controlled Susbstances Act in Chapter 47 of Title 16 to include “pharmacist” in the definition of “practitioner.” To ensure continuity of care, this Act also establishes requirements for documentation of treatment and communication with primary care providers. This Act takes effect immediately, but implementation is delayed by up to 1 year to give the Board of Pharmacy time to implement necessary regulations. This Act does not affect current law regarding the use of statewide protocols, standing orders, or collaborative practice agreements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act updates Delaware laws relating to Sexually Transmitted Disease (STD) prevention and control, much of which are outdated and do not reflect current research and medical practice. To that end, this Act does the following: (1) Clarifies that Sexually Transmitted Infections (STIs) are to be treated in the same manner as STDs. (2) Removes the requirement that reportable STDs be reported to DPH within 1 working day. (3) Repeals the provision permitting the Director of DPH to examine a person suspected of being infected with an STD and to order that person to isolate or quarantine. (4) Repeals the provision relating to apprehending, committing, mandating treatment, and quarantine of an infected person. (5) Repeals the provision permitting the Director to bring an action in the Justice of the Peace Court when a person suspected of having an STD presents an imminent danger to public health. (6) Removes the provisions concerning the DOC and DPH isolating or quarantining persons with suspected or known STDs. (7) Provides that health care providers must provide STD and STI testing, but that a pregnant person may refuse testing. Documentation of refusal must be retained in the patient’s medical record along with documentation of test counseling. (8) Repeals the provision permitting a DPH investigator without a medical license to withdraw blood for test purposes. (9) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This resolution urges Governor Meyer to submit a waiver request to the United States Department of Agriculture (USDA) seeking to prohibit the use of Supplemental Nutrition Assistance Program (SNAP) benefits for the purchase of candy and sugar-sweetened beverages. The resolution aligns with similar efforts in other states to promote healthier food choices among SNAP recipients and to ensure that taxpayer-funded nutrition programs support the health and well-being of low-income individuals and families. By eliminating “junk foods” from the list of eligible purchases, Delaware can take a meaningful step toward reducing diet-related chronic illnesses and strengthening the nutritional integrity of the SNAP program.
