Sen. Marie Pinkney

This Act amends Chapter 1 of Title 15 and adds a Part VII and Chapter 81 to Title 15 of the Delaware Code to establish a “Delaware John Lewis Voting Rights Act,” (“the Act”). Section 1 of the Act amends Chapter 1 of Title 15 to provide definitions necessary for implementation of the Act. Chapter 1 is also amended to ensure that the purpose of Title 15 includes a stated public policy of equal opportunity to participate in the political process. Section 2 adds a “democracy canon” which instructs those charged with interpreting statutes, rules and regulations and local laws or ordinances related to the elective franchise to construe the election laws in favor of protecting and making accessible the right to vote. Section 3 of the Act adds a Part VII and Chapter 81 to Title 15 of the Delaware code to establish a “Delaware Voting Rights Act,” (“the Act”). Subchapter I of Part VII lists the mechanisms to challenge voting discrimination, specifying that election policy and practices approved by the General Assembly can be invalidated if they violate the Delaware Constitution, and stating that election laws or practices of a political subdivision or of officials with authority over elections acting within their discretionary authority may be invalidated if they cause prohibited voter suppression or dilution. Prohibited voter suppression prevents election policies or practices that result in, are likely to result in, or are motivated in whole or in part by the intent to result in: 1) a material disparity in voter participation, access to voting opportunities, or the opportunity or ability to participate in any stage of the political process between protected class members and other members of the electorate; or 2) based on the totality of the circumstances, an impairment of the equal opportunity or ability of protected class members to participate in any stage of the political process. A violation must be attributable to an action of the Department of Elections or a political subdivision. Voter suppression is not present where (i) the election policy or practice is necessary to significantly further an important and particularized governmental interest; and (ii) there is no alternative election policy or practice that results in a smaller disparity between protected class members and other members of the electorate. Voter suppression claims do not require evidence of intentional discrimination. Prohibited vote dilution prevents methods of election that have the effect, will likely have the effect, or are motivated in part by the intent of diluting the vote of protected class members. A violation is established when elections in the political subdivision exhibit racially polarized voting resulting in an impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice; or based on the totality of the circumstances, the equal opportunity, or ability of protected class members to nominate or elect candidates of their choice is impaired. To establish the violation, it must be shown that another method of election or changes to the existing method of election could constitutionally be adopted or ordered and would likely mitigate the impairment. Subchapter I also includes guidelines regarding voter suppression and voter dilution determinations under the Act. It outlines that legal standing will be conferred broadly under the Act, and individuals, organizations, or the Attorney General can bring actions to enforce the prohibitions in a court of competent jurisdiction. Plaintiffs are required in most circumstances to give defendants pre-suit notice under the Act, and defendants may prevent litigation by working with the potential plaintiff to implement a remedy to the alleged violation. Subchapter I also establishes a standard for evaluating a claim where a party seeks preliminary relief. The Subchapter also includes remedies that a court of competent jurisdictionis authorized to provide upon a finding of illegal voter suppression or dilution and allows attorneys’ fees for prevailing plaintiff parties in judicial actions and recovery of costs for those who submit a pre-suit notice letter when jurisdictions voluntarily enact changes after receiving said notice letter up to a $ 60,000 cap, adjusted for inflation. When an entity plans to voluntarily adopt a new election policy or practice after the filing of a lawsuit, the entity shall hold at least one public hearing at which members of the public may provide input regarding such draft or proposal. After the adoption of any remedy, the entity must hold at least one public education event during which they explain all changes to elections resulting from the remedy. Subchapter II of the Act requires the Department of Elections (“DOE”) to designate 1 or more languages, other than English, for which assistance will be available in elections for local offices if DOE finds that a significant and substantial need exists for such assistance. A finding of significant and substantial need is mandated when more than 2%, but in no instances fewer than 100, of the citizens of voting age of such jurisdiction speak a particular shared language other than English and are limited English proficient individuals or more than 1,000 of the citizens of voting age of such jurisdiction speak a particular shared language other than English and are limited English proficient individuals. DOE shall distribute to affected jurisdictions and publish annually on its website a list of each local office in which language assistance shall be provided and the languages that assistance will be provided in. The Subchapter requires affected local offices to provide this assistance and outlines the materials that are subject to language assistance. The Subchapter also requires DOE to establish a process, which shall include public comment, whereby electors and impacted organizations may petition DOE to decide that there is significant and substantial need for language assistance in a local office that DOE has not previously determined to have such significant and substantial need. The Subchapter also makes clear that limited English proficient individuals may receive assistance from a person of the voter’s choice when voting equivalent to the allowance given to voters with blindness, disability, or illiteracy. The Subchapter also indicates that individuals, organizations, or the Attorney General may bring an action in a court of competent jurisdiction to enforce the Subchapter, and that attorneys’ fees shall be made available to prevailing plaintiff parties. Subchapter III of the Act prevents intimidation, deception, or obstruction of the right to vote. Under the Subchapter, a person, whether acting under color of state law or otherwise, shall not engage in acts of intimidation, deception or obstruction that interfere with any elector’s right to vote and provides guidance regarding activity that would be considered intimidation, deception, or obstruction of the right to vote. Individuals, organizations, or the Attorney General may bring an action to enforce the prohibitions in a court of competent jurisdiction, and upon finding a violation, the court shall implement appropriate remedies that are tailored to remedy the violation. Damages available to a prevailing plaintiff party upon a finding of a violation include nominal damages for any violation and compensatory or punitive damages for any intentional violation. Attorney’s fees shall also be available for prevailing plaintiff parties. Section 4 of the bill declares that the Act is severable.

This Act clarifies that individual, group, and blanket health insurance carriers must provide for and pay for services (including immunizations) that were recommended by the Advisory Committee on Immunization Practices of the Center for Disease Control (CDC) and the comprehensive guidelines supported by the Health Resources and Services Administration (HRSA) that were in effect as of January 1, 2025. They must also cover immunizations that were supported by national clinical guidelines or national standards of care in effect on January 1, 2025. To that end, this Act removes provisions that permit carriers to deny coverage for these items or services simply because they are not currently recommended by the Advisory Committee on Immunization Practices of the CDC and the comprehensive guidelines supported by the HRSA. This Act also removes obsolete United States Preventative Task Force provisions related to breast cancer screening from 2009.

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 expands the scope of practice for dental hygienists in this State. Allowing dental hygienists to use the full range of their education and expertise when providing oral health services will help alleviate provider shortages that make it challenging for Delawareans to obtain dental care. In particular, this Act will help fill gaps in access to preventative oral health care. Oral health is inseparable from overall health, and patients are best served when care is delivered through an integrated, team-based model. Dental hygienists play a vital and respected role in prevention, education, and early identification of disease. A collaborative dental team where each provider practices at the top of their education within a structured system of referral, communication, and accountability ensures patients receive timely preventative services along with accurate diagnosis and appropriate treatment. This approach strengthens access while preserving the standard of care and protecting the public. This Act grants dental hygienists the authority to do all of the following, in addition to the services they currently provide: 1. Administer and dispense topical agents under the standing order of a dentist providing general supervision. 2. Prescribe, administer, and dispense fluoride under the standing order of a dentist providing general supervision 3. Apply sealants without the need for a dentist to examine a patient beforehand, provided a dentist will see the patient within 12 months of receiving treatment. 4. Engage in dental hygiene assessment and treatment planning within the scope of the authority of a dental hygienist as defined by the Board of Dentistry and Denal Hygiene based on education and experience. 5. Provide direct access to prophylaxis without the need for a dentist to examine a patient beforehand, provided a dentist will see the patient within 12 months of receiving treatment. 6. Directly supervise dental assistants in a manner to be prescribed by the Board of Dentistry and Dental Hygiene. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Joint Resolution directs the Department of Health & Social Services to explore and consider additional solutions for tackling the State's high cost of health care and to submit a report to the General Assembly by January 1, 2027, that explores the feasibility of additional strategies to lower health care costs. The report will explore updating the current Medicaid outlier methodology, ways to ensure further cost savings for 2027, and the feasibility of a statewide adoption of a global budget or 2-sided risk models, and will evaluate options for a public option or other publicly sponsored coverage strategy.

This Act amends section 137 of Title 17 of the Delaware Code to increase the requirement for a qualified independent appraisal from $10,000.00 to $25,000.00, to align with the current maximum threshold permitted by the Federal Highway Administration. This will allow DELDOT to more quickly complete smaller dispositions as property values continue to increase. This House Substitute corrects an error in the synopsis of the original bill.

This Act updates the school building maintenance standards to require the facilities evaluation instrument be established through regulation by the Department of Education rather than just through guidance from the Department. It also clarifies that the minimum standard of good repair facility category related to hazardous materials includes that of lead.

In 2004, the 142nd General Assembly passed House Bill No. 500 as amended by House Amendment No. 1, creating an Autism registration and surveillance program. Physicians, surgeons, dentists, podiatrists, or other healthcare practitioners are required to report occurrences using the established procedure or incur a fee of $100 for each violation of failure to report. The Department of Health & Social Services (DHSS) has received questions from providers about Delaware’s required Autism Surveillance and Registration Program and concerns about privacy, ethics, and the absence of parental consent to store this information. The Autism Surveillance and Registration Program was implemented in a passive approach, and the data collected is not used for analysis or review. The Division of Public Health’s current strategy around Autism is to promote awareness and encourage appropriate screenings. This Act repeals the Autism Surveillance and Registration Program and requires that protected health information collected at an individual level to be expunged under statutory confidentiality requirements.

This Act permits massage and bodywork therapists to obtain pre-licensing education in a hybrid format, as permitted by the Board of Massage and Bodywork’s rules and regulations. Rules and regulations will specify which subjects may be obtained through hybrid education to ensure proper training in the interests of public protection. This change is consistent with initiatives in other states, which have adopted more flexible learning models. This Act also strikes language pertaining to certified massage technicians because the Board no longer issues this type of license. Currently, licensed certified massage technicians may continue their licensure status with timely license renewal. Finally, revisions have been made to specify that licensees are massage and bodywork therapists, not massage or bodywork therapists, as indicated in the statute.

This Act modernizes Delaware law by adding modern medical treatment options biologics or biosimilars to the step therapy exception process. The current law was passed before biosimilars were widely available. Biosimilars are to biologics what generic drugs are to traditional drugs once their exclusivity expires. This revision adds an exclusion to step therapy protocol exceptions for interchangeable biologics and biosimilars.