Delaware 152nd General Assembly (2023-2024) Status: Enacted 2 D cosponsors

HB 243 — AN ACT TO AMEND TITLES 16, 24, AND 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES.

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced June 21, 2023. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

This Act expands the qualifications for the Director of the Division of Public health to include non-physician professionals. It also allows for the Director to appoint a physician or advanced practice registered nurse in certain instances where that level of medical expertise is required to fulfill duties assigned to the Director.

Bill Text

What changed in the latest version

215 added · 9 removed

215 line(s) added, 9 removed.

→
Previous
Latest
Minor-Brown HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Minor-Brown & Sen.
1 TO HOUSE BILL NO.
Townsend HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE BILL NO.
243 AMEND House Bill No.
243 AN ACT TO AMEND TITLES 16, 24, AND 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES.
243 by inserting the following after line 194:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
“Section 9.
Section 1.
This Act expires 5 years after its enactment into law, unless otherwise provided by a subsequent act of the General Assembly.”.
Amend Chapter 5, Title 16 of the Delaware Code by making deleting as shown by strike through and insertions as shown by underline as follows:
SYNOPSIS This amendment provides that the Act will sunset 5 years from its enactment.
§ 505.
Communicable diseases;
regulations;
quarantine.
(a) From the list of notifiable diseases referred to in § 504 of this title, the Director of the Division of Public Health or the Director’s designee or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, may at any time declare certain diseases to be communicable and may by regulation lay down the procedure which is to be followed by the patient or person suffering therefrom, the parents of the patient, the householder, by the physician attending on the patient or any individual brought into contact with or responsible for the care or maintenance of the patient in order that the transference of the disease to other individual or individuals may be prevented.
§ 524.
Public health power to examine and order treatment.
(a) Subject to the provisions of § 526 of this title, a person with tuberculosis or a person reasonably suspected of being diseased with or exposed to tuberculosis shall report for a complete examination or treatment, as appropriate, to a physician licensed under Title 24, or shall submit to an examination or treatment, as appropriate, at a public health facility.
When a person has been diagnosed as having tuberculosis or has been determined to have been exposed to tuberculosis, said person shall continue to be prescribed treatment until such time as that treatment is no longer required as determined by the Director.
Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division.
(b) Subject to the provisions of § 526 of this title, the Division shall examine or cause to be examined, or treat or cause to be treated, any person who will not respond to voluntary treatment for tuberculosis.
The County Public Health Administrator shall go before the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, for a Director’s an order for involuntary examination and/or treatment of said person.
MAW Page 1 of 1 Released:
MAW Page 1 of 7 Released:
06/29/2023 11:57 AM 0281520072
06/21/2023 09:24 AM § 525.
Types of involuntary treatment:
Outpatient examination and treatment, directly observed therapy, hospitalization and residential isolation.
(a) Subject to the provisions of § 526 of this title, the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall order, as medically appropriate, a person with tuberculosis to undergo outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the general public in the home, as a result of the threat of harm to the person and the probable spread of tuberculosis, until such time as the disease is cured or the risk of infection to the general public is eliminated or reduced in such a manner that a substantial threat to the public’s health and welfare no longer exists.
(b) Subject to the provisions of § 526 of this title, a person who is infected with tuberculosis but is not infectious to others, and is a danger to himself or herself by resistance to treatment, and who refuses to adhere to a treatment regimen or to complete treatment, may be ordered by the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, to undergo outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the general public in the home, as a result of the increased risk that said persons will develop drug-resistant tuberculosis, which may pose a serious threat to the person and the general public.
§ 526.
Conditions under which orders can be issued by Director.
(a) No person may be ordered to undergo outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the general public in the home, except upon the order of the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, following a hearing where it is proven by clear and convincing evidence:
(c) The Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall order isolation in an alternative facility, if in the Director’s their judgment isolation in the person’s usual residence is inappropriate because of the possible infection of other persons living in or around that residence.
(e) An order requiring outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the public in the home shall be maintained until, in the opinion of the attending physician or the County Public Health Administrator, the person is cured or said person is no longer a substantial threat to himself or herself or to the public health.
Once the County Public Health Administrator finds the person no longer needs treatment, the County Public Health HD :
KL :
MAW Page 2 of 7 Released:
06/21/2023 09:24 AM Administrator will petition the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, to dismiss the order.
Once the matter is dismissed, said order cannot be reinstated unless the person is afforded all of the rights conferred in subsection (a) of this section.
(f) Any person who undergoes outpatient examination and treatment, directly observed therapy, hospitalization or isolation from the public in the home, or confinement, as a result of an order entered under this subchapter, may at any time petition the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, for immediate release and termination of the order.
(g) Any person petitioning the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, for immediate release and termination of the order entered under the authority of this subchapter shall show that the person is entitled to relief from the original order, or that:
(h) When considering a petition for imminent and substantial threat and prior to making any said release, the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall consult the County Public Health Administrator and the patient’s physician, if any, concerning the patient’s medical condition and other related factors that may affect the present and future danger to the patient or the public that may be caused by the release of the patient.
(i) Upon granting a petition for immediate release, the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall advise the County Public Health Administrator and other persons as may be appropriate about those conditions the Director believes they believe reasonably necessary to protect the patient or public from tuberculosis infection and disease.
(j) The Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall, for a period not exceeding 3 months, review the patient’s medical status provided to the Director by written report of the health care provider and determine whether a further hearing should be held for additional involuntary treatment within 14 working days of receipt of a written report of the medical status, and all rights pursuant to § 526(b) of this title will apply.
§ 527.
Show all 137 changed rows (97 more)
Previous
Latest
Order for emergency treatment.
HD :
KL :
MAW Page 3 of 7 Released:
06/21/2023 09:24 AM 84 (a) The County Public Health Administrator shall file a petition before the Director Division requesting that emergency treatment be ordered for a person infected with, or reasonably suspected of having, tuberculosis when the County Public Health Administrator has clear and convincing evidence, documented as facts in the petition, that:
(b) No emergency treatment order shall be issued unless the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, finds that:
(c) When issuing an emergency treatment order, the Director Division shall direct a peace officer or other designated transport personnel to immediately transport the person with tuberculosis as so ordered by the Director.
Director, or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division.
The peace officer shall take into custody and isolate the person in such a manner as required by the Director.
The Division will notify the peace officer or other designated transport personnel concerning any necessary infection control procedures to be taken.
§ 528.
Service of notice and processes;
duties of the peace officer.
(b) The Director, Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, in ordering directly observed therapy, hospitalization or isolation pursuant to this subchapter, shall when necessary direct the peace officer to take the person into their custody and immediately deliver them to the director of the facility named on the order.
The Division shall consult with the peace officer concerning any necessary infection control procedures to be taken.
Section 2.
Amend § 703, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 703.
Examination, investigation and treatment of suspected persons.
The Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall, when in the Director’s their own judgment it is necessary to protect the public health, make examinations of persons reasonably suspected of being infected with an STD of a communicable nature;
examine medical records of suspect or diagnosed cases which may be maintained by a health facility or health-care professional;
require persons infected with an STD of a communicable nature to report for treatment to a health-care professional, public or private, qualified to provide treatment and continue treatment until cured, if possible, and also, when in the Director’s own judgment judgment or, if the Director is not a licensed physician or advanced practice registered nurse, the judgment of a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, it is necessary to protect the public health, may HD :
KL :
MAW Page 4 of 7 Released:
06/21/2023 09:24 AM issue an order seeking to examine, isolate or quarantine persons infected with an STD of a communicable nature or persons suspected of being infected with an STD.
Section 3.
Amend § 804C, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 804C.
Newborn Screening Program.
(d) The Director of the Division of Public Health, Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, with advice from the Committee, will determine which disorders shall be on the screening panel.
Section 4.
Amend § 3003G, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(d) Each treatment protocol and standing order for the administration of an opioid antagonist under this section must be approved and signed by 1 of the following:
(1) The State EMS Medical Director.
(2) The Medical Director, Division of Public Health.
(3) Director of the Division of Public Health.
Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division.
Section 5.
Amend Chapter 98, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 9802.
Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(22) “Statewide ALS treatment protocol” shall mean written and uniform treatment and care plans for emergency and critical patients statewide that constitute the standing orders of paramedics.
The treatment protocol for advanced life support must be approved and signed by the State EMS Medical Director and the Director of the Division of Public Health, Department of Health and Social Services.
Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division.
The treatment protocol shall be prepared by the Board of Medical Licensure and Discipline.
In preparing and, from time to time, amending the statewide ALS treatment protocol, the HD :
KL :
MAW Page 5 of 7 Released:
06/21/2023 09:24 AM Board shall consult with the State EMS Medical Director and the ALS Standards Committee of the Board of Medical Licensure and Discipline.
(23) “Statewide BLS treatment protocol” shall mean written and uniform treatment and care plans for emergency and critical patients statewide that constitute the standing orders of basic life support providers.
The treatment protocol shall be prepared by the Board of Medical Licensure and Discipline.
The treatment protocol for basic life support must be approved and signed by the State EMS Medical Director, the BLS Medical Director and the Director of the Division of Public Health, Department of Health and Social Services.
Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division.
The treatment protocol for basic life support shall be adopted and enacted by the State Fire Prevention Commission.
In preparing and, from time to time, amending statewide BLS treatment protocol, the Board shall consult with the EMS Medical Director, the ALS Standards Commission and the State Fire Prevention Commission.
The Statewide BLS treatment protocol shall be adopted by June 30, 2000, and in use by all EMS providers by January 1, 2002.
§ 9806.
EMS medical directors.
(d) The EMS medical directors shall be appointed by the Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, who shall consult with the Board of Medical Licensure and Discipline as part of the selection process.
Section 6.
Amend § 9906, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 9906.
Creation of a Board.
(b) The Board shall consist of 17 members, 1 of whom shall be a member of the Delaware Health Care Commission, to be appointed by the Delaware Health Care Commission;
3 of whom shall be appointed by the Christiana Care Health Services;
6 of whom shall be appointed by the Governor, consisting of 1 public member from each county and 1 public member from the City of Wilmington and 2 members representing medical residency programs in the State, other than those operated by the Christiana Care Health Services;
1 of whom shall be appointed by the Association of Delaware Hospitals to represent hospitals in Kent and Sussex Counties;
1 of whom shall be appointed by the Delaware Higher Education Office, subject to the approval of the Secretary of Education;
3 of whom shall be appointed by the University of Delaware, including representation from the College of Nursing;
and 1 of whom shall be appointed by Delaware State University.
The Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice HD :
KL :
MAW Page 6 of 7 Released:
06/21/2023 09:24 AM registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, shall serve as an ex officio member.
Section 7.
Amend § 1710, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1710.
Composition.
(b) The Board consists of 16 voting members appointed by the Governor, which shall be composed of the following members:
(4) The Director of the Division of Public Health.
Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division.
Section 8.
Amend § 7903, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 7903.
Powers, duties and functions of the Secretary.
The Secretary may:
(2) Appoint and fix the salary, with the written approval of the Governor, of the Deputy Secretary and the following division directors and office heads, who may be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary:
a.
A Director of the Division of Public Health, who shall be known as the Director of Public Health, and who shall be a licensed physician who shall have had at least 1 year of postgraduate training in public health, or in lieu thereof at least 5 years of experience as a full-time health official;
someone qualified by training, education, experience, or ability to perform the duties of Director;
SYNOPSIS This Act expands the qualifications for the Director of the Division of Public health to include non-physician professionals.
It also allows for the Director to appoint a physician or advanced practice registered nurse in certain instances where that level of medical expertise is required to fulfill duties assigned to the Director.
HD :
KL :
MAW Page 7 of 7 Released:
06/21/2023 09:24 AM 0281520068
View plain text versions (2)

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Suspension of Rules in Senate

  4. Assigned to Health & Social Services Committee in Senate

  5. Passed By House. Votes: 24 YES 17 ABSENT

  6. Amendment HA 1 to HB 243 - Passed In House by Voice Vote

  7. Amendment HA 1 to HB 243 - Introduced and Placed With Bill

  8. Reported Out of Committee (Health & Human Development) in House with 10 On Its Merits

  9. Introduced and Assigned to Health & Human Development Committee in House

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 0 co-sponsors · 60 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (60)

60 members have not signed on to this bill.

Show all 60 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Republican 6000
Unaffiliated 2000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 24 Yea · 0 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 6002
Democratic 18002
Republican 00013
Total 240017
% of votes cast 59%0%0%41%
How each member voted (41)
Member Party Vote
Michael Ramone — Not Voting
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Not Voting
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Not Voting
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Not Voting
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Not Voting
Charles S Postles Jr. Republican Not Voting
Daniel B. Short Republican Not Voting
Jeff Hilovsky Republican Not Voting
Jeffrey N. Spiegelman Republican Not Voting
Jesse R. Vanderwende Republican Not Voting
Kevin S Hensley Republican Not Voting
Lyndon D. Yearick Republican Not Voting
Michael F. Smith Republican Not Voting
Richard G. Collins Republican Not Voting
Ronald E. Gray Republican Not Voting
Shannon Morris Republican Not Voting
Timothy D. Dukes Republican Not Voting

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 243 do?
This Act expands the qualifications for the Director of the Division of Public health to include non-physician professionals. It also allows for the Director to appoint a physician or advanced practice registered nurse in certain instances where that level of medical expertise is required to fulfill duties assigned to the Director.
Who sponsors HB 243?
HB 243 is sponsored by Bryan Townsend (Democratic) and Melissa Minor-Brown (Democratic).
What is the current status of HB 243?
This bill has been enacted into law. Introduced June 21, 2023. Enacted.
Where can I track HB 243?
Track HB 243 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 243

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Stay ahead of HB 243

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →