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SPONSOR: Rep. Morrison & Sen. Pinkney
Reps. Neal, Burns, Gorman, K. Johnson; Sens. Sturgeon,
Cruce
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 346
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SEXUALLY TRANSMITTED
DISEASE PREVENTION AND CONTROL.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend Subchapter I, Chapter 7, Title 16 of the Delaware Code by making deletions as shown by strike
2 through and insertions as shown by underline as follows:
3 Subchapter I. Sexually Transmitted Disease Prevention and Control
4 § 701. Definitions.
5 (a) “Director” means the Director of the Division of Public Health or the Director’s authorized deputies within
6 their respective jurisdictions.
7 (b) “Expedited partner therapy” means the clinical practice of treating the sex partners of patients diagnosed with a
8 sexually transmitted disease without clinical assessment of the partners.
9 (c) “Health-care practitioner” means a physician or an individual licensed and authorized to prescribe under Title
10 24.
11 (d) “Health-care professional” means any physician, nurse, laboratory or blood bank technologist or technician,
12 and any others whose professions involve the diagnosis, care, or treatment of individuals or the testing of bodily specimens
13 for the purpose of finding evidence of disease.
14 (e) “Health facility” means a hospital, nursing home, clinic, blood bank, blood center, sperm bank, laboratory, or
15 other health-care institution whether public or private.
16 (f) “Invasive medical procedures” means surgical entry into tissues, cavities, or organs.
17 (g) “Sexually transmitted diseases” or “STD” (formerly referred to as “venereal diseases”), means diseases
18 designated by the Department of Health and Social Services as reportable through rules and regulations published by the
19 Department of Health and Social Services under § 702 of this title upon finding that such disease meets both of the
20 following:
21 (1) Cause significant morbidity and mortality.
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22 (2) Can be screened, diagnosed, and treated in a public health control program, or if not, are a major public
23 health concern such that surveillance of disease occurrence is in the public interest.
24 (f) “Sexually transmitted infection” or “STI” means infections for which the primary route of spread is through
25 sexual contact including vaginal, anal, or oral sex, or other contact with internal or external genitalia.
26 (g) “Sexually transmitted disease” or “STD” refers to the presence of signs, symptoms, or diagnostic test findings
27 manifesting in an individual as a result of a sexually transmitted infection.
28 (h) “Suspect” means an individual falling into 1 or more of the following categories:
29 (1) An individual having positive laboratory or clinical findings of an STI or STD.
30 (2) An individual in whom epidemiologic evidence indicates an STI or STD may exist.
31 (3) An individual identified as a sexual contact of an STI or STD case.
32 § 702. Reporting and Prevention of STIs and STDs.
33 (a) A physician or any other health-care professional who diagnoses, suspects suspects, or treats a reportable STI
34 or STD and every administrator of a health facility or state, county or city prison at a Department of Correction facility in
35 which there is a case of a reportable STI or STD shall must report such case to the Division of Public Health specifying the
36 infected person’s name, address, age, sex sex, and race as well as the date of onset, name and stage of disease, type and
37 amount of treatment given given, and the name and address of the submitting health professional professional. within 1
38 working day. Certain STDs, which shall be identified by the Department of Health and Social Services, shall be reported in
39 number only and in a manner determined by the Department of Health and Social Services.
40 (b) Any person who is in charge of a clinical or hospital laboratory, blood bank, mobile unit unit, or other facility
41 in which a laboratory examination of any specimen derived from a human body yields microscopical, cultural, serological
42 serological, or other evidence suggestive of a reportable STI or STD shall must notify the Division of Public Health of its
43 findings findings. within 1 working day. The Department of Health and Social Services may require the notification to
44 contain any information necessary to achieve the purposes of this chapter including the tests performed and the results, the
45 name, age, race, sex sex, and address of the persons from whom the specimen was obtained, the reason why the test was
46 performed performed, and the name and address of the physician and that of the processing clinical laboratory. Certain
47 STDs, which shall be identified by the Department of Health and Social Services, shall be reported in number only and in a
48 manner determined by the Department of Health and Social Services.
49 (c) The Department of Health and Social Services shall prescribe the form and method of reporting to the Division
50 of Public Health which may be in writing, by telephone, by electronic data transmission or by other means.
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51 (d) All reports and notifications made pursuant to this section are confidential and protected from release except
52 under the provisions of §§ 710 and 711 of this title. From information received from laboratory notifications, the Division
53 of Public Health may contact attending physicians. The Division of Public Health shall inform the attending physician, if
54 the notification indicates the person has an attending physician, before contacting a person from whom a specimen was
55 obtained. However, if delays resulting from informing the physician may enhance the spread of the STI or STD, or
56 otherwise endanger the health of either individuals or the public, the Division of Health may contact the person without first
57 informing the attending physician.
58 (e) Any laboratory which examines specimens for the purpose of finding evidence of an STI or STD shall permit
59 the Division of Public Health to examine the records of said laboratory in order to evaluate compliance with this section.
60 (f) Any health-care professional or other person making the reports required by this section shall be free of any
61 liability or any cause of action arising out of the making of such report if such health-care professional or other person acts
62 without malice and has made a reasonable effort to obtain the facts upon which the report is based.
63 (g) The Director or designated employee of the Division must take action to prevent and control the spread of
64 disease upon receiving notice of a case, or a suspected case of a reportable STI or STD. Such designated employee may be
65 an employee working within the STD program of the Division and may be a clinician or non-clinician who has received
66 training in the control and prevention of STIs or STDs.
67 § 703. Examination, investigation and treatment of suspected persons [Effective until July 17, 2028].
68 The Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed
69 physician or advanced practice registered nurse designated by the Director and employed by the Division, shall, when in
70 their own judgment it is necessary to protect the public health, make examinations of persons reasonably suspected of being
71 infected with an STD of a communicable nature; examine medical records of suspect or diagnosed cases which may be
72 maintained by a health facility or health-care professional; require persons infected with an STD of a communicable nature
73 to report for treatment to a health-care professional, public or private, qualified to provide treatment and continue treatment
74 until cured, if possible, and also, when in the Director’s own judgment or, if the Director is not a licensed physician or
75 advanced practice registered nurse, the judgment of a licensed physician or advanced practice registered nurse designated
76 by the Director and employed by the Division, it is necessary to protect the public health, may issue an order seeking to
77 examine, isolate or quarantine persons infected with an STD of a communicable nature or persons suspected of being
78 infected with an STD. [Repealed.]
79 § 703. Examination, investigation and treatment of suspected persons [Effective July 17, 2028].
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80 The Director shall, when in the Director’s own judgment it is necessary to protect the public health, make
81 examinations of persons reasonably suspected of being infected with an STD of a communicable nature; examine medical
82 records of suspect or diagnosed cases which may be maintained by a health facility or health-care professional; require
83 persons infected with an STD of a communicable nature to report for treatment to a health-care professional, public or
84 private, qualified to provide treatment and continue treatment until cured, if possible, and also, when in the Director’s own
85 judgment it is necessary to protect the public health, may issue an order seeking to examine, isolate or quarantine persons
86 infected with an STD of a communicable nature or persons suspected of being infected with an STD. [Repealed].
87 § 703A. Expedited partner therapy.
88 (b) A health-care practitioner who provides expedited partner therapy shall provide counseling for the patient,
89 including advice that all symptomatic individuals, and in particular women with symptoms suggestive of pelvic
90 inflammatory disease, are encouraged to seek medical attention. The health-care practitioner shall also provide written
91 materials, provided by the Department of Health and Social Services, to be given by the patient to the sexual partner. The
92 written materials must include the following:
93 (4) The requirement of abstinence until a period of time after treatment to prevent infecting others.
94 Notification of the importance of abstaining from sexual activity until completion of treatment and for the
95 recommended post-treatment period.
96 § 704. Procedure for apprehension, commitment, treatment and quarantine of an infected person.
97 (a) Orders directed to persons with an STD of a communicable nature or restrictive measures on individuals with a
98 communicable STD, as described in this section and in § 705 of this title shall be used when other measures to protect the
99 public health have failed, including reasonable efforts, which shall be documented, to obtain the voluntary cooperation of
100 the individual who may be subject to such an order.
101 (b) When the Director knows or has reason to believe, because of medical or epidemiological information, that a
102 person has an STD of a communicable nature and is a danger to the public health, the Director may issue an order to:
103 (1) Require the person to be examined and tested to determine whether the person has an STD of a
104 communicable nature;
105 (2) Require the person with an STD of a communicable nature to report to a qualified health care professional
106 for counseling on the disease and for information on how to avoid infecting others;
107 (3) Direct a person with an STD of a communicable nature to cease and desist from specified conduct which
108 endangers the health of others when the Director has determined that reliable information exists to believe that such
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109 person has been ordered to report for counseling as provided in paragraph (b)(2) of this section and continues to
110 demonstrate behavior which endangers the health of others.
111 (c) If a person violates a cease and desist order issued pursuant to paragraph (b)(3) of this section and it is shown
112 that the person is a danger to others, the Director may enforce the cease and desist order by imposing such restrictions upon
113 the person as are necessary to prevent the specific conduct which endangers the health of others. Any restriction shall be in
114 writing, setting forth the name of the person to be restricted and the initial period of time, not to exceed 3 months, during
115 which the order shall remain effective, the terms of the restrictions and such other conditions as may be necessary to protect
116 the public health. The Director shall review appeals for reconsideration from the subject of the order issued pursuant to this
117 subsection.
118 (d) (1) Any order by the Director pursuant to subsection (b) or (c) of this section shall indicate to the subject of the
119 order the grounds and provisions of the order and notify such person that if the person refuses to comply with the order the
120 person has a right to be present at a judicial hearing in the Justice of the Peace Court to review the order and that the person
121 may have an attorney appear on the person’s behalf in said hearing. Notice of any order by the Director shall either be by
122 personal service or by prepaid certified mail, return receipt requested, at the subject’s last known address.
123 (2) If the subject of the order refuses to comply with the order the Director may petition the Justice of the
124 Peace Court for an order of compliance with such order. If an order of compliance is requested, the Court shall hear the
125 matter within 10 days after the request. Notice of the place, date and time of the court hearing shall be made by
126 personal service or, if the person is not available, shall be mailed to the subject of the order by prepaid certified mail,
127 return receipt requested, at the person’s last known address. The burden of proof shall be on the Director to show by
128 clear and convincing evidence that the specified grounds exist for the issuance of the order and for the need for
129 compliance and that the terms and conditions imposed are necessary to protect the public health. Upon conclusion of
130 the hearing, the Court shall issue appropriate orders affirming, modifying or dismissing the order.
131 (3) If the Director does not petition the Justice of the Peace Court for an order of compliance within 30 days
132 after the subject of the order refuses to comply, the Director’s order shall expire automatically and upon application to
133 the Director by the subject of the order, the fact that the order was issued shall be expunged from the records of the
134 Division of Public Health.
135 (e) Any hearing conducted pursuant to this section shall be closed and confidential, and any transcripts or records
136 relating thereto shall also be confidential. [Repealed.]
137 § 705. Emergency public health procedures.
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138 (a) When the procedures of § 704 of this title have been exhausted or cannot be satisfied as a result of threatened
139 criminal behavior and the Director knows or has reason to believe, because of medical or epidemiological information, that
140 a person has an STD of a communicable nature and that such person presents an imminent danger to the public health, the
141 Director may bring an action in the Justice of the Peace Court, seeking the following relief:
142 (1) An injunction prohibiting such person from engaging in or continuing to engage in specific conduct which
143 endangers the public health;
144 (2) Other appropriate court orders including, but not limited to, an order to take such person into custody, for a
145 period not to exceed 72 hours, and place such person in a facility designated or approved by the Director.
146 (b) A custody order issued pursuant to subsection (a) of this section for the purpose of counseling and testing to
147 determine whether such person has an STD of a communicable nature shall provide for the immediate release from custody
148 and from the facility of any person who tests negative and may provide for counseling or other appropriate measures to be
149 imposed on any person who tests positive. The subject of the order shall be given notice of the order promptly, personally
150 and confidentially, stating the grounds and provisions of the order and notifying such person that if that person refuses to
151 comply with such order that person has a right to be present at a hearing to review the order and that such person may have
152 an attorney appear on that person’s own behalf at the hearing. If such person contests testing or treatment, no invasive
153 medical procedures shall be carried out prior to a hearing being held pursuant to subsection (c) of this section. Nothing in
154 this section shall be construed to deny a person, as an exercise of religious freedom, the right to rely solely on spiritual
155 means through prayer to prevent or cure disease, provided that the person complies with all control measures, other than
156 treatment, imposed by the health authority or the department that are reasonable and necessary to prevent the introduction,
157 transmission and spread of the disease.
158 (c) Any order issued by the Justice of the Peace Court pursuant to subsection (a) or (b) of this section shall be
159 subject to review in a court hearing. Notice of the place, date and time of the court hearing shall be given promptly,
160 personally and confidentially to the subject of the court order by the sheriff of the appropriate county or by special process
161 server appointed by the Court. Such hearing shall be conducted by the Court no later than 48 hours after the issuance of the
162 order. Such person has a right to be present at the hearing and may have an attorney appear on that person’s own behalf at
163 the hearing. Upon conclusion of the hearing, the Court shall issue appropriate orders affirming, modifying or dismissing the
164 order.
165 (d) The burden of proof shall be on the Director to show by clear and convincing evidence that grounds exist for
166 the issuance of any court order pursuant to subsection (a), (b) or (c) of this section.
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167 (e) Any hearing conducted by the Justice of the Peace Court pursuant to subsection (a), (b) or (c) of this section
168 shall be closed and confidential, and any transcripts or records relating thereto shall also be confidential.
169 (f) Any order entered by the Justice of the Peace Court pursuant to subsection (a), (b) or (c) of this section shall
170 impose terms and conditions no more restrictive than necessary to protect the public health. [Repealed.]
171 § 706. Examination and treatment of prisoners. offenders in the custody of the Department of Correction.
172 (a) Prison authorities of any state, county or city prison shall ensure that all persons confined or imprisoned in their
173 respective prisons The Department of Correction must ensure that offenders in their custody are provided services for the
174 examination, treatment and cure, if possible, of STIs or STDs as may be required according to accepted medical practice.
175 Prison medical staff shall must adhere to current STI or STD medical protocols established by the Division of Public Health
176 for persons confined or imprisoned; shall must inform the Division of Public Health when a person or persons infected with
177 or suspected to have an STI or STD is released from prison without completing appropriate treatment, counseling
178 counseling, or examination; and shall must allow the Division of Public Health to examine medical records or other
179 medical information to ensure that appropriate STI or STD medical practices are followed.
180 (b) Prison authorities of any state, county or city prison shall make available to the Division of Public Health such
181 portion of any state, county or city prison as may be necessary to isolate or quarantine persons known or suspected to have
182 an STD of a communicable nature under the provisions of §§ 703, 704 and 705 of this title, provided that no other suitable
183 place for such isolation or quarantine is available, and shall cooperate with the Division of Public Health in the provision of
184 care and treatment to such persons.
185 § 707. Rules and regulations of Department.
186 (a) The Department of Health and Social Services shall make such rules and regulations as may in its judgment be
187 necessary to carry out the provisions of this chapter, including rules and regulations designating STDs to be reported,
188 providing for the control and treatment of persons isolated or quarantined, and such other rules and regulations, not in
189 conflict with the provisions of this chapter, concerning the control of STDs, and concerning the care, treatment and
190 quarantine of persons infected therewith, as it may from time to time deem advisable.
191 (a) The Department of Health and Social Services shall promulgate regulations necessary to carry out the
192 provisions of this subchapter, including:
193 (1) Designation of reportable STIs or STDs.
194 (2) Procedures around the verification of the diagnosis, the investigations made to determine the source of
195 infection, and other appropriate actions to prevent or control the spread of a reportable STI or STD.
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196 (b) Regulations promulgated under this subchapter must be consistent with procedures established for
197 communicable diseases in Chapter 5 of this title and with the nature and circumstances of the reportable STI or STD.
198 (b) (c) All rules and regulations made pursuant to this chapter subchapter shall have the force and effect of law.
199 (c) (d) The Department of Health and Social Services shall create the written materials required under § 703A of
200 this title.
201 § 708. Prenatal standard tests for syphilis, gonorrhea, chlamydia chlamydia, and other STDs.
202 (a) Every health-care professional qualified to attend a pregnant woman in this State during gestation shall take or
203 cause to be taken suitable specimens of such woman and submit such specimens to an approved laboratory for standard
204 tests for syphilis and gonorrhea, chlamydia and other such tests for STDs as may be designated by the Department of
205 Health and Social Services. Every other person permitted by law to attend upon pregnant women in the State but not
206 permitted by law to take such specimens shall cause such specimens of such pregnant woman to be taken by a qualified
207 health-care professional and submitted to an approved laboratory for standard tests for gonorrhea, syphilis and chlamydia
208 and other such tests for STDs as may be designated by the Department of Health and Social Services. The specimens shall
209 be taken at the time of the first examination relating to the current pregnancy and a second specimen during the third
210 trimester of pregnancy which is in addition to or exclusive of the test taken at delivery. Every pregnant woman shall permit
211 the specimens to be taken by a qualified health care professional as herein provided. However, the Director or the
212 Director’s authorized deputy within the county wherein any person affected by this section resides may waive the
213 requirements of this section if the Director or deputy is satisfied by written affidavit or other notarized written proof that the
214 tests required by this section are contrary to the tenets and practices of the religious teachings of which the applicant is an
215 adherent, and that the public health and welfare would not be injuriously affected by such waiver.
216 (b) The term “approved laboratory” means a laboratory approved for this purpose by the Department of Health and
217 Social Services. Standard tests for syphilis, chlamydia and gonorrhea are ones recognized as such by the Department of
218 Health and Social Services.
219 (c) The laboratory tests required by this section shall be made on request without charge by the Department of
220 Health and Social Services.
221 (a) All health-care providers caring for pregnant persons must offer testing for STIs, STDs, and other relevant
222 infections as prescribed by the American College of Obstetricians and Gynecologists (ACOG) including testing for
223 syphilis, gonorrhea, chlamydia, hepatitis, and human immunodeficiency virus (HIV). Testing must be done as early as
224 possible upon intake into prenatal care and subsequently at the intervals and time points prescribed by the ACOG.
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225 (b) A pregnant person has the right to refuse consent to testing at any instance of testing and to refuse
226 recommended treatment. Documentation of such refusal must be maintained in the patient’s medical record.
227 (c) Patients refusing testing must be counseled by their healthcare provider on the risks associated with failing to
228 recognize and treat STIs or STDs in pregnancy. Documentation of such counseling must be maintained in the patient’s
229 medical records.
230 § 709. Authority to perform venipuncture.
231 Notwithstanding any other provision of law, a person employed by or detailed to the Division of Public Health as
232 an STD case investigator may perform venipuncture or skin puncture for the purpose of withdrawing blood for test
233 purposes, even though the STD case investigator is not otherwise licensed to withdraw blood; provided that such person
234 meets all the following requirements:
235 (1) The person works under the direction of licensed physician.
236 (2) The person has been trained by a licensed physician in the proper procedures to be employed when
237 withdrawing blood, in accordance with training requirements established by the Division of Public Health, and has a
238 statement signed by the instructing physician that such training has been completed. [Repealed.]
239 § 710. Minors — Treatment, consent, and liability for payment for care.
240 Any health facility or health-care professional may examine and provide treatment for an STI or STD for any
241 minor if such facility or professional is qualified to provide such examination or treatment. Consent to examination and
242 treatment by a minor shall be is controlled by §§ 707 and 708 of Title 13. The health-care professional in charge or other
243 appropriate authority of the health facility or the health-care professional concerned shall prescribe an appropriate course of
244 treatment for such minor. The fact of consultation, examination examination, and treatment of such minor shall be strictly
245 confidential and shall must not be divulged by the facility or the health-care professional, including sending of a bill for
246 such services to any persons other than the minor, except as follows:
247 (1) To persons providing consent pursuant to § 707 of Title 13 or persons informed of the minor’s testing and
248 treatment under § 708 of Title 13; Title 13.
249 (2) As is necessary to comply with the requirements of Chapter 9 of this title relating to child abuse
250 investigations; or investigations.
251 (3) As is necessary to comply with the requirements of this chapter concerning the control and treatment of
252 STIs or STDs, as well as the permitted dissemination of records and information under § 711 of this title.
253 § 711. Confidentiality of records and information.
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254 All information and records held by the Division of Public Health relating to known or suspected causes cases of
255 STD, STIs or STDs, including infection with human immunodeficiency virus (HIV), (HIV) the virus causing Acquired
256 Immunodeficiency Syndrome (AIDS), shall be are strictly confidential. Such information shall may not be released or made
257 public upon subpoena or otherwise, except that release may be made under any of the following circumstances:
258 (1) Release is made of medical or epidemiological information for statistical purposes so that no person can be
259 identified; identified.
260 (2) Release is made of medical or epidemiological information with the consent of all persons identified in the
261 information released; released.
262 (3) Release is made of medical or epidemiological information to medical personnel, appropriate state
263 agencies, including the Maternal and Child Death Review Commission, or state courts to the extent required to enforce
264 the provisions of this chapter and related rules and regulations concerning the control and treatment of STIs or STDs,
265 or as related to child abuse investigations pursuant to Chapter 9 of this title, or as related to Maternal and Child Death
266 Review Commission investigations pursuant to subchapter II of Chapter 3 of Title 31; Title 31.
267 (4) Release is made of medical or epidemiological information to medical personnel in a medical emergency
268 to the extent necessary to protect the health or life of the named party; or party.
269 (5) Release is made during the course of civil or criminal litigation to a person allowed access to said records
270 by a court order which is issued in compliance with the following provisions:
271 a. No court of this State shall issue such order unless the court finds that the person seeking the records
272 and information has demonstrated a compelling need for such records which cannot be accommodated by other
273 means. In assessing compelling need, the court shall weigh the need for disclosure against the privacy interest of
274 the subject and the public interest which may be disserved by disclosure which deters future testing and treatment
275 or which may lead to discrimination.
276 b. Pleadings pertaining to disclosure of such records shall substitute a pseudonym for the true name of the
277 subject of the records. The disclosure to the parties of the subject’s true name shall be must be communicated
278 confidentially, in documents not filed with the court.
279 c. Before granting any such order, the court shall provide the subject whose records are in question with
280 notice and a reasonable opportunity to participate in the proceedings if the subject is not already a party.
281 d. Court proceedings as to disclosure of such records shall be conducted in camera unless the subject
282 agrees to a hearing in open court or unless the court determines that a public hearing is necessary to the public
283 interest and the proper administration of justice.
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284 e. Upon the issuance of an order to disclose such records, the court shall impose appropriate safeguards
285 against unauthorized disclosure, which shall specify the persons who may have access to the information, the
286 purposes for which the information shall be used, and appropriate prohibitions on future disclosures.
287 § 712. Custodian of records.
288 No Department of Public Health and Social Services or local health department officer or employee shall be
289 examined in a civil, criminal, special or other proceeding as to the existence or contents of pertinent records for a person
290 examined or treated for an STI, STD STD, or HIV infection by the Division of Public Health, or of the existence of
291 contents of such reports received from a private health-care professional or private health facility, without the consent of the
292 person examined and treated for such diseases, except where the information in such records is disclosed pursuant to § 710
293 or § 711(2), (3) or (5) of this title.
294 § 713. Penalties; jurisdiction.
295 (a) Except for § 702 of this title, whoever violates this chapter or any lawful rule or regulations made by the
296 Department of Health and Social Services under § 707 of this title, or fails to obey any lawful order issued by the Director
297 under this chapter shall be fined not less than $100 nor more than $1,000.
298 (b) Whoever violates § 702 of this title shall be fined not less than $25 and not more than $200 for each offense.
299 (c) Each separate day that a violation of this chapter as defined under subsections (a) and (b) of this section
300 continues shall be deemed a separate offense for penalty purposes.
301 (d) Justices of the peace shall have jurisdiction of offenses under this chapter.
SYNOPSIS
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.
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