CHAPTER 334

FORMERLY

HOUSE BILL NO. 980

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND PART III, TITLE 16 OF THE DELAWARE CODE RELATING TO HEALTH AND SAFETY; AND PROVIDING FOR CANCER REGISTRATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Part III, Title 16 of the Delaware Code by adding thereto a new Chapter, designated as Chapter 32, which new chapter shall read as follows:

"CHAPTER 32. REGISTRATION OF CERTAIN DISEASES §3201. Short Title

This Chapter may be cited as the Delaware Cancer Control Act. §3202. Purpose

It is the intent of the legislature to require the establishment and maintenance of a cancer registry for the State of Delaware. This responsibility is delegated to the Department of Health and Social Services, along with authority to exercise certain powers to implement this requirement. To insure an accurate and continuing source of data concerning cancer and certain specified tumors of a benign nature, the legislature by this Chapter requires all hospitals, clinical laboratories, and cancer treatment centers within the State to make available to the Department of Health and Social Services information contained in the medical records of patients who have cancer or specified tumors of a benign nature. It is intended that the product of these efforts will be a central data bank of accurate, precise and current information regarding the subject diseases.

§3203. 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:

(1) "'Department' means the State of Delaware, Department of Health and Social Services.

(2) 'Cancer' includes a large group of diseases characterized by uncontrolled growth and spread of abnormal cells; any condition of tumors having the properties of anaplasia, invasion, and metastasis; a cellular tumor, the natural course of which is fatal; and malignant neoplasm.

(3) Specified tumors of a benign nature include all intracranial tumors, all spinal cord tumors, polycythemia vera, chronic lymphoproliferative disease, mixed tumors of the parotid glands, hydatidiform mole and any other tumors as may be specified by the Department.

(4) 'Tumorous Disease' means a growth of tissue in which the multiplication of cells is uncontrolled and progressive, also called neoplasm. It is a swelling,

enlargement, or abnormal mass, either benign or malignant, which performs no useful purpose.

§3204. Cancer Registry.

(a) The Department shall establish and maintain an up-to-date registry which shall include every case of cancer, or specified tumors of a benign nature, that may occur in Delaware.

(b) The Department shalt require the reporting of cases of cancer or specified tumors of a benign nature, and the submission of such specified additional information on reported cases as the Department deems necessary and appropriate for the recognition, prevention, cure or control of such diseases.

(c) The notices required by this section shall be upon forms supplied by the Department, and shall contain such information as shall be required by the Department.

§3205. Reports *Laboratories

Whenever an examination of a tissue specimen in a laboratory discloses the existence of cancer or specified tumors of a benign nature, the person in charge of such laboratory or the person making such examination, shall immediately report the same together with all the facts in connection therewith to the designated representative of the Department to whom a physician is required to report such cases pursuant to this section.

§3206. Public and Private Institutions

The person in charge of every hospital, dispensary, asylum or other similar public or private institution shall immediately give notice of every case .of cancer or specified tumors of a benign nature coming under the care of the institution to the representative of the Department to whom a physician Is required to report such cases pursuant to this section.

§3207. Confidentiality of Reports

The reports of cancer eases made pursuant to the provisions of this Chapter shall not be divulged nor made public so as to disclose the identity of any person to whom they relate.

No individual or organization providing information to the Department in accordance with this Act shalt be deemed to be, or held liable for, divulging confidential information.

§3208. Medical Examinations; Compulsion Prohibited

Nothing in this Chapter shall be construed to compel any individual to submit to medical or Health Department examination or supervision.

§3209. Violations

Any violation of this section shall subject the violator to a $100 fine for each and every violation."