CHAPTER 391

FORMERLY

HOUSE BILL NO. 501

AS AMENDED BY HOUSE AMENDMENT NOS. 1 & 3

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE REGARDING THE CANCER CONTROL ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 32, Title 16 of the Delaware Code by striking Chapter 32 in its entirety and by substituting in lieu thereof the following:

"CHAPTER 32. CANCER CONTROL ACT

§ 3201. Short title.

This chapter may be cited as the Delaware Cancer Control Act.

§ 3202. Purpose.

The intent of the General Assembly is to require the establishment and maintenance of a cancer registry for the State. This responsibility is delegated to the Department of Health and Social Services, along with the 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 General Assembly by this Chapter requires certain health care practitioners and 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 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' means any malignant neoplasm, regardless of the tissue of origin, that appears on the American College of Surgeons most recently published annual list of reportable cancers and benign tumors.

(3) `Benign tumor' means any nonmalignant neoplasm, regardless of the tissue of origin, that appears on the American College of Surgeons most recently published annual list of reportable cancers and benign tumors.

§ 3204. Cancer registry.

The Department shall adopt, promulgate, amend, and repeal any rules and regulations that are consistent with law relative to this Chapter and necessary to achieve the purpose and requirements of this Chapter. These rules and regulations shall include provisions for:

(a) the establishment and maintenance of an up-to-date registry that shall document every occurrence of cancer and of benign tumor in this State;

(b) the establishment of a procedure for reporting to the Department, within 90 days of initial diagnosis or treatment, every occurrence of cancer and of benign tumor in this State. Such procedure shall include the reporting of specified information that the Department deems necessary and appropriate for the recognition, prevention, control, or cure of cancer and benign tumors, and shall minimally include the reporting requirements of the National Cancer Data Base established by the American College of Surgeons. Those required to report to the Department occurrences of cancer and benign tumors shall include:

(1) any physician, surgeon, dentist, podiatrist, or other health care practitioner who diagnoses or provides treatment for cancer or benign tumors;

(2) the designated representative of any hospital, dispensary, asylum, or other similar public or private institution that diagnoses or provides treatment for cancer or benign tumors; and

(3) the designated representative of any laboratory that examines tissue specimens which disclose the existence of cancer or benign tumor;

(c) the establishment of a procedure for the publication and distribution of forms, instructions, and notices required by this Chapter or necessary to accomplish the purpose of this Chapter; and

(d) the establishment of a procedure to obtain follow-up information from those required to report occurrences of cancer and benign tumors pursuant to this Chapter. Any follow-up information deemed necessary by the Department shall be submitted to the Department at least one time each year by those required to report occurrences of cancer and benign tumors.

(e) The provisions of this Chapter and any rules or regulations issued pursuant to this Chapter shall not apply to any person or private institution that, as an exercise of religious freedom, treats the sick or suffering by spiritual means through prayer alone.

§ 3205. Confidentiality of reports.

(a) Any report of an occurrence of cancer or benign tumor made pursuant to this Chapter shall not be divulged nor made public in any way that might tend to disclose the identity of the person to whom it relates. However, patient-identifying information may be exchanged among cancer control agencies as authorized by the Department and upon receipt by the Department of satisfactory assurances by those agencies of the preservation of the confidentiality of such information.

(b) No individual or organization providing information to the Department in accordance with this Chapter shall be deemed to be, or held liable for, divulging confidential information.

§ 3206. Compulsion prohibited.

Nothing in this Chapter shall be construed to compel any individual to submit to any medical or public health examination, treatment, or supervision.

§ 3207. Violations.

Any person or entity who violates any provision of this chapter shall be fined $100.00 for each violation."

Approved June 25, 1996