CHAPTER 431

FORMERLY

SENATE BILL NO. 372

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATED TO HEALTH AND SAFETY IN ORDER TO IMPLEMENT RECOMMENDATIONS OF THE TASK FORCE ON CANCER INCIDENCE AND MORTALITY AND IMPROVE THE QUALITY OF CANCER REGISTRY REPORTING.

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 Section 3204(2), Title 16 of the Delaware Code by substituting the number “180” for the number “90” in the first sentence of that Section.

Section 2. Amend Section 3204(2), Title 16 of the Delaware Code by striking the second sentence and replacing it with the following:

“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, along with information regarding the patient’s length of residency in Delaware, primary residential address in Delaware, and the location and nature of the patient’s primary past employment.”

Section 3. Amend Chapter 32, Title 16 of the Delaware Code by redesignating Section 3207 as Section 3208, and adding a new Section 3207 to read as follows:

Ҥ 3207. Audit and Abstraction of Records by Department.

(1) Upon request of a person or organization required to report by Section 3204, the Department may audit records and abstract information that is required to be reported.

(2) Any person or organization failing to report as required by this Chapter shall permit the Department to audit records and abstract information that is required to be reported.

(3) The Department may charge a fee to be established by regulation to persons and organizations subjected to an audit pursuant to subsections (1) or (2) of this Section. Said person or organization shall reimburse the Department.”

Section 4. The Department shall promulgate regulations to effectuate the provisions of this Act, along with any other regulations required by Title 16, Section 3204, by January 1, 2003.

Approved August 20, 2002