| HB 21 w/ SA 1 | Signed | K. Williams | This Act bans the sale of Tianeptine in the State by identifying it as a Schedule I controlled substance. Tianeptine, also known as “gas station heroin,” is an antidepressant drug that is not approved by the FDA and is being sold as a dietary supplement in gas stations and other shops. This Act requires approval by a two-thirds vote because the statutory change will result in the expansion of an existing misdemeanor. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO TIANEPTINE. |
| HB 3 | Signed | Neal | This Act creates a breastfeeding and lactation program within the DOC to provide lactation support to women in DOC custody. Among other things, it permits women to collect breast milk for later retrieval and delivery to an infant or toddler by an approved person. It also requires the DOC to provide nutrition information and a meal plan specific to pregnant, post-partum, or lactating women, based on national best practices. This Act further requires that DOC publish an annual report regarding the number of participants in the program and the nature of services provided. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BREASTFEEDING. |
| HB 53 w/ HA 1 | Signed | Morrison | This Act broadens the scope of a special fund administered by the Office of the Deaf and Hard of Hearing that provides telecommunications assistance to Delaware residents who have deafness, hearing loss, or speech disabilities related to deafness or hearing loss. This Act authorizes the office to provide residents with assistive devices that facilitate communication or provide users with information pertaining to emergencies. It also authorizes the Office to employ individuals to administer the program, provide education, and manage program resources. This Act adds restrictions on how money in the Fund may be spent and requires a three-month reserve be maintained to ensure financial solvency of the Fund.
This Act also requires the Office of the Deaf and Hard of Hearing to file an annual report with the Governor, the Chief Clerk of the House, and the Secretary of the Senate concerning the performance of the fund in the previous fiscal year. | AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO TELECOMMUNICATIONS SERVICE AND DEVICES FOR PERSONS WHO HAVE DEAFNESS, HEARING LOSS, OR SPEECH DISABILITIES. |
| HB 56 | Signed | Morrison | Excess skin and subcutaneous tissue can create a risk of rashes or infections, make walking and movement difficult, and make everyday chores difficult. An example of treatment that removes excess skin and subcutaneous tissue is a panniculectomy. A panniculectomy is an operative procedure that contours, or changes the shape and form, of the abdomen by removing significant excess skin and subcutaneous tissue. Removal of excess skin and subcutaneous tissue can improve a patient’s health and quality of life.
This Act requires individual health insurance plans delivered under Chapter 33 of Title 18 and group and blanket health insurance plans delivered under Chapter 35 of Title 18 to cover medically necessary removal of excess skin and subcutaneous tissue, including panniculectomies. This Act also requires the State employee health insurance plan and State Medicaid plans to cover medically necessary removal of excess skin and subcutaneous tissue, including panniculectomies. Medically necessary means as defined in § 3371(8) for individual health insurance plans and as defined in § 3581(8) for group and blanket health insurance plans, State employee health insurance plans, and State Medicaid plans.
This Act applies to all policies, contracts, or certicates issued, renewed, modified, alterered, amended, or resissued after December 31, 2026. | AN ACT TO AMEND TITLES 18, 29, AND 31 OF THE DELAWARE CODE RELATING TO COVERAGE FOR REMOVAL OF EXCESS SKIN AND SUBCUTANEOUS TISSUE. |
| SB 92 | Signed | Poore | Section 2527 of Title 16, which will become effective on September 30, 2025, originates from Section 27 of the Uniform Law Commission’s Uniform Health-Care Decisions Act. The Uniform Law Commission found that the word “other” was added in error to the final Uniform Health-Care Decisions Act. This Act adopts this correction by deleting the word “other” from § 2527 of Title 16.
This Act takes effect on September 30, 2025, to coincide with the effective date of § 2527 of Title 16. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM HEALTH-CARE DECISIONS ACT. |
| SB 93 | Signed | Poore | This Act updates the terminology used to describe or citations used to reference those who make financial or health-care decisions on behalf of a principal or individual, including when that principal or individual lacks capacity. This Act takes effect on September 30, 2025, to coincide with when the Delaware Uniform Health-Care Decisions Act of 2023 (DUHCDA 2023) takes effect.
Section 1 of this Act amends § 3982 of Title 12 by:
(1) Removing the phrase “durable power of attorney for health-care decisions” and instead citing to the definition of “advance health-care directive” under DUHCDA 2023. A durable power of attorney for health-care decisions, or other similar variations on that phrase, are synonyms for a power of attorney for health care. A power of attorney for health care is included in the definition of advance health-care directive under DUHCDA 2023.
For shorthand, elsewhere in this Synopsis this change will be referred to as “citing to the DUHCDA 2023 to remove synonyms.”
(2) Changing "surrogate" to "default surrogate" to align with the new definitions of "surrogate" and "default surrogate" under DUHCDA 2023.
For shorthand, elsewhere in this Synopsis this change will be referred to as “aligning the term ‘surrogate’ with the DUHCDA 2023”.
(3) Added reference to an agent under a durable power of attorney to § 3983(4)a. since it is in § 3983(4)b. and those paragraphs should mirror each other, as paragraph (4)a. handles a situation when there is no decision maker willing or able to serve and paragraph (4)b. addresses a situation where a decision maker is determined unsuitable.
Section 2 of this Act amends § 3983 of Title 12 by aligning the term ‘surrogate’ with the DUHCDA 2023.
Section 3 of this Act amends § 1121 of Title 16 by:
(1) Completing the list of internal citations.
(2) Repealing § 1121(b)(40) because § 1122 defines the decision makers to whom third-party decision making passes when an individual lacks capacity to make decisions. Additionally, § 1121 is where resident rights are listed, not the rights of third parties.
Section 4 of this Act revises § 1122 of Title 16 by:
(1) Revising the description of legal standards for when decision making authority passes to a third party under the processes listed, including deleting that a standard is when a resident is "unable to communicate with others" and adding a reference to federal law since a representative payee under § 205(j) of the Social Security Act is included in the list.
(2) Citing to the DUHCDA 2023 to remove synonyms.
(3) Aligning the term ‘surrogate’ with the DUHCDA 2023.
Section 5 of this Act amends § 1145 of Title 16 by:
(1) Citing to the DUHCDA 2023 to remove synonyms.
(2) Aligning the term ‘surrogate’ with the DUHCDA 2023.
Section 6 of this Act amends § 2503A of Title 16 by:
(1) Citing to the DUHCDA 2023 to remove synonyms.
(2) Aligning the term ‘surrogate’ with the DUHCDA 2023.
Section 7 of this Act amends § 5530 of Title 16 by:
(1) Citing to the DUHCDA 2023 to remove synonyms.
(2) Repealing subsection (e) because it refers to a list of individuals that was removed by SB 309 (GA 152) in favor of citing directly to DUHCDA 2023.
Section 8 of this Act amends § 5531 of Title 16 by citing to the DUHCDA 2023 to remove synonyms.
Section 9 of this Act amends § 2718 of Title 21 by:
(1) Correcting the word “advanced” to “advance” in “advance care directive”.
(2) Listing the advance planning documents referenced in the citation to § 9706(h) of Title 16. Section 9706(h) allows the promulgation of regulations related to EMS provider compliance with identified advance planning documents. It is not the section that establishes or defines the advance planning documents.
Section 10 of this Act amends § 3912 of Title 31 by changing the term “power of attorney” to “agent” because an agent is the actor whereas the power of attorney is the document or grant of authority to act as agent.
Section 11 of this Act is an effective date. This Act takes effect on September 30, 2025.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND TITLE 12, TITLE 16, TITLE 21, AND TITLE 31 OF THE DELAWARE CODE RELATING TO THIRD-PARTY DECISION MAKING. |
| SS 1 for SB 101 | Signed | Poore | This Act is a substitute for Senate Bill No. 101. It makes no substantive changes to Senate Bill No. 101 other than substituting the synopsis language from the prior bill for the new synopsis, as follows:
This Act resolves a conflict between the Uniform Controlled Substances Act which requires an in-person examination to prescribe controlled substances for treatment of Opioid Use Disorder (OUD) and Delaware's telehealth regulations, the Telehealth Access Act which does not require an in-person examination. This bill connects and clarifies the two regulations by modifying the "patient-practitioner relationship" definition in Chapter 47, Title 16, the Uniform Controlled Substances Act, to include a practitioner treating OUD via telemedicine with Schedule III through V medication. The guardrails included in this short addition include: limiting the medication to only Schedule III through V, which has been approved by the FDA for the treatment of OUD and citing to the thorough requirements for establishing a provider-patient relationship under Section 6003 of Title 24, the 2021 Telehealth Access Act, which addresses requirements such as standard of care, medical record keeping, consent, and medical board oversight. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF THE PATIENT-PRACTITIONER RELATIONSHIP. |
| SB 129 | Signed | Hansen | Senate Bill 166, passed in 2022, created the Prescription Opioid Impact Fund as part of an overall structure that would both maximize the monies paid by settling Opioids defendants to Delaware and to create a structure whereby those settlement monies could be managed and distributed on a statewide basis through a stakeholder-informed process. The complete legislation is found at Title 16 of the Delaware Code, Chapter 48B, Sections 4801B through 4809B. Chapter 48B applied to settlements with entities, and did not apply to bankruptcies. This is because the bankruptcy process itself extinguishes claims and thus provides the necessary “global peace” for settling parties. At the time SB 166 was passed, it was contemplated that, in the context of the Purdue Pharma bankruptcy, the Sackler family members would obtain this type of bankruptcy-style discharge and release. However, in the summer of 2024, the United States Supreme Court ruled that such a discharge was impermissible. This decision thus required that the states negotiate a non-bankruptcy settlement with the Sacklers, which the Delaware Department has since been pursuing diligently.
As announced on January 23, 2025, the Delaware Department of Justice has reached a proposed settlement-in-principle with Purdue Pharma and the Sackler family. In order to once again maximize the amount of Sackler money that Delaware will receive, it is now necessary to update the statutory bar created by the SB 166 to account for the fact that the Sackler family members are “individuals” not “entities." Consequently, the Delaware Department of Justice is recommending the amendments to Chapter 48B of Title 16 reflected in this Act.
| AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PRESCRIPTION OPIOID FUNDS AND LITIGATION AUTHORITY. |
| SB 138 w/ SA 1 | Signed | Mantzavinos | This Act makes changes to Chapter 103 of Title 16, pertaining to the Delaware Health Information Network (“DHIN”).
Section 1 makes a technical correction.
Section 2 updates the composition of DHIN’s Board of Directors (“Board”) to reflect recent practice with respect to Governor-appointed boards. It removes the concept of positions held for certain groups or industries and replaces it with a general obligation to appoint members broadly representative of DHIN’s stakeholder groups and the general public, with an emphasis on individuals with particular expertise that will benefit DHIN and its public mission. It also reduces the size of the board from 19 to 13 members to align with the historical size of DHIN’s Board and to implement current best practices with respect to Board size, and specifies that a member’s term may end before 3 years if the member resigns or is removed.
Sections 3 and 4 are cleanup provisions that remove references to the rules and regulations of the Health Care Commission that previously governed DHIN’s operations, but that have been replaced by DHIN’s own rules and regulations. Section 3 also updates the statute to reflect DHIN’s preferred nomenclature as it relates to data senders, data recipients, and other users of DHIN’s service. Section 3 does not change DHIN’s ability to charge fees for services.
Section 5 removes a reference to the Delaware Center for Health Innovation, which is no longer operating, and replaces it with a reference to the State. Section 5 also defines “Triple Aim”.
Section 6 removes a reference to Statement 6 of the Department of Justice and Federal Trade Commission Enforcement Policy as it relates to antitrust regulations on the exchange of price and cost information. Statement 6 was withdrawn by the Biden Administration in February 2023. The new language leaves open the possibility that additional guidance will be provided in the future and provides that any release of information will need to comply with the antitrust rules and regulations in effect at that time.
| AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HEALTH INFORMATION NETWORK. |
| SB 152 | Signed | Pinkney | This Act adds that the Director or Deputy Director of the Division of Family Services may have a designee consent to voluntary admission and sign for admission to a psychiatric hospital for youth in DFS custody. This reflects best practices and matches the current process for surgical consents for youth in DFS custody, and under DFS policy, a designee may only act as a designee to take such action with the direct approval of the Director or Deputy Director. | AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO VOLUNTARY ADMISSIONS. |
| SB 160 | Signed | Poore | This Act requires the Department of Health and Social Services, in consultation with the Department of Education, to post existing materials on type 1 diabetes to their website. Each local education agency shall make the informational materials available to the parents or guardians of students enrolled in their schools. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PROVIDING INFORMATION ON TYPE 1 DIABETES. |
| SS 1 for SB 134 | Signed | Seigfried | Under Chapter 69 of Title 29 of the Delaware Code, the Section of Government Support Services in the Office of Management and Budget ("Section") is responsible for effectuating the State’s procurement process.
This Act is a Substitute for Senate Bill No. 134. Like Senate Bill No. 134, this Act seeks to modernize the definition of reverse auctions.
This Act differs from Senate Bill No. 134 by providing that the Section is permitted to use reverse auctions only in the procurement of professional services for or related to pharmaceuticals or pharmacy benefits management services. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO REVERSE AUCTIONS. |
| HB 205 w/ HA 1, HA 2 | Signed | Romer | The purpose of this Act is to protect medical providers in the State from out-of-state lawsuits and investigations that threaten the practice of medicine in the State. To that end this Act does the following:
1) Clarifies that physicians, physician assistants, and nurses that provide lawful healthcare services in the State do not engage in unprofessional conduct and cannot be disciplined for such services even if such services are illegal or considered to be unprofessional conduct or the unauthorized practice of medicine or nursing in another state.
2) In a civil action or proceeding, prohibits any healthcare provider from disclosing communications and records concerning healthcare services unless the patient authorizes such disclosure, with some exceptions.
3) Provides protections from civil and criminal actions that arise in another state that are based on the provision of health care services that are legal in Delaware.
4) Creates a cause of action for persons against whom a judgment was entered in another state based upon that person allegedly providing, receiving, or helping another person to provide healthcare services that are lawful in Delaware. (This does not apply to an action where no part of the acts that formed the basis for liability occurred in Delaware.)
5) Prohibits an insurer from taking an adverse action against a healthcare provider or organization for performing or providing healthcare services that are lawful in this State.
6) Prohibits any State or local agency, commission, board, or department from assisting a federal law-enforcement agency, another state’s law-enforcement agency, a private citizen, or a quasi-law-enforcement agency in relation to an investigation or inquiry concerning the lawfulness of healthcare services, if such services would be lawful as provided if they occurred entirely in the State.
| AN ACT TO AMEND TITLES 10, 11, 18, 24, AND 29 OF THE DELAWARE CODE RELATING TO HEALTHCARE SERVICES. |
| HB 209 | Signed | Griffith | This Act updates a cross-reference to regulations under the Patient Protection and Affordable Care Act. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH CARE AND THE PATIENT PROTECTION AND AFFORDABLE CARE ACT. |
| SJR 9 | Signed | Hansen | This Joint Resolution designates August 31, 2025, as "International Overdose Awareness Day" in the State of Delaware and requires that in observance, the State flag be flown at half-staff at State facilities. By recognizing International Overdose Awareness Day, this Joint Resolution affirms the importance of overdose awareness, remembers those who have died from overdose, and acknowledges the grief suffered from losing a loved one to overdose. | DESIGNATING AUGUST 31, 2025, AS "INTERNATIONAL OVERDOSE AWARENESS DAY" IN THE STATE OF DELAWARE AND REQUIRING THE STATE FLAG TO BE FLOWN AT HALF-STAFF IN OBSERVANCE. |
| SB 182 | Signed | Poore | This Act allows drug manufacturers or their agents and wholesalers to ship dialysate drugs and devices directly to home dialysis patients without a pharmacy license. | AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PHARMACY. |
| SJR 11 w/ SA 1 | Signed | Pinkney | This Senate Joint Resolution establishes the Juvenile Justice Educational Transitions Task Force to propose a plan to ensure more successful transitions of youth from Delaware’s secured post-adjudicatory residential placement back into middle school or high school, including consideration of a new educational facility specifically targeted at transition of those youth. | ESTABLISHING THE DELAWARE JUVENILE JUSTICE EDUCATIONAL TRANSITIONS TASK FORCE TO STUDY AND MAKE FINDINGS AND RECOMMENDATIONS REGARDING RE-ENTRY INTO COMMUNITY-BASED SCHOOLS AFTER INCARCERATION. |
| HS 2 for HB 70 w/ HA 1 + SA 2 | Signed | Harris | In addition to other changes, this Substitute requires that a feasibility study be completed by March 1, 2026, a year before the remainder of this Act will be enforced. It also adds 5 additional members to the Committee issuing the feasibility review and appoints the Director of DSHA, or the Director’s designee, as the chair of this Committee. It also directs the Committee to answer a number of specific questions about the feasibility of this Act.
Similar to HS 1 to HB 70, HS 2 to HB 70 differentiates between large property owners and small property owners, recognizing that smaller property owners may find lead certification to be prohibitively expensive and may need more time and assistance to comply with this Act. To that end, this Substitute bill defines large property owners as persons that own or control 20 or more rental units, while small property owners are defined as persons who control fewer than 20 rental units. In addition to different deadlines, small property owners may certify a multi-unit property by inspecting only 5 units of the property. All owners may request a certificate deferral if lead inspectors or certified contractors are not available or if remediation or abatement would create a significant economic burden on the property owner. Unlike HB 70, small and large property owners must obtain lead free or lead safe certification before a rental unit is turned over to a new tenant, but no later than 4 years after the Act is implemented.
As in HB 70, if the rental unit is uninhabitable, the landlord must provide alternative housing while the unit undergoes lead abatement or remediation. Recertification for lead safe units must occur prior to commencement of any rental agreement more than 4 years after the date the unit was last certified. Units must be recertified as lead free or lead safe if a lead-based paint hazard is discovered in the rental unit or if individuals residing in the unit develop elevated lead blood levels.
Similar to HB 70, this Act creates a Lead-based Paint Hazard Control Grant and Loan Program. Preference for grants must be given to families with young children, pregnant individuals, or tenants regularly visited by children under 6 years old. For landlords with 5 or few units, grants or loans may be issued for 100% of the costs incurred to obtain certification. For landlords with 6-19 units, 50% of the costs may be covered by the fund. A landlord may not raise the rent on a rental unit that benefits from a grant or loan under this program for 3 years. It also permits the lead-based paint hazard control grant and loan program to issue loans to large property owners for 10% of the costs associated with lead abatement or remediation if the landlord can show the expenditure would be a significant financial burden.
This Substitute bill further requires DHSS to provide an annual report to the Governor and the General Assembly regarding the number and types of certifications issued under this Act, as well as any violations or civil penalties issued. Prior to filing a complaint for eviction, this Substitute bill requires the landlord to provide documentation that the property in question is in compliance with this Act. No documentation is required if a complaint is filed because the tenant refuses to provide reasonable access to the rental unit so that the landlord may comply with this chapter.
As in HB 70, this Act also does the following: (1) Establishes a Lead-Based Paint Remediation Certification Committee to study the available workforce and available public funding to support the inspection and remediation efforts required by this Act along with the feasibility of meeting deadlines established under this Act. (2) Prohibits landlords from discriminating against individuals because they make a complaint or assist in an investigation or proceeding relating to a lead-based paint hazard in a rental unit or premises. (3) Prohibits landlords from discriminating against individuals residing in a unit who have elevated blood lead levels or children or pregnant individuals who may be affected by lead-based paint hazards. (4) Requires that contractors performing lead-based paint abatement or remediation under the Delaware State Lead-Based Paint Program provide for the safety of workers performing lead-based paint remediation work, including free blood testing for workers at least every 3 months.
Aside from the feasibility review, this Act will not be implemented or enforced until March 1, 2027.
| AN ACT TO AMEND TITLES 16 AND 25 OF THE DELAWARE CODE RELATING TO LEAD-BASED PAINT. |
