CHAPTER 87 - DEPARTMENT OF HEALTH CONFERRING POWER TO INSPECT SANATORIA

AN ACT CONFERRING UPON THE STATE BOARD OF HEALTH THE POWER TO REGULATE AND INSPECT SANATORIA, REST HOMES, NURSING HOMES, BOARDING HOMES AND RELATED INSTITUTIONS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each House concurring therein):

Section 1. License Required:--No person, partnership, association, or corporation shall establish, conduct or maintain in the State of Delaware any sanatorium, rest home, nursing home, or boarding home for the care of human beings without first obtaining a license (permit) from the State Board of Health.

Section 2. Definition:--Sanatorium, rest home, nursing home, boarding home, and related institutions within the meaning of this act shall mean any institution, building, or agency in which accommodation is maintained, furnished, or offered for any fee, gift, compensation, or reward for the care of aged, infirm, chronically ill, or convalescent persons.

Section 3. Existing Sanatoria, etc.; to Obtain Licenses:--No person, partnership, association, or corporation may continue to operate an existing sanatorium, rest home, nursing home, or boarding home after June 30, 1945 unless such operation shall be approved and regularly licensed by the State Board of Health as hereinafter provided.

Section 4. Applications for Licenses:--Application for license to establish, maintain, or operate a sanatorium, rest home, nursing home, or boarding home shall be made to the State Board of Health on forms provided by the State Board of Health stating that the applicant is over 21 years of age, the type of institution to be operated, the location thereof, and the name of the person in charge.

Section 5. Inspections:--Every such institution for which a license has been issued shall be periodically inspected by a representative of the State Board of Health.


Section 6. The State Board of Health to Issue Licenses:-- The State Board of Health is hereby authorized to issue licenses to operate sanatoria, rest homes, nursing homes, boarding homes, or other related institutions as herein defined, which after inspection are found to comply with the provisions of this act and any reasonable regulations adopted by the said State Board of Health.

Section 7. Suspension or Revocation of Licenses by the State Board of Health:--The State Board of Health is authorized to suspend or revoke a license issued hereunder on any of the following grounds: (a) violation of any of the provisions of this act or the rules and regulations issued pursuant thereto; (b) permitting, aiding or abetting the commission of any illegal act in such institution; (c) conduct or practices detrimental to the welfare of the patient; provided, however, that before any such license issued hereunder is suspended or revoked, 30 days notice shall be given in writing to the holder of said license, during which time he may appeal for a hearing before the State Board of Health.

If and when the conditions upon which the suspension or revocation are based have been corrected and after a proper inspection has been made, a new license may be granted.

Section 8. Regulations:--The State Board of Health is herewith authorized to adopt, amend, or repeal regulations governing the operation of such institutions and shall. establigh reasonable standards of equipment, capacity, sanitation, and any other conditions which might influence the health or welfare of the inmates of such institutions.

Section 9. Violation and Penalty:--Any person who is violating any of the provisions of this Act shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than One Hundred Dollars ($100.00) and not less than Ten Dollars ($10.00). The Municipal Court of the City of Wilmington, the Court of Common Pleas for New Castle County, the Court of Common Pleas for Kent County, and Justices of the Peace shall have concurrent jurisdiction with the Court of General Sessions of the State of Delaware to hear, try, and finally determine all violations of any of the provisions of this Act committed within the territorial jurisdiction of any of said Courts and to punish all persons convicted of any such violations in the manner provided by law.

Approved April 24, 1945.