CHAPTER 591

AN ACT AMENDING TITLES 11, 16, 29 AND 31, DELAWARE CODE, PROVIDING FOR OMNIBUS AMENDMENTS AND CORRECTIONS RELATING TO THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES AS PROVIDED IN TITLE 29, DELAWARE CODE, CHAPTER 79.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 16, Delaware Code, Section 101, is hereby amended by adding thereto the following:

"Secretary" means the Secretary of the Department of Health and Social Services.

Section 2. Title 16, Delaware Code, Sections 102, 103, 105, 106, 109 and 111 are hereby repealed in their entirety.

Section 3. Title 16, Delaware Code, Section 107 (a), is hereby amended by striking therefrom the word "Executive".

Section 4. Title 16, Delaware Code, Section 108, is hereby amended by striking therefrom the words "and of the Executive Secretary," and "or the Executive Secretary".

Section 5. Title 16, Delaware Code, Section 112, is hereby amended by striking therefrom the words "Executive Secretary thereof" and inserting in lieu thereof the word "Secretary".

Section 6. Title 16, Delaware Code, Section 124, is hereby amended by striking therefrom the words "or its Executive Secretary".

Section 7. Title 16, Delaware Code, Section 124, is hereby amended by striking therefrom the words "Executive Secretary of the State Board and approved by the President thereof" and inserting in lieu thereof the word "Board".

Section 8. Title 16, Delaware Code, Section 127 (a), is hereby amended by striking therefrom the words "by the Executive Secretary or committees of the Board".

Section 9. Title 16, Delaware Code, Section 127 (b), is hereby amended by striking therefrom the words "President may direct any member of the Board or the Executive Secretary to" and inserting in lieu thereof the words "Board may".

Section 10. Title 16, Delaware Code, Section 127 (b), is hereby amended by striking therefrom the words "the member or Executive Secretary" and inserting in lieu thereof the word "it"

Section 11. Title 16, Delaware Code, Section 127 (b), is hereby amended by striking therefrom the entire last sentence thereof.

Section 12. Title 16, Delaware Code, Section 128, is hereby amended by striking therefrom the words "or the Executive Secretary thereof on the order of the President of the Board", "or the Executive Secretary thereof" and "or its Executive Secretary".

Section 13. Title 16, Delaware Code, Section 506, is hereby amended by striking therefrom the words "The Executive Secretary of".

Section 14. Title 16, Delaware Code, Section 3104, is hereby amended by striking therefrom the words "Executive Secretary of the State Board of Health" and inserting in lieu thereof the words "Director of Physical Health of the Department of Health and Social Services".

Section 15. Title 16, Delaware Code, Section 3106, is hereby amended by striking therefrom the words "the Executive Secretary of".

Section 16. Title 16, Delaware Code, Section 704 (a) and (c), are amended by striking therefrom the words "Executive Secretary of the State Board of Health" and inserting in lieu thereof the words "Secretary of Health and Social Services or his duly authorized designee".

Section 17. Title 16, Delaware Code, Section 7404 (c) is hereby amended by striking the words "the State Board of Health" in the second sentence thereof and the words "the Board" in the third sentence thereof and inserting in lieu thereof the words "the Department of Health and Social Services".

Section 18. Title 31, Delaware Code, Sections 2801, 2802, 2803, 2804 and 2805, are hereby repealed in their entirety.

Section 19. Title 31, Delaware Code, Section 2806, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the words "Secretary of the Department of Health and Social Services".

Section 20. Title 31, Delaware Code, Sections 2820, 2821, 2822, 2830 and 2831, are hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the words "State Board of Health".

Section 21. Title 16, Delaware Code, Sections 5102 and 5103, are hereby repealed in their entirety.

Section 22. Title 16, Delaware Code, Section 5101, is hereby amended by striking the section in, its entirety and inserting in lieu thereof the following:

§ 5101. Definitions

As used in this Title:

(a) "The State Board of Trustees of the Delaware State Hospital" or "Board of Trustees" or "State Board" or "State Board of Trustees" or "State Board of Trustees of the Hospital" or "Board of Trustees of the Hospital" or the "Board" or the "Board of Trustees of the Department of Mental Health" shall mean the Department of Health and Social Services.

() "Superintendent", except in this subchapter, or "Commissioner" or "Commissioner of the Department of Mental Health" or "Assistant Superintendent" shall mean Secretary of the Department of Health and Social Services.

() "Department" or "Department of Mental Health" shall mean Department of Health and Social Services.

Section 23. Title 16, Delaware Code, Section 5108, is hereby amended by striking therefrom the words "President and Secretary of the Board of Trustees" and inserting in lieu thereof the words "Secretary".

Section 24. Title 16, Delaware Code, Section 5141, is hereby amended by striking therefrom the words "State Psychiatrist" and inserting in lieu thereof the word "Secretary".

Section 25. Title 16, Delaware Code, Section 5153, is hereby amended by striking therefrom the words "State Psychiatrist" and inserting in lieu thereof the word "Secretary".

Section 26. Title 16, Delaware Code, Section 5303, is hereby amended by striking therefrom the words "State Psychiatrist" and inserting in lieu thereof the words "Secretary of the Department of Health and Social Services".

Section 27. Title 16, Delaware Code, Section 5306, is hereby amended by striking therefrom the words "President and Secretary of the State Board of Trustees" and inserting in lieu thereof the words "Secretary of the Department of Health and Social Services".

Section 28. Title 16, Delaware Code, Section 5902, is hereby amended by striking therefrom the words "State Psychiatrist of Delaware" and inserting in lieu thereof the words "Secretary of the Department of Health and Social Services".

Section 29. Title 16, Delaware Code, Section 6102, is hereby amended by striking therefrom the words "Commissioner of the Department of Mental Health" and inserting in lieu thereof the words "Secretary of the Department of Health and Social Services".

Section 30. Title 31, Delaware Code, Section 101, is hereby amended by striking the section in its entirety and inserting in lieu thereof a new section to be designated and to read as follows;

§ 101. Definitions

As used in this Title:

(a) "Board" or "Department" or "Department of Public Welfare" or "Board of Welfare" means the Department of Health and Social Services.

(b) "Secretary" or "Director" means Secretary of the Department of Health and Social Services.

Section 31. Title 31, Delaware Code, Sections 102, 103, 104 and 108, are hereby repealed in their entirety.

Section 32. Title 31, Delaware Code, Section 109, is hereby amended by striking therefrom the words "Director of Welfare" and inserting in lieu thereof the word "Secretary".

Section 33. Title 31, Delaware Code, Sections 111 and 112, are hereby amended by striking therefrom the words "Director of Welfare, with the concurrence of the Board" and inserting in lieu thereof the word "Secretary".

Section 34. Title 31, Delaware Code, Section 502, is hereby amended by striking therefrom the following:

"Board" means the Board of Welfare;

"Department" means the Department of Public Welfare;

"Director" means the Director of Welfare;

Section 35. Title 31, Delaware Code, Section 511 (1), is hereby amended by striking therefrom the words "with the approval of the Board,".

Section 36. Title 31, Delaware Code, Section 514 is hereby amended by striking the section in its entirety.

Section 37. Title 81, Delaware Code, Section 2101, is hereby amended by adding thereto the following:

"Commission" or "Delaware Commission for the Blind" or "Department" means the Department of Health and Social Services.

Section 38. Title 31, Delaware Code, Section 2102, is hereby amended by striking the section in its entirety and inserting in lieu thereof the following new section:

§ 2102. Blind; supervision, training and welfare

The Department shall have supervision and control of the education, training and welfare of blind persons residing in the State.

Section 39. Title 31, Delaware Code, Section 2103, is hereby repealed in its entirety.

Section 40. Title 31, Delaware Code, Section 2901, is hereby amended by striking the section in its entirety and inserting in lieu thereof the following new section:

§ 2901. Definitions

As used in this Chapter:

"Commission" or "Delaware Commission for the Aging", or "Department" means the Department of Health and Social Services.

"Executive Director" or "Secretary" means the Secretary of the Department of Health and Social Services.

Section 41. Title 31, Delaware Code, Sections 2903, 2904, 2905, 2907, 2909 and 2910, are hereby repealed in their entirety.

Section 42. Title 31, Delaware Code, Sections 2701, 2702, 2703, 2704 and 2705, are hereby repealed in their entirety.

Section 43. Title 31, Delaware Code, Sections 2706, 2707 and 2708, are hereby amended by striking the word "Commission", wherever it may appear in those sections, and inserting in lieu thereof the words "Department of Health and Social Services".

Section 44

"Board" means the Board of the Department of Correction, and inserting in lieu thereof the following:

"Board" or "Board of the Department of Correction" means the Department of Health, and Social Services.

Section 45. Title 11, Delaware Code, Section 4302, is hereby amended by striking therefrom the following:

"Department" means the Department of Correction and inserting in lieu thereof the following:

"Department" or "Department of Correction" means Department of Health and Social Services.

Section 46. Title 11, Delaware Code, Section 4302, is hereby amended by striking therefrom the following:

"Commissioner" means the Commissioner of the Department and inserting in lieu thereof the following:

"Commissioner" or "Commissioner of the Department" means Secretary of the Department of Health and Social Services.

Section 47. Title 11, Delaware Code, Section 6502, is hereby amended by striking therefrom the following:

"Board" means the Board of Correction established by this chapter;

"Commissioner" means the Commissioner of Correction;

"Department" means the Department of Correction as established by this chapter; and inserting in lieu thereof the following:

"Board" or "Board of Correction" means the Department of Health and Social Services;

"Commissioner" or "Commissioner of Correction" means the Secretary of the Department of Health and Social Services;

"Department" or "Department of Correction" means the Department of Health and Social Services.

Section 48. Title 11, Delaware Code, Sections 6506, 6507, 6508, 6509, 6510, 6511, 6512 and 6515, are hereby repealed in, their entirety.

Section 49. Title 31, Delaware Code, Section 5101, is, hereby amended by striking therefrom the words "Commission" means The Youth Services Commission of Delaware and inserting in lieu thereof the following:

"Commission" or "Youth Services Commission of Delaware" means the Department of Health and Social Services.

Section 50. Title 31, Delaware Code, Sections. 5103, 5104, 5105 and 5106, are hereby repealed in their entirety.

Section 51. Title 31, Delaware Code, Section 5221, is hereby amended by striking therefrom the words "Executive Director of the Youth Services Commission of Delaware" and inserting in lieu thereof the words "Secretary of the Department of Health and Social Services".

Section 52. Title 11, Delaware Code, Section 4342 (c), is hereby amended by striking Section 4342 (c) in its entirety.

Section 53. Title 29, Delaware Code, Sections 4701, 4702, 4703 and 4704, are hereby repealed in their entirety.

Section 54. Title 29, Delaware Code, Section 4705, is hereby amended by striking therefrom the word "Board" and inserting in lieu thereof the words "Secretary of the Department of Health and Social Services".

Section 55. Title 29, Delaware Code, Sections 4706, 4707, 4709 and 4711, are hereby amended.by striking therefrom the words "Board" and "Board's", wherever they appear, and inserting in lieu thereof the words "Department of Health and Social Services" and "Department's", respectively.

Section 56. Title 29, Delaware Code, Section 4708, is hereby amended by striking therefrom the words "Board of Post-Mortem Examiners!" and inserting in lieu thereof the words "Department of Health and Social Services".

Section 57. Title 29, Delaware Code, Chapter 79, is hereby amended by adding thereto a new section to be designated as Section 7930 and to read as follows:

§ 7930. Supremacy

All other laws or parts of laws not in effect inconsistent with the provisions of this Chapter are hereby repealed, superseded, modified, or amended so far as necessary to conform to and give full force and effect to the provisions of this Chapter.

Section 58. Title 29, Delaware Code, Chapter 79, is hereby amended by striking the word "To" as it appears as the first word of Section 7903 (h) and inserting in lieu thereof the following: "To make and enter into any and all contracts, agreements or stipulations, and to".

Section 58 (A). Title 29, Delaware Code, §7904 (d) is amended by striking the words "The administrative, ministerial, fiscal, clerical and inspection functions of the following Boards set forth in Title 24, Delaware Code, shall be performed by the Division of Physical Health:" and inserting in lieu thereof "The administrative, ministerial, budgetary, clerical and inspection functions including, but not limited to, appointment, removal compensation and duties of employees as provided by law, of the following boards set forth in Title 24, Delaware Code, shall be performed by the Division of Physical Health:".

Section 59. Title 29, Delaware Code, Section 7906 (c), is hereby amended by adding thereto a new sentence which shall be inserted immediately after the first sentence thereof and shall become the second sentence thereof and shall read as follows:

In addition thereto the Delaware member of the Southern Interstate Nuclear Compact shall be an ex-officio member of the Council on Radiation and of the Authority on Radiation Protection with no voting privileges.

Section 60. Section 7905 (d), Title 29, Delaware Code, is amended by striking said subsection (d) in its entirety, and inserting in lieu thereof a new subsection (d) to read as follows:

(d) When the number of member of the Council has been reduced to less than seven (7), at least three (3), but no more than four (4), of the newly appointed members shall be affiliated with one of the major political parties and at least two (2), but no more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

Section 61. Section 7906 (d), Title 29, Delaware Code, is amended by striking said subsection (d) in its entirety, and inserting in lieu thereof a new subsection (d) to read as follows:

(d) When the number of members of the Council has been reduced to less than seven (7), at least three (3), but no more than four (4), of the newly appointed members shall be affiliated with one of the major political parties and at least two (2), but no more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

Section 62. Section 7907 (d), Title 29, Delaware Code, is amended by striking said subsection (d) in its entirety, and inserting in lieu thereof a new subsection (d) to read as follows:

(d) When the number of members of the Council has been reduced to less than seven (7), at least three (3), but no more than four (4), of the newly appointed members shall be affiliated with one of the major political parties and at least two (2), but no more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

Section 63. Section 7909 (d), Title 29, Delaware Code, is amended by striking said subsection (d) in its entirety, and inserting in lieu thereof a new subsection (d) to read as follows:

(d) When the number of members of the Council has been reduced to less than seven (7), at least three (3), but no more than four (4), of the newly appointed members shall be affiliated with one of the major political parties and at least two (2), but no more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

Section 64. Section 7910 (d), Title 29, Delaware Code, is amended by striking said subsection (d) in its entirety, and inserting in lieu thereof a new subsection (d) to read as follows:

(d) At least three (3), but no more than four (4) members of the Council shall be affiliated with one of the major political parties and at least two (2), but no more than three (3), of the members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

Section 65. Section 7912 (d), Title 29, Delaware Code, is amended by striking said subsection (d) in its entirety, and inserting in lieu thereof a new subsection (d) to read as follows:

(d) When the number of member of the Council has been reduced to less than, seven (7), at least three (3), but no more than four (4), of the newly appointed members shall be affiliated with one of the major political parties and at least two (2), but no more than three (3), of, the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his, political affiliation shall also be eligible for appointment as a member of the Council.

Section 66. Section 7913 (d); Title 29, Delaware Code, is amended, by striking said subsection (d) in its entirety, and inserting in lieu thereof a new subsection (d) to read as follows:

(d) When the number of members of the Council has been reduced to less than seven (7), at least three -(3), but no more than four (4), of the newly appointed members shall be affiliated with one of the major political parties and at least two (2), but no more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

Section 67. Section 7914 (d), Title 29, Delaware Code, is amended by striking said subsection (d) in its entirety, and inserting in lieu thereof a new subsection (d) to read as follows:

(d) When the number of members of the Council has been reduced to less than seven (7), at least three (3), but no more than four (4), of the newly appointed members shall be affiliated with one of the major political parties and at least two (2), but no more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

Section 68. Section 7915 (d), Title 29, Delaware Code, is amended by striking said subsection (d) in its entirety, and inserting in lieu thereof a new subsection (d) to read as follows:

(d) When the number of members of the Council has been reduced to less than seven (7), at least three (3), but no more than four (4), of the newly appointed members shall be affiliated with one of the major political parties and at least two (2), but no more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

Section 69. Section 7917 (d), Title 29, Delaware Code, is amended by striking said subsection (d) in its entirety, and inserting in lieu thereof a new subsection (d) to read as follows:

(d) When the number of members of the Council has been reduced to less than seven (7), at least three (3), but no more than four (4), of the newly appointed members shall be affiliated with one of the major political parties and at least two (2), but no more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

Section 70. Section 7918 (d), Title 29, Delaware Code, is amended by striking said subsection (d) in its entirety, and inserting in lieu thereof a new subsection (d) to read as follows:

(d) When the number of members of the Council has been reduced to less than seven (7), at least three (3), but no more than four (4), of the newly appointed members shall be affiliated with one of the major political parties and at least two (2), but no more than three (3), of the newly appointed members shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

Section 71. If any provision of this Act, or of any rule, regulation or order thereunder of the application of such provision to any person or circumstances, shall be held invalid, the remainder of this Act and the application of such provisions of the Act or of such rule, regulation or order to persons or circumstances other than those to which it is held invalid, shall not be affected hereby.

Approved June 25, 1970.