CHAPTER 114

FORMERLY

HOUSE BILL NO. 208

AS AMENDED BY HOUSE AMENDMENTS NO. 1 AND 2

AND SENATE AMENDMENTS NO. 1 AND 3

AN ACT TO AMEND CHAPTER 11, PART II, TITLE 16 OF THE DELAWARE CODE RELATING TO SANATORIA, REST HOMES, NURSING HOMES, BOARDING HOMES AND RELATED INSTITUTIONS.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected thereto concurring therein):

Section 1. Amend §1106, Chapter 11, Part II, Title 16 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:

§ 1106. Issuance of licenses

Licenses shall be issued in the following categories:

(1) Annual License. An annual license may be renewed yearly if the holder is in full compliance with the provisions of this Chapter and the rules and regulations of the State Board of Health.

(2) Provisional License. A provisional license shall be granted for a term of ninety days only, and shall be granted only to a home which, although not in full compliance, is nevertheless demonstrating evidence of improvement.

(3) Restricted License. A restricted license shall be granted for a term of ninety days when the home is not in compliance with the provisions of this Chapter, and does not demonstrate evidence of improvement. The holder of a restricted license may not admit patients to the home to which the restricted license applies during the period of restriction, but the home may remain in operation until such license is revoked, expires, becomes annual or provisional.

(4) Facilities in existence prior to January 1, 1972, which accommodate more than six residents, may be given a restricted license provided such facilities show evidence that the owner is complying with the rules and regulations of State Board of Health and the provisions of this Chapter. In no case shall this category of restricted licenses be valid beyond January 1, 1976.

Section 2. Amend §1109, Chapter 11, Part II, Title 16 of the Delaware Code, by striking the word "inmates" as the same appears in said section, and substituting the word "residents" in lieu thereof.

Section 3. Amend §1110, Chapter 11, Part II, Title 16 of the Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:

1110. Violations and penalties

Whoever operates a sanatorium, rest home, nursing home, boarding home or other health-related institution without a license shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00).

Approved June 26, 1973.