CHAPTER 168

FORMERLY

SENATE BILL NO. 112

AN ACT TO AMEND THE DELAWARE CODE RELATING TO PUBLIC HEALTH EMERGENCIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

WHEREAS, the Public Health Authority is authorized to purchase and distribute pharmaceutical agents and medical supplies to prepare for and control a public health emergency under existing law; and

WHEREAS, existing laws to do not waive licensing laws for healthcare professionals or unlicensed persons acting at the direction of the Public Health Authority prior to and during a declared State of Emergency;

NOW, THEREFORE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §3133, Title 20, by designating the existing text as subsection (a), and by adding thereto new subsections (b), (c), and (d), which shall read as follows:

“(b) Definitions for the purpose of this section only:

1. ‘Essential worker’ means a person who has been identified by their employer and the Division of Public Health as someone who must report to work during an emergency in order to maintain and keep operational the critical infrastructure in the State of Delaware. An essential worker may include, but is not limited to, personnel from the Division of Public Health, the Delaware Emergency Management Agency, the Delaware Department of Transportation, fire service, and law enforcement agencies.

2. ‘Unlicensed person’ means an individual who is not a licensed healthcare professional and has successfully completed in-service training, approved by the Board of Pharmacy, on the In-State Stockpile.

3. ‘Delivers’ means to hand out pre-packaged and labeled medications to end users at the direction of the

Public Health Authority.

(c) Any licensed healthcare professional or unlicensed person who, at the direction of the Public Health Authority, prior to, during or after an impending, probable or actual Public Health threat or a declared Public Health Emergency or State of Emergency, delivers, or assists in the delivery of medical supplies or prescription or non-prescription medications to essential workers and their families, other than by injection, and provided that the medication is in the original container and properly labeled, shall be exempt from the licensing statutes and regulations for healthcare professionals and shall be considered a public employee under 10 Del. C. §§ 4001- 4002 . The Division of Public Health shall position a licensed healthcare professional on-site to supervise the delivery process to essential workers and their families if a licensed healthcare professional is available.

(d) Each essential worker will complete a pre-screening assessment for themselves and each family member, if applicable, on an annual basis that will screen for contraindications to the medications in the In-State Stockpile. The assessment will be developed by the Division of Public Health and approved by the Board of Pharmacy.”

Approved July 24, 2007