Health and Safety

Regulatory Provisions Concerning Public Health

CHAPTER 8B. Down Syndrome Information

§ 801B. Provision of information relating to Down Syndrome.

(a) For the purposes of this section, the term “Down Syndrome” shall mean a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. A hospital, as that term is defined in § 803A of this title, physician, health-care provider, nurse midwife or genetic counselor who renders prenatal care, postnatal care or genetic counseling shall, upon receipt of a positive test result from a test for Down Syndrome, provide the expectant or new parent with information provided by the department under subsection (b) of this section.

(b) The Department shall make available to a person who renders prenatal care, postnatal care or genetic counseling to parents who receive a prenatal or postnatal diagnosis of Down Syndrome the following:

(1) Up-to-date evidence-based, written information about Down Syndrome that has been reviewed by medical experts and national Down Syndrome organizations; provided, however, that the written information provided shall include physical, developmental, educational and psychosocial outcomes, life expectancy, clinical course and intellectual and functional development and treatment options; and

(2) Contact information regarding first call programs and support services, including information hotlines specific to Down Syndrome, resource centers or clearinghouses, national and local Down Syndrome organizations, and other educational and support programs.

The Department may also make such information available to any other person who has received a positive test result from a test for Down Syndrome.

(c) The Department shall meet annually with representatives of the Down Syndrome Association of Delaware to ensure the information made available by the department is up to date.

(d) The Department shall submit a report by January 31 of each year to the Co-Chairs of the Joint Finance Committee detailing the persons to whom the information required by subsection (b) of this section has been distributed.

79 Del. Laws, c. 218, §  1