(a) The Department may adopt, promulgate, amend and repeal any rules and regulations necessary to accomplish the purpose of this subchapter. These rules and regulations may include provisions for:

(1) The establishment and maintenance of an up-to-date registry that shall document every diagnosis or treatment, or both, of any congenital disability in any child under age 5 in this State;

(2)a. The establishment of a procedure for reporting to the Department, within 30 days of initial diagnosis or treatment, every occurrence of a congenital disability in any child under age 5 in this State. The procedure shall include the reporting of specified information, through a combined system of active and passive surveillance, on every child under age 5 with 1 or more congenital disabilities. Specified information shall be deemed necessary and appropriate to accomplish the purpose of this subchapter and in accordance with the recommendations from the Centers for Disease Control and Prevention, for the following reasons:

1. To identify risk factors for congenital disabilities;

2. To investigate the causes and prevalence of congenital disabilities;

3. To develop preventive strategies to decrease occurrences of congenital disabilities;

4. To analyze incidences, prevalence and trends of congenital disabilities through epidemiological studies; or

5. To investigate the morbidity and mortality rates resulting from congenital disabilities;

b. Those required to report to the Department occurrences of congenital disabilities shall include:

1. Any physician, surgeon, dentist, podiatrist or other health-care practitioner who diagnoses or provides treatment, or both, for children under age 5 with congenital disabilities;

2. The designated representative of any hospital, dispensary or other similar public or private institution that diagnoses or provides treatment, or both, for children under age 5 with congenital disabilities; and

3. The designated representative of any clinical laboratory that performs any test which identifies children under age 5 with congenital disabilities;

(3) The establishment of a procedure for the publication and distribution of forms, instructions and notices required by this subchapter or necessary to accomplish the purpose of this subchapter; and

(4) The establishment of a procedure to obtain follow-up information from those required to report occurrences of congenital disabilities pursuant to this subchapter. Any follow-up information, including family, physician, hospital or laboratory contact deemed necessary by the Department, shall be submitted to the Department at least 1 time each year by those required to report occurrences of congenital disabilities.

Terms Used In Delaware Code Title 16 Sec. 203

  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Congenital disability: means any structural or biochemical abnormality, regardless of cause, diagnosed at any time before or after birth, that requires medical or surgical intervention or that interferes with normal growth or development. See Delaware Code Title 16 Sec. 202
  • Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 202
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Registry: means a central data bank containing collected, classified, coded and stored data relating to congenital disabilities in children under age 5. See Delaware Code Title 16 Sec. 202
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 6 Sec. 4307
  • Surveillance: means the process of identifying and investigating congenital disabilities in children under age 5. See Delaware Code Title 16 Sec. 202
  • Under age: means an age of less than 18 years. See Delaware Code Title 6 Sec. 4307
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 6 Sec. 4307

(b) The provisions of this subchapter and any rules or regulations issued pursuant to this subchapter shall not apply to any person or private institution that, as an exercise of religious freedom, treats the sick or suffering by spiritual means through prayer alone.

(c) A parent, custodian or guardian of an infant having any congenital disability may refuse disclosure to the surveillance system and registry of the infant’s name and identifying information on the grounds that such congenital disability identification is contrary to the religious tenets and practices of the infant’s parent, custodian or guardian.

71 Del. Laws, c. 86, § 1; 71 Del. Laws, c. 286, § 3; 78 Del. Laws, c. 179, §§ 159, 160.;