Sections
Subchapter I Definitions 4701
Subchapter II Standards and Schedules 4711 – 4722
Subchapter III Regulation of Manufacture, Distribution and Dispensing of Controlled Substances 4731 – 4740B
Subchapter III-A Safe Internet Pharmacy Act 4741 – 4745
Subchapter IV Offenses and Penalties 4751A – 4769
Subchapter V Drug Paraphernalia 4771 – 4775
Subchapter VI Enforcement and Administrative Provisions 4781 – 4787
Subchapter VII Miscellaneous 4791 – 4798
Subchapter VIII Drug Overdose Fatality Review Commission 4799A – 4799D

Terms Used In Delaware Code > Title 16 > Chapter 47

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Asbestos: includes chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos and any of these minerals that has been chemically treated and/or altered. See Delaware Code Title 16 Sec. 4718
  • Asbestos abatement: shall mean any of the following activities except those which may be considered incidental during normal day-to-day operations and maintenance:

    a. See Delaware Code Title 16 Sec. 4718

  • Asbestos worker: shall mean any individual who performs asbestos abatement activities and/or work. See Delaware Code Title 16 Sec. 4718
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Basic health services: means a range of services including at least the following: usual physician services, hospitalization, laboratory, x-ray, emergency and preventive services and out-of-area coverage. See Delaware Code Title 19 Sec. 2371
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: shall mean the State Board of Health and any successor to the board exercising the powers granted the Board by this chapter. See Delaware Code Title 16 Sec. 4787
  • Board: means the Industrial Accident Board. See Delaware Code Title 19 Sec. 2301
  • Certified managed care organization: means a managed care organization which has been issued a certificate of authority under this title. See Delaware Code Title 19 Sec. 2371
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Child: includes stepchildren and adopted children and children to whom the deceased stood in loco parentis if members of the decedent's household at the time of the decedent's death, and includes posthumous children but not married children. See Delaware Code Title 19 Sec. 2301
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • College or university: shall mean any nonprofit college in the State which is accredited by the appropriate regional accrediting agency. See Delaware Code Title 19 Sec. 3101
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: shall mean any corporation, company, association, firm, partnership, society, joint-stock company, sole proprietorship or individual that contracts to perform asbestos abatement, including the removal or encapsulation of asbestos. See Delaware Code Title 16 Sec. 4718
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Delaware Department of Insurance. See Delaware Code Title 19 Sec. 2371
  • Department: means the Department of Labor. See Delaware Code Title 19 Sec. 2301
  • Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 101
  • Dependent: A person dependent for support upon another.
  • Dependent: includes all persons other than the injured employee who are entitled to compensation under the elective schedule set forth in this chapter, and wherever the context requires it, includes the personal representatives and the surviving spouse of the deceased, and guardians of infants or trustees for incompetent persons. See Delaware Code Title 19 Sec. 2301
  • Dependent children: shall include stepchildren, adopted children and children to whom the deceased stood in loco parentis, if members of the decedent's household at the time of death. See Delaware Code Title 19 Sec. 3101
  • Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
  • Docket: A log containing brief entries of court proceedings.
  • Eligible project: shall mean any health facility which has been approved by the Board pursuant to this chapter, or any refinancing of bonds or notes issued by the Delaware Health Facilities Authority for the benefit of a health facility. See Delaware Code Title 16 Sec. 4787
  • Employee: means every person in service of any corporation (private, public, municipal or quasi-public), association, firm or person, excepting those employees excluded by this subchapter, under any contract of hire, express or implied, oral or written, or performing services for a valuable consideration, excluding spouse and minor children of a farm employer unless the spouse or minor child is a bona fide employee of a farm employer and is named in an endorsement to the farm employer's contract of insurance, and excluding any person whose employment is casual and not in the regular course of the trade, business, profession or occupation of his or her employer, and not including persons to whom articles or materials are furnished or repaired, or adopted for sale in the worker's own home, or on the premises not under the control or management of the employer. See Delaware Code Title 19 Sec. 2301
  • Employer: includes all those who employ others unless they are excluded from the application of this chapter by any provision of this subchapter, and if the employer is insured, the term shall include the insurer as far as practicable; employer shall also include the governing body for which employable relief recipients are assigned work under §§ 901-905 of Title 31. See Delaware Code Title 19 Sec. 2301
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • Health facilities corporation: shall mean a nonprofit corporation organized and existing under the laws of the State for the purpose of owning and operating 1 or more health facilities. See Delaware Code Title 16 Sec. 4787
  • Health facility: shall mean a facility, located in the State, owned and operated by a health facilities corporation, providing general medical, surgical and emergency treatment to the public. See Delaware Code Title 16 Sec. 4787
  • Health-care services: means any service included in the furnishing to any individual of medical or dental care, or hospitalization or incidental to the furnishing of such care or hospitalization, as well as the furnishing to any person of any and all other services for the purpose of preventing, alleviating, curing or healing human illness, injury or physical disability. See Delaware Code Title 19 Sec. 2371
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insurance carrier: means any insurance corporation, mutual association or company or interinsurance exchange which insures employers against liability under this chapter or against liability at common law for accidental injuries to employees. See Delaware Code Title 19 Sec. 2301
  • Ionizing radiation: means any particulate or electromagnetic radiation capable of producing ions directly or indirectly in its passage through matter. See Delaware Code Title 19 Sec. 2301
  • Issuing officers: shall mean the Governor, the Secretary of State and the State Treasurer as defined in § 7401 of Title 29. See Delaware Code Title 16 Sec. 4787
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Managed care organization: means a public or private organization, organized under the laws of any state, which:

    a. See Delaware Code Title 19 Sec. 2371

  • minor child: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 6 Sec. 4307
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 6 Sec. 4307
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Peace Officer: means any public officer authorized by law to make arrests in a criminal case. See Delaware Code Title 16 Sec. 101
  • Permanent disability: shall mean a permanent physical condition arising out of and in the course of actions in the line of duty, but shall not include permanent disability from an injury or disease, which, although aggravated in the line of duty, was not originally sustained in the line of duty; provided, however, that said permanent disability must be sufficient to disable the covered firefighter so that the firefighter is unable to do the work normally required for the job or employment which he or she held at the time he or she was disabled. See Delaware Code Title 19 Sec. 3123
  • Personal property: All property that is not real property.
  • Place of public entertainment: shall mean an establishment that accommodates more than 100 individuals. See Delaware Code Title 16 Sec. 4738
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public restroom: shall mean a public sanitary facility that contains more than 1 plumbing fixture. See Delaware Code Title 16 Sec. 4738
  • Quorum: The number of legislators that must be present to do business.
  • real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 6 Sec. 4307
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Safety glazing material: means any glazing material, such as tempered glass, laminated glass, wire glass or rigid plastic, which meets the test requirements of the current American National Standards Institute Standard Z-97. See Delaware Code Title 16 Sec. 4765
  • Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subsidy contract: shall mean a contract by the State, approved by the issuing officers, providing a subsidy to a health facilities corporation. See Delaware Code Title 16 Sec. 4787
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Under age: means an age of less than 18 years. See Delaware Code Title 6 Sec. 4307
  • United States: includes its territories and possessions and the District of Columbia. 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