During a state of emergency, the public safety authority may exercise, for such period as the state of emergency exists, the following emergency powers:

(1) To direct vaccination of persons as protection against infectious disease and to prevent the spread of contagious or possibly contagious disease.

a. Vaccination may be performed by any qualified person authorized to do so by the public safety authority.

b. A vaccine to be administered must not be such as is reasonably likely to lead to serious harm to the affected individual.

c. To prevent the spread of contagious or possibly contagious disease, the public safety authority may isolate or quarantine, subject to § 3136 of this title, persons who are unable or unwilling for reasons of health, religion or conscience to undergo vaccination pursuant to this section.

(2) To direct treatment of persons exposed to or infected with disease.

a. Treatment may be administered by any qualified person authorized to do so by the public safety authority.

b. Treatment must not be such as is reasonably likely to lead to serious harm to the affected individual.

c. To prevent the spread of contagious or possibly contagious disease, the public safety authority may isolate or quarantine, subject to § 3136 of this title, persons who are unable or unwilling for reasons of health, religion or conscience to undergo treatment pursuant to this section.

73 Del. Laws, c. 355, § ?13;

Terms Used In Delaware Code Title 20 Sec. 3137

  • Contagious disease: is a n infectious disease that can be transmitted from person to person, animal to person, or insect to person. See Delaware Code Title 20 Sec. 3132
  • Emergency: means any situation which requires efforts and capabilities to save lives or to protect property, public health and safety, or to lessen or avert the threat of a disaster in Delaware. See Delaware Code Title 20 Sec. 3102
  • Infectious disease: is a disease caused by a living organism or other pathogen, including a fungus, bacillus, parasite, protozoan or virus. See Delaware Code Title 20 Sec. 3132
  • Public safety authority: means the Director of the Delaware Emergency Management Agency or such other person as the Governor may designate. See Delaware Code Title 20 Sec. 3132
  • 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 1 Sec. 302
  • State of emergency: means an emergency proclaimed pursuant to an emergency order by the Governor. See Delaware Code Title 20 Sec. 3102