Delaware Code Title 20 Sec. 3138 – Collection of laboratory specimens; performance of tests during …
During a state of emergency, the public health authority may, for such period as the state of emergency exists, collect specimens and perform tests on any person or animal, living or deceased, and acquire any previously collected specimens or test results that are reasonable and necessary for emergency response.
(1) All specimens shall be clearly marked.
(2) Specimen collection, handling, storage and transport to the testing site shall be performed in a manner that will reasonably preclude specimen contamination or adulteration and provide for the safe collection, storage, handling and transport of such specimen.
(3) Any person authorized to collect specimens or perform tests shall use chain of custody procedures to ensure proper record keeping, handling, labeling and identification of specimens to be tested. This requirement applies to all specimens, including specimens collected using on-site testing kits.
(4) Recognizing that during a state of public health emergency, any specimen collected or test performed may be evidence in a criminal investigation, any business, facility or agency authorized to collect specimens or perform tests shall provide such support as is reasonable and necessary to aid in a relevant criminal investigation.
(5) To prevent the spread of contagious or possibly contagious disease, the public health 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 specimen collection or testing pursuant to this section.
Terms Used In Delaware Code Title 20 Sec. 3138
- Chain of custody: means the methodology of tracking specimens for the purpose of maintaining control and accountability from initial collection to final disposition of the specimens and providing for accountability at each stage of collecting, handling, testing, storing and transporting the specimens and reporting test results. See Delaware Code Title 20 Sec. 3132
- 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
- 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.
- Public health authority: means the Secretary of Health and Social Services or such person as the Secretary may designate with the Governor's consent. See Delaware Code Title 20 Sec. 3132
- public health emergency: is a n occurrence or imminent threat of an illness or health condition that:
- Response: means any action taken to reduce or eliminate the immediate or short-term risk to human life and/or property from any hazard. See Delaware Code Title 20 Sec. 3102
- Specimens: includes , but is not limited to, blood, sputum, urine, stool, other bodily fluids, wastes, tissues and cultures necessary to perform required tests. 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
- Tests: includes , but is not limited to, any diagnostic or investigative analyses necessary to prevent the spread of disease or protect the public's health, safety and welfare. See Delaware Code Title 20 Sec. 3132