Terms Used In Delaware Code > Title 20 > Chapter 31 - Emergency Management

• AASM: shall mean the American Academy of Sleep Medicine or an organization that is recognized as equivalent. See Delaware Code Title 24 Sec. 1799U
• ABGC: shall mean the American Board of Genetic Counseling or an organization that is recognized as equivalent. See Delaware Code Title 24 Sec. 1799H
• ABMG: shall mean the American Board of Medical Genetics or an organization that is recognized as equivalent. See Delaware Code Title 24 Sec. 1799H
• 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.
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Board: shall mean the Board of Medical Licensure and Discipline. See Delaware Code Title 24 Sec. 1799H
• Board: means the State Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners. See Delaware Code Title 24 Sec. 1802
• Board: shall mean the Board of Medical Licensure and Discipline. See Delaware Code Title 24 Sec. 1799U
• Board: means the Board of Medical Licensure and Discipline. See Delaware Code Title 24 Sec. 1799FF
• BRPT: shall mean the Board of Registered Polysomnographic Technologists or its successor organization. See Delaware Code Title 24 Sec. 1799U
• 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
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Client: means a woman under the care of a midwife and, when applicable in the context of care, the newborn. See Delaware Code Title 24 Sec. 1799FF
• Commissioner: means the State Bank Commissioner. See Delaware Code Title 5 Sec. 2201
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Cooling system: means a system in which heat is removed from air, surrounding surfaces, or both. See Delaware Code Title 24 Sec. 1802
• 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.
• Council: means the Polysomnography Advisory Council. See Delaware Code Title 24 Sec. 1799U
• Council: means the Midwifery Advisory Council. See Delaware Code Title 24 Sec. 1799FF
• CPM: means a practitioner who has received certification by the North American Registry of Midwives (NARM) or its equivalent or successor. See Delaware Code Title 24 Sec. 1799FF
• Credit device: means any card, check, identification code or other means of identification contemplated by the agreement governing the plan. See Delaware Code Title 5 Sec. 2214
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Labor or its authorized representatives. See Delaware Code Title 19 Sec. 901
• Department: means the Department of Labor or its authorized representatives. See Delaware Code Title 19 Sec. 1001
• Direct supervision: means that the licensed polysomnographer providing supervision must be present in the area where the polysomnographic procedure is being performed and immediately available to furnish assistance and direction throughout the performance of the procedure. See Delaware Code Title 24 Sec. 1799U
• Disaster: means a catastrophic condition caused by a man-made event (including, but not limited to, industrial, nuclear or transportation accident, explosion, conflagration, power failure, act of domestic terrorism, natural resource shortage or other condition resulting from man-made causes, such as hazardous materials spills and other injurious environmental contamination), natural event (including, but not limited to, any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mud slide, snowstorm, drought, fire or explosion) or war-caused event (following an attack upon the United States caused by use of bombs, missiles, shellfire or nuclear, radiological, chemical or biological means, or other weapons, or overt paramilitary actions, or other conditions such as sabotage) which results in substantial damage to property or the environment, and/or hardship, suffering, injury or possible loss of life. See Delaware Code Title 20 Sec. 3102
• Division: means the Division of Professional Regulation. See Delaware Code Title 24 Sec. 1802
• 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
• Emergency management: means the mitigation, preparedness, response and recovery functions necessary to save lives and to protect property, public health and safety or to lessen or avert the threat of a disaster in any part of the State, other than functions for which military forces or other federal agencies are primarily responsible. See Delaware Code Title 20 Sec. 3102
• Employee: includes any individual employed by an employer but shall not include:

  a. See Delaware Code Title 19 Sec. 901

• Employer: includes any individual, partnership, association, corporation, statutory trust, business trust or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. See Delaware Code Title 19 Sec. 901
• 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}
• Ex officio: Literally, by virtue of one's office.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Executor: A male person named in a will to carry out the decedent
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Gas piping: means any arrangement of piping used to convey fuel gas, supplied by 1 meter, and each arrangement of gas piping serving a building, structure, or premises, whether individually metered or not. See Delaware Code Title 24 Sec. 1802
• General supervision: means that the licensed polysomnographer works under the supervision of a person licensed to practice medicine, whether by direct observation and monitoring, by protocols approved by a person licensed to practice medicine, or by orders written or verbally given by a person licensed to practice medicine. See Delaware Code Title 24 Sec. 1799U
• Genetic counselor: means an individual who engages in the competent practice of genetic counseling. See Delaware Code Title 24 Sec. 1799H
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gratuities: means voluntary monetary contributions received by an employee from a guest, patron or customer for services rendered. See Delaware Code Title 19 Sec. 901
• 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 care provider: means any person or entity who provides health care services, including, but not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, physicians, pharmacists, dentists, physician assistants, nurse practitioners, registered and other nurses, paramedics, emergency medical or laboratory technicians, and ambulance and emergency medical workers. See Delaware Code Title 20 Sec. 3132
• Home birth: means a birth outside of a hospital or an otherwise accredited or licensed hospital or medical facility. See Delaware Code Title 24 Sec. 1799FF
• HVACR: means heating, ventilation, air conditioning, and refrigeration. See Delaware Code Title 24 Sec. 1802
• HVACR restricted services: means HVACR services that are limited to 1 of the following specialties:

  a. See Delaware Code Title 24 Sec. 1802

• HVACR services: means the design, installation, construction, maintenance, service, repair, alteration, or modification of a product or of equipment including gas piping in heating and air conditioning, refrigeration, ventilation, or process cooling or heating systems. See Delaware Code Title 24 Sec. 1802
• 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}
• Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• 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
• Infectious waste: means :

  a. See Delaware Code Title 20 Sec. 3132

• Jurisprudence: The study of law and the structure of the legal system.
• Knowledge: means a person's actual knowledge of a fact, rather than the person's constructive knowledge of the fact. See Delaware Code Title 6 Sec. 17-101
• 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}
• Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: shall mean any document which indicates that a person is currently licensed by the Board of Medical Licensure and Discipline to practice genetic counseling. See Delaware Code Title 24 Sec. 1799H
• License: shall mean any document which indicates that a person is currently licensed by the Board to practice polysomnography. See Delaware Code Title 24 Sec. 1799U
• License: means a document issued by the Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners certifying that the holder has met the requirements of this chapter and is a master plumber, master HVACR licensee, or master HVACR restricted licensee. See Delaware Code Title 24 Sec. 1802
• License: means , unless the context requires otherwise, a license issued by the Board to practice midwifery. See Delaware Code Title 24 Sec. 1799FF
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan: means cash advances or loans to be paid to or for the account of the borrower. See Delaware Code Title 5 Sec. 2214
• Midwife: means a person who practices midwifery. See Delaware Code Title 24 Sec. 1799FF
• Midwifery: means the practice of providing supervision, care, and advice to a client during prepartum, pregnancy, labor, and the postpartum periods, and conducting deliveries on the midwife's own responsibility or in collaboration with a licensed physician, or licensed Delaware health-care delivery system. See Delaware Code Title 24 Sec. 1799FF
• Midwifery student: means a person who is enrolled in an accredited educational program and who may provide midwifery services as a part of that person's educational program. See Delaware Code Title 24 Sec. 1799FF
• Mitigation: means any action before or after a response event taken to reduce or eliminate the long-term risk to human life and/or property from natural hazards or any cost-effective measure which is intended to reduce the potential for damage to a facility from a disaster event. See Delaware Code Title 20 Sec. 3102
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• NSGC: means the National Society of Genetic Counselors or an organization that is recognized as equivalent

  (9) The "practice of genetic counseling" shall include any or all of the following activities:

  a. See Delaware Code Title 24 Sec. 1799H

• 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 1 Sec. 302
• Oath: A promise to tell the truth.
• 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.
• Occupation: means any occupation, service, trade, business, industry or branch or group of industries or employment or class of employment in which employees are gainfully employed. See Delaware Code Title 19 Sec. 901
• Outstanding unpaid indebtedness: means on any day an amount not in excess of the total amount of purchases from participating merchants and loans charged to the borrower's account under the plan which is outstanding and unpaid at the end of the day, after adding the aggregate amount of any new purchases from participating merchants and loans charged to the account as of that day and deducting the aggregate amount of any payments and credits applied to that indebtedness as of any day and, if the agreement providing the plan so provides, may include the amount of any interest and additional charges, including late or delinquency charges, which have accrued to the account and which are unpaid at the end of the day. See Delaware Code Title 5 Sec. 2214
• 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.
• Person: means an individual, corporation, partnership or any other business entity or group or combination of individuals however organized. See Delaware Code Title 5 Sec. 2201
• Plaintiff: The person who files the complaint in a civil lawsuit.
• plan: means a plan contemplating the extension of credit under an account governed by an agreement between a licensee and a borrower pursuant to which:

  a. See Delaware Code Title 5 Sec. 2214

• Plumber: is a n individual who provides plumbing services. See Delaware Code Title 24 Sec. 1802
• Plumbing services: means the design, installation, construction, replacement, service, repair, alteration, or modification of the pipes, fixtures, and other apparatus used for bringing the water supply into a building and removing liquid and water-carried wastes from a building. See Delaware Code Title 24 Sec. 1802
• Political subdivision: means any town, city or county within the State. See Delaware Code Title 20 Sec. 3102
• Polysomnographer: means an allied health professional, practicing polysomnography under the direction of a person licensed to practice medicine, who is responsible for direct and indirect services in the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with the human sleep wake cycle. See Delaware Code Title 24 Sec. 1799U
• practice of genetic counseling: shall include any or all of the following activities:

  a. See Delaware Code Title 24 Sec. 1799H

• Practice of polysomnography: means the performance of any of the following tasks as directly related to the diagnosis and treatment of sleep-related disorders, under the general supervision of a licensed physician:

  a. See Delaware Code Title 24 Sec. 1799U

• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Probate: Proving a will
• 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 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:

  a. See Delaware Code Title 20 Sec. 3132

• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• 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
• Qualified medical personnel: means medical personnel who voluntarily provide their services without compensation through participation in a state-recognized group of providers organized for the sole purpose of assisting in emergency or disaster relief operations and activities in connection with any emergency or disaster pursuant to this chapter, such as, but not limited to, a Medical Reserve Corps. See Delaware Code Title 20 Sec. 3102
• Quorum: The number of legislators that must be present to do business.
• 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.
• 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
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) ^{Source: OCC}
• 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.
• Sheltered workshop: means an accredited occupationally-oriented facility, including a work activities center, operated by a private nonprofit agency, which, except for its administrative and support staff, employs disabled persons certified under special provisions of federal minimum wage laws by the Wage and Hour Division, United States Department of Labor. See Delaware Code Title 19 Sec. 1001
• 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: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
• State of emergency: means an emergency proclaimed pursuant to an emergency order by the Governor. See Delaware Code Title 20 Sec. 3102
• State of Emergency Declaration: means the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat issued by the Governor on March 12, 2020. See Delaware Code Title 20 Sec. 3102
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the work of a master plumber, master HVACR licensee, or master HVACR licensee restricted. See Delaware Code Title 24 Sec. 1802
• Supervision: means control and oversight by a master licensee who is an owner or full-time employee of the entity providing services. See Delaware Code Title 24 Sec. 1802
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Venue: The geographical location in which a case is tried.
• Wage: means compensation due to an employee by reason of the employee's employment, payable in legal tender of the United States or check or bank convertible into cash on demand at full face value, subject to such deductions, charges or allowances as may be permitted by the regulations of the Department under this chapter. See Delaware Code Title 19 Sec. 901