Sections
Subchapter I General Provisions 3101 – 3102
Subchapter II Delaware Emergency Management Agency 3105 – 3108
Subchapter III The Governor and Emergency Management 3115 – 3117
Subchapter IV Miscellaneous Provisions 3121 – 3130
Subchapter V Public Health Emergencies 3131 – 3147

Terms Used In Delaware Code > Title 20 > Chapter 31

  • 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.
  • Amortization: Paying off a loan by regular installments.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • Authority: means the State, any political subdivision thereof, or any board, commission, public agency or instrumentality thereof, which operates or takes over the operation of any mass transportation system within this State. See Delaware Code Title 20 Sec. 3130
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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.
  • Buyer: means a person who buys or contracts to buy goods. See Delaware Code Title 6 Sec. 2-103
  • Certified pharmacy technician: means a person who is certified by the Pharmacy Technician Certification Board (PTCB) or other entity approved by the Board of Pharmacy. See Delaware Code Title 24 Sec. 2502
  • 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 6 Sec. 4307
  • Commissioner: means the State Bank Commissioner. See Delaware Code Title 5 Sec. 2201
  • 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.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Delaware Code Title 6 Sec. 2-106
  • 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.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Labor. See Delaware Code Title 19 Sec. 101
  • Department: means the Department of Labor or its authorized representatives. See Delaware Code Title 20 Sec. 3135
  • Department of Labor: means the Department of Labor of the State. See Delaware Code Title 20 Sec. 3122
  • Devise: To gift property by will.
  • Direct supervision: means oversight and control by a licensed pharmacist who remains on the premises and is responsible for the work performed by a subordinate. See Delaware Code Title 24 Sec. 2502
  • Director: shall mean the officer in charge of the Professional Licensing Section of the Division. See Delaware Code Title 24 Sec. 2301
  • 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
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dispense: means to furnish or deliver a drug to an ultimate user by or pursuant to the lawful prescription of a practitioner. See Delaware Code Title 24 Sec. 2502
  • Division: shall mean the Division of the Delaware State Police. See Delaware Code Title 24 Sec. 2301
  • Division: means the Division of Professional Regulation. See Delaware Code Title 24 Sec. 2502
  • Dower: A widow
  • Drug: means :

    a. See Delaware Code Title 24 Sec. 2502

  • 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 20 Sec. 3135

  • 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 20 Sec. 3135
  • employment: means to suffer or permit to work, but does not include:

    a. See Delaware Code Title 20 Sec. 3122

  • 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 Secretary: means the executive secretary of the Delaware State Board of Pharmacy who shall be a pharmacist. See Delaware Code Title 24 Sec. 2502
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantee: includes every person to whom a freehold estate or interest is conveyed. See Delaware Code Title 6 Sec. 4307
  • Grantor: includes every person by whom a freehold estate or interest is conveyed. See Delaware Code Title 6 Sec. 4307
  • Gratuities: means voluntary monetary contributions received by an employee from a guest, patron or customer for services rendered. See Delaware Code Title 20 Sec. 3135
  • 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
  • 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

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intern: means a person who is registered by the Board of Pharmacy and supervised by an approved preceptor and who is completing the practical experience requirement of the Board prior to that person's licensure as a pharmacist. See Delaware Code Title 24 Sec. 2502
  • Intestate: Dying without leaving a will.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisprudence: The study of law and the structure of the legal system.
  • 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
  • lender: means any person duly licensed or regulated by the Commissioner pursuant to this chapter and, in addition, means any person or class of persons exempt from any or all of the provisions of this chapter in accordance with § 2202(b) of this title, to the extent and for such purposes as determined by the Commissioner in order to effectuate the purposes of this chapter. See Delaware Code Title 5 Sec. 2201
  • Licensee: means an individual licensed under this chapter to practice occupational therapy services. See Delaware Code Title 24 Sec. 2002
  • licensee: means an individual licensed by the State pursuant to this chapter to engage in the practice of pharmacy. See Delaware Code Title 24 Sec. 2502
  • 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 any single extension of closed end credit. See Delaware Code Title 5 Sec. 2227
  • Mass transportation system: means transportation of the public by bus, rail or any other means of conveyance serving the general public and moving under prescribed routes. See Delaware Code Title 20 Sec. 3130
  • Minor: means a person under the age of 18 years;

    (5) "Secretary" means the Secretary of Labor for the State or the Secretary's authorized representative. See Delaware Code Title 20 Sec. 3122

  • 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.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • 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.
  • 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 20 Sec. 3135
  • 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.
  • Pawnbroker: means any person, company, corporation, or member or members of a partnership or firm who:

    a. See Delaware Code Title 24 Sec. 2301

  • Person: means a corporation, company, association, or partnership, or an individual. See Delaware Code Title 24 Sec. 2002
  • Person: means an individual, partnership, association, corporation, statutory trust, business trust, legal representative or any organized group of persons. See Delaware Code Title 19 Sec. 101
  • Person: means a natural person or an entity. See Delaware Code Title 24 Sec. 2502
  • Personal property: All property that is not real property.
  • Pharmacy: means a place where drugs are compounded or dispensed. See Delaware Code Title 24 Sec. 2502
  • Pharmacy technician: means an individual who is not registered as an intern with the Board of Pharmacy or a certified pharmacy technician. See Delaware Code Title 24 Sec. 2502
  • Political subdivision: means any town, city or county within the State. See Delaware Code Title 20 Sec. 3102
  • Practice of pharmacy: means the interpreting, evaluating, and dispensing of a practitioner's or prescriber's order. See Delaware Code Title 24 Sec. 2502
  • 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.
  • prescriber: means an individual who is authorized by law to prescribe drugs in the course of professional practice or research in any state. See Delaware Code Title 24 Sec. 2502
  • prescription: means the lawful written or verbal order of a practitioner for a drug. See Delaware Code Title 24 Sec. 2502
  • 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.
  • 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.
  • Protected health information: means any information, whether oral, written, electronic, visual, pictorial, physical or any other form, that relates to an individual's past, present or future physical or mental health status, condition, treatment, service, products purchased, or provision of care and that reveals the identity of the individual whose health care is the subject of the information, or about which there is a reasonable basis to believe such information could be utilized (either alone or with other information that is or should reasonably be known to be available to predictable recipients of such information) to reveal the identity of that individual. See Delaware Code Title 20 Sec. 3132
  • 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.
  • real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 6 Sec. 4307
  • 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
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Scrap metal processor: means any person, company, corporation, or member or members of a partnership or firm engaged in the business of selling or receiving any worn out or discarded metal, old iron, used plumbing fixtures, other metals, automobiles, automobile parts, chain, copper, lead, brass, or other parts of machinery. See Delaware Code Title 24 Sec. 2301
  • secondhand dealer: includes any individual engaged in the business of receiving tangible personal property by means of an automated kiosk. See Delaware Code Title 24 Sec. 2301
  • Secretary: shall mean the Secretary of the Department of Safety and Homeland Security. See Delaware Code Title 24 Sec. 2301
  • Seller: means a person who sells or contracts to sell goods. See Delaware Code Title 6 Sec. 2-103
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Short-term consumer loan: means a loan of $1,000 or less made to an individual borrower that charges interest and/or fees for which the stated repayment period is less than 60 days and is not secured by title to a motor vehicle. See Delaware Code Title 5 Sec. 2227
  • 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. See Delaware Code Title 24 Sec. 2502
  • State Board of Pharmacy: means the Delaware State Board of Pharmacy. See Delaware Code Title 24 Sec. 2502
  • State of emergency: means an emergency proclaimed pursuant to an emergency order by the Governor. 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 practice of pharmacy. See Delaware Code Title 24 Sec. 2502
  • Superintendent: shall mean the Superintendent of the Division. See Delaware Code Title 24 Sec. 2301
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • 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.
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 6 Sec. 4307
  • Use or abuse of drugs: means :

    a. See Delaware Code Title 24 Sec. 2502

  • 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 20 Sec. 3135