Sexually Transmitted Diseases

Del. Code tit. 16, ch. 7
in effect

Del. Code tit. 16, § 701 Definitions.

(a) “Director” means the Director of the Division of Public Health or the Director’s authorized deputies within their respective jurisdictions. (b) “Expedited partner therapy” means the clinical practice of treating the sex partners of patients diagnosed with a sexually transmitted disease without clinical assessment of the partners. (c) “Health-care practitioner” means a physician or an individual licensed and authorized to prescribe under Title 24. (d) “Health-care professional” means any physician, nurse, laboratory or blood bank technologist or technician, and any others whose professions involve the diagnosis, care, or treatment of individuals or the testing of bodily specimens for the purpose of finding evidence of disease. (e) “Health facility” means a hospital, nursing home, clinic, blood bank, blood center, sperm bank, laboratory, or other health-care institution whether public or private. (f) “Sexually transmitted disease” or “STD” refers to the presence of signs, symptoms, or diagnostic test findings manifesting in an individual as a result of a sexually transmitted infection. (g) “Sexually transmitted infection” or “STI” means infections for which the primary route of spread is through sexual contact including vaginal, anal, or oral sex, or other contact with internal or external genitalia. (h) “Suspect” means an individual falling into 1 or more of the following categories: (1) An individual having positive laboratory or clinical findings of an STD. (2) An individual in whom epidemiologic evidence indicates an STD may exist. (3) An individual identified as a sexual contact of an STD case.

Del. Code tit. 16, § 702 Reporting and prevention of STIs and STDs.

(a) A physician or any other health-care professional who diagnoses, suspects, or treats a reportable STI or STD and every administrator of a health facility or at a Department of Correction facility in which there is a case of a reportable STI or STD must report such case to the Division of Public Health specifying the infected person’s name, address, age, sex, and race as well as the date of onset, name and stage of disease, type and amount of treatment given, and the name and address of the submitting health professional. (b) Any person who is in charge of a clinical or hospital laboratory, blood bank, mobile unit, or other facility in which a laboratory examination of any specimen derived from a human body yields microscopical, cultural, serological, or other evidence suggestive of a reportable STI or STD must notify the Division of Public Health of its findings. The Department of Health and Social Services may require the notification to contain any information necessary to achieve the purposes of this chapter including the tests performed and the results, the name, age, race, sex, and address of the persons from whom the specimen was obtained, the reason why the test was performed, and the name and address of the physician and that of the processing clinical laboratory. (c) The Department of Health and Social Services shall prescribe the form and method of reporting to the Division of Public Health which may be in writing, by telephone, by electronic data transmission or by other means. (d) All reports and notifications made pursuant to this section are confidential and protected from release except under the provisions of § § 710 and 711 of this title. From information received from laboratory notifications, the Division of Public Health may contact attending physicians. The Division of Public Health shall inform the attending physician, if the notification indicates the person has an attending physician, before contacting a person from whom a specimen was obtained. However, if delays resulting from informing the physician may enhance the spread of the STI or STD, or otherwise endanger the health of either individuals or the public, the Division of Health may contact the person without first informing the attending physician. (e) Any laboratory which examines specimens for the purpose of finding evidence of an STI or STD shall permit the Division of Public Health to examine the records of said laboratory in order to evaluate compliance with this section. (f) Any health-care professional or other person making the reports required by this section shall be free of any liability or any cause of action arising out of the making of such report if such health-care professional or other person acts without malice and has made a reasonable effort to obtain the facts upon which the report is based. (g) The Director or designated employee of the Division must take action to prevent and control the spread of disease upon receiving notice of a case, or a suspected case of a reportable STI or STD. Such designated employee may be an employee working within the STD program of the Division and may be a clinician or nonclinician who has received training in the control and prevention of STIs or STDs.

Del. Code tit. 16, § 703A Expedited partner therapy.

(a) A health-care practitioner who makes a clinical diagnosis of a sexually transmitted disease may provide expedited partner therapy for the treatment of the sexually transmitted disease in accordance with established medical practices and profession guidances published by professional medical organizations, including the Centers for Disease Control, if, in the judgment of the health-care practitioner, the sexual partner is unlikely or unable to present for comprehensive health-care, including evaluation, testing, and treatment for sexually transmitted diseases. Expedited partner therapy is limited to a sexual partner who may have been exposed to a sexually transmitted disease within the previous 60 days and who is able to be contacted by the patient. (b) A health-care practitioner who provides expedited partner therapy shall provide counseling for the patient, including advice that all symptomatic individuals, and in particular women with symptoms suggestive of pelvic inflammatory disease, are encouraged to seek medical attention. The health-care practitioner shall also provide written materials, provided by the Department of Health and Social Services, to be given by the patient to the sexual partner. The written materials must include the following: (1) A warning that a woman who is pregnant or might be pregnant should immediately contact a health-care professional for an examination. (2) Information about the antibiotic and dosage provided or prescribed that contains clear and explicit allergy and side effect warnings, including a warning that a sexual partner who has a history of allergy to the antibiotic or the pharmaceutical class of antibiotic should not take the antibiotic and should be immediately examined by a health-care professional. (3) Information about the treatment and prevention of sexually transmitted diseases. (4) Notification of the importance of abstaining from sexual activity until completion of treatment and for the recommended post-treatment period. (5) Notification of the importance of the sexual partner’s receiving examination and testing for the human immunodeficiency virus and other sexually transmitted diseases and information regarding available resources. (6) Notification of the risk to the sexual partner, others, and the public health if the sexually transmitted disease is not completely and successfully treated. (7) The responsibility of the sexual partner to inform that individual’s sexual partners of the risk of sexually transmitted disease and the importance of prompt examination and treatment. (8) Advice to seek medical attention if symptoms of an allergic reaction arise. (c) A health-care practitioner who provides expedited partner therapy in good faith, without fee or compensation, and who provides counseling and written materials as required under this section, is not subject to civil or professional liability in connection with the provision of the expedited partner therapy, counseling, and materials, unless it is established that the health-care practitioner acted with unreasonable care, wilfully, wantonly, or by gross negligence. (d) A health-care practitioner is not subject to civil or professional liability for choosing not to provide expedited partner therapy. (e) Notwithstanding any other provision of law or regulation to the contrary, a pharmacist licensed to practice pharmacy in this State may recognize a prescription authorized by this section as valid. (f) A pharmacist or pharmacy is not subject to civil or professional liability for filling a prescription ordered under this section unless it is established that the pharmacist or pharmacy acted with unreasonable care, wilfully, wantonly, or by gross negligence. (g) The label of any drug prescribed, or records created under this section are not required to contain the name of the patient’s sexual partner. (h) All information under this section is confidential and privileged except for reports required under this chapter and under the provisions of §§ 710 and 711 of this title.

Del. Code tit. 16, § 706 Examination and treatment of offenders in the custody of the Department of Correction.

The Department of Correction must ensure that offenders in their custody are provided services for the examination, treatment and cure, if possible, of STIs or STDs as may be required according to accepted medical practice. Prison medical staff must adhere to current STI or STD medical protocols established by the Division of Public Health for persons confined or imprisoned; must inform the Division of Public Health when a person or persons infected with or suspected to have an STI or STD is released from prison without completing appropriate treatment, counseling, or examination; and must allow the Division of Public Health to examine medical records or other medical information to ensure that appropriate STI or STD medical practices are followed. (b) [Repealed.]

Del. Code tit. 16, § 707 Rules and regulations of Department.

(a) The Department of Health and Social Services shall promulgate regulations necessary to carry out the provisions of this subchapter, including: (1) Designation of reportable STIs or STDs. (2) Procedures around the verification of the diagnosis, the investigations made to determine the source of infection, and other appropriate actions to prevent or control the spread of a reportable STI or STD. (b) Regulations promulgated under this subchapter must be consistent with procedures established for communicable diseases in Chapter 5 of this title and with the nature and circumstances of the reportable STI or STD. (c) All rules and regulations made pursuant to this subchapter shall have the force and effect of law. (d) The Department of Health and Social Services shall create the written materials required under § 703A of this title.

Del. Code tit. 16, § 708 Prenatal standard tests for syphilis, gonorrhea, chlamydia, and other STDs and STIs.

(a) All health-care providers caring for pregnant persons must offer testing for STIs, STDs, and other relevant infections as prescribed by the American College of Obstetricians and Gynecologists (ACOG) including testing for syphilis, gonorrhea, chlamydia, hepatitis, and human immunodeficiency virus (HIV). Testing must be done as early as possible upon intake into prenatal care and subsequently at the intervals and time points prescribed by the ACOG. (b) A pregnant person has the right to refuse consent to testing at any instance of testing and to refuse recommended treatment. Documentation of such refusal must be maintained in the patient’s medical record. (c) Patients refusing testing must be counseled by their health-care provider on the risks associated with failing to recognize and treat STIs or STDs in pregnancy. Documentation of such counseling must be maintained in the patient’s medical records.

Del. Code tit. 16, § 710 Minors — Treatment, consent, and liability for payment for care.

Any health facility or health-care professional may examine and provide treatment for an STI or STD for any minor if such facility or professional is qualified to provide such examination or treatment. Consent to examination and treatment by a minor is controlled by § § 707 and 708 of Title 13. The health-care professional in charge or other appropriate authority of the health facility or the health-care professional concerned shall prescribe an appropriate course of treatment for such minor. The fact of consultation, examination, and treatment of such minor shall be strictly confidential and must not be divulged by the facility or the health-care professional, including sending of a bill for such services to any persons other than the minor, except as follows: (1) To persons providing consent pursuant to § 707 of Title 13 or persons informed of the minor’s testing and treatment under § 708 of Title 13. (2) As is necessary to comply with the requirements of Chapter 9 of this title relating to child abuse investigations. (3) As is necessary to comply with the requirements of this chapter concerning the control and treatment of STIs or STDs, as well as the permitted dissemination of records and information under § 711 of this title.

Del. Code tit. 16, § 711 Confidentiality of records and information.

All information and records held by the Division of Public Health relating to known or suspected cases of STIs or STDs, including infection with human immunodeficiency virus (HIV) are strictly confidential. Such information may not be released or made public upon subpoena or otherwise, except that release may be made under any of the following circumstances: (1) Release is made of medical or epidemiological information for statistical purposes so that no person can be identified. (2) Release is made of medical or epidemiological information with the consent of all persons identified in the information released. (3) Release is made of medical or epidemiological information to medical personnel, appropriate state agencies, including the Maternal and Child Death Review Commission, or state courts to the extent required to enforce the provisions of this chapter and related rules and regulations concerning the control and treatment of STIs or STDs, or as related to child abuse investigations pursuant to Chapter 9 of this title, or as related to Maternal and Child Death Review Commission investigations pursuant to subchapter II of Chapter 3 of Title 31. (4) Release is made of medical or epidemiological information to medical personnel in a medical emergency to the extent necessary to protect the health or life of the named party. (5) Release is made during the course of civil or criminal litigation to a person allowed access to said records by a court order which is issued in compliance with the following provisions: a. No court of this State shall issue such order unless the court finds that the person seeking the records and information has demonstrated a compelling need for such records which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the need for disclosure against the privacy interest of the subject and the public interest which may be disserved by disclosure which deters future testing and treatment or which may lead to discrimination. b. Pleadings pertaining to disclosure of such records shall substitute a pseudonym for the true name of the subject of the records. The disclosure to the parties of the subject’s true name must be communicated confidentially, in documents not filed with the court. c. Before granting any such order, the court shall provide the subject whose records are in question with notice and a reasonable opportunity to participate in the proceedings if the subject is not already a party. d. Court proceedings as to disclosure of such records shall be conducted in camera unless the subject agrees to a hearing in open court or unless the court determines that a public hearing is necessary to the public interest and the proper administration of justice. e. Upon the issuance of an order to disclose such records, the court shall impose appropriate safeguards against unauthorized disclosure, which shall specify the persons who may have access to the information, the purposes for which the information shall be used, and appropriate prohibitions on future disclosures.

Del. Code tit. 16, § 712 Custodian of records.

No Department of Public Health and Social Services or local health department officer or employee shall be examined in a civil, criminal, special or other proceeding as to the existence or contents of pertinent records for a person examined or treated for an STI, STD, or HIV infection by the Division of Public Health, or of the existence of contents of such reports received from a private health-care professional or private health facility, without the consent of the person examined and treated for such diseases, except where the information in such records is disclosed pursuant to § 710 or § 711(2), (3) or (5) of this title.

Del. Code tit. 16, § 713 Penalties; jurisdiction.

(a) Except for § 702 of this title, whoever violates this chapter or any lawful rule or regulations made by the Department of Health and Social Services under § 707 of this title, or fails to obey any lawful order issued by the Director under this chapter shall be fined not less than $100 nor more than $1,000. (b) Whoever violates § 702 of this title shall be fined not less than $25 and not more than $200 for each offense. (c) Each separate day that a violation of this chapter as defined under subsections (a) and (b) of this section continues shall be deemed a separate offense for penalty purposes. (d) Justices of the peace have jurisdiction of offenses under this chapter.

Del. Code tit. 16, § 714 Definitions.

For purposes of this subchapter the following definitions shall apply: (1) “AIDS” shall mean Acquired Immunodeficiency Syndrome, a stage of HIV illness. (2) “Approved laboratory” shall mean a laboratory approved by the Department for the purpose of performing standard tests for HIV as recognized as such by the Department. (3) “Clinical setting” shall mean prenatal clinics, hospital emergency departments, urgent care clinics, inpatient services, substance abuse treatment clinics, public health clinics, nursing homes, community clinics, correctional health-care facilities, blood banks, blood centers, sperm banks, primary care settings, and other public or private settings as defined by the Division. (4) “Health-care provider” shall mean any nurse, physician, dentist or other dental worker, optometrist, podiatrist, chiropractor, laboratory or blood bank technologist or technician, phlebotomist, dialysis personnel, emergency health-care provider (including any paramedic, emergency medical technician, law-enforcement personnel or firefighter), others whose activities involve contact with patients, their blood or corpses, and other public or private providers as defined by the Division. (5) “Health facility” shall mean a hospital, nursing home, clinic, blood bank, blood center, sperm bank, laboratory, or other health-care institution. (6) “HIV” shall mean the Human Immunodeficiency Virus, a virus that can be transmitted sexually and that is identified as the causative agent of AIDS. (7) “HIV-related tests” shall mean HIV tests, CD4 cell count tests, viral load tests, or any other tests related to HIV. (8) “HIV test” shall mean a test to detect HIV infection. (9) “Informed consent” means consent of the subject of the test or subject’s legal guardian to the performance of HIV testing by a health-care provider who has informed the subject or the subject’s legal guardian both verbally and in writing, to an extent reasonably comprehensive to general lay understanding, of the nature of the proposed testing and of the risks and alternatives to testing which a reasonable person would consider material to the decision whether or not to undergo testing. (10) “Invasive medical procedure” shall mean any procedure involving surgical entry into tissues, cavities, or organs. (11) “Legal guardian” shall mean a person appointed by a court to assume legal authority for another who has been found incompetent or, in the case of a minor, a person who has legal custody of the minor. (12) “Manner known to transmit HIV” shall mean parenteral exposure to blood or blood products including but not limited to injection through the skin, sexual exposure, or exposure as otherwise determined by the Division. (13) “Nonclinical setting” shall mean community-based organizations (CBO), outreach and education settings, mobile vans, and other settings as defined by the Division. (14) “Person” shall mean any natural person, partnership, association, joint venture, trust, public, or private corporation, or health facility. (15) “Prevention counseling” shall mean an interactive process of assessing risk, recognizing specific behaviors that increase the risk for acquiring or transmitting HIV, and developing a plan to take specific steps to reduce risks. (16) “Release of test results” shall mean a written authorization for disclosure of test results, which is signed, dated and specifies to whom disclosure is authorized and the time period during which the release is to be effective. (17) “Routine/opt-out testing” shall mean that the general consent for medical care shall encompass testing for HIV and that testing may be performed as a part of routine care unless it is declined and that declination is noted in the medical record. A separate consent for HIV testing is not required. (18) “Test counseling” shall include information that includes an explanation of the testing process/procedure, the meaning of possible test results, and provision of resources for additional information about relevant infections. The information may be provided orally or in writing and the subject of the counseling given the opportunity to ask questions.

Del. Code tit. 16, § 715 Consent for HIV testing.

(a) A health-care provider or other person who performs HIV testing services in a clinical setting may provide routine/opt-out testing provided that the following occurs: (1) The subject is informed, orally or in writing, that routine/opt-out HIV testing is encompassed by the general consent for medical services. (2) The subject is given the opportunity to refuse consent to HIV testing at each instance of testing. Documentation of such refusal shall be noted in the subject’s medical record. (3) The subject is provided HIV test counseling, orally or in writing, at the first instance of testing and by request thereafter. (b) The health-care provider or other person who performs HIV testing services in a nonclinical setting must obtain written documentation of informed consent at each instance of HIV screening. (1) Informed consent to an HIV test in a nonclinical setting shall consist of a voluntary agreement executed by the subject of the test or the subject’s legal guardian. (2) At each instance of testing, the subject of the test must be offered HIV test counseling and prevention counseling prior to consent for HIV testing. (c) Notwithstanding any other provision of law, a minor 12 years of age or older may consent or refuse consent to be a subject of HIV-related testing and to counseling relevant to the test. The consent or refusal of the minor shall be valid and binding as if the minor had achieved majority, and shall not be voidable, nor subject to later disaffirmance, because of minority. (d) Notwithstanding subsection (a) of this section the provisions of subsections (b) and (c) of this section do not apply when: (1) Knowledge of such test results is necessary for medical diagnostic purposes to provide appropriate emergency care or treatment and the subject of the test is unable to grant or withhold consent. (2) The testing is done for the purposes of research; provided that the test is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher. (3) A health-care provider or health-care facility procures, processes, distributes or uses: a. Blood; b. A human body part donated for a purpose specified under the Uniform Anatomical Gift Act (Chapter 27 of this title); or c. Semen provided prior to July 11, 1988, for the purpose of artificial insemination, and such test is necessary to assure the medical acceptability of such gift or semen for the purposes intended. (4) The health of a health-care worker has been threatened during the course of a health-care worker’s duties, as a result of exposure to blood or body fluids of the patient in a manner known to transmit HIV. (5) It is necessary to control the transmission of HIV infection as may be allowed pursuant to this chapter as it relates to sexually transmitted diseases, or § 6523(b) of Title 11 as it relates to the Department of Correction. (6) Testing is ordered by a court of competent jurisdiction within the confines of civil or criminal litigation where the results of an HIV-related test of a party, or a person in the custody or under the legal control of another party, is relevant to the ultimate issue of culpability and/or liability. Said order must be issued in compliance with the following provisions: a. No court of this State shall issue such order unless the court finds that there is a compelling need for such test results, which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the need for testing and disclosure of the test results against the privacy interest of the test subject and the public interest, which may be disserved, by disclosure which deters future testing or which may lead to discrimination. b. Pleadings pertaining to ordering of an HIV-related test shall substitute a pseudonym for the true name of the subject of the test. The true name shall be communicated confidentially, in documents not filed with the court. c. Before granting any such order, the court shall provide the subject of the test with notice and a reasonable opportunity to participate in the proceedings if the individual is not already a party. d. Court proceedings as to disclosure of test results so ordered shall be conducted in camera unless the subject of the test agrees to a hearing in open court or unless the court determines that a public hearing is necessary to the public interest and the proper administration of justice. (e) Any person on whom an HIV-related test was performed without first having obtained informed consent pursuant to paragraphs (d)(1), (4) and (5) of this section shall be given notice promptly, personally and confidentially that a test sample was taken and the results of such test may be obtained upon request. (f) At the time of learning the test result, the subject of the test or the subject’s legal guardian shall be provided with counseling for coping with the emotional consequences of learning the result, for understanding the interpretation of the test result, for understanding measures for preventing infection to others, to urge the voluntary notification of sexual and needle-sharing partners of the risk of infection and the availability of any appropriate health-care services, including mental health-care and appropriate social and supportive services.

Del. Code tit. 16, § 716 HIV testing of pregnant women.

(a) A perinatal care provider may provide routine/opt-out testing pursuant to § 715(a) of this title. (1) In addition to the provisions of this subsection, a licensed health-care provider who renders the primary prenatal care for a pregnant woman must offer HIV testing upon intake to perinatal services, during the third trimester, and at intake into labor and delivery if the result of previous test are not available or documented in the patient’s chart. (2) In addition to the provisions this subsection, a licensed health-care provider who renders the primary prenatal care for a pregnant woman must also counsel a pregnant woman that is found to be HIV-infected, orally or in writing, about the dangers to her fetus and about the treatment options for maintaining her health and reducing chances of transmission of HIV to her fetus. (b) A pregnant woman shall have the right to refuse consent to testing HIV infection at any instance of testing and to refuse any recommended treatment. Documentation of such refusal shall be maintained in the patient’s medical record. All other provisions of this subchapter shall apply to such counseling, testing, and disclosure, which take place pursuant to this section.

Del. Code tit. 16, § 717 Confidentiality.

(a) No person may disclose or be compelled to disclose the identity of any person upon whom an HIV-related test is performed, or the results of such test in a manner which permits identification of the subject of the test, except to the following person: (1) The subject of the test or the subject’s legal guardian. (2) Any person who secures a legally effective release of test results executed by the subject of the test or the subject’s legal guardian. (3) An authorized agent or employee of a health facility or health-care provider if the health facility or health-care provider itself is authorized to obtain the test results, the agent or employee provides patient care or handles or processes specimens of body fluids or tissues, and the agent or employee has a medical need to know such information to provide health-care to the patient. (4) Health-care providers providing medical care to the subject of the test, when knowledge of the test results is necessary to provide appropriate emergency care or treatment. (5) When part of an official report to the Division as may be required by law or regulation. (6) A health facility or health-care provider which procures, processes, distributes or uses: a. Blood; b. A human body part from a deceased person donated for a purpose specified under the Uniform Anatomical Gift Act [Chapter 27 of this title]; or c. Semen provided prior to July 11, 1988, for the purpose of artificial insemination. (7) Health facility staff committees or accreditation or oversight review organizations which are conducting program monitoring, program evaluation or service reviews, including the Maternal and Child Death Review Commission conducting reviews pursuant to Title 31. (8) Pursuant to Chapter 9 of this title as it relates to investigation of child abuse. (9) Pursuant to subchapter I of this chapter as it relates to sexually transmitted diseases and their control. (10) A person allowed access to said record by a court order which is issued in compliance with § 715(d)(6) of this title. Upon the issuance of an order to disclose test results, the court shall impose appropriate safeguards against unauthorized disclosure, which shall specify the persons who may have access to the information, the purposes for which the information shall be used and appropriate prohibitions on future disclosures. (11) Pursuant to Chapter 12A of this title as it relates to notification of emergency medical care providers. (b) No person to whom the results of an HIV-related test have been disclosed pursuant to subsection (a) of this section shall disclose the test results to another person except as authorized by subsection (a) of this section. (c) The provisions in this section shall not interfere with the transmission of information as may be necessary to obtain third-party payment for medical care related to HIV infection or with the documentation of cause of death on death certificates.

Del. Code tit. 16, § 718 Enforcement of subchapter.

(a) Any person aggrieved by a violation of this subchapter shall have a right of action in the Superior Court and may recover for each violation: (1) Against any person who negligently violates a provision of this subchapter, damages of $1,000 or actual damages, whichever is greater. (2) Against any person who intentionally or recklessly violates a provision of this subchapter, damages of $5,000 or actual damages, whichever is greater. (3) Reasonable attorneys’ fees. (4) Such other relief, including an injunction, as a court may deem appropriate. (b) Any action under this subchapter is barred unless the action is commenced within 3 years after the cause of action accrues. A cause of action will accrue when the injured party becomes aware of an unauthorized disclosure pursuant to § 717 of this title, or that an HIV-related test has been conducted without informed consent pursuant to § 715 of this title. (c) The Attorney General may maintain a civil action to enforce this subchapter in which a Court may order any relief authorized by subsection (a) of this section. (d) Nothing in this subchapter shall be construed to impose civil liability or criminal sanction for disclosure of an HIV-related test result in accordance with any reporting requirement by the Division.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c007/sc01/index.htmlFetched: 10/4/2026

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Del. Code tit. 16, ch. 7 — Sexually Transmitted Diseases | Delaware Code — Delaware | Corpus