2017 Delaware Code
Title 16 - Health and Safety
CHAPTER 12. INFORMED CONSENT AND CONFIDENTIALITY
Subchapter II Confidentiality of Personal Health Information
§ 1210. Definitions.

As used in this subchapter:

(1) "Expunge'' or "expunged'' means to permanently destroy, delete or make nonidentifiable.

(2) "Informed consent'' means a written authorization for the disclosure of protected health information on a form substantially similar to one promulgated by the Department of Health and Social Services which is signed in writing or electronically by the individual who is the subject of the information. This authorization shall be dated and shall specify to whom the disclosure is authorized, the general purpose for such disclosure, and the time period in which the authorization for the disclosure is effective.

(3) "Legitimate public health purpose'' means a population-based activity or individual effort primarily aimed at the prevention of injury, disease, or premature mortality or the promotion of health in the community, including all of the following:

a. Assessing the health needs of the community through public health surveillance and epidemiological research.

b. Developing public health policy.

c. Responding to public health needs and emergencies.

d. Review by the Child Death Review Commission or the Child Protection Accountability Commission.

e. Requests for hospital records by the Division of Long Term Care Residents' Protection pursuant to § 1212 of this title.

f. Review by the Drug Overdose Fatality Review Commission.

(4) "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 healthcare 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.

(5) "Research'' means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge.

73 Del. Laws, c. 355, § 12; 75 Del. Laws, c. 361, § 4; 75 Del. Laws, c. 387, § 3; 77 Del. Laws, c. 307, § 1; 78 Del. Laws, c. 277, § 3; 80 Del. Laws, c. 187, § 10; 81 Del. Laws, c. 94, § 1.;