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SB 301

Delaware Senate bill in Session 153.

Status: passed_lower. Latest action: May 21, 2026.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO HOSPITAL DISCHARGE PLANS FOR PREGNANT PATIENTS.

Bill ID DE-153-SB-301
Session 153
Status passed_lower
Committee Health & Social Services
Senate passed_lower 2026-05-21
Summary

This Act requires that a hospital create a discharge plan if a pregnant patient who is experiencing signs or symptoms consistent with labor is discharged before delivery. This requirement to create a discharge plan applies to patients discharged from either in-patient treatment or observation status and must contain all of the following: 1. Aftercare instructions and guidelines and that these instructions and guidelines were explained to the patient, patient’s agent, or patient’s lay caregiver. 2. An assessment of travel distance and time between the primary residence of the patient and the hospital. 3. Verification of reliable transportation between the primary residence of the patient and the hospital. 4. Identification of a back-up hospital or facility at which the patient may obtain labor and delivery services. This Act is modeled on the Women Expansion of Learning and Labor Safety or WELLS Act, H.R. 7830, which was introduced in Congress on March 5, 2026. The WELLS Act is named after Mercedes Wells, a Black woman who was forced to give birth on the side of the road minutes after being discharged from a hospital while in active labor. Under existing law, Chapter 30J of Title 16 provides discharge planning requirements when a patient is being discharged home after admission to a hospital. The requirements under this Act are in addition to, but can be combined with, these existing discharge planning requirements if the patient being discharged is pregnant and experiencing signs or symptoms consistent with labor. This Act also renames and reorganizes Chapter 30J of Title 16 by making existing law Subchapter I and creating a new Subchapter II with the requirements under this Act. As such, this Act makes corresponding changes to existing law to change references to Chapter 30J to the new subchapter.

Sponsor
Pinkney
Official Source Back to Bills
Actions Timeline
Date Event Detail
2026-05-05 Introduced Bill introduced
2026-05-21 Status passed_lower
2026-05-21 Latest Action Assigned to Health & Human Development Committee in House
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SA 1 to SB 320
by inserting the following before line 1 and redesignating the sections of this Act accordingly: “Section 1. Amend § 3002G, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: § 3002G. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23]. For purposes of this chapter: (1) “Health-care practitioner” means an individual licensed under Title 24 as any of the following: a. A physician. b. An advanced practice registered nurse. c. A physician associate. d. A pharmacist. ”. FURTHER AMEND Senate Bill No. 320 by inserting between lines 174 and 175 the following: “ § 2569. Malpractice reporting requirements. (a) A pharmacist practicing under this chapter shall inform the Board in writing of any medical malpractice claim against the pharmacist that has been settled or adjudicated to final judgment (“judgment”). A medical or pharmaceutical insurance carrier who has provided coverage on the malpractice claim shall also inform the Board in writing of the malpractice claim. Notice required to be made under this subsection must be filed with the Board within 30 days of the settlement or judgment. (b) The Board shall refer a notice of medical malpractice made in accordance with subsection (a) of this section to the Division of Professional Regulation to be investigated. The Board must make the referral to the Division of Professional Regulation within 60 days of receiving notice under subsection (a) of this section. ”. FURTHER AMEND Senate Bill No. 320 on line 175 by deleting “ § 2569. ” and inserting in lieu thereof the following: “ § 2570. ”.
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