Delaware Code Title 16 Sec. 4799C – Powers and duties
(a) The Commission shall investigate and review the facts and circumstances of overdose deaths that occur in Delaware. The review of deaths involving criminal investigations will be delayed until the later of the conclusion of such investigation, or the adjudication of related criminal charges, if any. The Commission shall make recommendations to the Governor and General Assembly, at least annually, regarding those practices or conditions which impact the frequency of overdose deaths and steps that can be taken to reduce the frequency of such overdose deaths. All recommendations made under this subsection must comply with applicable state and federal confidentiality provisions, including those enumerated under § 4799D of this title. Notwithstanding any provision of this subchapter to the contrary, no recommendation may specifically identify any individual or any nongovernmental agency, organization, or entity.
Terms Used In Delaware Code Title 16 Sec. 4799C
- Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means to the body of a patient or research subject by:
- Person: means individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association, or any other legal entity. See Delaware Code Title 16 Sec. 4701
- Production: includes the manufacturing, planting, cultivating, growing or harvesting of a controlled substance. See Delaware Code Title 16 Sec. 4701
- State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof and any area subject to the legal authority of the United States of America. See Delaware Code Title 16 Sec. 4701
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) Reviews conducted by the Commission and regional review teams shall in all cases include a review of the medical records of the deceased.
(c) In connection with any review, the Commission and regional review teams shall have the power and authority to:
(1) Administer oaths; and
(2) Compel the attendance of witnesses whose testimony is related to the overdose death under review and the production of any records related to the death or pertinent to the Commission’s investigation, through the use of process issued by the Department of Justice pursuant to § 2508 of Title 29.
(d) Notwithstanding any provision of this subchapter to the contrary, no person identified by the Department of Justice as a potential witness in any criminal prosecution arising from an overdose death shall be questioned, deposed or interviewed by or for the Commission in connection with its investigation and review of such death until the completion of such prosecution.
80 Del. Laws, c. 220, § ?1; 81 Del. Laws, c. 94, § ?2; 83 Del. Laws, c. 49, § 3;