These new, notable Delaware laws take effect (or expand) in 2026

State Flag of Delaware (Photo by: Joe Sohm/Visions of America/Universal Images Group via Getty Images)

The new year is two weeks away, and come 2026, several laws will begin to go into effect, or they'll expand, in the state of Delaware.

These laws cover a wide range of legislative topics. These include health care, the environment and more. 

Let's delve into what laws Delawareans can expect as they enter the new year. 

Senate Bill 131

Letting dental hygienists administer local anesthesia

Senate Bill 131 will allow dental hygienists to administer local anesthesia in the state of Delaware.

The law specifically directs the State Board of Dentistry and Dental Hygiene to create a permit system and establish certain requirements and standards by Jan. 1. 

Local anesthesia being administered. (Photo by: BSIP/Universal Images Group via Getty Images)

The bill "expands the definition of the ‘practice of dental hygiene'…to include the administration of local anesthesia under the direct supervision of a licensed dentist," according to the bill's text. 

As the bill notes, Delaware is currently the only state that does not allow this. 

What they're saying:

"Expanding dental hygienists’ scope of practice to allow them to administer local anesthesia under the direct supervision of a licensed dentist will enable them to provide a broader range of services to patients and take some of the burden off the state’s limited supply of dentists," the bill states. 

The Healthy Delaware Families Act

Implementing paid family and medical leave 

The Healthy Delaware Families Act will help ensure that Delaware workers "have the financial support they need" to "take a leave of absence from their job due to a serious life event," according to the Delaware Department of Labor. 

Most Delaware businesses with 10 or more employees are required to participate in this paid family and medical leave program. 

Dig deeper:

Both state and private employees are eligible to take advantage of the program, but these workers must have worked at least 1,250 hours with a single employer to be eligible. They'll be able to receive up to 80% of their average weekly earnings. 

Those in need of taking a leave of absence for a qualifying life event will be able to submit claims beginning Jan. 1, 2026. To learn more about which life events qualify, you can take a look at the bill's text.  

Amendments to House Bill 70

Studying homes, rentals and lead paint

In July, Delaware Gov. Matt Meyer signed six bills aimed at "supporting the health care of vulnerable populations, protecting Delawareans from harmful substances and strengthening accountability in health care and housing." 

Handheld lead paint detector looking for lead paint in the walls of a prewar building. (Photo by: Lindsey Nicholson/UCG/Universal Images Group via Getty Images)

One of these laws requires stricter certification of lead-free housing, specifically for homes and rentals built in Delaware before 1978, when the U.S. Consumer Product Safety Commission banned the use of lead paint for homes and toys. 

What's next:

Although the new regulations won't go into effect until 2027, the new law requires a "feasibility study" to be conducted before March 2026; this is to determine the most practical way to implement these new regulations. 

House Bill 3

Breastfeeding for women in Delaware custody

House Bill 3 requires that a breastfeeding and lactation program be established for women in Delaware Department of Correction (DOC) custody by July 2026. 

The law will "permit women to collect breast milk for later retrieval and delivery to an infant or toddler by an approved person," the bill states. It will also require "the DOC to provide nutrition information and a meal plan specific to pregnant, post-partum or lactating women, based on national best practices." 

Dig deeper:

The DOC will also be required to publish an annual report on the number of participants in the program and the specific services they were provided. 

House Bill 274

Reducing egg and peanut allergies

Starting next month, Delaware state law will require insurance plans to provide coverage for "at least one peanut allergen introduction dietary supplement and at least one early egg allergen introduction dietary supplement," according to the bill's text. This will be provided at no cost when prescribed to infants. 

Various types of food that people can be allergic to. (Photo by Greg Powers for The Washington Post via Getty Images; food styling by Lisa Cherkasky for the Washington Post)

The current guidance from the American Academy of Allergy, Asthma, and Immunology and the American College of Allergy, Asthma, and Immunology recommends that children be introduced to both peanut and egg protein by the time they are six months old "to reduce the risk of developing peanut or egg allergies." 

With this bill, Delaware lawmakers aim to do just that. 

Pollution Accountability Act 

Addressing environmental pollution and restoration 

This bill increased funding to address environmental justice in Delaware communities that are more likely to deal with industrial pollution in 2025.

The bill specifically made it so these communities could have the penalty funds collected by violators of certain environmental regulations redirected into their communities for cleanup efforts. That money is distributed through the state's Community Environmental Project Fund.

What's next:

These penalty funds will continue to be funneled into these communities come 2026, with ten projects already approved for next year. 

The Source: Information above was sourced directly from the bills' text, the Delaware Department of State, the Delaware Department of Labor, a press release, the Centers for Disease Control and Prevention and the National Institutes of Health. 

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