1 Del. Admin. Code § 710-18.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 710-18.0 - Training/Certification18.1 Eligibility for Delaware EMT Certification. All individuals who successfully complete initial EMT training may be eligible for and must successfully pass the NREMT examination to receive Delaware EMT certification. 18.1.1 Apply to the Commission on the approved application form.18.1.2 An individual may apply for certification as an EMT provided that: 18.1.2.1 The individual is a member in good standing of a Delaware fire department, an ambulance company, a private ambulance provider, or any other group, business, or industry authorized or recognized by the Commission to provide BLS ambulance service within the State.18.1.2.2 The individual has a current EMT, Advanced Emergency Medical Technician (AEMT) or paramedic certification from the NREMT.18.1.2.3 The Chief, CEO, EMS Officer, or head of the respective organization signs the application. A sponsor signature is required for every initial Delaware EMT certification and reciprocity application. A sponsor signature is not required on recertification EMT applications.18.1.2.4 A person seeking certification must meet the criminal history background check as mandated in 16 Del.C. § 6712(b), effective July 12, 2001 and follow the procedures outlined in this regulation.18.1.2.5 The individual must be 18 years of age.18.1.2.6 An individual applying for certification must meet the requirement of 1 DE Admin. Code 701.18.2 Delaware Certification 18.2.1 Certification may be obtained by successfully completing a state approved EMT course and passing the NREMT exam. Registration and certification will be issued for the time period to coincide with the NREMT Certification cycle. This is typically a 2-year period. All EMTs must maintain their NREMT card to maintain a Delaware EMT certification.18.2.2 Individuals who take an EMT class from a state-approved provider other than the Delaware State Fire School are required to meet all Commission requirements for certification.18.2.2.1 It is the responsibility of the individual applying for certification to provide criminal history background check pursuant to 16 Del.C. § 6712.18.2.2.2 It is the responsibility of the individual applying to provide all necessary documentation for certification which includes their course completion certificate, a copy of their current CPR/AED healthcare provider card and NREMT certification card, approved by the Commission, Delaware protocol training and current NREMT card.18.2.2.3 EMT students in training who the Commission receives an arrest notification for, will be permitted to continue training, but will not have their Delaware State EMT card issued to them, until such time that the arrest has been adjudicated by the courts and before the Commission in the EMTs favor.18.3 Recertification as Delaware EMT 18.3.1 Individuals will be recertified for a 2-year period to coincide with their NREMT card.18.3.2 The recertification requirements for a Delaware EMT will be determined by the Commission, with recommendations of their medical director.18.3.3 Requirements for recertification are:18.3.3.1 Individuals must submit a request for recertification to the Commission documenting completion of the following requirements: 18.3.3.1.1 Successfully complete the National Continued Competency Program or an approved in-State Delaware EMT refresher that meets the National Continued Competency Program (NCC) (NHTSA) most current curriculum conducted by the Delaware State Fire School or an equivalent sanctioned by OEMS and approved by the Commission.18.3.3.1.2 certification; to coincide with the Delaware certification cycle.18.3.3.1.3 Complete the approved application form provided by the Commission.18.3.3.1.4 The applicant for recertification is a member in good standing of a Delaware fire department, an ambulance organization, a private ambulance provider, or any other group, buisness, or industry certified or recognized by the Commission to provide BLS ambulance service within the State.18.3.3.1.5 The Chief, EMS Officer, Chief Executive Officer, President, or head of the respective organization must sign the application. A sponsor signature is required for every initial Delaware EMT certification and reciprocity application. A sponsor signature is not required on recertification EMT applications.18.3.3.1.6 The applicant for recertification has not previously had their Delaware EMT certification revoked. Previous suspension of a Delaware EMT Certification may be grounds for denial of recertification.18.3.3.1.7 A Delaware EMT employed in another state may present a certificate of completion for training credit from an out-of-state refresher program that participates in the NHSTA NCCP program. The EMT will be required to complete the Delaware content under the local section of the NCCP curriculum to complete the required Delaware refresher for recertification.18.3.4 Reregistration as an NREMT : The registration requirements for a National Registered Emergency Medical Technician will be determined by the NREMT. Continuing education classes to achieve reregistration through NREMT shall be approved in accordance with NREMT policy and procedures.
18.3.5 Active duty military personnel not able to recertify due to deployment will be permitted an extension of certification until they are able to return and complete necessary requirements. Upon return the individual shall have 90 days to complete recertification requirements.18.4 Decertification; Violations; Penalties and Disciplinary Procedure18.4.1 The Commission may decertify or otherwise discipline a Commission certified EMT or ambulance service provider where the EMT or provider: 18.4.1.1 Does not meet the recertification requirements as defined by the Commission;18.4.1.2 Has obtained certification by means of fraud or deceit;18.4.1.3 Has demonstrated gross negligence, a pattern of negligence, or has proven otherwise to be grossly incompetent; or18.4.1.4 Has violated protocols;18.4.1.5 Has violated or aided or abetted in the violation of any provision of this regulation; or18.4.1.6 Has violated any contractual agreement related to providing ambulance service;18.4.1.7 Has engaged in unprofessional conduct;18.4.1.8 Had their NREMT certification revoked by the National Registry of Emergency Medical Technicians;18.4.1.9 Is charged with an offense as specified in 16 Del.C. § 6712(b);18.4.1.10 Has had a suspension or revocation of EMT certification or of the authorizing document to practice in another profession or occupation regulated by the Commission or has had other disciplinary action taken by the regulatory authority in another state or jurisdiction. In making its determination, the Commission may take notice of decisions and proceedings made by other regulatory bodies and may refuse to permit a collateral attack on those decisions;18.4.1.11 Has a history of disciplinary violations;18.4.1.12 Has failed or is noncompliant with drug testing;18.4.1.13 Where physical or psychological limitations prevent the EMT from performing the essential functions of the job with reasonable accommodations, consistent with any applicable federal or state disability law; or18.4.1.14 Fails to report any discipline from another state or jurisdiction.18.4.2 "Unprofessional conduct" includes any of the following acts or omissions: 18.4.2.1 The use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest, or unethical practice in connection with a certification, registration, or licensing requirement of this regulation, or in connection with the practice of EMT services or other profession or occupation regulated by the Delaware State Fire Prevention Commission;18.4.2.2 Conviction of or admission under oath to having committed a crime substantially related to the practice of EMT services or other profession or occupation regulated by the Commission, including but not limited to those specified in 16 Del.C. § 6647;18.4.2.3 Any dishonorable, unethical, or other conduct likely to deceive, defraud, or harm the public;18.4.2.4 The practice of EMT services or other profession or occupation regulated by the Commission under a false or assumed name;18.2.4.5 The practice of EMT services or other profession or occupation regulated by the Commission without a certificate or other authorizing document or renewal of such document, unless otherwise authorized by the Commission;18.2.4.6 The use, distribution, or issuance of a dangerous or narcotic drug, other than for therapeutic or diagnostic purposes;18.2.4.7 Abuse, misuse, or diversion of illicit or illegal drugs, controlled substances or prescription drugs or alcohol;18.2.4.8 The practice of EMT services or other profession or occupation regulated by the Commission by any EMT whose physical or mental capacity is not adequate to safely perform the EMT's duties and responsibilities;18.4.2.9 Advertising of the practice of EMT services or other profession or occupation regulated by the Commission in an unethical or unprofessional manner;18.4.2.10 Knowing or intentional performance of an act which, unless authorized by the Commission, assists an unauthorized person to practice EMT services or other profession or occupation regulated by the Commission;18.4.2.11 The failure to provide adequate supervision to an individual working under the supervision of a person who is certified to practice EMT services or other profession or occupation regulated by the Commission;18.4.2.12 Unjustified failure upon request to divulge information relevant to the authorization or competence of a person to practice EMT services or other profession or occupation regulated by the Commission to the Commission, or to anyone designated by the Commission to request such information;18.4.2.13 The violation of a provision of this regulation or the violation of an order of the Commission related to the practice of EMT services, BLS service or to the procedures of other professions or occupations regulated by the Commission, the violation of which more probably than not will harm or injure the public or an individual;18.4.2.14 Charging a grossly exorbitant fee for EMT services or BLS Services rendered;18.4.2.15 Use of private information from PCRs or other medical documents for nonprofessional reasons;18.4.2.16 Failure to cooperate in a Commission investigation;18.4.2.17 Failure to answer a Commission subpoena;18.4.2.18 Placing patient care reports into the Commission approved patient care reporting system without a current valid State of Delaware EMT certification;18.4.2.19 The conviction of any of the following crimes from Title 11 of the Delaware Code by way of example and not of limitation set forth in the Delaware Code Annotated or similar offenses in another jurisdiction:18.4.2.19.1 §601 Offensive Touching;18.4.2.19.2 §602 Aggravated Menacing;18.4.2.19.3 §603 Reckless endangering in the second degree;18.4.2.19.4 §604 Reckless endangering in the first degree;18.4.2.19.5 §605 Abuse of a pregnant female in the second degree;18.4.2.19.6 §606 Abuse of a pregnant female in the first degree;18.4.2.19.7 §611 Assault in the third degree;18.4.2.19.8 §612 Assault in the second degree;18.4.2.19.9 §613 Assault in the first degree;18.4.2.19.10 §615 Assault by abuse or neglect;18.4.2.19.11 §625 Unlawfully administering drugs;18.4.2.19.12 §626 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs;18.4.2.19.13 §627 Prohibited acts as to substances releasing vapors or fumes;18.4.2.19.14 §629 Vehicular assault in the first degree;18.4.2.19.15 §630 Vehicular homicide in the second degree;18.4.2.19.16 §630A Vehicular homicide in the first degree;18.4.2.19.17 §631 Criminally negligent homicide;18.4.2.19.18 §632 Manslaughter;18.4.2.19.19 §633 Murder by abuse or neglect in the second degree;18.4.2.19.20 §634 Murder by abuse or neglect in the first degree;18.4.2.19.21 §635 Murder in the second degree;18.4.2.19.22 §636 Murder in the first degree;18.4.2.19.23 §645 Promoting suicide;18.4.2.19.24 §763 Sexual harassment;18.4.2.19.25 §764 Indecent exposure in the second degree;18.4.2.19.26 §765 Indecent exposure in the first degree;18.4.2.19.27 §766 Incest;18.4.2.19.28 §767 Unlawful sexual contact in the third degree;18.4.2.19.29 §768 Unlawful sexual contact in the second degree;18.4.2.19.30 §769 Unlawful sexual contact in the first degree;18.4.2.19.31 §770 Rape in the fourth degree;18.4.2.19.32 §771 Rape in the third degree;18.4.2.19.33 §772 Rape in the second degree;18.4.2.19.34 §773 Rape in the first degree;18.4.2.19.35 §774 Sexual extortion;18.4.2.19.36 §776 Continuous sexual abuse of a child;18.4.2.19.37 §780 Female genital mutilation;18.4.2.19.38 §781 Unlawful imprisonment in the second degree;18.4.2.19.39 §782 Unlawful imprisonment in the first degree;18.4.2.19.40 §783 Kidnapping in the second degree;18.4.2.19.41 §783A Kidnapping in the first degree;18.4.2.19.42 §791 Acts constituting coercion;18.4.2.19.43 §801 Arson in the third degree;18.4.2.19.44 §802 Arson in the second degree;18.4.2.19.45 §803 Arson in the first degree;18.4.2.19.46 §804 Reckless burning or exploding;18.4.2.19.47 §811 Criminal mischief, Felony;18.4.2.19.48 §820 Trespassing with intent to peer or peep into a window or door of another;18.4.2.19.49 §824 Burglary in the third degree;18.4.2.19.50 §825 Burglary in the second degree;18.4.2.19.51 §826 Burglary in the first degree;18.4.2.19.52 §828 Possession of burglar's tools or instruments facilitating theft;18.4.2.19.53 §831 Robbery in the second degree;18.4.2.19.54 §832 Robbery in the first degree;18.4.2.19.55 §835 Carjacking in the second degree;18.4.2.19.56 §836 Carjacking in the first degree;18.4.2.19.57 §840 Shoplifting; Felony;18.4.2.19.59 §843 Theft; false pretense;18.4.2.19.60 §844 Theft; false promise;18.4.2.19.61 §845 Theft of services;18.4.2.19.62 §846 Extortion;18.4.2.19.63 §851 Receiving stolen property;18.4.2.19.64 §854 Identity theft;18.4.2.19.65 §860 Possession of shoplifter's tools or instruments facilitating theft;18.4.2.19.66 §861 Forgery;18.4.2.19.67 §862 Possession of forgery devices;18.4.2.19.68 §871 Falsifying business records;18.4.2.19.69 §876 Tampering with public records in the first degree;18.4.2.19.70 §877 Offering a false instrument for filing;18.4.2.19.71 §878 Issuing a false certificate;18.4.2.19.72 §881 Bribery;18.4.2.19.73 §882 Bribe receiving;18.4.2.19.74 §891 Defrauding secured creditors;18.4.2.19.75 §892 Fraud in insolvency;18.4.2.19.76 §900 Issuing a bad check; Felony;18.4.2.19.77 §903 Unlawful use of payment card; Felony;18.4.2.19.78 §903 A Re-encoder and scanning devices;18.4.2.19.79 §906 Deceptive business practices;18.4.2.19.80 §907A Criminal impersonation, accident related;18.4.2.19.81 §907B Criminal impersonation of a police officer, fire fighter, emergency medical technician (EMT), paramedic or fire police;18.4.2.19.82 §908 Unlawfully concealing a will;18.4.2.19.83 §913 Insurance fraud;18.4.2.19.84 §913A Health care fraud;18.4.2.19.85 §1100A Dealing in children;18.4.2.19.86 §1101 Abandonment of child;18.4.2.19.87 §1102 Endangering the welfare of a child;18.4.2.19.88 §1103 Child abuse in the third degree;18.4.2.19.89 §1103A Child abuse in the second degree;18.4.2.19.90 §1103B Child abuse in the first degree;18.4.2.19.91 §1105 Crime against a vulnerable adult;18.4.2.19.92 §1106 Unlawfully dealing with a child;18.4.2.19.93 §1107 Endangering children;18.4.2.19.94 §1108 Sexual exploitation of a child;18.4.2.19.95 §1109 Dealing in child pornography;18.4.2.19.96 §1111 Possession of child pornography;18.4.2.19.97 §1112 Sexual offenders; prohibitions from school zones;18.4.2.19.98 §1112A Sexual solicitation of a child;18.4.2.19.99 §1113 Criminal non-support and aggravated criminal non-support;18.4.2.19.100 §1325 Cruelty to animals;18.4.2.19.101 §1326 Animals; fighting and baiting prohibited;18.4.2.19.102 §1327 Maintaining a dangerous animal;18.4.2.19.103 §1201 Bribery;18.4.2.19.104 §1203 Receiving a bribe;18.4.2.19.105 §1207 Improper influence;18.4.2.19.106 §1211 Official misconduct;18.4.2.19.107 §1212 Profiteering;18.4.2.19.108 §1222 Perjury in the second degree;18.4.2.19.109 §1223 Perjury in the first degree;18.4.2.19.110 §1233 Making a false written statement;18.4.2.19.111 §1239 Wearing a disguise during commission of a felony;18.4.2.19.112 §1240 Terroristic threatening of public officials or public servants;18.4.2.19.113 §1243 Obstructing fire-fighting operations;18.4.2.19.114 §1244 Hindering prosecution;18.4.2.19.115 §1245 Falsely reporting an incident;18.4.2.19.116 §1249 Abetting the violation of driver's license restrictions;18.4.2.19.117 §1250 Offenses against law-enforcement animals;18.4.2.19.118 §1253 Escape after conviction;18.4.2.19.119 §1254 Assault in a detention facility;18.4.2.19.120 §1256 Promoting prison contraband;18.4.2.19.121 §1257 Resisting arrest with force or violence; Felony;18.4.2.19.122 §1257A Use of an animal to avoid capture;18.4.2.19.123 §1259 Sexual relations in detention facility;18.4.2.19.124 §1261 Bribing a witness;18.4.2.19.125 §1262 Bribe receiving by a witness;18.4.2.19.126 §1263 Tampering with a witness;18.4.2.19.127 §1263A Interfering with child witness;18.4.2.19.128 §1264 Bribing a juror;18.4.2.19.129 §1265 Bribe receiving by a juror;18.4.2.19.130 §1266 Tampering with a juror;18.4.2.19.131 §1267 Misconduct by a juror;18.4.2.19.132 §1269 Tampering with physical evidence;18.4.2.19.133 §1271 Criminal contempt;18.4.2.19.134 §1271A Criminal contempt of a domestic violence protective order;18.4.2.19.135 §1273 Unlawful grand jury disclosure;18.4.2.19.136 §1302 Riot;18.4.2.19.137 §1304 Hate crimes;18.4.2.19.138 §1311 Harassment;18.4.2.19.139 §1312 Stalking;18.4.2.19.140 §1313 Malicious interference with emergency communications;18.4.2.19.141 §1335 Violation of privacy;18.4.2.19.142 §1338 Bombs, incendiary devices, Molotov cocktails and explosive devices;18.4.2.19.143 §1340 Desecration of burial place;18.4.2.19.144 §1351 Promoting prostitution in the third degree;18.4.2.19.145 §1352 Promoting prostitution in the second degree;18.4.2.19.146 §1353 Promoting prostitution in the first degree;18.4.2.19.147 §1361 Obscenity; acts constituting;18.4.2.19.148 §1365 Obscene literature harmful to minors;18.4.2.19.149 §4752 Drug Dealing - Aggravated Possession, Class B Felony;18.4.2.19.150 §4753 Drug Dealing - Aggravated Possession, Class C Felony;18.4.2.19.151 §4754 Drug Dealing - Aggravated Possession, Class D Felony;18.4.2.19.152 §4755 Drug Dealing - Aggravated Possession, Class E Felony;18.4.2.19.153 §4756 Drug Dealing - Aggravated Possession, Class F Felony;18.4.2.19.154 §4757 Miscellaneous Drug Crimes;18.4.2.19.155 §4758 Unlawful dealing in a counterfeit or purported controlled substance;18.4.2.19.156 §4761 Illegal possession and delivery of noncontrolled prescription drugs;18.4.2.19.157 §4762 Hypodermic syringe or needle; delivering or possessing; disposal; exceptions;18.4.2.19.158 §4771 Drug paraphernalia;18.4.2.19.159 §4798 Misuse of the Prescription Monitoring Program;18.4.2.19.160 §1442 Carrying a concealed deadly weapon;18.4.2.19.161 §1443 Carrying a concealed dangerous instrument;18.4.2.19.162 §1444 Possessing a destructive weapon;18.4.2.19.163 §1447 Possession of a deadly weapon during commission of a felony;18.4.2.19.164 §1447A Possession of a firearm during commission of a felony;18.4.2.19.165 §1448 Possession and purchase of deadly weapons by persons prohibited;18.4.2.19.166 §1448A Criminal history record checks for sales of firearms;18.4.2.19.167 §1449 Wearing body armor during commission of felony;18.4.2.19.168 §1450 Receiving a stolen firearm;18.4.2.19.169 §1451 Theft of a firearm;18.4.2.19.170 §1454 Giving a firearm to person prohibited;18.4.2.19.171 §1455 Engaging in a firearms transaction on behalf of another;18.4.2.19.172 §1456 Unlawfully permitting a minor access to a firearm;18.4.2.19.173 §1457 Possession of a weapon in a Safe School and Recreation Zone;18.4.2.19.174 §1458 Removing a firearm from the possession of a law enforcement officer;18.4.2.19.175 §1459 Possession of a weapon with a removed, obliterated or altered serial number;18.4.2.19.176 §1471 Prohibited Acts;18.4.2.19.177 §1504 Criminal Penalties for Racketeering;18.4.2.19.178 §3532 Acts of Intimidation: Class D felony;18.4.2.19.179 §3533 Aggravated act of intimidation, Class B felony;18.4.2.20 The conviction of Neglect of Abuse of Patient or Resident of Nursing Facilities in violation of 16 Del.C. § 1136 or similar offenses in another jurisdiction;18.4.2.21 The conviction of Driving under the Influence in violation of 21 Del.C. § 4177 or similar offenses in another jurisdiction;18.4.2.22 The conviction of Operation of a Vessel or Boat while under the Influence of Intoxicating Liquor or Drugs in violation of 23 Del.C. § 2302 or similar offenses in another jurisdiction;18.4.2.23 The conviction of Sale to Persons under 21 or Intoxicated Persons in violation of 24 Del.C. § 903 or similar offenses in another jurisdiction;18.4.3 The following procedure shall be followed for the investigation of complaints against EMTs:18.4.3.1 Any person who desires to file a complaint against any EMT or ambulance service provider must do so in writing to the Commission. The Commission shall assign an investigator to investigate the complaint. A sitting Commissioner that conducts the investigation of any complaint shall recuse that Commissioner from the hearing of that complaint.18.4.3.2 The complaint shall state the name of the EMT or ambulance provider and sufficient facts as determined by the Commission's investigator which allegedly constitute the basis for the written complaint. If any of these elements are missing in the written complaint, the Commission investigator may, in that investigator's discretion, sua sponte dismiss the complaint.18.4.3.3 The complaint shall be filed with the Commission. The Commission's designee shall, within 15 days of the receipt of the complaint, fill out a complaint, log assign a complaint number and enter the complaint in the Commission's records. A record of the complaint shall be kept with the Commission for a period of 5 years.18.4.3.4 The Commission shall mail a copy of the complaint to the complaint respondent at the address of record in the Commission's files. Commission's investigator may, in that investigator's discretion, withhold the name of the complainant until the time of the hearing. The named EMT or ambulance service provider may file an answer to the complaint within 20 calendar days of the notice of complaint.18.4.3.5 The Commission or the investigator shall suspend its investigation and withhold from the respondent reports of violations or misconduct if a request to do so is made by the Delaware Department of Justice or a federal law-enforcement authority due to the potential effects of such conduct on a pending criminal investigation. Such written request shall suspend any duty to investigate, advise the complainant or respondent, or undertake any other duties that would interfere with the ability of law enforcement to investigate the allegations successfully. The suspension shall remain in effect until the Delaware Department of Justice or federal law enforcement informs the Commission or its investigator that action by the Commission will not interfere with a pending law-enforcement investigation.18.4.3.6 The investigator assigned by the Commission shall direct the investigation of the complaint. The investigator shall issue a final report at the conclusion of the investigation. The report shall list the evidence reviewed, the witnesses interviewed and cite the law or regulation alleged to have been violated and the facts to support such finding.18.4.3.7 If there is substantial evidence to support a violation of any of these regulations or any law governing the Commission, the Commission or its investigator may forward the complaint and written report to the Department of Justice to determine whether a complaint should be filed and a hearing requested before the Commission. If the Deputy Attorney General assigned to the case recommends not to prosecute or otherwise not file a formal complaint, the Deputy Attorney General shall notify the Chair or Vice-Chair of the Commission and the investigator in writing.18.4.3.8 If the Deputy Attorney General assigned to the case recommends dismissal or no prosecution, the Commission shall, thereafter, dismiss the complaint which shall constitute a final order. The Commission shall, thereafter, file a copy of the Attorney General's recommendation and an investigator's report for informational purposes only.18.4.3.9 Nothing in this subsection shall prohibit a member of the public from filing a complaint directly with the Commission or an EMS Medical Director.18.4.4 For the purpose of the public health, safety and welfare, and after a hearing the Commission may impose any of the following sanctions against an EMT or ambulance service provider for any violation of this regulation:18.4.4.1 Dismiss without prejudice;18.4.4.2 Issue a letter of reprimand;18.4.4.3 Place the EMT on probationary status with any such license restrictions as the Commission may deem appropriate and with requirements for reporting to the Commission.18.4.4.4 Suspend any EMT's or ambulance service provider's certification;18.4.4.5 Permanently revoke any EMT's certification;18.4.4.6 Withdraw or reduce conditions of probation or suspension when the Commission finds that the deficiencies which required such action have been remedied;18.4.4.7 Require reeducation on any topic of concern;18.4.5 Voluntary relinquishment. An EMT may voluntarily relinquish their EMT certification upon request to the Commission. Once Commission has accepted the relinquishment, the requesting EMT's certification will be deactivated. An EMT may reactivate their certification upon request by requesting an appearance before the Commission to request that their EMT certification be reactivated. By approval of the Commission the request may be in writing. Based on facts presented, the Commission may approve or deny the reactivation of the EMT certification.18.4.6 Notwithstanding the foregoing, if the BLS Medical Director determines after a review of the investigation that while a violation of regulations or protocols did not occur, the Commission may issue a confidential let of concern if the Commission and or Medical Director believe that any act or omission is a matter of concern and that the EMT's practice may be improved. If an EMT receives 3 or more letters of concern, the Commission may schedule a hearing to determine if further disciplinary action may be required.18.4.7 If a complaint against an EMT or ambulance provider appears to present a clear and immediate danger to the public health, safety or welfare, the Commission or the Commission Investigator may temporarily suspend the EMT or Ambulance Provider's certification. Notice of a temporary suspension must be provided to the EMT or Ambulance Provider no later than 24 hours prior to the effective date of the suspension. An order of temporary suspension shall remain in effect until a hearing is convened. An EMT or Provider whose license has been temporarily suspended may request an expedited hearing provided that the Commission receives a request for expedition within five calendar days from the date the EMT or Provider receives notice of the temporary suspension. In no event shall an order of temporary suspension exceed 60 days.18.5 Reinstatement for Delaware EMT Certification Upon Expiration of Current Certification. 18.5.1 The following is required for reinstatement of an expired EMT Certification: 18.5.1.1 More than 24 months has not elapsed since the applicant's last certification. If more than 24 months has expired, then the applicant must reapply pursuant to subsection 18.1 of this regulations.18.5.1.2 The applicant has successfully completed an approved in-State Delaware EMT refresher that meets the National Continued Competency Program. (NHTSA) National EMS education standards most current curriculum conducted by the Delaware State Fire School or an equivalent sanctioned by OEMS and approved by the Commission.18.5.1.3 The applicant must show proof of a current CPR/AED certification card, approved by the Commission.18.5.1.4 The applicant has successfully completed the current Delaware protocol examination.18.5.1.5 The applicant obtains, at his or her expense, the background check required by 16 Del.C. § 6712.18.5.1.6 The applicant must submit any other paperwork and application for certification to the Commission.18.5.1.7 The applicant is a member in good standing of a Delaware fire department, an ambulance organization, a private ambulance provider, or any other group, business, or industry certified or recognized by the Commission to provide BLS or ambulance service.18.5.1.8 The Chief, CEO, EMS Officer, or head of the respective organization signs the application.18.5.1.9 The applicant has not previously had their Delaware EMT certification or Delaware paramedic license revoked. Previous suspension of a Delaware EMT certification or Delaware paramedic license may be grounds for denial of reinstatement.18.5.1.10 The Commission may take action against an EMT for violations of regulation and protocol that occurred prior to the lapse of an EMT's certification.18.5.2 Individuals whose card has expired 24 months or more must successfully pass an approved EMT course and pass the NREMT examination.18.6 Testing Procedures for the National Registry of Emergency Medical Technicians 18.6.1 Initial testing and retesting for National Registered EMT will follow the guidelines set forth by the National Registry of Emergency Medical Technicians.18.7 Reciprocity 18.7.1 EMTs, paramedics, nurses, or physicians who enter Delaware with a NREMT advanced emergency medical technician, nurse license, physician license or paramedic certification will receive reciprocity as an EMT in the State provided that: 18.7.1.1 They are a member in good standing of a Delaware fire department, an ambulance company, a private ambulance provider, or any other group, business, or industry authorized or recognized by the Commission to provide BLS or ambulance service within the State.18.7.1.2 They submit the required paperwork and application form to the Commission.18.7.1.3 They have a current National Registry EMT or paramedic certification.18.7.1.4 They have a CPR/AED certification card as approved by the Commission.18.7.1.5 They have successfully completed a reciprocity course approved by the Commission conducted by Delaware State Fire School which includes:18.7.1.5.1 Delaware protocols examination18.7.1.2.2 Practical examination18.7.1.2.3 Reciprocity written examination18.7.1.6 They are compliant with the criminal history background check pursuant to 16 Del.C. § 6712. Background checks are at the expense of the applicant.18.7.1.7 Applicants will be advised of the appeal process in Section 21.0 of this regulation, Criminal History Background Check, if reciprocity is denied because of criminal history background check.18.7.2 Applicants certified from other states without at least a Nationally Registered EMT certification must obtain NREMT certification prior to applying for Delaware certification.18.8 Duties and Responsibilities 18.8.1 All EMTs and ambulance drivers, and BLS providers shall:18.8.1.1 Submit a self-report to the volunteer fire, rescue or ambulance company, or ambulance service provider to which they are a member or employed and to the Commission of any arrests, convictions, charges or adjudications.18.8.1.2 Submit the report required by this section in writing within 10 days of any arrest or release from state custody.18.8.1.3 Report within 10 days of any out of state arrests, disciplinary action, open investigations, revocations or suspensions to the Commission in writing.18.8.1.4 Maintain current contact information in the approved Commission information system.18.8.1.5 Report to the Commission any positive drug or alcohol test of any EMT.18.8.1.6 Report to the Commission any suspected drug use, drug diversion, intoxication, or impairment.18.8.1.7 Report to the Commission any action taken against an EMT for sexual harassment.18.8.1.9 Carry EMT and drivers credentials while on duty. Credentials may be stored electronically on a phone. Credentials are to be shown upon request of public or Commission.18.8.1.10 Unless an EMT is involved in the emergency transport of a patient to a hospital, when stopping would cause great risk to said patient, any certified EMT, while on duty, who comes across any type of accident, event, or apparent injury, the EMT shall stop and determine if any medical aid is needed. EMT shall render medical aid to any person or persons who may be in need.18.8.2 Failure to make a report constitutes grounds for discipline under this regulation.1 Del. Admin. Code § 710-18.0
17 DE Reg. 982 (4/1/2014)
21 DE Reg. 874 (5/1/2018)
24 DE Reg. 471 (11/1/2020)
28 DE Reg. 41 (7/1/2024) (Final)