Del. Code tit. 16 § 9706

Current through 2024 Legislative Session Act Chapter 510
Section 9706 - [Effective 9/30/2025] Office of medical services - additional functions
(a) In order to monitor and evaluate the effectiveness of the EMS system, the Office must be notified of any proposed new service or major service modification within the emergency medical services system in Delaware.
(b) Copies of applications for federal, state and county emergency medical service grant funds shall be sent to the Office.
(c) All proposed legislation pertaining to the EMS system in Delaware shall be reviewed by DEMSOC with recommendations from the Office.
(d) The Office shall, with the consent of the Director of the Division of Public Health, be authorized to make news releases pertaining to the emergency medical services system as required in order to inform the public on issues pertinent to the health and well being of the citizens of Delaware.
(e) The Office shall be required to provide routine progress reports identifying the accomplishments and the problem areas within the system to DEMSOC at its regularly scheduled meetings. In addition, an annual summary report shall be sent to the Chairperson of DEMSOC through the Division Director by August 15 of each year.
(f) The Office is authorized and empowered to apply for, accept and disburse grants, gifts and contributions from the government, individuals, foundations, corporations and other organizations, agencies or institutions on behalf of the EMS system in Delaware.
(g) The Director of Public Health shall, except for those activities and responsibilities for basic life support, which is under the jurisdiction of the State Fire Prevention Commission:
(1) Use the Trauma System Committee recommendations as the basis for establishing a plan for the implementation and maintenance of Delaware's Inclusive Statewide Trauma Care System. The State Trauma System Plan shall address each component of trauma care as outlined in national references such as Model Trauma Care System Plan, HRSA-BHRD, September 1990 and subsequent revisions. These include, but are not limited to:
a. Prehospital care -- Standardized and statewide policies, procedure and protocols to be used by all emergency medical service providers and licensed personnel for the identification, treatment and transport of trauma patients.
b. Prevention -- Efforts to decrease the numbers and severity of injuries, resulting in decreased demand for care.
c. Hospital care -- Standards and criteria for hospital personnel, equipment and designation that identify the necessary resources that hospitals must have in order to be recognized within Delaware's Inclusive Statewide Trauma Care System as a specified category trauma facility. These standards and criteria shall be consistent with those identified in national trauma system references, such as the American College of Surgeons' Resources for Optimal Care of the Injured Patient: 1993 and subsequent revisions. All expenses associated with utilizing a nationally recognized accreditation team to verify a hospital's compliance with hospital designation criteria will be the responsibility of the hospital being surveyed.
d. Rehabilitative care -- Standards for the follow-up care for persons with disabilities resulting from injuries.
e. Trauma continuing education -- The on-going trauma related education for trauma care system personnel/providers to maintain knowledge and skills.
f. Trauma care system evaluation -- Monitor policies and procedures regarding the effectiveness/impact of trauma care systems.
(2) The Director of Public Health shall have the authority to promulgate rules for the management of all components of Delaware's Inclusive Statewide Trauma Care System, and shall seek input and review from the Trauma System Committee.
(3) Maintain a program of trauma care system evaluation, including a trauma data collection and registry system and a mechanism for evaluating and monitoring system performance throughout the continuum of trauma care.
(h) The Director of Public Health shall have the authority to promulgate rules for EMS provider recognition and compliance with an advance health-care directive that has become effective pursuant to § 2518(a) of this title, or Delaware Medical Orders for Scope of Treatment and those from other states that have become effective pursuant to Chapter 25A of this title, and shall seek input and review from the Board of Medical Licensure and Discipline, the Delaware EMS Oversight Council and the Delaware State Fire Prevention Commission. For purposes of this subsection, "EMS provider" shall mean providers certified by the Delaware State Fire Commission or the Board of Medical Licensure and Discipline. EMS providers acting in accordance with the regulations promulgated hereunder shall be immune from criminal or civil liability pursuant to §§ 2523 and 2524(d) of this title.
(i) The Director of Public Health shall, except for those activities and responsibilities for basic life support, which is under the jurisdiction of the State Fire Prevention Commission:
(1) Use the Stroke System Committee recommendations as the basis for establishing a plan for the implementation and maintenance of Delaware's Inclusive Statewide Stroke Care System.
(2) The State Stroke System Plan shall address each component of stroke care as outlined in national references. These include, but are not limited to
a. Prehospital care - standardized and statewide policies, procedure and protocols to be used by all emergency medical service providers and licensed personnel for the identification, treatment and transport of stroke patients.
b. Prevention - efforts to decrease the numbers and severity of strokes resulting in decreased demand for care.
c. Hospital care - standards and criteria for hospital personnel, equipment and designation that identify the necessary resources that hospitals must have in order to be recognized within Delaware's Inclusive Statewide Stroke Care System as a specified category stroke facility. These standards and criteria shall be consistent with those identified in national stroke system references produced by national accreditation and certification organizations. All expenses associated with utilizing a nationally recognized accreditation team to verify a hospital's compliance with hospital designation criteria will be the responsibility of the hospital being surveyed.
d. Rehabilitative care - standards for the follow-up care for persons with disabilities resulting from injuries.
e. Stroke continuing education - The ongoing stroke-related education for stroke care system personnel/providers to maintain knowledge and skills.
f. Stroke care system evaluation - monitor policies and procedures regarding the effectiveness/impact of stroke care systems.
(3) Have the authority to promulgate rules for the management of all components of Delaware's Inclusive Statewide Stroke Care System, and shall seek input and review from the Stroke System Committee.
(4) Maintain a program of stroke care system evaluation, including a stroke data collection and registry system and a mechanism for evaluating and monitoring system performance throughout the continuum of stroke care.
(j) The Director of the Division of Public Health shall have the authority to promulgate rules, in consultation with the Delaware Emergency Medical Services Advisory Council and the Director of the Division of Professional Regulation, to combine emergency medical services data and emergency department data about non-fatal overdoses with data from the Prescription Monitoring Program database.

16 Del. C. § 9706

Amended by Laws 2023, ch. 467,s 11, eff. 9/30/2025.
Amended by Laws 2017 , ch. 429, s 3, eff. 9/10/2018.
Amended by Laws 2015 , ch. 404, s 4, eff. 8/30/2016.
Amended by Laws 2015 , ch. 18, s 3, eff. upon the adoption of regulations by the Department of Health and Social Services which will occur no later than one year from enactment.
63 Del. Laws, c. 383, § 1; 67 Del. Laws, c. 152, § 5; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 453, § 7; 72 Del. Laws, c. 137, § 28; 72 Del. Laws, c. 360, § 1; 75 Del. Laws, c. 194, § 1; 77 Del. Laws, c. 319, § 1.;
This section is set out more than once due to postponed, multiple, or conflicting amendments.