Paramedic and Other Emergency Medical Service Systems
CHAPTER 97. EMERGENCY MEDICAL SERVICES SYSTEMS
§ 9701. Purposes.
The purposes of the emergency medical services systems legislation are to establish and/or identify specific roles and responsibilities
in regard to emergency medical services in Delaware in order to reduce morbidity and mortality rates for the citizens of Delaware
and to ensure quality of emergency care services, within available resources, through the effective coordination of the emergency
medical services system.
63 Del. Laws, c. 383, § 1; 67 Del. Laws, c. 152, § 5.;
§ 9702. Definitions.
As used in this subchapter:
(1) "Advanced life support" (ALS) shall mean the advanced level of prehospital and interhospital emergency care that includes
basic life support functions including cardiopulmonary resuscitation, plus cardiac monitoring, cardiac defibrillation, telemetered
electrocardiography, administration of antiarrhythmic agents, intravenous therapy, administration of specific medications,
drugs and solutions, use of adjunctive medical devices, trauma care and other authorized techniques and procedures.
(2) "Ambulance" shall mean any publicly or privately owned vehicle, as certified by the State Fire Prevention Commission,
that is specifically designed, constructed or modified and equipped, and is intended to be used for and is maintained or operated
for the transportation upon the streets and highways of this State for persons who are sick, injured, wounded or otherwise
incapacitated or helpless.
(3) "Ambulance attendant" shall mean a person trained in emergency medical care procedures and currently certified by the
Delaware State Fire Prevention Commission or its duly authorized agent in accordance with standards prescribed by the Commission.
Such course shall be classified as basic life support and shall be the minimum acceptable level of training for certified
emergency medical personnel.
(4) "Basic life support" (BLS) shall mean the level of capability which provides prehospital, noninvasive emergency patient
care designed to optimize the patient's chances of surviving an emergency situation.
(5) "Consumer" shall mean a recipient or potential recipient of the services provided by an emergency medical services system,
who receives no direct or indirect personal, financial or professional benefit as a result of association with health care
or emergency services other than that generally shared by the public at large, and who is not otherwise considered a "provider"
within the intent of this subchapter.
(6) "Director" shall mean the program chief of the Office of Emergency Medical Services responsible for the duties of the
Office as set forth in Chapter 97 of this title.
(7) "Disaster" shall mean a sudden unexpected event which disrupts normal community functions and/or quickly exhausts local
facilities so as to require outside help.
(8) "Early defibrillation provider" shall mean a member or employee of an early defibrillation service certified to operate
Semi-Automatic External Defibrillator (SAED) equipment under the requirements set forth in regulations promulgated by the
Department of Health and Social Services.
(9) "Early defibrillation service" shall mean any agency, organization or company, certified as such by the State Office of
Emergency Medical Services, that employs or retains providers certified in the use of semi-automatic defibrillation equipment.
(10) "Emergency medical services systems" (EMSS) shall mean a statewide system which provides for the utilization of available
personnel, equipment, transportation and communication to ensure effective and coordinated delivery of medical care in emergency
situations resulting from accidents, illness or natural disasters.
(11) "Emergency medical technician" (EMT) shall mean a person trained, and currently certified by the State Fire Prevention
Commission, in emergency medical care procedures through a course which meets the objectives of the national standard curriculum.
(12) "Emergency medical technician -- cardiac" (EMT-C), also known as cardiac rescue technician (CRT), shall mean a person
who has successfully completed a course approved by the Board of Medical Licensure and Discipline or its duly authorized representative,
which meets the objectives of the national standard curriculum.
(13) "Emergency medical technician -- paramedic" (EMT-P) shall mean a person who has successfully completed a course approved
by the Board of Medical Licensure and Discipline or its duly authorized representative, and who acts under the direct or radio
control of a physician or physician surrogate.
(14) "Health planning agencies" shall mean the federally designated health system agency and/or statewide health planning
and development agency for Delaware.
(15) "Inclusive Statewide Trauma Care System" means a Trauma System in which all current and future providers of hospital
and/or prehospital health care services may participate, at a level commensurate with the scope of their resources, as outlined
in subsection (21) of this section.
(16) "Medical control" shall mean directions and advice normally provided from a centrally designated medical facility operating
under medical supervision, supplying professional support through radio or telephonic communication for on-site and in-transit
basic and advanced life support services given by field and satellite facility personnel.
(17) "Mutual aid agreements" shall mean the establishment of appropriate arrangements with EMS systems of other states for
the provision of emergency medical services on a reciprocal basis.
(18) "Provider" shall mean a person who, as an individual or member of a corporation or organization, whether profit-making
or nonprofit, on a regular basis gives or offers for sale any supplies, equipment, professional or nonprofessional services,
or is capable of giving or offering for sale supplies, equipment or services vital or incidental to the functions of an emergency
medical services system.
(19) "Public safety personnel" shall mean law-enforcement officers, lifeguards, park rangers, firefighters, ambulance and
rescue personnel, communications and dispatch specialists and other public employees and emergency service providers charged
with maintaining the public safety.
(20) "Semi-automatic external defibrillator" shall mean a device capable of analyzing a cardiac rhythm, determining the need
for defibrillation, automatically charging and advising a provider to deliver a defibrillation electrical impulse.
(21) "Specialty care unit" shall mean sophisticated treatment facilities that provide advanced specialized definitive care
for critically ill patients. The units shall be available for the diagnosis and care of specific patient problems including
major trauma, burns, spinal cord injury, poisoning, acute cardiac, high-risk infant and behavioral emergencies.
(22) "Trauma Facility" means an acute care hospital which has received and maintains current State designation as a Trauma
Center. Categories of trauma facilities in Delaware are as follows:
a. Regional Level 1 Trauma Center: A regional resource Trauma Center that has the capability of providing leadership and comprehensive,
definitive care for every aspect of injury from prevention through rehabilitation.
b. Regional Level 2 Trauma Center: A regional Trauma Center with the capability to provide initial care for all trauma patients.
Most patients would continue to be cared for in this Center; there may be some complex cases which would require transfer
for the depth of services of a Regional Level 1 or Specialty Center.
c. Community Trauma Center: An acute care hospital that provides assessment, resuscitation, stabilization and triage of all
trauma patients, arranging for timely transfer of those patients requiring the additional resources of a Regional Trauma or
Specialty Center and delivering definitive care to those whose needs match the resources of the Community Trauma Center.
d. Participating Hospital: An acute care facility which transfers trauma patients with moderate or severe injuries to Trauma
Centers after initial resuscitation. When necessary, this facility may provide care to trauma patients with minor injuries.
Participating hospitals contribute data to the Delaware Trauma System Registry and Quality Improvement Program.
(23) "Trauma Patient" means any person with actual or potential bodily damage subsequent to an event which exposed the body
to an external force or energy.
(24) "Treatment protocols" shall mean written uniform treatment and care plans for emergency and critical patients. The treatment
plans for advanced life support must be approved and signed by appropriate physicians and/or medical groups.
63 Del. Laws, c. 383, § 1; 67 Del. Laws, c. 152, § 5; 70 Del. Laws, c. 192, §§ 1, 2; 70 Del. Laws, c. 453, §§ 1, 2; 72 Del. Laws, c. 137, §§ 20, 21; 77 Del. Laws, c. 319, § 1.;
§ 9703. Delaware Emergency Medical Services Oversight Council.
(a) There is established the Delaware Emergency Medical Services Oversight Council (DEMSOC). The Council shall consist of
the following members:
(1) A representative of the Office of the Governor appointed by the Governor:
(2) The Secretary of the Department of Safety and Homeland Security;
(3) The Secretary of the Department of Health and Social Services, or at the discretion of the Secretary, the Director of
Public Health;
(4) The Chair of the Delaware State Fire Prevention Commission or another Commissioner selected by the Chair;
(5) The President of the Delaware Volunteer Firefighter's Association;
(6) The Colonel of the New Castle County Police Department or, at the Colonel's discretion, the Director of New Castle County
Emergency Medical Services;
(7) The Kent County Administrator or, at the Administrator's discretion, the Kent County EMS Chief;
(8) The Sussex County Administrator, or at the Administrator's discretion, the Sussex County EMS Director;
(9) The President of the Delaware Chapter of the American College of Emergency Physicians;
(10) The State EMS Medical Director;
(11) The Chair of the Trauma Systems Committee;
(12) A practicing paramedic, certified and employed in the State, appointed by the Governor;
(13) The Chair of the DVFA Ambulance Advisory Committee;
(14) Three additional at-large members, 1 from each county, appointed by the Governor; and
(15) The President of the Delaware Healthcare Association or, at the President's discretion, a representative of the Delaware
Healthcare Association.
(16) The Executive Director of the Medical Society of Delaware or, at the Executive Director's discretion, a representative
of the Medical Society of Delaware;
(17) The Chair of the Delaware Police Chiefs' Council or, at the Chair's discretion, a representative of the Delaware Police
Chief's Council; and
(18) The Paramedic Commander of the Delaware State Police Aviation Unit.
(b) The members of the Council may designate a voting alternate representative.
(c) The Council shall meet at a minimum of 1 time per year.
(d) The Chairperson of the Council shall be designated from among the members by the Governor and shall serve at the pleasure
of the Governor. The Chairperson shall select a Vice Chairperson from the membership of the Council to serve in the Chairperson's
absence.
(e) The Council shall monitor Delaware's emergency medical services system to ensure that all elements of the system are functioning
in a coordinated, effective, and efficient manner in order to reduce morbidity and mortality rates for the citizens of Delaware
and to ensure quality of emergency care services.
(f) The Council shall have the following duties and responsibilities:
(1) To examine policies and procedures and evaluate the effectiveness of the EMS system, specifically the respective roles,
responsibilities, effectiveness and efficiency of the Office of Emergency Medical Services (OEMS), the State Fire Prevention
Commission, the Department of Safety and Homeland Security, the EMS provider agencies and the medical community;
(2) To study, research, plan, evaluate as well as offer guidance to, cooperate with and assist public agencies and private
institutions and organizations on methods for the coordination and effective utilization of their emergency medical service
programs;
(3) To formulate goals and recommendations, based on objective criteria and data, to be used in evaluating EMS provider agency
performance;
(4) To review and make recommendations concerning quality improvement efforts pursuant to this chapter;
(5) To make recommendations to the Office of EMS, the Department of Safety and Homeland Security, the EMS provider agencies
and the medical community for improving EMS in Delaware;
(6) To make legislative recommendations to the Governor and General Assembly;
(7) To provide an annual report on or before April 15 of each year to the Governor, General Assembly, interested parties and
the public which will outline the performance of all EMS system agencies, comparing that performance to established goals
and performance measures. The report shall also estimate the costs of Delaware's EMS medical system. Automatic external defibrillator
and cardio-pulmonary resuscitation program performance shall be included in this report. The first report will cover service
provided in calendar year 2000 and will be delivered by April 15, 2001;
(8) To make recommendations concerning EMS to the State Fire Prevention Commission. The Commission will consider and act upon
those recommendations; and
(9) To conduct a full review of EMS in the State at a minimum of every 5 years.
(g) The Council may request and shall receive from any department, division, commission or agency of the State such reasonable
assistance and data as will enable it to properly carry out its functions hereunder.
(h) OEMS shall staff the Council.
61 Del. Laws, c. 164, § 1; 67 Del. Laws, c. 47, § 50; 67 Del. Laws, c. 152, § 1; 69 Del. Laws, c. 78, § 1; 69 Del. Laws, c. 326, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 453, § 9; 72 Del. Laws, c. 137, § 2; 72 Del. Laws, c. 421, § 1; 73 Del. Laws, c. 218, §§ 1, 2, 3, 4; 73 Del. Laws, c. 368, § 10; 74 Del. Laws, c. 110, § 138; 74 Del. Laws, c. 261, § 1; 77 Del. Laws, c. 378, § 1.;
§ 9704. Office of Emergency Medical Services -- Created; purpose.
(a) The Office of Emergency Medical Services is hereby created. The Office shall be responsible for ensuring the effective
coordination and evaluation of the emergency medical services system in Delaware which includes providing assistance and advice
for activities related toward the planning, development, improvement and expansion of emergency medical services.
(b) The Office of Emergency Medical Services shall be a state agency within the Division of Public Health, Department of Health
and Social Services. The Office of Emergency Medical Services shall report directly to and be responsible to the Director
of the Division of Public Health, which is consistent with the health plan for Delaware.
(c) As used in this subchapter, the term "Office" shall refer to the State Office of Emergency Medical Services. In the performance
of the functions mandated by this legislation which relate to the planning and evaluation of the emergency medical services
system in Delaware, the Office of Emergency Medical Services shall coordinate with the Bureau of Health Planning and Resources
Development for technical assistance in emergency medical services planning activities. Specifically, the Bureau of Health
Planning and Resources Development shall have the primary responsibility for all data analysis related to the emergency medical
services system. This coordination should minimize duplication of effort between the 2 agencies and allow for the effective
use of available staff resources within the Department of Health and Social Services.
(d) Except for those activities and responsibilities for basic life support, which are under the jurisdiction of the State
Fire Prevention Commission, the Office of Emergency Medical Services shall have jurisdiction over the development, implementation
and maintenance of a Statewide Trauma System.
(e) A memorandum of agreement shall be established between the Office of Emergency Medical Services of the Division of Public
Health and the State Fire Prevention Commission to foster inclusion and coordination of Basic Life Support Services within
the Statewide Trauma System.
(f) The Director of Public Health shall establish a standing Trauma System Committee and ad hoc committees as deemed appropriate
to assist in oversight of the Inclusive Statewide Trauma Care System. The standing Trauma System Committee shall convene at
least quarterly. Membership on the standing Trauma System Committee will include, but not be limited to, a representative
of each of the following constituencies to be selected from the 3 counties within the State:
(1) Trauma rehabilitation professionals
(2) Practicing trauma surgeons
(3) Practicing emergency department physicians
(4) The Association of Delaware Hospitals
(5) Advanced Life Support prehospital providers
(6) Basic Life Support prehospital providers
(7) The State Fire School
(8) Practicing trauma subspecialty physicians
(9) Practicing pediatric surgeons or pediatricians
(10) Practicing registered nurses involved in trauma patient care
(11) Emergency medical dispatchers
(12) Hospital administration
(13) The Delaware state police aviation section
(14) A representative from the State Fire Prevention Commission.
(g) The Trauma System Committee shall be an advisory group to the Director of Public Health on the following issues:
(1) Rules governing the operation of Delaware's Inclusive Statewide Trauma Care System, which will be based upon national
references such as the American College of Surgeons' Resources for Optimal Care of the Trauma Patient: 1993.
(2) Recommendations for corrective action based on the reviews of the following:
a. Statewide trauma care system operations, including the monitoring for adherence to adopted policies, procedures, protocols
and standards, the availability of appropriate resources and the periodic review of trauma hospital participation (designation)
criteria.
b. The delivery of emergency medical and hospital services by trauma care service providers to trauma patients.
(3) Recommendation for modifications of the policies, procedures and protocols of trauma care as a result of system-wide review.
63 Del. Laws, c. 383, § 1; 67 Del. Laws, c. 152, § 5; 70 Del. Laws, c. 453, §§ 3-6.;
§ 9705. Office of Emergency Medical Licensure and Discipline -- Functions.
(a) Personnel. -- It shall be the responsibility of the Office to collect and analyze annually data pertaining to certified
emergency medical services personnel in Delaware by levels of training in order to identify possible or potential shortages.
Once EMS personnel shortages are identified, the Office shall notify the affected agencies and provide recommended courses
of action to alleviate the problem or potential problem. In order to accomplish this task, the following agencies shall be
required to provide a listing of the appropriate emergency medical services personnel by organization, level of training and
county:
(1) Delaware State Fire Prevention Commission or its duly authorized representative;
(2) Wilmington Medical Center School for Emergency Medical Technicians;
(3) Delaware Committee on Trauma of the American College of Surgeons -- advanced trauma life support;
(4) American Heart Association of Delaware -- cardiopulmonary resuscitation (CPR) training programs and advanced cardiac life
support;
(5) American Red Cross, Delaware Chapter -- CPR training and first-aid training;
(6) Delaware Chapter of the American College of Emergency Physicians;
(7) Delaware Chapter of the Emergency Department Nurses Association; and
(8) Any other organization not listed above that provides certified emergency medical training, including CPR.
(b) Training. -- All organizations providing emergency medical training programs, as listed under the personnel section, shall
provide to the Office copies of course curricula and schedules of the availability of training courses. The Office shall monitor
EMS training levels to provide information on the availability of training programs for all levels of EMS personnel. In addition,
the EMS Office shall keep abreast of all federal training standards to ensure that EMS training agencies in Delaware are aware
of regional and national standards. In accordance with § 6711(a)(3) [repealed] of this title, the State Fire Prevention Commission
shall adopt regulations setting forth the qualifications required for the certification of ambulance attendants. Since advanced
life support ambulance personnel are "physicians' assistants" as defined in subchapter VI of Chapter 17 of Title 24, they
must have been trained in programs approved by the Delaware State Board of Medical Licensure and Discipline.
(c) Communications. -- The Office shall:
(1) Through the appropriate county dispatch center directors, monitor and evaluate the effectiveness of the statewide EMS
communications system;
(2) Identify resources to improve or augment both the communications system in Delaware and the training of medical dispatchers
as needed;
(3) Monitor and evaluate the effectiveness of emergency access numbers in terms of the impact on the EMS system.
(d) Transportation. -- In conjunction with appropriate EMS providers in Delaware, the Office shall monitor and evaluate emergency
medical transportation services in Delaware to ensure that patients in the EMS system have access to effective and efficient
transportation to appropriate treatment facilities. Pursuant to § 6709 of this title, all ambulances in Delaware shall be
inspected and certified by the Delaware State Fire Prevention Commission or a duly authorized representative thereof. The
Delaware State Fire Prevention Commission or its duly authorized representative shall be required to provide to the Office
on an annual basis a listing and location of certified ambulances.
(e) Facilities. -- The Office shall monitor the availability of the various levels of care of EMS facilities and services
and shall have the authority to categorize all Delaware emergency receiving facilities and services in accordance with criteria
established by the Joint Commission on Accreditation of Hospitals (JCAH) for hospital settings and other appropriate national
professional organizations for nonhospital settings. This authority shall also include the responsibility of categorizing
and designating by level of care, when appropriate, specialty care facilities in accordance with the established criteria
of the American Medical Association or other appropriate national professional organizations. In addition, the Office shall
periodically re-evaluate the categorization or designation of emergency care facilities and specialty care services.
(f) Specialty care units. -- The Office shall identify the categorization of the 7 specialty care areas for EMS which are
available to all patients (the specialty care areas are: Trauma, burns, spinal cord, poisoning, acute cardiac, high-risk infant
and behavioral emergencies). In addition, the Office shall coordinate the activities of the EMS system to ensure that all
patients have access, within a reasonable time period depending on the nature of the illness, to specialty care services.
In accordance with this activity, the Office shall have the authority to designate or categorize specialty care units by level
of care as specified in the section related to facilities.
(g) Public safety agencies. -- Based on the data obtained in the section related to personnel, the Office shall monitor and
evaluate the activities of public safety agencies to determine the number of trained first responders and to promote their
participation, to the maximum level possible consistent with their capabilities, in emergency medical situations.
(h) Consumer participation. -- All agencies and organizations involved in the EMS system in Delaware should seek reasonable
consumer participation in planning, development and organizational activities.
(i) Access to care. -- The Office shall monitor and evaluate activities of all EMS organizations to ensure that no person
is denied emergency treatment or transportation services.
(j) Patient transfer. -- The EMS system shall provide for transfer of patients to facilities and programs which offer such
follow-up care and rehabilitation as is necessary to effect the maximum recovery of the patient. The transfer of emergency
patients from the emergency site to the emergency department, specialty care unit and to follow-up care and rehabilitation
centers are all within the scope of a total EMS system.
(k) Coordinated patient recordkeeping. -- The Office shall collect and analyze available data from all providers of the EMS
system. This data will be used by the Office, in conjunction with the appropriate EMS providers, to evaluate the overall effectiveness
of the system. It is necessary that the data be collected from each level of care, which includes the initial entry point
through final discharge from the health care delivery system. EMS agency certification will be contingent upon agency participation
in the Statewide EMS data collection system maintained by the Office.
(l) Public information, prevention and education. -- The Office shall provide programs of public information and education
designed to inform residents of Delaware and visitors to the State of the availability of, proper use of and access to emergency
medical services. The Office shall also support prevention activities designed to address key categories of illness and injury
as identified through data collection. The Office will serve as a clearinghouse for illness and injury prevention activity,
and will work to coordinate EMS prevention efforts statewide. These programs shall include elements related to citizen involvement
in the administration of prehospital care, such as cardiopulmonary resuscitation and first aid, and information concerning
the availability of training programs in Delaware. In addition, the Office shall monitor public information and education
programs offered by other EMS providers in Delaware. All EMS provider agencies shall provide a report on their prevention
and education activities conducted during the previous year to the Office by January 15 of each year. The Office shall publish
an annual report outlining the status of prevention and public education activities throughout the State by May 15 of each
year.
(m) Review and evaluation. -- In conjunction with the health planning agencies and the EMS providers in Delaware, the Office
shall conduct and/or coordinate an on-going comprehensive evaluation of the effectiveness of the EMS system, in terms of the
impact on the health status of the EMS patients in Delaware.
(n) Disaster planning. -- The Office shall: (1) Upon request, participate in disaster planning with all organizations that
provide emergency medical services to assist with coordination of disaster activities which impact the EMS system, and (2)
review all municipal, county and state disaster plans which utilize the emergency medical services system. All organizations
involved in planning disaster exercises which impact the EMS system should advise the Office of scheduled disaster exercises.
In addition, the Office shall, upon request, participate in disaster exercises for the purpose of evaluation and improvement
of the emergency medical services system and make recommendations as needed to the appropriate provider for the refinement
of their disaster plans. All disaster planning activities of the Office shall be coordinated with the Delaware Emergency Management
Agency as authorized by Chapter 31 of Title 20, and the Department of Health and Social Services Disaster Coordinator.
(o) Mutual aid agreements. -- The Director of the Office in conjunction with the Division Director shall be authorized to
develop and implement mutual aid agreements as may be necessary to ensure continuity of care. These agreements shall be coordinated
through and approved by the appropriate EMS providers. These agreements may relate to reciprocity of services, and treatment,
transfer and triage protocols to coordinate the provision of services, both within Delaware and across state lines as necessary.
(p) Semi-automatic external defibrillators. --
(1) The Department of Health and Social Services shall promulgate regulations specific to the use of semi-automatic external
defibrillators 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.
(2) The Office shall coordinate a statewide effort to promote and implement widespread use of semi-automatic external defibrillators
and cardio-pulmonary resuscitation to increase the number of publicly available SAEDs to 100 by January 1, 2002, and 200 by
January 1, 2004. In addition, the Office shall coordinate a statewide effort to provide, train and maintain a minimum of 5
qualified individuals for each publicly available SAED.
(3) All law enforcement vehicles on patrol shall be equipped with a semi-automatic external defibrillator by January 1, 2001,
subject to appropriations.
63 Del. Laws, c. 383, § 1; 67 Del. Laws, c. 152, § 5; 69 Del. Laws, c. 78, § 1; 70 Del. Laws, c. 186 § 1; 72 Del. Laws, c. 137, §§ 22, 24, 25; 75 Del. Laws, c. 141, § 3; 77 Del. Laws, c. 319, § 1.;
§ 9706. Office of Emergency 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 advanced health care directive that has become effective pursuant to § 2503(c) of this title, and shall seek input
and review from the Board of Medical Licensure and Discipline, the Delaware EMS Advisory 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 Office of Emergency Medical Services within the Division of Public Health, Department of Health and
Social Services. EMS providers acting in accordance with the regulations promulgated hereunder shall be immune from criminal
or civil liability pursuant to § 2510 of this title.
(1) The regulation shall define prehospital advanced care directive procedures to be used for terminally ill patients only.
(2) All sections of the regulation will insure that processes are in compliance with Chapter 25 of this title, the "Delaware
Death with Dignity Act." The regulations shall include, but not be limited to, the following:
a. The allowable content of prehospital advanced care directives, to include:
1. Option A (Advanced Life Support ) -- Maximal (Restorative) Care Before Arrest, then prehospital advanced care directive;
or
2. Option B (Basic Life Support) -- Limited (Palliative) Care Only Before Arrest, then prehospital advanced care directive;
b. Methods of identification describing the methods that can be used by persons electing to enact a prehospital advanced care
directive. The properly enacted Delaware Prehospital Advanced Care Directive Form must be present; however, voluntary use
of a Medic Alert prehospital advanced care directive bracelet or necklace may be worn and/or a designation on a person's driver's
license or state-issued identification card pursuant to § 2718(c) of Title 21 to indicate the presence of the form;
c. Methods of revocation of prehospital advanced care directive describing how a prehospital advanced care directive can be
revoked per Chapter 25 of this title; and
d. Reciprocity to allow Delaware EMS providers to recognize prehospital advanced care directives from neighboring states for
persons in Delaware.
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.;
§ 9707. Confidentiality of quality review program and participants.
(a) Confidentiality of quality review program and participants. -- As used in this section, "records" means the recordings
of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data and other documentation
generated by the Trauma System Committee or its subcommittees for the stated purposes of trauma system medical review or quality
care review and audit.
All quality management proceedings shall be confidential. Records of the Trauma System Committee, its quality care review
committee and members, attendees and visitors at meetings held for stated purposes of trauma system medical review or quality
care review and audit shall be confidential and privileged and shall be protected from direct or indirect means of discovery,
subpoena or admission into evidence in any judicial or administrative proceeding. Raw data shall not be available for public
inspection nor is it a public record within the meaning of the Delaware Freedom of Information Act.
(b) Confidentiality of Delaware Emergency Medical Services Oversight Council (DEMSOC) quality review program and participants.
-- As used in this section, "records" means the recordings of interviews and all oral or written reports, statements, minutes,
memoranda, charts, statistics, data and other documentation generated by the Delaware Emergency Medical Services Oversight
Council (DEMSOC) or its subcommittees for the stated purposes of the Emergency Medical Services System medical review or quality
care review and audit. All quality management proceedings shall be confidential. Records of DEMSOC, its quality care review
subcommittees and members, attendees and visitors at meetings held for stated purposes of the Emergency Medical Services Systems
medical review or quality care review and audit shall not be available for public inspection nor are they a public record
within the meaning of the Delaware Freedom of Information Act, and shall be protected from direct or indirect means of discovery,
subpoena or admission into evidence in any judicial or administrative proceeding. Raw data and original records relating to
medical care shall not be available for public inspection nor are they a public record within the meaning of the Delaware
Freedom of Information Act, except to the extent that such raw data and original records relating to medical care would have
been subject to disclosure or discovery pursuant to other statute or court rule.
(c) Immunity. -- No person shall be subject to, and shall be immune from, any claim, suit, liability, damages or any other
recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken or performed, or recommendation
made while discharging any duty or authority under this chapter, so long as such person acted in good faith without malice,
and within the scope of his or her duty or authority under this chapter or any other provisions of the Delaware law, federal
law or regulations or duly adopted rules and regulations providing for the administration of this chapter, good faith being
presumed until proven otherwise, with malice required to be shown by the complainant.
70 Del. Laws, c. 453, § 8; 73 Del. Laws, c. 52, § 1.;
Paramedic and Other Emergency Medical Service Systems
CHAPTER 97. EMERGENCY MEDICAL SERVICES SYSTEMS
§ 9701. Purposes.
The purposes of the emergency medical services systems legislation are to establish and/or identify specific roles and responsibilities
in regard to emergency medical services in Delaware in order to reduce morbidity and mortality rates for the citizens of Delaware
and to ensure quality of emergency care services, within available resources, through the effective coordination of the emergency
medical services system.
63 Del. Laws, c. 383, § 1; 67 Del. Laws, c. 152, § 5.;
§ 9702. Definitions.
As used in this subchapter:
(1) "Advanced life support" (ALS) shall mean the advanced level of prehospital and interhospital emergency care that includes
basic life support functions including cardiopulmonary resuscitation, plus cardiac monitoring, cardiac defibrillation, telemetered
electrocardiography, administration of antiarrhythmic agents, intravenous therapy, administration of specific medications,
drugs and solutions, use of adjunctive medical devices, trauma care and other authorized techniques and procedures.
(2) "Ambulance" shall mean any publicly or privately owned vehicle, as certified by the State Fire Prevention Commission,
that is specifically designed, constructed or modified and equipped, and is intended to be used for and is maintained or operated
for the transportation upon the streets and highways of this State for persons who are sick, injured, wounded or otherwise
incapacitated or helpless.
(3) "Ambulance attendant" shall mean a person trained in emergency medical care procedures and currently certified by the
Delaware State Fire Prevention Commission or its duly authorized agent in accordance with standards prescribed by the Commission.
Such course shall be classified as basic life support and shall be the minimum acceptable level of training for certified
emergency medical personnel.
(4) "Basic life support" (BLS) shall mean the level of capability which provides prehospital, noninvasive emergency patient
care designed to optimize the patient's chances of surviving an emergency situation.
(5) "Consumer" shall mean a recipient or potential recipient of the services provided by an emergency medical services system,
who receives no direct or indirect personal, financial or professional benefit as a result of association with health care
or emergency services other than that generally shared by the public at large, and who is not otherwise considered a "provider"
within the intent of this subchapter.
(6) "Director" shall mean the program chief of the Office of Emergency Medical Services responsible for the duties of the
Office as set forth in Chapter 97 of this title.
(7) "Disaster" shall mean a sudden unexpected event which disrupts normal community functions and/or quickly exhausts local
facilities so as to require outside help.
(8) "Early defibrillation provider" shall mean a member or employee of an early defibrillation service certified to operate
Semi-Automatic External Defibrillator (SAED) equipment under the requirements set forth in regulations promulgated by the
Department of Health and Social Services.
(9) "Early defibrillation service" shall mean any agency, organization or company, certified as such by the State Office of
Emergency Medical Services, that employs or retains providers certified in the use of semi-automatic defibrillation equipment.
(10) "Emergency medical services systems" (EMSS) shall mean a statewide system which provides for the utilization of available
personnel, equipment, transportation and communication to ensure effective and coordinated delivery of medical care in emergency
situations resulting from accidents, illness or natural disasters.
(11) "Emergency medical technician" (EMT) shall mean a person trained, and currently certified by the State Fire Prevention
Commission, in emergency medical care procedures through a course which meets the objectives of the national standard curriculum.
(12) "Emergency medical technician -- cardiac" (EMT-C), also known as cardiac rescue technician (CRT), shall mean a person
who has successfully completed a course approved by the Board of Medical Licensure and Discipline or its duly authorized representative,
which meets the objectives of the national standard curriculum.
(13) "Emergency medical technician -- paramedic" (EMT-P) shall mean a person who has successfully completed a course approved
by the Board of Medical Licensure and Discipline or its duly authorized representative, and who acts under the direct or radio
control of a physician or physician surrogate.
(14) "Health planning agencies" shall mean the federally designated health system agency and/or statewide health planning
and development agency for Delaware.
(15) "Inclusive Statewide Trauma Care System" means a Trauma System in which all current and future providers of hospital
and/or prehospital health care services may participate, at a level commensurate with the scope of their resources, as outlined
in subsection (21) of this section.
(16) "Medical control" shall mean directions and advice normally provided from a centrally designated medical facility operating
under medical supervision, supplying professional support through radio or telephonic communication for on-site and in-transit
basic and advanced life support services given by field and satellite facility personnel.
(17) "Mutual aid agreements" shall mean the establishment of appropriate arrangements with EMS systems of other states for
the provision of emergency medical services on a reciprocal basis.
(18) "Provider" shall mean a person who, as an individual or member of a corporation or organization, whether profit-making
or nonprofit, on a regular basis gives or offers for sale any supplies, equipment, professional or nonprofessional services,
or is capable of giving or offering for sale supplies, equipment or services vital or incidental to the functions of an emergency
medical services system.
(19) "Public safety personnel" shall mean law-enforcement officers, lifeguards, park rangers, firefighters, ambulance and
rescue personnel, communications and dispatch specialists and other public employees and emergency service providers charged
with maintaining the public safety.
(20) "Semi-automatic external defibrillator" shall mean a device capable of analyzing a cardiac rhythm, determining the need
for defibrillation, automatically charging and advising a provider to deliver a defibrillation electrical impulse.
(21) "Specialty care unit" shall mean sophisticated treatment facilities that provide advanced specialized definitive care
for critically ill patients. The units shall be available for the diagnosis and care of specific patient problems including
major trauma, burns, spinal cord injury, poisoning, acute cardiac, high-risk infant and behavioral emergencies.
(22) "Trauma Facility" means an acute care hospital which has received and maintains current State designation as a Trauma
Center. Categories of trauma facilities in Delaware are as follows:
a. Regional Level 1 Trauma Center: A regional resource Trauma Center that has the capability of providing leadership and comprehensive,
definitive care for every aspect of injury from prevention through rehabilitation.
b. Regional Level 2 Trauma Center: A regional Trauma Center with the capability to provide initial care for all trauma patients.
Most patients would continue to be cared for in this Center; there may be some complex cases which would require transfer
for the depth of services of a Regional Level 1 or Specialty Center.
c. Community Trauma Center: An acute care hospital that provides assessment, resuscitation, stabilization and triage of all
trauma patients, arranging for timely transfer of those patients requiring the additional resources of a Regional Trauma or
Specialty Center and delivering definitive care to those whose needs match the resources of the Community Trauma Center.
d. Participating Hospital: An acute care facility which transfers trauma patients with moderate or severe injuries to Trauma
Centers after initial resuscitation. When necessary, this facility may provide care to trauma patients with minor injuries.
Participating hospitals contribute data to the Delaware Trauma System Registry and Quality Improvement Program.
(23) "Trauma Patient" means any person with actual or potential bodily damage subsequent to an event which exposed the body
to an external force or energy.
(24) "Treatment protocols" shall mean written uniform treatment and care plans for emergency and critical patients. The treatment
plans for advanced life support must be approved and signed by appropriate physicians and/or medical groups.
63 Del. Laws, c. 383, § 1; 67 Del. Laws, c. 152, § 5; 70 Del. Laws, c. 192, §§ 1, 2; 70 Del. Laws, c. 453, §§ 1, 2; 72 Del. Laws, c. 137, §§ 20, 21; 77 Del. Laws, c. 319, § 1.;
§ 9703. Delaware Emergency Medical Services Oversight Council.
(a) There is established the Delaware Emergency Medical Services Oversight Council (DEMSOC). The Council shall consist of
the following members:
(1) A representative of the Office of the Governor appointed by the Governor:
(2) The Secretary of the Department of Safety and Homeland Security;
(3) The Secretary of the Department of Health and Social Services, or at the discretion of the Secretary, the Director of
Public Health;
(4) The Chair of the Delaware State Fire Prevention Commission or another Commissioner selected by the Chair;
(5) The President of the Delaware Volunteer Firefighter's Association;
(6) The Colonel of the New Castle County Police Department or, at the Colonel's discretion, the Director of New Castle County
Emergency Medical Services;
(7) The Kent County Administrator or, at the Administrator's discretion, the Kent County EMS Chief;
(8) The Sussex County Administrator, or at the Administrator's discretion, the Sussex County EMS Director;
(9) The President of the Delaware Chapter of the American College of Emergency Physicians;
(10) The State EMS Medical Director;
(11) The Chair of the Trauma Systems Committee;
(12) A practicing paramedic, certified and employed in the State, appointed by the Governor;
(13) The Chair of the DVFA Ambulance Advisory Committee;
(14) Three additional at-large members, 1 from each county, appointed by the Governor; and
(15) The President of the Delaware Healthcare Association or, at the President's discretion, a representative of the Delaware
Healthcare Association.
(16) The Executive Director of the Medical Society of Delaware or, at the Executive Director's discretion, a representative
of the Medical Society of Delaware;
(17) The Chair of the Delaware Police Chiefs' Council or, at the Chair's discretion, a representative of the Delaware Police
Chief's Council; and
(18) The Paramedic Commander of the Delaware State Police Aviation Unit.
(b) The members of the Council may designate a voting alternate representative.
(c) The Council shall meet at a minimum of 1 time per year.
(d) The Chairperson of the Council shall be designated from among the members by the Governor and shall serve at the pleasure
of the Governor. The Chairperson shall select a Vice Chairperson from the membership of the Council to serve in the Chairperson's
absence.
(e) The Council shall monitor Delaware's emergency medical services system to ensure that all elements of the system are functioning
in a coordinated, effective, and efficient manner in order to reduce morbidity and mortality rates for the citizens of Delaware
and to ensure quality of emergency care services.
(f) The Council shall have the following duties and responsibilities:
(1) To examine policies and procedures and evaluate the effectiveness of the EMS system, specifically the respective roles,
responsibilities, effectiveness and efficiency of the Office of Emergency Medical Services (OEMS), the State Fire Prevention
Commission, the Department of Safety and Homeland Security, the EMS provider agencies and the medical community;
(2) To study, research, plan, evaluate as well as offer guidance to, cooperate with and assist public agencies and private
institutions and organizations on methods for the coordination and effective utilization of their emergency medical service
programs;
(3) To formulate goals and recommendations, based on objective criteria and data, to be used in evaluating EMS provider agency
performance;
(4) To review and make recommendations concerning quality improvement efforts pursuant to this chapter;
(5) To make recommendations to the Office of EMS, the Department of Safety and Homeland Security, the EMS provider agencies
and the medical community for improving EMS in Delaware;
(6) To make legislative recommendations to the Governor and General Assembly;
(7) To provide an annual report on or before April 15 of each year to the Governor, General Assembly, interested parties and
the public which will outline the performance of all EMS system agencies, comparing that performance to established goals
and performance measures. The report shall also estimate the costs of Delaware's EMS medical system. Automatic external defibrillator
and cardio-pulmonary resuscitation program performance shall be included in this report. The first report will cover service
provided in calendar year 2000 and will be delivered by April 15, 2001;
(8) To make recommendations concerning EMS to the State Fire Prevention Commission. The Commission will consider and act upon
those recommendations; and
(9) To conduct a full review of EMS in the State at a minimum of every 5 years.
(g) The Council may request and shall receive from any department, division, commission or agency of the State such reasonable
assistance and data as will enable it to properly carry out its functions hereunder.
(h) OEMS shall staff the Council.
61 Del. Laws, c. 164, § 1; 67 Del. Laws, c. 47, § 50; 67 Del. Laws, c. 152, § 1; 69 Del. Laws, c. 78, § 1; 69 Del. Laws, c. 326, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 453, § 9; 72 Del. Laws, c. 137, § 2; 72 Del. Laws, c. 421, § 1; 73 Del. Laws, c. 218, §§ 1, 2, 3, 4; 73 Del. Laws, c. 368, § 10; 74 Del. Laws, c. 110, § 138; 74 Del. Laws, c. 261, § 1; 77 Del. Laws, c. 378, § 1.;
§ 9704. Office of Emergency Medical Services -- Created; purpose.
(a) The Office of Emergency Medical Services is hereby created. The Office shall be responsible for ensuring the effective
coordination and evaluation of the emergency medical services system in Delaware which includes providing assistance and advice
for activities related toward the planning, development, improvement and expansion of emergency medical services.
(b) The Office of Emergency Medical Services shall be a state agency within the Division of Public Health, Department of Health
and Social Services. The Office of Emergency Medical Services shall report directly to and be responsible to the Director
of the Division of Public Health, which is consistent with the health plan for Delaware.
(c) As used in this subchapter, the term "Office" shall refer to the State Office of Emergency Medical Services. In the performance
of the functions mandated by this legislation which relate to the planning and evaluation of the emergency medical services
system in Delaware, the Office of Emergency Medical Services shall coordinate with the Bureau of Health Planning and Resources
Development for technical assistance in emergency medical services planning activities. Specifically, the Bureau of Health
Planning and Resources Development shall have the primary responsibility for all data analysis related to the emergency medical
services system. This coordination should minimize duplication of effort between the 2 agencies and allow for the effective
use of available staff resources within the Department of Health and Social Services.
(d) Except for those activities and responsibilities for basic life support, which are under the jurisdiction of the State
Fire Prevention Commission, the Office of Emergency Medical Services shall have jurisdiction over the development, implementation
and maintenance of a Statewide Trauma System.
(e) A memorandum of agreement shall be established between the Office of Emergency Medical Services of the Division of Public
Health and the State Fire Prevention Commission to foster inclusion and coordination of Basic Life Support Services within
the Statewide Trauma System.
(f) The Director of Public Health shall establish a standing Trauma System Committee and ad hoc committees as deemed appropriate
to assist in oversight of the Inclusive Statewide Trauma Care System. The standing Trauma System Committee shall convene at
least quarterly. Membership on the standing Trauma System Committee will include, but not be limited to, a representative
of each of the following constituencies to be selected from the 3 counties within the State:
(1) Trauma rehabilitation professionals
(2) Practicing trauma surgeons
(3) Practicing emergency department physicians
(4) The Association of Delaware Hospitals
(5) Advanced Life Support prehospital providers
(6) Basic Life Support prehospital providers
(7) The State Fire School
(8) Practicing trauma subspecialty physicians
(9) Practicing pediatric surgeons or pediatricians
(10) Practicing registered nurses involved in trauma patient care
(11) Emergency medical dispatchers
(12) Hospital administration
(13) The Delaware state police aviation section
(14) A representative from the State Fire Prevention Commission.
(g) The Trauma System Committee shall be an advisory group to the Director of Public Health on the following issues:
(1) Rules governing the operation of Delaware's Inclusive Statewide Trauma Care System, which will be based upon national
references such as the American College of Surgeons' Resources for Optimal Care of the Trauma Patient: 1993.
(2) Recommendations for corrective action based on the reviews of the following:
a. Statewide trauma care system operations, including the monitoring for adherence to adopted policies, procedures, protocols
and standards, the availability of appropriate resources and the periodic review of trauma hospital participation (designation)
criteria.
b. The delivery of emergency medical and hospital services by trauma care service providers to trauma patients.
(3) Recommendation for modifications of the policies, procedures and protocols of trauma care as a result of system-wide review.
63 Del. Laws, c. 383, § 1; 67 Del. Laws, c. 152, § 5; 70 Del. Laws, c. 453, §§ 3-6.;
§ 9705. Office of Emergency Medical Licensure and Discipline -- Functions.
(a) Personnel. -- It shall be the responsibility of the Office to collect and analyze annually data pertaining to certified
emergency medical services personnel in Delaware by levels of training in order to identify possible or potential shortages.
Once EMS personnel shortages are identified, the Office shall notify the affected agencies and provide recommended courses
of action to alleviate the problem or potential problem. In order to accomplish this task, the following agencies shall be
required to provide a listing of the appropriate emergency medical services personnel by organization, level of training and
county:
(1) Delaware State Fire Prevention Commission or its duly authorized representative;
(2) Wilmington Medical Center School for Emergency Medical Technicians;
(3) Delaware Committee on Trauma of the American College of Surgeons -- advanced trauma life support;
(4) American Heart Association of Delaware -- cardiopulmonary resuscitation (CPR) training programs and advanced cardiac life
support;
(5) American Red Cross, Delaware Chapter -- CPR training and first-aid training;
(6) Delaware Chapter of the American College of Emergency Physicians;
(7) Delaware Chapter of the Emergency Department Nurses Association; and
(8) Any other organization not listed above that provides certified emergency medical training, including CPR.
(b) Training. -- All organizations providing emergency medical training programs, as listed under the personnel section, shall
provide to the Office copies of course curricula and schedules of the availability of training courses. The Office shall monitor
EMS training levels to provide information on the availability of training programs for all levels of EMS personnel. In addition,
the EMS Office shall keep abreast of all federal training standards to ensure that EMS training agencies in Delaware are aware
of regional and national standards. In accordance with § 6711(a)(3) [repealed] of this title, the State Fire Prevention Commission
shall adopt regulations setting forth the qualifications required for the certification of ambulance attendants. Since advanced
life support ambulance personnel are "physicians' assistants" as defined in subchapter VI of Chapter 17 of Title 24, they
must have been trained in programs approved by the Delaware State Board of Medical Licensure and Discipline.
(c) Communications. -- The Office shall:
(1) Through the appropriate county dispatch center directors, monitor and evaluate the effectiveness of the statewide EMS
communications system;
(2) Identify resources to improve or augment both the communications system in Delaware and the training of medical dispatchers
as needed;
(3) Monitor and evaluate the effectiveness of emergency access numbers in terms of the impact on the EMS system.
(d) Transportation. -- In conjunction with appropriate EMS providers in Delaware, the Office shall monitor and evaluate emergency
medical transportation services in Delaware to ensure that patients in the EMS system have access to effective and efficient
transportation to appropriate treatment facilities. Pursuant to § 6709 of this title, all ambulances in Delaware shall be
inspected and certified by the Delaware State Fire Prevention Commission or a duly authorized representative thereof. The
Delaware State Fire Prevention Commission or its duly authorized representative shall be required to provide to the Office
on an annual basis a listing and location of certified ambulances.
(e) Facilities. -- The Office shall monitor the availability of the various levels of care of EMS facilities and services
and shall have the authority to categorize all Delaware emergency receiving facilities and services in accordance with criteria
established by the Joint Commission on Accreditation of Hospitals (JCAH) for hospital settings and other appropriate national
professional organizations for nonhospital settings. This authority shall also include the responsibility of categorizing
and designating by level of care, when appropriate, specialty care facilities in accordance with the established criteria
of the American Medical Association or other appropriate national professional organizations. In addition, the Office shall
periodically re-evaluate the categorization or designation of emergency care facilities and specialty care services.
(f) Specialty care units. -- The Office shall identify the categorization of the 7 specialty care areas for EMS which are
available to all patients (the specialty care areas are: Trauma, burns, spinal cord, poisoning, acute cardiac, high-risk infant
and behavioral emergencies). In addition, the Office shall coordinate the activities of the EMS system to ensure that all
patients have access, within a reasonable time period depending on the nature of the illness, to specialty care services.
In accordance with this activity, the Office shall have the authority to designate or categorize specialty care units by level
of care as specified in the section related to facilities.
(g) Public safety agencies. -- Based on the data obtained in the section related to personnel, the Office shall monitor and
evaluate the activities of public safety agencies to determine the number of trained first responders and to promote their
participation, to the maximum level possible consistent with their capabilities, in emergency medical situations.
(h) Consumer participation. -- All agencies and organizations involved in the EMS system in Delaware should seek reasonable
consumer participation in planning, development and organizational activities.
(i) Access to care. -- The Office shall monitor and evaluate activities of all EMS organizations to ensure that no person
is denied emergency treatment or transportation services.
(j) Patient transfer. -- The EMS system shall provide for transfer of patients to facilities and programs which offer such
follow-up care and rehabilitation as is necessary to effect the maximum recovery of the patient. The transfer of emergency
patients from the emergency site to the emergency department, specialty care unit and to follow-up care and rehabilitation
centers are all within the scope of a total EMS system.
(k) Coordinated patient recordkeeping. -- The Office shall collect and analyze available data from all providers of the EMS
system. This data will be used by the Office, in conjunction with the appropriate EMS providers, to evaluate the overall effectiveness
of the system. It is necessary that the data be collected from each level of care, which includes the initial entry point
through final discharge from the health care delivery system. EMS agency certification will be contingent upon agency participation
in the Statewide EMS data collection system maintained by the Office.
(l) Public information, prevention and education. -- The Office shall provide programs of public information and education
designed to inform residents of Delaware and visitors to the State of the availability of, proper use of and access to emergency
medical services. The Office shall also support prevention activities designed to address key categories of illness and injury
as identified through data collection. The Office will serve as a clearinghouse for illness and injury prevention activity,
and will work to coordinate EMS prevention efforts statewide. These programs shall include elements related to citizen involvement
in the administration of prehospital care, such as cardiopulmonary resuscitation and first aid, and information concerning
the availability of training programs in Delaware. In addition, the Office shall monitor public information and education
programs offered by other EMS providers in Delaware. All EMS provider agencies shall provide a report on their prevention
and education activities conducted during the previous year to the Office by January 15 of each year. The Office shall publish
an annual report outlining the status of prevention and public education activities throughout the State by May 15 of each
year.
(m) Review and evaluation. -- In conjunction with the health planning agencies and the EMS providers in Delaware, the Office
shall conduct and/or coordinate an on-going comprehensive evaluation of the effectiveness of the EMS system, in terms of the
impact on the health status of the EMS patients in Delaware.
(n) Disaster planning. -- The Office shall: (1) Upon request, participate in disaster planning with all organizations that
provide emergency medical services to assist with coordination of disaster activities which impact the EMS system, and (2)
review all municipal, county and state disaster plans which utilize the emergency medical services system. All organizations
involved in planning disaster exercises which impact the EMS system should advise the Office of scheduled disaster exercises.
In addition, the Office shall, upon request, participate in disaster exercises for the purpose of evaluation and improvement
of the emergency medical services system and make recommendations as needed to the appropriate provider for the refinement
of their disaster plans. All disaster planning activities of the Office shall be coordinated with the Delaware Emergency Management
Agency as authorized by Chapter 31 of Title 20, and the Department of Health and Social Services Disaster Coordinator.
(o) Mutual aid agreements. -- The Director of the Office in conjunction with the Division Director shall be authorized to
develop and implement mutual aid agreements as may be necessary to ensure continuity of care. These agreements shall be coordinated
through and approved by the appropriate EMS providers. These agreements may relate to reciprocity of services, and treatment,
transfer and triage protocols to coordinate the provision of services, both within Delaware and across state lines as necessary.
(p) Semi-automatic external defibrillators. --
(1) The Department of Health and Social Services shall promulgate regulations specific to the use of semi-automatic external
defibrillators 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.
(2) The Office shall coordinate a statewide effort to promote and implement widespread use of semi-automatic external defibrillators
and cardio-pulmonary resuscitation to increase the number of publicly available SAEDs to 100 by January 1, 2002, and 200 by
January 1, 2004. In addition, the Office shall coordinate a statewide effort to provide, train and maintain a minimum of 5
qualified individuals for each publicly available SAED.
(3) All law enforcement vehicles on patrol shall be equipped with a semi-automatic external defibrillator by January 1, 2001,
subject to appropriations.
63 Del. Laws, c. 383, § 1; 67 Del. Laws, c. 152, § 5; 69 Del. Laws, c. 78, § 1; 70 Del. Laws, c. 186 § 1; 72 Del. Laws, c. 137, §§ 22, 24, 25; 75 Del. Laws, c. 141, § 3; 77 Del. Laws, c. 319, § 1.;
§ 9706. Office of Emergency 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 advanced health care directive that has become effective pursuant to § 2503(c) of this title, and shall seek input
and review from the Board of Medical Licensure and Discipline, the Delaware EMS Advisory 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 Office of Emergency Medical Services within the Division of Public Health, Department of Health and
Social Services. EMS providers acting in accordance with the regulations promulgated hereunder shall be immune from criminal
or civil liability pursuant to § 2510 of this title.
(1) The regulation shall define prehospital advanced care directive procedures to be used for terminally ill patients only.
(2) All sections of the regulation will insure that processes are in compliance with Chapter 25 of this title, the "Delaware
Death with Dignity Act." The regulations shall include, but not be limited to, the following:
a. The allowable content of prehospital advanced care directives, to include:
1. Option A (Advanced Life Support ) -- Maximal (Restorative) Care Before Arrest, then prehospital advanced care directive;
or
2. Option B (Basic Life Support) -- Limited (Palliative) Care Only Before Arrest, then prehospital advanced care directive;
b. Methods of identification describing the methods that can be used by persons electing to enact a prehospital advanced care
directive. The properly enacted Delaware Prehospital Advanced Care Directive Form must be present; however, voluntary use
of a Medic Alert prehospital advanced care directive bracelet or necklace may be worn and/or a designation on a person's driver's
license or state-issued identification card pursuant to § 2718(c) of Title 21 to indicate the presence of the form;
c. Methods of revocation of prehospital advanced care directive describing how a prehospital advanced care directive can be
revoked per Chapter 25 of this title; and
d. Reciprocity to allow Delaware EMS providers to recognize prehospital advanced care directives from neighboring states for
persons in Delaware.
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.;
§ 9707. Confidentiality of quality review program and participants.
(a) Confidentiality of quality review program and participants. -- As used in this section, "records" means the recordings
of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data and other documentation
generated by the Trauma System Committee or its subcommittees for the stated purposes of trauma system medical review or quality
care review and audit.
All quality management proceedings shall be confidential. Records of the Trauma System Committee, its quality care review
committee and members, attendees and visitors at meetings held for stated purposes of trauma system medical review or quality
care review and audit shall be confidential and privileged and shall be protected from direct or indirect means of discovery,
subpoena or admission into evidence in any judicial or administrative proceeding. Raw data shall not be available for public
inspection nor is it a public record within the meaning of the Delaware Freedom of Information Act.
(b) Confidentiality of Delaware Emergency Medical Services Oversight Council (DEMSOC) quality review program and participants.
-- As used in this section, "records" means the recordings of interviews and all oral or written reports, statements, minutes,
memoranda, charts, statistics, data and other documentation generated by the Delaware Emergency Medical Services Oversight
Council (DEMSOC) or its subcommittees for the stated purposes of the Emergency Medical Services System medical review or quality
care review and audit. All quality management proceedings shall be confidential. Records of DEMSOC, its quality care review
subcommittees and members, attendees and visitors at meetings held for stated purposes of the Emergency Medical Services Systems
medical review or quality care review and audit shall not be available for public inspection nor are they a public record
within the meaning of the Delaware Freedom of Information Act, and shall be protected from direct or indirect means of discovery,
subpoena or admission into evidence in any judicial or administrative proceeding. Raw data and original records relating to
medical care shall not be available for public inspection nor are they a public record within the meaning of the Delaware
Freedom of Information Act, except to the extent that such raw data and original records relating to medical care would have
been subject to disclosure or discovery pursuant to other statute or court rule.
(c) Immunity. -- No person shall be subject to, and shall be immune from, any claim, suit, liability, damages or any other
recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken or performed, or recommendation
made while discharging any duty or authority under this chapter, so long as such person acted in good faith without malice,
and within the scope of his or her duty or authority under this chapter or any other provisions of the Delaware law, federal
law or regulations or duly adopted rules and regulations providing for the administration of this chapter, good faith being
presumed until proven otherwise, with malice required to be shown by the complainant.
70 Del. Laws, c. 453, § 8; 73 Del. Laws, c. 52, § 1.;
Paramedic and Other Emergency Medical Service Systems
CHAPTER 97. EMERGENCY MEDICAL SERVICES SYSTEMS
§ 9701. Purposes.
The purposes of the emergency medical services systems legislation are to establish and/or identify specific roles and responsibilities
in regard to emergency medical services in Delaware in order to reduce morbidity and mortality rates for the citizens of Delaware
and to ensure quality of emergency care services, within available resources, through the effective coordination of the emergency
medical services system.
63 Del. Laws, c. 383, § 1; 67 Del. Laws, c. 152, § 5.;
§ 9702. Definitions.
As used in this subchapter:
(1) "Advanced life support" (ALS) shall mean the advanced level of prehospital and interhospital emergency care that includes
basic life support functions including cardiopulmonary resuscitation, plus cardiac monitoring, cardiac defibrillation, telemetered
electrocardiography, administration of antiarrhythmic agents, intravenous therapy, administration of specific medications,
drugs and solutions, use of adjunctive medical devices, trauma care and other authorized techniques and procedures.
(2) "Ambulance" shall mean any publicly or privately owned vehicle, as certified by the State Fire Prevention Commission,
that is specifically designed, constructed or modified and equipped, and is intended to be used for and is maintained or operated
for the transportation upon the streets and highways of this State for persons who are sick, injured, wounded or otherwise
incapacitated or helpless.
(3) "Ambulance attendant" shall mean a person trained in emergency medical care procedures and currently certified by the
Delaware State Fire Prevention Commission or its duly authorized agent in accordance with standards prescribed by the Commission.
Such course shall be classified as basic life support and shall be the minimum acceptable level of training for certified
emergency medical personnel.
(4) "Basic life support" (BLS) shall mean the level of capability which provides prehospital, noninvasive emergency patient
care designed to optimize the patient's chances of surviving an emergency situation.
(5) "Consumer" shall mean a recipient or potential recipient of the services provided by an emergency medical services system,
who receives no direct or indirect personal, financial or professional benefit as a result of association with health care
or emergency services other than that generally shared by the public at large, and who is not otherwise considered a "provider"
within the intent of this subchapter.
(6) "Director" shall mean the program chief of the Office of Emergency Medical Services responsible for the duties of the
Office as set forth in Chapter 97 of this title.
(7) "Disaster" shall mean a sudden unexpected event which disrupts normal community functions and/or quickly exhausts local
facilities so as to require outside help.
(8) "Early defibrillation provider" shall mean a member or employee of an early defibrillation service certified to operate
Semi-Automatic External Defibrillator (SAED) equipment under the requirements set forth in regulations promulgated by the
Department of Health and Social Services.
(9) "Early defibrillation service" shall mean any agency, organization or company, certified as such by the State Office of
Emergency Medical Services, that employs or retains providers certified in the use of semi-automatic defibrillation equipment.
(10) "Emergency medical services systems" (EMSS) shall mean a statewide system which provides for the utilization of available
personnel, equipment, transportation and communication to ensure effective and coordinated delivery of medical care in emergency
situations resulting from accidents, illness or natural disasters.
(11) "Emergency medical technician" (EMT) shall mean a person trained, and currently certified by the State Fire Prevention
Commission, in emergency medical care procedures through a course which meets the objectives of the national standard curriculum.
(12) "Emergency medical technician -- cardiac" (EMT-C), also known as cardiac rescue technician (CRT), shall mean a person
who has successfully completed a course approved by the Board of Medical Licensure and Discipline or its duly authorized representative,
which meets the objectives of the national standard curriculum.
(13) "Emergency medical technician -- paramedic" (EMT-P) shall mean a person who has successfully completed a course approved
by the Board of Medical Licensure and Discipline or its duly authorized representative, and who acts under the direct or radio
control of a physician or physician surrogate.
(14) "Health planning agencies" shall mean the federally designated health system agency and/or statewide health planning
and development agency for Delaware.
(15) "Inclusive Statewide Trauma Care System" means a Trauma System in which all current and future providers of hospital
and/or prehospital health care services may participate, at a level commensurate with the scope of their resources, as outlined
in subsection (21) of this section.
(16) "Medical control" shall mean directions and advice normally provided from a centrally designated medical facility operating
under medical supervision, supplying professional support through radio or telephonic communication for on-site and in-transit
basic and advanced life support services given by field and satellite facility personnel.
(17) "Mutual aid agreements" shall mean the establishment of appropriate arrangements with EMS systems of other states for
the provision of emergency medical services on a reciprocal basis.
(18) "Provider" shall mean a person who, as an individual or member of a corporation or organization, whether profit-making
or nonprofit, on a regular basis gives or offers for sale any supplies, equipment, professional or nonprofessional services,
or is capable of giving or offering for sale supplies, equipment or services vital or incidental to the functions of an emergency
medical services system.
(19) "Public safety personnel" shall mean law-enforcement officers, lifeguards, park rangers, firefighters, ambulance and
rescue personnel, communications and dispatch specialists and other public employees and emergency service providers charged
with maintaining the public safety.
(20) "Semi-automatic external defibrillator" shall mean a device capable of analyzing a cardiac rhythm, determining the need
for defibrillation, automatically charging and advising a provider to deliver a defibrillation electrical impulse.
(21) "Specialty care unit" shall mean sophisticated treatment facilities that provide advanced specialized definitive care
for critically ill patients. The units shall be available for the diagnosis and care of specific patient problems including
major trauma, burns, spinal cord injury, poisoning, acute cardiac, high-risk infant and behavioral emergencies.
(22) "Trauma Facility" means an acute care hospital which has received and maintains current State designation as a Trauma
Center. Categories of trauma facilities in Delaware are as follows:
a. Regional Level 1 Trauma Center: A regional resource Trauma Center that has the capability of providing leadership and comprehensive,
definitive care for every aspect of injury from prevention through rehabilitation.
b. Regional Level 2 Trauma Center: A regional Trauma Center with the capability to provide initial care for all trauma patients.
Most patients would continue to be cared for in this Center; there may be some complex cases which would require transfer
for the depth of services of a Regional Level 1 or Specialty Center.
c. Community Trauma Center: An acute care hospital that provides assessment, resuscitation, stabilization and triage of all
trauma patients, arranging for timely transfer of those patients requiring the additional resources of a Regional Trauma or
Specialty Center and delivering definitive care to those whose needs match the resources of the Community Trauma Center.
d. Participating Hospital: An acute care facility which transfers trauma patients with moderate or severe injuries to Trauma
Centers after initial resuscitation. When necessary, this facility may provide care to trauma patients with minor injuries.
Participating hospitals contribute data to the Delaware Trauma System Registry and Quality Improvement Program.
(23) "Trauma Patient" means any person with actual or potential bodily damage subsequent to an event which exposed the body
to an external force or energy.
(24) "Treatment protocols" shall mean written uniform treatment and care plans for emergency and critical patients. The treatment
plans for advanced life support must be approved and signed by appropriate physicians and/or medical groups.
63 Del. Laws, c. 383, § 1; 67 Del. Laws, c. 152, § 5; 70 Del. Laws, c. 192, §§ 1, 2; 70 Del. Laws, c. 453, §§ 1, 2; 72 Del. Laws, c. 137, §§ 20, 21; 77 Del. Laws, c. 319, § 1.;
§ 9703. Delaware Emergency Medical Services Oversight Council.
(a) There is established the Delaware Emergency Medical Services Oversight Council (DEMSOC). The Council shall consist of
the following members:
(1) A representative of the Office of the Governor appointed by the Governor:
(2) The Secretary of the Department of Safety and Homeland Security;
(3) The Secretary of the Department of Health and Social Services, or at the discretion of the Secretary, the Director of
Public Health;
(4) The Chair of the Delaware State Fire Prevention Commission or another Commissioner selected by the Chair;
(5) The President of the Delaware Volunteer Firefighter's Association;
(6) The Colonel of the New Castle County Police Department or, at the Colonel's discretion, the Director of New Castle County
Emergency Medical Services;
(7) The Kent County Administrator or, at the Administrator's discretion, the Kent County EMS Chief;
(8) The Sussex County Administrator, or at the Administrator's discretion, the Sussex County EMS Director;
(9) The President of the Delaware Chapter of the American College of Emergency Physicians;
(10) The State EMS Medical Director;
(11) The Chair of the Trauma Systems Committee;
(12) A practicing paramedic, certified and employed in the State, appointed by the Governor;
(13) The Chair of the DVFA Ambulance Advisory Committee;
(14) Three additional at-large members, 1 from each county, appointed by the Governor; and
(15) The President of the Delaware Healthcare Association or, at the President's discretion, a representative of the Delaware
Healthcare Association.
(16) The Executive Director of the Medical Society of Delaware or, at the Executive Director's discretion, a representative
of the Medical Society of Delaware;
(17) The Chair of the Delaware Police Chiefs' Council or, at the Chair's discretion, a representative of the Delaware Police
Chief's Council; and
(18) The Paramedic Commander of the Delaware State Police Aviation Unit.
(b) The members of the Council may designate a voting alternate representative.
(c) The Council shall meet at a minimum of 1 time per year.
(d) The Chairperson of the Council shall be designated from among the members by the Governor and shall serve at the pleasure
of the Governor. The Chairperson shall select a Vice Chairperson from the membership of the Council to serve in the Chairperson's
absence.
(e) The Council shall monitor Delaware's emergency medical services system to ensure that all elements of the system are functioning
in a coordinated, effective, and efficient manner in order to reduce morbidity and mortality rates for the citizens of Delaware
and to ensure quality of emergency care services.
(f) The Council shall have the following duties and responsibilities:
(1) To examine policies and procedures and evaluate the effectiveness of the EMS system, specifically the respective roles,
responsibilities, effectiveness and efficiency of the Office of Emergency Medical Services (OEMS), the State Fire Prevention
Commission, the Department of Safety and Homeland Security, the EMS provider agencies and the medical community;
(2) To study, research, plan, evaluate as well as offer guidance to, cooperate with and assist public agencies and private
institutions and organizations on methods for the coordination and effective utilization of their emergency medical service
programs;
(3) To formulate goals and recommendations, based on objective criteria and data, to be used in evaluating EMS provider agency
performance;
(4) To review and make recommendations concerning quality improvement efforts pursuant to this chapter;
(5) To make recommendations to the Office of EMS, the Department of Safety and Homeland Security, the EMS provider agencies
and the medical community for improving EMS in Delaware;
(6) To make legislative recommendations to the Governor and General Assembly;
(7) To provide an annual report on or before April 15 of each year to the Governor, General Assembly, interested parties and
the public which will outline the performance of all EMS system agencies, comparing that performance to established goals
and performance measures. The report shall also estimate the costs of Delaware's EMS medical system. Automatic external defibrillator
and cardio-pulmonary resuscitation program performance shall be included in this report. The first report will cover service
provided in calendar year 2000 and will be delivered by April 15, 2001;
(8) To make recommendations concerning EMS to the State Fire Prevention Commission. The Commission will consider and act upon
those recommendations; and
(9) To conduct a full review of EMS in the State at a minimum of every 5 years.
(g) The Council may request and shall receive from any department, division, commission or agency of the State such reasonable
assistance and data as will enable it to properly carry out its functions hereunder.
(h) OEMS shall staff the Council.
61 Del. Laws, c. 164, § 1; 67 Del. Laws, c. 47, § 50; 67 Del. Laws, c. 152, § 1; 69 Del. Laws, c. 78, § 1; 69 Del. Laws, c. 326, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 453, § 9; 72 Del. Laws, c. 137, § 2; 72 Del. Laws, c. 421, § 1; 73 Del. Laws, c. 218, §§ 1, 2, 3, 4; 73 Del. Laws, c. 368, § 10; 74 Del. Laws, c. 110, § 138; 74 Del. Laws, c. 261, § 1; 77 Del. Laws, c. 378, § 1.;
§ 9704. Office of Emergency Medical Services -- Created; purpose.
(a) The Office of Emergency Medical Services is hereby created. The Office shall be responsible for ensuring the effective
coordination and evaluation of the emergency medical services system in Delaware which includes providing assistance and advice
for activities related toward the planning, development, improvement and expansion of emergency medical services.
(b) The Office of Emergency Medical Services shall be a state agency within the Division of Public Health, Department of Health
and Social Services. The Office of Emergency Medical Services shall report directly to and be responsible to the Director
of the Division of Public Health, which is consistent with the health plan for Delaware.
(c) As used in this subchapter, the term "Office" shall refer to the State Office of Emergency Medical Services. In the performance
of the functions mandated by this legislation which relate to the planning and evaluation of the emergency medical services
system in Delaware, the Office of Emergency Medical Services shall coordinate with the Bureau of Health Planning and Resources
Development for technical assistance in emergency medical services planning activities. Specifically, the Bureau of Health
Planning and Resources Development shall have the primary responsibility for all data analysis related to the emergency medical
services system. This coordination should minimize duplication of effort between the 2 agencies and allow for the effective
use of available staff resources within the Department of Health and Social Services.
(d) Except for those activities and responsibilities for basic life support, which are under the jurisdiction of the State
Fire Prevention Commission, the Office of Emergency Medical Services shall have jurisdiction over the development, implementation
and maintenance of a Statewide Trauma System.
(e) A memorandum of agreement shall be established between the Office of Emergency Medical Services of the Division of Public
Health and the State Fire Prevention Commission to foster inclusion and coordination of Basic Life Support Services within
the Statewide Trauma System.
(f) The Director of Public Health shall establish a standing Trauma System Committee and ad hoc committees as deemed appropriate
to assist in oversight of the Inclusive Statewide Trauma Care System. The standing Trauma System Committee shall convene at
least quarterly. Membership on the standing Trauma System Committee will include, but not be limited to, a representative
of each of the following constituencies to be selected from the 3 counties within the State:
(1) Trauma rehabilitation professionals
(2) Practicing trauma surgeons
(3) Practicing emergency department physicians
(4) The Association of Delaware Hospitals
(5) Advanced Life Support prehospital providers
(6) Basic Life Support prehospital providers
(7) The State Fire School
(8) Practicing trauma subspecialty physicians
(9) Practicing pediatric surgeons or pediatricians
(10) Practicing registered nurses involved in trauma patient care
(11) Emergency medical dispatchers
(12) Hospital administration
(13) The Delaware state police aviation section
(14) A representative from the State Fire Prevention Commission.
(g) The Trauma System Committee shall be an advisory group to the Director of Public Health on the following issues:
(1) Rules governing the operation of Delaware's Inclusive Statewide Trauma Care System, which will be based upon national
references such as the American College of Surgeons' Resources for Optimal Care of the Trauma Patient: 1993.
(2) Recommendations for corrective action based on the reviews of the following:
a. Statewide trauma care system operations, including the monitoring for adherence to adopted policies, procedures, protocols
and standards, the availability of appropriate resources and the periodic review of trauma hospital participation (designation)
criteria.
b. The delivery of emergency medical and hospital services by trauma care service providers to trauma patients.
(3) Recommendation for modifications of the policies, procedures and protocols of trauma care as a result of system-wide review.
63 Del. Laws, c. 383, § 1; 67 Del. Laws, c. 152, § 5; 70 Del. Laws, c. 453, §§ 3-6.;
§ 9705. Office of Emergency Medical Licensure and Discipline -- Functions.
(a) Personnel. -- It shall be the responsibility of the Office to collect and analyze annually data pertaining to certified
emergency medical services personnel in Delaware by levels of training in order to identify possible or potential shortages.
Once EMS personnel shortages are identified, the Office shall notify the affected agencies and provide recommended courses
of action to alleviate the problem or potential problem. In order to accomplish this task, the following agencies shall be
required to provide a listing of the appropriate emergency medical services personnel by organization, level of training and
county:
(1) Delaware State Fire Prevention Commission or its duly authorized representative;
(2) Wilmington Medical Center School for Emergency Medical Technicians;
(3) Delaware Committee on Trauma of the American College of Surgeons -- advanced trauma life support;
(4) American Heart Association of Delaware -- cardiopulmonary resuscitation (CPR) training programs and advanced cardiac life
support;
(5) American Red Cross, Delaware Chapter -- CPR training and first-aid training;
(6) Delaware Chapter of the American College of Emergency Physicians;
(7) Delaware Chapter of the Emergency Department Nurses Association; and
(8) Any other organization not listed above that provides certified emergency medical training, including CPR.
(b) Training. -- All organizations providing emergency medical training programs, as listed under the personnel section, shall
provide to the Office copies of course curricula and schedules of the availability of training courses. The Office shall monitor
EMS training levels to provide information on the availability of training programs for all levels of EMS personnel. In addition,
the EMS Office shall keep abreast of all federal training standards to ensure that EMS training agencies in Delaware are aware
of regional and national standards. In accordance with § 6711(a)(3) [repealed] of this title, the State Fire Prevention Commission
shall adopt regulations setting forth the qualifications required for the certification of ambulance attendants. Since advanced
life support ambulance personnel are "physicians' assistants" as defined in subchapter VI of Chapter 17 of Title 24, they
must have been trained in programs approved by the Delaware State Board of Medical Licensure and Discipline.
(c) Communications. -- The Office shall:
(1) Through the appropriate county dispatch center directors, monitor and evaluate the effectiveness of the statewide EMS
communications system;
(2) Identify resources to improve or augment both the communications system in Delaware and the training of medical dispatchers
as needed;
(3) Monitor and evaluate the effectiveness of emergency access numbers in terms of the impact on the EMS system.
(d) Transportation. -- In conjunction with appropriate EMS providers in Delaware, the Office shall monitor and evaluate emergency
medical transportation services in Delaware to ensure that patients in the EMS system have access to effective and efficient
transportation to appropriate treatment facilities. Pursuant to § 6709 of this title, all ambulances in Delaware shall be
inspected and certified by the Delaware State Fire Prevention Commission or a duly authorized representative thereof. The
Delaware State Fire Prevention Commission or its duly authorized representative shall be required to provide to the Office
on an annual basis a listing and location of certified ambulances.
(e) Facilities. -- The Office shall monitor the availability of the various levels of care of EMS facilities and services
and shall have the authority to categorize all Delaware emergency receiving facilities and services in accordance with criteria
established by the Joint Commission on Accreditation of Hospitals (JCAH) for hospital settings and other appropriate national
professional organizations for nonhospital settings. This authority shall also include the responsibility of categorizing
and designating by level of care, when appropriate, specialty care facilities in accordance with the established criteria
of the American Medical Association or other appropriate national professional organizations. In addition, the Office shall
periodically re-evaluate the categorization or designation of emergency care facilities and specialty care services.
(f) Specialty care units. -- The Office shall identify the categorization of the 7 specialty care areas for EMS which are
available to all patients (the specialty care areas are: Trauma, burns, spinal cord, poisoning, acute cardiac, high-risk infant
and behavioral emergencies). In addition, the Office shall coordinate the activities of the EMS system to ensure that all
patients have access, within a reasonable time period depending on the nature of the illness, to specialty care services.
In accordance with this activity, the Office shall have the authority to designate or categorize specialty care units by level
of care as specified in the section related to facilities.
(g) Public safety agencies. -- Based on the data obtained in the section related to personnel, the Office shall monitor and
evaluate the activities of public safety agencies to determine the number of trained first responders and to promote their
participation, to the maximum level possible consistent with their capabilities, in emergency medical situations.
(h) Consumer participation. -- All agencies and organizations involved in the EMS system in Delaware should seek reasonable
consumer participation in planning, development and organizational activities.
(i) Access to care. -- The Office shall monitor and evaluate activities of all EMS organizations to ensure that no person
is denied emergency treatment or transportation services.
(j) Patient transfer. -- The EMS system shall provide for transfer of patients to facilities and programs which offer such
follow-up care and rehabilitation as is necessary to effect the maximum recovery of the patient. The transfer of emergency
patients from the emergency site to the emergency department, specialty care unit and to follow-up care and rehabilitation
centers are all within the scope of a total EMS system.
(k) Coordinated patient recordkeeping. -- The Office shall collect and analyze available data from all providers of the EMS
system. This data will be used by the Office, in conjunction with the appropriate EMS providers, to evaluate the overall effectiveness
of the system. It is necessary that the data be collected from each level of care, which includes the initial entry point
through final discharge from the health care delivery system. EMS agency certification will be contingent upon agency participation
in the Statewide EMS data collection system maintained by the Office.
(l) Public information, prevention and education. -- The Office shall provide programs of public information and education
designed to inform residents of Delaware and visitors to the State of the availability of, proper use of and access to emergency
medical services. The Office shall also support prevention activities designed to address key categories of illness and injury
as identified through data collection. The Office will serve as a clearinghouse for illness and injury prevention activity,
and will work to coordinate EMS prevention efforts statewide. These programs shall include elements related to citizen involvement
in the administration of prehospital care, such as cardiopulmonary resuscitation and first aid, and information concerning
the availability of training programs in Delaware. In addition, the Office shall monitor public information and education
programs offered by other EMS providers in Delaware. All EMS provider agencies shall provide a report on their prevention
and education activities conducted during the previous year to the Office by January 15 of each year. The Office shall publish
an annual report outlining the status of prevention and public education activities throughout the State by May 15 of each
year.
(m) Review and evaluation. -- In conjunction with the health planning agencies and the EMS providers in Delaware, the Office
shall conduct and/or coordinate an on-going comprehensive evaluation of the effectiveness of the EMS system, in terms of the
impact on the health status of the EMS patients in Delaware.
(n) Disaster planning. -- The Office shall: (1) Upon request, participate in disaster planning with all organizations that
provide emergency medical services to assist with coordination of disaster activities which impact the EMS system, and (2)
review all municipal, county and state disaster plans which utilize the emergency medical services system. All organizations
involved in planning disaster exercises which impact the EMS system should advise the Office of scheduled disaster exercises.
In addition, the Office shall, upon request, participate in disaster exercises for the purpose of evaluation and improvement
of the emergency medical services system and make recommendations as needed to the appropriate provider for the refinement
of their disaster plans. All disaster planning activities of the Office shall be coordinated with the Delaware Emergency Management
Agency as authorized by Chapter 31 of Title 20, and the Department of Health and Social Services Disaster Coordinator.
(o) Mutual aid agreements. -- The Director of the Office in conjunction with the Division Director shall be authorized to
develop and implement mutual aid agreements as may be necessary to ensure continuity of care. These agreements shall be coordinated
through and approved by the appropriate EMS providers. These agreements may relate to reciprocity of services, and treatment,
transfer and triage protocols to coordinate the provision of services, both within Delaware and across state lines as necessary.
(p) Semi-automatic external defibrillators. --
(1) The Department of Health and Social Services shall promulgate regulations specific to the use of semi-automatic external
defibrillators 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.
(2) The Office shall coordinate a statewide effort to promote and implement widespread use of semi-automatic external defibrillators
and cardio-pulmonary resuscitation to increase the number of publicly available SAEDs to 100 by January 1, 2002, and 200 by
January 1, 2004. In addition, the Office shall coordinate a statewide effort to provide, train and maintain a minimum of 5
qualified individuals for each publicly available SAED.
(3) All law enforcement vehicles on patrol shall be equipped with a semi-automatic external defibrillator by January 1, 2001,
subject to appropriations.
63 Del. Laws, c. 383, § 1; 67 Del. Laws, c. 152, § 5; 69 Del. Laws, c. 78, § 1; 70 Del. Laws, c. 186 § 1; 72 Del. Laws, c. 137, §§ 22, 24, 25; 75 Del. Laws, c. 141, § 3; 77 Del. Laws, c. 319, § 1.;
§ 9706. Office of Emergency 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 advanced health care directive that has become effective pursuant to § 2503(c) of this title, and shall seek input
and review from the Board of Medical Licensure and Discipline, the Delaware EMS Advisory 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 Office of Emergency Medical Services within the Division of Public Health, Department of Health and
Social Services. EMS providers acting in accordance with the regulations promulgated hereunder shall be immune from criminal
or civil liability pursuant to § 2510 of this title.
(1) The regulation shall define prehospital advanced care directive procedures to be used for terminally ill patients only.
(2) All sections of the regulation will insure that processes are in compliance with Chapter 25 of this title, the "Delaware
Death with Dignity Act." The regulations shall include, but not be limited to, the following:
a. The allowable content of prehospital advanced care directives, to include:
1. Option A (Advanced Life Support ) -- Maximal (Restorative) Care Before Arrest, then prehospital advanced care directive;
or
2. Option B (Basic Life Support) -- Limited (Palliative) Care Only Before Arrest, then prehospital advanced care directive;
b. Methods of identification describing the methods that can be used by persons electing to enact a prehospital advanced care
directive. The properly enacted Delaware Prehospital Advanced Care Directive Form must be present; however, voluntary use
of a Medic Alert prehospital advanced care directive bracelet or necklace may be worn and/or a designation on a person's driver's
license or state-issued identification card pursuant to § 2718(c) of Title 21 to indicate the presence of the form;
c. Methods of revocation of prehospital advanced care directive describing how a prehospital advanced care directive can be
revoked per Chapter 25 of this title; and
d. Reciprocity to allow Delaware EMS providers to recognize prehospital advanced care directives from neighboring states for
persons in Delaware.
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.;
§ 9707. Confidentiality of quality review program and participants.
(a) Confidentiality of quality review program and participants. -- As used in this section, "records" means the recordings
of interviews and all oral or written reports, statements, minutes, memoranda, charts, statistics, data and other documentation
generated by the Trauma System Committee or its subcommittees for the stated purposes of trauma system medical review or quality
care review and audit.
All quality management proceedings shall be confidential. Records of the Trauma System Committee, its quality care review
committee and members, attendees and visitors at meetings held for stated purposes of trauma system medical review or quality
care review and audit shall be confidential and privileged and shall be protected from direct or indirect means of discovery,
subpoena or admission into evidence in any judicial or administrative proceeding. Raw data shall not be available for public
inspection nor is it a public record within the meaning of the Delaware Freedom of Information Act.
(b) Confidentiality of Delaware Emergency Medical Services Oversight Council (DEMSOC) quality review program and participants.
-- As used in this section, "records" means the recordings of interviews and all oral or written reports, statements, minutes,
memoranda, charts, statistics, data and other documentation generated by the Delaware Emergency Medical Services Oversight
Council (DEMSOC) or its subcommittees for the stated purposes of the Emergency Medical Services System medical review or quality
care review and audit. All quality management proceedings shall be confidential. Records of DEMSOC, its quality care review
subcommittees and members, attendees and visitors at meetings held for stated purposes of the Emergency Medical Services Systems
medical review or quality care review and audit shall not be available for public inspection nor are they a public record
within the meaning of the Delaware Freedom of Information Act, and shall be protected from direct or indirect means of discovery,
subpoena or admission into evidence in any judicial or administrative proceeding. Raw data and original records relating to
medical care shall not be available for public inspection nor are they a public record within the meaning of the Delaware
Freedom of Information Act, except to the extent that such raw data and original records relating to medical care would have
been subject to disclosure or discovery pursuant to other statute or court rule.
(c) Immunity. -- No person shall be subject to, and shall be immune from, any claim, suit, liability, damages or any other
recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken or performed, or recommendation
made while discharging any duty or authority under this chapter, so long as such person acted in good faith without malice,
and within the scope of his or her duty or authority under this chapter or any other provisions of the Delaware law, federal
law or regulations or duly adopted rules and regulations providing for the administration of this chapter, good faith being
presumed until proven otherwise, with malice required to be shown by the complainant.
70 Del. Laws, c. 453, § 8; 73 Del. Laws, c. 52, § 1.;
