CHAPTER 368

FORMERLY

HOUSE BILL NO. 421

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO EMERGENCY MEDICAL AND PARAMEDIC SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend §9802(13), Title 16 of the Delaware Code by striking said section as it appears therein and substituting in lieu thereof the following section:

(13) "Medical Control Physician" shall mean any physician certified by the American Board of Emergency Medicine or the American Board of Osteopathic Emergency Medicine or their successors, or a physician certified in Advanced Trauma Life Support (ATLS), Advanced Cardiac Life Support (ACLS), and Pediatric Advanced Life Support (PALS), or other courses approved by the Office of Emergency Medical Services, who is credentialed by the hospital within which a medical command facility is located, and who is authorized by the medical command facility to give medical control commands via radio or other telecommunication devices to an EMS provider. When a medical control physician establishes contact with an EMS provider, the EMS provider shall, solely for the purpose of compliance with the Medical Practices Act, be considered to be operating under the license of said medical control physician;"

Section 2. Amend §9805, Title 16 of the Delaware Code by adding subsection (11) to read: "Have the authority to suspend a paramedic from patient treatment or to permit limited practice for the duration of an investigation of the paramedic by the Division of Professional Regulation."

Section 3. Amend §9806(a), Title 16 of the Delaware Code by striking the words "shall reside in the county in which the county director serves as director" as they appear therein and substituting in lieu thereof the words "shall practice emergency medicine in the county in which the county director serves as director, unless otherwise approved by the Office of Emergency Medical Services".

Section 4. Amend §9809(e), Title 16 of the Delaware Code by striking the number "60" as it appears therein and substituting in lieu thereof the number "90".

Section 5. Amend §9811, Title 16 of the Delaware Code by striking the punctuation and words "; non disciplinary hearings" as they appear in the section title.

Section 6. Amend §9811(a), Title 16 of the Delaware Code by striking the phrase "cause an investigation to be conducted to determine whether or not there are grounds to recommend suspension" as it appears therein and substituting in lieu thereof the phrase "request an investigation be conducted by the Executive Director of the Board of Medical Practice to determine whether or not there are grounds to recommend suspension".

Section 7. Amend §9811(b) Title 16 of the Delaware Code by striking the words "in a non-disciplinary hearing" as they appear therein.

Section 8. Amend §9811, Title 16 of the Delaware Code adding a subsection (c) to read: "Nothing in this subsection shall prohibit a member of the public from filing a complaint directly with the Board of Medical Practice. Upon receipt of a complaint by the Division of Professional Regulations, the Paramedic Administrator shall be notified in the interest of public safety."

Section 9. Amend §9812, Title 16 of the Delaware Code by striking subsections (b), (c), and (d) as they appear therein and substituting in lieu thereof the following subsection:

(b) No penalties shall be imposed upon a paramedic's certification without provisions for a hearing. Hearings shall be established in accordance with the provisions of the Medical Practices Act."

Section 10. Amend §9703(f)(7), Title 16 of the Delaware Code by striking the work "March" as it appears therein and by substituting in lieu thereof the word "April"."

Approved July 08, 2002