2015 Delaware Code
Title 16 - Health and Safety
CHAPTER 97. EMERGENCY MEDICAL SERVICES SYSTEMS
§ 9706 Office of Emergency Medical Services — Additional functions [Effective until fulfillment of 80 Del. Laws, c. 18, § 5].

(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.;