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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2014

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1 DE Admin. Code 710
I. Summary of the Evidence and Information Submitted
The Delaware State Fire Prevention Commission (“Commission”) has adopted a regulation amending the current 710 Ambulance Service Regulations in Title 1 of the Administrative Code by striking the words marked by strike through and adding the words underlined in the revised 710 Ambulance Service Regulations as it appears below. The Commission held a public hearing at which members of the public were permitted to present comments on the proposed regulation on December 17, 2013 at 7:00 p.m. in the Delaware State Fire Prevention Chamber at the Delaware Fire Service Center, 1463 Chestnut Grove Road, Dover, DE 19904. No written comments were submitted by members of the public in the 15 days following the public hearing.
II. Findings of Facts
The Commission finds that it is appropriate to revise the current 710 Ambulance Service Regulations in Title 1 of the Administrative Code by striking the words marked by strike through and adding the words underlined in the revised 710 Ambulance Service Regulations as it appears below.
III. Decision to Amend the Regulation
For the foregoing reasons, the Commission concludes that it is appropriate to amend Title 1 of the Administrative Code by striking the words marked by strike through and adding the words underlined in the revised 710 Ambulance Service Regulations as it appears below.
IV. Text and Citation
The text of existing 710 Ambulance Service Regulation in Title 1 of the Administrative Code is amended by striking the words marked by strike through and adding the words underlined in the revised 710 Ambulance Service Regulations as it appears below. Said regulation shall be cited as 1 DE Admin. Code 710 Ambulance Service Regulations.
V. Effective Date of Order
2.1.1 Privately owned vehicles or vessel not ordinarily used in the business of transporting persons who are sick, injured, wounded or otherwise incapacitated or helpless.
2.1.2 A vehicle or vessel rendering service as an ambulance in case of a major catastrophe or emergency when the ambulances with permits and based in the locality of the catastrophe or emergency are insufficient to render the services required.
2.1.6 A vehicle or vessel which is designed or modified and equipped for rescue operations to release persons from entrapment and which is not routinely used for emergency medical care or transport of patients.
“Advanced Life Support” or “(ALS)” - means the advanced level of pre-hospital and inter hospital emergency care that includes basic life support functions including cardiopulmonary resuscitation, plus cardiac monitoring, cardiac defibrillation, telemetered electrocardiography, administration of anti arrhythmic agents, intravenous therapy, administration of specific medications, drugs and solutions, use of adjunctive medical devices, trauma care and other authorized techniques and procedures.
Advertising” - means information communicated to the public, or to an individual concerned by any oral, written, or graphic means including, but not limited to, handbills, newspapers, television, billboards, radio, internet or other electronic/wireless media and telephone directories.
Ambulance” - means any publicly or privately owned vehicle or vessel that is specifically designed, constructed or modified and equipped, and intended to be used for and is maintained or operated for the transportation upon the streets, and highways, and waterways of the State for persons who are sick, injured, wounded or otherwise incapacitated or helpless.
Ambulance Service District” - means a geographical area with boundaries which are typically (but not always) aligned to fire service districts within the State as identified and established by the Delaware State Fire Prevention Commission.
Basic Life Support or (BLS)” - means the level of capability which provides EMT emergency patient care designed to optimize the patient’s chances of surviving an emergency situation.
BLS Ambulance Permit – means a permit given to each Ambulance a BLS Ambulance Service Provider wishes to use on the streets, highways, or waterways in this State and approved by the Commission or its designated representative.
BLS Ambulance Service Contract” - means a written contract between either a Primary or Secondary Ambulance Service Provider and an individual, organization, company, site location or complex or other entity for BLS Ambulance Service.
BLS Ambulance Service Provider - means ambulance service which provides BLS level intervention both through the level of personnel and training provided.
BLS Ambulance Service Provider License” - means a license that validates a BLS Ambulance Service Provider approved by the Commission to provide BLS Ambulance Service in this State.
BLS Run Report – means a standardized patient care report provided by the State EMS office Office of Emergency Medical Services (OEMS).
Cardiopulmonary Resuscitation (CPR)” – means a combination of chest compressions and rescue breathing used during cardiac and respiratory arrest to keep oxygenated blood flowing to the brain.
Center For Medicare/Medicaid Services (CMS) - means the Federal agency which oversees Medicare billing and ambulance standards.
Certification” – means the authorization by the Delaware State Fire Prevention Commission to practice the skills of an EMT or EMR within the State.
Delaware State Fire Prevention Commission (DSFPC) - means the Delaware State Fire Prevention Commission - The (DSFPC) State agency mandated in Title 16, Delaware Code whom to regulates the Basic Life Support System in the State.
"County or counties" – refers singularly or collectively to New Castle, Kent and Sussex Counties of the State.
"County paramedic service" – means the paramedic service operated by a county with its own employees or under contract with another governmental entity.
Delaware Division of Fish and Wildlife” – means a division of the Department of Natural Resources and Environmental Control which regulates and enforces boating laws and regulations in this State.
Delaware Refresher Course” - means a course of instruction for re-certification required by the Delaware State Fire Prevention Commission for EMT’s and EMR’s that meets the guidelines of the United States Department of Transportation curriculum National Highway Traffic Safety Administration’s (NHTSA) National EMS Education Standards most current curriculum.
Delaware State Fire School (DSFS)” – means the institution referred to in 16 Del.C. §6617 and under the supervision and control of the Delaware State Fire Prevention Commission.
Delaware Training Standard For Delaware Emergency Medical Technicians & Emergency Medical Responders” – means the current United States Department of Transportation curriculum most current National Highway Traffic Safety Administration’s (NHTSA) National EMS Education Standards curriculum.
Emergency” - means the BLS and ALS response to the needs of an individual for immediate medical care in order to prevent loss of life or aggravation or physiological or psychological illness or injury.
Emergency Medical Dispatch System” - means aAn approved protocol system used by an approved dispatch center to dispatch aid to medical emergencies which must include:
Emergency Medical Responder (EMR)” – means an individual who has successfully completed an passed Emergency Medical Responder course that meets the United States Department of Transportation the most current National Highway Traffic Safety Administration’s (NHTSA) National EMS Education Standards curriculum.
Emergency Medical Services (EMS) Provider” - means individual providers certified by the Delaware State Fire Prevention Commission to perform pre hospital care. For the purposes of this Regulation this includes EMT’s and EMR’s.
Emergency Medical Services Provider Agency – means a provider agency certified by the Delaware State Fire Prevention Commission.
Emergency Medical Services Systems” or “(EMSS) – means 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.
Emergency Medical Technician or (EMT) – means the individual as defined in 16 Del.C. §9702(112).
Handbook of Delaware Boating Laws and Regulations” – means a document published by the Department of Natural Resources and Environmental Control that details Delaware Boating Regulations.
HIPAA” - means the Health Insurance Portability and Accountability Act of 1996.
Hospital” - means an institution having an organized medical staff which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic and therapeutic services or rehabilitation services for the care or rehabilitation of injured, disabled, pregnant, diseased, sick or mentally ill persons. The term includes facilities for the diagnosis and treatment of disorders within the scope of specific medical specialties, but not facilities caring exclusively for the mentally ill.
Litter” – means any device used to secure a patient’s body and move them safely from one location to another.
Medical Command Facility” - means the distinct unit within a hospital which meets the operational, staffing and equipment requirements established by the Secretary, Delaware Health and Social Services for providing medical control to the providers of advanced life support services. Any hospital that operates an emergency medical facility and desires to be designated as a medical command facility shall maintain and staff such facility on its premises and at its own expense with exception of base station communication devices which shall be an authorized shared expense pursuant to the provisions of Title 16, Chapter 98.
Medical Control” - means directions and advice normally provided from a centrally designated medical facility operating under medical supervision, supplying professional support through radio or telephonic communication.
Medical Control Physician” - means any physician board-certified or board-prepared in emergency medicine, or a physician certified on advanced trauma life support (ATLS) and advanced cardiac life support (ACLS) 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 commands via radio or other telecommunication devices to a paramedic or EMT. When a medical control physician establishes contact with a paramedic or EMT, and provides medical control instructions that exceed or otherwise modify the standing orders of the statewide standard treatment protocol, the paramedic or EMT 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.
National Registry Of Emergency Medical Technicians” or “(NREMT)” - means the nationally recognized organization for the testing and registering of persons who have completed [United States Department of Transportation curriculum the most current National Highway Traffic Safety Administration's (NHTSA) National EMS Education Standards], paramedic, EMT and EMR courses.
National Registered Emergency Medical Technician – Basic or “(NREMT-B)” - means a person who completed the United States Department of Transporation most current National Highway Traffic Safety Administration’s (NHTSA) National EMS Education Standards curriculum and passed the NREMT examination.
Non-Emergency Ambulance Service” - means ambulance service which provides routine transport of persons who are sick, convalescent, incapacitated and non-ambulatory but do not ordinarily require emergency medical treatment while in transit.
"Non-Emergency Ambulance Service Contract" - means a written contract between Ambulance Service Provider and an individual, organization, company, site location or complex or other entity for Non-Emergency Ambulance Service.
Non-Emergency Ambulance Service Provider” – means an organization or company which has been authorized by the Delaware State Fire Prevention Commission to provide Non-Emergency Ambulance Service within the State.
Office Of Emergency Medical Services (OEMS)” - means the State agency responsible for ensuring the effective coordination and evaluation of the emergency medical services system in the State which includes providing assistance and advice for activities related toward the planning, development, improvement and expansion of emergency medical services.
Paramedic: means a person who has successfully completed a course approved by the Board of Medical Licensure and Discipline or its duly authorized representative, documented by OEMS, recognized by the Commission as a Delaware EMT while in the performance of their duties with a County Paramedic Service or State agency.
Patient” - means an individual who is sick, injured, wounded or otherwise incapacitated or helpless and/or seeks immediate medical attention.
Pre-hospital Care” - means any emergency medical service, including advanced life support, rendered by an emergency medical unit before and during transportation to a hospital or other facility.
Primary BLS Ambulance Service” - means BLS Ambulance Service provided by the Primary Ambulance Service Provider certified by the Delaware State Fire Prevention Commission within a specific Ambulance Service District.
Primary BLS Ambulance Service Provider” - means an organization or company which has been designated by the Delaware State Fire Prevention Commission as having primary responsibility for providing BLS Ambulance Service within a specific Ambulance Service District.
Protocols” - (BLS) means written and uniform treatment and care plans, prepared pursuant to 16 Del.C. §9802(2423), for emergency and critical patients statewide that constitutes the standing orders of for BLS providers.
Quality Assurance” - means the retrospective review or inspection of services or processes that is intended to identify problems.
Quality Improvement” - means the continuous study and improvement of a process, system or organization.
Recertification Training” - means a defined curriculum that once completed allows the individual to continue practicing as an EMT or EMR for a specific period of time as determined by the Delaware State Fire Prevention Commission.
Response Time” - means the time the Ambulance is notified by dispatch until the Ambulance arrives on scene.
Responsible Charge” - means the individual who is identified as having both the responsibility and authority to ensure full and complete compliance with all requirements of this Regulation.
Secondary BLS Ambulance Service” - means ambulance service provided under contract to specific locations within an Ambulance Service District by a BLS Ambulance Service Provider other than the Primary Ambulance Service Provider.
Secondary BLS Ambulance Service Provider” - means an organization or company which provides supplemental BLS Ambulance service anywhere in the State and always under specific contractual agreements.
Semi Automatic External Defibrillation (SAED)” – means an external computerized defibrillator designed for use in unresponsive victims with no breathing or signs of circulation.
State Board of Medical Licensure and Discipline (Board)” - means the body charged with protecting the consumers of the Delaware healthcare system through the proper licensing and regulation of physicians and other health care professionals.
Water Ambulance” or “Vessel” - means any publicly or privately owned vessel that is specifically designed, constructed or modified and equipped, and intended to be used for and is maintained or operated for the transportation upon the waterways of the State for persons who are sick, injured, wounded or otherwise incapacitated or helpless.
4.0 BLS Ambulance Service License and Permits
4.1 Any person, firm, corporation or association either as owner, agent or otherwise who furnish, conduct, maintain, advertise or otherwise engage in or profess to be engaged in the business or service of providing BLS Ambulance Service upon the streets, or highways, or waterways of this State shall hold a valid License and pPermit(s) as either a Primary or Secondary BLS Ambulance Service Provider issued by the Delaware State Fire Prevention Commission. Application for this the License and pPermit(s) shall be upon forms provided by the Delaware State Fire Prevention Commission.
4.2 The issuance of a License and pPermit(s) hereunder shall not be construed so as to authorize any person, firm, corporation or association to provide BLS Ambulance Services or to operate any Ambulance without compliance with all laws, ordinances and regulations enacted or promulgated by any state, county or municipal government concerning Ambulances.
4.3 Prior to issuing an original or renewal License and pPermit(s), the Delaware State Fire Prevention Commission shall determine that all requirements of this Regulation are fully met. Additionally, the Delaware State Fire Prevention Commission has the authority to ensure continued compliance with these Regulations through the periodic review of records and operations.
4.4 Only Primary or Secondary BLS Ambulance Service Providers holding a current, valid BLS Ambulance Service Provider License and pPermit(s) shall be authorized to respond and provide BLS Ambulance Service within the State.
4.5 A Primary or Secondary BLS Ambulance Service Provider may not discontinue BLS Ambulance Service until a replacement provider has been selected and can assume BLS Ambulance Service with no reduction in service.
The Delaware State Fire Prevention Commission shall have has the authority to establish Ambulance Service Districts pursuant to 16 Del.C. §6717(a).
6.1 BLS Ambulance Service may be provided by Primary BLS Ambulance Service Providers within their Ambulance Service District or in the course of providing mutual aid within other Ambulance Service Districts, provided:
6.1.1 They have a current License and pPermit(s); and
6.1.2 They are assigned by the Delaware State Fire Prevention Commission as a Primary BLS Ambulance Service Provider.
6.2 The Delaware State Fire Prevention Commission shall be authorized to select a new Primary BLS Ambulance Service Provider at such time that:
6.2.1 The current Primary BLS Ambulance Service Provider chooses to discontinue service; or
6.2.2 The Commission determines that there has been Ffailure to meet one or more elements of this Regulation, which creates a threat to public safety; or
6.2.3 The current Primary BLS Ambulance Service Provider either directly or indirectly, by merger or affiliation or through contractual agreement transfers or assigns Primary BLS Ambulance Service to any person, firm, corporation, other business or non-profit entity not authorized by the Delaware State Fire Prevention Commission to provide BLS Ambulance Service within the Primary BLS Ambulance Service Provider’s Ambulance Service District.
6.3 Any organization desiring to assume the role of Primary BLS Ambulance Service Provider will be required to apply to the Delaware State Fire Prevention Commission showing adequate cause in the interest of public safety to justify the change.
6.4 BLS Ambulance Service may be provided by Secondary BLS Ambulance Service Providers only to those with whom they have a contract for such service provided they:
6.4.1 Have a current License and pPermit(s); and
6.4.3 Provided the names, locations and conditions of all Secondary BLS Ambulance Service contracts to the Delaware State Fire Prevention Commission within 20 days of contract finalization.
7.0 BLS Ambulance Service Provider License and Permit Requirements
7.1 BLS Administrative Requirements
7.1.1 Procedures for securing a BLS Ambulance Service Primary or Secondary BLS Ambulance Service Provider permit License include:
7.1.1.1 The owner or registered agent must apply to the Delaware State Fire Prevention Commission upon forms provided and according to procedures established by the Delaware State Fire Prevention Commission.
7.1.1.2 The Primary or Secondary BLS Ambulance Service Provider shall either be based in the State or maintain an office in the State with a full time individual assigned to that office who is in Responsible Charge.
7.1.1.4 The Primary or Secondary BLS Ambulance Service Provider must provide proof of liability insurance in the amount of $1 Million blanket liability coverage.
7.1.1.5 The Primary or Secondary BLS Ambulance Service Provider must provide proof of automobile liability insurance in the amount of $1 Million individual, $3 Million aggregate per occurrence.
7.1.1.6 A current Primary or Secondary BLS Ambulance Service Provider requesting a permit for a Water Ambulance must provide proof of liability insurance in the amount of $1 Million blanket liability coverage.
7.1.2 Permits issued shall be valid until December 31st of that year. Permits must be renewed annually. Procedures for securing a BLS Ambulance Service Provider Ambulance Permit(s) include:
7.1.2.1 The owner or registered agent must hold a valid BLS Ambulance Service Provider License approved by the Commission to apply for an ambulance permit(s).
7.1.2.2 A BLS Ambulance Service Permit(s) must be applied for upon forms provided and according to procedures established by the Commission for each ambulance used on the streets, highways and waterways of this state.
7.1.2.3 BLS Ambulance Service Providers adding an ambulance during a current permit year must apply for a Permit(s) on forms provided and according to procedures established by the Commission.
7.1.2.4 BLS Ambulance Service Providers must schedule an inspection with the Commission or its designated agent prior to utilizing the ambulance(s) on the streets, highways and waterways of this state.
7.1.2.5 Once all requirements set forth in this Regulation are met, a permit will be issued. Permits Issued, shall be valid until December 31st of that year. Renewal period begins October 1st and ends December 31st annually and must meet all requirements established by the Commission.
7.1.3 The Delaware State Fire Prevention Chairman of the Commission may issue temporary permits when determined to be in the interest of public safety.
7.1.4 On an on-going basis throughout the term of the License and pPermit(s), the owner or individual in Responsible Charge shall be available upon reasonable notification for the purpose of providing documentation on any provisions of this Regulation and permitting physical inspection of all facilities and vehicles.
7.1.5 No Primary BLS Ambulance Service Provider or Secondary BLS Ambulance Service Provider shall advertise or represent that it provides any Ambulance service other than it is authorized to provide under this Regulation.
7.1.6 All individuals, Primary BLS Ambulance Service Providers and Secondary BLS Ambulance Service Providers shall be required to participate in the Delaware State Fire Prevention Commission approved Ambulance data collection system which includes:
7.1.6.1 A BLS run report shall be completed on all 911 and Non-Emergency dispatched responses.
7.1.6.2 EMT’s shall complete, without exception, a written/computer report and/ or written report on each patient contact. Reports shall be completed within twenty-four (24) hours the time frame described in the most current State of Delaware BLS Protocols.
7.1.6.3 When available, all reasonable attempts shall be made to enter the report shall be entered electronically and forwarded it to the state EMS office.
7.1.7 Refusal of Service. EMT’s shall complete, without exception, a written and/ or computer report on each patient refusal. Reports shall be completed as described in the most current State of Delaware BLS Protocols.
7.2.1 Roadway Vehicle Standards
7.2.2 Transports should be made in a safe manner as to prevent further injury, and utilize visual and audible warning devices as appropriate based on the patient’s condition. It is in the best interest of patient care that the highest medically trained practitioner advise of the appropriate mode of transportation based on the patient’s condition.
7.2.23 Equipment Standards
7.2.23.1 Every BLS Ambulance shall maintain the required equipment and supplies as specified by the Delaware State Fire Prevention Commission and updated annually following recommendations from the Delaware State Fire School Director and the Delaware State Fire Prevention Commission’s Medical Director.
7.2.3.2 Required equipment shall be reviewed annually following recommendations from the Delaware State Fire School Director and the Commission’s Medical Director.
7.2.34 Staffing Requirements
7.2.34.1 Minimum acceptable crew staffing when transporting a patient shall consist of a driver and one Delaware State Certified EMT.
7.2.34.2 A minimum of one Delaware State Certified EMT or a Paramedic licensed in the State of Delaware shall always be in the patient compartment when a patient is present.
7.2.34.3 BLS Ambulance Service drivers are required to have completed the “Emergency Vehicle Operators” course conducted by the Delaware State Fire School or an equivalent program approved by the Delaware State Fire Prevention Commission.
7.2.34.4 BLS Ambulance Service drivers are required to maintain current SAED/CPR CPR/AED certification, approved by the Commission.
7.2.34.5 Any member or employee with a BLS Ambulance Service Provider who has been convicted of or, had that employee member or been charged as a juvenile, adjudicated delinquent of crimes set forth in 16 Del.C. §6647 or any similar offense under any federal, state, or local law is prohibited from serving as a BLS Ambulance Service driver in this State.
7.2.34.5.1 The BLS Ambulance Service Provider shall certify, on an annual basis, to the State Fire Prevention Commission that their members or employees have never been convicted of an offense that constitutes any of the crimes set forth in 16 Del.C. §6647 or any similar offense under any federal, state, or local law.
7.2.45 Quality Assurance. Each Primary and Secondary BLS Ambulance Service Provider shall be responsible for monitoring quality assurance in the form of patient care and both mobilization and response times. The method in which this is accomplished is the authority and responsibility of the Primary or Secondary BLS Ambulance Service Provider per the Quality Assurance and Improvement Program established by the Delaware State Fire Prevention Commission in conjunction with the Office of Emergency Medical Services and adopted by the Delaware State Fire Prevention Commission.
7.2.56 Communications Requirements
7.2.56.1 Dispatch Centers
7.2.56.1.1 Dispatch centers for both Primary and Secondary BLS Ambulance Service Providers shall meet the criteria established by the Delaware State Fire Prevention Commission.
7.2.56.1.2 Secondary BLS Ambulance Service Provider dispatch centers shall be responsible for following call taking protocols as established by the Delaware State Fire Prevention Commission. Calls determined to be ALS in nature shall be transferred to the appropriate public safety answering point (PSAP) within 30 seconds of taking the call utilizing a dedicated phone line to that PSAP.
7.2.56.1.3 Calls determined to be BLS in nature shall not be required to be forwarded to the PSAP.
7.2.56.1.4 Dispatch centers shall follow an Emergency Medical Dispatch System approved by the Delaware State Fire Prevention Commission.
7.2.56.2 Ambulances. All BLS Ambulances dispatched to handle 9-1-1 emergency responses shall be equipped with reliable communication through the State of Delaware 800 MHz radio system.
7.2.67 SAED Requirements. Upon placing a SAED on any Ambulance, tThe Primary BLS Ambulance Service Provider or Secondary BLS Ambulance Service Provider shall comply with the Delaware Early Defibrillation Program Administrative Policies as established by the Office of Emergency Medical Services.
7.2.78 Infection Control: All Primary BLS Ambulance Service Providers and Secondary BLS Ambulance Service Providers shall comply with the infection control requirements in Chapter 10A 12A, Title 16 of the Delaware Code.
7.2.89 Medical Control: Primary BLS Ambulance Service Providers and Secondary BLS Ambulance Service Providers shall be required to follow all orders issued.
7.2.910 Center for Medicare Medicaid Services (CMS): All Primary BLS Ambulance Service Providers and Secondary BLS Ambulance Service Providers shall comply with the Final Rule in the Federal Register (64F.R3637) revising the Medicare policies for ambulance services adopted February 24, 1999, or the most current edition.
7.2.101 All Primary BLS Ambulance Service Providers and Secondary BLS Ambulance Service Providers shall comply with Health Insurance Portability and Accountability Act of 1996 (HIPAA), or the most current version.
7.3.1.1 Those vessels that are listed in Title 23, Subchapter II, §2115.
7.3.2 The Vessel shall have clearly visible Star of Life and letters on both sides identifying the name of the organization or corporation or the vessel’s specific identifier as specified under permit documentation. The letters shall be at least three inches in height
7.3.4.1 Provides access to the head, torso, and lower extremities of the patient while providing sufficient working space to render patient care;
7.3.4.2 Is covered, on all sides including the top, to protect the patient and EMS personnel from the elements, such as, but not limited to wind and spray;
7.3.4.3 Has an opening sufficient size to permit the safe loading and unloading of a person occupying a litter;
7.3.4.4 Is able to secure a patient litter in the patient compartment of the vessel, must include securing straps for chest, waist and leg area, and must be secured a minimum of 12 inches off the floor of the patient care compartment.
7.3.5 Equipment Standards:
7.3.5.1 Each BLS Water Ambulance must carry all equipment as specified by the U.S.Coast Guard Minimum Equipment requirements for Motorboats.
7.3.5.2 Every BLS Water Ambulance is required to carry all BLS required equipment and supplies as specified by the Commission.
7.3.5.3 Required equipment must be reviewed annually following recommendations from the Delaware State Fire School Director and the Commission’s Medical Director.
7.3.6 Staffing Requirements
7.3.6.1 Minimum acceptable crew staffing when transporting a patient shall consist of a Certified Boat Operator, per Title 23, Chapter 22, Subchapter III, § 2221, and one Delaware State Certified EMT or a Paramedic licensed in the State of Delaware.
7.3.6.2 A minimum of one State Certified EMT shall always be in the patient compartment when a patient is present.
7.3.6.3 BLS Water Ambulance Service Boat Operators and EMTs are required to have completed the “Boaters Safety Education” course approved by the Delaware Division of Fish and Wildlife and are required to carry their certification while operating a vessel, set forth in Title 23, Chapter 22, Subchapter III, §2221.
7.3.6.3.1 Exemption for Boat Operators are as follows, or in the most current list provided in Title 23, Chapter 22, Subchapter III, §2222, which would supersede this section:
7.3.6.4 BLS Water Ambulance Service Boat Operators are required to maintain current CPR/AED certification.
7.3.6.5 Any member or employee with a BLS Ambulance Service Provider who has been convicted of or charged as a juvenile, adjudicated delinquent of crimes set forth in 16 Del.C. §6647 or any similar offense under any federal, state, or local law is prohibited from serving as a BLS Water Ambulance Service Boat Operator in this State.
7.3.6.5.1 The BLS Ambulance Service Provider shall certify, on an annual basis, to the Commission that their members or employees have never been convicted of an offense that constitutes any of the crimes set forth in 16 Del.C. §6647 or any similar offense under any federal, state, or local law.
7.3.7 Quality Assurance. Each Primary and Secondary BLS Ambulance Service Provider shall be responsible for monitoring quality assurance in the form of patient care and both mobilization and response times. The method in which this is accomplished is the authority and responsibility of the Primary or Secondary Water Ambulance Service Provider per the Quality Assurance and Improvement Program established by the Commission in conjunction with the Office of Emergency Medical Services and adopted by the Commission.
7.3.8 Communications Requirements
7.3.8.1 Dispatch Centers
7.3.8.1.1 Dispatch centers for both Primary and Secondary BLS Ambulance Service Providers shall meet the criteria established by the Commission.
7.3.8.1.2 Secondary BLS Ambulance Service Provider dispatch centers shall be responsible for following call taking protocols as established by the Commission. Calls determined to be ALS in nature shall be transferred to the appropriate public safety answering point (PSAP) within 30 seconds of taking the call utilizing a dedicated phone line to that PSAP.
7.3.8.1.3 Calls determined to be BLS in nature shall not be required to be forwarded to the PSAP.
7.3.8.1.4 Dispatch centers shall follow an Emergency Medical Dispatch System approved by the Commission.
7.3.8.2 All BLS Water Ambulances dispatched to handle 9-1-1 emergency responses shall be equipped with reliable communication through the State of Delaware 800 MHz radio system and VHF radio with the marine frequencies listed in The Handbook of Delaware Boating Laws and Responsibilities.
7.3.9 AED Requirements. Upon placing an AED on any Water Ambulance, the Primary BLS Ambulance Service provider or Secondary BLS Ambulance Service Provider shall comply with the Delaware Early Defibrillation Program Administrative Policies as established by the Office of Emergency Medical Services.
7.3.10 Infection Control: All Primary BLS Ambulance Service Providers and Secondary BLS Ambulance Service Providers shall comply with the infection control requirements in Chapter 12A, Title 16 of the Delaware Code.
7.3.11 Medical Control: Primary BLS Ambulance Service Providers and Secondary BLS Ambulance Service Providers shall be required to follow all orders issued.
7.3.12 Center for Medicare Medicaid Services (CMS): All Primary BLS Ambulance Service Providers and Secondary BLS Ambulance Service Providers shall comply with the Final Rule in the Federal Register (64 F.R. 3637) revising the Medicare policies for ambulance services adopted February 24, 1999, or the most current edition.
7.3.13 All Primary BLS Water Ambulance Service Providers and Secondary Water Ambulance Service Providers shall comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or the most current version.
8.1 The owner or registered agent of every Primary BLS Ambulance Service Provider or Secondary BLS Ambulance Service Provider, on streets, highways or waterways, shall provide BLS Ambulance Service in accordance with the requirements set forth in this Regulation and the contractual agreements established as either a Primary or Secondary BLS Ambulance Service Provider and filed with the Delaware State Fire Prevention Commission in accordance with the provisions set forth in these Regulations. The Delaware State Fire Prevention Commission shall have the authority to issue corrective orders, cease and desist orders, and suspend or revoke a Primary BLS Ambulance Service Provider or Secondary BLS Ambulance Service Provider’s License and or pPermit(s).
8.2 Every BLS Ambulance, on streets, highways or waterways, shall maintain the required equipment and supplies as specified by the Delaware State Fire Prevention Commission.
8.2.2 For those violations of section 8.2 representing an imminent danger to the public, the Delaware State Fire Prevention Commission or its designated agent shall issue and deliver an order to cease and desist any further BLS Ambulance Service until such time as the violation has been verified as being corrected and corrective measures accepted by the Delaware State Fire Prevention Commission or its designated agent.
8.2.3.1 Critical – The Primary BLS Ambulance Service Provider or Secondary BLS Ambulance Service Provider shall be immediately notified and the unit is placed out-of-service until the deficiency is corrected and a re-inspection has occurred.
8.2.3.2 Cautionary – The Primary BLS Ambulance Service Provider or Secondary BLS Ambulance Service Provider shall be immediately notified and the violation(s) shall require correction within five (5) working days of receipt of notice. All corrections shall require validation by the Delaware State Fire Prevention Commission or its designated agent. If not corrected within five (5) working days, the unit must be placed out-of-service.
8.2.3.3 Watchful – The Primary BLS Ambulance Service Provider or Secondary BLS Ambulance Service Provider shall be immediately notified that the deficiency must be corrected at the next restocking or shift change.
8.3 A Primary BLS Ambulance Service Provider or Secondary BLS Ambulance Service Provider, on streets, highways or waterways, may have its BLS Ambulance Service License and or pPermit(s) revoked or suspended if said Provider:
8.3.1 A Primary Ambulance Service Provider or Secondary Ambulance Service Provider hHas violated or aided or abetted in the violation of any provision of this Regulation, the Delaware Boating Regulations or order issued by the Delaware State Fire Prevention Commission or its designated agent; or
8.3.2 A Primary Ambulance Service Provider or Secondary Ambulance Service Provider hHas practiced any fraud, misrepresentation, or deceit in obtaining or renewing a BLS Ambulance Service License and or pPermit(s); or
8.3.3 A Primary Ambulance Service Provider or Secondary Ambulance Service Provider hHas demonstrated gross negligence, incompetence or misconduct in providing BLS Ambulance Service; or
9.1 The Delaware State Fire Prevention Commission hereby establishes a Statewide Basic Life Support (BLS) Quality Assurance and Quality Improvement Committee hereinafter referred to as the Committee.
9.2 Purpose: The Quality Assurance/Quality Improvement (QA/QI), under direction of the State Medical Director or the designated agent is responsible for assuring and improving the quality of Basic Life Support within the EMSS that are served by the State of Delaware.
9.3.1 Quality Assurance is the retrospective review or inspection of services or processes that is intended to identify problems.
9.3.2 Quality Improvement is the continuous study and improvement of a process, system or organization.
9.5.4 The Quality Assurance Manager shall implement a Quality Assurance and iImprovement Program within their agency or department.
9.6.1 The statewide BLS QA/QI Committee shall be comprised of one two BLS representatives, Delaware EMT certified, from each county (one appointed by the County Fireman’s Firefighter’s Association, and one appointed by the County EMS Association), The BLS Medical Advisor, The State Medical Director or the designated agent, one representative from the State Fire Prevention Commission, who shall chair the Committee, one representative from the Delaware State Fire School, one representative from the Office of Emergency Medical Services, one representative from the Delaware Volunteer Firefighter’s Association, a dispatch center representative and a State patient care report representative. The goal of this Committee is to make sure BLS is meeting all State standards and is providing the best patient care to the citizens and visitors of Delaware.
9.8.1 The QA/QI process evaluates all aspects of patient care and emergency medical services performance in the BLS system. The Committee will concentrate on the following areas: QA/QI process shall evaluate the Key Performance Indicators (KPI) of the EMS system as defined by the SFPC.
10.2 The issuance of a License and Ppermit(s) hereunder shall not be construed so as to authorize any person, firm, corporation or association to provide Non-Emergency Ambulance Services or to operate any Ambulance without compliance with all laws, ordinances and regulations enacted or promulgated by any state, county or municipal government concerning Ambulances.
10.3 Prior to issuing an original or renewal License and or Ppermit(s), the Delaware State Fire Prevention Commission shall determine that all requirements of this Regulation are fully met. Additionally, the Delaware State Fire Prevention Commission has the authority to ensure continued compliance with these Regulations through the periodic review of records and operations.
10.4 Only Non-Emergency Ambulance Service Providers holding a current, valid Non-Emergency Ambulance Service License and Ppermit(s) shall be authorized to respond and provide Non-Emergency Ambulance Service within the State.
11.0 Non-eEmergency Ambulance Service Provider License and Permit(s) Requirements
11.1.1.1 The owner or registered agent must apply to the Delaware State Fire Prevention Commission upon forms provided and according to procedures established by the Delaware State Fire Prevention Commission.
11.1.1.6 Provide a copy of a Non-Emergency Ambulance Service Contract from an individual, organization, company, site location, complex or other entity for Non-Emergency Ambulance Service.
11.1.2 Permits issued shall be valid until December 31st of that year. Permits must be renewed yearly. Procedure for securing Non-Emergency Ambulance Service Provider Ambulance Permit(s) include:
11.1.2.1 The owner or registered agent must hold a valid Non-Emergency Ambulance Service Provider License approved by the Commission to apply for an ambulance permit(s).
11.1.2.2 A Non-Emergency Ambulance Service Provider Ambulance Permit(s) must be applied for upon forms provided and according to procedures established by the Commission for each ambulance used on the streets and highways of this state.
11.1.2.3 Non-Emergency Ambulance Service Providers adding an ambulance during a current permit year must apply for a Permit(s) on forms provided and according to procedures established by the Commission.
11.1.2.4 Non-Emergency Ambulance Service Providers must schedule an inspection with the Commission or its designated agent prior to utilizing the ambulance(s) on the streets and highways of this State.
11.1.2.5 Once all requirements set forth in this Regulation are met, a permit will be issued and a Commission Permit sticker will be placed on the ambulance. Permit(s) issued shall be valid until December 31st of that year. Renewal period begins October 1st and ends December 31st annually and must meet all requirements established by the Commission.
11.1.2.6 Non-Emergency Ambulance Service Providers shall provide with a new application or a renewal application, a BLS Financial report to the Commission.
11.1.3 The Delaware State Fire Prevention Chairman of the Commission may issue temporary permits when determined to be in the interest of public safety.
11.1.4 On an on-going basis throughout the term of the License and or Ppermit(s), the owner or individual in Responsible Charge shall be available upon reasonable notification for the purpose of providing documentation on any provisions of this Regulation and permitting physical inspection of all facilities and vehicles.
11.2.1 Roadway Vehicle Standards
11.2.1.1 All Non-Emergency Service Ambulances Service Providers Ambulance(s) shall be registered and licensed in the State by the Delaware Division of Motor Vehicles.
11.2.2.1 Every Non-Emergency Service Ambulance shall maintain the required equipment and supplies as specified by the Delaware State Fire Prevention Commission and updated annually following recommendations from the Delaware State Fire School Director and the Delaware State Fire Prevention Commission’s Medical Director.
11.2.2.2 Required equipment must be reviewed annually following recommendations from the Delaware State Fire School Director and the Commission’s Medical Director.
11.2.3.1 Minimum acceptable crew staffing when transporting a patient shall consist of a driver and one Delaware State Certified EMT or a Paramedic Licensed in the State of Delaware.
11.2.3.2 A minimum of one Delaware State Certified EMT or Paramedic Licensed in the State of Delaware shall always be in the patient compartment when a patient is present.
11.2.3.45 Any employee with a Non-Emergency Ambulance Service Provider who has been convicted of or, had that employee been charged as a juvenile, adjudicated delinquent of crimes set forth in 16 Del.C. §6647 or any similar offense under any federal, state, or local law is prohibited from serving as an Non-Emergency Ambulance Service driver in this State.
11.2.3.45.1 The Non-Emergency Ambulance Service Provider shall certify, on an annual basis, to the State Fire Prevention Commission that their employees have never been convicted of an offense that constitutes any of the crimes set forth in 16 Del.C. §6647 or any similar offense under any federal, state, or local law.
11.2.5 SAED Requirements. Upon placing an SAED on any Ambulance, the Non-Emergency Ambulance Service Provider shall comply with the Delaware Early Defibrillation Program Administrative Policies as established by the Office of Emergency Medical Services.
11.2.8 All Non-Emergency Ambulance Service Providers will comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or most current version.
12.1 The owner or registered agent of every Non-Emergency Ambulance Service Provider shall provide Non-Emergency Ambulance Service in accordance with the requirements set forth in this Regulation and the contractual agreements established as a Non-Emergency Ambulance Service Provider and filed with the Delaware State Fire Prevention Commission in accordance with the provisions set forth in these Regulations. The Delaware State Fire Prevention Commission shall have the authority to issue corrective orders, cease and desist orders, and suspend or revoke a Non-Emergency Ambulance Service Provider’s License and/or Ppermit(s).
12.2.2 For those violations of section 12.2 representing an imminent danger to the public, the Delaware State Fire Prevention Commission or its designated agent shall issue and deliver an order to cease and desist any further Non-Emergency Ambulance Service until such time as the violation has been verified as being corrected and corrective measures accepted by the Delaware State Fire Prevention Commission or its designated agent.
12.3 A Non-Emergency Ambulance Service Provider may have its Non-Emergency Ambulance Service License and/or Ppermit(s) revoked or suspended if said Provider:
12.3.1 A Non-Emergency Ambulance Service Provider hHas violated or aided or abetted in the violation of any provision of this Regulation or order issued by the Delaware State Fire Prevention Commission or its designated agent; or
12.3.2 A Non-Emergency Ambulance Service Provider hHas practiced any fraud, misrepresentation, or deceit in obtaining or renewing a Non-Emergency Ambulance Service permit; or
12.3.3 A Non-Emergency Ambulance Service Provider hHas demonstrated gross negligence, incompetence or misconduct in providing Non-Emergency Ambulance Service; or
13.1 STEP 1: Any Primary BLS Ambulance Service Provider desiring to terminate BLS Ambulance Service in the State must notify the Delaware State Fire Prevention Commission in writing 180 days before terminating BLS Ambulance Service.
13.2 STEP 2: Immediately upon notification of a Primary BLS Ambulance Service Provider’s desire to terminate service, the Chair or the Vice Chair of the Delaware State Fire Prevention Commission shall notify the president of the county firemen’s association in which the Primary BLS Ambulance Service Provider provides BLS Ambulance Service to the residences and visitors of the State for that Ambulance Service District.
13.3 STEP 3: Immediately upon receiving notification of a Primary BLS Ambulance Service Provider’s desire to terminate BLS Ambulance Service the Chair of the Delaware State Fire Prevention Commission shall appoint a committee. The committee established pursuant to this section 13.3 shall:
13.3.1 The committee established pursuant to this section 13.3 shall Ccommunicate and offer assistance to the terminating Primary BLS Ambulance Service Provider in an effort to help them continue BLS Ambulance Service.
13.3.4 The committee, through the County Firemen’s Association President, shall report to the Delaware State Fire Prevention Commission within 60 days with their recommendations and/or findings.
14.1.1 Apply to the Delaware State Fire Prevention Commission on the approved application form provided by the Delaware State Fire School.
14.1.2.1 They are The individual is a member in good standing of a Delaware Fire Department, an ambulance company, a private ambulance provider or any other group, business or industry authorized or recognized by the Delaware State Fire Prevention Commission to provide BLS or Non-Emergency BLS and/or Ambulance Service within the State.
14.1.2.2 They have obtained The individual has a current EMT, aAdvanced eEmergency mMedical tTechnician (AEMT) or pParamedic registration Certification from the NREMT.
14.1.2.4 They are compliant with criminal history background check pursuant to 16 Del.C. §6712. A person seeking Certification must meet the criminal history background check as mandated in 16 Del.C. §6712(b), effective July 12, 2001 and follow the procedures outlined in this Regulation.
14.1.2.5 The individual Mmust be 18 years of age.
14.1.2.6 Comply with the State of Delaware Immunization policy. An individual applying for certification must meet the requirement of Regulation 710, of the Commission Regulations “Ambulance Service Regulations”.
14.2.1 Certification may be obtained by successfully completing a state approved EMT course and passing the NREMT exam. Registration and Certification will be issued for the time period to coincide with the NREMT registration Certification cycle. This is typically a two-year period.
14.2.2.1 It is the responsibility of the individual applying for certification to provide criminal history background check as specified by Delaware State Fire Prevention Commission pursuant to 16 Del.C. §6712.
14.2.2.2 It is the responsibility of the individual applying to provide all necessary documentation for certification which includes their course completion certificate, a copy of their current SAED/CPR CPR/AED cCertification card, approved by the Commission, Delaware protocol training and NREMT-B card.
14.3.1 Individuals will be re-certified for a two-year period or, if Nationally Registered, for a period to coincide with their NREMT card.
14.3.2 The re-certification requirements for a Delaware EMT will be determined by the Delaware State Fire Prevention Commission, with recommendations of their medical advisor/director.
14.3.3.1 Individuals must submit a request for re-Certification to the Delaware State Fire School Commission documenting completion of the following requirements.
14.3.3.1.1 Attend Successfully complete an approved in-State prescribed US Department of Transportation Delaware EMT refresher that meets the National Highway Traffic Safety Administration’s (NHTSA) National EMS Education Standards most current curriculum conducted by the Delaware State Fire School or an equivalent sanctioned by OEMS and approved by the State Fire Prevention Commission.
14.3.3.1.2 Current CPR/SAED certificate card, approved by the Commission.
14.3.3.1.3 Completion of the approved application form provided by the Delaware State Fire School Commission.
14.3.4 Re-registration as an NREMT-B: The registration requirements for a National Registry of Registered Emergency Medical Technician Basic will be determined by the National Registry of Emergency Medical Technicians.
14.3.5 Active duty military personnel not able to re-certify due to deployment may request for will be permitted an extension of Certification until they are able to return and complete necessary requirements. Upon return the individual shall have 90 days to complete re-Certification requirements.
The practice of EMT services or other profession or occupation regulated by the Delaware State Fire Prevention Commission under a false or assumed name;
The practice of EMT services or other profession or occupation regulated by the Delaware State Fire Prevention Commission without a certificate or other authorizing document or renewal of such document, unless otherwise authorized by the Delaware State Fire Prevention Commission;
The practice of EMT services or other profession or occupation regulated by the Delaware State Fire Prevention Commission by any EMT whose physical or mental capacity is not adequate to safely perform the EMT's duties and responsibilities;
Advertising of the practice of EMT services or other profession or occupation regulated by the Delaware State Fire Prevention Commission in an unethical or unprofessional manner;
Knowing or intentional performance of an act which, unless authorized by the Delaware State Fire Prevention Commission, assists an unauthorized person to practice EMT services or other profession or occupation regulated by the Delaware State Fire Prevention Commission;
Unjustified failure upon request to divulge information relevant to the authorization or competence of a person to practice EMT services or other profession or occupation regulated by the Delaware State Fire Prevention Commission to the Delaware State Fire Prevention Commission, or to anyone designated by the Delaware State Fire Prevention Commission to request such information;
The violation of a provision of this Regulation or the violation of an order of the Delaware State Fire Prevention Commission related to the practice of EMT services, BLS Service or to the procedures of other professions or occupations regulated by Delaware State Fire Prevention the Commission, the violation of which more probably than not will harm or injure the public or an individual;
Suspension or revocation of EMT Certification or of the authorizing document to practice another profession or occupation regulated by Delaware State Fire Prevention the Commission, or other disciplinary action taken by the regulatory authority in another state or territory. In making its determination, the Delaware State Fire Prevention Commission may rely upon decisions made by the appropriate authorities in other states and may not permit a collateral attack on those decisions.
14.4.3.1 Any person who desires to file a complaint against any EMT or Ambulance Service Provider must do so in writing to the Delaware State Fire Prevention Commission.
14.4.3.2 The complaint shall state the name of the EMT and sufficient facts as determined by the Delaware State Fire Prevention Commission which allegedly constitute the basis for the written complaint. If any of these elements are missing in the written complaint, the Delaware State Fire Prevention Commission may, in its discretion, sua sponte dismiss the complaint.
14.4.3.3 The complaint shall be filed with the Delaware State Fire Prevention Commission. The Delaware State Fire Prevention Commission’s designee shall, within 15 days of the receipt of the complaint, fill out a complaint card, assign a complaint number and log the complaint in the Delaware State Fire Prevention Commission's records. A record of the complaint shall be kept with the Delaware State Fire Prevention Commission for a period of 5 years. The Delaware State Fire Prevention Commission shall also assign a designee to investigate the complaint after this procedure is complied with.
14.4.3.4 The Delaware State Fire Prevention Commission shall thereafter mail a copy of the complaint to the EMT or Ambulance Service Provider named in the complaint at the EMT's address of record in the Delaware State Fire Prevention Commission's files. The Delaware State Fire Prevention Commission may, in its discretion, withhold the name of the complainant. The named EMT or Ambulance Service Provider, if the EMT they chooses, may file an answer to the complaint within 20 calendar days with the Delaware State Fire Prevention Commission.
14.4.3.5 The Delaware State Fire Prevention Commission shall suspend its investigation and withhold from the respondent reports of violations or misconduct if a request to do so is made in writing by the Delaware Department of Justice or a federal law-enforcement authority due to the potential effects of such conduct on a pending criminal investigation. Such written request shall suspend any duty to investigate, advise the complainant or respondent, or undertake any other duties that would interfere with the ability of law enforcement to investigate the allegations successfully. The suspension shall remain in effect until the Delaware Department of Justice or federal law enforcement informs the Delaware State Fire Prevention Commission in writing that action by the Delaware State Fire Prevention Commission will not interfere with a pending law-enforcement investigation.
14.4.3.6 The investigator assigned by the Delaware State Fire Prevention Commission shall direct the investigation of the complaint The investigator shall issue a final report at the conclusion of the investigator's investigation. The report shall list the evidence reviewed, the witnesses interviewed and cite the law or regulation alleged to have been violated and the facts to support such finding. The report shall contain a written recommendation to either prosecute or dismiss the complaint approved by the Delaware State Fire Prevention Commission.
14.4.3.7 The Chair or Vice-Chair of the Delaware State Fire Prevention Commission may forward the complaint and written report to the Department of Justice for review by a Deputy Attorney General. If deemed warranted, the Deputy Attorney General may file a formal written complaint against the named EMT or Ambulance Service Provider with the Delaware State Fire Prevention Commission and request a hearing before the Delaware State Fire Prevention Commission. If the Deputy Attorney General assigned to the case recommends not to prosecute or otherwise not file a formal complaint, the Deputy Attorney General shall notify the Chair or Vice-Chair of the Delaware State Fire Prevention Commission in writing.
14.4.3.8 If the Deputy Attorney General assigned to the case recommends dismissal or no prosecution, the Delaware State Fire Prevention Commission shall, thereafter, dismiss the complaint which shall constitute a final order. The Delaware State Fire Prevention Commission shall, thereafter, file a copy of the Attorney General's recommendation and an investigator's report for informational purposes only.
14.4.4 For the purpose of the public health, safety and welfare, the Delaware State Fire Prevention Commission may impose, after a hearing, any of the following sanctions against an EMT or Ambulance Service Provider for any violation of this Regulation:
14.4.4.12 Issue a letter of reprimand;
14.4.4.23 Place the EMT on probationary status with requirements for reporting to the Delaware State Fire Prevention Commission.
14.4.4.34 Suspend any EMT’s Certification;
14.4.4.45 Permanently revoke any EMT’s Certification;
14.4.4.56 Withdraw or reduce conditions of probation when the Delaware State Fire Prevention Commission finds that the deficiencies which required such action have been remedied.
14.5.1.2 They must attend an approved Delaware EMT refresher course. The applicant has successfully completed an approved in-State Delaware EMT refresher that meets the National Highway Traffic Safety Administration’s (NHTSA) National EMS Education Standards most current curriculum conducted by the Delaware State Fire School or an equivalent sanctioned by OEMS and approved by the State Fire Prevention Commission.
14.5.1.3 The applicant must show proof of a current SAED and CPR CPR/AED certification card, approved by the Commission.
14.5.1.4 The applicant has successfully completed the current Delaware Protocol examination. The protocol self study course is available from the Delaware State Fire School or their website.
14.5.1.5 The applicant must acquire a Delaware and Federal is compliant with the criminal history background check pursuant to 16 Del.C. §6712. bBackground checks are at their expense of the applicant.
14.5.1.9 The applicant has not previously had their Delaware EMT Certification or Delaware Paramedic License revoked. Previous suspension of a Delaware EMT Certification or Delaware Paramedic License may be grounds for denial of reinstatement.
14.5.2 Individuals whose card has expired 24 months or more must take successfully pass an approved EMT course and pass the NREMT examination.
14.6 Testing Procedures for the National Registry of Emergency Medical Technicians.
14.6.1 Initial testing and re-testing for National Registered EMT-B will follow the guidelines set forth by the National Registry of Emergency Medical Technicians.
14.7.1.1 They become a member of an authorized Primary, Secondary or Non-Emergency Ambulance Service Provider in the State. They are a member in good standing of a Delaware Fire Department, an ambulance company, a private ambulance provider or any other group, business or industry authorized or recognized by the Commission to provide BLS or Ambulance Service within the State.
14.7.1.2 They submit the required paperwork and application form to the Delaware State Fire School.
14.7.1.4 They have a CPR and /SAED certification card as approved by the Delaware State Fire Prevention Commission.
14.7.1.5 Challenge practical exams as required. They have successfully completed a Reciprocity course approved by the Commission conducted by Delaware State Fire School which includes, but not limited to:
14.7.1.6 Successfully completed Delaware Protocol Examination. They are compliant with the criminal history background check pursuant to 16 Del.C. §6712. Background checks are at the expense of the applicant.
14.7.1.87 Applicants will be advised of the appeal process of Regulation 710, Section 15.0, Criminal History Background Check if reciprocity is denied because of criminal history background check.
14.7.2 Applicants certified from other states without at least a nNationally rRegistered EMT certification must obtain NREMT registration Certification prior to applying for Delaware Certification.
14.8.1.1 Submit a Self-report to the volunteer fire, rescue or ambulance company, BLS Ambulance Service Provider, Primary BLS Ambulance Service Provider, Secondary BLS Ambulance Service Provider or Non-Emergency Ambulance Service Provider to which they are a member or employed and to the State Fire Prevention Commission of any convictions, charges or adjudications.
15.1 Authorized Governmental Designee for the Delaware State Fire Prevention Commission. The Delaware State Fire Prevention Commission authorizes the Director of the Delaware State Fire School to be its governmental designee to acquire and review State and Federal criminal history background checks submitted by the State Bureau of Identification for an applicant applying to become a Delaware EMT and to interview the applicant, if necessary.
15.2.1 The Director of the Delaware State Fire School shall evaluate the criminal history background checks using the criteria established in 16 Del.C. §6712(b). All criminal history background checks will be forwarded by the State Bureau of Identification to the Director of the Delaware State Fire School.
15.2.2 Should the Director of the Delaware State Fire School as a result of the criminal history background check find cause to recommend to the Delaware State Fire Prevention Commission that it deny the application of the person seeking certification as an EMT, the Director shall notify the Delaware State Fire Prevention Commission of this decision. Unprofessional conduct as defined in this Regulation may constitute cause under this sub-section.
15.3 Appeal Process for Denial of Certification or De-certification because of Criminal Conviction. Any Delaware EMT applicant or certificate holder notified by the Delaware State Fire Prevention Commission and or the Delaware State Fire School that the Delaware State Fire Prevention Commission intends to deny the application or decertify the certificate holder because of criminal history background check information may appeal the denial to the Delaware State Fire Prevention Commission. The process is:
15.3.3 The hearing before the Delaware State Fire Prevention Commission will be conducted in accordance with the Delaware Administrative Procedures Act 29 Del.C. Ch. 101.
15.4.3 Persons seeking Certification must meet the criminal history background check as mandated in 16 Del.C. §6712(b), effective July 12, 2001 and follow the procedures outlined in this Regulation.
15.54 Administrative Policy Pertaining to Criminal History Background Checks
15.54.1 Delaware State Fire School training announcements for EMT courses will include the statement “Criminal History Background checks will be required as per the regulations”.
15.54.2 All chiefs of departments, presidents or ambulance captains of volunteer rescue or ambulance squads or officers of private corporations or entities which have students pre-registered for the class shall inform the individual that a criminal history background check will be required. It will be the responsibility of any private EMT training institution to make their students aware that a criminal history background check is required to become a State Certified EMT and the criminal history background check be available in order to receive EMT Certification or authorization by the Delaware State Fire Prevention Commission, or its designee.
15.54.3 Any student not pre-registered for the class will not be accepted as a walk-in. At the start of the EMT course, the student must be 18 years of age.
15.54.4 All EMT students will sign a release provided by the must submit to a Criminal History Background check conducted by the State Bureau of Identification authorizing the criminal history background check. Any student failing to sign the designated form submit to the above will not be allowed permitted to participate in the course.
15.5.5 Students who are members of a private ambulance service are required to pay the course tuition prior to the first night of class. The tuition is refundable at 100% if the student drops out prior to the first night of class. The tuition may be refundable at 50% if the student drops out prior to the midpoint of class. The tuition is non-refundable after the midpoint of class.
15.54.65 Any volunteer fire, rescue or ambulance company student accepted into the a BLS course who conducted by the Delaware State Fire School and does not complete the course will be required to reimburse the Delaware State Fire School the cost of the course materials.
15.65 Payment of Cost for Criminal History Background Checks
15.65.1 All applicants shall pay for the criminal history background check at the time of their request.
15.65.2 Reciprocity for University of Delaware Students
15.65.2.1 The Delaware State Fire Prevention Commission will waive the criminal history background check requirements for all University of Delaware Students applying for Certification as an EMT.
15.65.2.2 The University Police Department will provide the Director of the Delaware State Fire School with a written document listing all eligible students and a statement that they have passed an internal background check at least equal to the requirement of 16 Del.C. §6712.
15.76 Confidentiality of Criminal History Background Check Information
15.76.1 Information obtained pursuant to the criminal history background check is confidential and except as provided in this Regulation, shall not be released from the Delaware State Fire School under any circumstances to anyone.
15.76.2 All criminal history background check information that is reviewed by the Director of the Delaware State Fire School shall be retained in a locked file cabinet in the custody of the Director for a two (2) year period.
15.76.3 When a denial for Certification is made, the Delaware State Fire Prevention Commission will be advised by the Director of the Delaware State Fire School and the background check will be secured for at least 60 days or until any appeal process is completed.
15.76.3.1 At the expiration of 60 days, if an appeal has not been filed, the information is to be retained by the Director of the Delaware State Fire School secured file system.
15.76.4 Pursuant to 16 Del.C. §6712 the individual may meet with the Director of the Delaware State Fire School and after providing proof of identification including a photo identification, review their information. Copies will not be provided to anyone.
16.2 Eligibility for Delaware EMR Certification is based on the following criteria:
16.2.1 An applicant must be a minimum of 16 years of age
16.2.2 The applicant must successfully Ccomplete an approved United States Department of Transportation National Highway Traffic Safety Administration’s (NHTSA) National EMS Education Standards most current EMR curriculum and have a current CPR/AED certification card, approved by the Commission.
16.2.4 The applicant must submit required applications and paperwork to Delaware State Fire School the Commission.
16.4.1 The applicant must re-Certify as mandated determined by the Delaware State Fire Prevention Commission.
16.4.1.1 United States Department of Transportation The applicant must successfully complete an approved National Highway Traffic Safety Administration’s (NHTSA) National EMS Education Standards most current EMR refresher, SAED and CPR curriculum and have a current CPR/AED certification card, approved by the Commission.
16.4.1.2 NREMTR registration is as determined by NREMT the National Registry.
16.4.1.3 The applicant for re-Certification has not previously had their Delaware EMR or EMT Certification, or their Paramedic License revoked. Previous suspension of a Delaware EMR any of the above Certification or License may be grounds for denial of re-Certification.
16.5 De-certification. The applicant may have their Certification revoked by the Delaware State Fire Prevention Commission for any violation of this Regulation. The provisions of sections 14.4 and 14.8 of this Regulation are expressly made applicable to EMR’s.
16.6 Expired EMR Certifications
16.6.1.1 The applicant’s card has been expired for 24 months or less.
16.6.1.2 Attend The applicant has successfully completed an approved refresher course National Highway Traffic Safety Administration’s (NHTSA) National EMS Education Standards most current EMR refresher curriculum and has a current CPR/AED certification card.
16.6.1.3 Show proof of current SAED/CPR certification.
16.6.1.43 The applicant has submitted all required applications and paperwork to Delaware State Fire School the Commission.
16.6.1.54 The applicant for re-Certification has not previously had their Delaware EMR or EMT Certification, or their Paramedic License revoked. Previous suspension of a Delaware EMR any of the above Certification or License may be grounds for denial of re-Certification.
16.6.1.65 Individuals whose card has expired more than 24 12 months must attend a successfully complete an approved National Highway Traffic Safety Administration’s (NHTSA) National EMS Education Standards most current EMR training cCourse curriculum and a current CPR/AED certification card, approved by the Commission.
16.8 Reciprocity. EMR’s from other state must submit a request. An EMR Certified in another state may apply for Reciprocity as an EMR in this State if:
16.8.2 Show proof of attending a United States Department of Transpiration curriculum. The applicant provides a copy of their current State EMR Card.
16.8.3 Obtain or show proof of The applicant provides a copy of their current CPR/SAED certification card, as approved by Delaware State Fire Prevention the Commission.
16.8.4 The applicant successfully completes practical examinations as determined Reciprocity requirements approved by the Delaware State Fire School Commission conducted by the Delaware State Fire School which includes, but is not limited to:
16.8.4.1 Practical examinations
16.8.54.2 Successfully complete the State EMR Written examination.
17.3.1 The applicant is a member in good standing of a Delaware Fire Department, an ambulance company, a private ambulance provider or any other group, business or industry authorized or recognized by the Commission to provide BLS and/or Ambulance Service within the State.
17.3.3 The Chief, CEO, or head of the respective organization sponsoring the applicant signs the application.
17.4.1.1 The applicant submits a request for re-Certification to the Commission documenting completion of the following requirements:
17.4.1.2 The applicant is currently a Paramedic Licensed in the State of Delaware as recognized by OEMS as required for certification.
17.4.1.3 The applicant has a current CPR/AED certificate card, approved by the Commission.
17.4.1.4 Completion of the approved application form provided by the Commission.
17.4.1.2 The applicant for re-Certification is a member in good standing of a Delaware Fire Department, an Ambulance organization, a private Ambulance provider or any other group business or industry certified or recognized by the Commission to provide BLS and/or Ambulance service within the State.
17.4.1.3 The Chief, Chief Executive Officer, President or head of the respective organization signs the application.
17.4.1.4 The applicant submits documentation of successfully completing the current Delaware BLS Protocol examination or successfully complete the current Delaware BLS Protocol examination.
17.4.1.5 The applicant for re-Certification has not previously had their Delaware EMT Certification or Paramedic License revoked. Previous suspension of a Delaware EMT Certification or Paramedic License may be grounds for denial of re-Certification.
17.6 When an EMT recertification is required, if the applicant is not employed as a Paramedic, the applicant will be required to follow the requirements of recertification as described in the regulations.
Last Updated: December 31 1969 19:00:00.
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