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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2018

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1 DE Admin. Code 710
The Delaware State Fire Prevention Commission, pursuant to 16 Del.C. §6604(1), proposed to revise:
Following publication in the Delaware Register of Regulations on January 1, 2018 a public hearing was held on February 20, 2018. Written comment periods were held open for thirty days, and an additional fifteen days following the public hearing. At the hearing, the Board accepted as evidence and marked as the Board's Exhibit 1 documentation of publication of the notice of the public hearing in the News Journal and as Board Exhibit 2, documentation of publication of the notice of the public hearing in the Delaware State News. During the written public comment period, no comments were received. During the public hearing, no comments were received.
IT IS SO ORDERED this 20th day of March, 2018 by the Delaware State Fire Commission. The regulation changes will go into effect ten days after final publication of this Order in the Register of Regulations.
“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, 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, 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 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 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 Commission to practice the skills of an EMT or EMR within the State.
Commission - means the Delaware State Fire Prevention Commission - The (DSFPC) State agency mandated in Title 16, Delaware Code to regulate 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 Commission for EMT’s and EMR’s that meets the guidelines of the 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 Commission.
Delaware Training Standard For Delaware Emergency Medical Technicians & Emergency Medical Responders” – means the 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 an 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 passed Emergency Medical Responder course that meets 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 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 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(12).
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 the most current National Highway Traffic Safety Administration's (NHTSA) National EMS Education Standards, paramedic, EMT and EMR courses.
National Registered Emergency Medical Technician” or “(NREMT)” - means a person who completed the 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 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 Commission within a specific Ambulance Service District.
Primary BLS Ambulance Service Provider” - means an organization or company which has been designated by the 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(23), for emergency and critical patients statewide that constitutes the standing orders 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 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.
4.1 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 Permit(s) as either a Primary or Secondary BLS Ambulance Service Provider issued by the Commission. Application for the License and Permit(s) shall be upon forms provided by the Commission.
4.2 The issuance of a License and Permit(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 Permit(s), the Commission shall determine that all requirements of this Regulation are fully met. Additionally, the 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 Permit(s) shall be authorized to respond and provide BLS Ambulance Service within the State.
7.1 BLS Administrative Requirements
7.1.2 Procedures for securing a BLS Ambulance Service Provider Ambulance Permit(s) include:
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.
7.2.3.2 Required equipment shall be reviewed annually following recommendations from the Delaware State Fire School Director and the Commission’s Medical Director.
7.2.4.5 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 Ambulance Service driver in this State.
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.
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.
10.4 Only Non-Emergency Ambulance Service Providers holding a current, valid Non-Emergency Ambulance Service License and Permit(s) shall be authorized to respond and provide Non-Emergency Ambulance Service within the 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.
11.2.1.1 All Non-Emergency Ambulances Service Providers Ambulance(s) shall be registered and licensed in the State by the Delaware Division of Motor Vehicles.
11.2.3.5 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.
14.1.2.4 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.
14.2 Delaware Certification
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.
14.3.3.1.1 Successfully complete the National Continued Competency Program or 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 Commission.
14.3.3.1.2 Current CPR/AED certificate card, approved by the Commission. Current National Registry of Emergency Medical Technicians (NREMT) certification; to coincide with the Delaware Certification cycle.
14.3.4.1 Continuing education classes to achieve re-registration through the NREMT will be reviewed for approval by the Office of Emergency Medical Services shall be approved in accordance with NREMT policy and procedures.
14.5.1.5 The applicant is compliant with the criminal history background check pursuant to 16 Del.C. §6712. Background checks are at their expense of the applicant.
14.6 Testing Procedures for the National Registry of Emergency Medical Technicians.
14.7.1.4 They have a CPR/AED certification card as approved by the Commission.
14.7.1.6 They are compliant with the criminal history background check pursuant to 16 Del.C. §6712. Background checks are at the expense of the applicant.
14.7.1.7 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.
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.
15.5.1 All applicants shall pay for the criminal history background check at the time of their request.
15.6.4 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.
16.6 Expired EMR Certifications
16.6.1.1 The applicant’s card has been expired for 24 months or less.
16.8.4 The applicant successfully completes Reciprocity requirements approved by the Commission conducted by the Delaware State Fire School which includes, but is not limited to:
Last Updated: December 31 1969 19:00:00.
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