CHAPTER 281

AN ACT TO AMEND TITLE 14, ENTITLED "EDUCATION" BY ADDING THERETO A NEW PART ENTITLED "DELAWARE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH".

WHEREAS, Delaware is one of nine states in the United States without a State supported medical school; and

WHEREAS, Delaware is the only one of said nine states which does not contribute to an out of State medical school some portion of the cost of the medical education of its State residents; and

WHEREAS, it is difficult for qualified Delaware residents to obtain admission to medical schools in other states because of the policy in many medical schools of favoring residents of their own states; and

WHEREAS, the rate of growth of medical manpower resources in many communities in Delaware has not kept up with the rate of population growth in Delaware, and the popular demand for medical care throughout Delaware exceeds the capacity of health services to deliver; and

WHEREAS, feasibility studies have recommended against the establishment of a tax supported medical school in Delaware at this time, in part because it would require a capital outlay of $60 to $90 million and an annual operating budget in the order of $5 to $7 million; and

WHEREAS, the University of Delaware, the Wilmington Medical Center and The Jefferson Medical College of Philadelphia have been exploring the possibility of a joint program designed to increase substantially the number of Delaware residents annually admitted to medical school, to develop a medical school affiliation for the Wilmington Medical Center and for such other hospitals or health agencies as may eventually qualify, to increase substantially the number of physicians practicing in Delaware, to expand and extend training programs to the allied health professions and programs of continuing education in these fields as well as in medicine, and to direct maximum efforts in these and related programs to the achievement of more comprehensive health services in the State with particular concern for their quality, accessibility and efficiency; and

WHEREAS, this joint program gives promise of achieving for the people of Delaware most of the advantages of a State medical school at a fraction of the capital and operating costs of a full medical school commitment; and

WHEREAS, the University of Delaware, the Wilmington Medical Center and The Jefferson Medical College of Philadelphia cannot accomplish such purposes unless the General Assembly of the State of Delaware will appropriate funds to underwrite the cost of such a joint program; and

WHEREAS, it is deemed desirable to establish a State agency to enter into a formal arrangement with the University of Delaware, the Wilmington Medical Center and The Jefferson Medical College of Philadelphia on behalf of the State, to administer funds appropriated by the State, and to correlate the planning and programming of health and medical education and research throughout the State;

NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware:

Title 14, Delaware Code, is amended by adding thereto a new part to read:

PART VII. DELAWARE INSTITUTE OF MEDICAL

EDUCATION AND RESEARCH

CHAPTER 100. DELAWARE INSTITUTE OF MEDICAL

EDUCATION AND RESEARCH

§ 1001. Definitions

As used in this chapter—"Board" means the Board of Trustees of the Delaware Institute of Medical Education and Research. "The Institute" means the Delaware Institute of Medical Education and Research.

§ 1002. Creation of board

There shall be a Board of Trustees of the Delaware Institute of Medical Education and Research which shall be a State agency.

§ 1003. Composition; appointment; term; compensation; vacancies; quorum

(a) The Board shall consist of nine trustees.

(b) Three of the trustees, one of whom shall be a resident of each of the several counties, shall be appointed by the Governor by and with the consent of a majority of the members elected to the Senate.

(c) Three of the trustees shall be appointed by the Board of Trustees of the University of Delaware.

(d) Three of the trustees shall be appointed by the Board of Directors of the Wilmington Medical Center.

(e) All members shall be appointed for terms of three years each, subject to one consecutive reappointment, except that of the members first appointed, one each from the three appointing agencies shall be appointed for a term of one year, and similarly three for two years and three for three years. Any member appointed to fill a vacancy shall be appointed only for the unexpired term.

(f) No member of the Board shall receive any compensation for his duties in such capacity except that he may receive his actual travel expenses, including room and board.

(g) Five members of the Board shall constitute a quorum. A majority of the members present at any meeting at which a quorum is present shall be sufficient for any action by the Board.

§ 1004. Purposes

The purposes of the Institute shall be to initiate, encourage and promote:

(a) A satisfactory alternative to a State supported medical school until such time as it appears feasible to establish a state supported medical school.

(b) Expansion of opportunities for Delaware residents to obtain training at a reasonable cost in the health and health-related professions.

(c) A strengthening of the factors favoring decision of qualified personnel in the health and health-related professions to practice in Delaware.

(d) Development of a coordinated program of pre-medical, medical and graduate education among the University of Delaware, the Wilmington Medical Center and a cooperating medical college.

(e) An increased role for the University of Delaware in programs of education and training in the health fields and of health education of the public, as well as in research in health and health-related fields—both basic and applied, including the vital area of community health planning and health-care costs.

() Regional centers of health education, research and referral care, with particular emphasis upon direct service to private and public efforts to extend modern medical care to all sections of the State.

(a) Correlation of health and health education planning and programs throughout the State.

§ 1005. Powers and duties of the board

In furtherance of the purposes set forth in Section 1004 above, the Board shall have the following powers:

(a) Fiscal and Property: To pay or contribute to the cost of a joint program of the University of Delaware, the Wilmington Medical Center and a cooperating medical college in medical education, graduate education in the clinical, biomedical and behavioral sciences and continuing education for the practicing professions, to contribute financially to the medical education of qualified residents of Delaware at such cooperating medical college and to make such other payments as are required for the furtherance of the purposes of the Institute and the performance of the duties of the Board. To receive, hold, invest, reinvest and use, on behalf of the Institute and for any of its purposes, real property, personal property and moneys, or any interest therein, and income therefrom, either absolutely or in trust. The Board may acquire such property or moneys for such purposes by the acceptance of gifts, grants, appropriations, bequests and devises from any source, either public or private.

(b) Education: To foster and support educational opportunities for Delaware residents both within and outside the State of Delaware, in health and health-related fields including graduate programs in the clinical, biomedical and behavioral arts and sciences; to promote curricular and program studies designed to reconcile educational and service practices and needs in these fields; and to pursue these and similar aims through contracts or other appropriate means, in cooperation with the Federal Government, the State Government and the political divisions thereof, educational institutions, health services, nonprofit institutions and organizations, business enterprise and other persons concerned with the health of the people and with scientific and technological research, development and education.

(c) Research: To foster and support health and health-related research and development in the State, to enhance opportunities for greater correlation of research efforts between the private and public sector not only in the biomedical and behavioral arts and sciences, but also in the fields of clinical medicine, socio-economic disciplines and management; and to pursue these and similar aims through contracts or other appropriate means as set forth in the previous paragraph.

(d) Register: To maintain a register of scientific and technological personnel and facilities in the State.

(e) Organizational and General: For the effectuation of the purposes of this Chapter, the Board, in addition to such other powers expressly granted to it by this Chapter, shall have the following powers:

(1) To select such officers, including a Chairman, as it may deem desirable from among its own membership;

(2) To adopt and use a seal;

(3) To sue and be sued;

(4) To appoint or employ such agents or employees as may be required to carry out the provisions of this Chapter and to fix and determine their qualifications, duties, compensation, term of employment and all other terms and conditions of employment;

(5) To adopt by-laws and to make and promulgate such rules and regulations as are necessary and proper for the conduct of the business of the board;

(6) To exercise all other powers not inconsistent with the provisions of this Chapter which may be reasonably necessary or incidental to effectuate the purposes of the Institute.

Approved July 14, 1969.