CHAPTER 301

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 14

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 1, PART I, TITLE 16 OF THE DELAWARE CODE RELATING TO THE POWERS AND DUTIES OF THE STATE BOARD OF HEALTH AND PROVIDING FOR THE REGULATION OF FREE STANDING SURGICAL CENTERS, FREE STANDING EMERGENCY CENTERS. AND FREE STANDING BIRTHING CENTERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §122(3), Subchapter II, Chapter I, Title 16 of the Delaware Code by adding thereto a new subparagraph which shall read as follows:

"(p) To establish standards for quality assurance in the operation of free standing birthing centers, free standing surgical centers and free standing emergency centers: and to grant permits for the operation of such facilities to persons, associations or organizations meeting those standards and paying the appropriate permit fee established by the Board. When appropriate, the Board should use the established standards for Medicare reimbursement in setting standards. Provided, however, that nothing contained in this paragraph shall be construed to authorize the Board to expand or limit the scope of practice afforded to professionals under other chapters of this Title or other provisions of Delaware law or lawful regulations of the State Board of Health. For the purpose of this Chapter, the following definitions shall apply to those facilities:

(1) 'free standing birthing center' means a public or private facility, other than a hospital, which is established for the purpose of delivering babies and providing immediate postpartum care.

(2) 'free standing surgical center' means a place other than a hospital or the office of a physician, dentist or podiatrist or professional association thereof, which is maintained and operated for the purpose of providing surgery and surgical diagnosis and treatment by persons licensed to practice medicine and surgery, dentistry or podiatry in the State of Delaware, and which shall have an attending staff.

(3) 'free standing emergency center' means a facility, physically separate from a hospital, which uses in its title or in its advertising, the words 'emergency', 'urgent care', or puts of those words or other language Indicating to the public that immediate medical treatment is available to individuals suffering from a life- threatening medical condition."

Approved June 25, 1986.