CHAPTER 212

FORMERLY

SENATE BILL NO. 119

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO NURSING AND SIMILAR FACILITIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend §1134(d)(12), Title 16, Delaware Code by deleting §1134(d)(12)a. and §1134(d)(12)b. in their entirety and inserting in lieu thereof the following:

“a. The Secretary of the Department of Health and Social Services may appoint qualified persons to be special investigators for the Division of Long Term Care Residents Protection. Such investigators shall hold office at the pleasure of the Secretary. Any person appointed pursuant to this section shall have a minimum of 10 years experience as a ‘police officer’, as that term is defined in §1911(a) of Title 11, significant investigatory experience while working as a police officer, shall be in good standing with the previous or present law enforcement agency where such person is or was employed, and shall have such other qualifications deemed appropriate by the Secretary.

b. Special investigators appointed under this section may conduct investigations of abuse, neglect, mistreatment or financial exploitation of residents of long term care facilities and infirm adults anywhere in this State as directed by the Director of the Division of Long Term Care Residents Protection and shall have the power to make arrests and serve writs anywhere in this State. In conducting such investigations, the special investigators shall have the statewide powers enumerated under §1911 of Title 11 and such other powers as conferred by law on police officers, but such powers shall be limited to offenses involving abuse, neglect, mistreatment or financial exploitation of residents of long term care facilities and infirm adults anywhere in this State as directed by the Director of the Division of Long Term Care Residents Protection. To the extent possible, special investigators pursuant to this section shall consult with the police agency having jurisdiction and the Director or the Director’s designee prior to making an arrest and shall do so in all cases after making such arrest.”

Approved March 30, 2004