(a) It is the purpose of this chapter to establish a statewide paramedic program under the direction of the Office of Emergency Medical Services, Division of Public Health, Department of Health and Social Services.

(b) The paramedic program includes a coordinated advanced life support system, under qualified medical supervision, which has the responsibility for providing a rapid response capability in the delivery of emergency medical services to individuals who become unexpectedly ill or incapacitated or who are otherwise placed in a position where highly skilled medical assistance must be rendered to sustain or maintain such individual prior to institutional health care.

(c) The paramedic services program shall be utilized for medical emergencies, either at the scene or while the patient is in transit to a health facility.

(d) It is the further purpose of this chapter to provide a program which shall have a direct impact on the morbidity and mortality rates of this State and which, over a period of time, will also reduce health-care costs to each emergency patient.

(e) It is the further purpose of this chapter to establish a framework for the creation of an effective and efficient means for the provision of advanced life support services to the citizens of this State regardless of their economic status, who require such services without prior inquiry as to the patient’s ability to pay.

(f) This chapter is intended to promote the public health, safety, and welfare of the citizens of this State by providing for the creation of a statewide advanced life support services system, in conjunction with the efforts of all providers of emergency medical services in this State, with uniform standards for all such providers of advanced life support services.

(g) It is the further purpose of this chapter to ensure that emergency patients requiring advanced life support services are transported from the scene of a medical emergency to the nearest emergency medical institution or the institution of their choice, within reason, that possesses the equipment and staff resources to immediately attend to the particular needs of the patient. This statement is tempered by the understanding that, in certain circumstances, it may be necessary to bypass the closest medical facility if specialized medical care is required. It shall also be understood that the use of paramedics to assist in the transfer of patients to facilities and programs which offer such follow-up care and rehabilitation as is necessary to effect the maximum recovery of the patient, shall be permitted when deemed medically necessary.

(h) It is the further purpose of this chapter to ensure that patients who are being seen under a written agreement and enrollment into a mobile-integrated healthcare or community paramedicine program are not considered emergencies, but rather follow-up to a previous medical condition that required emergency transport to a hospital.

67 Del. Laws, c. 152, §  6;  70 Del. Laws, c. 192, §  7;  84 Del. Laws, c. 419, § 1; 

For purposes of this chapter:

(1) “Administrator” means the program chief of the paramedic services responsible for advanced life support and the administration of this chapter.

(2) “Advanced life support” (ALS) means as defined in § 9702 of this title.

(3) “Basic life support” (BLS) means as defined in § 9702 of this title.

(4) “Board” means the Board of Medical Licensure and Discipline.

(5) “Certification” means original certification as a paramedic by the Board of Medical Licensure and Discipline.

(6) “Community paramedicine” means a form of mobile-integrated healthcare that is a provider-led, patient-centered delivery care model using appropriately-trained paramedics or other emergency medical services providers in an expanded role to render care, facilitate a more efficient delivery of care, and enhance access to community resources that address the social determinants of health.

(7) “County” or “counties” mean, singularly or collectively, New Castle, Kent, and Sussex Counties of this State.

(8) “County paramedic service” means the paramedic service operated pursuant to this chapter by a county with its own employees or under contract with another governmental entity.

(9) “County paramedic service” shall mean the paramedic service operated pursuant to this chapter by a county with its own employees or under contract with another governmental entity;

(10) “Criminal history” means a person’s entire criminal history record from the State Bureau of Identification and the person’s entire federal criminal history record maintained by the Federal Bureau of Investigation.

(11) “Department” means the Delaware Department of Health and Social Services.

(12) “Emergency medical services (EMS) provider” means individual providers certified by the Delaware State Fire Prevention Commission or the Office of EMS, or emergency medical dispatchers certified by the National Academy of Emergency Medical Dispatch.

(13) “Emergency medical services (EMS) provider agency” means a provider agency certified by the Delaware State Fire Prevention Commission or the Office of EMS, or an emergency medical dispatch center under contract with the Department of Safety and Homeland Security.

(14) “Emergency medical unit” means an ambulance, rescue vehicle, or any other specialized vehicle staffed by EMS providers and other certified or licensed medical care providers, and utilized solely for providing mobile pre-hospital care and other emergency medical treatment.

(15) “Handler” means the police officer who is the handler of a police dog receiving emergency medical services under this chapter.

(16) “Medical command facility” means the distinct unit within a hospital which meets the operational, staffing, and equipment requirements established by the Division of Public Health for providing medical control to the EMS providers. Any hospital that operates an emergency medical facility and desires to be designated as a medical command facility shall maintain and staff the facility on its premises and at its own expense with the exception of base station communication devices which shall be an authorized shared expense pursuant to the provisions of this chapter.

(17) “Medical control” means an order or directive given to an EMS provider by an authorized medical control physician. These orders or directives shall normally be provided from a specifically authorized and designated medical command facility with such medical supervision supplying professional support to the EMS provider through radio or telephonic communication for on-scene and in-transit basic and advanced life support services.

(18) “Medical control physician” means any physician certified by the American Board of Emergency Medicine or the American Board of Osteopathic Emergency Medicine, or their successors, or a physician certified in Advanced Trauma Life Support (ATLS), Advanced Cardiac Life Support (ACLS) and Pediatric Advanced Life Support (PALS) or other courses approved by the Office of Emergency Medical Services 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 control commands via radio or other telecommunication devices to an EMS provider. When a medical control physician establishes contact with an EMS provider, the EMS provider shall, solely for the purpose of compliance with the Medical Practice Act [Chapter 17 of Title 24], be considered to be operating under the license of said medical control physician.

(19) “Mobile-integrated healthcare” means an expanded role for a paramedic or other emergency medical services provider that is a coordinated, patient-centered, evidence-based holistic model of care designed to use collaborative, interdisciplinary teams to serve patient needs at the most appropriate level of care at a safe location convenient to the patient.

(20) “Mobile-integrated healthcare or community paramedicine medical director” means an individual who is employed to work in a mobile-integrated healthcare or community paramedicine program and who meets the requirements to be a medical control physician or be board certified or eligible in the individual’s medical specialty.

(21) “Mobile resources” means the ability of a paramedic or other emergency medical services provider to connect directly with members of the healthcare team via technology, such as telehealth, that allows for real time discussion of the patient’s healthcare needs and possible visual examination of a specific concern.

(22) “Office” means the Office of Emergency Medical Services, of the Division of Public Health, Department of Health and Social Services.

(23) “Paramedic staff hour” means 1 full hour of a paramedic on duty.

(24) “Police dog” means a dog that has been trained by a supervising K-9 trainer or K-9 trainer and is handled by a police officer handler in the performance of their duties used for law-enforcement purposes or any law-enforcement related activities.

(25) a. “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, and upon arrival at the facility until such care is assumed by the facility’s staff.

b. “Pre-hospital care” does not include the care provided by a paramedic or other emergency medical services provider employed by a mobile-integrated healthcare or community paramedicine program.

(26) “Service and/or training reciprocity agreements” means written agreements negotiated between 2 counties or between a county and an adjoining state or a governmental entity of an adjoining state and approved pursuant to the provisions of this chapter which provide for the scheduled delivery of paramedic services by paramedics to citizens of this State or a neighboring state by personnel certified to render such services by this State or a neighboring state, or such similar agreements as are required by and between the counties of this State, in order to effectively and efficiently deliver paramedic services. Such agreements may also include provisions that provide for the temporary rotation of paramedics or equipment between the counties of this State in order to provide such personnel with proper experience and training opportunities, address seasonal demands, or adequately respond to a disaster or severe emergency incident. All such agreements shall include any financial terms, or other considerations included as part of the agreement.

(27) “State EMS Medical Director” means a physician who is board-certified by the American Board of Emergency Medicine or by the Osteopathic Board of Emergency Medicine and who shall be the chief physician for the statewide emergency medical system and under whose license all EMS providers shall operate for the purpose of delivering the standing orders of the statewide standard treatment protocol.

(28) “Statewide ALS treatment protocol” means written and uniform treatment and care plans for emergency and critical patients statewide that constitute the standing orders of paramedics. The treatment protocol for advanced life support must be approved and signed by the State EMS Medical Director and the Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division. The treatment protocol shall be prepared by the Board of Medical Licensure and Discipline. In preparing and, from time to time, amending the statewide ALS treatment protocol, the Board shall consult with the State EMS Medical Director and the ALS Standards Committee of the Board of Medical Licensure and Discipline.

(29) “Statewide BLS treatment protocol” means written and uniform treatment and care plans for emergency and critical patients statewide that constitute the standing orders of basic life support providers. The treatment protocol shall be prepared by the Board of Medical Licensure and Discipline. The treatment protocol for basic life support must be approved and signed by the State EMS Medical Director, the BLS Medical Director and the Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division. The treatment protocol for basic life support shall be adopted and enacted by the State Fire Prevention Commission. In preparing and, from time to time, amending statewide BLS treatment protocol, the Board shall consult with the EMS Medical Director, the ALS Standards Commission and the State Fire Prevention Commission. The Statewide BLS treatment protocol shall be adopted by June 30, 2000, and in use by all EMS providers by January 1, 2002.

(30) “Team-based, patient-centered delivery model” means a healthcare delivery model that includes multiple levels of providers to meet all of a patient’s needs and to promote wellness.

67 Del. Laws, c. 152, §  6;  70 Del. Laws, c. 147, §  23;  70 Del. Laws, c. 192, §§  3, 8;  70 Del. Laws, c. 341, §  1;  72 Del. Laws, c. 137, §§  7-15;  73 Del. Laws, c. 176, §  6;  73 Del. Laws, c. 368, §  1;  74 Del. Laws, c. 110, §  138;  77 Del. Laws, c. 319, §  1;  78 Del. Laws, c. 310, §§  2, 3;  84 Del. Laws, c. 92, § 5;  84 Del. Laws, c. 165, § 1;  84 Del. Laws, c. 419, §§ 2, 3;  84 Del. Laws, c. 514, §§ 32, 33; 

For purposes of this chapter:

(1) “Administrator” means the program chief of the paramedic services responsible for advanced life support and the administration of this chapter.

(2) “Advanced life support” (ALS) means as defined in § 9702 of this title.

(3) “Basic life support” (BLS) means as defined in § 9702 of this title.

(4) “Board” means the Board of Medical Licensure and Discipline.

(5) “Certification” means original certification as a paramedic by the Board of Medical Licensure and Discipline.

(6) “Community paramedicine” means a form of mobile-integrated healthcare that is a provider-led, patient-centered delivery care model using appropriately-trained paramedics or other emergency medical services providers in an expanded role to render care, facilitate a more efficient delivery of care, and enhance access to community resources that address the social determinants of health.

(7) “County” or “counties” mean, singularly or collectively, to New Castle, Kent, and Sussex Counties of this State.

(8) “County paramedic service” means the paramedic service operated pursuant to this chapter by a county with its own employees or under contract with another governmental entity.

(9) “Criminal history” means a person’s entire criminal history record from the State Bureau of Identification and the person’s entire federal criminal history record maintained by the Federal Bureau of Investigation.

(10) “Decertification” means the cancellation or revocation of the certificate issued by Board of Medical Licensure and Discipline to a paramedic.

(11) “Department” means the Delaware Department of Health and Social Services.

(12) “Emergency medical services (EMS) provider” means individual providers certified by the Delaware State Fire Prevention Commission or the Office of EMS, or emergency medical dispatchers certified by the National Academy of Emergency Medical Dispatch.

(13) “Emergency medical services (EMS) provider agency” means a provider agency certified by the Delaware State Fire Prevention Commission or the Office of EMS, or an emergency medical dispatch center under contract with the Department of Safety and Homeland Security.

(14) “Emergency medical unit” means an ambulance, rescue vehicle, or any other specialized vehicle staffed by EMS providers and other certified or licensed medical care providers, and utilized solely for providing mobile pre-hospital care and other emergency medical treatment.

(15) “Handler” means the police officer who is the handler of a police dog receiving emergency medical services under this chapter.

(16) “Medical command facility” means the distinct unit within a hospital which meets the operational, staffing, and equipment requirements established by the Division of Public Health for providing medical control to the EMS providers. Any hospital that operates an emergency medical facility and desires to be designated as a medical command facility shall maintain and staff the facility on its premises and at its own expense with the exception of base station communication devices which shall be an authorized shared expense pursuant to the provisions of this chapter.

(17) “Medical control” means an order or directive given to an EMS provider by an authorized medical control physician. These orders or directives shall normally be provided from a specifically authorized and designated medical command facility with such medical supervision supplying professional support to the EMS provider through radio or telephonic communication for on-scene and in-transit basic and advanced life support services.

(18) “Medical control physician” means any physician certified by the American Board of Emergency Medicine or the American Board of Osteopathic Emergency Medicine, or their successors, or a physician certified in Advanced Trauma Life Support (ATLS), Advanced Cardiac Life Support (ACLS) and Pediatric Advanced Life Support (PALS) or other courses approved by the Office of Emergency Medical Services 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 control commands via radio or other telecommunication devices to an EMS provider. When a medical control physician establishes contact with an EMS provider, the EMS provider shall, solely for the purpose of compliance with the Medical Practice Act [Chapter 17 of Title 24], be considered to be operating under the license of said medical control physician.

(19) “Mobile-integrated healthcare” means an expanded role for a paramedic or other emergency medical services provider that is a coordinated, patient-centered, evidence-based holistic model of care designed to use collaborative, interdisciplinary teams to serve patient needs at the most appropriate level of care at a safe location convenient to the patient.

(20) “Mobile-integrated healthcare or community paramedicine medical director” means an individual who is employed to work in a mobile-integrated healthcare or community paramedicine program and who meets the requirements to be a medical control physician or be board certified or eligible in the individual’s medical specialty.

(21) “Mobile resources” means the ability of a paramedic or other emergency medical services provider to connect directly with members of the healthcare team via technology, such as telehealth, that allows for real time discussion of the patient’s healthcare needs and possible visual examination of a specific concern.

(22) “Office” means the Office of Emergency Medical Services, of the Division of Public Health, Department of Health and Social Services.

(23) “Paramedic staff hour” means 1 full hour of a paramedic on duty.

(24) “Police dog” means a dog that has been trained by a supervising K-9 trainer or K-9 trainer and is handled by a police officer handler in the performance of their duties used for law-enforcement purposes or any law-enforcement related activities.

(25) a. “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, and upon arrival at the facility until such care is assumed by the facility’s staff.

b. “Pre-hospital care” does not include the care provided by a paramedic or other emergency medical services provider employed by a mobile-integrated healthcare or community paramedicine program.

(26) “Service and/or training reciprocity agreements” means written agreements negotiated between 2 counties or between a county and an adjoining state or a governmental entity of an adjoining state and approved pursuant to the provisions of this chapter which provide for the scheduled delivery of paramedic services by paramedics to citizens of this State or a neighboring state by personnel certified to render such services by this State or a neighboring state, or such similar agreements as are required by and between the counties of this State, in order to effectively and efficiently deliver paramedic services. Such agreements may also include provisions that provide for the temporary rotation of paramedics or equipment between the counties of this State in order to provide such personnel with proper experience and training opportunities, address seasonal demands, or adequately respond to a disaster or severe emergency incident. All such agreements shall include any financial terms, or other considerations included as part of the agreement.

(27) “State EMS Medical Director” means a physician who is board-certified by the American Board of Emergency Medicine or by the Osteopathic Board of Emergency Medicine and who shall be the chief physician for the statewide emergency medical system and under whose license all EMS providers shall operate for the purpose of delivering the standing orders of the statewide standard treatment protocol.

(28) “Statewide ALS treatment protocol” means written and uniform treatment and care plans for emergency and critical patients statewide that constitute the standing orders of paramedics. The treatment protocol for advanced life support must be approved and signed by the State EMS Medical Director and the Director of the Division of Public Health, Department of Health and Social Services. The treatment protocol shall be prepared by the Board of Medical Licensure and Discipline. In preparing and, from time to time, amending the statewide ALS treatment protocol, the Board shall consult with the State EMS Medical Director and the ALS Standards Committee of the Board of Medical Licensure and Discipline.

(29) “Statewide BLS treatment protocol” means written and uniform treatment and care plans for emergency and critical patients statewide that constitute the standing orders of basic life support providers. The treatment protocol shall be prepared by the Board of Medical Licensure and Discipline. The treatment protocol for basic life support must be approved and signed by the State EMS Medical Director, the BLS Medical Director and the Director of the Division of Public Health, Department of Health and Social Services. The treatment protocol for basic life support shall be adopted and enacted by the State Fire Prevention Commission. In preparing and, from time to time, amending statewide BLS treatment protocol, the Board shall consult with the EMS Medical Director, the ALS Standards Commission and the State Fire Prevention Commission. The Statewide BLS treatment protocol shall be adopted by June 30, 2000, and in use by all EMS providers by January 1, 2002.

(30) “Team-based, patient-centered delivery model” means a healthcare delivery model that includes multiple levels of providers to meet all of a patient’s needs and to promote wellness.

67 Del. Laws, c. 152, §  6;  70 Del. Laws, c. 147, §  23;  70 Del. Laws, c. 192, §§  3, 8;  70 Del. Laws, c. 341, §  1;  72 Del. Laws, c. 137, §§  7-15;  73 Del. Laws, c. 176, §  6;  73 Del. Laws, c. 368, §  1;  74 Del. Laws, c. 110, §  138;  77 Del. Laws, c. 319, §  1;  78 Del. Laws, c. 310, §§  2, 3;  84 Del. Laws, c. 92, § 5;  84 Del. Laws, c. 165, § 1;  84 Del. Laws, c. 419, §§ 2, 3;  84 Del. Laws, c. 514, §§ 32, 33;  84 Del. Laws, c. 92, § 9; 

(a) Except for those activities and responsibilities for basic life support and other emergency services which are under the jurisdiction of the State Fire Prevention Commission, the Office shall have jurisdiction over the development, implementation and maintenance of a statewide paramedic system. As part of its responsibilities, the Office shall:

(1) Hire an administrator and staff to carry out the intent of this legislation, which shall include identifying the minimum number of paramedics that are required to be hired by a county so as to achieve advanced life support coverage throughout the State;

(2) Advise in the development of standards for the selection of students to the didactic, clinical, and field training portion of paramedic advanced training.

(3) Assure reasonable conditions and qualifications for certification of any person serving as a paramedic that meets or exceeds the advance life support standard of the United States Department of Transportation;

(4) Assure that county boundaries do not become barriers to the effective and efficient deployment of paramedic units by coordinating the development of and approving service and/or training reciprocity agreements between counties;

(5) Approve or deny the request of a hospital to become designated as a medical command facility. Such approval, denial or subsequent revocation or limitation of such designation shall be based on the ability of the hospital to comply with the operational and staffing requirements prescribed for medical command facilities by the Division of Public Health. In making decisions pursuant to this paragraph, the Office shall seek the advice of the Board of Medical Licensure and Discipline;

(6) Assure that training and continuing education opportunities required for paramedic certification are reasonably accessible from a geographic standpoint.

(b) A “memorandum of agreement” shall be established between the Office of Emergency Medical Services, of the Division of Public Health, Delaware State Police, State Fire Prevention Commission, Board of Medical Licensure and Discipline and any other agency serving as a component to the emergency medical services system in compliance with their respective agency’s statutory provisions. To foster continuity and program coordination, the Office shall enforce each such memorandum of agreement.

(c) In order to provide statewide paramedic services, the counties shall provide the following minimum number of paramedic staff hours: 122,640 paramedic staff hours per year for New Castle County; 52,560 paramedic staff hours per year for Kent County; and 87,600 paramedic staff hours per year for Sussex County. The Secretary of the Department of Health and Social Services shall have the authority, subject to appropriation, to increase the minimum number of paramedic staff hours to ensure the efficient and effective operation of the statewide paramedic services program. At any time after enactment into law, following submission of an application by New Castle County subject to approval by the Secretary of the Department of Health and Social Services, the paramedic staff hours for New Castle County shall increase by 17,520 paramedic staff hours per year until January 1, 2001, at which time it shall increase by an additional 17,520 paramedic staff hours.

(d) Each operating paramedic unit should be continuously staffed by 2 paramedics. Notwithstanding this requirement, the Board of Medical Licensure and Discipline, following review and approval by the State EMS Medical Director and ALS Standards Committee, shall have the authority to grant approval to the county paramedic services to conduct pilot programs utilizing other staff configurations including but not limited to the number and type of staff on each operating ALS unit.

67 Del. Laws, c. 152, §  6;  70 Del. Laws, c. 147, §  24;  70 Del. Laws, c. 192, §  4;  71 Del. Laws, c. 300, §§  1, 2;  72 Del. Laws, c. 137, §§  16, 30;  77 Del. Laws, c. 319, §  1; 

Repealed by 72 Del. Laws, c. 137, § 3, effective July 12, 1999.

The Paramedic Administrator shall be employed within the Office of Emergency Medical Services responsible directly to the Director of the Office of Emergency Medical Services. The Paramedic Administrator shall be a state employee within the Merit System and shall be responsible for the following:

(1) Hiring sufficient personnel to provide staff and clerical support for the office;

(2) Verifying certification from the Board for each paramedic employed by a county or its subcontractor;

(3) Administering and coordinating all activities of the program including periodic inspections;

(4) Developing appropriate uniforms as required;

(5) Developing and negotiating contracts with county paramedic services;

(6) Developing annual budgets;

(7) Procuring the necessary equipment to carry out the requirements of this legislation and following the current state bidding and procurement policies for equipment; i.e., vehicles, communication equipment, medical equipment and uniforms as required;

(8) Develop rules governing the operation of programs that provide paramedical instruction to ensure compliance with the ALS Standards of the Board of Medical Licensure and Discipline.

(9) Providing reports of activities as required by the Director of the Office of Emergency Medical Services; and

(10) Monitoring paramedic staff hours in each county.

(11) Have the authority to suspend a paramedic from patient treatment or to permit limited practice for the duration of an investigation of the paramedic by the Division of Professional Regulation.

67 Del. Laws, c. 152, §  6;  70 Del. Laws, c. 192, §§  5, 6;  71 Del. Laws, c. 300, §  3;  72 Del. Laws, c. 137, §  17;  73 Del. Laws, c. 368, §  2;  77 Del. Laws, c. 319, §  1; 

(a) There shall be 5 part time EMS Medical Directors: 1 State EMS Medical Director, 3 county EMS medical directors and 1 Basic Life Support EMS Director. Each county EMS medical director shall practice emergency medicine in the county in which the county director serves as a director, unless otherwise approved by the Office of Emergency Medical Services. The State EMS Medical Director shall supervise all EMS Medical Directors. The Basic Life Support EMS Medical Director shall serve as an advisor for basic life support to the State Fire Prevention Commission. An EMS Medical Director shall be available at all times to advise supervising physicians, EMS providers and EMS provider agencies.

(b) As part of their responsibilities, the EMS medical directors shall:

(1) Provide medical oversight and prospective, concurrent and retrospective medical quality control of advanced life support, basic life support and emergency medical dispatch;

(2) Establish and ensure compliance with standing orders and treatment protocols;

(3) Provide review and evaluate the medical interventions of the EMS providers;

(4) Coordinate with and advise the Office of EMS, State Fire Prevention Commission and provider agencies of any deficiencies within the system with suggested remedies;

(5) Monitor the EMS providers for skill degradation and recommend appropriate remedies to the Office of EMS, the State Fire Prevention Commission and the provider agencies;

(6) Offer technical assistance to all EMS providers and assist in the provision of patient care while functioning as an EMS Medical Director; and

(7) Have authority to suspend EMS providers immediately from patient treatment for a period not to exceed 30 days, if they determine that it is necessary in order to prevent a clear and immediate danger to the public health.

(c) Each EMS medical director shall be employed by the State, by contract or otherwise, and shall be a board certified emergency physician actually involved in the practice of emergency medicine.

(d) The EMS medical directors shall be appointed by the Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, who shall consult with the Board of Medical Licensure and Discipline as part of the selection process.

67 Del. Laws, c. 152, §  6;  70 Del. Laws, c. 192, §  9;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 341, §  2;  71 Del. Laws, c. 300, §  4;  72 Del. Laws, c. 137, §  19;  73 Del. Laws, c. 368, §  3;  74 Del. Laws, c. 101, §§  1-4;  77 Del. Laws, c. 319, §  1;  84 Del. Laws, c. 92, § 5; 

(a) There shall be 5 part time EMS Medical Directors: 1 State EMS Medical Director, 3 county EMS medical directors and 1 Basic Life Support EMS Director. Each county EMS medical director shall practice emergency medicine in the county in which the county director serves as a director, unless otherwise approved by the Office of Emergency Medical Services. The State EMS Medical Director shall supervise all EMS Medical Directors. The Basic Life Support EMS Medical Director shall serve as an advisor for basic life support to the State Fire Prevention Commission. An EMS Medical Director shall be available at all times to advise supervising physicians, EMS providers and EMS provider agencies.

(b) As part of their responsibilities, the EMS medical directors shall:

(1) Provide medical oversight and prospective, concurrent and retrospective medical quality control of advanced life support, basic life support and emergency medical dispatch;

(2) Establish and ensure compliance with standing orders and treatment protocols;

(3) Provide review and evaluate the medical interventions of the EMS providers;

(4) Coordinate with and advise the Office of EMS, State Fire Prevention Commission and provider agencies of any deficiencies within the system with suggested remedies;

(5) Monitor the EMS providers for skill degradation and recommend appropriate remedies to the Office of EMS, the State Fire Prevention Commission and the provider agencies;

(6) Offer technical assistance to all EMS providers and assist in the provision of patient care while functioning as an EMS Medical Director; and

(7) Have authority to suspend EMS providers immediately from patient treatment for a period not to exceed 30 days, if they determine that it is necessary in order to prevent a clear and immediate danger to the public health.

(c) Each EMS medical director shall be employed by the State, by contract or otherwise, and shall be a board certified emergency physician actually involved in the practice of emergency medicine.

(d) The EMS medical directors shall be appointed by the Director of the Division of Public Health who shall consult with the Board of Medical Licensure and Discipline as part of the selection process.

67 Del. Laws, c. 152, §  6;  70 Del. Laws, c. 192, §  9;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 341, §  2;  71 Del. Laws, c. 300, §  4;  72 Del. Laws, c. 137, §  19;  73 Del. Laws, c. 368, §  3;  74 Del. Laws, c. 101, §§  1-4;  77 Del. Laws, c. 319, §  1;  84 Del. Laws, c. 92, § 5;  84 Del. Laws, c. 92, § 9; 

(a) A paramedic may provide such paramedic services as are set forth in the paramedic’s certificate if such services are provided under the supervision of a physician, or in any context where voice contact by radio or telephone is monitored by a physician; and such paramedic may provide advanced life support where authorized to do so by a physician.

(b) If direct voice communication between a physician and a paramedic fails or is technically impossible, the paramedic may perform any emergency medical service for which the paramedic is certified, in compliance with treatment protocols set forth by the Board, when the life of the patient is in immediate danger and requires such care for its preservation.

67 Del. Laws, c. 152, §  6;  70 Del. Laws, c. 186, §  1; 

(a) Each county shall participate in the operation and funding of the statewide paramedic services program, and shall provide the Office with all necessary information requested by the Secretary of the Department of Health and Social Services in the time frames and in the format prescribed.

(b) Any paramedic employed by a county or its subcontractor must be certified by the Administrator and the State Paramedic Medical Director in accordance with the standards of the Board. Direct initial training costs shall be paid partially at state expense, based on the results of an annual needs assessment conducted by the Office.

(c) The counties shall be bound by the rules, regulations, requirements and procedures established pursuant to this chapter.

(d) The authority to select, discipline and terminate a paramedic or any administrative staff authorized as a shared expense shall reside with the county or its subcontractor, except that suspension or revocation of a paramedic certification for reasons covered by § 9811 of this title shall be conducted in accordance with this chapter.

(e) A county may choose to operate its own paramedic service using regular county employees entirely, or it may contract portions of its service to other governmental entities.

(f) If a county elects in the design of its paramedic service to exceed the training standards, minimum number of paramedic staff hours, or otherwise exceed the requirements established in accordance with this chapter, the county shall be 100% liable for any additional cost. At a minimum, a county shall deploy the number of paramedics and paramedic units determined to be necessary to meet the operational requirements of this chapter.

67 Del. Laws, c. 152, §  6;  71 Del. Laws, c. 300, §  5;  72 Del. Laws, c. 137, §§  29, 31;  77 Del. Laws, c. 84, §  178;  78 Del. Laws, c. 310, §  4; 

(a) No individual shall represent that individual’s own self as a paramedic certified by this State unless the person so represented is in fact certified by the Board.

(b) No person nor governmental agency shall represent itself as a paramedic service, emergency medical service, or similar type of service certified by this State unless such person or governmental agency is in fact certified by the Department.

(c) No person shall provide, offer nor advertise to provide advanced life support services outside a hospital, unless so authorized by law.

(d) Notwithstanding any other provision of this chapter, any paramedic who has been certified by the Board of Medical Licensure and Discipline prior to the effective date of this chapter shall automatically be certified under this chapter, and shall be deemed to have complied with all the requirements of this chapter.

(e) Pending formal approval of paramedic certification by the Board, the executive director of the Board may issue a temporary certification to a paramedic whose application establishes to the satisfaction of the executive director that the applicant has met all requirements and standards for certification. Such temporary certification shall be valid for not greater than 90 days.

67 Del. Laws, c. 152, §  6;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 369, §  1;  73 Del. Laws, c. 368, §  4;  77 Del. Laws, c. 319, §  1; 

(a) A person seeking certification as a paramedic shall apply to the Board using forms prescribed by the Board and shall submit to the State Office of Emergency Medical Services necessary information in order to obtain the following:

(1) A report of the individual’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Bureau of Identification Central Repository contains no such information relating to that person.

(2) A report of the individual’s entire federal criminal history record from the Federal Bureau of Investigation. The State Bureau of Identification shall be the intermediary for the purposes of this section and the Office shall be the screening point for the receipt of said federal criminal history records.

(b) Upon receipt of necessary information pursuant to subsection (a) of this section, the Office shall acquire and review the state and federal criminal history records for the applicant and may interview the applicant. If the Office determines that the applicant meets the requirements of this section and of its regulations, it shall issue a recommendation to the Board regarding the certification of the applicant in accordance with the provisions of the Medical Practice Act, Chapter 17 of Title 24.

(c) The office must recommend denial of certification to an applicant whose conduct would constitute a crime substantially related to the practice of medicine as set forth in § 1731 of Title 24.

(d) The Board may waive any of the requirements of this section as set forth in § 1720 of Title 24.

(e) Certificates issued pursuant to this section shall be valid for a period as determined by the Board and may be renewed after reconsideration, which may include an interview, if the holder meets the requirements set forth in the regulations of the Board. The Board may decertify any paramedic at any time it determines that the person no longer meets the qualifications prescribed for certification.

(f) Information obtained pursuant to subsection (b) of this section is confidential and shall not be disclosed under any circumstances except:

(1) The State Bureau of Identification may release any subsequent criminal history to the Office of Emergency Medical Services or the Board of Medical Licensure and Discipline when properly requested; and

(2) All information that has been forwarded to the Office pursuant to this section shall be reviewed with the person seeking certification pursuant to this section upon the person’s request.

(g) Costs associated with obtaining criminal history information pursuant to this section from the State Bureau of Identification and the Federal Bureau of Investigation shall be borne by the applicant, except that no applicant who is applying for volunteer membership in a Delaware volunteer EMS company shall be charged any fee or cost for obtaining criminal history information from the State Bureau of Identification associated with the application.

(h) (1) A person seeking certification as a paramedic through the New Castle County paramedic service is exempted from the provisions of subsections (a) and (b) of this section; provided, however, that the criminal history background check and review procedures employed by the New Castle County paramedic service are found to be at least as restrictive as those contained in this section. For the purposes of any criminal history background check or review conducted pursuant to regulations promulgated pursuant to this subsection, the State Bureau of Identification shall be the intermediary and the New Castle County Department of Police Paramedic Service shall be the screening point for the receipt of said federal criminal history records. The New Castle County Department of Police may designate any or all of the other divisions or offices therein as a screening point for the receipt of said federal criminal history records.

(2) A person seeking certification as a paramedic who is presently employed as a law-enforcement officer in this State and who was subject to a review of the person’s own entire criminal history background at the time the person began employment as a law-enforcement officer in this State is exempted from the provisions of subsections (a) and (b) of this section if, at the time of the prior criminal history background check, no items described in paragraph (b)(1) of this section [repealed] appeared as part of the person’s criminal history background.

(i) A person seeking certification pursuant to this section who knowingly provides false, incomplete or inaccurate criminal history information, or who otherwise knowingly violates the provisions of this section, shall be guilty of a class G felony and shall be punished according to Chapter 42 of Title 11.

73 Del. Laws, c. 176, §  7;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 319, §  1;  78 Del. Laws, c. 179, §  248;  78 Del. Laws, c. 310, §  5;  80 Del. Laws, c. 418, §  1;  82 Del. Laws, c. 153, § 1; 

Where a person applies for a certification as a paramedic and has already been licensed or certified as such in another state, the Administrator shall accept a true copy of such license or certificate, or evidence of any examination scores issued by a testing service or professional paramedic association, which shows that the applicant has met requirements in the previous state which are equal to those required in this State; such applicant shall be required to meet such written and practical examinations as determined by the medical directors; and the Board shall certify such person to be a paramedic in the State.

67 Del. Laws, c. 152, §  6; 

(a) The Administrator may at any time upon the Administrator’s own motion; and shall, upon verified written complaint of any person, request an investigation be conducted by the Executive Director of the Board of Medical Licensure and Discipline to determine whether or not there are grounds to recommend suspension, revocation or any other penalty upon a person certified under the provisions of this chapter. The Administrator shall recommend to the Board to suspend or revoke any certificate if after a hearing it is found that the holder thereof has:

(1) Obtained such certificate by means of fraud or deceit;

(2) Demonstrated gross negligence, or has proven otherwise to be grossly incompetent; or

(3) Violated or aided or abetted in the violation of any provision of Chapter 17 of Title 24.

(b) If a paramedic’s physical or mental capacity to safely perform the paramedic’s duties and responsibilities is at issue, the County may order such paramedic to submit to a reasonable physical or mental examination. Failure to comply with this order shall render such paramedic liable to suspension or revocation of the paramedic’s certificate.

(c) Nothing in this subsection shall prohibit a member of the public from filing a complaint directly to the Division of Professional Regulation. Upon receipt of a complaint by the Division of Professional Regulation, the Administrator shall be notified in the interest of public safety.

67 Del. Laws, c. 152, §  6;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 368, §§  5-8;  77 Del. Laws, c. 319, §  1;  80 Del. Laws, c. 418, §  1; 

(a) For purpose of the public health, safety and welfare, and notwithstanding any other statute or provision of law, the Administrator may recommend to a county or the Board that any of the following penalties, singly or in combination, be imposed:

(1) That a letter of reprimand be issued;

(2) That a paramedic be placed on probationary status with limited responsibilities and be required to:

a. Regularly report to the county upon the matters which are the basis of the probation;

b. Limit all paramedical activities to those areas specifically recommended by the Administrator; and/or

c. Take either remedial or continuing education until the required degree of skill has been attained in those areas which are the basis of the probation;

(3) That a paramedic’s certification be suspended; or

(4) That a paramedic’s certification be revoked.

(b) No penalties shall be imposed upon a paramedic’s certification without provisions for a hearing. Hearings shall be established in accordance with the provisions of the Medical Practices Act, Chapter 17 of Title 24.

(c), (d) [Repealed.]

67 Del. Laws, c. 152, §  6;  73 Del. Laws, c. 368, §  9; 

(a) Physician instructions. — No emergency physician or designee of such physician who in good faith gives instructions to a paramedic shall be liable for any civil damages which may occur as the result of issuing such instructions; unless the conduct of the physician or the designee of such physician in issuing such instructions rises to the level of willful and wanton, reckless or grossly negligent conduct.

(b) Paramedics. — (1) No paramedic who in good faith attempts to render or facilitate emergency medical care authorized by this chapter shall be liable for any civil damages which occur as a result of any act or omission of the paramedic in the rendering of such care; unless such paramedic is guilty of wilful and wanton, reckless or grossly negligent conduct.

(2) No paramedic shall be subject to civil liability, based solely upon failure to obtain consent in rendering emergency medical services to any individual, regardless of age, where the person is unable to give consent for any reason, and where there is no other person reasonably available who is legally authorized to give or refuse to give consent, if the paramedic has acted in good faith, without knowledge of facts negating consent, and without any act or omission constituting wilful and wanton or grossly negligent conduct.

(c) Educational programs. — No university, college, medical facility or other entity participating as part of an educational program, nor any faculty member of any such entity, nor any student of such entity who is enrolled in a course of instruction approved by the Administrator, shall be liable for any civil damages as the result of any primary or continuing educational practice conducted under proper supervision, unless such university, college or other entity or faculty member or student is guilty of wilful and wanton, reckless or grossly negligent conduct.

(d) Health facilities. — No health facility which assists a physician in giving instructions to a paramedic in accordance with this chapter shall be liable for any civil damages as the result of such instructions, unless such health facility is guilty of wilful and wanton, reckless or grossly negligent conduct.

67 Del. Laws, c. 152, §  6;  80 Del. Laws, c. 189, §  1; 

(a) The statewide paramedic funding program is hereby established for the purpose of participating with the counties in the financing of the statewide paramedic program.

(b) The operational costs of the minimum paramedic staff hours established for each county in § 9803(c) of this title shall be shared by the State and county with the State providing 30 percent of the cost and the county providing 70 percent beginning in Fiscal Year 2010.

(c) A county will not be eligible for its 30 percent state share until such time as the rules, regulations, procedures, protocols and approvals required by this chapter have been completed or July 1, 1990, whichever is later. The date of approval by the Department of a county program shall be the starting date in terms of eligibility for state share funding. No county programs will be funded retroactively and the Department shall not unreasonably withhold or delay any approval. The Secretary shall not encumber any of the state funds applied for by a county until such county has appropriated its proportional share of funding.

(d) The General Assembly shall appropriate annually an amount sufficient to reimburse 30 percent of approved costs of the statewide paramedic program; this appropriation shall be made in the annual Grants-In-Aid Act and shall be appropriated to the Office of Emergency Medical Services, Division of Public Health, Department of Health and Social Services, which shall serve as the State’s fiscal agent for distributing the funds in accordance with this chapter to counties that operate approved programs. The appropriation in the Grants-In-Aid Act of the state share of the paramedic funding program shall not be subject to the limitation in § 6533(f) of Title 29.

(e) Funds distributed to a county for the purpose of supporting a county component of the statewide paramedic system may be used for direct operating costs or as debt service and financing for bond issuance for that purpose. For those capital projects with a total cost greater than $200,000, the State shall reimburse on a debt service basis. In no instance shall reimbursement include the cost of indirect services provided by the county.

(f) The Office shall promulgate regulations for the distribution of the funds appropriated pursuant to this chapter to the counties that provide for reimbursement on a quarterly basis.

(g) Funds appropriated pursuant to this section may not be used to fund basic life support services. To the extent that a county or its subcontractor operates integrated advanced and basic life support services, the Office shall devise a methodology to separate costs and shall provide reimbursement accordingly.

(h) The Office shall report on the applications, expenditures, and uses of the statewide paramedic funding program annually as part of the budgetary process of the Department.

(i) The Delaware Paramedic Budget Review package shall be submitted by the counties to the Paramedic Administrator by September 1 of each year. Such request shall include, but not be limited to, a detailed plan of expenditure for each county’s approved paramedic program for the subsequent fiscal year. The Paramedic Administrator shall forward copies of the counties’ requests, along with the Department’s funding recommendation to the Director of the Office of Management and Budget and the Office of the Controller General by November 1.

(j) The Office shall distribute, by contract or otherwise, all state funds used for paramedic training programs.

67 Del. Laws, c. 153, §  1;  68 Del. Laws, c. 290, §  124;  68 Del. Laws, c. 292, §  19;  69 Del. Laws, c. 64, §  144;  70 Del. Laws, c. 192, §  10;  71 Del. Laws, c. 169, §  21;  71 Del. Laws, c. 300, §  6;  72 Del. Laws, c. 137, §  18;  74 Del. Laws, c. 111, §  31;  74 Del. Laws, c. 309, §§  28-30;  75 Del. Laws, c. 88, §  21(8);  75 Del. Laws, c. 352, §  29(a);  76 Del. Laws, c. 281, §  29;  79 Del. Laws, c. 293, §  34; 

(a) The Department of Health and Social Services, in collaboration with the Delaware State Fire Commission and the Division of Professional Regulations, shall promulgate regulations for implementation of the REPLICA Compact, Chapter 98A of this title.

(b) The Division of Public Health, the State Fire Commission, and the Division of Professional Regulations shall enter into a memorandum of understanding to identify roles and responsibilities of the partnering agencies under the REPLICA Compact, Chapter 98A of this title.

81 Del. Laws, c. 178, §  3; 

(a) A paramedic or other EMS provider may provide emergency medical services to an injured police dog at the scene of an emergency that has resulted in the police dog’s injury.

(b) A paramedic or other EMS provider may transport the police dog to a designated veterinary facility and provide emergency medical services to the police dog during transport to the facility, if the paramedic or EMS provider deem it necessary for the police dog’s survival. The handler, if available, must be present during the provision of emergency medical services and transport to the veterinary facility.

(c) A paramedic or other EMS provider who in good faith attempts to render or facilitate emergency medical services to an injured police dog is not liable for civil damages which occur as a result of any act or omission by the paramedic or EMS provider in the rendering of the services; unless it is established that the paramedic or EMS provider caused injuries or death wilfully, wantonly, or recklessly or by gross negligence.

(d) A paramedic or other EMS provider may not provide emergency medical services to a police dog if their services are needed concurrently to provide services to an individual, and the care of the police dog would hinder the care of the individual.

84 Del. Laws, c. 165, § 2; 

(a) An organization licensed as or actively seeking licensure as an emergency medical services provider agency may apply to the Office to establish a mobile-integrated healthcare or community paramedicine program.

(b) The Office shall review an application filed under subsection (a) of this section and make a recommendation on the application to the Director of the Division of Public Health.

(c) The Director of the Division of Public Health shall approve an application filed under subsection (a) of this section if the application meets the requirements of this section.

(d) The Office shall establish standards, approved by the Board of Medical Licensure and Discipline, for the establishment and operation of a mobile-integrated healthcare or community paramedicine program.

(e) On filing of an application under subsection (a) of this section, an organization must be licensed as or actively seeking licensure as an emergency medical services provider agency.

(f) (1) A mobile-integrated healthcare or community paramedicine program must have a mobile-integrated healthcare or community paramedicine medical director and a mobile-integrated healthcare or community paramedicine program coordinator.

(2) A mobile-integrated healthcare or community paramedicine medical director has the responsibilities of an EMS medical director under § 9806(b) of this title.

(g) An individual employed to work in a mobile-integrated healthcare or community paramedicine program shall meet the requirements for certification or licensure imposed by this State and the organization employing the individual.

(1) A mobile-integrated healthcare or community paramedicine program may include physicians, nurse practitioners, advanced practice registered nurse, registered nurses, licensed practical nurses, physician assistants, physical or occupational therapists, mental health providers, paramedics, or other emergency medical services providers.

(2) A paramedic or other emergency medical services provider providing care through a mobile-integrated healthcare or community paramedicine program is subject to discipline as provided under § 9811 of this title.

(3) An individual other than a paramedic or other emergency medical services provider providing care through a mobile-integrated healthcare or community paramedicine program is subject to discipline by the body certifying or licensing the individual.

(h) (1) A mobile-integrated healthcare or community paramedicine program must have a structured education program, approved by the Office, which includes didactic and clinical components.

(2) Performance, skills, and continuing education must be documented by an organization’s mobile-integrated healthcare or community paramedicine program for each emergency medical services provider in the organization’s mobile-integrated healthcare or community paramedicine program.

(i) An emergency medical services provider employed to work in a mobile-integrated healthcare or community paramedicine program shall complete the State’s mandatory recertification education for the emergency medical services provider’s specific level of training and any recertification education required by the mobile-integrated healthcare or community paramedicine program.

(j) An organization shall develop protocols for the organization’s mobile-integrated healthcare or community paramedicine program specific to the program’s community healthcare needs.

(k) (1) An organization’s mobile-integrated healthcare or community paramedicine program may not exceed the scope of practice of an emergency medical services provider without the approval of the Office and Director of the Division of Public Health.

(2) A request to expand the scope of practice of an emergency medical services provider must be approved by the Office and the Director of the Division of Public Health, with input from the Board of Medical Licensure and Discipline.

(l) (1) Section 9813 of this title does not apply to a paramedic’s provision of care through a mobile-integrated healthcare or community paramedicine program.

(2) An organization shall ensure the appropriate liability protection for a paramedic providing care through a mobile-integrated healthcare or community paramedicine program.

(m) The Office may adopt regulations to administer, enforce, and implement this section.

84 Del. Laws, c. 419, § 4;