Section 1.
Amend §122(3), Title 16 of the Delaware Code by adding a new paragraph
(y) as follows:
“(y) Establish standards with respect to safety and
sanitary conditions of any facility defined in subparagraph 3.C. and
investigate and inspect any such facility for unsafe or unsanitary conditions
upon receipt of a complaint by a patient in accordance with this paragraph, or
upon the occurrence of any adverse event in connection with any such facility. The Department may share information
hereunder with the Department of State, Division of Professional Regulation in
accordance with applicable law.
1. The Department may make and enforce such
orders as it deems necessary to protect the health and safety of the public
hereunder. Without limitation of the
foregoing, if the Department determines during the course of any investigation
or inspection that any facility hereunder poses a substantial risk to the
health or safety of any person, the Department may order that such facility be
closed until such time as it no longer poses a substantial risk.
2. No later than December 31,
2011, the Department shall adopt regulations to strengthen the oversight of
facilities hereunder. Such regulations
may include procedures for the independent or outside accreditation of such
facilities.
3. For purposes of this paragraph:
A. ‘Adverse event’ means (i) the
death or serious injury of any patient at a facility; (ii) a reasonable
determination by the Department that death or serious injury may result from
any unsafe or unsanitary condition at a facility; or (iii) the initiation of
any criminal investigation arising out of or relating to any diagnosis,
treatment or other medical care at a facility.
B. ‘Complaint’ means a complaint filed by a
patient in writing, in such format as the Department shall require, within 60
days of diagnosis, treatment or other medical care at any facility hereunder.
C. ‘Facility’ means a location at
which any invasive medical procedure is performed, but shall not include any
hospital, as defined in 16 Del.C.
§1001(2), or any freestanding birthing center, freestanding surgical center or
freestanding emergency center, as such terms are defined in paragraph (p)
hereunder.
D. ‘Invasive medical procedure’
means any medical procedure in which anesthesia or sedation is or should be
used. Without limitation of the
foregoing, the term ‘medical procedure’ shall include dental, podiatric,
chiropractic and similar procedures.
E. ‘Patient’ means a person who
has received diagnosis, treatment or other medical care at a facility
hereunder, as well as any parent, legal guardian or legal custodian of such
person who is under eighteen years of age or any legal guardian or legal
custodian of such person who is an adult.”.
Section
2. Amend §1731(b)(21), Title 24 of the
Delaware Code by striking the word “and” as it appears at the end of paragraph
(21).
Section
3. Amend §1731(b)(22), Title 24 of the
Delaware Code by striking the period (“.”) at the end of paragraph (22) and
substituting in lieu thereof the language “; and”.
Section
4. Amend §1731(b), Title 24 of the
Delaware Code by adding a new paragraph (23) as follows:
“(23) Maintaining a facility in which any
invasive medical procedure is performed in an unsanitary or unsafe
condition. For purposes of this chapter,
‘invasive medical procedure’ means any medical procedure in which anesthesia or
sedation is or should be used. As used
herein, ‘facility’ shall have the same meaning as defined in §122(3)(y)3.C. of
Title 16.”.
Section
5. Amend §1731, Title 24 of the Delaware
Code by adding a new subsection (g) as follows:
“(g) The
Division shall have the authority to conduct inspections upon receipt of any
complaint in connection with subsection (b)(23) and, as applicable, refer such
complaint to the Department of Health and Social Services pursuant to 16 Del. C. §122(3)(y). In connection herewith, the Division may
share information with the Department of Health and Social Services in
accordance with applicable law.”
