|
SPONSOR: |
Sen. Henry & Rep. Barbieri |
|
Sens.
Bushweller, Ennis |
|
DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
|
SENATE BILL NO. 114 |
|
AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING PROFESSIONS AND OCCUPATIONS ESTABLISHING CHAPERONE REQUIREMENTS FOR THE TREATMENT AND EXAMINATION OF MINORS. |
Section 1. Amend Chapter 5, Title
24 of the Delaware Code by making deletions as shown by strikethrough and
insertions as shown by underlining as follows:
§ 522 Treatment or
examination of minors.
(a) A parent, guardian or
other caretaker, or an adult staff member, shall be present when a person
licensed under this chapter provides outpatient treatment to a minor patient
who is disrobed or partially disrobed during an outpatient physical examination
regardless of sex of the licensed person and patient, except when rendering
care during an emergency. When using an adult staff member to observe the
treatment or examination, the adult staff member shall be of the same gender as
the patient when practicable. The minor patient may decline the presence of a
third person only with consent of a parent, guardian or other caretaker. The
minor patient may request private consultation with the licensee without the
presence of a third person after the physical examination.
(b) When a minor patient is
to be disrobed, or partially disrobed during a physical examination, a person
licensed under this chapter shall provide notice to the person providing
consent to treatment of the rights under this section. The notice shall be
provided in written form or be conspicuously posted in a manner in which minor
patients and their parent, guardian or other caretaker are made aware of the
notice. In circumstances in which the posting or the provision to the patient
of the written notice would not convey the right to have a chaperone present,
the person licensed shall use another means to ensure that the patient or
person understands the right under this section.
(c) For the purposes of this
section, "minor" is defined as a person 15 years of age or younger,
and "adult staff member" is defined as a person 18 years of age or
older who acting under the direction of the licensed person or the employer of
the licensed person or who is otherwise licensed under this chapter.
(d) The person licensed under
this chapter that provides outpatient treatment to a minor pursuant to this
section shall, contemporaneously with such treatment, note in the child's
medical record the name of each person present when such treatment is being
provided.
Section 2. Amend Chapter 7, Title
24 of the Delaware Code by making deletions as shown by strikethrough and
insertions as shown by underlining as follows:
§ 720 Treatment or
examination of minors.
(a) A parent, guardian or
other caretaker, or an adult staff member, shall be present when a person
licensed under this chapter provides outpatient treatment to a minor patient
who is disrobed or partially disrobed or during an outpatient physical
examination involving the breasts, genitalia or rectum, regardless of sex of the
licensed person and patient, except when rendering care during an emergency.
When using an adult staff member to observe the treatment or examination, the
adult staff member shall be of the same gender as the patient when practicable.
The minor patient may decline the presence of a third person only with consent
of a parent, guardian or other caretaker. The minor patient may request private
consultation with the licensee without the presence of a third person after the
physical examination.
(b) When a minor patient is
to be disrobed, partially disrobed or will undergo a physical examination
involving the breasts, genitalia or rectum, a person licensed under this
chapter shall provide notice to the person providing consent to treatment of
the rights under this section. The notice shall be provided in written form or
be conspicuously posted in a manner in which minor patients and their parent,
guardian or other caretaker are made aware of the notice. In circumstances in
which the posting or the provision to the patient of the written notice would
not convey the right to have a chaperone present, the person licensed shall use
another means to ensure that the patient or person understands the right under
this section.
(c) For the purposes of this
section, "minor" is defined as a person 15 years of age or younger,
and "adult staff member" is defined as a person 18 years of age or
older who acting under the direction of the licensed person or the employer of
the licensed person or who is otherwise licensed under this chapter.
(d) The person licensed under
this chapter that provides outpatient treatment to a minor pursuant to this
section shall, contemporaneously with such treatment, note in the child's
medical record the name of each person present when such treatment is being
provided.
Section 3. Amend Chapter 7, Title
24 of the Delaware Code by making deletions as shown by strikethrough and
insertions as shown by underlining as follows:
§ 710 Reciprocity.
(c) Notwithstanding the provisions of paragraph (b)(1), (2), or (3) of
this section, if the applicant has successfully passed those examinations that
were available at the time of the applicant's graduation from a Board-approved
school of chiropractic and application for original licensure, the Board shall
accept proof of successful completion of those examinations in lieu of the
provisions of paragraph (b)(1), (2), or (3) of this section. If no examinations were available at the
time of the applicant’s graduation from a Board approved school of chiropractic,
the Board shall accept proof of active practice in another jurisdiction for the
past five years in lieu of the provisions of paragraph (b)(1), (2), or (3) of
this section.
Section 4. Amend Chapter 11, Title
24 of the Delaware Code by making deletions as shown by strikethrough and
insertions as shown by underlining as follows:
§ 1131B. Treatment or Examination of Minors.
(a) A parent, legal guardian or other caretaker, or adult staff member,
shall be present when a person licensed or certified to practice dentistry or
dental hygiene under this chapter provides
services to a minor, regardless of the sex of the licensed or certified
person and minor or whenever a door to the treatment room is required to be
closed or any time the minor is
sedated.
(b) When a minor is to receive services, the person licensed or certified
to practice dentistry or dental hygiene under this chapter shall provide notice
to the parent, legal guardian or other caretaker of the rights under section
(a). The notice shall be provided in written form and shall be posted
conspicuously in the location where services will be provided.
(c)
For the purposes of this section, "minor" is defined as a person 15
years of age or younger, "adult staff member" is defined as a person
18 years of age or older who acting under the direction of the licensed person
or the employer of the licensed person or who is otherwise licensed under this
chapter.
(d)
The person licensed under this chapter that provides treatment to a minor
pursuant to this section shall, contemporaneously with such treatment, note in
the patient’s record the name of each person present when such treatment is
being provided.
Section 5. Amend Chapter 19, Title
24 of the Delaware Code by making deletions as shown by strikethrough and
insertions as shown by underlining as follows:
§ 1931 Treatment or
examination of minors.
(a) A parent, guardian or
other caretaker, or an adult staff member, shall be present when a person
licensed under this chapter provides outpatient treatment to a minor patient
who is disrobed or partially disrobed or during an outpatient physical
examination involving the breasts, genitalia or rectum, regardless of sex of
the licensed person and patient, except when rendering care during an emergency.
When using an adult staff member to observe the treatment or examination, the
adult staff member shall be of the same gender as the patient when practicable.
The minor patient may decline the presence of a third person only with consent
of a parent, guardian or other caretaker. The minor patient may request private
consultation with the licensee without the presence of a third person after the
physical examination.
(b) When a minor patient is
to be disrobed, partially disrobed or will undergo a physical examination
involving the breasts, genitalia or rectum, a person licensed under this
chapter shall provide notice to the person providing consent to treatment of
the rights under this section. The notice shall be provided in written form or
be conspicuously posted in a manner in which minor patients and their parent,
guardian or other caretaker are made aware of the notice. In circumstances in
which the posting or the provision to the patient of the written notice would
not convey the right to have a chaperone present, the person licensed shall use
another means to ensure that the patient or person understands the right under
this section.
(c) For the purposes of this
section, "minor" is defined as a person 15 years of age or younger,
and "adult staff member" is defined as a person 18 years of age or
older who acting under the direction of the licensed person or the employer of
the licensed person or who is otherwise licensed under this chapter.
(d) The person licensed under
this chapter that provides outpatient treatment to a minor pursuant to this
section shall, contemporaneously with such treatment, note in the child's
medical record the name of each person present when such treatment is being
provided.
Section 6. Amend Chapter 20, Title 24 of the Delaware Code by making
deletions as shown by strikethrough and insertions as shown by underlining as
follows:
§ 2021 Treatment or
examination of minors.
(a) A parent, guardian
or other caretaker, or an adult staff member, shall be present when a person licensed
to practice occupational therapy under this chapter provides
services, including inpatient, outpatient, home or school treatment, to a minor
patient who is disrobed or partially disrobed during evaluation or treatment
involving, but not limited to, dressing, bathing, or toileting, that exposes
the breasts, genitalia or rectum. When
using an adult staff member to observe the evaluation or treatment, the adult
staff member shall be of the same gender as the patient when practicable. The
minor patient may decline the presence of a third person only with consent of a
parent, guardian or other caretaker. The minor patient may request private
consultation with the person licensed to practice occupational
therapy without the presence of a third person after the initial
evaluation.
(b) When a minor
patient's
evaluation or treatment involves the female breasts, or
female or male genitalia or rectum, a person licensed to practice occupational
therapy under this chapter shall provide notice to the person providing consent
to treatment of the rights under this section. The notice shall be provided in
written form or be conspicuously posted in a manner in which minor patients and
their parent, guardian or other caretaker are made aware of the notice. In
circumstances in which the posting or the provision to the patient of the
written notice would not convey the right to have a chaperone present, the
person licensed to practice occupational therapy shall use another means to ensure
that the patient or person understands the right under this section.
(c) For the purposes of
this section, "minor" is defined as a person 15 years of age or
younger, "adult staff member" is defined as a person 18 years of age
or older who acting under the direction of the licensed person or the employer
of the licensed person or who is otherwise licensed under this chapter.
(d) The person licensed
under this chapter that provides treatment to a minor pursuant to this section
shall, contemporaneously with such treatment, note in the child's record the
name of each person present when such treatment is being provided.
Section 7. Amend Chapter 26, Title 24 of the Delaware Code by making
deletions as shown by strikethrough and insertions as shown by underlining as
follows:
§ 2619 Treatment or
examination of minors.
(a) A parent, guardian
or other caretaker, or an adult staff member, shall be present when a person
licensed to practice physical therapy or athletic training under this
chapter provides treatment to a minor
patient involving the inspection, palpation, or treatment of the
female breasts, or female or male genitalia or rectum, regardless of sex of the
licensed person and patient, except when rendering care during an emergency.
When using an adult staff member to observe the treatment or examination, the
adult staff member shall be of the same gender as the patient when practicable.
The minor patient may decline the presence of a third person only with consent
of a parent, guardian or other caretaker. The minor patient may request private
consultation with the person licensed to practice physical therapy or
athletic training without the presence of a third person
after the physical examination.
(b) When a minor
patient's
evaluation or treatment requires inspection or palpation
involving the female breasts, or female or male genitalia or rectum, a person
licensed to practice physical therapy or athletic training under this chapter
shall provide notice to the person providing consent to treatment of the rights
under this section. The notice shall be provided in written form or be
conspicuously posted in a manner in which minor patients and their parent,
guardian or other caretaker are made aware of the notice. In circumstances in
which the posting or the provision to the patient of the written notice would
not convey the right to have a chaperone present, the person licensed to
practice physical
therapy or athletic training shall use and document another
means to ensure that the patient or person understands the right under this
section.
(c) For the purposes of
this section, "minor" is defined as a person 15 years of age or
younger, "adult staff member" is defined as a person 18 years of age
or older who acting under the direction of the licensed person or the employer
of the licensed person or who is otherwise licensed under this chapter.
(d) The person licensed
under this chapter that provides treatment to a minor pursuant to this section
shall, contemporaneously with such treatment, note in the child's medical
record the name of each person present when such treatment is being provided.
Section 8. Amend Chapter 39, Title
24 of the Delaware Code by making deletions as shown by strikethrough and
insertions as shown by underlining as follows:
§ 3920 Treatment of minors.
(a) A parent or legal
guardian has the right to be present when a person licensed to practice
clinical social work under this chapter provides treatment to a minor patient.
Prior to the first treatment session with the minor, the licensed clinical
social worker shall provide the parent or legal guardian with written notice of
the right to be present during treatment sessions. If the parent or legal guardian declines to
be present during treatment, and authorizes one on one sessions, such
authorization shall be in writing. The
written authorization shall be maintained in the minor patient’s file.
(b) For the purposes of this
section, "minor" is defined as a person 18 years of age or younger.
Section 9. Amend Chapter 53, Title
24 of the Delaware Code by making deletions as shown by strikethrough and
insertions as shown by underlining as follows:
§ 5318 Practice of massage
and bodywork on minors.
(a) A parent or legal
guardian shall be present when a person licensed or certified to practice
massage and bodywork under this chapter provides services to a minor,
regardless of the sex of the licensed or certified person and minor. The minor
may decline the presence of a parent or legal guardian only with the written
consent of the parent or legal guardian. The licensed or certified person shall
confirm the identity of the parent or legal guardian, as provided in the
Board’s rules and regulations.
(b) When a minor is to
receive services, the person licensed or certified to practice massage and
bodywork under this chapter shall provide notice to the parent or legal
guardian of the rights under section (a). The notice shall be provided in
written form and shall be posted conspicuously in the location where services
will be provided. The specific
requirements for notice shall be set forth in the Board’s rules and
regulations.
(c) For the purposes of this section, "minor" is defined as a person less than 18 years of age.
SYNOPSIS
|
Sections 1, 2, and 4 through 9 add chaperone requirements for the designated healthcare professionals of podiatry, chiropractic, dentistry and dental hygiene, nursing, occupational therapy, physical therapy/athletic training, social work and massage and bodywork, who treat minors consistent with the provisions added to the Medical Practice Act with practice specific modifications where appropriate. Section 3 of the bill enables licensure by reciprocity for chiropractors who were licensed prior to an examination requirement upon demonstrating active practice for 5 years in another jurisdiction. |
Author: Senator Henry