Bill Text: DE SB275 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 24 Of The Delaware Code Relating To Health Care Practices.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-07-30 - Signed by Governor [SB275 Detail]
Download: Delaware-2009-SB275-Draft.html
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SPONSOR: |
Sen. Marshall & Sen. Simpson;Rep. Keeley & Rep. Briggs King; |
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Sens. Booth, Bushweller, Ennis & Henry, Reps. Hocker, Hudson, Q. Johnson & Kovach |
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DELAWARE STATE SENATE 145th GENERAL ASSEMBLY |
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SENATE BILL NO. 275 |
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AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO HEALTH CARE PRACTICES. |
Section 1.Amend Title 24, Delaware Code by adding a new Section 1799F to read as follows:
"§1799F Health Care Facilities Reporting Requirements.
(a) Definitions.
(1) ‘Direct Access' means the opportunity to have personal contact with persons receiving care during the course of one's assigned or professional duties.
(2) ‘Health Care Facility' means any custodial or residential facility where health, nutritional or personal care is provided for persons including nursing homes, hospitals, health care agencies, and adult day care facilities.This term also includes any business, professional association, or other business entity where two or more physicians practice together.
(3)‘Person seeking certification' means any person seeking either an initial certificate to practice medicine or renewal of certificate to practice medicine from the Board of Medical Practice.
(b)Service Letter – (1) The Board of Medical Practice shall not issue a certificate to practice medicine or renew a certificate to practice medicine without first obtaining 1 or more service letters regarding the applicant, provided that person has previously practiced medicine.The service letter obtained must include a service letter from all health care facilities where that person currently has direct access to patients, and where that person has admitting or staff privileges.In addition, if a person seeking certification had direct access to patients or staff or admitting privileges at a health care facility within the past five years, the Board of Medicine Practice shall also obtain a service letter from each such facility.For checks upon renewal of certificates, no additional service letter is necessary from a healthcare facility where the person seeking recertification has not had direct access to patients since obtaining a previous service letter.If a person seeking certification has not previously had direct access to patients or was self-employed, then the Board must require the person to provide letters of reference from 2 physicians who are familiar with the person, but who are not relatives of the person.
(2)For purposes of this subsection, the required "service letter" shall be in a form provided by the Board of Medical Practice.Notwithstanding any law or provision to the contrary, the form shall be signed by a responsible physician at the current or previous health care facility and shall contain information about the scope of that persons practice and relationship to the facility, the duration of that relationship, and any reasonably substantiated incidents involving violence, threat of violence, abuse, or neglect by the person seeking certification toward any other person, including any disciplinary action taken as a result of such conduct.
(3)Any health care facility that is required to provide a service letter for the purpose stated above shall obtain a statement signed by the person seeking certification wherein the person authorizes a full release permitting the Board of Medical Practice to obtain any and all information pertaining to the facts of the person's current or previous relationship with the facility.
(4)In addition to the requirements of §1720 of this Title, the Board shall obtain a statement signed by the person seeking certification wherein the person attests that the information provided regarding current and pastrelationships to health care facilities represent a full and complete disclosure of the persons current and previous contacts with health care facilities.Any person seeking certification who fails to make a full and complete disclosure of such information shall be subject to a civil penalty of $5,000.Any person who willfully fails to make a full and complete disclosure shall not be issued or reissued a certificate to practice medicine.
(5)Any health care facility receiving the Board's written request for a service letter shall provide the service letter within 10 business days from the day the request is received.Any health care facility that fails to make a full and complete disclosure of information, as required, shall be subject to a civil penalty of $10,000 for each such violation.
(6)Any health care facility providing information about a person seeking licensure is immune from civil liability for such disclosure and its consequences and may not be made the subject of a civil action for libel, slander, or defamation by the person seeking a certificate to practice medicine or a renewal of a certificate to practice medicine.
(7)The requirements of this Section shall be in
addition to any requirements of 19
(8)The Division of Professional Regulation shall investigate and seek civil penalties against persons seeking certification and health care facilities that violate the provision of this Act."
Section 2.The Board of Medical Practice shall promulgate rules and regulations necessary to fully implement this Act.
Section 3.Section 2 shall become effective immediately and Section 1 shall become effective six months after enactment.
SYNOPSIS
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The Bill will authorize and require the Delaware Board of Medical Practice, the agency that oversees physician licensure, to require doctors applying for licensure or relicensure to present service letters from health care facilities through which they have had direct access to patients, or admitting or staff privileges, attesting to their good character.The letters would contain information, if it exists, about any reasonably substantiated incidents involving violence, threats of violence, abuse or neglect toward any other person, including any disciplinary action taken as a result of such conduct.Health care organizations or facilities providing the service letters would be immune from civil liability regarding any disclosures of information and their consequences and may not be made the subject of any libel or slander action by the person to whom the letter applies. |
Author:Senator Marshall
