Bill Text: DE SB51 | 2009-2010 | 145th General Assembly | Draft


Bill Title: An Act To Amend Title 10 Of The Delaware Code Relating To Courts And Judicial Procedure And Mortgages.

Spectrum: Moderate Partisan Bill (Democrat 14-3)

Status: (Introduced - Dead) 2009-03-26 - Assigned to Banking Committee in Senate [SB51 Detail]

Download: Delaware-2009-SB51-Draft.html


SPONSOR:

Sen. Katz

 

Sens. Bunting, Peterson, Simpson, Sokola

DELAWARE STATE SENATE

146th GENERAL ASSEMBLY

SENATE BILL NO. 51

AN ACT TO AMEND TITLE 16 AND TITLE 24 OF THE DELAWARE CODE RELATING TO THE INVESTIGATION AND INSPECTION OF UNSAFE OR UNSANITARY CONDITIONS IN LOCATIONS WHERE MEDICAL OR HEALTH-RELATED TREATMENT IS PROVIDED.


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


Section1.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 location where medical or health-related treatment, as defined in subparagraph 2.D., is provided; and investigate and inspect any such location for unsafe or unsanitary conditions upon receipt of a complaint of such conditions, or upon the occurrence of any adverse event in connection with any such location.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.Without limitation of the foregoing, if the Department determines during the course of any investigation or inspection that the conditions in any location herein pose a substantial risk to the health or safety of any person, the Department may order that such location be closed until such time as the conditions have been remedied and the substantial risk no longer exists.

2.For purposes of this paragraph:

A.‘Adverse event' means (i) the death or serious injury of any patient; (ii) a reasonable determination by the Department that death or serious injury may result from any unsafe or unsanitary condition at a location; or (iii) the initiation of any criminal investigation arising out of or relating to any medical or health-related treatment.

B.‘Complaint' means a written statement, in such format as the Department shall require, alleging an unsafe or unsanitary condition observed by the complaining party, and filed within 5 days of observing such condition. A complaint may be filed by any person overthe age of eighteen who has observed an unsafe or unsanitary condition in a location covered by this paragraph, and who has reported the condition to the staff of such location.A complaint may not be anonymous.

C. ‘Location' means a place where medical or health-related treatment, as defined in subparagraph 2.D., are 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. herein.

D.‘Medical or health-related treatment' means any treatment provided by a person certified to practice under chapters 5, 11, or 17 of Title 24 of the Delaware Code."

Section 2.Amend Title 24 of the Delaware Code by adding a new §1741 as follows:

"§1741 Complaints of unsanitary or unsafe conditions

(a) A person to whom a certificate to practice medicine in this State has been issued may be disciplined by the Board for maintaining a location in which he or she provides medical or health-related treatment in an unsanitary or unsafe condition, by means of levying a fine, or by the restriction, suspension, or revocation, either permanent or temporary, of that person's certificate to practice medicine, or by other appropriate action, which may include a requirement that a person who is disciplined must complete specified continuing education courses.For purposes of this section, ‘location' and ‘medical or health-related treatment' shall have the same meaning as defined in §122(3)y.2. of Title 16.

(b) The Division shall have the authority to conduct inspections upon receipt of any complaint in connection with subsection (a) or upon the occurrence of an adverse event as defined in §122(3)y.2.A. of Title 16 and, as applicable, to refer such information 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."

Section 3.Amend §1127, Title 24 of the Delaware Code by adding a new subsection (c) as follows:

"(c) The Division shall have the authority to conduct inspections upon receipt of any complaint in connection with §1128(12) of this title or upon the occurrence of an adverse event as defined in §122(3)y.2.A. of Title 16 and, as applicable, to refer such information 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."

Section 4.Amend §1128, Title 24 of the Delaware Code by adding a new subsection (12) to read as follows:

"(12) Has maintained a location in which he or she provides medical or health-related treatment in an unsanitary or unsafe condition.For purposes of this section, ‘location' and ‘medical or health-related treatment' shall have the same meaning as defined in §122(3)y.2. of Title 16."

Section 5.Amend §514, Title 24 of the Delaware Code by adding a new subsection (c) as follows:

"(c)The Division shall have the authority to conduct inspections upon receipt of any complaint in connection with §515 (a)(8) of this title or upon the occurrence of an adverse event as defined in §122(3)y.2.A. of Title 16 and, as applicable, torefer such information 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."

Section 6.Amend §515(a), Title 24 of the Delaware Code by renumbering paragraphs (8) and (9) as paragraphs (9) and (10) respectively and inserting a new paragraph (8) to read as follows:

"(8) Has maintained a location in which he or she provides medical or health-related treatment in an unsanitary or unsafe condition.For purposes of this section, ‘location' and ‘medical or health-related treatment' shall have the same meaning as defined in §122(3)y.2. of Title 16."


SYNOPSIS

This bill provides the Department of Health and Social Services with the explicit authority to investigate and inspect unsanitary or unsafe conditions in certain locations where medical or health-related treatment is provided.In addition, it provides that the Department of State, Division of Professional Regulation may investigate and inspect unsanitary and unsafe conditions maintained by individuals licensed by the Board of Medical Licensure and Discipline.

Author: Senator Katz

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