Delaware Administrative Code
Title 1 - Authorities, Boards and Commissions
700 - Delaware State Fire Prevention Commission
710 - Ambulance Service Regulations
Section 710-18.0 - Training/Certification

18.1.2.1 The individual is a member in good standing of a Delaware fire department, an ambulance company, a private ambulance provider, or any other group, business, or industry authorized or recognized by the Commission to provide BLS ambulance service within the State.

18.1.2.2 The individual has a current EMT, Advanced Emergency Medical Technician (AEMT) or paramedic certification from the NREMT.

18.1.2.3 The Chief, CEO, EMS Officer, or head of the respective organization signs the application. A sponsor signature is required for every initial Delaware EMT certification and reciprocity application. A sponsor signature is not required on recertification EMT applications.

18.1.2.4 A person seeking certification must meet the criminal history background check as mandated in 16 Del.C. § 6712(b), effective July 12, 2001 and follow the procedures outlined in this regulation.

18.1.2.5 The individual must be 18 years of age.

18.1.2.6 An individual applying for certification must meet the requirement of 1 DE Admin. Code 701.

18.2.2.1 It is the responsibility of the individual applying for certification to provide criminal history background check pursuant to 16 Del.C. § 6712.

18.2.2.2 It is the responsibility of the individual applying to provide all necessary documentation for certification which includes their course completion certificate, a copy of their current CPR/AED healthcare provider card and NREMT certification card, approved by the Commission, Delaware protocol training and current NREMT card.

18.2.2.3 EMT students in training who the Commission receives an arrest notification for, will be permitted to continue training, but will not have their Delaware State EMT card issued to them, until such time that the arrest has been adjudicated by the courts and before the Commission in the EMTs favor.

18.3.3.1 Individuals must submit a request for recertification to the Commission documenting completion of the following requirements:

18.4.1.1 Does not meet the recertification requirements as defined by the Commission;

18.4.1.2 Has obtained certification by means of fraud or deceit;

18.4.1.3 Has demonstrated gross negligence, a pattern of negligence, or has proven otherwise to be grossly incompetent; or

18.4.1.4 Has violated protocols;

18.4.1.5 Has violated or aided or abetted in the violation of any provision of this regulation; or

18.4.1.6 Has violated any contractual agreement related to providing ambulance service;

18.4.1.7 Has engaged in unprofessional conduct;

18.4.1.8 Had their NREMT certification revoked by the National Registry of Emergency Medical Technicians;

18.4.1.9 Is charged with an offense as specified in 16 Del.C. § 6712(b);

18.4.1.10 Has had a suspension or revocation of EMT certification or of the authorizing document to practice in another profession or occupation regulated by the Commission or has had other disciplinary action taken by the regulatory authority in another state or jurisdiction. In making its determination, the Commission may take notice of decisions and proceedings made by other regulatory bodies and may refuse to permit a collateral attack on those decisions;

18.4.1.11 Has a history of disciplinary violations;

18.4.1.12 Has failed or is noncompliant with drug testing;

18.4.1.13 Where physical or psychological limitations prevent the EMT from performing the essential functions of the job with reasonable accommodations, consistent with any applicable federal or state disability law; or

18.4.1.14 Fails to report any discipline from another state or jurisdiction.

18.4.2.1 The use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest, or unethical practice in connection with a certification, registration, or licensing requirement of this regulation, or in connection with the practice of EMT services or other profession or occupation regulated by the Delaware State Fire Prevention Commission;

18.4.2.2 Conviction of or admission under oath to having committed a crime substantially related to the practice of EMT services or other profession or occupation regulated by the Commission, including but not limited to those specified in 16 Del.C. § 6647;

18.4.2.3 Any dishonorable, unethical, or other conduct likely to deceive, defraud, or harm the public;

18.4.2.4 The practice of EMT services or other profession or occupation regulated by the Commission under a false or assumed name;

18.2.4.5 The practice of EMT services or other profession or occupation regulated by the Commission without a certificate or other authorizing document or renewal of such document, unless otherwise authorized by the Commission;

18.2.4.6 The use, distribution, or issuance of a dangerous or narcotic drug, other than for therapeutic or diagnostic purposes;

18.2.4.7 Abuse, misuse, or diversion of illicit or illegal drugs, controlled substances or prescription drugs or alcohol;

18.2.4.8 The practice of EMT services or other profession or occupation regulated by the Commission by any EMT whose physical or mental capacity is not adequate to safely perform the EMT's duties and responsibilities;

18.4.2.9 Advertising of the practice of EMT services or other profession or occupation regulated by the Commission in an unethical or unprofessional manner;

18.4.2.10 Knowing or intentional performance of an act which, unless authorized by the Commission, assists an unauthorized person to practice EMT services or other profession or occupation regulated by the Commission;

18.4.2.11 The failure to provide adequate supervision to an individual working under the supervision of a person who is certified to practice EMT services or other profession or occupation regulated by the Commission;

18.4.2.12 Unjustified failure upon request to divulge information relevant to the authorization or competence of a person to practice EMT services or other profession or occupation regulated by the Commission to the Commission, or to anyone designated by the Commission to request such information;

18.4.2.13 The violation of a provision of this regulation or the violation of an order of the Commission related to the practice of EMT services, BLS service or to the procedures of other professions or occupations regulated by the Commission, the violation of which more probably than not will harm or injure the public or an individual;

18.4.2.14 Charging a grossly exorbitant fee for EMT services or BLS Services rendered;

18.4.2.15 Use of private information from PCRs or other medical documents for nonprofessional reasons;

18.4.2.16 Failure to cooperate in a Commission investigation;

18.4.2.17 Failure to answer a Commission subpoena;

18.4.2.18 Placing patient care reports into the Commission approved patient care reporting system without a current valid State of Delaware EMT certification;

18.4.2.19 The conviction of any of the following crimes from Title 11 of the Delaware Code by way of example and not of limitation set forth in the Delaware Code Annotated or similar offenses in another jurisdiction:

18.4.2.20 The conviction of Neglect of Abuse of Patient or Resident of Nursing Facilities in violation of 16 Del.C. § 1136 or similar offenses in another jurisdiction;

18.4.2.21 The conviction of Driving under the Influence in violation of 21 Del.C. § 4177 or similar offenses in another jurisdiction;

18.4.2.22 The conviction of Operation of a Vessel or Boat while under the Influence of Intoxicating Liquor or Drugs in violation of 23 Del.C. § 2302 or similar offenses in another jurisdiction;

18.4.2.23 The conviction of Sale to Persons under 21 or Intoxicated Persons in violation of 24 Del.C. § 903 or similar offenses in another jurisdiction;

18.4.3.1 Any person who desires to file a complaint against any EMT or ambulance service provider must do so in writing to the Commission. The Commission shall assign an investigator to investigate the complaint. A sitting Commissioner that conducts the investigation of any complaint shall recuse that Commissioner from the hearing of that complaint.

18.4.3.2 The complaint shall state the name of the EMT or ambulance provider and sufficient facts as determined by the Commission's investigator which allegedly constitute the basis for the written complaint. If any of these elements are missing in the written complaint, the Commission investigator may, in that investigator's discretion, sua sponte dismiss the complaint.

18.4.3.3 The complaint shall be filed with the Commission. The Commission's designee shall, within 15 days of the receipt of the complaint, fill out a complaint, log assign a complaint number and enter the complaint in the Commission's records. A record of the complaint shall be kept with the Commission for a period of 5 years.

18.4.3.4 The Commission shall mail a copy of the complaint to the complaint respondent at the address of record in the Commission's files. Commission's investigator may, in that investigator's discretion, withhold the name of the complainant until the time of the hearing. The named EMT or ambulance service provider may file an answer to the complaint within 20 calendar days of the notice of complaint.

18.4.3.5 The Commission or the investigator shall suspend its investigation and withhold from the respondent reports of violations or misconduct if a request to do so is made by the Delaware Department of Justice or a federal law-enforcement authority due to the potential effects of such conduct on a pending criminal investigation. Such written request shall suspend any duty to investigate, advise the complainant or respondent, or undertake any other duties that would interfere with the ability of law enforcement to investigate the allegations successfully. The suspension shall remain in effect until the Delaware Department of Justice or federal law enforcement informs the Commission or its investigator that action by the Commission will not interfere with a pending law-enforcement investigation.

18.4.3.6 The investigator assigned by the Commission shall direct the investigation of the complaint. The investigator shall issue a final report at the conclusion of the investigation. The report shall list the evidence reviewed, the witnesses interviewed and cite the law or regulation alleged to have been violated and the facts to support such finding.

18.4.3.7 If there is substantial evidence to support a violation of any of these regulations or any law governing the Commission, the Commission or its investigator may forward the complaint and written report to the Department of Justice to determine whether a complaint should be filed and a hearing requested before the Commission. If the Deputy Attorney General assigned to the case recommends not to prosecute or otherwise not file a formal complaint, the Deputy Attorney General shall notify the Chair or Vice-Chair of the Commission and the investigator in writing.

18.4.3.8 If the Deputy Attorney General assigned to the case recommends dismissal or no prosecution, the Commission shall, thereafter, dismiss the complaint which shall constitute a final order. The Commission shall, thereafter, file a copy of the Attorney General's recommendation and an investigator's report for informational purposes only.

18.4.3.9 Nothing in this subsection shall prohibit a member of the public from filing a complaint directly with the Commission or an EMS Medical Director.

18.4.4.1 Dismiss without prejudice;

18.4.4.2 Issue a letter of reprimand;

18.4.4.3 Place the EMT on probationary status with any such license restrictions as the Commission may deem appropriate and with requirements for reporting to the Commission.

18.4.4.4 Suspend any EMT's or ambulance service provider's certification;

18.4.4.5 Permanently revoke any EMT's certification;

18.4.4.6 Withdraw or reduce conditions of probation or suspension when the Commission finds that the deficiencies which required such action have been remedied;

18.4.4.7 Require reeducation on any topic of concern;

18.5.1.1 More than 24 months has not elapsed since the applicant's last certification. If more than 24 months has expired, then the applicant must reapply pursuant to subsection 18.1 of this regulations.

18.5.1.2 The applicant has successfully completed an approved in-State Delaware EMT refresher that meets the National Continued Competency Program. (NHTSA) National EMS education standards most current curriculum conducted by the Delaware State Fire School or an equivalent sanctioned by OEMS and approved by the Commission.

18.5.1.3 The applicant must show proof of a current CPR/AED certification card, approved by the Commission.

18.5.1.4 The applicant has successfully completed the current Delaware protocol examination.

18.5.1.5 The applicant obtains, at his or her expense, the background check required by 16 Del.C. § 6712.

18.5.1.6 The applicant must submit any other paperwork and application for certification to the Commission.

18.5.1.7 The applicant is a member in good standing of a Delaware fire department, an ambulance organization, a private ambulance provider, or any other group, business, or industry certified or recognized by the Commission to provide BLS or ambulance service.

18.5.1.8 The Chief, CEO, EMS Officer, or head of the respective organization signs the application.

18.5.1.9 The applicant has not previously had their Delaware EMT certification or Delaware paramedic license revoked. Previous suspension of a Delaware EMT certification or Delaware paramedic license may be grounds for denial of reinstatement.

18.5.1.10 The Commission may take action against an EMT for violations of regulation and protocol that occurred prior to the lapse of an EMT's certification.

18.7.1.1 They are a member in good standing of a Delaware fire department, an ambulance company, a private ambulance provider, or any other group, business, or industry authorized or recognized by the Commission to provide BLS or ambulance service within the State.

18.7.1.2 They submit the required paperwork and application form to the Commission.

18.7.1.3 They have a current National Registry EMT or paramedic certification.

18.7.1.4 They have a CPR/AED certification card as approved by the Commission.

18.7.1.5 They have successfully completed a reciprocity course approved by the Commission conducted by Delaware State Fire School which includes:

18.7.1.6 They are compliant with the criminal history background check pursuant to 16 Del.C. § 6712. Background checks are at the expense of the applicant.

18.7.1.7 Applicants will be advised of the appeal process in Section 21.0 of this regulation, Criminal History Background Check, if reciprocity is denied because of criminal history background check.

18.8.1.1 Submit a self-report to the volunteer fire, rescue or ambulance company, or ambulance service provider to which they are a member or employed and to the Commission of any arrests, convictions, charges or adjudications.

18.8.1.2 Submit the report required by this section in writing within 10 days of any arrest or release from state custody.

18.8.1.3 Report within 10 days of any out of state arrests, disciplinary action, open investigations, revocations or suspensions to the Commission in writing.

18.8.1.4 Maintain current contact information in the approved Commission information system.

18.8.1.5 Report to the Commission any positive drug or alcohol test of any EMT.

18.8.1.6 Report to the Commission any suspected drug use, drug diversion, intoxication, or impairment.

18.8.1.7 Report to the Commission any action taken against an EMT for sexual harassment.

18.8.1.9 Carry EMT and drivers credentials while on duty. Credentials may be stored electronically on a phone. Credentials are to be shown upon request of public or Commission.

18.8.1.10 Unless an EMT is involved in the emergency transport of a patient to a hospital, when stopping would cause great risk to said patient, any certified EMT, while on duty, who comes across any type of accident, event, or apparent injury, the EMT shall stop and determine if any medical aid is needed. EMT shall render medical aid to any person or persons who may be in need.