Page 24 - Delaware Medical Journal - May 2016

148TH GENERAL ASSEMBLY – HEALTH CARE RELATED BILLS (2015 and 2016 Legislative Years)
The information below is provided regarding legislative activities of interest in the 148th General Assembly in Dover. The Legislative Session spans two years and this session will end on June 30, 2016. All pending legislation that has not passed both chambers to be signed by the Governor at the end of the Session in 2016 must be reintroduced if it is to be considered in the 149th General Assembly which will convene in January 2017. The following bills affect the practice of medicine in Delaware. MSD will continuously update the status of the bills as the ones that await action of the Governor are signed or vetoed.
HOUSE BILLS
BILL NUMBER
SUMMARY
STATUS
HB 5 w/ HA 4 (Heffernan)
This Act adds electronic smoking devices to the Clean Indoor Air Act and prohibits the use of electronic smoking devices in all public places where smoking is prohibited under current law.
June 11, 2015 – Passed by Senate
HB 8 (Barbieri)
During the 147th General Assembly, House Bill 346 was signed into law. House Bill 346, which codified the work of the HJR 17 Study Group to comprehensively update the state civil mental health laws, created a definition of psychiatrist which specifically names one accredited residency program. There is at least one psychiatrist in Delaware who completed a different accredited residency program. This legislation amends the definition of psychiatrist to include a doctor who has completed an accredited residency training program in psychiatry so that all psychiatrists can act under this statute. Also, the statute limits credentialed mental health screeners to physicians licensed by the State of Delaware. Doctors at the United States Department of Veterans Affairs Medical Center in Delaware often are licensed in other states but permitted by federal law to practice at a Veterans Affairs facility. This legislation amends the definition of credentialed mental health screener to include Veterans Affairs doctors working in Delaware. This will allow Veterans Affairs doctors to hold patients for involuntary observation and treatment of mental conditions.
Apr 23, 2015 – Signed by Governor
HB 64 (Barbieri)
This Act authorizes the use of Medical Orders for Scope of Treatment in Delaware. This document,
a “DMOST form,” will allow Delawareans to plan ahead for health-care decisions, express their wishes in writing, and both enable and obligate health care professionals to act in accordance with
a patient’s expressed preferences. Section 1 of this Bill adds a new chapter outlining the scope
and requirements of a DMOST. The statute authorizes a medical order which is transportable, standardized, and implements a patient’s end-of-life care preferences. In order to implement that statute, adjustments are made in Section 2 to the existing advance-care directive statute, and in Section 3 to the statute governing Emergency Medical Services. Section 3 also makes a technical name change within Chapter 97 that was overlooked in a 2003 change to Chapter 97 and adds reference to DMOST in Public Health’s rule writing authority. Section 4 adds language to the Advance Health Care Directive statute to give agents the authority to act pursuant to this new Chapter 25A.
May 28, 2015 – Signed by Governor
HB 69 w/HA 1 + SA 1 (B. Short)
The advancements and continued development of medical and communications technology have
had a profound impact on the practice of medicine and offer opportunities for improving the delivery and accessibility of health care in and across the many professions responsible for the wellbeing of Delawareans. Geography, weather, availability of specialists, transportation, and other factors can create barriers to accessing appropriate health care, including behavioral health care, and one way
to provide, ensure, or enhance access to care given these barriers is through the appropriate use of technology to allow health care consumers access to qualified health care providers. Delaware is well- positioned to embrace efforts that will encourage health insurers and health care providers to support the use of telemedicine and that will also encourage all state agencies to evaluate and amend their policies and rules to foster and promote telemedicine services.
July 07, 2015 – Signed by Governor
HB 70 w/HA 1 + SA 2 (Baumbach)
This bill creates two types of licensure for the newly created Midwifery Advisory Council, licensed Certified Professional Midwives and licensed Certified Midwives. The bill clarifies that a licensee of the same licensure type should serve on the Panel conducting any disciplinary hearing or temporary suspension hearing of a licensee, clarifies that the Council will promulgate regulations governing the scope of practice of each licensure type with the approval of the Board of Medical Licensure and Discipline, and indicates a preference that the 4 Midwife Council members consist of 2 members
of each licensure type whenever possible. Also, the bill requires that, when minors are treated
by midwives licensed under this chapter, they are provided with safeguards in similar sections
of the Delaware Code such as those for nurses, chiropractors, and physical therapists. There is also revocation of the license upon conviction of a felony sexual offense and disqualification from licensure for someone convicted of a felony sexual offense.
June 09, 2015 – Signed by Governor
152 Del Med J | May 2016 | Vol. 88 | No. 5