16 Del. Admin. Code § 3340-2.0
The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:
"Abuse" means the infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish and includes all of the following:
"Adverse Incident" means an event that results in unintended harm to the patient by an act of commission or omission rather than by the underlying disease or condition of the patient.
"Clinical Director" means a registered nurse, currently licensed to practice nursing pursuant to Title 24, Chapter 19 of the Delaware Code who is sufficiently qualified to provide general supervision and direction of the services offered by the FSED.
"Department" means the Delaware Department of Health and Social Services.
"Director" means a full-time physician who is board certified in emergency medicine.
"Emergency Care" means services provided in a free standing emergency department on an outpatient basis for medical conditions that include those manifested by symptoms of sufficient severity that, in the absence of immediate medical attention, could result in (1) placing the patient's health in jeopardy, (2) serious impairment to bodily functions, (3) serious dysfunction of any bodily organ or part, or (4) development or continuance of severe pain.
"Exploitation" means the illegal or improper use of a patient's resources or financial rights by another person, whether for profit or other advantage.
"Facility" means a free standing emergency department.
"Free Standing Emergency Department" or "FSED" means a facility, physically separate from a hospital, which is established, maintained and operated twenty-four (24) hours per day, seven (7) days per week for the purpose of providing immediate and emergency care to individuals suffering from a life-threatening medical condition. A free standing emergency department that is owned and operated by a hospital and deemed by an accreditation organization approved by the Centers for Medicare and Medicaid Services is exempt from licensure and this set of regulations.
"Governing Body" means the individual, group or corporation appointed, elected, or otherwise designated, in which the ultimate responsibility and authority for the conduct of the FSED is vested.
"Hospital" means a facility currently licensed as a hospital pursuant to Title 16, Chapter 10 of the Delaware Code.
"Incident" means a circumstance or occurrence that may be injurious to a patient or that may result in an adverse outcome to the patient.
"Medical Staff" means a physician or non-physician provider who by action of the FSED's governing body are privileged to work in and use the facility.
"Modification of Ownership and Control" means a change of ownership or transfer of responsibility for the FSED's operation.
"Neglect" means the failure to provide goods or services that are necessary to avoid adversely affecting the physical, mental, or emotional welfare of the patient.
"Non-physician Provider" means a person currently licensed as an advanced practice nurse pursuant to Title 24, Chapter 17 of the Delaware Code, or a person currently licensed as a physician's assistant pursuant to Title 24, Chapter 19 of the Delaware Code.
"Patient" means a person who receives health care services from a FSED.
"Physician" means a person currently licensed as a physician by Title 24, Chapter 17 of the Delaware Code.
"Plan of Correction" means a written document that includes specific measures to correct identified problems or areas of concern; identifies strategies for implementing system improvements; and includes outcome measures to indicate the effectiveness of system improvements in reducing, controlling or eliminating identified problem areas.
"Quality Assessment and Performance Improvement" or "QAPI" means an ongoing program that measures, analyzes, and tracks quality indicators related to improving health outcomes and patient care emphasizing a multidisciplinary approach. The program implements plans and evaluates the implementation until resolution is achieved.
"Registered Nurse" means a person currently licensed as a registered nurse pursuant to Title 24, Chapter 19 of the Delaware Code.
"Regulated Waste" means liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps; and pathological and microbiological wastes containing blood or other potentially infectious materials.
"Renovation" means 1) the strengthening or upgrading of building elements, materials, equipment, or fixtures that does not result in a reconfiguration of the building spaces within; or 2) any reconfiguration of a space that affects an exit, a corridor, or any component of a means of egress; or 3) work that changes the current designated purpose or occupancy classification of a building space. Cosmetic changes such as repainting or changing carpeting are not considered renovations.
"Resident Physician" means a person who currently holds physician training licensure by Title 24, Chapter 17 of the Delaware Code.
"Serious Injury" means physical injury that creates a substantial risk of death, or that causes serious disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.
"Stabilization" means to provide necessary medical treatment of an emergency medical condition to ensure, within reasonable medical probability, that the condition is not likely to deteriorate materially from or during the transfer of the individual from the facility.
"Substantial Compliance" means a level of compliance with the requirements such that any identified deficiencies pose no greater risk to patient health or safety than the potential for causing minimal harm.
"Unethical Conduct" means conduct prohibited by ethical standards adopted by state or national professional organizations for their respective professions or by rules adopted by the state licensing agency for the respective profession.
"Unprofessional Conduct" means conduct prohibited under rules adopted by the state licensing agency for the respective profession.
16 Del. Admin. Code § 3340-2.0