16 Del. Admin. Code § 3355-2.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 3355-2.0 - Definitions

The following words and terms, when used in these regulations, shall have the meanings ascribed to them in this section, except where the context indicates a different meaning:

"Certified Registered Nurse Anesthetist" means an individual currently licensed as an advanced practice nurse pursuant to Title 24, Chapter 19 of the Delaware Code.

"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 free standing surgical center. The "Clinical Director" and "Director" may be the same individual if that individual is dually qualified.

"Department" means the Delaware Department of Health and Social Services.

"Dentist" means a person currently licensed as a dentist by Title 24, Chapter 11 of the Delaware Code.

"Dietitian" means a person currently licensed as a dietitian by Title 24, Chapter 38 of the Delaware Code.

"Director" means the individual appointed by the governing body to act on its behalf in the overall management of the free standing surgical center. The director shall have: 1) a Baccalaureate Degree; 2) five (5) years healthcare experience; and 3) one (1) year supervisory experience in a surgical setting.

"Free Standing Surgical Center", abbreviated as FSSC, means a facility, other than a hospital or the office of a physician, dentist or podiatrist, or professional association thereof, which is maintained and operated for the purpose of providing surgical services and in which the expected duration of services would not exceed 23 hours 59 minutes following an admission.

"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 FSSC is vested.

"Healthcare Professional" means a person currently licensed as a physician, dentist, podiatrist, licensed independent practitioner or registered nurse.

"Incident" means a circumstance or occurrence that may be injurious to a patient or that may result in an adverse outcome to the patient.

"Licensed Independent Practitioner" 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.

"Modification of Ownership and Control" means a change of ownership or transfer of responsibility for the FSSC's operation.

"Patient" means a person who receives health care services from a FSSC.

"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.

"Podiatrist" means a person currently licensed as a podiatrist by Title 24, Chapter 5 of the Delaware Code.

"Registered Nurse" means a person currently licensed as a registered nurse pursuant to Title 24, Chapter 19 of the Delaware Code.

"Serious Injury" means physical injury that creates a substantial risk of death, or that causes serious disfigurement, serious impairment of health or serious loss or impairment of the function of any bodily organ.

"Surgery" means a procedure performed for the purpose of structurally altering the human body by the incision or destruction of tissues and is part of the practice of medicine. Surgery also is the diagnostic or therapeutic treatment of conditions or disease processes by any instruments causing localized alteration or transposition of live human tissue which include lasers, ultrasound, ionizing radiation, scalpels, probes and needles. The tissue can be cut, burned, vaporized, frozen, sutured, probed, or manipulated by closed reductions for major dislocations or fractures, or otherwise altered by mechanical, thermal, light-based, electromagnetic or chemical means. Injection of diagnostic or therapeutic substances into body cavities, internal organs, joints, sensory organs, and the central nervous system, is also considered to be surgery. The term surgery as used in these Regulations does not include the administration by nursing personnel of some injections - subcutaneous, intramuscular, or intravenous - when ordered by a physician. All of these surgical procedures are invasive, including those that are performed with lasers, and the risks of any surgical procedure are not eliminated by using a light knife or laser in place of a metal knife, or scalpel.

16 Del. Admin. Code § 3355-2.0

25 DE Reg. 627( 12/1/2021) (final)