This regulation is promulgated under the authority of 16Del.C.,Ch. 97 and 98.
The statewide paramedic program, a "coordinated advanced life support system under qualified medical supervision", was established under the direction of the Office of Emergency Medical Services, Division of Public Health, Department of Health and Social Services (16Del.C.§ 9801(a)). "Except for those activities and responsibilities for basic life support and other emergency services which are under the jurisdiction of the State Fire Prevention Commission, the Office [of EMS] shall have jurisdiction over the development, implementation, and maintenance of a statewide paramedic system (16Del.C.§ 9803)".
The transfer of patients to specialty care, or rehabilitation, or follow-up care centers is within the scope of the State EMS system (16Del.C.§ 9705(j)) The use of paramedics to facilitate these transfers] is a function of the statewide paramedic program (16Del.C.§ 9801(g)).
Other functions of the Office of EMS as it relates to advanced life support interfacility transportation are found in 16Del.C.,Ch. 97. The OEMS was created with the responsibility of providing assistance and advice for activities related toward the planning, development, improvement and expansion of emergency medical services (16Del.C.§ 9704(a)). This includes 'monitoring and evaluating transportation services in Delaware to assure that patients in the EMS system have access to effective and efficient transportation to appropriate treatment facilities' (16Del.C.§ 9705(d)).
The OEMS is primary staff to the Delaware Emergency Medical Services Oversight Council (DEMSOC) in addition to functioning as the body having jurisdiction over the state paramedic program. In this capacity, the Office shares the responsibility for "monitoring the [State] EMS system to ensure that all elements are functioning in a coordinated, effective, and efficient manner in order to reduce morbidity and mortality for the citizens of Delaware and to ensure quality of emergency medical services (16Del.C.§ 9703).
16 Del. Admin. Code § 4301-3.0