Signed by Governor Jack Markell

Vote Smart's Synopsis:

Vote to pass a bill that authorizes the Department of Health and Social Services to investigate and inspect unsanitary or unsafe conditions in certain facilities where invasive medical procedures are performed.

Highlights:

• Authorizes the Department of Health and Social Services to investigate and inspect certain facilities for unsafe or unsanitary conditions upon receipt of a complaint by a patient or upon the occurrence of any adverse event in connection with the facility (Sec. 1).

• Defines "adverse event" as any of the following events (Sec 1):
• The death or serious injury of a patient at the facility;
• A "reasonable" determination by the Department of Health and Social Services that death or serious injury may result from any unsafe or unsanitary condition at the facility; or
• The initiation of any criminal investigation arising out of or relating to any diagnosis, treatment or other medical care at the facility.

• Defines "invasive medical procedure" as any medical procedure in which anesthesia or sedation is, or should be, used (Sec 1).

• Defines "facility" as a location at which any invasive medical procedure is performed, but does not include hospitals, freestanding birthing centers, freestanding surgical centers, or freestanding emergency centers (Sec. 1).

• Authorizes the Department to make and enforce such orders as it deems necessary to strengthen oversight of facilities, including ordering that a facility be closed until such time as it no longer poses a substantial risk to the health or safety of its patients (Sec. 1).

• Establishes that the maintenance of a facility in which any invasive medical procedure is performed in an unsanitary or unsafe condition is unprofessional conduct for purposes of the Board of Medical Licensure and Discipline (Sec. 4).

Full Bill Text