{"id":"AGY-ST-HEALTH-SUBORDERS-041","kind":"order","level":"state","jurisdiction":"Delaware - Department of Health and Social Services, Division of Health Care Quality (State health and human services agency)","state":"DE","metro":"","industry":"","agency":"ST-HEALTH-SUBORDERS","eco":"","issuer":"Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services","authority":"16 Del. C. § 1119C and 29 Del. C. § 10119 (recited)","instrument":"Emergency Secretary\u0027s Order amending 16 DE Admin. Code 4407 Hospital Standards (Construction, Maintenance, and Operation), Section 6.0 (25 DE Reg. 350 (Oct. 1, 2021))","title":"Hospital Standards, Section 6.0 Infection Prevention and Control: COVID-19 testing of all staff, vendors and volunteers consistent with Division of Public Health guidance; policies on work exclusion, refusals to test or to release vaccination status; the State requirement that hospital staff \u0027either provide evidence of COVID-19 vaccination, or undergo regular testing\u0027","dateIssued":"2021-09-10","effective":"2021-09-30","end":"120 days from Sept. 30, 2021 (Jan. 28, 2022), renewable once for 60 days under 29 Del. C. § 10119(3)","startDate":"2021-09-30","endDate":"2021-09-30","quarters":["2021Q3"],"types":["VAX","HC","EMP"],"addressees":["all hospitals licensed under 16 Del. C. ch. 10"],"clause":"In addition, hospital staff must either provide evidence of COVID-19 vaccination, or undergo regular testing to prevent the transmission of COVID-19.... It is hereby ordered, that 16 DE Admin. Code 4407 Hospital Standards (Construction, Maintenance, and Operation), specifically, Section 6.0 which expands the infection prevention and control program requirements, is temporarily modified as shown by underline as follows:... 6.4.1 Before their start date, all new staff, vendors and volunteers must be tested for COVID-19 in accordance with Delaware Division of Public Health Guidance. 6.4.2 All staff, vendors and volunteers must be tested for COVID-19 in a manner consistent with Division of Public Health Guidance.... 6.5 Hospitals shall amend their policies and procedures to include: 6.5.1 Work exclusion and return to work protocols for staff tested positive for COVID-19. 6.5.2 Staff refusals to participate in COVID-19 testing; 6.5.3 Staff refusals to authorize release of testing results or vaccination status to the hospital... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.","enforcement":"Hospital licensure sanctions under 16 Del. C. ch. 10; 16 Del. C. § 107 (violation of Title 16 regulations)","functions":["IC infection control (staff, vendor and volunteer testing or vaccination)","HR hiring (pre-start testing of all new staff)","SC vendors (every vendor entering the hospital tested or vaccinated)","OF policies and procedures","WF workforce"],"notes":"The regulatory form of Delaware\u0027s Sept. 2021 vaccination-or-testing requirement for health-care staff, announced Aug. 12, 2021 (DE file, secondary); this and 042-050 are the primary instruments. Reaches vendors and contractors of hospitals as well as employees.","sourceUrl":"https://archive.regulations.delaware.gov/register/october2021/emergency/25%20DE%20Reg%20350%2010-01-21.htm","snapshot":"","fileExists":true,"fileBytes":300320,"grade":"primary","character":"","description":"","collection":"AGY-ST-HEALTH-SUBORDERS","url":"/library/AGY-ST-HEALTH-SUBORDERS-041","exhibitUrl":"/exhibit/AGY-ST-HEALTH-SUBORDERS-041","citation":"Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services, Emergency Secretary\u0027s Order amending 16 DE Admin. Code 4407 Hospital Standards (Construction, Maintenance, and Operation), Section 6.0 (25 DE Reg. 350 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-041)","stateName":"Delaware","related":[]}