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Ex. AGY-ST-HEALTH-SUBORDERS-041 Order Primary source read

Emergency Secretary's Order amending 16 DE Admin. Code 4407 Hospital Standards (Construction, Maintenance, and Operation), Section 6.0 (25 DE Reg. 350 (Oct. 1, 2021))

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 'either provide evidence of COVID-19 vaccination, or undergo regular testing'

Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services · Delaware - Department of Health and Social Services, Division of Health Care Quality (State health and human services agency) (State)

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The COVID Project

The record

Jurisdiction
Delaware - Department of Health and Social Services, Division of Health Care Quality (State health and human services agency) · Delaware
Level
State
Authority
16 Del. C. § 1119C and 29 Del. C. § 10119 (recited)
Issued
2021-09-10 Sept. 10, 2021
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) (read as 2021-09-30)
In force
Sept. 30, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Health care ordersWorkplace rulesVaccination or testing
Addressees
  • all hospitals licensed under 16 Del. C. ch. 10
Functions reached
  • 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
Collection
State health department orders to licensed settings AGY-ST-HEALTH-SUBORDERS

Operative words

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)

Notes

The regulatory form of Delaware's 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.

Retrieval note

Register of Regulations, Vol. 25, Issue 4 (Oct. 1, 2021), Emergency Regulations. The DE State file saved the July 1, 2021 predecessor (25 DE Reg. 29).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.