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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2013

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24 DE Admin. Code 1700
AND NOW, this 5th day of March, 2013 in accordance with 24 Del.C. §1713(a)(12), for the reasons stated below, this ORDER adopts new regulations governing the licensing and regulation of Title 24, Chapter 17 licensees.
Board Exhibit 1 – Affidavit of publication of the public hearing notice in the News Journal;
Board Exhibit 2 – Affidavit of publication of the public hearing notice in the Delaware State News; and
Board Exhibit 3 – Correspondence from Priti D. Myers, requesting a change in the regulations regarding the fees for medical records.
1. 24 Del.C. § 713(a)(12) requires the Board to “promulgate rules and regulations not inconsistent with or beyond the scope of this chapter or other laws of this State for carrying out the powers and duties required by this chapter.”
NOW THEREFORE, pursuant to 24 Del.C. §1713(a)(12) and for the reasons set forth above, the Board of Medical Licensure and Discipline does hereby ORDER that the regulations be, and that they hereby are, adopted and promulgated as set forth in the Delaware Register of Regulations on December 1, 2012. The effective date of this Order is ten days from the date of its publication in the Delaware Register of Regulations, pursuant to 29 Del.C. §10118(g).
"Board" means the State Board of Medical Practice.
"Courtesy Applicant" means an individual who is being allowed to take the FLEX or USMLE examination in Delaware, but is a candidate for licensure in another of the United States.
"ECFMG" means the Educational Council for Foreign Medical Graduates.
"Emergency Care" means an unplanned and unstructured medical intervention by any individual, whether or not licensed to practice medicine and surgery in the State of Delaware, which, if not immediately provided, would likely result in either loss of life or subsequent permanent impairment.
"Fifth Pathway" means a path to licensure under which an applicant has not met the requirements for licensure under 24 Del.C. §1720 because of failure to receive an M.D., D.O., or equivalent degree although the applicant has completed the course of academic study required by the medical school attended. Such an applicant may be licensed by the Board if the applicant meets the requirements of Section 26 of these Regulations.
"FLEX Examination" means the Federation Licensing Examination as promulgated by the Federation of State Medical Boards of the United States, Inc.
"Foreign Medical School" means any medical school located outside of the United States or Canada.
"Institutional License" means a certificate to practice medicine as outlined under 24 Del.C. §1725(a)(2).
"NBME" means National Board of Medical Examiners.
"NBOME" means National Board of Osteopathic Medical Examiners.
"SPEX" is the Special Proficiency Examination.
"USMLE" means United States Medical Licensing Examination. which has replaced (FLEX) and (NBME) as the only allopathic examination given in the USA since 1994.
"VQE" means Visa Qualifying Examination as mandated by Public Law 94-484.
5.1 Pursuant to 24 Del.C. §1725(a)(2), the Board will issue, without examination, institutional licenses to qualified physicians who will be employed as interns, residents, house physicians or fellows by an accredited hospital operated within this State. The Board will also issue, without examination, institutional licenses to qualified physicians who will be employed as staff physicians in a medical institution operated in this State by any governmental unit.
5.2.1.1 An affidavit of the chief administrative officer of said hospital certifying that the individual will be employed by the hospital and meets all requirements for licensure specified in 24 Del.C. §1720(a)(1) through (a)(6), excluding 24 Del.C. §1720(a)(4) for those physicians who will be employed as interns or residents.
5.2.1.2 An affidavit of the physician seeking licensure certifying that he meets all the requirements for licensure specified in 24 Del.C. §1720(a)(1) through (a)(6) excluding 24 Del.C. §1720(a)(4), if the physician will be employed as an intern or resident.
14.5 The former licensee may re-apply under the same conditions that govern applicants for new licensure under 24 Del.C. Ch. 17 and meeting any requirements for re-entry to practice established under Board Rule 14.7.
15.1 The phrase "dishonorable or unethical conduct likely to deceive, defraud, or harm the public" as used in 24 Del.C. 1731(b)(3) shall include, but not be limited to, the following specific acts:
17.1.1 Federation of State Medical Boards.
17.1.2 Medical Boards in other states in which the physician is licensed to practice medicine.
17.1.3 Hospitals at which the physician holds staff privileges.
17.1.4 The Medical Society of Delaware.
17.1.5 Delaware Osteopathic Medical Society.
17.1.6 Director of the Division of Revenue.
17.1.7 Director of the Division of Public Health.
17.1.8 National Practitioner Data Bank.
17.1.9 All Hospitals and Managed Care Entities in Delaware.
19.0 Temporary Licensure under 24 Del.C. §1725(a)(1)
Physicians requesting temporary license under the provisions of 24 Del.C. §1725(a)(1) shall complete an application for such temporary license. The application shall be accompanied by a letter from the physician who is temporarily ill or who will be temporarily absent from the state. The letter shall set out the dates of expected absences or expected date of return to practice. The applicant for temporary license shall be granted a temporary license if he has been licensed in another state and has achieved scores on the professional licensure examination which would entitle him to full licensure.
20.1.7 A supervising physician who fails to adhere to these regulations would be considered to be permitting the unauthorized practice of medicine (as defined under 24 Del.C. §1703(2)(12) of the Medical Practice Act), and would be subject to disciplinary action by the Board.
Pursuant to the provisions of 24 Del.C. §1730(d) the Board adopts the following regulation regarding requirements for continuing medical education as a prerequisite for renewal of registrations to practice medicine in the State of Delaware. Prior to renewal of registrations to practice medicine in this State a physician must be prepared to supply the Board with proof that he has completed forty (40) hours per registration period of continuing medical education in Category I courses approved by the American Medical Association or the American Osteopathic Association since the time of the physician's last renewal of his registration. Individuals enrolled in approved medical or osteopathic resident or fellowship training programs may be requested to submit proof of satisfactory participation in lieu of approved continuing medical education credits. Certification by the Medical Society of Delaware that a physician has completed such continuing medical education since the time of his last renewal of his registration shall be acceptable proof of completion of these requirements.
Pursuant to 24 Del.C. §1726 consulting physicians licensed in any of the United States or foreign countries may come into Delaware in consultation with any person licensed to practice medicine in the State regarding a particular patient.
24.1.1.7.2 No supervising physician may supervise more than 2 physician assistants at any given time unless granted an exemption by the Board. As provided in 24 Del.C. §1771 (e) and (i) the Board may increase or decrease the number of physician assistants being supervised. The Board may issue an exemption to increase the number of physician assistants supervised by a physician upon written application filed by the supervising physician demonstrating good cause for the request. Requests for exemption will be considered on a case-by-case basis. The requesting physician has the burden of demonstrating that the granting of an exemption will not endanger the public health, safety, or welfare.
24.2.2 Completion of required renewal form, and submission of documentation of one hundred (100) hours of Continuing Medical Education (CME), 50 hours of Category 1 during every 2 year cycle. A licensee who submits proof of holding current certification from the NCCPA shall be deemed to have met this requirement.
Conviction” means a verdict of guilty by whether entered by a judge or jury, or a plea of guilty or a plea of nolo contendere or other similar plea such as a “Robinson” or “Alford” plea unless the individual has been discharged under §4218 of Title 11 of the Delaware Code (probation before judgment) or under §1024 of Title 10 (domestic violence diversion program) or by §4764 of Title 16 (first offenders controlled substances diversion program).
Jurisdiction” Substantially similar crimes in another State or Jurisdiction including all crimes prohibited by or punishable under Title 18 of the United Stated Code Annotated (U.S.C.A.) such as, but not limited to, Federal Health Care offenses.
28.6 Any crime which involves offenses against a public health order and decency which may tend to bring discredit upon the profession, specifically including the below listed crimes from Title 11 of the Delaware Code Annotated which evidence a lack of appropriate concern for the safety and well being of another person or persons in general or sufficiently flawed judgment to call into question the individuals ability to make health care decisions or advise upon health care related matters for other individuals.
28.10 The Board reserves the jurisdiction and authority to modify this regulation as and if it becomes necessary to either add or delete crimes including such additions as may be required on an emergency basis under 29 Del.C. §10119 to address imminent peril to the public health, safety or welfare. The Board also specifically reserves the jurisdiction to review any crime committed by an applicant for licensure as a physician and to determine whether to waive the disqualification under 24 Del.C. §1720(d).
30.1 Purpose: The Legislature has created the Board of Medical Licensure and Discipline to assure the protection of the public from persons who do not meet the minimum requirements for safe practice or who pose a danger to the public. Pursuant to 24 Del.C. §1713(f), the Board provides the disciplinary guidelines it will apply to licensees regulated under 24 Delaware Code, Chapter 17, after a full investigation and at the conclusion of a hearing after finding violations of the Board’s statute and/or regulations. The purpose of this rule is to notify applicants of the ranges of penalties which may be imposed unless the Board finds grounds to deviate from the guidelines due to aggravating or mitigating circumstances (Rules 31.12 and 31.13). The practice of medicine is already subject to both civil and criminal penalties. Recognizing its role as protector of the public’s health, safety, and welfare, the Board offers these guidelines as a means to improve the quality of medical care and not to enforce the penal code, a responsibility left to law enforcement and to the courts. The purpose of imposing discipline is to sanction licensees for violation; deter them from future violations; to offer opportunities for rehabilitation when appropriate; and to dissuade other applicants and licensees from committing disciplinable offenses.
These rules and regulations apply to all persons possessing, applying for or required to have a license or certificate or other authorization or approval which the Board of Medical Licensure and Discipline is empowered to issue or grant.
Accredited Hospital” means a medical facility accredited by the Joint Commission on Accreditation of Healthcare Organizations or the American Osteopathic Hospital Association.
"Board" means the Board of Medical Licensure and Discipline.
"ECFMG" means the Educational Council for Foreign Medical Graduates.
"Emergency Care" means an unplanned and unstructured medical intervention by any individual, whether or not licensed to practice medicine and surgery in the State of Delaware, which, if not immediately provided, would likely result in either loss of life or subsequent permanent impairment.
"FLEX Examination" means the Federation Licensing Examination as promulgated by the Federation of State Medical Boards of the United States, Inc.
"Foreign Medical School" means any medical school located outside of the United States or Canada.
"Institutional License" means a certificate to practice medicine as outlined under 24 Del.C. §1722(a)(2).
LCME” means the examination given by the Medical Council of Canada.
National Boards” means the examination administered by the National Board of Medical Examiners.
"NBME" means National Board of Medical Examiners.
"NBOME" means National Board of Osteopathic Medical Examiners.
"SPEX" is the Special Proficiency Examination.
United States” means the 50 States and its territories or possessions.
"USMLE" means United States Medical Licensing Examination.
"VQE" means Visa Qualifying Examination as mandated by Public Law 94-484.
4.1.1.1.1 He or she meets all the requirements for licensure specified in 24 Del.C. §1720(b)(1) through (b)(6) excluding (b)(3); and
7.5 The former licensee may re-apply under the same conditions that govern applicants for new licensure under 24 Del.C. Ch. 17 and meeting any requirements for re-entry to practice established under Board Rule 8.7.
8.1 The phrase "dishonorable or unethical conduct likely to deceive, defraud, or harm the public" as used in 24 Del.C. 1731(b)(3) shall include, but not be limited to, the following specific acts:
12.1 Pursuant to the provisions of 24 Del.C. §1713(d) the Board adopts the following regulation regarding requirements for continuing medical education as a prerequisite for renewal of registrations to practice medicine in the State of Delaware. Prior to renewal of registrations to practice medicine in this State a physician must be prepared to supply the Board with proof that he has completed forty (40) hours per registration period of continuing medical education in Category I courses approved by the American Medical Association (AMA) or equivalent courses approved by the American Osteopathic Association (AOA) since the time of the physician's last renewal of his registration. Individuals enrolled in approved medical or osteopathic resident or fellowship training programs may be requested to submit proof of satisfactory participation in lieu of approved continuing medical education credits. Certification by the Medical Society of Delaware that a physician has completed such continuing medical education since the time of his last renewal of his registration shall be acceptable proof of completion of these requirements.
13.1.1.7.2 No supervising physician may supervise more than 4 physician assistants at any given time unless granted an exemption by the Board. As provided in 24 Del.C. §1771 (f) and (h) the Board may increase or decrease the number of physician assistants being supervised. The Board may issue an exemption to increase the number of physician assistants supervised by a physician upon written application filed by the supervising physician demonstrating good cause for the request. Requests for exemption will be considered on a case-by-case basis. The requesting physician has the burden of demonstrating that the granting of an exemption will not endanger the public health, safety, or welfare.
Conviction” means a verdict of guilty by whether entered by a judge or jury, or a plea of guilty or a plea of nolo contendere or other similar plea such as a “Robinson” or “Alford” plea unless the individual has been discharged under §4218 of Title 11 of the Delaware Code (probation before judgment) or under §1024 of Title 10 (domestic violence diversion program) or by §4764 of Title 16 (first offenders controlled substances diversion program).
Jurisdiction” Substantially similar crimes in another State or Jurisdiction including all crimes prohibited by or punishable under Title 18 of the United Stated Code Annotated (U.S.C.A.) such as, but not limited to, Federal Health Care offenses.
15.6 Any crime which involves offenses against a public health order and decency which may tend to bring discredit upon the profession, specifically including the below listed crimes from Title 11 of the Delaware Code Annotated which evidence a lack of appropriate concern for the safety and well being of another person or persons in general or sufficiently flawed judgment to call into question the individual’s ability to make health care decisions or advise upon health care related matters for other individuals.
15.10 The Board reserves the jurisdiction and authority to modify this regulation as and if it becomes necessary to either add or delete crimes including such additions as may be required on an emergency basis under 29 Del.C. §10119 to address imminent peril to the public health, safety or welfare. The Board also specifically reserves the jurisdiction to review any crime committed by an applicant for licensure as a physician and to determine whether to waive the disqualification under 24 Del.C. §1720(d).
17.1 Purpose: The Legislature has created the Board of Medical Licensure and Discipline to assure the protection of the public from persons who do not meet the minimum requirements for safe practice or who pose a danger to the public. Pursuant to 24 Del.C. §1713(f), the Board provides the disciplinary guidelines it will apply to licensees regulated under 24 Delaware Code, Chapter 17, after a full investigation and at the conclusion of a hearing after finding violations of the Board’s statute and/or regulations. The purpose of this rule is to notify applicants of the ranges of penalties which may be imposed unless the Board finds grounds to deviate from the guidelines due to aggravating or mitigating circumstances (Rules 31.12 and 31.13). The practice of medicine is already subject to both civil and criminal penalties. Recognizing its role as protector of the public’s health, safety, and welfare, the Board offers these guidelines as a means to improve the quality of medical care and not to enforce the penal code, a responsibility left to law enforcement and to the courts. The purpose of imposing discipline is to sanction licensees for violation; deter them from future violations; to offer opportunities for rehabilitation when appropriate; and to dissuade other applicants and licensees from committing disciplinable offenses.
Last Updated: December 31 1969 19:00:00.
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