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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2014

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24 DE Admin. Code 500
The Delaware Board of Podiatry, pursuant to 24 Del.C. §506(a)(1), proposes to revise its regulations. The proposed amendments to the regulations seek to bring the regulations into conformity with operational procedures at the Division of Professional Regulation regarding license renewal, inactive status and continuing education attestation.
1.1 Pursuant to 24 Del.C. Ch. 5, the Delaware Board of Podiatry (“the Board”) is authorized to, and has adopted, these Rules and Regulations.
1.4 The Board shall elect officers, pursuant to 24 Del.C. §504 in January of each year.
Statutory authority: 24 Del.C. §503; 504; 506.
2.1 Application and Requirements for Licensure. Pursuant to 24 Del.C. §508, an applicant for licensure must meet the requirements of 24 Del.C. §508(a). An applicant for licensure must arrange to provide the Board with a copy of his or her record with the National Practitioners’ Data Bank. Upon completion of these requirements, the Board shall issue a license.
Statutory authority: 24 Del.C. §508.
2.5.1 Pursuant to 24 Del.C. §508(a)(2), each and every applicant for licensure by examination who has not satisfactorily completed an APMA approved hospital residency program shall complete a one year preceptorship, during which time the applicant’s clinical abilities and skills shall be under the observation and supervision of a preceptor, who shall be a Delaware licensed podiatrist, who has received the prior written approval of the Board to supervise the preceptorship of one or more candidates for licensure.
Statutory authority: 24 Del.C. §§508(a)(2)
3.1 Examination. Pursuant to 24 Del.C. §508 and 509, applicants for licensure must have taken an approved national examination and achieved the minimum passing score recommended by the testing service providing the examination. The approved national examination is the PMLexis administered by the National Board of Podiatry Medical Examiners (NBPME).
Statutory authority: 24 Del.C. §506(a)(3); 509.
4.1 In addition to other requirements for licensure by reciprocity set forth in 24 Del.C. §510, the Board may only approve licensure by reciprocity where said applicants are currently licensed in other state(s) whose requirements for registration or certification are substantially similar to those of the State of Delaware, or as set forth in Rules 4.3 and 4.4, below. Equivalency shall be determined by comparing the laws in effect at the time of application. Prior to issuing a license by reciprocity, the Board will determine whether said applicants have ever been disciplined or whether there are any disciplinary actions pending in any jurisdiction.
Statutory authority: 24 Del.C. §510.
5.1.1 Pursuant to 24 Del.C. §513(d), the Board will issue, without examination, an In-Training license to podiatric physicians who are (1) participating in this State in a residency program accredited by the Council on Podiatric Medical Education and (2) are otherwise qualified for licensure.
5.1.2.2 An affidavit of the podiatric physician seeking licensure certifying that he meets all the requirements for licensure specified in 24 Del.C. §508(a)(1) through (a)(7), excluding 24 Del.C. §508(a)(2). Parts I and II of the Podiatric Medical Licensing Examination for States (PM Lexis) exam must be satisfactorily completed prior to residency. Satisfactory completion of Part III of the PM Lexis exam will have to be completed by the end of the first year of residency.
5.2.1 Licenses may be renewed by submitting an online renewal application, paying the renewal fee set by the Division of Professional Regulation and attesting to completion of the required continuing education.
5.2.1.2 A licensee whose license lapses for non-renewal may renew within one year by submitting an online renewal application and paying the late fee required by 24 Del.C. §511 and having completed all continuing education required for renewal. Late renewals shall be audited for satisfactory completion of the continuing education requirement.
5.2.23 If a licensee allows his or her license to lapse for over one year and has not been granted inactive status, that licensee must reapply for licensure in the same manner as a new applicant.
5.2.34 It shall be the responsibility of all licensees, active or inactive, to keep the Board informed of any change in name, home or business address.
5.2.45 License renewal may shall be accomplished online at http://dpr.delaware.gov.
5.3.1 A licensee may be placed on inactive status by the Board for a period of no more than five (5) years. Requests for inactive status shall be made, in writing, to the Board and requests which exceed one (1) year shall be renewed biennially at the time of regular license renewals. After application to the Board and payment of a renewal fee, an inactive licensee may obtain a new license and re-enter active practice after completion of the continuing education requirements below.
6.2 Each practitioner shall be exempt from the continuing education requirement in the first biennial licensing period, or any portion thereof, in which he is licensed to practice in Delaware. During the renewal process, a practitioner shall attest to his satisfactory completion of the continuing education requirements for the previous two (2) years. Attestation may shall be completed electronically if the renewal is accomplished online. In the alternative, paper renewal documents that contain the attestation of completion may be submitted. Each licensee must maintain a Podiatry CME log, on a form to be supplied by the Board, indicating the date, title, sponsor, and number of hours the licensee attended, for each continuing education program submitted for credit. Random audits will be performed by the Board to ensure compliance with the continuing education requirement. Licensees selected for the random audit shall submit validated documents which evidence satisfactory completion of the continuing education requirements for the previous two (2) years. The Board reserves the right to request additional documentation, such as copies of program materials, to verify CME compliance in the course of a random audit.
Statutory authority: 24 Del.C. §§506(a)(7).
7.2.4 If a hearing has been requested by the Deputy Attorney General, a copy of these Rules and Regulations shall be provided to the respondent upon request. The notice of hearing shall fully comply with 29 Del.C. §10122 and 10131 pertaining to the requirements of the notice of proceedings. All notices shall be sent to the respondent’s address as reflected in the Board’s records.
9.0 Definitions - The following words and terms, when used in this regulation, should have the following meaning unless the context clearly indicates otherwise:
“Conviction”, unless otherwise defined by specific statute, 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).
“Substantially similar crimes in another State or Jurisdiction”, shall include 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.
9.5 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.
Last Updated: December 31 1969 19:00:00.
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