DEPARTMENT OF STATE
Division of Professional Regulation
1700 Board of Medical Practice
The Delaware Board of Medical Practice in accordance with 24 Del.C. §1713(a)(12)has proposed changes to its rules and regulations as mandated by HB 236 (codified at 24 Del.C. §1761). The proposal creates a new regulation establishing a schedule of the maximum fees that may be charged by a physician when a patient requests a copy of their records to be transferred to another physician and/or wishes to obtain a copy of their own medical records directly from the physician.
A public hearing will be held on March 3, 2009 at 3:00 p.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Delaware Board of Medical Practice, 861 Silver Lake Blvd, Cannon Building, Suite 203, Dover DE 19904. Persons wishing to submit written comments may forward these to the Board at the above address. The final date to receive written comments will be at the public hearing.
The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.
Division of Professional Regulation
2930 Council on Real Estate Appraisers
Pursuant to 24 Del.C. §4006(a)(1), the Council on Real Estate Appraisers has proposed revisions to its rules and regulations.
The public hearing has been rescheduled for March 17, 2009 at 9:45 a.m. in the second floor conference room A of the Cannon Building, 861 Silver Lake Boulevard, Dover, Delaware, where members of the public can offer comments. Anyone wishing to receive a copy of the proposed rules and regulations may obtain a copy from the Council on Real Estate Appraisers, 861 Silver Lake Boulevard, Dover, Delaware 11904. Persons wishing to submit written comments may forward these to the Council at the above address. The final date to receive written comments will be at the public hearing.
The Council proposes amendments to Rule 2.5, which addresses the Council’s continuing education audit. The Council will audit a minimum of 25% of the licensees during each renewal period. In addition, Rule 2.5.4 is added to expressly give the Board authority to conduct hearings and impose the full range of sanctions available under 24 Del.C. §4016 when licensees fail to comply with continuing education requirements.
Several Rules concerning the specific continuing education requirements are also revised. Rule 220.127.116.11 is amended to state that, beginning on November 1, 2009, during each renewal period, all licensees must complete three hours of education on Delaware Law, Rules and Regulations. Currently, only two hours of education in this subject matter are required. Rule 2.5.10 is amended to clarify that the requirement that 14 hours of education per licensure period must be taken in a traditional classroom setting begins November 1, 2009. The provision that the seven hour USPAP update course must be taken in a classroom is stricken. Rule 2.5.11 is revised to state that all courses must be approved by the Council to qualify as continuing education.
Pursuant to the new Rule 2.5.13, a hardship provision is added, which will give the Council discretion to grant an extension for completion of continuing education in certain specified circumstances.
Finally, Rule 4.2.4 is amended for greater clarity. This Rule provides that, for a certain period of time, a licensee who has been sanctioned by the Council is prohibited from supervising trainees. The revisions clarify the parameters of this prohibition and add an exemption for licensees who were sanctioned prior to July 1, 2009.
The proposed amendments strengthen continuing education standards. Further, pursuant to the revisions, the Council will be given the authority to impose a full range of sanctions on licensees who do not comply with continuing education requirements. The Rule prohibiting licensees with disciplinary histories from supervising trainees is clarified. Therefore, the proposed revisions will serve to protect the public from unsafe practices and enhance practitioner competence.
The Council will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.
12 DE Reg. 1119 (02/01/09)