Regulatory Flexibility Act Form
Statutory Authority: 24 Delaware Code, Section 1799I(c) (24 Del.C. §1799I(c))
24 DE Admin. Code 1799
Pursuant to 24 Del.C. §1799I(c), the Genetic Counselor Advisory Council (“the Council”) of the Delaware Board of Medical Licensure and Discipline has proposed revisions to its rules and regulations pertaining to license renewal and continuing education requirements.
A public hearing will be held on March 4, 2016 at 3:30 p.m. in the second floor conference room B 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 Genetic Counselor Advisory Council, 861 Silver Lake Boulevard, Dover, Delaware 19904. Persons wishing to submit written comments may forward these to the Council at the above address. Pursuant to 29 Del.C. §10118(a), the final date to receive written comments will be March 19, 2016, which is 15 days following the public hearing.
"Board" means Delaware Board of Medical Licensure and Discipline.
"Council" means the Genetic Counselor Advisory Council of the Board of Medical Licensure and Discipline.
"Crime Substantially Related to the Practice of Genetic Counseling" means those crimes identified in Rule 29 of the Rules and Regulations of the Board of Medical Licensure and Discipline.
4.1 Each license shall be renewed biennially. The failure of the Council and/or Board to notify a licensee of his/her expiration date and subsequent renewals does not, in any way, relieve the licensee of the requirement to renew his/her certificate pursuant to the regulations of the Council and 24 Del.C. Ch. 17, Subchapter 11.
4.2 Renewal may be effected by: License renewal shall be accomplished online at www.dpr.delaware.gov and shall include:
4.2.31 attesting on the renewal application to having completed attestation of completion of the continuing education required by Rule 5.0; and
4.35 Failure of a licensee to renew his/her license shall cause his/her license to expire. A licensee whose license has expired may renew his/her license within one (1) year after the expiration date upon fulfilling items 4.2.1 - 4.2.4 and 4.2.2 above, certifying that he/she has not practiced genetic counseling in Delaware while his/her license has expired, and paying the renewal fee and a late fee as determined by the Division of Professional Regulation.
4.46 No licensee will be permitted to renew his/her license once the one (1) year period has expired.
4.57 The former licensee may re-apply under the same conditions that govern applicants for new licensure under 24 Del.C. Ch. 17, Subchapter 11.
4.68 No genetic counselor shall practice in the State of Delaware during the period of time that his/her Delaware license has expired.
5.1.1 Licensees are required to complete five (5) three (3) Continuing Education Units (CEU) biennially. A continuing education unit is equivalent to ten contact hours (a contact hour is 60 minutes). Licensees shall retain all certificates and other documented evidence of participation in an approved/accredited continuing education program for a period of at least (5) five years.
5.1.5 CEU hours shall be prorated for new licensees. A licensee for renewal shall follow the following schedule of reporting CEUs: if, at the time of renewal, you have been licensed for less than one year, NO continuing education is required; licensed for more than one year, but less than two years, half of the continuing education (21.5 CEUs) is required, all of which shall be Category 1 CEUs pursuant to Rule 5.3.2; licensed for two or more years, the full amount (53 CEUs) is required.
5.3.2.2 The percentage of CEUs obtained in each category should be scaled to fit the biennial renewal period. The breakdown of CEUs should shall be as follows: ABGC guidelines for recertification and be scaled for the renewal period. For example current guidelines state: at least 60% 2 Category 1 CEUs, and up to but no more than 40% 1 Category 2 CEU.s, PACs may substitute for up to .06 Category 1 CEU.s for up to 20% of the total CEUs. Therefore, for a full 2 year renewal cycle the CEU breakdown should be comprised of at least 3.0 Category 1 CEUs, up to but no more than 2.0 Category 2 CEUs. If using PACs the breakdown would be as follows: at least 2.0 Category 1 CEUs, up to but no more than 2.0 Category 2 CEUs and up to but no more than 1.0 PACs.
6.3.1 The Council shall review all documentation requested of any licensee shown on the audit list. If the Council determines the licensee has met the requirements, the licensee's license shall remain in effect. If the Council determines the licensee has not met the requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. This hearing will be conducted to determine if there are any extenuating circumstances justifying the apparent noncompliance with these regulations. Unjustified noncompliance with these regulations shall be considered unprofessional conduct and grounds for discipline pursuant to 24 Del.C. §1799P(a)(5), subject to final approval of the Council's written recommendation by the Board.
Pursuant to 24 Del.C. §1799P(a)(6) the crimes determined by the Board to be substantially related to the practice of medicine are also determined to be substantially related to the practice of genetic counseling and may result in the denial of a license and/or disciplinary action against a licensee.