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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2018

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24 DE Admin. Code 500
The Delaware Board of Podiatry pursuant to 24 Del.C. §506(a)(1), proposed to revise its regulations. The proposed changes to Regulation nine eliminate several crimes that are listed as substantially related to the practice of podiatry.
Following publication in the Delaware Register of Regulations on April 1, 2017, a public hearing was held on June 7, 2017, at a regularly scheduled meeting of the Delaware Board of Podiatry to receive verbal comments regarding the Board's proposed amendments to its regulations. No comments were submitted at that time.
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;
3. Pursuant to 24 Del.C. §506(a)(1) the Board has statutory authority to promulgate rules and regulations clarifying specific statutory sections of its statute.
NOW THEREFORE, pursuant to 24 Del.C. §506(a)(1) and for the reasons set forth above, the Board of Podiatry does hereby ORDER that the regulations be, adopted and promulgated as set forth in the Delaware Register of Regulations. 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). The new regulations are attached hereto as Exhibit A.
SO ORDERED this 6th day of September, 2017.
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.
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. 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 A licensee whose license lapses for non-renewal may renew within one year by 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.
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.
9.1.31 §603. Reckless endangering in the second degree;
9.1.42 §604. Reckless endangering in the first degree;
9.1.53 §605. Abuse of a pregnant female in the second degree;
9.1.64 §606. Abuse of a pregnant female in the first degree;
9.1.75 §611. Assault in the third degree;
9.1.86 §612. Assault in the second degree;
9.1.97 §613. Assault in the first degree;
9.1.108 §614. Assault on a sports official.
9.1.119 §615. Assault by abuse or neglect;
9.1.1210 §621. Terroristic threatening;
9.1.1311 §625. Unlawfully administering drugs;
9.1.1412 §626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs;
9.1.1613 §628. Vehicular assault in the second degree;
9.1.1714 §629. Vehicular assault in the first degree;
9.1.1815 §630. Vehicular homicide in the second degree;
9.1.1916 §630A. Vehicular homicide in the first degree;
9.1.2017 §631. Criminally negligent homicide;
9.1.2118 §632. Manslaughter;
9.1.2219 §633. Murder by abuse or neglect in the second degree;
9.1.2320 §634. Murder by abuse or neglect in the first degree;
9.1.2421 §635. Murder in the second degree;
9.1.2522 §636. Murder in the first degree;
9.1.2923 §763. Sexual harassment;
9.1.3124 §765. Indecent exposure in the first degree;
9.1.3225 §766. Incest;
9.1.3326 §767. Unlawful sexual contact in the third degree;
9.1.3427 §768. Unlawful sexual contact in the second degree;
9.1.3528 §769. Unlawful sexual contact in the first degree;
9.1.3629 §770. Rape in the fourth degree;
9.1.3730 §771. Rape in the third degree;
9.1.3831 §772. Rape in the second degree;
9.1.3932 §773. Rape in the first degree;
9.1.4033 §776 774. Sexual extortion;
9.1.4234 §778 776. Continuous sexual abuse of a child;
9.1.4335 §780. Female genital mutilation.
9.1.4436 §781. Unlawful imprisonment in the second degree;
9.1.4537 §782. Unlawful imprisonment in the first degree;
9.1.4638 §783. Kidnapping in the second degree;
9.1.4739 §783A. Kidnapping in the first degree;
9.1.4840 §785. Interference with custody;
9.1.4941 §791. Acts constituting coercion;
9.2 Any crime which involves dishonesty or false, fraudulent or aberrant behavior and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated Crimes of dishonesty or aberrant behavior:
9.2.64 §820. Trespassing with intent to peer or peep into a window or door of another;
9.2.95 §823. Criminal trespass in the first degree;
9.2.106 §824. Burglary in the third degree;
9.2.117 §825. Burglary in the second degree;
9.2.128 §826. Burglary in the first degree;
9.2.139 §828. Possession of burglar’s tools or instruments facilitating theft;
9.2.1410 §831. Robbery in the second degree;
9.2.1511 §832. Robbery in the first degree.
9.2.1612 §835. Carjacking in the second degree;
9.2.1713 §836. Carjacking in the first degree;
9.2.1814 §840. Shoplifting; class G felony;
9.2.2015 §841. Theft;
9.2.2116 §842. Theft; lost or mislaid property; mistaken delivery.
9.2.2217 §843. Theft; false pretense.
9.2.2318 §844. Theft; false promise.
9.2.2419 §845. Theft of services.
9.2.2520 §846. Extortion;
9.2.2921 §851. Receiving stolen property;
9.2.3122 §854. Identity theft;
9.2.3423 §861. Forgery; class F felony;
9.2.3524 §862. Possession of forgery devices;
9.2.3625 §871. Falsifying business records;
9.2.3826 §873. Tampering with public records in the second degree;
9.2.3927 §876. Tampering with public records in the first degree;
9.2.4028 §877. Offering a false instrument for filing;
9.2.4129 §878. Issuing a false certificate;
9.2.4230 §881. Bribery;
9.2.4331 §882. Bribe receiving;
9.2.4432 §891. Defrauding secured creditors;
9.2.4533 §892. Fraud in insolvency;
9.2.4734 §900. Issuing a bad check;
9.2.4835 §903. Unlawful use of credit card;
9.2.4936 §903A. Reencoder and scanning devices;
9.2.5037 §906. Deceptive business practices;
9.2.5138 §907. Criminal impersonation;
9.2.5239 §907A. Criminal impersonation, accident related;
9.2.5340 §907B. Criminal impersonation of a police officer;
9.2.5941 §913. Insurance fraud;
9.2.6042 §913A. Health care fraud;
9.3 Any crime which involves misuse or abuse of children or animals and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated Crimes involving children or animals:
9.3.1 §1100A. Dealing in children;
9.3.4 §1105. Endangering the welfare of an incompetent person Crime against a vulnerable adult;
9.3.2013 §1325. Cruelty to animals;
9.3.2214 §1326. Animals; fighting and baiting prohibited;
9.3.2315 §1327. Maintaining a dangerous animal;
9.4 Any crime which involves offenses against the public order the commission of which may tend to bring discredit upon the profession and which are thus substantially related to one’s fitness to practice such profession and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated Crimes against public order:
9.4.53 §1207. Improper influence;
9.4.64 §1211. Official misconduct;
9.4.75 §1212. Profiteering.
9.4.86 §1221. Perjury in the third degree;
9.4.97 §1222. Perjury in the second degree;
9.4.108 §1223. Perjury in the first degree;
9.4.119 §1233. Making a false written statement;
9.4.1210 §1239. Wearing a disguise during the commission of a felony;
9.4.1311 §1240. Terroristic threatening of public officials or public servants;
9.4.1512 §1243. Obstructing fire-fighting operations;
9.4.1613 §1244. Hindering prosecution;
9.4.1714 §1245. Falsely reporting an incident;
9.4.1815 §1246. Compounding a crime;
9.4.2016 §1249. Abetting the violation of driver’s license restrictions;
9.4.2117 §1250. Offenses against law-enforcement animals;
9.4.2218 §1251. Escape in the third degree;
9.4.2319 §1252. Escape in the second degree;
9.4.2420 §1253. Escape after conviction;
9.4.2521 §1254. Assault in a detention facility;
9.4.2722 §1259. Sexual relations in detention facility;
9.4.2923 §1261. Bribing a witness;
9.4.3024 §1262. Bribe receiving by a witness;
9.4.3125 §1263. Tampering with a witness;
9.4.3226 §1263A. Interfering with child witness.
9.4.3327 §1264. Bribing a juror;
9.4.3428 §1265. Bribe receiving by a juror;
9.4.3529 §1266. Tampering with a juror;
9.4.3630 §1267. Misconduct by a juror;
9.4.3731 §1269. Tampering with physical evidence;
9.4.3832 §1271. Criminal contempt;
9.4.3933 §1271A. Criminal contempt of a domestic violence protective order;
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. Crimes against public health and decency:
9.5.31 §1304. Hate crimes;
9.5.52 §1312. Aggravated harassment Stalking;
9.5.63 §1312A. Stalking;
9.5.74 §1313. Malicious interference with emergency communications;
9.5.175 §1335. Violation of privacy;
9.5.186 §1338. Bombs, incendiary devices, Molotov cocktails and explosive devices;
9.5.197 §1339. Adulteration;
9.5.208 §1340. Desecration of burial place.
9.5.249 §1351. Promoting prostitution in the third degree;
9.5.2510 §1352. Promoting prostitution in the second degree;
9.5.2611 §1353. Promoting prostitution in the first degree;
9.5.2812 §1361. Obscenity; acts constituting;
9.5.2913 §1365. Obscene literature harmful to minors;
9.6 Any crime which involves the illegal possession or the misuse or abuse of narcotics, or other addictive substances and those non-addictive substances with a substantial capacity to impair reason or judgment and shall include by way of example and not of limitation the following crimes listed in Chapter 47 of Title 16 of the Delaware Code Annotated Drug related crimes:
9.6.2 §4752 (Former). Prohibited acts B;
9.6.4 §4753 (Former). Prohibited acts C.
9.6.6 §4754 (Former). Prohibited acts D;
9.6.129 §4761 (Former). Distribution to persons under 21 years of age;
9.6.1310 §4761A. Purchase of drugs from minors;
9.6.1411 §4767 (Former). Distribution, delivery, or possession of controlled substance within 1,000 feet of school property;
9.6.1512 §4768 (Former). Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship.
9.6.19 Drug paraphernalia; felony. 16 Del.C. §4771(a) and (b).
9.7 Any crime which involves the misuse or illegal possession or sale of a deadly weapon or dangerous instrument and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated Weapons related crimes:
9.7.1513 §1454. Giving a firearm to person prohibited;
9.7.1614 §1455. Engaging in a firearms transaction on behalf of another;
9.7.1715 §1456. Unlawfully permitting a minor access to a firearm;
9.7.1816 §1457. Possession of a weapon in a Safe School and Recreation Zone;
9.7.1917 §1458. Removing a firearm from the possession of a law enforcement officer;
9.7.2018 §1459. Possession of a weapon with a removed, obliterated or altered serial number;
9.7.2319 §1504. Criminal Penalties for Organized Crime & Racketeering Offenses Involving Intimidation of Victims or Witnesses
9.7.2420 §3533. Aggravated act of intimidation, Class D felony
9.7.2521 §3532. Acts of Intimidation: Class E felony
9.7.37 Title 7 §1717. Unauthorized acts against a service guide or seeing eye dog.
9.7.4222 §3532. Act of intimidation;
9.7.4323 §3533. Aggravated act of intimidation;
9.7.4424 §3534. Attempt to intimidate;
9.7.4925 Title 12 §210. Alteration, theft or destruction of Will.
9.7.5026Title 16 §1136. Abuse or neglect of a patient or resident of a nursing facility.
9.7.5127 Title 21 §2118A. Unlawful possession or manufacture of proof of insurance;
9.7.6328 Title 23 §2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs; felony.
9.7.6829 §4177. Driving a vehicle while under the influence or with a prohibited alcohol content; evidence; arrests; and penalties.; felony
9.7.6930 §4177M. Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs;
9.7.8531 Title 30 §571. Attempt to evade or defeat tax;
9.7.8632 §572. Failure to collect or pay over tax;
9.7.8733 §573. Failure to file return, supply information or pay tax;
9.7.9134 §3913. Welfare violations [knowing or reckless abuse of an infirm adult]
Last Updated: December 31 1969 19:00:00.
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