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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2016

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Regulatory Flexibility Act Form

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24 DE Admin. Code 700
The Delaware Board of Chiropractic, pursuant to 24 Del.C. §706(a)(1), proposes to revise its regulations. The proposed regulation further refines the practice of chiropractic and provides for student internships.
"Chiropractic Preceptor" means any person licensed as a doctor of chiropractic in the State of Delaware who is approved by the Board to supervise chiropractic students in the performance of chiropractic at a location other than the premises of the chiropractic college in which the student is enrolled.
"Supervision and direction" means that a duly authorized instructor or chiropractic preceptor shall be within the immediate patient treatment area, the clinic proper, and available to the students at all times.
2.1.2 CE hours must be completed within the biennial licensure period for which they are being applied. Only six CE hours can be carried over into a subsequent licensure period.
2.1.8 The subject matter of all Continuing Education must contribute directly to the competency of a person licensed to practice as a Chiropractor. The activity must have a significant intellectual or practical content and deal with chiropractic techniques, issues or ethical standards relevant to the practice of chiropractic.
2.3 Hardship. For good cause, the Board may grant extensions of the CE deadline or may grant waivers of the CE requirements. Good cause includes, but is not limited to disability, serious illness, extended absence from the country, exceptional family responsibilities, or unique personal hardship that is not the result of professional negligence or inadvertence. Requests for hardship extensions or waivers must be submitted to the Board in writing before the end of the licensing period for which the request is sought.
2.4.1 CE courses that are presented by a Chiropractic college accredited by the Council on Chiropractic Education (CCE) and are related to the practice of Chiropractic are approved, except courses on practice management or law other than Delaware law. These colleges and organizations do not have to submit Continuing Education Approval forms. It is the provider’s responsibility to post and advertise their CE courses available.
2.4.2 In order for licensees to receive credit for CE courses not sponsored by a Chiropractic college accredited by the CCE or presented by any other national or state Chiropractic organization, the course must be approved by the Board before the deadline for submission of a licensee’s renewal application.
2.4.2.1 CE course participants and providers may apply for pre-approval of courses by submitting a written request for approval that must include a program agenda, a syllabus indicating the time spent on each topic, the names and resumes of the presenters, and the number of CE hours requested. The Board may approve less than the number of hours requested.
2.5 Board approval of a licensee’s CE hours in a specialty area is not a Board endorsement of the licensee’s competence to practice that specialty.
3.2 Verification of CE hours shall be by attestation. Attestation shall be completed electronically.
3.3 Post-Renewal Audit. The Board will conduct random audits of renewal applications to ensure the veracity of attestations and compliance with the renewal requirements. Licensees selected for the random audit shall submit CE course attendance verification in the form of a certificate of attendance or completion that must be signed by the course presenter or by a designated official of the sponsoring organization. Licensees found to be deficient or found to have falsely attested may be subject to disciplinary proceedings and may have their license suspended or revoked. All licensees renewing during the late renewal period shall be audited.
4.2 In order to reactivate an inactive license, the licensee must make a written request to the Board, submit 24 continuing education hours, and pay the renewal fee before the expiration date of the inactive status. If the written request to become active is not received before the expiration date, the licensee will have to reapply and meet the requirements of a new applicant regardless of the way they were originally licensed.
A Chiropractor licensed in another state, but not licensed in the State of Delaware may only practice chiropractic within the State of Delaware in consultation with a duly Delaware licensed Chiropractor for not more than ten (10) consultations in any twelve (12) month period. The, which consultations shall be limited to examination, recommendation, or testimony in litigation. The Delaware licensed Chiropractor must inform the Board that a consulting Chiropractor is consulting with them and inform the Board of the terms of the consulting agreement.
4 DE Reg. 1940 (6/1/01)
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.
9.7 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.
9.11 The Board reserves the jurisdiction and authority to modify this regulation as necessary 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 chiropractor and to determine whether to waive the disqualification under 24 Del.C. §707(a)(5).
Last Updated: December 31 1969 19:00:00.
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