DEPARTMENT OF ADMINISTRATIVE SERVICES
Division of Professional Regulation
24 DE Admin. Code 700 Statutory Authority: 24 Delaware Code,Section 706(a)(1)) (24 Del.C. 706(a)(1))
Summary Of The Evidence
There were no written or verbal comments concerning the proposed Rules and Regulations.
Findings Of Fact
The Board of Chiropractic ("Board") makes the following findings of fact pursuant to 29 Del.C. §10118(b):
Pursuant to 24 Del.C. §706(a), the Board proposed to revise its existing Rules and Regulations, so that retention of patient records will be required for seven (7) years, instead of three (3) years under Rule 5.3, and the terms "Chiropractor" and "Chiropractic Physician" would be included as titles of identification in addition to "Doctor of Chiropractic" under Rule 6.2.4.
Pursuant to 29 Del.C. §10115, notice was given to the public that a hearing would be held on June 20, 2002 at 8:30 a.m. in the Second Floor Conference Room of the Cannon Building, 861 Silver Lake Blvd., Dover, Delaware to consider the proposed revisions. Notice of the public hearing was published in the Delaware Register of Regulations dated May 1, 2002 and two Delaware newspapers of general circulation.
The notice invited the public to submit written comments regarding the proposed revisions.
A hearing was held on June 20, 2002, at which a quorum of the Board was present to hear public comment, deliberate and render a decision.
No written comments were received prior to and at the June 20, 2002 hearing and no person appeared at the hearing concerning the proposed revisions.
The Board reviewed and discussed the proposed revisions to Rules 5.3 and 6.2.4. Rule 5.3 is changed in order to be consistent with State law and regulations which require retention of medical records for 7 years. Rule 6.2.4 is changed to include commonly accepted titles used currently in the profession. The Board finds the proposed revisions serve to clarify and update 24 Del.C. Ch. 7 and its Rules and Regulations.
Text And Citation
The text of the Rules and Regulations hereby promulgated are as it appeared in the Delaware Register of Regulations, Vol. 5, Issue 11 (May 1, 2002), which is attached hereto and incorporated herein as Exhibit A with the revisions noted.
Decision And Order
NOW THEREFORE, by unanimous vote of the Board, it is the decision and order of the Board that the Rules and Regulations are adopted in the text as it appeared in the Delaware Register of Regulations, attached as Exhibit A with the revisions noted. A copy of the revised Rules and Regulations is attached hereto and incorporated herein as Exhibit B. The effective date of this Order and the Rules and Regulations is ten (10) days after the date the Order is published in its final form in the Delaware Register of Regulations pursuant to 29 Del.C. §10118(g).
IT IS SO ORDERED this __ day of _______, 2002.
State Of Delaware, Board Of Chiropractic:
Tamara Blossic, D.C., President
Hal Bowen, D.C., Professional Member
Bryan Errico, D.C., Professional Member
W. Monroe Hearne, Public Member
Rebecca Gates, Public Member
Michael Kelman, D.C., Professional Member
ATTEST:
Judy Letterman, Administrative Assistant to the Board
This is to certify that the above and foregoing is a true and correct copy of the Order of the Delaware State Board of Chiropractic in the Matter of Revision and Adoption of Rules and Regulations 5.3 and 6.2.4.
*Please note that no changes were made to the regulation as originally proposed and published in the May 2002 issue of the Register at page 1959 (5 DE Reg. 1959). Therefore, the final regulation is not being republished. Please refer to the May 2002 issue of the Register or contact the Division of Professional Regulation.