reglab/housing_qa huggingface dataset:
24 DE Code § 1734. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter IV. Disciplinary Regulation; Proceedings of the Board|§ 1734. Hearings.

§ 1734. Hearings. (a) [Repealed.] (b) Open hearings. — A hearing on a complaint conducted by a hearing panel or examiner is open to the public, except the Board may conduct executive session for deliberations and purposes permitted by § 10004 of Title 29. A formal hearing on a complaint before the Board is open to the public in accordance with the provisions of § 10004 of Title 29. (c)-(h) [Repealed.] (i) Hearings shall be conducted pursuant to the Administrative Procedures Act [Chapter 101 of Title 29]. Upon receiving a decision and order the Executive Director shall file the required disciplinary action reports to data banks. 60 Del. Laws, c. 462, §  1;  61 Del. Laws, c. 68, §  7;  64 Del. Laws, c. 327, §  4;  64 Del. Laws, c. 477, §  6;  65 Del. Laws, c. 66, §  1;  67 Del. Laws, c. 226, §  14;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 102, §  21;  75 Del. Laws, c. 141, §  1;  77 Del. Laws, c. 321, §  6;  77 Del. Laws, c. 325, §§  15-19;  81 Del. Laws, c. 97, § 5;
24 DE Code § 1735. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter IV. Disciplinary Regulation; Proceedings of the Board|§ 1735. Revocation or suspension of certificate.

§ 1735. Revocation or suspension of certificate. (a) If the Board determines pursuant to this subchapter that a fine and/or the restriction, suspension, or revocation of a certificate to practice medicine and/or any other disciplinary action or other action is warranted, an order describing the Board's action must be served personally or sent by certified mail, return receipt requested, to the certificate holder. In addition, copies of the order must be filed in the office of the Board, in the Division of Professional Regulation, in the Division of Public Health of the Department of Health and Social Services, and with the Director of Revenue. Upon receipt of an order of the Board revoking or suspending a certificate to practice medicine, the Director of Revenue shall forthwith revoke or suspend the occupational license to practice medicine issued by the Director and comply with any terms of the order applicable to the Division of Revenue. (b) The Director of Revenue may not issue an occupational license or a license renewal to any person whose certificate to practice medicine has been revoked or suspended by the Board, unless issuance is in conformity with the terms and conditions of the order of revocation or suspension, or in conformity with any order of reinstatement issued by the Board, or in accordance with a final judgment in any proceeding for review instituted under this chapter. 60 Del. Laws, c. 462, §  1;  61 Del. Laws, c. 68, §  6;  67 Del. Laws, c. 226, §  15;  71 Del. Laws, c. 102, §§  22, 23;  75 Del. Laws, c. 141, §  1;
24 DE Code § 1736. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter IV. Disciplinary Regulation; Proceedings of the Board|§ 1736. Appeal procedures.

§ 1736. Appeal procedures. (a) A person against whom a decision of the Board has been rendered may appeal the decision to the Superior Court in the county in which the offense occurred. (b) An appeal pursuant to this section must be filed within 30 days after the day the written decision and order of the Board is issued. (c) An appeal pursuant to this section is on the record of the Board hearing, without a trial de novo. (d) A Board action revoking, suspending, or otherwise restricting a person's certificate to practice medicine is not stayed upon appeal unless so ordered by the Superior Court. (e) A person whose certificate to practice medicine has been suspended or otherwise restricted may, after the expiration of 90 days from the decision of the Superior Court, or of the Supreme Court if the decision of the Superior Court is appealed, or after 90 days from the decision and order of the Board if no appeal is taken, apply to the Board to have the certificate reinstated or reissued for good cause shown. 60 Del. Laws, c. 462, §  1;  67 Del. Laws, c. 226, §  16;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 141, §  1;
24 DE Code § 1737. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter IV. Disciplinary Regulation; Proceedings of the Board|§ 1737. Confidentiality of records.

§ 1737. Confidentiality of records. Release of records of the Board is governed by the provisions of the Freedom of Information Act, Chapter 100 of Title 29. 60 Del. Laws, c. 462, §  1;  67 Del. Laws, c. 226, §  17;  75 Del. Laws, c. 141, §  1;
24 DE Code § 1739. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter IV. Disciplinary Regulation; Proceedings of the Board|§ 1739. Protection from liability.

§ 1739. Protection from liability. Pursuant to the State Early Opt-in provision of 42 U.S.C. § 11111(c)(2), the protection from liability set forth in 42 U.S.C. § 11111(a) applies to professional review actions, as defined in 42 U.S.C. § 11151, commenced on or after Sept. 10, 1988. 66 Del. Laws, c. 357, §  1;  75 Del. Laws, c. 141, §  1;
24 DE Code § 1741. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter IV. Disciplinary Regulation; Proceedings of the Board|§ 1741. Complaints of unsanitary or unsafe conditions.

§ 1741. Complaints of unsanitary or unsafe conditions. (a) A person certified or licensed under this chapter may be disciplined by the Board for maintaining a facility in an unsanitary or unsafe condition, by means of levying a fine, or by the restriction, suspension, or revocation, either permanent or temporary, of that person's certificate or license, or by other appropriate action, which may include a requirement that a person who is disciplined must complete specified continuing education courses. For purposes of this section, “facility” shall have the same meaning as defined in § 122(3)y.3.C. of Title 16. (b) The Division shall have the authority to conduct inspections upon receipt of any complaint in connection with subsection (a) of this section or upon the occurrence of an adverse event as defined in § 122(3)y.3.A. of Title 16 and, as applicable, to refer such information to the Department of Health and Social Services pursuant to § 122(3)y. of Title 16. In connection herewith, the Division may share information with the Department of Health and Social Services in accordance with applicable law. 78 Del. Laws, c. 15, §  2;
24 DE Code § 1760. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter V. Miscellaneous Provisions|§ 1760. Determination of death.

§ 1760. Determination of death. (a) An individual who has sustained either:  (1) Irreversible cessation of circulatory and respiratory functions or (2) Irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death pursuant to this section must be made in accordance with accepted medical standards. (b) A determination of death pursuant to this section may be made by a person certified to practice medicine under this chapter by either:  (1) Personal examination of the individual believed to be dead, or (2) The use of information provided by an EMT-P (paramedic) using telemetric or transtelephonic means in accordance with protocols approved by the Board of Medical Licensure and Discipline, following recommendations of the Board's Advanced Life Support Committee. (c) This section must be applied and construed to effectuate its general purpose to make uniform the law with respect to the determination of death among states enacting it. (d) This section may be cited as the “Uniform Determination of Death Act”. 65 Del. Laws, c. 237, §  1;  67 Del. Laws, c. 156, §  1;  75 Del. Laws, c. 141, §  1;  77 Del. Laws, c. 319, §  1;
24 DE Code § 1761A. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter V. Miscellaneous Provisions|§ 1761A. Appointment of a custodian of patient records.

§ 1761A. Appointment of a custodian of patient records. (a) If the Board receives a formal or informal complaint concerning access to patient records as a result of a physician's physical or mental incapacity, or abandonment or involuntary discontinuation of a medical-practice business in this State, the Board may temporarily or permanently appoint a person or entity as custodian of the physician's patient records, in accordance with the procedures set forth in § 1732 of this title. (b) The custodian of patient records appointed under this section shall notify the physician's patients of record to that effect by publishing notice in a newspaper of daily circulation in the area where the physician practiced. The notice must be published at least 1 time per month over a 3-month period after the appointment of the custodian and must explain how a patient can procure that patient's records. All patients who have not requested their records 30 days after such publication must be notified by first-class mail by the custodian to permit the patients to procure their records. Any patient records that have not been procured within 7 years after the appointment of the custodian may be permanently disposed of in a manner that ensures confidentiality of the records. (c) A custodian of patient records appointed under this section who disposes of patient records in accordance with the provisions of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient's records. (d) The Board shall establish a registry of physicians and healthcare entities who are willing to serve as records custodians. 77 Del. Laws, c. 325, §  22;  81 Del. Laws, c. 97, § 6;
24 DE Code § 1762. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter V. Miscellaneous Provisions|§ 1762. Reports of treatment of certain wounds, injuries, poisonings, or other conditions; failure to report; penalty.

§ 1762. Reports of treatment of certain wounds, injuries, poisonings, or other conditions; failure to report; penalty. (a) Every person certified to practice medicine who attends to or treats a stab wound; poisoning by other than accidental means; or a bullet wound, gunshot wound, powder burn, or other injury or condition arising from or caused by the discharge of a gun, pistol, or other firearm, or when such injury or condition is treated in a hospital, sanitarium, or other institution, the person, manager, superintendent, or other individual in charge shall report the injury or condition as soon as possible to the appropriate police authority where the attending or treating person was located at the time of treatment or where the hospital, sanitarium, or institution is located. This section does not apply to wounds, burns, poisonings, or injuries or conditions received by a member of the armed forces of the United States or the State while engaged in the actual performance of duty. A person who fails to make a report required by this section shall be fined not less than $100 nor more than $2,500. (b) A person certified to practice medicine or other individual who makes a report pursuant to this section is immune from liability for the report, provided that the person or other individual acted in good faith and without gross or wanton negligence. 24 Del. C. 1953, §  1762;  50 Del. Laws, c. 369, §  1;  65 Del. Laws, c. 123, §  1;  75 Del. Laws, c. 141, §  1;
24 DE Code § 1763. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter V. Miscellaneous Provisions|§ 1763. Reports of persons who are subject to losses of consciousness; limitation on use; failure; penalty.

§ 1763. Reports of persons who are subject to losses of consciousness; limitation on use; failure; penalty. Every physician attending or treating persons who are subject to losses of consciousness due to disease of the central nervous system shall report within 1 week to the Division of Motor Vehicles the names, ages and addresses of all such persons unless such person's infirmity is under sufficient control to permit the person to operate a motor vehicle with safety to person and property. The reports shall be for the information of the Division of Motor Vehicles in enforcing the Motor Vehicle Law. Said reports shall be kept confidential and used solely for the purpose of determining the eligibility of any person to operate a motor vehicle on the highways of this State. A physician failing to make such a report shall be fined not less than $5.00 nor more than $50 and costs for each such report the physician fails to make. 24 Del. C. 1953, §  1763;  50 Del. Laws, c. 369, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 451, §§  1, 2;  75 Del. Laws, c. 141, §  1;
24 DE Code § 1764. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter V. Miscellaneous Provisions|§ 1764. State revenue.

§ 1764. State revenue. The provisions of this chapter may not be construed to interfere with the operation of the provisions of Title 29 relating to state licenses and taxes. 20 Del. Laws, c. 40, §  19;  Code 1915, §  853;  Code 1935, §  934;  24 Del. C. 1953, §  1765;  49 Del. Laws, c. 235;  50 Del. Laws, c. 369, §  1;  75 Del. Laws, c. 141, §  1;
24 DE Code § 1765. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter V. Miscellaneous Provisions|§ 1765. Construction of chapter relating to the ADA.

§ 1765. Construction of chapter relating to the ADA. This chapter may not be construed to conflict with, replace, restrict, or supersede applicable provisions of the Americans with Disabilities Act (ADA) [42 U.S.C. § 12101 et seq. If a provision of this chapter is in conflict with an applicable provision of the ADA, the applicable provision of the ADA controls the interpretation of the chapter. 75 Del. Laws, c. 141, §  1;
24 DE Code § 1766. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter V. Miscellaneous Provisions|§ 1766. Penalties [See conflicting amendment, unable to be implemented, in 75 Del. Laws, c. 161, § 5.]

§ 1766. Penalties [See conflicting amendment, unable to be implemented, in 75 Del. Laws, c. 161, § 5.] (a) A person who practices or attempts to practice medicine contrary to the provisions of this chapter is guilty of a class F felony and shall be fined not less than $1000 nor more than $5000 or imprisoned not more than 3 years, or both. (b) A person who terminates or attempts to terminate or assists in the termination of a human pregnancy otherwise than by birth, except in accordance with subchapter IX of this chapter, is guilty of a class C felony and shall be fined not more than $5,000 and imprisoned not less than 2 nor more than 10 years. (c) A person who violates a provision of this chapter for which a penalty is not specified is guilty of a class B misdemeanor. (d) The Attorney General of this State or a deputy attorney general shall enforce the provisions of this chapter. (e) The Superior Court has exclusive original jurisdiction over violations of the criminal provisions of this chapter. 20 Del. Laws, c. 40, §  17;  Code 1915, §  854;  Code 1935, §  935;  24 Del. C. 1953, §  1766;  49 Del. Laws, c. 234;  50 Del. Laws, c. 369, §  1;  57 Del. Laws, c. 145, §  3;  57 Del. Laws, c. 344;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 141, §  1;  75 Del. Laws, c. 161, §  5;
24 DE Code § 1767. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter V. Miscellaneous Provisions|§ 1767. Emergency care at the scene of an emergency.

§ 1767. Emergency care at the scene of an emergency. A person certified to practice medicine under this chapter who, in good faith and without gross or wanton negligence, renders emergency care at the scene of an emergency is not liable for civil damages as a result of any acts or omissions in rendering the emergency care. 24 Del. C. 1953, §  1767;  54 Del. Laws, c. 225;  75 Del. Laws, c. 141, §  1;
24 DE Code § 1769. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter V. Miscellaneous Provisions|§ 1769. Disclosure of laboratory costs.

§ 1769. Disclosure of laboratory costs. A person certified to practice medicine who bills patients or third-party payors for individual tests or test series administered by any private or hospital clinical laboratory shall disclose on the bill the name of the laboratory, the amount or amounts charged by the laboratory for individual tests or test series and the amount of any procurement or processing charge made by the person certified to practice medicine for each test or test series. A test or test series performed at a state laboratory or at another laboratory at which no charge is made must be noted on the bill. 59 Del. Laws, c. 326, §  1;  75 Del. Laws, c. 141, §  1;
24 DE Code § 1769A. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter V. Miscellaneous Provisions|§ 1769A. Required warning to pregnant women of possible effects of using alcohol, cocaine, or other narcotics.

§ 1769A. Required warning to pregnant women of possible effects of using alcohol, cocaine, or other narcotics. (a) A person certified to practice medicine who treats, advises, or counsels pregnant women for matters relating to the pregnancy shall post warnings and give written and verbal warnings to all pregnant women regarding possible problems, complications, and injuries to themselves and/or to the fetus from the consumption or use of alcohol or cocaine, marijuana, heroin, and other narcotics during pregnancy. (b) A person who treats, advises, or counsels pregnant women pursuant to subsection (a) of this section and who is certified to practice medicine may designate a licensed nurse to give the warnings required by this section. (c) The Director of the Division of Public Health shall prescribe the form and content of the warnings required pursuant to this section. 68 Del. Laws, c. 78, §  2;  70 Del. Laws, c. 147, §  28;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 141, §  1;
24 DE Code § 1769B. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter V. Miscellaneous Provisions|§ 1769B. Treatment or examination of minors.

§ 1769B. Treatment or examination of minors. (a) A parent, guardian or other caretaker, or an adult staff member, shall be present when a person licensed to practice medicine under this chapter provides outpatient treatment to a minor patient who is disrobed or partially disrobed or during an outpatient physical examination involving the breasts, genitalia or rectum, regardless of sex of the licensed person and patient, except when rendering care during an emergency. When using an adult staff member to observe the treatment or examination, the adult staff member shall be of the same gender as the patient when practicable. The minor patient may decline the presence of a third person only with consent of a parent, guardian or other caretaker. The minor patient may request private consultation with the person licensed to practice medicine without the presence of a third person after the physical examination. Every hospital and long-term care facility that provides treatment to minors shall develop and implement policies regarding the treatment of minor patients that are consistent with the purposes of this section and will submit those policies for approval by the Department of Health and Social Services. Violations of approved policies will be treated as a violation of this section. (b) When a minor patient is to be disrobed, partially disrobed or will undergo a physical examination involving the breasts, genitalia or rectum, a person licensed to practice medicine under this chapter shall provide notice to the person providing consent to treatment of the rights under this section. The notice shall be provided in written form or be conspicuously posted in a manner in which minor patients and their parent, guardian or other caretaker are made aware of the notice. In circumstances in which the posting or the provision to the patient of the written notice would not convey the right to have a chaperone present, the person licensed to practice medicine shall use another means to ensure that the patient or person understands the right under this section. (c) For the purposes of this section, “minor” is defined as a person 15 years of age or younger, “adult staff member” is defined as a person 18 years of age or older who acting under the direction of the licensed person or the employer of the licensed person or who is otherwise licensed under this chapter, “hospital” has the meaning prescribed by Chapter 10 of Title 16, and “long-term care facility” has the meaning prescribed by Chapter 11 of Title 16. (d) The person licensed under this chapter that provides outpatient treatment to a minor pursuant to this section shall, contemporaneously with such treatment, note in the child's medical record the name of each person present when such treatment is being provided. 77 Del. Laws, c. 322, §  2;  81 Del. Laws, c. 207, § 7;
24 DE Code § 1769C. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 17. Medical Practice Act|Subchapter V. Miscellaneous Provisions|§ 1769C. Physician practices with multiple offices.

§ 1769C. Physician practices with multiple offices. If a physician practice has multiple offices, a physician member of that practice shall visit each office periodically, as frequently as needed but at least once per month, for purposes of ensuring that the office is managed properly and patient care is appropriate. 78 Del. Laws, c. 387, §  1;