24 DE Code § 2616. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 26. Physical Therapy and Athletic Training|§ 2616. Grounds for discipline.

§ 2616. Grounds for discipline. (a) A person licensed under this chapter performing physical therapy or athletic training services is subject to the disciplinary sanctions set forth in § 2620 of this title if, after a hearing, the Board finds that the licensee has:  (1) Practiced physical therapy or acted as a physical therapist assistant or athletic trainer in violation of this chapter and rules and regulations promulgated thereunder; (2) Obtained or attempted to obtain licensure by fraud or misrepresentation; (3) Illegally, incompetently, or negligently practiced physical therapy or athletic training; (4) Been convicted of a crime that is substantially related to the practice of physical therapy or athletic training in the courts of this State or any other state, territory or country. “Conviction,” as used in this paragraph, shall include a finding or verdict of guilt, an admission of guilt or a plea of nolo contendere; (5) Habitually indulged in the use of narcotics or other habit forming drugs, or excessively indulged in the use of alcohol; (6) Had a license to practice physical therapy or license to act as a physical therapist, physical therapist assistant, or athletic trainer revoked or suspended, has had other disciplinary action taken or an application for licensure has been refused, revoked, or suspended by the proper authorities of another state, territory or country; (7) Been guilty of unprofessional conduct as adopted in the Board's rules and regulations. Unprofessional conduct shall include departure from or the failure to conform to the minimal standards of acceptable and prevailing physical therapy practice or athletic training practice, in which preceding actual injury to a patient need not be established; (8) Engaged directly or indirectly in the division, transferring, assigning, rebating or refunding of fees received for professional services or who profits by means of a credit or other valuable consideration such as wages, an unearned commission, discount or gratuity with any person who referred a patient, or with any relative or business associate of the referring person. Nothing in this paragraph shall be construed as prohibiting the members of any regularly and properly organized business entity recognized by Delaware law and comprised of physical therapists or athletic trainers from making any division of their total fees among themselves as they determine by contract necessary to defray their joint operating costs; (9) The Board shall permanently revoke the certificate to practice physical therapy or athletic training of a person who is convicted of a felony sexual offense. (10) Violated a provision of this chapter or a rule or regulation promulgated by the Board under this chapter; (11) Failed to notify the Board that the licensee's license in another jurisdiction has been subject to discipline, or has been surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, surrender, suspension, or revocation of a license shall be conclusive evidence thereof; or (12) Been convicted of a felony sexual offense. (b) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board's decision to the Superior Court in accordance with Chapter 101 of Title 29. Upon such appeal, the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29. (c) [Repealed.] (d) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license. 24 Del. C. 1953, §§  2613, 2615;  50 Del. Laws, c. 367, §  1;  64 Del. Laws, c. 192, §  1;  67 Del. Laws, c. 97, §§  21-25;  68 Del. Laws, c. 71, §  2;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 125, §  11;  74 Del. Laws, c. 262, §  49;  79 Del. Laws, c. 213, §  2;  79 Del. Laws, c. 277, §  9;  79 Del. Laws, c. 406, §  17;