2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 38. DIETITIAN/NUTRITIONIST LICENSURE ACT › § 3811. Grounds for discipline/sanctions/penalties of unlicensed practice.

§ 3811. Grounds for discipline/sanctions/penalties of unlicensed practice.
(a) The following conditions and actions of an applicant or L.D.N. may result in disciplinary action as set forth in subsection (b) of this section if, after a hearing, the Board finds that an applicant or L.D.N.:
(1) Has employed or knowingly cooperated in fraud or material deception in order to be licensed; or
(2) Has engaged in illegal, incompetent or negligent conduct in the provision of dietetic and nutrition therapy; or
(3) Has as a dietitian/nutritionist or otherwise, in the practice of the profession, knowingly engaged in an act of consumer fraud or deception, or engaged in the restraint of competition, or participated in price-fixing activities; or
(4) Has violated the Code of Ethics as established by the American Dietetic Association; or
(5) Has violated a lawful provision of this chapter or any lawful rule or regulation established hereunder; or
(6) Has been convicted of a crime that is substantially related to the provision of dietetic and nutrition therapy.
(b) Persons regulated under this chapter who have been determined to be in violation of this chapter shall be subject to the following disciplinary actions:
(1) Issuance of a letter of reprimand.
(2) Censorship.
(3) Placement on probationary status.
(4) Denial of license.
(5) Suspension of license.
(6) Revocation of license.
(c) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.
(d) Penalties of unlicensed practice. — (1) Where the Board has determined, upon notice and hearing pursuant to Chapter 101 of Title 29 that a person is engaged in the practice of dietetics and nutrition therapy and regulated by this chapter without having lawfully obtained a license or that a person previously licensed under this chapter is engaged in the practice of dietetic and nutrition therapy as regulated by this chapter notwithstanding that the person's license has been suspended or revoked, the Board may issue a cease and desist order. In addition to the power to issue a cease and desist order, the Board may seek an injunctive order prohibiting such unlawful practice and/or seek the imposition of other civil penalties defined by this chapter.
(2) Upon notice and hearing pursuant to Chapter 101 of Title 29, the Board may fine any person who violates such cease and desist order not less than $100 or more than $1000. Each day a violation continues may be deemed a separate offense in the Board's discretion.
(3) Any person who violates any provisions of this chapter or any rules and regulations promulgated hereunder shall be liable for a civil penalty of not more than $2,500 for the first offense; and not more than $5,000 for the second and each subsequent offense, which penalty may be sued for, and recovered by the Board. Nothing in this section shall be construed to prevent prosecution under, or be inconsistent with, Chapter 5 of Title 11.
(e) 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.
69 Del. Laws, c. 306, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 262, §  87;  75 Del. Laws, c. 436, §  44;  76 Del. Laws, c. 49, §  1;  79 Del. Laws, c. 213, §  2;