2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter I. General Provisions › § 1703. Nonapplicability of certain provisions.

§ 1703. Nonapplicability of certain provisions.
Provisions of this chapter pertaining to the practice of medicine do not apply to:
(1) A person providing service in an emergency, where no fee or other consideration is contemplated, charged, or received;
(2) Physicians of any civilian or military branch of the United States government in the discharge of their official duties;
(3) Advanced practice nurses, chiropodists, chiropractors, dental hygienists, dentists, emergency medical technicians, optometrists, pharmacists, physical therapists, physician assistants, podiatrists, practical nurses, professional nurses, psychologists, respiratory care practitioners, veterinarians, or persons engaged in other professions or occupations who are certified, licensed, or registered according to law and are acting within the scope of the activity for which they are certified, licensed, or registered;
(4) A person administering a lawful domestic or family remedy to a member of that person's family;
(5) A person fully certified, licensed, or otherwise authorized to practice medicine in another state of the United States who briefly renders emergency medical treatment or briefly provides critical medical service at the specific lawful direction of a medical institution or federal agency that assumes full responsibility for the treatment or service;
(6) A person who has earned a doctorate degree from a recognized college or university and who uses the designation of “Dr.” in connection with that person's name or calls himself or herself “Doctor”, except in matters related to medicine or health, in which case the type of doctorate held must be specified;
(7) The mechanical application of glasses;
(8) The practice of massage;
(9) The business of barbering, cosmetology, and manicuring;
(10) The practice of ritual circumcision performed pursuant to the requirements or tenets of a religion; provided, however, that a person certified and registered to practice medicine in this State certifies in writing to the Board that, in the person's opinion, the circumcision practitioner has sufficient knowledge and competence to perform a ritual circumcision according to accepted medical standards;
(11) The practice of healing by spiritual means in accordance with the tenets and practice of a religion by an accredited practitioner of the religion. In the practice of healing by spiritual means, an accredited practitioner may not use medical titles or other designations which imply or designate that the practitioner is certified to practice medicine in this State. A person engaged in the practice of healing by spiritual means may not perform surgical operations or prescribe medications, nor may a pharmacist or pharmacy honor a prescription drawn by the person. A person engaged in the practice of healing by spiritual means must observe all state and federal public health laws;
(12) A physician from another state or jurisdiction who is in this State to testify in a judicial or quasi judicial proceeding;
(13) The performing of delegated medical acts pursuant to subchapter VI of this chapter by a person who is licensed by the Board as a physician assistant;
(14) A person rendering medical, surgical, or other health services who is functioning as a member of an organized emergency program which has been approved by the Board of Medical Licensure and Discipline; who has successfully completed an emergency medical course; and who is acting under the supervision and control of a person certified and registered to practice medicine in this State or in a state contiguous to this State;
(15) A licensed registered nurse making a pronouncement of death and signing all forms or certificates registering the death as permitted or required by the State, but only if the nurse is an attending nurse caring for a terminally ill patient:
a. In the patient's home or place of residence as part of a hospice program or a certified home healthcare agency program;
b. In a skilled nursing facility;
c. In a residential community associated with a skilled nursing facility;
d. In an extended care facility; or
e. In a hospice;
and only if the attending physician of record has agreed in writing to permit the attending licensed registered nurse to make a pronouncement of death in that case;
(16) The provisions of subchapter II, Chapter 27 of Title 16, the Uniform Anatomical Gift Act;
(17) A medical student who is engaged in training;
(18) A person performing health care acts pursuant to Chapter 94 of Title 16 and § 1921(a) of this title;
(19) Notwithstanding the provisions of § 1702(11)e. of this title, a physician licensed in another state or the District of Columbia may render a written or otherwise documented medical opinion to a person covered by the State Group Health Insurance Program pursuant to any second opinion or diagnosis evaluation program offered by the State Group Health Insurance Program without obtaining a certificate to practice medicine in this State.
75 Del. Laws, c. 141, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 378, §  1;  77 Del. Laws, c. 319, §  1;  80 Del. Laws, c. 80, §  2;  81 Del. Laws, c. 340, § 2;  82 Del. Laws, c. 75, § 3;  83 Del. Laws, c. 52, § 5;