2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter IV. Disciplinary Regulation; Proceedings of the Board › § 1731. Unprofessional conduct and inability to practice medicine.

§ 1731. Unprofessional conduct and inability to practice medicine.
(a) A person to whom a certificate to practice medicine in this State has been issued may be disciplined by the Board for unprofessional conduct, as defined in subsection (b) of this section, by means of levying a fine, or by the restriction, suspension, or revocation, either permanent or temporary, of that person's certificate to practice medicine, or by other appropriate action, which may include a requirement that a person who is disciplined must complete specified continuing education courses. The Board shall permanently revoke the certificate to practice medicine in this State of a person who is convicted of a felony sexual offense.
(b) “Unprofessional conduct” includes any of the following acts or omissions:
(1) The use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest, or unethical practice in connection with a certification, registration, or licensing requirement of this chapter, or in connection with the practice of medicine or other profession or occupation regulated under this chapter;
(2) Conduct that would constitute a crime substantially related to the practice of medicine;
(3) Any dishonorable, unethical, or other conduct likely to deceive, defraud, or harm the public;
(4) The practice of medicine or other profession or occupation regulated under this chapter under a false or assumed name;
(5) The practice of medicine or other profession or occupation regulated under this chapter without a certificate or other authorizing document or renewal of such document, unless otherwise authorized by this chapter;
(6) The use, distribution, or issuance of a prescription for a dangerous or narcotic drug, other than for therapeutic or diagnostic purposes;
(7) Advertising of the practice of medicine or other profession or occupation regulated under this chapter in an unethical or unprofessional manner;
(8) Solicitation or acceptance of a fee from a patient or other person by fraudulent representation that a manifestly incurable condition, as determined with reasonable medical certainty, can be permanently cured;
(9) Knowing or intentional performance of an act which, unless authorized by this chapter, assists an unauthorized person to practice medicine or other profession or occupation regulated under this chapter;
(10) The failure to provide adequate supervision to an individual working under the supervision of a person who is certified and registered to practice medicine;
(11) Misconduct, including but not limited to sexual misconduct, incompetence, or gross negligence or pattern of negligence in the practice of medicine or other profession or occupation regulated under this chapter;
(12) Wilful violation of the confidential relationship with or confidential communications of a patient;
(13) Wilful failure to report to the Board as required by § 1730(a) of this title;
(14) Wilful failure to report to the Board as required by § 1730(b) of this title;
(15) Wilful failure to report to the Board as required by § 1730(c) of this title;
(16) Unjustified failure upon request to divulge information relevant to the authorization or competence of a person to practice medicine or other profession or occupation regulated under this chapter to the Board, to any committee thereof, to the Executive Director, or to anyone designated by the Executive Director to request such information;
(17) The violation of a provision of this chapter or the violation of an order or regulation of the Board related to medical procedures or to the procedures of other professions or occupations regulated under this chapter, the violation of which more probably than not will harm or injure the public or an individual;
(18) Charging a grossly exorbitant fee for professional or occupational services rendered;
(19) Suspension or revocation of a certificate to practice medicine or of the authorizing document to practice another profession or occupation regulated under this chapter, or other disciplinary action taken by the regulatory authority in another state or territory. In making its determination, the Board may rely upon decisions made by the appropriate authorities in other states and may not permit a collateral attack on those decisions;
(20) Signing the death certificate of a person prior to the actual time of death of the person;
(21) A violation of §1764A of this title;
(22) Wilful failure to report to the Board when required by §1731A of this title;
(23) Wilful failure to comply with §1769B of this title;
(24) Engaging in conversion therapy with a child; and
(25) Referring a child to a provider in another jurisdiction to receive conversion therapy.
(26) “Unprofessional conduct” under this subsection does not include the performance, recommendation, or provision of any reproductive health service that is lawful in this State even if such performance, recommendation, or provision is for a person who resides in a state where such performance, recommendation, or provision is illegal or considered to be unprofessional conduct or the unauthorized practice of medicine.
(c) A certificate to practice medicine is subject to restriction, suspension, or revocation, either temporarily or permanently, in case of the inability of a physician to practice medicine with reasonable skill or safety to patients by reason of a mental or physical disability or serious health condition that prevents the physician's ability to practice medicine in a fully competent and professional manner with reasonable skill and safety to patients. For purposes of this section, a mental or physical disability or serious health condition does not prevent a physician's ability to practice medicine with reasonable skill and safety when the condition is reduced or ameliorated because of ongoing treatment, with or without medication, or participation in a monitoring program or because of the field of practice, the setting, or the manner of the physician's current medical practice.
(1)-(3) [Repealed.]
(d) The Board may establish, by class and not by individual, requirements for continuing education and/or reexamination as a condition for renewal of registration and for recertification to practice medicine or other profession or occupation regulated under this chapter, or as a condition to continue to practice medicine or other profession or occupation regulated under this chapter after disciplinary sanctions are imposed or after inability to practice with reasonable skill or safety to patients has been determined.
(e) A person who files a complaint with the Board or any of its members, the Executive Director, or the Division, or who provides information to the Board or any of its members, the Executive Director, or the Division regarding a complaint, or who testifies as a witness at a hearing before the Board or any of its hearing panels or committees concerning unprofessional conduct by a person certified to practice medicine or other profession or occupation regulated under this chapter in this State or concerning the inability of a person certified to practice medicine or other profession or occupation regulated under this chapter for the reasons set forth in subsection (c) of this section, may not be held liable in any cause of action arising out of the filing of the complaint, the providing of information, or the giving of testimony, provided that the person does so in good faith and without gross or wanton negligence.
(f) The provisions of this section apply to any person to whom a certificate, license, or other authorizing document to practice a profession or occupation has been issued pursuant to this chapter.
60 Del. Laws, c. 462, §  1;  62 Del. Laws, c. 90, §  3;  63 Del. Laws, c. 252, §  1;  64 Del. Laws, c. 477, §  4;  67 Del. Laws, c. 226, §§  10, 11;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 102, §§  12-14;  74 Del. Laws, c. 213, §  1;  74 Del. Laws, c. 262, §  30;  75 Del. Laws, c. 141, §  1;  75 Del. Laws, c. 161, §  3;  77 Del. Laws, c. 322, §  1;  77 Del. Laws, c. 325, §§  3-6;  81 Del. Laws, c. 340, § 3;  83 Del. Laws, c. 327, § 1;  83 Del. Laws, c. 385, § 2;