reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter III. Certificate to Practice Medicine; Registration of Certificate; Renewal of Registration › § 1721. Professional examination.

§ 1721. Professional examination.
(a) The Board shall require written and/or clinical professional examination of each applicant for a certificate to practice medicine in accordance with the Board's rules and regulations.
(b) A professional examination issued pursuant to this section must be in the English language, must be comprehensive in character, and must be designed to determine an applicant's fitness to practice medicine. It must cover those general subjects and topics, a knowledge of which is commonly and generally required of candidates for the degree of Doctor of Medicine or Doctor of Osteopathy conferred by approved medical colleges or schools in the United States.
(c) The Board shall include in its rules and regulations the number of times and the conditions under which an applicant who has failed 1 or more professional examinations conducted pursuant to this section may again apply for a certificate to practice medicine under this chapter.
20 Del. Laws, c. 40, §  11;  Code 1915, §  844;  Code 1935, §  923;  24 Del. C. 1953, §  1735;  50 Del. Laws, c. 369, §  1;  60 Del. Laws, c. 462, §  1;  75 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter III. Certificate to Practice Medicine; Registration of Certificate; Renewal of Registration › § 1723. Issuance of certificate to practice; registration and registration renewal; reactivating inactive status.

§ 1723. Issuance of certificate to practice; registration and registration renewal; reactivating inactive status.
(a) The Board shall issue a certificate to practice medicine in this State and register the certificate for an applicant who meets the requirements of this chapter.
(b) The Division shall keep a current register of all persons certified to practice medicine in this State. Each such person shall inform the Division of any change of current address and telephone number within 15 days of the change.
(c) The registration of a certificate to practice medicine must be renewed biennially, through a procedure determined by the Division. The procedure must include payment of an appropriate registration renewal fee; submission of a renewal form provided by the Division; submission of the materials required by § 1720(b)(4), (b)(5), and (g), of this title unless waived pursuant to § 1720(e) of this title; proof that the certified person has met the continuing medical education requirements established by the Board; and the period of time within which a person certified to practice medicine in this State may renew the certified person's registration without penalty, notwithstanding the fact that the person failed to renew the person's registration on or before the renewal date; and the penalty for failure to renew registration in a timely manner. The procedure must also include evidence of completion of training on the recognition of child sexual and physical abuse, exploitation and domestic violence, and the reporting obligations under the Medical Practice Act and § 903 of Title 16, and any successors thereto, and any other mandatory reporting obligations required by the Board. Such trainings shall be coordinated under §§ 911 and 931(b)(4) of Title 16 to ensure consistent trainings across disciplines.
(d) The Board may establish, by class and not by individual, requirements for continuing education or reexamination, or both, for a person issued a certificate to practice medicine, or issued any authorized document to practice another profession or occupation regulated under this chapter, who is on inactive status and wishes to reactivate that person's status.
(e) The Division shall review the criminal history of all individuals licensed to practice medicine on a periodic basis, at a minimum, once every 6 months.
20 Del. Laws, c. 40, §  12;  Code 1915, §  845;  33 Del. Laws, c. 58, §  1;  Code 1935, §  924;  41 Del. Laws, c. 86, §  1;  42 Del. Laws, c. 89, §  2;  45 Del. Laws, c. 89, §  1;  24 Del. C. 1953, §  1737;  53 Del. Laws, c. 108, §  17;  60 Del. Laws, c. 462, §  1;  62 Del. Laws, c. 417, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 102, §  5;  74 Del. Laws, c. 349, §  1;  75 Del. Laws, c. 141, §  1;  77 Del. Laws, c. 323, §  2;  77 Del. Laws, c. 324, §§  3, 4;  80 Del. Laws, c. 187, §  8;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter III. Certificate to Practice Medicine; Registration of Certificate; Renewal of Registration › § 1724. Temporary emergency certificate during a public emergency.

§ 1724. Temporary emergency certificate during a public emergency.
The Board may issue a temporary emergency certificate to practice medicine for a period of time not to exceed 12 months, but renewable at the discretion of the Board, to a person whom it finds qualified to practice medicine in this State. A temporary emergency certificate may be issued only during a public emergency declared by the President of the United States or the Governor of the State. When an occupational license is issued by the Director of Revenue pursuant to Chapter 23 of Title 30, if such license is required, and the temporary emergency certificate is registered by the Board, the holder of the temporary emergency certificate may, during the term specified on the certificate unless sooner revoked, practice medicine in this State, subject to all the laws of this State and to the regulations and restrictions which the Board may adopt, including, but not limited to, location limitations and limitations on the nature of the practice of medicine within the State.
24 Del. C. 1953, §  1744;  49 Del. Laws, c. 158, §  1;  50 Del. Laws, c. 369, §  1;  52 Del. Laws, c. 323, §  9;  60 Del. Laws, c. 462, §  1;  61 Del. Laws, c. 68, §§  4, 5;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 102, §  7;  75 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter III. Certificate to Practice Medicine; Registration of Certificate; Renewal of Registration › § 1725. Temporary certificate pending certification.

§ 1725. Temporary certificate pending certification.
The Executive Director of the Board, with the approval of a physician member of the Board, may issue a temporary certificate pending certification to practice medicine for a period of time not to exceed 3 months to a person otherwise qualified to practice medicine who has applied for certification to practice medicine. When an occupational license is issued by the Director of Revenue pursuant to Chapter 23 of Title 30, if such license is required, and the temporary certificate pending certification is registered by the Board, the holder of the temporary certificate pending certification may, during the time specified on the certificate unless sooner revoked, practice medicine in this State, subject to all the laws of this State and to the regulations and restrictions which the Board may adopt, including, but not limited to, location limitations and limitations on the nature of the practice of medicine within the State.
24 Del. C. 1953, §  1744;  49 Del. Laws, c. 158, §  1;  50 Del. Laws, c. 369, §  1;  52 Del. Laws, c. 323, §  9;  60 Del. Laws, c. 462, §  1;  61 Del. Laws, c. 68, §§  4, 5;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 102, §  7;  75 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter III. Certificate to Practice Medicine; Registration of Certificate; Renewal of Registration › § 1726. Notice of certification required.

§ 1726. Notice of certification required.
The Executive Director of the Board shall, immediately upon issuing a certificate to practice medicine pursuant to § 1722, § 1723, or § 1724 of this title, make available to the director of the Division of Public Health of the Department of Health and Social Services the full name and address of the person to whom the certificate was issued and the date thereof, and, in the case of the issuance of a certificate pursuant to § 1722 or § 1724 of this title, the length of time for which the certificate authorizes the practice of medicine and the limitation on the authorization, if any.
30 Del. Laws, c. 58;  Code 1915, §  847A;  Code 1935, §  927;  24 Del. C. 1953, §  1738;  50 Del. Laws, c. 369, §  1;  52 Del. Laws, c. 323, §  3;  60 Del. Laws, c. 462, §  1;  75 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter III. Certificate to Practice Medicine; Registration of Certificate; Renewal of Registration › § 1727. Consulting physicians from other states.

§ 1727. Consulting physicians from other states.
This chapter does not prevent a person who is certified, licensed, or otherwise authorized to practice medicine in another state or in a foreign country from engaging in a consultation with a person certified and registered to practice medicine in this State.
20 Del. Laws, c. 40, §  16;  Code 1915, §  851;  Code 1935, §  932;  24 Del. C. 1953, §  1743;  50 Del. Laws, c. 369, §  1;  60 Del. Laws, c. 462, §  1;  63 Del. Laws, c. 9, §  1;  75 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter III. Certificate to Practice Medicine; Registration of Certificate; Renewal of Registration › § 1728. Medical personnel for visiting sports teams.

§ 1728. Medical personnel for visiting sports teams.
(a) Notwithstanding any other provision of this chapter or other law, a physician who is certified, licensed, or otherwise authorized to practice medicine in another state or country shall be exempt from the certification and registration requirements of this chapter while practicing medicine in this State if all of the following conditions are met:
(1) The physician has a written or oral agreement with a sports team to provide general or emergency care to the team members, coaching staff, and families traveling with the team for a specific sporting event to take place in this State; and
(2) The physician may not practice medicine with respect to any person residing or present in this State other that a person described in paragraph (a)(1) of this section, unless providing medical care pursuant to § 6801 of Title 16;
(b) The exemption shall remain in force while the physician is traveling with the team, but shall be no longer than 10 days per individual sporting event. The Executive Director of the Board may grant a physician additional time for exemption, up to 20 additional days per sporting event, upon prior request by the physician. The total number of days a physician may be exempt, including additional time granted upon request, may not exceed 30 days per sporting event.
(c) A physician exempt from the certification and licensure requirements under this section is not authorized to practice medicine at any health care facility, as defined in Chapter 93 of Title 16, in the State.
79 Del. Laws, c. 137, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter III. Certificate to Practice Medicine; Registration of Certificate; Renewal of Registration › § 1729. Home health-care orders from out-of-state physicians.

§ 1729. Home health-care orders from out-of-state physicians.
(a) Notwithstanding any other provision of this chapter or other law, a physician who is certified, licensed, or otherwise authorized to practice medicine in another state shall be exempt from the certification and registration requirements of this chapter in order to prescribe home health-care services provided by a home health-care agency licensed pursuant to Title 16 to a patient who resides in this State.
(b) The prescription of home health-care services under this section must first be made pursuant to an in-person physical examination of the patient performed within the jurisdictional boundaries of the state in which the prescribing physician is certified, licensed or otherwise authorized to practice medicine.
79 Del. Laws, c. 338, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter IV. Disciplinary Regulation; Proceedings of the Board › § 1731B. Counseling; letter of concern.

§ 1731B. Counseling; letter of concern.
(a) If the Executive Director and the President of the Board, or a member of the Board designated by the President to assist in an investigation concerning a person certified to practice medicine, determine after the investigation that a violation of this chapter or of regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred, but that an act or omission of the person is a matter of concern and that the person's practice may be improved if the person is made aware of the concern, the Executive Director, with the concurrence of the President or the assisting Board member, may issue a nondisciplinary, confidential letter of concern regarding the person's act or omission.
(b) If a person certified to practice medicine receives a total of 3 letters of concern and/or letters of counseling pursuant to this section, the Executive Director may reasonably require a formal assessment of professional competency pursuant to § 1732(d) of this title to assess the person's continued ability to protect the health and safety of the person's present or prospective patients.
70 Del. Laws, c. 144, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 141, §  1;  75 Del. Laws, c. 358, §  3;  77 Del. Laws, c. 325, §  11;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VI. Physician Assistants › § 1770A. Physician assistants; definitions.

§ 1770A. Physician assistants; definitions.
For purposes of this subchapter:
(1) “Collaborating physician” means physicians licensed by the Board who practices with a physician assistant using a Collaborative Agreement.
(2) “Collaboration” or “collaborating” means a process in which the physician who oversees patient services and the physician assistant jointly contribute to the healthcare and medical evaluation and treatment or management of patients with each performing actions he or she is individually licensed for and has the education, training, and experience to perform. The collaborating physician must be available for consultation with the physician assistant during the time of the patient encounter with the physician assistant, if necessary to provide advice on the ongoing care of the patient. The constant physical presence of thecollaborating physician is not required on-site in the practice setting, provided that the collaborating physician is readily accessible by some form of electronic communication.
(3) “Collaborative agreement” means a written document expressing an arrangement of collaboration between a licensed physician and a physician assistant.
(4) “Physician assistant” or “PA” means an individual who meets all of the following:
a. Has graduated from a physician assistant or surgeon assistant program which is accredited by the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA) or, before 2001, by the Committee on Allied Health Education and Accreditation (CAHEA) of the American Medical Association (AMA), or a successor agency acceptable to and approved by the Board, or has passed the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants before 1986.
b. Has a baccalaureate degree or the equivalent education to a baccalaureate degree, as determined by the Council and the Board.
c. Has passed a national certifying examination acceptable to the Regulatory Council for Physician Assistants and approved by the Board.
d. Is licensed under this chapter to practice medicine as a physician assistant.
e. Has completed any continuing education credits required by rules and regulations developed under this chapter.
f. Completes a collaborative agreement with the collaborating physician.
68 Del. Laws, c. 147, §  2;  68 Del. Laws, c. 345, §  1;  69 Del. Laws, c. 355, §§  3-5;  71 Del. Laws, c. 102, §  26;  74 Del. Laws, c. 262, §  30A;  75 Del. Laws, c. 141, §  1;  78 Del. Laws, c. 387, §  2;  83 Del. Laws, c. 16, § 2;  83 Del. Laws, c. 283, § 39;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VI. Physician Assistants › § 1771. Physician's role in collaborating with a physician assistant.

§ 1771. Physician's role in collaborating with a physician assistant.
(a) A physician who collaborates with a physician assistant must be available for consultation with the physician assistant. It is the obligation of each team of physician(s) and physician assistant(s) to ensure that the physician assistant's scope of practice is identified, and is appropriate to the physician assistant's level of education, training, and experience, that the relationship of, and access to, the collaborating physician is defined, and that a process for evaluation of the physician assistant's performance is established.
(b) Each physician-physician assistant team, hospital, clinic, medical group, or other healthcare facility shall be responsible for creating a written collaborative agreement, which shall be kept on file at the primary location where the physician assistant provides care, describing the information required by subsection (a) of this section. The written collaborative agreement shall be made available to the Board or the Council upon request.
(c) [Repealed.]
(d) A collaborating physician may not be involved in patient care in name only and must be involved in active patient care on a regular basis.
(e) A collaborating physician may not assign medical acts to a physician assistant that exceed the physician's license.
(f) A collaborating physician may not at any given time collaborate with more than 4 physician assistants, unless a regulation of the Board increases or decreases the number. This limit does not apply to physicians and physician assistants who practice in the same physical office or facility building, such as an emergency department so long as there is active, physician coverage.
(g) A physician who collaborates with a physician assistant in violation of the provisions of this subchapter or of regulations adopted pursuant to this subchapter is subject to disciplinary action by the Board of Medical Licensure and Discipline for permitting the unauthorized practice of medicine.
(h) Hospitals, clinics, medical groups and other healthcare facilities may employ physician assistants subject to subsection (f) of this section.
(i) If the collaborating physician is not routinely present the physician must assure that the means and methods of collaboration are adequate to assure appropriate patient care. This may include telecommunication, chart review, or other methods of communication and oversight that are appropriate to the care setting and the education, training and experience of the physician assistant.
75 Del. Laws, c. 141, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 319, §  1;  78 Del. Laws, c. 387, §  2;  83 Del. Laws, c. 16, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VI. Physician Assistants › § 1772. Prohibited acts by a physician assistant.

§ 1772. Prohibited acts by a physician assistant.
(a) A physician assistant may not maintain or manage a location that does not have oversight by the physician assistant's collaborating physician.
(b)-(d) [Repealed.]
(e) Nothing in this chapter may be construed to authorize a physician assistant to practice independent of a collaborating physician.
(f) Except as otherwise provided in this chapter or in a medical emergency, a physician assistant may not perform any medical act without a collaborative agreement.
(g) A physician assistant may not practice as a member of any other health profession regulated under this code unless the physician assistant is certified, licensed, registered, or otherwise authorized to practice the other profession.
75 Del. Laws, c. 141, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 387, §  2;  83 Del. Laws, c. 16, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VI. Physician Assistants › § 1773A. Participation in disaster or emergency care.

§ 1773A. Participation in disaster or emergency care.
(a) A physician assistant licensed in this State or licensed or authorized to practice in any other U.S. jurisdiction or credentialed as a physician assistant by a federal employer who is responding to a need for medical care created by an emergency or a state or local disaster (excluding an emergency which occurs in that person's place of employment or practice) may render such care that the physician assistant is able to provide without collaboration pursuant to § 1770A of this title or with such collaboration as is available.
(b) Any physician who collaborates with a physician assistant providing medical care in response to such an emergency or state or local disaster shall not be required to meet the requirements set forth in this subchapter for a collaborating physician.
(c) A person licensed as a physician assistant under this chapter who, in good faith and without gross or wanton negligence, renders emergency care at the scene of an emergency, excluding an emergency which occurs in that person's place of employment or practice, shall not be liable for civil damages as a result of any acts or omissions in rendering the emergency care.
78 Del. Laws, c. 387, §  2;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 16, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VI. Physician Assistants › § 1774. Temporary licensing of physician assistants.

§ 1774. Temporary licensing of physician assistants.
(a) Notwithstanding any provision of this subchapter to the contrary, the Executive Director, with the approval of a Council member, may grant a temporary license to an individual who has graduated from a physician or surgeon assistant program which has been accredited by the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA) or, prior to 2001, by the Committee on Allied Health Education and Accreditation (CAHEA) of the American Medical Association (AMA) or a successor agency and who otherwise meets the qualifications for licensure but who has not yet taken a national certifying examination, provided that the individual is registered to take and takes the next scheduled national certifying examination. A temporary license granted pursuant to this subsection is valid until the results of the examination are available from the certifying agency. If the individual fails to pass the national certifying examination, the temporary license granted pursuant to this subsection must be immediately rescinded until the individual successfully qualifies for licensure pursuant to this subchapter.
(b) An individual who is temporarily licensed pursuant to this section may not have a prescriptive practice and may not perform medical acts except in the physical presence of the individual's collaborating physician.
75 Del. Laws, c. 141, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 387, §  2;  81 Del. Laws, c. 97, § 9;  83 Del. Laws, c. 16, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VI. Physician Assistants › § 1774A. Fees set by Board.

§ 1774A. Fees set by Board.
The Division of Professional Regulation shall establish fees for licensing physician assistants, for renewing licenses on a biennial basis, and for other regulatory purposes. The fees must approximate the costs reasonably necessary to defray the actual expenses of the Board and the regulatory council, as well as the proportional expenses incurred by the Division in administering the issuance and renewal of licenses, and other regulation of physician assistants.
75 Del. Laws, c. 141, §  1;  78 Del. Laws, c. 387, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VI. Physician Assistants › § 1774B. Prohibited acts; penalties; enforcement.

§ 1774B. Prohibited acts; penalties; enforcement.
(a) A person may not practice as a physician assistant in this State or represent that the person is a physician assistant or knowingly allow himself or herself to be represented as a physician assistant unless the person is licensed under this subchapter, except as otherwise provided in this chapter.
(b) A person who, contrary to the provisions of this subchapter, practices or attempts to practice as a physician assistant within the State or represents that the person is a physician assistant or knowingly allows himself or herself to be represented as a physician assistant shall be fined not less than $500 nor more than $2,000 or imprisoned not more than 1 year, or both.
(c) The Attorney General of this State or a deputy attorney general shall enforce the provisions of this subchapter.
75 Del. Laws, c. 141, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 387, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VI. Physician Assistants › § 1774C. Procedure or action not prescribed.

§ 1774C. Procedure or action not prescribed.
This subchapter governs the practice of physician assistants. If a procedure or action is not specifically prescribed in this subchapter, but is prescribed in the subchapters relating to the practice of medicine, and the procedure or action would be useful or necessary for the regulation of physician assistants, the Board or Council may, in its discretion, proceed in a manner prescribed for physicians in the practice of medicine.
75 Del. Laws, c. 141, §  1;  78 Del. Laws, c. 387, §  2;