Title 24, Professions and Occupations

§ 1705. Accreditation of facilities where office-based surgeries are performed. No person licensed under this chapter shall perform any office-based surgery, as defined in § 122(3)y. of Title 16, in a facility unless such facility is accredited or licensed in accordance with § 12…

§ 1710. Composition [For application of this section, see 85 Del. Laws, c. 253, § 23] [Effective until July 17, 2028]. (a) The Board of Medical Licensure and Discipline has the sole authority in this State to issue certificates to practice medicine and is the State’s supervisory,…

§ 1711. Organization. (a) The Board annually shall elect from among its members a president, a vice-president, and a secretary, and such other officers as it considers necessary, 2 of whom may be the same person. (b) The Board may, with the concurrence of the Director of the Divi…

§ 1712. Quorum. (a) A quorum for the transaction of business consists of 9 members of the Board entitled to vote. An affirmative vote of at least 5 members of the quorum is required to take any action that the Board has the power to take, unless otherwise expressly provided in th…

§ 1713. Powers and duties of the Board [For application of this section, see 85 Del. Laws, c. 253, § 23]. (a) The Board has the following powers and duties, in addition to other powers and duties set forth elsewhere in this chapter: (1) To investigate, through the Executive Direc…

§ 1714. Fees. The amount of a fee imposed under this chapter by the Division of Professional Regulation must approximate and reasonably reflect the reasonable projected costs of services or activities provided by the Board, as well as the proportional expenses incurred by the Div…

§ 1715. Records [For application of this section, see 85 Del. Laws, c. 253, § 23]. The Division of Professional Regulation shall keep a register of all approved applications for certificates to practice medicine, approved applications for authorization to practice any profession …

§ 1720. Certification requirements to practice medicine. (a) A person may not practice medicine in this State unless the person: (1) Has a certificate to practice medicine issued by the Board of Medical Licensure and Discipline; (2) Registers the certificate to practice medicine …

§ 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 sec…

§ 1722. Waiver of professional examination for temporary certification, for hospital or institution staff, for physicians licensed in another jurisdiction, and for physicians passing an alternative exam. (a) The Board may adopt rules and regulations that waive the professional ex…

§ 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. (…

§ 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 practic…

§ 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 oth…

§ 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 …

§ 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 prac…

§ 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 r…

§ 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 reg…

§ 1730. Duty to report unprofessional conduct and inability to practice medicine. (a) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board if that person is treating professionally another person who possesses a certificate to practi…

§ 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…

§ 1731A. Duty to report. (a) Any person may report to the Board information that the reporting person reasonably believes indicates that a person certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice…

§ 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 vi…

§ 1732. Investigations of complaints; Executive Director authority. (a) All complaints of unprofessional conduct, unauthorized practice of medicine, or medical malpractice shall be referred to the Division of Professional Regulation to be investigated. Complaints alleging potenti…

§ 1733. Complaints; notice of hearing [Repealed].60 Del. Laws, c. 462, § 1; 64 Del. Laws, c. 327, § 3; 67 Del. Laws, c. 226, § 13; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, § 20; 75 Del. Laws, c. 88, § 17(2); 75 Del. Laws, c. 141, § 1; 77 Del. Laws, c. 319, § 10; 77 Del. L…

§ 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 co…

§ 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…

§ 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 …

§ 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;

§ 1738. Temporary suspension pending hearing. (a) In the event of a formal or informal complaint concerning the activity of a person certified to practice medicine that presents a clear and immediate danger to the public health, the Board may temporarily suspend the person’s cert…

§ 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, 198…

§ 1740. Health care facilities reporting requirements. (a) Definitions. — (1) “Direct access” means the opportunity to have personal contact with persons receiving care during the course of one’s assigned or professional duties. (2) “Health care facility” means any custodial or r…

§ 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 revocati…

§ 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…

§ 1761. Physician discontinuing business, leaving the State, or terminating a patient-physician relationship; death of a physician; change of physician and transfer of patient records; patient access to records. (a) (1) A person certified to practice medicine under this chapter w…

§ 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 bu…

§ 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…

§ 1763. Reports of persons who are subject to losses of consciousness; limitation on use; failure; penalty [Repealed].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; repealed by 84 Del. Laws,…

§ 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. 2…

§ 1764A. Prescription requirements. (a) No written prescription shall be prescribed if it does not contain the following information clearly written, clearly hand printed, electronically printed, or typed: (1) The name, address and phone number of the prescriber; (2) The name and…

§ 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 wit…

§ 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 m…

§ 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 o…

§ 1768. Immunity of boards of review; confidentiality of review board record. (a) The Board of Medical Licensure and Discipline and the Medical Society of Delaware, their members, and the members of any committees appointed by the Board or Society; the members of any committee ap…

§ 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 amou…

§ 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 an…

§ 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…

§ 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 pro…