Title 24, Professions and Occupations

§ 1711B. Oversight, dispute resolution, and enforcement. (a) Oversight: — (1) The executive and judicial branches of state government in each participating state shall enforce this Compact and take all actions necessary and appropriate to implement the Compact. (2) Venue is prope…

§ 1711C. Effective date, withdrawal, and amendment. (a) This Compact takes effect on the date on which this Compact statute is enacted into law in the seventh member state ( “effective date” ). (1) On or after the effective date of this Compact, the Commission shall convene and r…

§ 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…

§ 1712A. Powers and duties of the Interstate Commission. The Interstate Commission shall have the following powers and duties: (a) Oversee and maintain the administration of the Compact. (b) Promulgate rules which shall be binding to the extent and in the manner provided for in t…

§ 1712B. Date of implementation of the PA Licensure Compact Commission. (a) This Compact shall come into effect on the date on which this Compact statute is enacted into law in the seventh participating state. (1) On or after the effective date of the Compact, the Commission shal…

§ 1712C. Construction and severability. (a) This Compact and the Commission’s rulemaking authority must be liberally construed so as to effectuate the purposes and the implementation and administration of this Compact. Provisions of this Compact expressly authorizing or requiring…

§ 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…

§ 1713A. Finance powers. (a) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff. The total assessment must be sufficient to cover the annual bu…

§ 1713B. Construction and severability. (a) This Compact and the Commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring…

§ 1713C. Consistent effect and conflict with other state laws. (a) Nothing herein prevents or inhibits the enforcement of any other law of a member state that is not inconsistent with this Compact. (b) Any laws, statutes, regulations, or other legal requirements in a member state…

§ 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…

§ 1714A. Organization and operation of the Interstate Commission. (a) The Interstate Commission shall, by a majority of Commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact within 12 month…

§ 1714B. Binding effect of compact. (a) Nothing herein prevents the enforcement of any other law of a participating state that is not inconsistent with this Compact. (b) Any laws in a participating state in conflict with this Compact are superseded to the extent of the conflict. …

§ 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 …

§ 1715A. Rulemaking functions of the Interstate Commission. (a) The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises …

§ 1716A. Oversight of the Interstate Compact. (a) The executive, legislative, and judicial branches of state government in each member state shall enforce the Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisi…

§ 1717A. Enforcement of Interstate Compact. (a) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Compact. (b) The Interstate Commission may, by majority vote of the Commissioners, initiate legal action in the U…

§ 1718A. Default procedures. (a) The grounds for default include failure of a member state to perform such obligations or responsibilities imposed upon it by the Compact, or the rules and bylaws of the Interstate Commission promulgated under the Compact. (b) If the Interstate Com…

§ 1719A. Dispute resolution. (a) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the Compact and which may arise among member states or member boards. (b) The Interstate Commission shall promulgate rules provid…

§ 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 …

§ 1720A. Member states, effective date and amendment. (a) Any state is eligible to become a member of the Compact. (b) The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 7 states. Thereafter, it shall become effective…

§ 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…

§ 1721A. Withdrawal. (a) Once effective, the Compact shall continue in force and remain binding upon every member state, provided that a member state may withdraw from the Compact by specifically repealing the statute which enacted the Compact into law. (b) Withdrawal from the Co…

§ 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…

§ 1722A. Dissolution. (a) The Compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership of the Compact to 1 member state. (b) Upon the dissolution of the Compact, the Compact becomes void and has no further effect…

§ 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. (…

§ 1723A. Severability and construction. (a) The provisions of the Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable. (b) The provisions of the Compact shall be libera…

§ 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…

§ 1724A. Binding effect of Compact and other laws. (a) Nothing in this chapter prevents the enforcement of any other law of a member state that is not inconsistent with the Compact. (b) All laws in a member state in conflict with the Compact are superseded to the extent of the co…

§ 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…