Chapter 17

§ 1701 Statement of purpose. Recognizing that the practice of medicine and the practices of certain other healthcare professions are privileges and not natural rights, it is hereby considered a matter of policy in the interests of public health, safety, and welfare to provide laws covering the granting of those privileges and their subsequent use and control, and to provide regulations to the end that the public health, safety, and welfare are promoted and that the public is properly protected from the unprofessional, improper, unauthorized, or unqualified practice of medicine and practice of certain other healthcare professions and from unprofessional conduct by persons authorized to practice medicine or to practice certain other healthcare professions. 60 Del. Laws, c. 462, §  1 ; 75 Del. Laws, c. 141, §  1 ; § 1702 Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23]. The following definitions apply to this chapter unless otherwise expressly stated or implied by the context: (1) “Board” means the Board of Medical Licensure and Discipline. (2) “Certificate to practice medicine” means the authorization awarded by the Board to a person who has been qualified to practice medicine in this State by meeting the requirements of this chapter. (3) “Conversion therapy” means any practice or treatment that seeks to change an individual’s sexual orientation or gender identity, as “sexual orientation” and “gender identity” are defined in § 710 of Title 19, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. “Conversion therapy” does not mean any of the following: a. Counseling that provides assistance to an individual who is seeking to undergo a gender transition or who is in the process of undergoing gender transition. b. Counseling that provides an individual with acceptance, support, and understanding without seeking to change an individual’s sexual orientation or gender identity. c. Counseling that facilitates an individual’s coping, social support, and identity exploration and development, including counseling in the form of sexual orientation-neutral interventions or gender identity-neutral interventions provided for the purpose of preventing or addressing unlawful conduct or unsafe sexual practices, without seeking to change an individual’s sexual orientation or gender identity. (4) “Division” means the Division of Professional Regulation. (5) “Electronic prescription” means a prescription that is generated on an electronic application and transmitted as an electronic data file. (6) “Executive Director” means the Executive Director of the Board of Medical Licensure and Discipline. (7) “Fertility treatment” means any test, procedure, medication, surgery, or service to address or enhance an individual’s ability to reproduce or get pregnant, including: a. In vitro fertilization. b. Intrauterine insemination. c. Ovulation induction. d. Embryo biopsy. e. Cryopreservation and thawing of eggs, sperm, and embryos. f. Cryopreservation of testicular or ovarian tissue. g. Storage or disposal of oocytes, sperm, embryos, or tissue. (8) “Healthcare institution” means a facility or agency licensed, certified, or otherwise authorized by law to provide, in the ordinary course of business, treatments, services, or procedures to maintain, diagnose, or otherwise affect a person’s physical or mental condition. (9) “Healthcare services” means any assessment, diagnosis, treatment, procedure, prescription, test, medication, advice, or other service by a healthcare professional who is licensed, certified, or otherwise legally authorized to provide care in this State, acting within the scope of that authorization. “Healthcare services” includes primary care, preventive care, the prescribing or administration of prescription drugs, therapeutic care, reproductive health services, mental health care, and surgical services. (10) “Housing status” means as defined in § 204 of Title 19. (11) “Medical group” means 1 or more physicians or other health-care practitioners who work together under the name of a professional corporation, a limited liability partnership, or other legal entity. (12) “Medicine” means the science of restoring or preserving health and includes allopathic medicine and surgery, osteopathic medicine and surgery, and all the respective branches of the foregoing. (13) “Physician” means an allopathic doctor of medicine and surgery or a doctor of osteopathic medicine and surgery who is registered and certified to practice medicine pursuant to this chapter. (14) “Practice of medicine” or “practice medicine” includes: a. Advertising, holding out to the public, or representing in any manner that one is authorized to practice medicine in this State; b. Offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of another person; c. Offering or undertaking to prevent or to diagnose, correct, and/or treat in any manner or by any means, methods, or devices a disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of another person, including the management of pregnancy and parturition; d. Offering or undertaking to perform a surgical operation upon another person; e. Rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a person or the actual rendering of treatment to a person within the State by a physician located outside the State as a result of transmission of the person’s medical data by electronic or other means from within the State to the physician or to the physician’s agent; f. Rendering a determination of medical necessity or a decision affecting or modifying the diagnosis and/or treatment of a person; g. Using the designation Doctor, Doctor of Medicine, Doctor of Osteopathy, physician, surgeon, physician and surgeon, Dr., M.D., or D.O., or a similar designation, or any combination thereof, in the conduct of an occupation or profession pertaining to the prevention, diagnosis, or treatment of human disease or condition, unless the designation additionally contains the description of another branch of the healing arts for which one holds a valid license in the State. For the purposes of this chapter, in order that the full resources of the State are available for the protection of persons using the services of physicians, the act of the practice of medicine occurs where a person is located at the time a physician practices medicine upon the person. (15) “Protective hairstyle” includes braids, locks, and twists. (16) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle. (17) “Registration” means the entry of a certificate to practice medicine into the records of the Board of Medical Licensure and Discipline pursuant to the regulations of the Board. (18) “Reproductive health services” are healthcare services and include all of the following: a. “Abortion” as defined in § 1782 of this title. b. “Termination of pregnancy” as authorized in § 1790 of this title. c. Emergency contraception that is approved by the Federal Drug Administration and available over-the-counter, with a prescription, or dispensed consistent with the requirements of Chapter 25 of this title. d. Services relating to pregnancy or the termination of pregnancy including medical, surgical, counseling, or referral services. e. Fertility treatment. (19) “Store and forward transfer” means the transmission of a patient’s medical information either to or from an originating site or to or from the provider at the distant site, but does not require the patient being present nor must it be in real time. (20) “Substantially related” means the nature of criminal conduct for which a person was convicted has a direct bearing on the person’s fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of medicine, the work of a physician associate, of the practice of respiratory care. (21) “Unauthorized practice of medicine” means the practice of medicine as defined in this section by a person not authorized under this chapter to perform an act set forth in that subsection, unless excepted by § 1703 of this title. (22) “Viability” means the point in a pregnancy when, in a physician’s good faith medical judgment based on the factors of a patient’s case, there is a reasonable likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures. 60 Del. Laws, c. 462, §  1 ; 61 Del. Laws, c. 68, §§  2, 3 ; 62 Del. Laws, c. 90, §  1 ; 62 Del. Laws, c. 112, §  1 ; 63 Del. Laws, c. 62, §  1 ; 65 Del. Laws, c. 490, §  1 ; 67 Del. Laws, c. 5, §  1 ; 67 Del. Laws, c. 434, §  1 ; 68 Del. Laws, c. 147, §  1 ; 68 Del. Laws, c. 152, §  1 ; 69 Del. Laws, c. 355, §§  1, 2, 6 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 283, §  1 ; 74 Del. Laws, c. 262, §  27 ; 75 Del. Laws, c. 141, §  1 ; 77 Del. Laws, c. 319, §  1 ; 80 Del. Laws, c. 80, §  2 ; 81 Del. Laws, c. 35, § 1 ; 81 Del. Laws, c. 340, § 2 ; 82 Del. Laws, c. 75, § 3 ; 82 Del. Laws, c. 261, §§  4, 16 ; 83 Del. Laws, c. 13, §§   19, 20 ; 83 Del. Laws, c. 52, § 5 ; 83 Del. Laws, c. 327, § 1 ; 84 Del. Laws, c. 422, § 1 ; 84 Del. Laws, c. 429, § 8 ; 85 Del. Laws, c. 102, § 1 ; 85 Del. Laws, c. 253, § 1 ; § 1703 Nonapplicability of certain provisions [For application of this section, see 85 Del. Laws, c. 253, § 23]. 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 associates, 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 oneself “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 associate; (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(14)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 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 422, § 1 ; 84 Del. Laws, c. 429, § 8 ; 85 Del. Laws, c. 102, § 1 ; 85 Del. Laws, c. 253, § 1 ; § 1704 State requirement for services of a physician or surgeon. If a law, rule, or regulation of this State requires the services or qualifications of a physician or surgeon, the requirement may be met only by a person registered and certified to practice medicine under this chapter. 60 Del. Laws, c. 462, §  1 ; 62 Del. Laws, c. 417, §  1 ; 75 Del. Laws, c. 141, §  2 ; § 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 § 122(3)z. of Title 16. For purposes of this section, “facility” and “office-based surgery” mean as defined in § 122(3)y. of Title 16. 78 Del. Laws, c. 80, §  3 ; 81 Del. Laws, c. 417, § 4 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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, regulatory, and disciplinary body for the practice of medicine. The Board also has the sole authority in this State to issue authorizing documents to practice other specified professions or occupations regulated by this chapter, and to supervise, regulate, and discipline members of those professions and occupations. (b) The Board consists of 16 voting members appointed by the Governor, which shall be composed of the following members: (1) Eight persons certified and registered to practice medicine in this State, at least 1 of whom is an osteopathic physician, as follows: a. Four have their primary place of practicing medicine in New Castle County; b. Two shall have their primary place of practicing medicine in Kent County; c. Two shall have their primary place of practicing medicine in Sussex County. (2) Five public members. (3) Two physician associates recommended by the Regulatory Council for Physician Associates. (4) The Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division. (c) A public member, except a physician associate, may not be nor may ever have been certified, licensed, or registered pursuant to this chapter; may not be the spouse of someone certified, licensed, or registered pursuant to this chapter; at the time of appointment may not be a member of the immediate family of someone certified, licensed, or registered pursuant to this chapter. (d) The Medical Society of Delaware and the Delaware State Osteopathic Medical Society may submit lists of their resident members and any recommendations to the Governor by January 1 of each year under the seal of and signed by the Secretary of the Society to aid the Governor in the appointment of new members to the Board. (e) An appointment to the Board to succeed a member whose term has expired shall be for a 3-year term. Vacancies occurring for any cause other than expiration of term shall be filled by the Governor for the unexpired term as provided in this subsection. (f) A physician-appointee to the Board must be a certified and registered physician in good standing, and must have practiced medicine under the laws of this State for a period of not less than 5 years prior to the physician-appointee’s appointment to the Board. (g) The Governor shall fill vacancies on the Board and, after a hearing, may remove a member of the Board for cause due to the member’s neglect of the duties required by this chapter, or on the recommendation of the Board, after a hearing, due to the member’s unprofessional or dishonorable conduct. (h) A member of the Board may not serve more than 3 full, consecutive 3-year terms, which is not diminished by serving an unexpired term. Upon serving 3 full, consecutive 3-year terms, a former member is eligible for reappointment to the Board no earlier than 1 year after the expiration of the last term served on the Board by the former member. (i) (1) While serving on the Board, a member may not be an officer of any state or local allopathic or osteopathic medical society. (2) While serving on the Board, a member of the Board may not be a member of the board of directors of a professional review organization. (j) Each member of the Board shall be compensated at an appropriate and reasonable level as determined by the Division of Professional Regulation not more than $100 for each meeting attended, and not more than a total of $1,500 for meetings attended in a calendar year, and may be reimbursed for all expenses involved in each meeting, including travel, according to Division policy. 60 Del. Laws, c. 462, §  1 ; 63 Del. Laws, c. 270, §  1 ; 64 Del. Laws, c. 327, §  5 ; 64 Del. Laws, c. 477, §  1 ; 67 Del. Laws, c. 226, §§  1-4 ; 67 Del. Laws, c. 368, §  9 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 102, §  1 ; 71 Del. Laws, c. 105, §  1 ; 75 Del. Laws, c. 141, §  1 ; 75 Del. Laws, c. 358, §  1 ; 77 Del. Laws, c. 319, §§  1-4, 12, 13 ; 81 Del. Laws, c. 97, § 1 ; 83 Del. Laws, c. 16, § 1 ; 84 Del. Laws, c. 92, § 7 ; 85 Del. Laws, c. 253, § 1 ; § 1710 Composition [For application of this section, see 85 Del. Laws, c. 253, § 23] [Effective 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, regulatory, and disciplinary body for the practice of medicine. The Board also has the sole authority in this State to issue authorizing documents to practice other specified professions or occupations regulated by this chapter, and to supervise, regulate, and discipline members of those professions and occupations. (b) The Board consists of 16 voting members appointed by the Governor, which shall be composed of the following members: (1) Eight persons certified and registered to practice medicine in this State, at least 1 of whom is an osteopathic physician, as follows: a. Four have their primary place of practicing medicine in New Castle County; b. Two shall have their primary place of practicing medicine in Kent County; c. Two shall have their primary place of practicing medicine in Sussex County. (2) Five public members. (3) Two physician associates recommended by the Regulatory Council for Physician Associates. (4) The Director of the Division of Public Health. (c) A public member, except a physician associate, may not be nor may ever have been certified, licensed, or registered pursuant to this chapter; may not be the spouse of someone certified, licensed, or registered pursuant to this chapter; at the time of appointment may not be a member of the immediate family of someone certified, licensed, or registered pursuant to this chapter. (d) The Medical Society of Delaware and the Delaware State Osteopathic Medical Society may submit lists of their resident members and any recommendations to the Governor by January 1 of each year under the seal of and signed by the Secretary of the Society to aid the Governor in the appointment of new members to the Board. (e) An appointment to the Board to succeed a member whose term has expired shall be for a 3-year term. Vacancies occurring for any cause other than expiration of term shall be filled by the Governor for the unexpired term as provided in this subsection. (f) A physician-appointee to the Board must be a certified and registered physician in good standing, and must have practiced medicine under the laws of this State for a period of not less than 5 years prior to the physician-appointee’s appointment to the Board. (g) The Governor shall fill vacancies on the Board and, after a hearing, may remove a member of the Board for cause due to the member’s neglect of the duties required by this chapter, or on the recommendation of the Board, after a hearing, due to the member’s unprofessional or dishonorable conduct. (h) A member of the Board may not serve more than 3 full, consecutive 3-year terms, which is not diminished by serving an unexpired term. Upon serving 3 full, consecutive 3-year terms, a former member is eligible for reappointment to the Board no earlier than 1 year after the expiration of the last term served on the Board by the former member. (i) (1) While serving on the Board, a member may not be an officer of any state or local allopathic or osteopathic medical society. (2) While serving on the Board, a member of the Board may not be a member of the board of directors of a professional review organization. (j) Each member of the Board shall be compensated at an appropriate and reasonable level as determined by the Division of Professional Regulation not more than $100 for each meeting attended, and not more than a total of $1,500 for meetings attended in a calendar year, and may be reimbursed for all expenses involved in each meeting, including travel, according to Division policy. 60 Del. Laws, c. 462, §  1 ; 63 Del. Laws, c. 270, §  1 ; 64 Del. Laws, c. 327, §  5 ; 64 Del. Laws, c. 477, §  1 ; 67 Del. Laws, c. 226, §§  1-4 ; 67 Del. Laws, c. 368, §  9 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 102, §  1 ; 71 Del. Laws, c. 105, §  1 ; 75 Del. Laws, c. 141, §  1 ; 75 Del. Laws, c. 358, §  1 ; 77 Del. Laws, c. 319, §§  1-4, 12, 13 ; 81 Del. Laws, c. 97, § 1 ; 83 Del. Laws, c. 16, § 1 ; 84 Del. Laws, c. 92, § 7 ; 85 Del. Laws, c. 253, § 1 ; 84 Del. Laws, c. 92, § 9 ; § 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 Division, set job duties for the Board’s Executive Director and other necessary staff. The Executive Director may not be a Board member. The Executive Director and other necessary staff are employees of the Division. (c) The Board, with the approval of the Division, shall establish and maintain an office within this State. (d) The Board shall meet at least 8 times a year at a public place and at a time as the Board determines, subject to guidelines established or approved by the Division of Professional Regulation. (e) Unless otherwise provided in this chapter, meetings of the Board are open to the public and may be closed to the public only in accordance with the provisions contained in § 10004 of Title 29. 60 Del. Laws, c. 462, §  1 ; 60 Del. Laws, c. 686, §  1 ; 67 Del. Laws, c. 226, §  5 ; 75 Del. Laws, c. 141, §  1 ; § 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 this chapter, including the express provisions in subsection (b) of this section. (b) An affirmative vote of at least 7 members of the Board present and voting at a meeting is required to adopt a regulation which can deprive a physician of the physician’s certificate to practice medicine or subject a physician to disciplinary action. 60 Del. Laws, c. 462, §  1 ; 61 Del. Laws, c. 68, §  1 ; 67 Del. Laws, c. 226, §  6 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 141, §  1 ; § 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 Director, the character of each applicant for a certificate to practice medicine, or for a certificate, license, or other authorizing document to practice any other profession or occupation regulated by this chapter, to determine if the applicant has previously engaged in unprofessional conduct pursuant to § 1731(b) of this title, and to investigate the physical and mental capability of physicians to engage in the practice of medicine, or of members of other professions or occupations regulated by this chapter to engage in the practice of their professions or occupations, with reasonable skill and safety to patients pursuant to § 1731(c) of this title; (2) To conduct or approve of professional or occupational examinations as it deems necessary and proper to determine the professional or occupational qualifications of each person who applies for a certificate to practice medicine in this State, or who applies for a certificate, license, or other authorizing document to practice any other profession or occupation regulated under this chapter; (3) To investigate, through the Executive Director, complaints or charges of unprofessional conduct against the holder of a certificate to practice medicine, or such complaints or charges against the holder of any certificate, license, or other authorizing document issued under this chapter; (4) To investigate, through the Executive Director, complaints and charges of the inability of a person to practice medicine, or to practice any other profession or occupation regulated under this chapter, with reasonable skill or safety to patients due to the person’s physical, mental, or emotional illness or incompetence, including but not limited to deterioration through the aging process, or loss of motor skill, or excessive use or abuse of drugs, including alcohol; (5) To investigate, through the Executive Director, complaints of the unauthorized practice of medicine or the unauthorized practice of any other profession or occupation regulated under this chapter; (6) To levy fines not to exceed $50,000, and to grant, deny, restrict, revoke, suspend, reinstate, or reissue a certificate to practice medicine or a certificate, license, or other authorizing document to practice any profession or occupation regulated under this chapter; (7) To issue subpoenas, compel the attendance of witnesses, and administer oaths; (8) To require the production of and receive information regarding changes in hospital privileges as a result of disciplinary or other adverse action taken by a hospital, or regarding disciplinary or other adverse action taken by a medical society against any person certified under this chapter to practice medicine; (9) To reprimand, censure, take other appropriate disciplinary action, or restrict professional or occupational activities with respect to any person certified to practice medicine in this State or any other person certified, licensed, or otherwise authorized to practice a profession or occupation regulated under this chapter; (10) To take depositions or cause depositions to be taken, as needed in any investigation, hearing, or proceeding; (11) To hold hearings; (12) To promulgate rules and regulations not inconsistent with or beyond the scope of this chapter or other laws of this State for carrying out the powers and duties required by this chapter; (13) By resolution passed by a majority of the members of the Board, to designate 1 or more committees, with each committee to include 1 or more of the members of the Board and such other person or persons as may be appropriate; provided, however, that a committee may not levy a fine, or grant or refuse to grant, restrict, revoke, suspend, reinstate, or reissue a certificate to practice medicine or a certificate, license, or other authorizing document to practice another profession or occupation issued under this chapter; (14) To designate records of the Board confidential and exempt from public disclosure, in accordance with § 10002 of Title 29; (15) To designate 3 members of the Board, through the Executive Director, to act as a hearing panel for the purpose of hearing charges of unprofessional conduct as set forth in § 1731(b) of this title or charges of the inability to practice medicine as set forth in § 1731(c) of this title, or for the purpose of making determinations of fact in connection with the temporary suspension of a certificate to practice medicine pursuant to § 1738 of this title, or for necessary purposes relating to disciplinary or other action against the holder of a certificate, license, or other authorizing document issued under this chapter; (16) To designate, through the Executive Director, any person qualified by relevant experience as an examiner for the purpose of hearing any alleged charges of the inability to practice medicine as set forth in § 1731(c) of this title, or for the purpose of making determinations of fact in connection with the temporary suspension of a certificate to practice medicine pursuant to § 1738 of this title, or for necessary purposes relating to disciplinary or other action against the holder of a certificate, license, or other authorizing document issued under this chapter; (17) To perform duties regarding emergency medical services systems and paramedic services set forth in Chapters 97 and 98 of Title 16; (18) To utilize licensed medical professionals who are not Board members as co-investigators when a complaint’s allegations implicate unique subject matters. The co-investigator who is not a Board member must possess particular expertise in the unique subject matter that is at issue when a co-investigator is needed under this paragraph. (b) A member of the Board or a member of any committee designated by the Board pursuant to paragraph (a)(13) of this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, arising from any act or omission under the authority of this chapter so long as the member acted in good faith and without gross or wanton negligence, with good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant. (c) A member of the Board may not discriminate, by reason of gender, race, color, creed, religion, age, disability, national origin, housing status, or any other basis protected under Chapter 45 of Title 6, against a person holding or applying for a certificate to practice medicine, or for an authorizing document to practice another occupation or profession pursuant to this chapter. (d) Continuing education. — (1) The Board shall provide by rule or regulation for continuing education for persons certified to practice medicine or other professions or occupations pursuant to this chapter. (2) For professionals who are renewing their license in 2027, the Board must require, for that renewal only, that the professional have completed at least 2 hours of the total required during that reporting period of continuing education dedicated to the diagnosis, treatment, or care of patients with Alzheimer’s disease or other dementias. (3) For professionals renewing their license after 2027, the Board must require that the professional have completed at least 2 hours of the total required during that reporting period of continuing education dedicated to the diagnosis, treatment, or care of patients with Alzheimer’s disease or other dementias. (4) A professional is exempt from the requirement of paragraph (d)(3) of this section if the professional previously completed in a prior reporting period the continuing education required by this section. The professional must provide a sworn statement or attestation in a form determined by the Division of Professional Regulation that this continuing education was previously completed in a prior reporting period. (5) A professional is exempt from the requirement of paragraph (d)(2) or (d)(3) of this section if the professional does not provide health-care services to or have direct patient interactions with adults age 26 or older. The professional must provide a sworn statement or attestation in a form determined by the Division of Professional Regulation that the professional is exempt under this paragraph from the continuing education required by paragraph (d)(2) or (d)(3) of this section. (6) A professional is exempt from the requirement of paragraph (d)(2) or (d)(3) of this section if the professional does not provide health-care services to anyone within the State. The professional must provide a sworn statement or attestation in a form determined by the Division of Professional Regulation that the professional is exempt under this paragraph from the continuing education required by paragraph (d)(2) or (d)(3) of this section. (7) Any training on Alzheimer’s disease or other dementias previously applied to meet this requirement or any other Delaware state licensure or education requirement, professional accreditation or certification requirement, or health-care institutional practice agreement may count toward the continuing education requirement under paragraph (d)(3) of this section. (e) The Board shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of medicine, the work of a physician associate, the practice of respiratory care, the practice of acupuncture, the work of a genetic counselor, the practice of polysomnography, or midwifery. (f) The Board shall promulgate rules and regulations establishing guidelines for the imposition of disciplinary sanctions against persons certified or licensed to practice medicine or other professions or occupations regulated by this chapter. 75 Del. Laws, c. 141, §  1 ; 77 Del. Laws, c. 321, §  1 ; 77 Del. Laws, c. 325, §  14 ; 77 Del. Laws, c. 370, §  1 ; 81 Del. Laws, c. 97, § 2 ; 83 Del. Laws, c. 422, § 1 ; 84 Del. Laws, c. 194, § 1 ; 84 Del. Laws, c. 429, § 9 ; 84 Del. Laws, c. 468, § 1 ; 85 Del. Laws, c. 144, § 13 ; 85 Del. Laws, c. 253, § 1 ; § 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 Division for services or activities provided on behalf of the Board. A separate fee may be charged for each service or activity, but a fee may not be charged for a purpose not specified in this chapter. The application fee for a certificate to practice medicine, or for a certificate, license, or other authorizing document to practice any other profession or occupation regulated by this chapter, may not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or another State agency acting in its behalf, shall compute and set the fee for each separate service or activity that the Board or the Division expects to provide during that licensure biennium. 60 Del. Laws, c. 462, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 102, §  2 ; 75 Del. Laws, c. 141, §  1 ; § 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 or occupation regulated under this chapter, for registrations and renewal of registrations of certificates to practice medicine, for licenses and renewals of licenses to practice as physician associates, for licenses and renewals of licenses to practice respiratory therapy, and for all other certificates, licenses, registrations, or other authorizing documents to practice any profession or occupation regulated under this chapter and their renewals, granted by the Board. In addition, the Director shall maintain complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board’s rules and regulations, complaints, hearings, and such other documents as the Board determines. Records of Board proceedings kept by the Division are prima facie evidence of the proceedings of the Board. An applicant, certificate holder, registrant, or licensee must notify the Division of Professional Regulation of a change in his or her address or in any other information on his or her application, registration, or renewal form within 15 days of the change. 71 Del. Laws, c. 102, §  3 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 141, §  2 ; 85 Del. Laws, c. 253, § 1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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 and renews it biennially; and (3) If required, has an occupational license pursuant to Part III of Title 30. (b) To receive a certificate to practice medicine in this State, an applicant for a certificate must: (1) Have a working ability to read, write, speak, understand, and be understood in the English language; (2) Possess the following educational credentials: a. A degree of Doctor of Medicine or Doctor of Osteopathy, or an equivalent degree, from a legally incorporated medical college or school located in the United States or Canada, which medical college or school has been approved by the appropriate accrediting body of the American Medical Association or the American Osteopathic Association; or b. A degree of Doctor of Medicine or Doctor of Osteopathy, or an equivalent degree, from a legally incorporated medical college or school located in a country other than the United States or Canada, medical college or school which is listed in the International Medical Education Directory (IMED), along with documentary proof that the applicant successfully passed the examination administered by the Educational Commission for Foreign Medical Graduates and the Federation of State Medical Boards; or c. A degree of Doctor of Medicine or Doctor of Osteopathy, or an equivalent degree, from a legally incorporated medical college or school located in a country other than the United States or Canada, which medical college or school is not listed in the International Medical Education Directory (IMED), but the applicant has completed 3 years of postgraduate training in a residency program which has been approved by the Accreditation Council for Graduate Medical Education and has successfully passed the examination administered by the Educational Commission for Foreign Medical Graduates and the Federation of State Medical Boards; d. Documentary proof that all clinical rotations served by the applicant in the United States or Canada as part of training received in a medical college or school were conducted in institutions that are formal parts, such as a primary hospital, of a medical college or school or that have formal affiliation with a medical college or school approved by the appropriate accrediting body of the American Medical Association or the American Osteopathic Association, or that the clinical rotations were served in hospitals which had, at the time the rotations were served, a residency training program approved by the Accreditation Council for Graduate Medical Education in the subject matter of the clinical rotation; (3) Have satisfactorily completed an internship or equivalent training in an institution, which internship or equivalent training and institution are approved by the Board; (4) Submit to the Board a sworn or affirmed statement that the applicant: a. Has not been convicted of or has not admitted under oath to having committed a crime substantially related to the practice of medicine, provided however, that a waiver may be available pursuant to subsection (e) of this section; b. Has not been professionally penalized for or convicted of drug addiction; c. Has not had the applicant’s license or certificate or other authorizing document to practice allopathic medicine or osteopathic medicine in any other state, territory, or foreign nation revoked, suspended, restricted, limited, or subjected to disciplinary or other action by the certifying or licensing authority thereof, or an application to practice denied; d. Has not been removed, suspended, expelled, or disciplined by any professional medical association or society when the removal, suspension, expulsion, or discipline was based upon what the association or society found to be unprofessional conduct, professional incompetence, or professional malpractice; e. Has not been disciplined by a licensed hospital or by the medical staff of the hospital, including the removal, suspension, or limitation of hospital privileges, the nonrenewal of privileges for cause, the resignation of privileges under pressure of investigation or other disciplinary action, if the discipline was based upon what the hospital or medical staff found to be unprofessional conduct, professional incompetence, or professional malpractice; f. Has not engaged in the practice of medicine without a certificate or license or other authorization to practice medicine; g. Has not unlawfully prescribed narcotic drugs; h. Has not wilfully violated the confidence of a patient, except under legal requirement; i. Has not been professionally penalized or convicted of fraud; j. Has reviewed and acknowledges the applicant’s own duties to report unprofessional conduct under the Medical Practice Act and to report child abuse or neglect under § 903 of Title 16, or any successors thereto. (5) Submit to the Board a sworn or affirmed statement that the applicant is, at the time of application, physically and mentally capable of engaging in the practice of medicine according to generally accepted standards, and submit to such examination as the Board may deem necessary to determine the applicant’s capability; (6) Submit, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following: a. A report of the applicant’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person. b. A report of the applicant’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Board of Medical Licensure and Discipline shall be the screening point for the receipt of said federal criminal history records. c. An applicant may not be certified to practice medicine until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction for an offense that is substantially related to the practice of medicine, may not be certified by the Board unless a waiver is granted pursuant to subsection (e) of this section. The State Bureau of Identification may release any subsequent criminal history to the Board. (7) Pass the professional examination pursuant to § 1721 of this title, unless excepted under § 1722 of this title or waived as provided in subsection (e) of this section. (8) [Repealed.] (c) An applicant for a certificate to practice medicine in this State must submit to the Board an application in writing in such form as the Board requires. (d) An applicant for a certificate to practice medicine in this State must fulfill the requirements of subsection (b) of this section in accord with the form and manner required by the Board in its rules and regulations. The applicant must also pay the application fee set by the Division, and, unless an exception in § 1722 of this title applies, the applicant must pass a professional examination pursuant to § 1721 of this title. (e) The Board, by the affirmative vote of 9 of its members, may waive any of the requirements of this section if it finds all of the following by clear and convincing evidence: (1) The applicant’s education, training, qualifications, and conduct have been sufficient to overcome the deficiency or deficiencies in meeting the requirements of this section; (2) The applicant is capable of practicing medicine in a competent and professional manner; (3) The granting of the waiver will not endanger the public health, safety, or welfare; and (4) For waiver of a criminal conviction other than a conviction of a felony sexual offense, the Board shall grant a waiver if it determines, after consideration of the factors set forth in § 8735(x)(3) of Title 29, that granting a waiver would not create an unreasonable risk to public safety. A waiver may not be granted to any person who is convicted of a felony sexual offense. The time limitation set forth in § 8735(x)(4) of Title 29 does not apply to a felony sexual offense. (5) [Repealed.] (f) In determining if an applicant qualifies for certification to practice medicine, the Board may rely upon relevant decisions made by the appropriate authority in other states and may not permit a collateral attack upon those decisions. (g) Notwithstanding any language to the contrary, the Board shall not issue a license to an applicant until first verifying that an applicant is not listed on either the Adult Abuse Registry or the Child Protection Registry as being substantiated for abuse or neglect. (h) An applicant for initial or renewal certification to practice medicine in this State must disclose whether the applicant has ever been the subject of an investigation by any licensing authority, medical association, hospital or other healthcare institution. The Board may require an applicant to provide sufficient documentation to enable the Board to determine whether investigation or a diagnostic mental or physical examination is necessary to determine the applicant’s qualifications for certification to practice medicine in this State. Any such investigation or diagnostic mental or physical examination shall be conducted pursuant to § 1732 of this title. (i) All individuals licensed to practice under this chapter shall be required to be fingerprinted by the State Bureau of Identification, at the licensee’s expense, for the purposes of performing subsequent criminal background checks. Licensees who received their initial license to practice on or before July 1, 2007, shall submit by January 1, 2012, at the applicant’s expense, fingerprints and other necessary information in order to obtain a criminal background check. (j) The Board may issue an administrative medicine license to a physician who meets all qualifications for licensure, including payment of a fee set by the Division of Professional Regulation, except that an applicant for an administrative medicine license shall not be required to show that the applicant has been engaged in the active practice of medicine, as defined in the Board’s regulations. Administrative medicine licensees may not provide medical or clinical services to or for patients and shall attest to understanding this on the application. (k) A nonhuman entity, including an agent powered by artificial intelligence, may not be certified to practice medicine in this State. ( l ) A nonhuman entity, including an agent powered by artificial intelligence, may not use any of the following titles: (1) Doctor or the abbreviation “Dr.” (2) Physician or surgeon. (3) Medical doctor or the abbreviation “MD.” (4) Doctor of osteopathy or the abbreviation “DO.” 20 Del. Laws, c. 40, §  13 ; 24 Del. Laws, c. 139, §  1 ; Code 1915, §  846; 33 Del. Laws, c. 58, §  1 ; Code 1935, §  925; 41 Del. Laws, c. 86, §  1 ; 24 Del. C. 1953, §§  1732, 1733; 50 Del. Laws, c. 369, §  1 ; 52 Del. Laws, c. 323, §§  1, 2 ; 58 Del. Laws, c. 511, §  53 ; 59 Del. Laws, c. 55, §§  1-3 ; 60 Del. Laws, c. 462, §  1 ; 64 Del. Laws, c. 477, §  3 ; 67 Del. Laws, c. 226, §  7 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 102, §  4 ; 74 Del. Laws, c. 262, §  28 ; 75 Del. Laws, c. 141, §  1 ; 75 Del. Laws, c. 399, §  1 ; 75 Del. Laws, c. 436, §  13 ; 77 Del. Laws, c. 319, §  1 ; 77 Del. Laws, c. 323, §  1 ; 77 Del. Laws, c. 324, §§  1, 2 ; 77 Del. Laws, c. 460, §  4 ; 78 Del. Laws, c. 44, §§  16, 17 ; 79 Del. Laws, c. 194, §  1 ; 79 Del. Laws, c. 277, §  4 ; 80 Del. Laws, c. 86, §  1 ; 81 Del. Laws, c. 97, § 3 ; 83 Del. Laws, c. 433, § 11 ; 85 Del. Laws, c. 250, § 2 ; § 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 ; § 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 examination required pursuant to § 1721 of this title for the issuance of a certificate to practice medicine in the following cases: (1) The applicant for whom the examination is to be waived is licensed, certified, registered, or otherwise legally qualified to practice medicine in another state of the United States or in another jurisdiction, and seeks a temporary certificate to practice medicine for not less than 2 weeks nor more than 3 months for the purpose of taking charge of the practice of a person certified and registered to practice medicine in this State during the person’s temporary illness or absence from this State. The Board may, in its discretion, extend a temporary certificate to practice medicine pursuant to this paragraph for an additional 3 months, but not longer. A temporary certificate may be issued pursuant to this paragraph to an applicant by the Board upon the written request of a person certified and registered to practice medicine in this State and upon the payment of a fee established for such purpose by the Division of Professional Regulation. The written request must contain an affirmation that the purpose of the temporary certificate is to allow the applicant to take charge of the practice of a person certified and registered to practice medicine in this State during the person’s temporary illness or absence from the State; (2) The applicant for whom the examination is to be waived: a. Is employed in this State as an intern, resident, house physician, or fellow in a hospital accredited by the Joint Commission on the Accreditation of Hospitals or by the American Osteopathic Hospital Association; or b. Is a staff physician employed in a governmental institution in this State and is applying for a certificate to practice medicine for a period of time not to exceed the length of time of employment in the hospital or governmental institution. A certificate issued pursuant to this paragraph is subject to yearly renewal and restricts the applicant to practice only in the hospital or institution where the applicant is employed; (3) The applicant for whom the examination is to be waived is licensed, certified, registered, or otherwise legally authorized to practice medicine by competent authority in any other of the United States or in any other jurisdiction approved by the Board. (b) When a certificate to practice medicine is issued to an applicant pursuant to this section and the applicant registers with the Board and obtains an occupational license pursuant to Chapter 23 of Title 30, the applicant may practice medicine in this State, but only for the time and only under the conditions, if any, specified in the certificate. 60 Del. Laws, c. 462, §  1 ; 71 Del. Laws, c. 102, §  6 ; 75 Del. Laws, c. 141, §  1 ; § 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