Chapter 5

§ 501 Objectives. The primary objective of the Board of Podiatry, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices that tend to reduce competition or fix the price of services rendered. The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence, shall monitor complaints brought against practitioners regulated by the Board, shall adjudicate at formal hearings, shall promulgate rules and regulations, and shall impose sanctions where necessary against licensed practitioners. 64 Del. Laws, c. 39, §  1 ; 72 Del. Laws, c. 213, §  1 ; § 502 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning: (1) “Board” shall mean the State Board of Podiatry established in this chapter. (2) “Diagnosis” shall mean the ascertainment of a disease or ailment by its general symptoms. (3) “Division” shall mean the State Division of Professional Regulation. (4) “Electrical treatment” shall mean the administration of electricity to the foot and ankle by means of electrodes, machinery, rays and the like. (5) “Electronic prescription” means a prescription that is generated on an electronic application and transmitted as an electronic data file. (6) “Excessive use or abuse of drugs” shall mean any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician or the abuse of alcoholic beverages such that it impairs a person’s ability to perform the work of a podiatrist. (7) “Housing status” means as defined in § 204 of Title 19. (8) “Manipulative treatment” shall mean the use of the hand or machinery in the operation of or working upon the foot and its articulations. (9) “Mechanical treatment” shall mean the application of any mechanical appliance made of steel, leather, felt or any material to the foot or the shoe for the purpose of treating any disease, deformity or ailment. (10) “Medical treatment” shall mean the application to or prescription for the foot and ankle of medicine, pads, adhesives, felt, plasters or any medicinal agency. (11) “Podiatrist” shall mean a person who is qualified to practice podiatry and is licensed under this chapter. (12) “Practice of podiatry” shall mean the diagnosis and the medical, surgical, mechanical, manipulative and electrical treatment of all ailments of the foot and ankle. As appropriate in regulation, these services may be performed with the use of telemedicine. Podiatry may also include participation in telehealth, as further defined in regulation. Amputation of the foot shall be restricted to state-licensed podiatrists who have completed an American Podiatric Medical Association accredited surgical residency program acceptable to the Board and have current amputation privileges, or have fulfilled the credentialing criteria of the surgical committee of the Joint Committee on Accreditation of Hospitals accredited hospital where the amputation is to be performed. (13) “Protective hairstyle” includes braids, locks, and twists. (14) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle. (15) “State” shall mean the State of Delaware. (16) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to podiatry. (17) “Surgical treatment” shall mean the use of any cutting instrument to treat a disease, ailment or condition. 33 Del. Laws, c. 66, §  2 ; 40 Del. Laws, c. 108, §  2 ; Code 1935, §  5385; 24 Del. C. 1953, §  501; 53 Del. Laws, c. 315, §  1 ; 61 Del. Laws, c. 356, §  1 ; 64 Del. Laws, c. 39, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 213, §  1 ; 74 Del. Laws, c. 262, §  12 ; 80 Del. Laws, c. 80, §  7 ; 82 Del. Laws, c. 75, § 1 ; 82 Del. Laws, c. 261, §§  5, 16 ; 83 Del. Laws, c. 13, §§   15, 16 ; 83 Del. Laws, c. 52, § 7 ; 84 Del. Laws, c. 429, § 4 ; § 503 Board of Podiatry; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation. (a) There is created a State Board of Podiatry that shall administer and enforce this chapter. (b) The Board shall consist of 5 members, appointed by the Governor, who are residents of this State: 3 shall be podiatrists licensed under this chapter and 2 shall be public members. The public members shall not be, nor ever have been, podiatrists, nor members of the immediate family of a podiatrist; shall not have been employed by a podiatrist or a company engaged in the practice of podiatry; shall not have a material interest in the providing of goods and services to podiatrists; nor have been engaged in an activity directly related to podiatry. The public members shall be accessible to inquiries, comments and suggestions from the general public. (c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may serve 1 additional term in succession. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless or until replaced by the Governor. Persons who are members of the Board on July 20, 1999, shall complete their terms. (d) A person who has never served on the Board may be appointed to the Board for 2 consecutive terms, but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Board or who has served on the Board for 6 years within any 9-year period shall again be appointed to the Board until an interim period of at least 1 term has expired since such person last served. (e) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section, unless such an amendment or revision amends this section to permit such an appointment. (f) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court. (g) No member of the Board, while serving on the Board, shall hold elective office in any professional association of podiatrists; this includes a prohibition against serving as head of the professional association’s Political Action Committee (PAC). (h) The provisions set forth in Chapter 58 of Title 29 shall apply to all members of the Board. (i) Any member who is absent without adequate reason for 3 consecutive meetings or fails to attend at least 1 / 2 of all regular business meetings during any calendar year shall be guilty of neglect of duty. (j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition, shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9. 33 Del. Laws, c. 66, §§  3, 14 ; 40 Del. Laws, c. 108, §§  3, 17 ; Code 1935, §§  5386, 5398; 42 Del. Laws, c. 159, §  1 ; 24 Del. C. 1953, §§  502, 503; 53 Del. Laws, c. 315, §  1 ; 61 Del. Laws, c. 356, §  1 ; 64 Del. Laws, c. 39, §  1 ; 67 Del. Laws, c. 368, §  4 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 213, §  1 ; 81 Del. Laws, c. 85, § 3 ; 83 Del. Laws, c. 193, § 1 ; § 504 Organization; meetings; officers; quorum. (a) The Board shall hold a regularly scheduled business meeting at least once in each calendar year and at such times as the President deems necessary, or at the request of a majority of the Board members. (b) The Board annually shall elect a president and secretary. Each officer shall serve for 1 year, and shall not succeed oneself for more than 2 consecutive terms. (c) A majority of the members shall constitute a quorum for the purpose of transacting business, and no disciplinary action shall be taken without the affirmative vote of at least 3 members. (d) Minutes of all meetings shall be recorded, and the Division of Professional Regulation shall maintain copies. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it. 33 Del. Laws, c. 66, §  3 ; 40 Del. Laws, c. 108, §  3 ; Code 1935, §  5386; 42 Del. Laws, c. 159, §  1 ; 24 Del. C. 1953, §  502; 53 Del. Laws, c. 315, §  1 ; 61 Del. Laws, c. 356, §  1 ; 64 Del. Laws, c. 39, §  1 ; 65 Del. Laws, c. 355, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 213, §  1 ; 83 Del. Laws, c. 193, § 2 ; 84 Del. Laws, c. 42, § 1 ; § 505 Records. The Division of Professional Regulation shall keep a register of all approved applications for license as a podiatrist and 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 matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board. 72 Del. Laws, c. 213, §  1 ; § 506 Powers and duties; immunity. (a) The Board of Podiatry shall have authority to: (1) Formulate rules and regulations with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act [Chapter 101 of Title 29] of this State. Each rule or regulation shall implement or clarify a specific section of this chapter. (2) Designate the application form to be used by all applicants and to process all applications. (3) Designate the written, standardized examination on podiatry administered by the National Board of Podiatric Medical Examiners (NBPME) and the Podiatric Medical Licensing Examination for States (PMLEXIS), to be taken by all persons applying for licensure. (4) Evaluate the credentials of all persons applying for a license to practice podiatry in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this chapter. (5) Grant licenses to and renew licenses of all persons who meet the qualifications for licensure, including those persons who apply for temporary licensure. (6) Establish by rule and regulation continuing education standards required for license renewal. (7) Evaluate certified records to determine whether an applicant for licensure who previously has been licensed, certified or registered in another jurisdiction has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicant for such acts or offenses. (8) Refer all complaints from licensees and the public concerning licensed podiatrists or concerning practices of the Board or of the profession to the Division for investigation pursuant to § 8735 of Title 29 and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint. (9) Conduct hearings and issue orders in accordance with procedures established pursuant to Chapter 101 of Title 29. (10) Where it has been determined after a hearing that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed. (b) The members of the Board shall not be subject to and shall be immune from claims, suit, liability, damages or any other recourse, civil or criminal, arising from any act, proceeding, decision or determination undertaken or performed, or recommendation made, so long as such member of the Board acted in good faith and without malice in carrying out the responsibilities, authority, duties, powers and privileges of the offices conferred by law upon them under this chapter, or any other provisions of the Delaware or federal law or rules or regulations or duly adopted rule or regulation of the Board. Good faith is presumed unless otherwise proven, and malice is required to be proven by the complainant. (c) A member of the Board may not discriminate against any applicant or person holding or applying for a certificate to practice podiatric medicine by reason of sex, race, color, creed, national origin, housing status, or any other basis protected under Chapter 45 of Title 6. (d) No member shall participate in any action of the Board involving directly or indirectly any person related in any way by blood or marriage to said member. (e) The Board of Podiatry shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of podiatry. 61 Del. Laws, c. 356, §  1 ; 64 Del. Laws, c. 39, §  1 ; 67 Del. Laws, c. 212, §§  1, 2 ; 72 Del. Laws, c. 213, §  1 ; 74 Del. Laws, c. 262, §  13 ; 84 Del. Laws, c. 429, § 5 ; 85 Del. Laws, c. 144, § 11 ; 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(); } } § 507 License required. (a) No person shall engage in the practice of podiatry or hold himself or herself out to the public in this State as being qualified to practice podiatry; or use in connection with that person’s name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person is qualified to practice podiatry, unless such person has been duly licensed under this chapter. (b) Whenever a license to practice as a podiatrist in this State has expired or been suspended or revoked, it shall be unlawful for the person to practice podiatry in this State. 64 Del. Laws, c. 39, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 213, §  1 ; § 508 Qualifications of applicant; report to Attorney General; judicial review. (a) An applicant who is applying for licensure as a podiatrist under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person: (1) Has received a degree of “Doctor of Podiatric Medicine” or its equivalent from a college or school approved by the Council on Podiatric Education of the American Podiatric Medical Association, or the successor of such Council. (2) Has satisfactorily completed a hospital residency program approved by the Council on Podiatric Medical Education. (3) Has satisfactorily completed the Podiatric Medical Licensing Examination for States (PMLEXIS); the minimum passing score shall be that score recommended by the testing service providing the examination. (4) Shall not have been the recipient of any administrative penalties regarding the applicant’s practice of podiatry, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has not entered into any “consent agreements” which contain conditions placed by a Board on the applicant’s professional conduct and practice, including any voluntary surrender of a license. The Board may determine, after a hearing, whether such administrative penalty is grounds to deny licensure. (5) Shall not have any impairment related to drugs, alcohol or a finding of mental incompetence by a physician that would limit the applicant’s ability to undertake the practice of podiatry in a manner consistent with the safety of the public. (6) Does not have a criminal conviction record, nor pending criminal charge relating to an offense that is substantially related to the practice of podiatry. Applicants who have criminal conviction records or pending criminal charges shall request appropriate authorities to provide information about the record or charge directly to the Board. If after considering the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(6). A waiver may not be granted for a conviction of a felony sexual offense. a.-d. [Repealed.] (7) Has not engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter, and has no disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has previously been or currently is licensed. (8) Notwithstanding the time limitation in § 8735(x)(4) of Title 29, has not been convicted of a felony sexual offense. (9) Has submitted, 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 Podiatry shall be the screening point for the receipt of said federal criminal history records. c. An applicant may not be licensed to practice podiatric medicine until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction that is substantially related to the practice of podiatry may not be licensed by the Board unless a waiver is granted pursuant to paragraph (a)(6) of this section. (10) Has submitted 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 podiatric medicine according to generally accepted standards, and submit to such examination as the Board may deem necessary to determine the applicant’s capability. (b) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that the applicant has supplied false information, the Board shall report its findings to the Attorney General for further action. (c) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for the applicant than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court. (d) All individuals licensed to practice podiatric medicine in this State 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 shall submit by January 1, 2016, at the applicant’s expense, fingerprints and other necessary information in order to obtain a criminal background check. 33 Del. Laws, c. 66, §  9 ; 40 Del. Laws, c. 108, §  4 ; Code 1935, §  5387; 42 Del. Laws, c. 160, §  1 ; 24 Del. C. 1953, §  504; 53 Del. Laws, c. 108, §  4 ; 53 Del. Laws, c. 315, §  1 ; 58 Del. Laws, c. 511, §  51 ; 61 Del. Laws, c. 356, §  1 ; 64 Del. Laws, c. 39, §  1 ; 67 Del. Laws, c. 212, §  3 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 213, §  1 ; 74 Del. Laws, c. 262, §  14 ; 75 Del. Laws, c. 436, §  4 ; 77 Del. Laws, c. 199, §  4 ; 78 Del. Laws, c. 44, §§  7, 8 ; 79 Del. Laws, c. 277, §  1 ; 80 Del. Laws, c. 50, §  1 ; 83 Del. Laws, c. 433, § 6 ; § 509 Examination. In the event an applicant for licensure has not successfully completed the PMLEXIS examination, or its successor, required by this chapter, the Board shall administer or authorize the administration of such examination provided the applicant has received a degree of “Doctor of Podiatric Medicine” as described in § 508(a)(1) of this title. All examinations shall be graded by the testing service providing the examinations. The passing score shall be established by the testing agency. 33 Del. Laws, c. 66, §§  4, 6 ; 40 Del. Laws, c. 108, §§  5, 6 ; Code 1935, §  5388; 24 Del. C. 1953, §  505; 53 Del. Laws, c. 108, §  5 ; 53 Del. Laws, c. 315, §  1 ; 61 Del. Laws, c. 356, §  1 ; 64 Del. Laws, c. 39, §  1 ; 67 Del. Laws, c. 212, §  6 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 213, §  1 ; § 510 Reciprocity. (a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure in “good standing” in another state, the District of Columbia or territory of the United States, whose standards for licensure are substantially similar to those of this State. A license in “good standing” is defined in § 508(a)(4)-(7) of this title. (b) An applicant, who is licensed or registered in a state whose standards are not substantially similar to those of this State, shall have practiced for a minimum of 5 years after licensure, provided however that the applicant meets all other qualifications for reciprocity in this section. (c) An applicant, who has received a degree of “Doctor of Podiatric Medicine” or its equivalent from a foreign school, college or university, shall submit a certified copy of the applicant’s school, college or university record for evaluation by the Board. (d) In the event that a disciplinary proceeding or unresolved complaint is pending, the applicant shall not be licensed in this State until the proceeding or complaint has been resolved. Applicants for licensure in this State shall be deemed to have given consent to the release of such information and to waive all objections to the admissibility of such information as evidence at any hearing or other proceeding to which the applicant may be subject. (e) Each application for licensure shall be accompanied by payment of the application fee. 64 Del. Laws, c. 39, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 213, §  1 ; § 511 Fees. The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other State agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium. 64 Del. Laws, c. 39, §  1 ; 65 Del. Laws, c. 355, §  1 ; 72 Del. Laws, c. 213, §  1 ; § 512 Issuance and renewal of licenses. (a) The Board shall issue a license to each applicant, who meets the requirements of this chapter for licensure as a podiatrist and who pays the fee established under § 511 of this title. (b) Each license shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee and submission of a renewal form provided by the Division, and proof that the licensee has met the continuing education requirements established by the Board. (c) The Board, in its rules and regulations, shall determine the period of time within which a licensed podiatrist may still renew the licensed podiatrist’s license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date, provided however that such period shall not exceed 1 year. (d) A licensee, upon written request, may be placed in an inactive status for no more than 5 years. Such person who desires to reactivate the licensee’s license shall complete a Board-approved application form, submit a renewal fee set by the Division, and submit proof of fulfillment of continuing education requirements in accordance with the Board’s rules and regulations. Code 1935, §  5398A; 43 Del. Laws, c. 240, §  1 ; 24 Del. C. 1953, §  509; 53 Del. Laws, c. 108, §  6 ; 53 Del. Laws, c. 315, §  1 ; 61 Del. Laws, c. 356, §  1 ; 64 Del. Laws, c. 39, §  1 ; 65 Del. Laws, c. 355, §  1 ; 67 Del. Laws, c. 212, §  4 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 213, §  1 ; § 513 Temporary license. (a) The Board, at its discretion, may issue a temporary license to practice podiatry in this State to a podiatrist, who is licensed or otherwise legally qualified to practice podiatry in any state of the United States or other jurisdiction, and who meets the following conditions: (1) The applicant is entering this State for the purpose of taking charge of the practice of a person licensed to practice podiatry in this State during such licensee’s temporary illness or absence from this State; and (2) The applicant shall complete an application, pay the appropriate fee established by the Division, and shall present proof of current licensure in “good standing” in the state or states where the applicant currently is and/or has been licensed. A license in “good standing” is defined in § 508(a)(4)-(7) of this title, and such applicant shall comply with the provisions of § 510(d) of this title. (b) The person licensed to practice medicine in this State shall make the licensee’s request to the Board in writing and shall submit a certified statement that the purpose of the temporary license is to take charge of the licensee’s practice of podiatry in this State during a temporary illness or absence from this State. (c) Such temporary license shall be effective for not less than 2 weeks nor for more than 3 months from date of issuance. (d) The Board may also issue a temporary license to practice as a podiatric physician to an applicant who is participating in a residency program in this State and who is an otherwise qualified applicant for licensure in this State. The temporary license for such residency program participant will be valid for the period of residency and will expire immediately upon completion of or withdrawal from the residency or 24 months from issuance whichever is earlier. Such temporary license may be renewed once only for an additional 24 months and any such renewed license shall also expire immediately upon completion of or withdrawal from the residency program. 67 Del. Laws, c. 212, §  5 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 213, §  1 ; 75 Del. Laws, c. 231, §§  1, 2 ; § 514 Complaints. (a) All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. (b) When it is determined that an individual is engaging, or has engaged, in the practice of podiatry, or is using the title “podiatrist” and is not licensed under the laws of this State, the Board shall apply to the Office of the Attorney General to issue a cease and desist order. (c) The Division shall have the authority to conduct inspections upon receipt of any complaint in connection with § 515(a)(8) of this title 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. 64 Del. Laws, c. 39, §  1 ; 65 Del. Laws, c. 355, §  1 ; 72 Del. Laws, c. 213, §  1 ; 78 Del. Laws, c. 15, §  8 ; § 515 Grounds for discipline. (a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 516 of this title, if, after a hearing, the Board finds that the podiatrist: (1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a podiatrist; has impersonated another person holding a license, or allowed another person to use the podiatrist’s license, or aided or abetted a person not licensed as a podiatrist to represent himself or herself as a podiatrist. (2) Has illegally, incompetently or negligently practiced podiatry. (3) Has been convicted of any offense, the circumstances of which substantially relate to the practice of podiatry. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor. (4) Has excessively used or abused drugs either in the past 3 years or currently. (5) Has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities. (6) Has violated a lawful provision of this chapter, or any lawful regulation established thereunder. (7) Has had his or her license as a podiatrist suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a podiatrist in this State shall be deemed to have given consent to the release of this information by the Board of Podiatry, or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses. (8) Has maintained a facility in an unsanitary or unsafe condition. For purposes of this section, “facility” shall have the same meaning as defined in § 122(3)y.3.C. of Title 16. (9) Has failed to notify the Board that the podiatrist’s license as a podiatrist in another state has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof; or, (10) Has a physical condition such that the performance of podiatry is or may be injurious or prejudicial to the public. (b) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no practitioner’s right to practice podiatry shall be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29]. (c) The Division shall have the authority to conduct inspections upon receipt of any complaint in connection with paragraph (a)(8) 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, 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. 64 Del. Laws, c. 39, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 213, §  1 ; 74 Del. Laws, c. 262, §  15 ; 78 Del. Laws, c. 15, §§  9, 10 ; § 516 Disciplinary sanctions. (a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 515 of this title applies to a practitioner regulated by this chapter: (1) Issue a letter of reprimand. (2) Censure a practitioner. (3) Place a practitioner on probationary status, and require the practitioner to: a. Report regularly to the Board upon the matters, which are the basis of the probation. b. Limit all practice and professional activities to those areas prescribed by the Board. (4) Suspend any practitioner’s license. (5) Revoke any practitioner’s license. (6) Impose a monetary penalty not to exceed $500 for each violation. (7) The Board shall permanently revoke the certificate to practice podiatric medicine of a person who is convicted of a felony sexual offense. (b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies, which required such action, have been remedied. (c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license. 33 Del. Laws, c. 66, §§  12, 13 ; 40 Del. Laws, c. 108, §§  11-13 ; Code 1935, §§  5393, 5394; 24 Del. C. 1953, §§  510, 511; 53 Del. Laws, c. 315, §  1 ; 61 Del. Laws, c. 356, §  1 ; 64 Del. Laws, c. 39, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 213, §  1 ; 79 Del. Laws, c. 213, §  2 ; 79 Del. Laws, c. 277, §  1 ; § 517 Hearing procedures. (a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 515 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29. (b) All hearings shall be informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter, as it deems necessary. The Board’s decision shall be in writing and shall include its reasons for such decision. The Board’s decision shall be mailed immediately to the practitioner. (c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with Chapter 101 of Title 29. 64 Del. Laws, c. 39, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 213, §  1 ; § 518 Reinstatement of a suspended license; removal from probationary status. (a) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation. (b) Where a license or registration has been suspended due to the licensee’s inability to practice pursuant to this chapter, the Board may reinstate such license, if, after a hearing, the Board is satisfied that the licensee is again able to perform the essential functions of a podiatrist, with or without reasonable accommodations; and/or, there is no longer a significant risk of substantial harm to the health and safety of the individual or others. (c) Applicants for reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate. (d) [Repealed.] 72 Del. Laws, c. 213, §  1 ; 82 Del. Laws, c. 8, § 2 ; § 518A 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 strength of the drug prescribed; (3) The quantity of the drug prescribed; (4) The directions for use of the drug; (5) Date of issue. (b) Notwithstanding any other provision of this section or any other law to the contrary, no person licensed under this chapter shall issue any prescription unless such prescription is made by electronic prescription from the person issuing the prescription to a pharmacy in accordance with regulations established by the Board, except for prescriptions issued: (1) By a veterinarian. (2) In circumstances where electronic prescribing is not available due to temporary technological or electrical failure, as set forth in regulation established by the Board. (3) By a practitioner to be dispensed by a pharmacy located outside the State, as set forth in regulations established by the Board. (4) When the prescriber and dispenser are the same entity. (5) That include elements that are not supported by the most recently implemented version of the National Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard. (6) By a practitioner for a drug that the Federal Food and Drug Administration requires the prescription to contain certain elements that are not able to be accomplished with electronic prescribing. (7) By a practitioner allowing for the dispensing of a nonpatient specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management or comprehensive medication management, in response to a public health emergency, or other circumstances where the practitioner may issue a nonpatient specific prescription. (8) By a practitioner prescribing a drug under a research protocol. (9) By practitioners who have received a waiver or a renewal thereof for a specified period determined by the Board, not to exceed 1 year, from the requirement to use electronic prescribing, pursuant to regulations established by the Board, due to economic hardship, technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstance demonstrated by the practitioner. (10) By a practitioner under circumstances where, notwithstanding the practitioner’s present ability to make an electronic prescription as required by this subsection, such practitioner reasonably determines that it would be impractical for the patient to obtain substances prescribed by electronic prescription in a timely manner, and such delay would adversely impact the patient’s medical condition. (c) A pharmacist who receives a written, oral or faxed prescription is not required to verify that the prescription properly falls under 1 of the exceptions under subsection (b) of this section, from the requirement to electronically prescribe. Pharmacists may continue to dispense medications from otherwise valid written, oral or fax prescriptions that are otherwise legal. 75 Del. Laws, c. 161, §  1 ; 82 Del. Laws, c. 75, § 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(); } } § 519 Exemptions. (a) Nothing in this chapter shall be construed to prevent: (1) Persons who are licensed to practice podiatry in any other state, district or foreign country from entering this State, as practicing podiatrists, to consult with a podiatrist of this State. Such consultation shall be limited to examination, recommendation and testimony in litigation. (2) Any student of an accredited school or college of podiatry from receiving practical training under the personal supervision of a licensed podiatrist in this State. (3) Any person from completing a Council on Podiatric Medical Education-approved hospital residency program in this State. (4) Any podiatrist or surgeon, commissioned by any of the armed forces of the United States or by the United States Public Health Service, from practicing podiatry on the podiatrist’s or surgeon’s designated facility in this State. (5) Any physician licensed in this State from practicing podiatry in this State. (b) This chapter shall not prohibit the fitting, recommending or sale of corrective shoes, arch supports or similar mechanical appliances by retail dealers or manufacturers. However, no representative of a dealer or manufacturer shall be permitted to medically diagnose, treat or prescribe for any foot or ankle ailment, disease or deformity, unless such person is licensed to practice podiatry in this State. 72 Del. Laws, c. 213, §  1 ; 70 Del. Laws, c. 186, §  1 ; 80 Del. Laws, c. 50, §  1 ; § 520 Penalty. A person not currently licensed as a podiatrist under this chapter, when engaging in the practice of podiatry, or using in connection with that person’s name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the person is qualified to practice podiatry, shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 dollars nor more than $1,000 dollars for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 nor more than $2,000 for each offense. Justice of the Peace Court shall have jurisdiction over all violations of this chapter. 64 Del. Laws, c. 39, §  1 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 213, §  1 ; § 521 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 it 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, §  5 ; 81 Del. Laws, c. 417, § 2 ; § 522 Treatment or examination of minors. (a) A parent, guardian or other caretaker, or an adult staff member, shall be present when a person licensed under this chapter provides outpatient treatment to a minor patient who is disrobed or partially disrobed or during an outpatient physical examination 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 licensee without the presence of a third person after the physical examination. (b) When a minor patient is to be disrobed, or partially disrobed during a physical examination, a person licensed 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 of the written notice would not convey the right to have a chaperone present, the person licensed shall use another means to ensure that the 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, and “adult staff member” is defined as a person 18 years of age or older who is acting under the direction of the licensed person or the employer of the licensed person or who is otherwise licensed under this chapter. (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. 79 Del. Laws, c. 169, §  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(); } }