Subchapter IV. Disciplinary Regulation; Proceedings of the Board
§ 1730. Duty to report unprofessional conduct and inability to practice medicine [Effective until Sept. 1, 2010]
(a) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board if that person is
treating professionally another person who possesses a certificate to practice medicine for a condition defined in § 1731(c)
of this title, if, in the reporting person's opinion, the person being treated may be unable to practice medicine with reasonable
skill or safety. The reporting person shall provide the Board with a written report which includes the name and address of
the person being treated, the exact condition being treated, and the reporting person's opinion of whether or not action should
be taken under § 1731 of this title. A person reporting to the Board or testifying in any proceeding as a result of making
a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal,
so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise,
and gross or wanton negligence required to be shown by the complainant.
(b) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board within 30 days any
change in hospital privileges that would require a National Practitioner Data Bank (NPDB) report or a Healthcare Integrity
and Protection Data Bank (HIPDB) report by a hospital and any disciplinary action taken by a medical society against that
person.
(c) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board, within 60 days, all
information concerning medical malpractice claims settled or adjudicated to final judgment, as provided in Chapter 68 of Title
18, and, within 30 days, all information required to be reported under § 1731A(f) of this title.
(d) Every person to whom a certificate to practice medicine is issued has a duty to report, within 30 days of the day each
such person becomes aware, of the existence of a report to the Department of Services for Children, Youth and Their Families
under Chapter 9 of Title 16 against that person concerning child abuse or neglect or a report to the Division of Long-Term
Care Residents Protection under Chapter 85 of Title 11 against that person concerning adult abuse, neglect, mistreatment,
or financial exploitation.
60 Del. Laws, c. 462, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 8, 9; 75 Del. Laws, c. 141, § 1; 77 Del. Laws, c. 320, § 9.;
§ 1730. Duty to report unprofessional conduct and inability to practice medicine [Effective Sept. 1, 2010 until Jan. 30, 2011]
(a) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board if that person is
treating professionally another person who possesses a certificate to practice medicine for a condition defined in § 1731(c)
of this title, if, in the reporting person's opinion, the person being treated may be unable to practice medicine with reasonable
skill or safety. The reporting person shall provide the Board with a written report which includes the name and address of
the person being treated, the exact condition being treated, and the reporting person's opinion of whether or not action should
be taken under § 1731 of this title. A person reporting to the Board or testifying in any proceeding as a result of making
a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal,
so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise,
and gross or wanton negligence required to be shown by the complainant.
(b)(1) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board within 30 days
any change in hospital privileges and any disciplinary action taken by a medical society against that person.
(2) Every person certified to practice medicine in this State shall report to the Board within 30 days any civil or criminal
investigation in any jurisdiction which concerns that person's certification or license or other authorization to practice
medicine. The Board may require an applicant to provide sufficient documentation to enable the Board to determine whether
to investigate, pursuant to § 1732 of this title, or whether there are grounds for discipline under § 1731(b) of this title.
(c) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board, within 60 days, all
information concerning medical malpractice claims settled or adjudicated to final judgment, as provided in Chapter 68 of Title
18, and, within 30 days, all information required to be reported under § 1731A(f) of this title.
(d) Every person to whom a certificate to practice medicine is issued has a duty to report, within 30 days of the day each
such person becomes aware, of the existence of a report to the Department of Services for Children, Youth and Their Families
under Chapter 9 of Title 16 against that person concerning child abuse or neglect or a report to the Division of Long-Term
Care Residents Protection under Chapter 85 of Title 11 against that person concerning adult abuse, neglect, mistreatment,
or financial exploitation.
60 Del. Laws, c. 462, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 8, 9; 75 Del. Laws, c. 141, § 1; 77 Del. Laws, c. 320, § 9; 77 Del. Laws, c. 325, § 1.;
§ 1730. Duty to report unprofessional conduct and inability to practice medicine [Effective Jan. 30, 2011]
(a) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board if that person is
treating professionally another person who possesses a certificate to practice medicine for a condition defined in § 1731(c)
of this title, if, in the reporting person's opinion, the person being treated may be unable to practice medicine with reasonable
skill or safety. The reporting person shall provide the Board with a written report which includes the name and address of
the person being treated, the exact condition being treated, and the reporting person's opinion of whether or not action should
be taken under § 1731 of this title. A person reporting to the Board or testifying in any proceeding as a result of making
a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal,
so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise,
and gross or wanton negligence required to be shown by the complainant.
(b)(1) Every person to whom a certificate to practice medicine is issued and health care facility as defined in § 1740 of
this title has a duty to report to the Board within 30 days:
a. Any change in hospital privileges; and
b. Any disciplinary action taken by a medical society against that person; and
c. Any reasonably substantiated incidents involving violence, threat of violence, abuse, or neglect by a person toward any
other person.
(c) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board, within 60 days, all
information concerning medical malpractice claims settled or adjudicated to final judgment, as provided in Chapter 68 of Title
18, and, within 30 days, all information required to be reported under § 1731A(f) of this title.
60 Del. Laws, c. 462, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 8, 9; 75 Del. Laws, c. 141, § 1; 77 Del. Laws, c. 320, § 9; 77 Del. Laws, c. 325, § 1; 77 Del. Laws, c. 460, § 2.;
§ 1731. Unprofessional conduct and inability to practice medicine [Effective until Sept. 1, 2010]
(a) A person to whom a certificate to practice medicine in this State has been issued may be disciplined by the Board for
unprofessional conduct, as defined in subsection (b) of this section, by means of levying a fine, or by the restriction, suspension,
or revocation, either permanent or temporary, of that person's certificate to practice medicine, or by other appropriate action,
which may include a requirement that a person who is disciplined must complete specified continuing education courses.
(b) "Unprofessional conduct" includes but is not limited to any of the following acts or omissions:
(1) The use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest,
or unethical practice in connection with a certification, registration, or licensing requirement of this chapter, or in connection
with the practice of medicine or other profession or occupation regulated under this chapter;
(2) Conviction of or admission under oath to having committed a crime substantially related to the practice of medicine;
(3) Any dishonorable, unethical, or other conduct likely to deceive, defraud, or harm the public;
(4) The practice of medicine or other profession or occupation regulated under this chapter under a false or assumed name;
(5) The practice of medicine or other profession or occupation regulated under this chapter without a certificate or other
authorizing document or renewal of such document, unless otherwise authorized by this chapter;
(6) The use, distribution, or issuance of a prescription for a dangerous or narcotic drug, other than for therapeutic or diagnostic
purposes;
(7) Advertising of the practice of medicine or other profession or occupation regulated under this chapter in an unethical
or unprofessional manner;
(8) Solicitation or acceptance of a fee from a patient or other person by fraudulent representation that a manifestly incurable
condition, as determined with reasonable medical certainty, can be permanently cured;
(9) Knowing or intentional performance of an act which, unless authorized by this chapter, assists an unauthorized person
to practice medicine or other profession or occupation regulated under this chapter;
(10) The failure to provide adequate supervision to an individual working under the supervision of a person who is certified
and registered to practice medicine;
(11) Misconduct, incompetence, or gross negligence in the practice of medicine or other profession or occupation regulated
under this chapter;
(12) Wilful violation of the confidential relationship with or confidential communications of a patient;
(13) Wilful failure to report to the Board as required by § 1730(a) of this title;
(14) Wilful failure to report to the Board as required by § 1730(b) of this title;
(15) Wilful failure to report to the Board as required by § 1730(c) of this title;
(16) Unjustified failure upon request to divulge information relevant to the authorization or competence of a person to practice
medicine or other profession or occupation regulated under this chapter to the Board, to any committee thereof, to the Executive
Director, or to anyone designated by the Executive Director to request such information;
(17) The violation of a provision of this chapter or the violation of an order or regulation of the Board related to medical
procedures or to the procedures of other professions or occupations regulated under this chapter, the violation of which more
probably than not will harm or injure the public or an individual;
(18) Charging a grossly exorbitant fee for professional or occupational services rendered;
(19) Suspension or revocation of a certificate to practice medicine or of the authorizing document to practice another profession
or occupation regulated under this chapter, or other disciplinary action taken by the regulatory authority in another state
or territory. In making its determination, the Board may rely upon decisions made by the appropriate authorities in other
states and may not permit a collateral attack on those decisions;
(20) Signing the death certificate of a person prior to the actual time of death of the person;
(21) A violation of § 1764A of this title.
(c) A certificate to practice medicine or an authorizing document to practice another profession or occupation regulated under
this chapter is subject to restriction, suspension, or revocation, either temporarily or permanently, in case of the inability
of the holder to practice medicine or other profession or occupation with reasonable skill or safety to patients by reason
of 1 or more of the following:
(1) Mental illness or mental incompetence;
(2) Physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill;
(3) Excessive use or abuse of drugs, including alcohol.
(d) The Board may establish, by class and not by individual, requirements for continuing education and/or reexamination as
a condition for renewal of registration and for recertification to practice medicine or other profession or occupation regulated
under this chapter, or as a condition to continue to practice medicine or other profession or occupation regulated under this
chapter after disciplinary sanctions are imposed or after inability to practice with reasonable skill or safety to patients
has been determined.
(e) A person who files a complaint with the Board or any of its members, the Executive Director, or the Division, or who provides
information to the Board or any of its members, the Executive Director, or the Division regarding a complaint, or who testifies
as a witness at a hearing before the Board or any of its hearing panels or committees concerning unprofessional conduct by
a person certified to practice medicine or other profession or occupation regulated under this chapter in this State or concerning
the inability of a person certified to practice medicine or other profession or occupation regulated under this chapter for
the reasons set forth in subsection (c) of this section, may not be held liable in any cause of action arising out of the
filing of the complaint, the providing of information, or the giving of testimony, provided that the person does so in good
faith and without gross or wanton negligence.
(f) The provisions of this section apply to any person to whom a certificate, license, or other authorizing document to practice
a profession or occupation has been issued pursuant to this chapter.
60 Del. Laws, c. 462, § 1; 62 Del. Laws, c. 90, s. 3; 63 Del. Laws, c. 252, § 1; 64 Del. Laws, c. 477, § 4; 67 Del. Laws, c. 226, §§ 10, 11; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 12-14; 74 Del. Laws, c. 213, § 1; 74 Del. Laws, c. 262, § 30; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 161, § 3.;
§ 1731. Unprofessional conduct and inability to practice medicine [Effective Sept. 1, 2010, until July 1, 2011]
(a) A person to whom a certificate to practice medicine in this State has been issued may be disciplined by the Board for
unprofessional conduct, as defined in subsection (b) of this section, by means of levying a fine, or by the restriction, suspension,
or revocation, either permanent or temporary, of that person's certificate to practice medicine, or by other appropriate action,
which may include a requirement that a person who is disciplined must complete specified continuing education courses. The
Board shall permanently revoke the certificate to practice medicine in this State of a person who is convicted of a felony
sexual offense.
(b) "Unprofessional conduct" includes but is not limited to any of the following acts or omissions:
(1) The use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest,
or unethical practice in connection with a certification, registration, or licensing requirement of this chapter, or in connection
with the practice of medicine or other profession or occupation regulated under this chapter;
(2) Conduct that would constitute a crime substantially related to the practice of medicine;
(3) Any dishonorable, unethical, or other conduct likely to deceive, defraud, or harm the public;
(4) The practice of medicine or other profession or occupation regulated under this chapter under a false or assumed name;
(5) The practice of medicine or other profession or occupation regulated under this chapter without a certificate or other
authorizing document or renewal of such document, unless otherwise authorized by this chapter;
(6) The use, distribution, or issuance of a prescription for a dangerous or narcotic drug, other than for therapeutic or diagnostic
purposes;
(7) Advertising of the practice of medicine or other profession or occupation regulated under this chapter in an unethical
or unprofessional manner;
(8) Solicitation or acceptance of a fee from a patient or other person by fraudulent representation that a manifestly incurable
condition, as determined with reasonable medical certainty, can be permanently cured;
(9) Knowing or intentional performance of an act which, unless authorized by this chapter, assists an unauthorized person
to practice medicine or other profession or occupation regulated under this chapter;
(10) The failure to provide adequate supervision to an individual working under the supervision of a person who is certified
and registered to practice medicine;
(11) Misconduct, including but not limited to sexual misconduct, incompetence, or gross negligence or pattern of negligence
in the practice of medicine or other profession or occupation regulated under this chapter;
(12) Wilful violation of the confidential relationship with or confidential communications of a patient;
(13) Wilful failure to report to the Board as required by § 1730(a) of this title;
(14) Wilful failure to report to the Board as required by § 1730(b) of this title;
(15) Wilful failure to report to the Board as required by § 1730(c) of this title;
(16) Unjustified failure upon request to divulge information relevant to the authorization or competence of a person to practice
medicine or other profession or occupation regulated under this chapter to the Board, to any committee thereof, to the Executive
Director, or to anyone designated by the Executive Director to request such information;
(17) The violation of a provision of this chapter or the violation of an order or regulation of the Board related to medical
procedures or to the procedures of other professions or occupations regulated under this chapter, the violation of which more
probably than not will harm or injure the public or an individual;
(18) Charging a grossly exorbitant fee for professional or occupational services rendered;
(19) Suspension or revocation of a certificate to practice medicine or of the authorizing document to practice another profession
or occupation regulated under this chapter, or other disciplinary action taken by the regulatory authority in another state
or territory. In making its determination, the Board may rely upon decisions made by the appropriate authorities in other
states and may not permit a collateral attack on those decisions;
(20) Signing the death certificate of a person prior to the actual time of death of the person;
(21) A violation of § 1764A of this title; and
(22) Wilful failure to report to the Board when required by § 1731A of this title.
(c) A certificate to practice medicine or an authorizing document to practice another profession or occupation regulated under
this chapter is subject to restriction, suspension, or revocation, either temporarily or permanently, in case of the inability
of the holder to practice medicine or other profession or occupation with reasonable skill or safety to patients by reason
of 1 or more of the following:
(1) Mental illness or mental incompetence;
(2) Physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill;
(3) Excessive use or abuse of drugs, including alcohol.
(d) The Board may establish, by class and not by individual, requirements for continuing education and/or reexamination as
a condition for renewal of registration and for recertification to practice medicine or other profession or occupation regulated
under this chapter, or as a condition to continue to practice medicine or other profession or occupation regulated under this
chapter after disciplinary sanctions are imposed or after inability to practice with reasonable skill or safety to patients
has been determined.
(e) A person who files a complaint with the Board or any of its members, the Executive Director, or the Division, or who provides
information to the Board or any of its members, the Executive Director, or the Division regarding a complaint, or who testifies
as a witness at a hearing before the Board or any of its hearing panels or committees concerning unprofessional conduct by
a person certified to practice medicine or other profession or occupation regulated under this chapter in this State or concerning
the inability of a person certified to practice medicine or other profession or occupation regulated under this chapter for
the reasons set forth in subsection (c) of this section, may not be held liable in any cause of action arising out of the
filing of the complaint, the providing of information, or the giving of testimony, provided that the person does so in good
faith and without gross or wanton negligence.
(f) The provisions of this section apply to any person to whom a certificate, license, or other authorizing document to practice
a profession or occupation has been issued pursuant to this chapter.
60 Del. Laws, c. 462, § 1; 62 Del. Laws, c. 90, s. 3; 63 Del. Laws, c. 252, § 1; 64 Del. Laws, c. 477, § 4; 67 Del. Laws, c. 226, §§ 10, 11; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 12-14; 74 Del. Laws, c. 213, § 1; 74 Del. Laws, c. 262, § 30; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 161, § 3; 77 Del. Laws, c. 325, §§ 3-6.;
§ 1731. Unprofessional conduct and inability to practice medicine [Effective July 1, 2011]
(a) A person to whom a certificate to practice medicine in this State has been issued may be disciplined by the Board for
unprofessional conduct, as defined in subsection (b) of this section, by means of levying a fine, or by the restriction, suspension,
or revocation, either permanent or temporary, of that person's certificate to practice medicine, or by other appropriate action,
which may include a requirement that a person who is disciplined must complete specified continuing education courses. The
Board shall permanently revoke the certificate to practice medicine in this State of a person who is convicted of a felony
sexual offense.
(b) "Unprofessional conduct" includes but is not limited to any of the following acts or omissions:
(1) The use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest,
or unethical practice in connection with a certification, registration, or licensing requirement of this chapter, or in connection
with the practice of medicine or other profession or occupation regulated under this chapter;
(2) Conduct that would constitute a crime substantially related to the practice of medicine;
(3) Any dishonorable, unethical, or other conduct likely to deceive, defraud, or harm the public;
(4) The practice of medicine or other profession or occupation regulated under this chapter under a false or assumed name;
(5) The practice of medicine or other profession or occupation regulated under this chapter without a certificate or other
authorizing document or renewal of such document, unless otherwise authorized by this chapter;
(6) The use, distribution, or issuance of a prescription for a dangerous or narcotic drug, other than for therapeutic or diagnostic
purposes;
(7) Advertising of the practice of medicine or other profession or occupation regulated under this chapter in an unethical
or unprofessional manner;
(8) Solicitation or acceptance of a fee from a patient or other person by fraudulent representation that a manifestly incurable
condition, as determined with reasonable medical certainty, can be permanently cured;
(9) Knowing or intentional performance of an act which, unless authorized by this chapter, assists an unauthorized person
to practice medicine or other profession or occupation regulated under this chapter;
(10) The failure to provide adequate supervision to an individual working under the supervision of a person who is certified
and registered to practice medicine;
(11) Misconduct, including but not limited to sexual misconduct, incompetence, or gross negligence or pattern of negligence
in the practice of medicine or other profession or occupation regulated under this chapter;
(12) Wilful violation of the confidential relationship with or confidential communications of a patient;
(13) Wilful failure to report to the Board as required by § 1730(a) of this title;
(14) Wilful failure to report to the Board as required by § 1730(b) of this title;
(15) Wilful failure to report to the Board as required by § 1730(c) of this title;
(16) Unjustified failure upon request to divulge information relevant to the authorization or competence of a person to practice
medicine or other profession or occupation regulated under this chapter to the Board, to any committee thereof, to the Executive
Director, or to anyone designated by the Executive Director to request such information;
(17) The violation of a provision of this chapter or the violation of an order or regulation of the Board related to medical
procedures or to the procedures of other professions or occupations regulated under this chapter, the violation of which more
probably than not will harm or injure the public or an individual;
(18) Charging a grossly exorbitant fee for professional or occupational services rendered;
(19) Suspension or revocation of a certificate to practice medicine or of the authorizing document to practice another profession
or occupation regulated under this chapter, or other disciplinary action taken by the regulatory authority in another state
or territory. In making its determination, the Board may rely upon decisions made by the appropriate authorities in other
states and may not permit a collateral attack on those decisions;
(20) Signing the death certificate of a person prior to the actual time of death of the person;
(21) A violation of § 1764A of this title;
(22) Wilful failure to report to the Board when required by § 1731A of this title; and
(23) Wilful failure to comply with § 1769B of this title.
(c) A certificate to practice medicine or an authorizing document to practice another profession or occupation regulated under
this chapter is subject to restriction, suspension, or revocation, either temporarily or permanently, in case of the inability
of the holder to practice medicine or other profession or occupation with reasonable skill or safety to patients by reason
of 1 or more of the following:
(1) Mental illness or mental incompetence;
(2) Physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill;
(3) Excessive use or abuse of drugs, including alcohol.
(d) The Board may establish, by class and not by individual, requirements for continuing education and/or reexamination as
a condition for renewal of registration and for recertification to practice medicine or other profession or occupation regulated
under this chapter, or as a condition to continue to practice medicine or other profession or occupation regulated under this
chapter after disciplinary sanctions are imposed or after inability to practice with reasonable skill or safety to patients
has been determined.
(e) A person who files a complaint with the Board or any of its members, the Executive Director, or the Division, or who provides
information to the Board or any of its members, the Executive Director, or the Division regarding a complaint, or who testifies
as a witness at a hearing before the Board or any of its hearing panels or committees concerning unprofessional conduct by
a person certified to practice medicine or other profession or occupation regulated under this chapter in this State or concerning
the inability of a person certified to practice medicine or other profession or occupation regulated under this chapter for
the reasons set forth in subsection (c) of this section, may not be held liable in any cause of action arising out of the
filing of the complaint, the providing of information, or the giving of testimony, provided that the person does so in good
faith and without gross or wanton negligence.
(f) The provisions of this section apply to any person to whom a certificate, license, or other authorizing document to practice
a profession or occupation has been issued pursuant to this chapter.
60 Del. Laws, c. 462, § 1; 62 Del. Laws, c. 90, s. 3; 63 Del. Laws, c. 252, § 1; 64 Del. Laws, c. 477, § 4; 67 Del. Laws, c. 226, §§ 10, 11; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 12-14; 74 Del. Laws, c. 213, § 1; 74 Del. Laws, c. 262, § 30; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 161, § 3; 77 Del. Laws, c. 322, § 1; 77 Del. Laws, c. 325, §§ 3-6.;
§ 1731A. Duty to report [Effective until Sept. 1, 2010]
(a) Any person may report to the Board, in writing, information that the reporting person reasonably believes indicates that
a person certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may
be unable to practice medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence;
physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs,
including alcohol. The following have an affirmative duty to report, and must report, such information to the Board in writing
within 30 days of becoming aware of the information:
(1) All persons certified to practice medicine under this chapter;
(2) All certified, registered, or licensed healthcare providers;
(3) The Medical Society of Delaware;
(4) All healthcare institutions in the State;
(5) All State agencies;
(6) All law enforcement agencies in the State.
(b) If a person certified to practice medicine in this State voluntarily resigns from the staff of a healthcare institution,
or voluntarily limits that person's own staff privileges at a healthcare institution, or fails to reapply for hospital or
staff privileges at a healthcare institution, the healthcare institution and the person shall promptly report in writing such
conduct to the Board if the conduct occurs while the person is under formal or informal investigation by the institution or
a committee thereof for any reason related to possible unprofessional conduct or possible inability to practice medicine with
reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical illness; or excessive
use or abuse of drugs, pursuant to § 1731 of this title.
(c) Upon receiving a report pursuant to subsection (a) or (b) of this section, or on its own motion, the Board shall investigate
any evidence which appears to show that the person reported is or may be guilty of unprofessional conduct or may be unable
to practice medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical
illness; or excessive use or abuse of drugs, pursuant to § 1731 of this title.
(d) When an investigation is necessary pursuant to subsection (c) of this section, the Executive Director, with the approval
of the assisting Board members who must be or must include a physician and a public member when the investigation relates
to the quality of medical care provided by a physician or to the competency of a physician to engage safely in the practice
of medicine, has the authority to inquire from any organization which undertakes physician peer review or physician quality
assurance evaluations whether or not there has been any peer review, quality assurance, or similar process instituted involving
the physician under investigation. The Executive Director may, by subpoena, compel the production of a list of the medical
records reviewed during the peer review process, a list of the quality assurance indicators, and/or a list of other issues
which were the basis for the peer review, quality assurance, or similar process. The lists produced must identify each item
with a unique medical identifier to replace the patient's name and specific identifying information. If necessary, after receiving
the lists the Executive Director may, by subpoena, compel the production of the relevant medical records. However, the individual,
hospital, organization, or institution shall remove the patient's name and specific identifying information from the records
prior to complying with the subpoena. If, after having reviewed the records produced, an assisting physician Board member
and an assisting public Board member consider it necessary, the Executive Director may, by subpoena, compel the production
of the patient's name. The Board shall take reasonable steps to protect the identity of the patient in so far as such protection
does not, in the opinion of the Board, adversely affect the Board's ability to protect the public interest. An individual,
hospital, organization, or institution that furnishes information to the Board pursuant to a subpoena issued pursuant to this
subchapter with respect to any patient is not solely by reason of furnishing the information liable in damages to any person
or subject to any other recourse, civil or criminal.
(e) The Board shall promptly acknowledge all reports received under this section. Individuals or entities reporting under
this section must be promptly informed of the Board's final disposition of the reported matters.
(f) Malpractice insurance carriers and insured persons certified to practice medicine in this State shall file with the Board
a report of each final judgment, settlement, or award against the insured persons. A person not covered by a malpractice insurance
carrier shall also file a report with the Board. A report required to be filed under this subsection must be made to the Board
within 30 days of a final judgment, settlement, or award.
(g) An individual, institution, agency, or organization required to report under this section who does so in good faith is
not subject to civil damages or criminal prosecution for reporting.
(h) The Executive Director shall initially review every report made to the Board under this subchapter. The Executive Director
may defer the investigation of a report pending a reported licensee's evaluation and treatment for substance abuse or for
physical or mental illness, provided sufficient safeguards exist to protect the licensee's patients and the public. Safeguards
may include a verifiable, voluntary cessation of the practice of medicine or a limited or monitored practice. Upon completion
of the reported licensee's evaluation and treatment, the Executive Director may resume investigation of the report pursuant
to the requirements of this chapter. If the Executive Director determines that a deferral is warranted, the case shall be
summarized and placed before the Board for its information.
(i) Pursuant to the authority conferred herein and by § 1713 of this title, the Board shall have the authority to impose a
fine, not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation, on any person,
any healthcare provider, any healthcare institution, and the Medical Society of Delaware for violation of any duty imposed
by this chapter, and said fine shall be imposed pursuant to the procedures of this chapter.
67 Del. Laws, c. 159, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, § 15; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 358, § 2; 77 Del. Laws, c. 319, §§ 7, 8; 77 Del. Laws, c. 321, § 2.;
§ 1731A. Duty to report [Effective Sept. 1, 2010]
(a) Any person may report to the Board information that the reporting person reasonably believes indicates that a person certified
and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice
medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical illness,
including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol.
The following have an affirmative duty to report, and must report, such information to the Board in writing within 30 days
of becoming aware of the information:
(1) All persons certified to practice medicine under this chapter;
(2) All certified, registered, or licensed healthcare providers;
(3) The Medical Society of Delaware;
(4) All healthcare institutions in the State;
(5) All state agencies other than law-enforcement agencies;
(6) All law-enforcement agencies in the State, except that such agencies are required to report only new or pending investigations
of alleged criminal conduct specified in § 1731(b)(2) of this title, and are further required to report within 30 days of
the close of a criminal investigation or the arrest of a person licensed under this chapter.
(b) If a person certified to practice medicine in this State voluntarily resigns from the staff of a healthcare institution,
or voluntarily limits that person's own staff privileges at a healthcare institution, or fails to reapply for hospital or
staff privileges at a healthcare institution, the healthcare institution and the person shall promptly report in writing such
conduct to the Board if the conduct occurs while the person is under formal or informal investigation by the institution or
a committee thereof for any reason related to possible unprofessional conduct or possible inability to practice medicine with
reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical illness; or excessive
use or abuse of drugs, pursuant to § 1731 of this title.
(c) Upon receiving a report pursuant to subsection (a) or (b) of this section, or on its own motion, the Board shall investigate
any evidence which appears to show that the person reported is or may be guilty of unprofessional conduct or may be unable
to practice medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical
illness; or excessive use or abuse of drugs, pursuant to § 1731 of this title.
(d) When an investigation is necessary pursuant to subsection (c) of this section, the Executive Director, with the approval
of the assisting Board members who must be or must include a physician and a public member when the investigation relates
to the quality of medical care provided by a physician or to the competency of a physician to engage safely in the practice
of medicine, has the authority to inquire from any organization which undertakes physician peer review or physician quality
assurance evaluations whether or not there has been any peer review, quality assurance, or similar process instituted involving
the physician under investigation. The Executive Director may, by subpoena, compel the production of a list of the medical
records reviewed during the peer review process, a list of the quality assurance indicators, and/or a list of other issues
which were the basis for the peer review, quality assurance, or similar process. The lists produced must identify each item
with a unique medical identifier to replace the patient's name and specific identifying information. If necessary, after receiving
the lists the Executive Director may, by subpoena, compel the production of the relevant medical records. However, the individual,
hospital, organization, or institution shall remove the patient's name and specific identifying information from the records
prior to complying with the subpoena. If, after having reviewed the records produced, an assisting physician Board member
and an assisting public Board member consider it necessary, the Executive Director may, by subpoena, compel the production
of the patient's name. The Board shall take reasonable steps to protect the identity of the patient in so far as such protection
does not, in the opinion of the Board, adversely affect the Board's ability to protect the public interest. An individual,
hospital, organization, or institution that furnishes information to the Board pursuant to a subpoena issued pursuant to this
subchapter with respect to any patient is not solely by reason of furnishing the information liable in damages to any person
or subject to any other recourse, civil or criminal.
(e) The Board shall promptly acknowledge all reports received under this section. Individuals or entities reporting under
this section must be promptly informed of the Board's final disposition of the reported matters.
(f) Malpractice insurance carriers and insured persons certified to practice medicine in this State shall file with the Board
a report of each final judgment, settlement, or award against the insured persons. A person not covered by a malpractice insurance
carrier shall also file a report with the Board. A report required to be filed under this subsection must be made to the Board
within 30 days of a final judgment, settlement, or award.
(g) An individual, institution, agency, or organization required to report under this section who does so in good faith is
not subject to civil damages or criminal prosecution for reporting.
(h) The Executive Director shall initially review every report made to the Board under this subchapter. The Executive Director
may defer the investigation of a report pending a reported licensee's evaluation and treatment for substance abuse or for
physical or mental illness, provided sufficient safeguards exist to protect the licensee's patients and the public. Safeguards
may include a verifiable, voluntary cessation of the practice of medicine or a limited or monitored practice. Upon completion
of the reported licensee's evaluation and treatment, the Executive Director may resume investigation of the report pursuant
to the requirements of this chapter. If the Executive Director determines that a deferral is warranted, the case shall be
summarized and placed before the Board for its information.
(i) Pursuant to the authority conferred herein and by § 1713 of this title, the Board shall have the authority to impose a
fine, not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation, on any person,
any healthcare provider, any healthcare institution, and the Medical Society of Delaware for violation of any duty imposed
by this chapter, and said fine shall be imposed pursuant to the procedures of this chapter.
(j) Upon receiving a complaint involving potential criminal conduct, the Board shall promptly report the complaint to appropriate
law-enforcement agencies, including the Delaware Department of Justice.
67 Del. Laws, c. 159, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, § 15; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 358, § 2; 77 Del. Laws, c. 319, §§ 7, 8; 77 Del. Laws, c. 321, § 2; 77 Del. Laws, c. 325, §§ 7-9.;
§ 1731B. Counseling; letter of concern [Effective until Sept. 1, 2010]
(a) If the Executive Director and the President of the Board, or a member of the Board designated by the President to assist
in an investigation concerning a person certified to practice medicine, determine after the investigation that a violation
of this chapter or of regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred,
but that an act or omission of the person is a matter of concern and that the person's practice may be improved if the person
is made aware of the concern, the Executive Director, with the concurrence of the President or the assisting Board member,
may issue a non-disciplinary, confidential letter of concern regarding the person's act or omission.
(b) If a person certified to practice medicine receives a total of 3 letters of concern and/or letters of counseling pursuant
to this section, the Executive Director may reasonably require a formal assessment of professional competency pursuant to
§ 1732(e) of this title to assess the person's continued ability to protect the health and safety of the person's present
or prospective patients.
70 Del. Laws, c. 144, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 358, § 3.;
§ 1731B. Counseling; letter of concern [Effective Sept. 1, 2010]
(a) If the Executive Director and the President of the Board, or a member of the Board designated by the President to assist
in an investigation concerning a person certified to practice medicine, determine after the investigation that a violation
of this chapter or of regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred,
but that an act or omission of the person is a matter of concern and that the person's practice may be improved if the person
is made aware of the concern, the Executive Director, with the concurrence of the President or the assisting Board member,
may issue a non-disciplinary, confidential letter of concern regarding the person's act or omission.
(b) If a person certified to practice medicine receives a total of 3 letters of concern and/or letters of counseling pursuant
to this section, the Executive Director may reasonably require a formal assessment of professional competency pursuant to
§ 1732(d) of this title to assess the person's continued ability to protect the health and safety of the person's present
or prospective patients.
70 Del. Laws, c. 144, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 358, § 3; 77 Del. Laws, c. 325, § 11.;
§ 1732. Investigations of complaints by the Executive Director [Effective until Sept. 1, 2010]
(a) The Executive Director shall:
(1) Investigate by complaint, or by the Executive Director's own motion or by the Board's own motion, reported cases of:
a. Unprofessional conduct or inability to practice medicine with reasonable skill or safety to patients as defined by § 1731(b)
and (c) of this title;
b. The unauthorized practice of medicine; and
c. Medical malpractice;
(2) Formulate charges, if circumstances under paragraph (1) of this subsection warrant, by bringing a formal complaint against
a person to whom a certificate to practice medicine or otherwise licensed or registered in this State has been issued;
(3) Present all formal complaints to the Board in accordance with the procedures set forth in this subchapter.
(b) The Executive Director shall appoint 2 unbiased members of the Board, at least one of whom must be a physician, to assist
the Executive Director in investigations concerning charges of unprofessional conduct or medical malpractice. The Director
of the Division of Professional Regulation shall appoint investigators from the Division to participate in those investigations,
which must stay within the bounds of the charge being investigated unless the Executive Director determines that the investigation
itself provides good cause for additional investigation. The Executive Director decides in a timely manner whether a formal
complaint should be issued. The Executive Director asks the Attorney General's office to prepare a formal complaint against
the person investigated.
(c) The Executive Director shall appoint at least 1 unbiased physician member of the Board to assist the Executive Director
in investigations concerning inability to practice medicine with reasonable skill or safety to patients. The Director of the
Division of Professional Regulation shall appoint investigators from the Division to participate in those investigations,
which must stay within the bounds of the charge being investigated unless the Executive Director determines that the investigation
itself provides good cause for additional investigation. The Executive Director, or the Executive Director's designee, shall
conduct an assessment of the investigation to determine whether the person to whom a certificate to practice medicine has
been issued is able to practice medicine with reasonable skill and safety to patients, either on a restricted or unrestricted
basis. If the Executive Director reasonably believes that a diagnostic mental or physical examination of the person under
investigation is necessary, the Executive Director shall order the person to submit to an examination at the person's expense
to be conducted by a physician designated by the Executive Director. Every person to whom a certificate to practice medicine
has been issued is deemed to have given that person's own consent to submit to a diagnostic mental or physical examination
when so directed by the Executive Director, and to have waived all objections to the admissibility of the examination report
to the Board. A person who submits to a diagnostic mental or physical examination as ordered by the Executive Director has
the right to designate another physician to be present at the examination and to submit an independent report on the examination
to the Board.
(d) To assist in an investigation of alleged unprofessional conduct, or medical malpractice, or of inability to practice medicine
with reasonable skill or safety to patients, the Executive Director, on behalf of the Board, may, by subpoena, compel the
production of necessary patient medical records of and patient medical records reviewed by all hospitals, organizations, and
healthcare institutions located in the State and by all quality assurance, peer review, and other similar committees, including
the records of the Medical Society of Delaware and its committees. A subpoena issued under this subsection is subject to the
subpoena restrictions in § 1731A(d) of this title. The Board shall take reasonable steps to protect the identity of the patient
in so far as such protection does not, in the opinion of the Board, adversely affect the Board's ability to protect the public
interest.
(e) In addition to or in lieu of a diagnostic evaluation, the Executive Director may require an applicant for or the holder
of a certificate to practice medicine, at the applicant or certificate holder's expense, to complete a formal assessment of
professional competency if the Executive Director, after consultation with the President of the Board and at least 1 other
physician member of the Board, determines that a formal assessment is warranted to protect the health and safety of present
or prospective patients. A formal assessment must be performed by the assessment center established by the Federation of State
Medical Boards and the National Board of Medical Examiners, or by another assessment center as the Executive Director directs.
A formal assessment may not be required of an applicant or certificate holder by the Executive Director without the written
concurrence of the President of the Board and at least one other physician member of the Board that the assessment is warranted
pursuant to this subsection.
60 Del. Laws, c. 462, § 1; 64 Del. Laws, c. 327, § 2; 67 Del. Laws, c. 226, § 12; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 16-19; 75 Del. Laws, c. 141, § 1.;
§ 1732. Investigations of Complaints; Executive Director Authority [Effective Sept. 1, 2010]
(a) All complaints of unprofessional conduct, unauthorized practice of medicine, or medical malpractice shall be referred
to the Division of Professional Regulation to be investigated. Complaints alleging potential sexual misconduct by a licensee
should be afforded priority by the Division. The Division of Professional Regulation shall formulate charges, if circumstances
warrant, by bringing a formal complaint against a person to whom a certificate to practice medicine or otherwise licensed
or registered in this State has been issued.
(b) The Executive Director shall initiate investigations concerning inability to practice medicine with reasonable skill or
safety to patients. The Executive Director with the Board president or the president's designee, shall, after reviewing the
results of the investigation, determine whether the person to whom a certificate to practice medicine has been issued is able
to practice medicine with reasonable skill and safety to patients, either on a restricted or unrestricted basis. If the Executive
Director reasonably believes that a diagnostic mental or physical examination of the person under investigation is necessary,
the Executive Director shall order the person to submit to an examination at the person's expense to be conducted by a physician
or agency designated by the Executive Director. Every person to whom a certificate to practice medicine has been issued is
deemed to have given that person's own consent to submit to a diagnostic mental or physical examination when so directed by
the Executive Director, and to have waived all objections to the admissibility of the examination report to the Board. A person
who submits to a diagnostic mental or physical examination as ordered by the Executive Director has the right to designate
another physician to be present at the examination and to submit an independent report on the examination to the Board.
(c) To assist in an investigation of alleged unprofessional conduct, or medical malpractice, or of inability to practice medicine
with reasonable skill or safety to patients, the Executive Director, on behalf of the Board, may, by subpoena, compel the
production of necessary patient medical records of and patient medical records reviewed by all hospitals, organizations, and
healthcare institutions located in the State and by all quality assurance, peer review, and other similar committees, including
the records of the Medical Society of Delaware and its committees. A subpoena issued under this subsection is subject to the
subpoena restrictions in § 1731A(d) of this title. The Board shall take reasonable steps to protect the identity of the patient
in so far as such protection does not, in the opinion of the Board, adversely affect the Board's ability to protect the public
interest.
(d) In addition to or in lieu of a diagnostic evaluation, the Executive Director may require an applicant for or the holder
of a certificate to practice medicine, at the applicant or certificate holder's expense, to complete a formal assessment of
professional competency if the Executive Director, after consultation with the President of the Board and at least 1 other
physician member of the Board, determines that a formal assessment is warranted to protect the health and safety of present
or prospective patients. A formal assessment must be performed by the assessment center established by the Federation of State
Medical Boards and the National Board of Medical Examiners, or by another assessment center as the Executive Director directs.
A formal assessment may not be required of an applicant or certificate holder by the Executive Director without the written
concurrence of the President of the Board and at least one other physician member of the Board that the assessment is warranted
pursuant to this subsection.
(e) When a complaint is made by a law-enforcement agency or employee thereof and involves allegations of criminal activity,
the Division of Professional Regulation and the Executive Director shall suspend any new or pending investigation upon a written
request to do so by the Delaware Department of Justice or a federal law-enforcement authority. Such written request shall
suspend the duty to investigate pursuant to this section, duty to regularly advise the complainant pursuant to § 1733(a)(2)
of this title and any other duties that would interfere with the ability of law enforcement to investigate the allegations
successfully. The suspension shall remain in effect until the Delaware Department of Justice or federal law enforcement informs
the Executive Director in writing that action by the Division of Professional Regulation will not interfere with a pending
law-enforcement investigation.
60 Del. Laws, c. 462, § 1; 64 Del. Laws, c. 327, § 2; 67 Del. Laws, c. 226, § 12; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 16-19; 75 Del. Laws, c. 141, § 1; 77 Del. Laws, c. 325, §§ 10, 11.;
§ 1733. Complaints; notice of hearing [Effective until Sept. 1, 2010]
(a)(1) Any member of the public or of the Board, or the Executive Director may file with the Board a complaint concerning
any aspect of the practice of medicine against a person to whom a certificate to practice medicine in this State has been
issued or any other person with a duty imposed by this chapter.
(2) The Executive Director shall acknowledge to the complainant in writing receipt of the complaint within 1 week of receiving
the complaint, and shall advise the complainant of the progress of the case at least every 90 days until the case is resolved.
(3) The Executive Director shall communicate with the Department of Justice, at least monthly, regarding the status of complaints
filed pursuant to paragraph (1) of this subsection that are in the Department of Justice, and shall report the case status
to the Board.
(b) The Executive Director shall investigate in accord with the procedures set forth in § 1732 of this title each complaint
which appears to be valid and well-founded.
(c) A complaint against a respondent must be in writing, and signed by the complaining party. The complaint must set forth
with particularity the essential facts constituting the alleged unprofessional conduct, medical negligence, or inability to
practice medicine with reasonable skill or safety to patients. The Executive Director in the Executive Director's own discretion
may maintain the confidentiality of the complaining party from the Board. In the absence of an Executive Director or acting
Executive Director, the Secretary of State may exercise that discretion. The Executive Director may also investigate an unwritten
complaint at the Executive Director's own discretion, provided the complaining party is identified.
(d) After investigation, if the Executive Director elects to file a formal written complaint against a respondent, the person
must be served personally or by certified mail, return receipt requested, with a copy of the complaint not less than 20 days
nor more than 60 days prior to a hearing on the complaint. A formal written complaint under this subsection must describe
in detail the allegations upon which the complaint is based.
(e) A notice of hearing must inform the person of the date, time, and place of the hearing; state the statute or regulation
allegedly violated and the statutory or regulatory authority which gives the Board authority to act; state that the person
has a right to be represented by counsel at the hearing and to present evidence on the person's own behalf; and inform the
person that the Board must base its decision solely upon evidence received at the hearing. The person is entitled to file
with the Board a written response to the complaint within 20 days of service or of receipt by certified mail of the complaint.
(f) A complaint of the unauthorized practice of medicine must be reported immediately to the Attorney General. A person who
files a complaint with or provides information to the Board concerning a violation of this chapter is not liable in any cause
of action arising out of the filing of the complaint or the providing of information, provided that the person does so in
good faith and without gross or wanton negligence.
Subchapter IV. Disciplinary Regulation; Proceedings of the Board
§ 1730. Duty to report unprofessional conduct and inability to practice medicine [Effective until Sept. 1, 2010]
(a) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board if that person is
treating professionally another person who possesses a certificate to practice medicine for a condition defined in § 1731(c)
of this title, if, in the reporting person's opinion, the person being treated may be unable to practice medicine with reasonable
skill or safety. The reporting person shall provide the Board with a written report which includes the name and address of
the person being treated, the exact condition being treated, and the reporting person's opinion of whether or not action should
be taken under § 1731 of this title. A person reporting to the Board or testifying in any proceeding as a result of making
a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal,
so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise,
and gross or wanton negligence required to be shown by the complainant.
(b) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board within 30 days any
change in hospital privileges that would require a National Practitioner Data Bank (NPDB) report or a Healthcare Integrity
and Protection Data Bank (HIPDB) report by a hospital and any disciplinary action taken by a medical society against that
person.
(c) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board, within 60 days, all
information concerning medical malpractice claims settled or adjudicated to final judgment, as provided in Chapter 68 of Title
18, and, within 30 days, all information required to be reported under § 1731A(f) of this title.
(d) Every person to whom a certificate to practice medicine is issued has a duty to report, within 30 days of the day each
such person becomes aware, of the existence of a report to the Department of Services for Children, Youth and Their Families
under Chapter 9 of Title 16 against that person concerning child abuse or neglect or a report to the Division of Long-Term
Care Residents Protection under Chapter 85 of Title 11 against that person concerning adult abuse, neglect, mistreatment,
or financial exploitation.
60 Del. Laws, c. 462, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 8, 9; 75 Del. Laws, c. 141, § 1; 77 Del. Laws, c. 320, § 9.;
§ 1730. Duty to report unprofessional conduct and inability to practice medicine [Effective Sept. 1, 2010 until Jan. 30, 2011]
(a) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board if that person is
treating professionally another person who possesses a certificate to practice medicine for a condition defined in § 1731(c)
of this title, if, in the reporting person's opinion, the person being treated may be unable to practice medicine with reasonable
skill or safety. The reporting person shall provide the Board with a written report which includes the name and address of
the person being treated, the exact condition being treated, and the reporting person's opinion of whether or not action should
be taken under § 1731 of this title. A person reporting to the Board or testifying in any proceeding as a result of making
a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal,
so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise,
and gross or wanton negligence required to be shown by the complainant.
(b)(1) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board within 30 days
any change in hospital privileges and any disciplinary action taken by a medical society against that person.
(2) Every person certified to practice medicine in this State shall report to the Board within 30 days any civil or criminal
investigation in any jurisdiction which concerns that person's certification or license or other authorization to practice
medicine. The Board may require an applicant to provide sufficient documentation to enable the Board to determine whether
to investigate, pursuant to § 1732 of this title, or whether there are grounds for discipline under § 1731(b) of this title.
(c) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board, within 60 days, all
information concerning medical malpractice claims settled or adjudicated to final judgment, as provided in Chapter 68 of Title
18, and, within 30 days, all information required to be reported under § 1731A(f) of this title.
(d) Every person to whom a certificate to practice medicine is issued has a duty to report, within 30 days of the day each
such person becomes aware, of the existence of a report to the Department of Services for Children, Youth and Their Families
under Chapter 9 of Title 16 against that person concerning child abuse or neglect or a report to the Division of Long-Term
Care Residents Protection under Chapter 85 of Title 11 against that person concerning adult abuse, neglect, mistreatment,
or financial exploitation.
60 Del. Laws, c. 462, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 8, 9; 75 Del. Laws, c. 141, § 1; 77 Del. Laws, c. 320, § 9; 77 Del. Laws, c. 325, § 1.;
§ 1730. Duty to report unprofessional conduct and inability to practice medicine [Effective Jan. 30, 2011]
(a) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board if that person is
treating professionally another person who possesses a certificate to practice medicine for a condition defined in § 1731(c)
of this title, if, in the reporting person's opinion, the person being treated may be unable to practice medicine with reasonable
skill or safety. The reporting person shall provide the Board with a written report which includes the name and address of
the person being treated, the exact condition being treated, and the reporting person's opinion of whether or not action should
be taken under § 1731 of this title. A person reporting to the Board or testifying in any proceeding as a result of making
a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal,
so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise,
and gross or wanton negligence required to be shown by the complainant.
(b)(1) Every person to whom a certificate to practice medicine is issued and health care facility as defined in § 1740 of
this title has a duty to report to the Board within 30 days:
a. Any change in hospital privileges; and
b. Any disciplinary action taken by a medical society against that person; and
c. Any reasonably substantiated incidents involving violence, threat of violence, abuse, or neglect by a person toward any
other person.
(c) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board, within 60 days, all
information concerning medical malpractice claims settled or adjudicated to final judgment, as provided in Chapter 68 of Title
18, and, within 30 days, all information required to be reported under § 1731A(f) of this title.
60 Del. Laws, c. 462, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 8, 9; 75 Del. Laws, c. 141, § 1; 77 Del. Laws, c. 320, § 9; 77 Del. Laws, c. 325, § 1; 77 Del. Laws, c. 460, § 2.;
§ 1731. Unprofessional conduct and inability to practice medicine [Effective until Sept. 1, 2010]
(a) A person to whom a certificate to practice medicine in this State has been issued may be disciplined by the Board for
unprofessional conduct, as defined in subsection (b) of this section, by means of levying a fine, or by the restriction, suspension,
or revocation, either permanent or temporary, of that person's certificate to practice medicine, or by other appropriate action,
which may include a requirement that a person who is disciplined must complete specified continuing education courses.
(b) "Unprofessional conduct" includes but is not limited to any of the following acts or omissions:
(1) The use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest,
or unethical practice in connection with a certification, registration, or licensing requirement of this chapter, or in connection
with the practice of medicine or other profession or occupation regulated under this chapter;
(2) Conviction of or admission under oath to having committed a crime substantially related to the practice of medicine;
(3) Any dishonorable, unethical, or other conduct likely to deceive, defraud, or harm the public;
(4) The practice of medicine or other profession or occupation regulated under this chapter under a false or assumed name;
(5) The practice of medicine or other profession or occupation regulated under this chapter without a certificate or other
authorizing document or renewal of such document, unless otherwise authorized by this chapter;
(6) The use, distribution, or issuance of a prescription for a dangerous or narcotic drug, other than for therapeutic or diagnostic
purposes;
(7) Advertising of the practice of medicine or other profession or occupation regulated under this chapter in an unethical
or unprofessional manner;
(8) Solicitation or acceptance of a fee from a patient or other person by fraudulent representation that a manifestly incurable
condition, as determined with reasonable medical certainty, can be permanently cured;
(9) Knowing or intentional performance of an act which, unless authorized by this chapter, assists an unauthorized person
to practice medicine or other profession or occupation regulated under this chapter;
(10) The failure to provide adequate supervision to an individual working under the supervision of a person who is certified
and registered to practice medicine;
(11) Misconduct, incompetence, or gross negligence in the practice of medicine or other profession or occupation regulated
under this chapter;
(12) Wilful violation of the confidential relationship with or confidential communications of a patient;
(13) Wilful failure to report to the Board as required by § 1730(a) of this title;
(14) Wilful failure to report to the Board as required by § 1730(b) of this title;
(15) Wilful failure to report to the Board as required by § 1730(c) of this title;
(16) Unjustified failure upon request to divulge information relevant to the authorization or competence of a person to practice
medicine or other profession or occupation regulated under this chapter to the Board, to any committee thereof, to the Executive
Director, or to anyone designated by the Executive Director to request such information;
(17) The violation of a provision of this chapter or the violation of an order or regulation of the Board related to medical
procedures or to the procedures of other professions or occupations regulated under this chapter, the violation of which more
probably than not will harm or injure the public or an individual;
(18) Charging a grossly exorbitant fee for professional or occupational services rendered;
(19) Suspension or revocation of a certificate to practice medicine or of the authorizing document to practice another profession
or occupation regulated under this chapter, or other disciplinary action taken by the regulatory authority in another state
or territory. In making its determination, the Board may rely upon decisions made by the appropriate authorities in other
states and may not permit a collateral attack on those decisions;
(20) Signing the death certificate of a person prior to the actual time of death of the person;
(21) A violation of § 1764A of this title.
(c) A certificate to practice medicine or an authorizing document to practice another profession or occupation regulated under
this chapter is subject to restriction, suspension, or revocation, either temporarily or permanently, in case of the inability
of the holder to practice medicine or other profession or occupation with reasonable skill or safety to patients by reason
of 1 or more of the following:
(1) Mental illness or mental incompetence;
(2) Physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill;
(3) Excessive use or abuse of drugs, including alcohol.
(d) The Board may establish, by class and not by individual, requirements for continuing education and/or reexamination as
a condition for renewal of registration and for recertification to practice medicine or other profession or occupation regulated
under this chapter, or as a condition to continue to practice medicine or other profession or occupation regulated under this
chapter after disciplinary sanctions are imposed or after inability to practice with reasonable skill or safety to patients
has been determined.
(e) A person who files a complaint with the Board or any of its members, the Executive Director, or the Division, or who provides
information to the Board or any of its members, the Executive Director, or the Division regarding a complaint, or who testifies
as a witness at a hearing before the Board or any of its hearing panels or committees concerning unprofessional conduct by
a person certified to practice medicine or other profession or occupation regulated under this chapter in this State or concerning
the inability of a person certified to practice medicine or other profession or occupation regulated under this chapter for
the reasons set forth in subsection (c) of this section, may not be held liable in any cause of action arising out of the
filing of the complaint, the providing of information, or the giving of testimony, provided that the person does so in good
faith and without gross or wanton negligence.
(f) The provisions of this section apply to any person to whom a certificate, license, or other authorizing document to practice
a profession or occupation has been issued pursuant to this chapter.
60 Del. Laws, c. 462, § 1; 62 Del. Laws, c. 90, s. 3; 63 Del. Laws, c. 252, § 1; 64 Del. Laws, c. 477, § 4; 67 Del. Laws, c. 226, §§ 10, 11; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 12-14; 74 Del. Laws, c. 213, § 1; 74 Del. Laws, c. 262, § 30; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 161, § 3.;
§ 1731. Unprofessional conduct and inability to practice medicine [Effective Sept. 1, 2010, until July 1, 2011]
(a) A person to whom a certificate to practice medicine in this State has been issued may be disciplined by the Board for
unprofessional conduct, as defined in subsection (b) of this section, by means of levying a fine, or by the restriction, suspension,
or revocation, either permanent or temporary, of that person's certificate to practice medicine, or by other appropriate action,
which may include a requirement that a person who is disciplined must complete specified continuing education courses. The
Board shall permanently revoke the certificate to practice medicine in this State of a person who is convicted of a felony
sexual offense.
(b) "Unprofessional conduct" includes but is not limited to any of the following acts or omissions:
(1) The use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest,
or unethical practice in connection with a certification, registration, or licensing requirement of this chapter, or in connection
with the practice of medicine or other profession or occupation regulated under this chapter;
(2) Conduct that would constitute a crime substantially related to the practice of medicine;
(3) Any dishonorable, unethical, or other conduct likely to deceive, defraud, or harm the public;
(4) The practice of medicine or other profession or occupation regulated under this chapter under a false or assumed name;
(5) The practice of medicine or other profession or occupation regulated under this chapter without a certificate or other
authorizing document or renewal of such document, unless otherwise authorized by this chapter;
(6) The use, distribution, or issuance of a prescription for a dangerous or narcotic drug, other than for therapeutic or diagnostic
purposes;
(7) Advertising of the practice of medicine or other profession or occupation regulated under this chapter in an unethical
or unprofessional manner;
(8) Solicitation or acceptance of a fee from a patient or other person by fraudulent representation that a manifestly incurable
condition, as determined with reasonable medical certainty, can be permanently cured;
(9) Knowing or intentional performance of an act which, unless authorized by this chapter, assists an unauthorized person
to practice medicine or other profession or occupation regulated under this chapter;
(10) The failure to provide adequate supervision to an individual working under the supervision of a person who is certified
and registered to practice medicine;
(11) Misconduct, including but not limited to sexual misconduct, incompetence, or gross negligence or pattern of negligence
in the practice of medicine or other profession or occupation regulated under this chapter;
(12) Wilful violation of the confidential relationship with or confidential communications of a patient;
(13) Wilful failure to report to the Board as required by § 1730(a) of this title;
(14) Wilful failure to report to the Board as required by § 1730(b) of this title;
(15) Wilful failure to report to the Board as required by § 1730(c) of this title;
(16) Unjustified failure upon request to divulge information relevant to the authorization or competence of a person to practice
medicine or other profession or occupation regulated under this chapter to the Board, to any committee thereof, to the Executive
Director, or to anyone designated by the Executive Director to request such information;
(17) The violation of a provision of this chapter or the violation of an order or regulation of the Board related to medical
procedures or to the procedures of other professions or occupations regulated under this chapter, the violation of which more
probably than not will harm or injure the public or an individual;
(18) Charging a grossly exorbitant fee for professional or occupational services rendered;
(19) Suspension or revocation of a certificate to practice medicine or of the authorizing document to practice another profession
or occupation regulated under this chapter, or other disciplinary action taken by the regulatory authority in another state
or territory. In making its determination, the Board may rely upon decisions made by the appropriate authorities in other
states and may not permit a collateral attack on those decisions;
(20) Signing the death certificate of a person prior to the actual time of death of the person;
(21) A violation of § 1764A of this title; and
(22) Wilful failure to report to the Board when required by § 1731A of this title.
(c) A certificate to practice medicine or an authorizing document to practice another profession or occupation regulated under
this chapter is subject to restriction, suspension, or revocation, either temporarily or permanently, in case of the inability
of the holder to practice medicine or other profession or occupation with reasonable skill or safety to patients by reason
of 1 or more of the following:
(1) Mental illness or mental incompetence;
(2) Physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill;
(3) Excessive use or abuse of drugs, including alcohol.
(d) The Board may establish, by class and not by individual, requirements for continuing education and/or reexamination as
a condition for renewal of registration and for recertification to practice medicine or other profession or occupation regulated
under this chapter, or as a condition to continue to practice medicine or other profession or occupation regulated under this
chapter after disciplinary sanctions are imposed or after inability to practice with reasonable skill or safety to patients
has been determined.
(e) A person who files a complaint with the Board or any of its members, the Executive Director, or the Division, or who provides
information to the Board or any of its members, the Executive Director, or the Division regarding a complaint, or who testifies
as a witness at a hearing before the Board or any of its hearing panels or committees concerning unprofessional conduct by
a person certified to practice medicine or other profession or occupation regulated under this chapter in this State or concerning
the inability of a person certified to practice medicine or other profession or occupation regulated under this chapter for
the reasons set forth in subsection (c) of this section, may not be held liable in any cause of action arising out of the
filing of the complaint, the providing of information, or the giving of testimony, provided that the person does so in good
faith and without gross or wanton negligence.
(f) The provisions of this section apply to any person to whom a certificate, license, or other authorizing document to practice
a profession or occupation has been issued pursuant to this chapter.
60 Del. Laws, c. 462, § 1; 62 Del. Laws, c. 90, s. 3; 63 Del. Laws, c. 252, § 1; 64 Del. Laws, c. 477, § 4; 67 Del. Laws, c. 226, §§ 10, 11; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 12-14; 74 Del. Laws, c. 213, § 1; 74 Del. Laws, c. 262, § 30; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 161, § 3; 77 Del. Laws, c. 325, §§ 3-6.;
§ 1731. Unprofessional conduct and inability to practice medicine [Effective July 1, 2011]
(a) A person to whom a certificate to practice medicine in this State has been issued may be disciplined by the Board for
unprofessional conduct, as defined in subsection (b) of this section, by means of levying a fine, or by the restriction, suspension,
or revocation, either permanent or temporary, of that person's certificate to practice medicine, or by other appropriate action,
which may include a requirement that a person who is disciplined must complete specified continuing education courses. The
Board shall permanently revoke the certificate to practice medicine in this State of a person who is convicted of a felony
sexual offense.
(b) "Unprofessional conduct" includes but is not limited to any of the following acts or omissions:
(1) The use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest,
or unethical practice in connection with a certification, registration, or licensing requirement of this chapter, or in connection
with the practice of medicine or other profession or occupation regulated under this chapter;
(2) Conduct that would constitute a crime substantially related to the practice of medicine;
(3) Any dishonorable, unethical, or other conduct likely to deceive, defraud, or harm the public;
(4) The practice of medicine or other profession or occupation regulated under this chapter under a false or assumed name;
(5) The practice of medicine or other profession or occupation regulated under this chapter without a certificate or other
authorizing document or renewal of such document, unless otherwise authorized by this chapter;
(6) The use, distribution, or issuance of a prescription for a dangerous or narcotic drug, other than for therapeutic or diagnostic
purposes;
(7) Advertising of the practice of medicine or other profession or occupation regulated under this chapter in an unethical
or unprofessional manner;
(8) Solicitation or acceptance of a fee from a patient or other person by fraudulent representation that a manifestly incurable
condition, as determined with reasonable medical certainty, can be permanently cured;
(9) Knowing or intentional performance of an act which, unless authorized by this chapter, assists an unauthorized person
to practice medicine or other profession or occupation regulated under this chapter;
(10) The failure to provide adequate supervision to an individual working under the supervision of a person who is certified
and registered to practice medicine;
(11) Misconduct, including but not limited to sexual misconduct, incompetence, or gross negligence or pattern of negligence
in the practice of medicine or other profession or occupation regulated under this chapter;
(12) Wilful violation of the confidential relationship with or confidential communications of a patient;
(13) Wilful failure to report to the Board as required by § 1730(a) of this title;
(14) Wilful failure to report to the Board as required by § 1730(b) of this title;
(15) Wilful failure to report to the Board as required by § 1730(c) of this title;
(16) Unjustified failure upon request to divulge information relevant to the authorization or competence of a person to practice
medicine or other profession or occupation regulated under this chapter to the Board, to any committee thereof, to the Executive
Director, or to anyone designated by the Executive Director to request such information;
(17) The violation of a provision of this chapter or the violation of an order or regulation of the Board related to medical
procedures or to the procedures of other professions or occupations regulated under this chapter, the violation of which more
probably than not will harm or injure the public or an individual;
(18) Charging a grossly exorbitant fee for professional or occupational services rendered;
(19) Suspension or revocation of a certificate to practice medicine or of the authorizing document to practice another profession
or occupation regulated under this chapter, or other disciplinary action taken by the regulatory authority in another state
or territory. In making its determination, the Board may rely upon decisions made by the appropriate authorities in other
states and may not permit a collateral attack on those decisions;
(20) Signing the death certificate of a person prior to the actual time of death of the person;
(21) A violation of § 1764A of this title;
(22) Wilful failure to report to the Board when required by § 1731A of this title; and
(23) Wilful failure to comply with § 1769B of this title.
(c) A certificate to practice medicine or an authorizing document to practice another profession or occupation regulated under
this chapter is subject to restriction, suspension, or revocation, either temporarily or permanently, in case of the inability
of the holder to practice medicine or other profession or occupation with reasonable skill or safety to patients by reason
of 1 or more of the following:
(1) Mental illness or mental incompetence;
(2) Physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill;
(3) Excessive use or abuse of drugs, including alcohol.
(d) The Board may establish, by class and not by individual, requirements for continuing education and/or reexamination as
a condition for renewal of registration and for recertification to practice medicine or other profession or occupation regulated
under this chapter, or as a condition to continue to practice medicine or other profession or occupation regulated under this
chapter after disciplinary sanctions are imposed or after inability to practice with reasonable skill or safety to patients
has been determined.
(e) A person who files a complaint with the Board or any of its members, the Executive Director, or the Division, or who provides
information to the Board or any of its members, the Executive Director, or the Division regarding a complaint, or who testifies
as a witness at a hearing before the Board or any of its hearing panels or committees concerning unprofessional conduct by
a person certified to practice medicine or other profession or occupation regulated under this chapter in this State or concerning
the inability of a person certified to practice medicine or other profession or occupation regulated under this chapter for
the reasons set forth in subsection (c) of this section, may not be held liable in any cause of action arising out of the
filing of the complaint, the providing of information, or the giving of testimony, provided that the person does so in good
faith and without gross or wanton negligence.
(f) The provisions of this section apply to any person to whom a certificate, license, or other authorizing document to practice
a profession or occupation has been issued pursuant to this chapter.
60 Del. Laws, c. 462, § 1; 62 Del. Laws, c. 90, s. 3; 63 Del. Laws, c. 252, § 1; 64 Del. Laws, c. 477, § 4; 67 Del. Laws, c. 226, §§ 10, 11; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 12-14; 74 Del. Laws, c. 213, § 1; 74 Del. Laws, c. 262, § 30; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 161, § 3; 77 Del. Laws, c. 322, § 1; 77 Del. Laws, c. 325, §§ 3-6.;
§ 1731A. Duty to report [Effective until Sept. 1, 2010]
(a) Any person may report to the Board, in writing, information that the reporting person reasonably believes indicates that
a person certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may
be unable to practice medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence;
physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs,
including alcohol. The following have an affirmative duty to report, and must report, such information to the Board in writing
within 30 days of becoming aware of the information:
(1) All persons certified to practice medicine under this chapter;
(2) All certified, registered, or licensed healthcare providers;
(3) The Medical Society of Delaware;
(4) All healthcare institutions in the State;
(5) All State agencies;
(6) All law enforcement agencies in the State.
(b) If a person certified to practice medicine in this State voluntarily resigns from the staff of a healthcare institution,
or voluntarily limits that person's own staff privileges at a healthcare institution, or fails to reapply for hospital or
staff privileges at a healthcare institution, the healthcare institution and the person shall promptly report in writing such
conduct to the Board if the conduct occurs while the person is under formal or informal investigation by the institution or
a committee thereof for any reason related to possible unprofessional conduct or possible inability to practice medicine with
reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical illness; or excessive
use or abuse of drugs, pursuant to § 1731 of this title.
(c) Upon receiving a report pursuant to subsection (a) or (b) of this section, or on its own motion, the Board shall investigate
any evidence which appears to show that the person reported is or may be guilty of unprofessional conduct or may be unable
to practice medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical
illness; or excessive use or abuse of drugs, pursuant to § 1731 of this title.
(d) When an investigation is necessary pursuant to subsection (c) of this section, the Executive Director, with the approval
of the assisting Board members who must be or must include a physician and a public member when the investigation relates
to the quality of medical care provided by a physician or to the competency of a physician to engage safely in the practice
of medicine, has the authority to inquire from any organization which undertakes physician peer review or physician quality
assurance evaluations whether or not there has been any peer review, quality assurance, or similar process instituted involving
the physician under investigation. The Executive Director may, by subpoena, compel the production of a list of the medical
records reviewed during the peer review process, a list of the quality assurance indicators, and/or a list of other issues
which were the basis for the peer review, quality assurance, or similar process. The lists produced must identify each item
with a unique medical identifier to replace the patient's name and specific identifying information. If necessary, after receiving
the lists the Executive Director may, by subpoena, compel the production of the relevant medical records. However, the individual,
hospital, organization, or institution shall remove the patient's name and specific identifying information from the records
prior to complying with the subpoena. If, after having reviewed the records produced, an assisting physician Board member
and an assisting public Board member consider it necessary, the Executive Director may, by subpoena, compel the production
of the patient's name. The Board shall take reasonable steps to protect the identity of the patient in so far as such protection
does not, in the opinion of the Board, adversely affect the Board's ability to protect the public interest. An individual,
hospital, organization, or institution that furnishes information to the Board pursuant to a subpoena issued pursuant to this
subchapter with respect to any patient is not solely by reason of furnishing the information liable in damages to any person
or subject to any other recourse, civil or criminal.
(e) The Board shall promptly acknowledge all reports received under this section. Individuals or entities reporting under
this section must be promptly informed of the Board's final disposition of the reported matters.
(f) Malpractice insurance carriers and insured persons certified to practice medicine in this State shall file with the Board
a report of each final judgment, settlement, or award against the insured persons. A person not covered by a malpractice insurance
carrier shall also file a report with the Board. A report required to be filed under this subsection must be made to the Board
within 30 days of a final judgment, settlement, or award.
(g) An individual, institution, agency, or organization required to report under this section who does so in good faith is
not subject to civil damages or criminal prosecution for reporting.
(h) The Executive Director shall initially review every report made to the Board under this subchapter. The Executive Director
may defer the investigation of a report pending a reported licensee's evaluation and treatment for substance abuse or for
physical or mental illness, provided sufficient safeguards exist to protect the licensee's patients and the public. Safeguards
may include a verifiable, voluntary cessation of the practice of medicine or a limited or monitored practice. Upon completion
of the reported licensee's evaluation and treatment, the Executive Director may resume investigation of the report pursuant
to the requirements of this chapter. If the Executive Director determines that a deferral is warranted, the case shall be
summarized and placed before the Board for its information.
(i) Pursuant to the authority conferred herein and by § 1713 of this title, the Board shall have the authority to impose a
fine, not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation, on any person,
any healthcare provider, any healthcare institution, and the Medical Society of Delaware for violation of any duty imposed
by this chapter, and said fine shall be imposed pursuant to the procedures of this chapter.
67 Del. Laws, c. 159, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, § 15; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 358, § 2; 77 Del. Laws, c. 319, §§ 7, 8; 77 Del. Laws, c. 321, § 2.;
§ 1731A. Duty to report [Effective Sept. 1, 2010]
(a) Any person may report to the Board information that the reporting person reasonably believes indicates that a person certified
and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice
medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical illness,
including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol.
The following have an affirmative duty to report, and must report, such information to the Board in writing within 30 days
of becoming aware of the information:
(1) All persons certified to practice medicine under this chapter;
(2) All certified, registered, or licensed healthcare providers;
(3) The Medical Society of Delaware;
(4) All healthcare institutions in the State;
(5) All state agencies other than law-enforcement agencies;
(6) All law-enforcement agencies in the State, except that such agencies are required to report only new or pending investigations
of alleged criminal conduct specified in § 1731(b)(2) of this title, and are further required to report within 30 days of
the close of a criminal investigation or the arrest of a person licensed under this chapter.
(b) If a person certified to practice medicine in this State voluntarily resigns from the staff of a healthcare institution,
or voluntarily limits that person's own staff privileges at a healthcare institution, or fails to reapply for hospital or
staff privileges at a healthcare institution, the healthcare institution and the person shall promptly report in writing such
conduct to the Board if the conduct occurs while the person is under formal or informal investigation by the institution or
a committee thereof for any reason related to possible unprofessional conduct or possible inability to practice medicine with
reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical illness; or excessive
use or abuse of drugs, pursuant to § 1731 of this title.
(c) Upon receiving a report pursuant to subsection (a) or (b) of this section, or on its own motion, the Board shall investigate
any evidence which appears to show that the person reported is or may be guilty of unprofessional conduct or may be unable
to practice medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical
illness; or excessive use or abuse of drugs, pursuant to § 1731 of this title.
(d) When an investigation is necessary pursuant to subsection (c) of this section, the Executive Director, with the approval
of the assisting Board members who must be or must include a physician and a public member when the investigation relates
to the quality of medical care provided by a physician or to the competency of a physician to engage safely in the practice
of medicine, has the authority to inquire from any organization which undertakes physician peer review or physician quality
assurance evaluations whether or not there has been any peer review, quality assurance, or similar process instituted involving
the physician under investigation. The Executive Director may, by subpoena, compel the production of a list of the medical
records reviewed during the peer review process, a list of the quality assurance indicators, and/or a list of other issues
which were the basis for the peer review, quality assurance, or similar process. The lists produced must identify each item
with a unique medical identifier to replace the patient's name and specific identifying information. If necessary, after receiving
the lists the Executive Director may, by subpoena, compel the production of the relevant medical records. However, the individual,
hospital, organization, or institution shall remove the patient's name and specific identifying information from the records
prior to complying with the subpoena. If, after having reviewed the records produced, an assisting physician Board member
and an assisting public Board member consider it necessary, the Executive Director may, by subpoena, compel the production
of the patient's name. The Board shall take reasonable steps to protect the identity of the patient in so far as such protection
does not, in the opinion of the Board, adversely affect the Board's ability to protect the public interest. An individual,
hospital, organization, or institution that furnishes information to the Board pursuant to a subpoena issued pursuant to this
subchapter with respect to any patient is not solely by reason of furnishing the information liable in damages to any person
or subject to any other recourse, civil or criminal.
(e) The Board shall promptly acknowledge all reports received under this section. Individuals or entities reporting under
this section must be promptly informed of the Board's final disposition of the reported matters.
(f) Malpractice insurance carriers and insured persons certified to practice medicine in this State shall file with the Board
a report of each final judgment, settlement, or award against the insured persons. A person not covered by a malpractice insurance
carrier shall also file a report with the Board. A report required to be filed under this subsection must be made to the Board
within 30 days of a final judgment, settlement, or award.
(g) An individual, institution, agency, or organization required to report under this section who does so in good faith is
not subject to civil damages or criminal prosecution for reporting.
(h) The Executive Director shall initially review every report made to the Board under this subchapter. The Executive Director
may defer the investigation of a report pending a reported licensee's evaluation and treatment for substance abuse or for
physical or mental illness, provided sufficient safeguards exist to protect the licensee's patients and the public. Safeguards
may include a verifiable, voluntary cessation of the practice of medicine or a limited or monitored practice. Upon completion
of the reported licensee's evaluation and treatment, the Executive Director may resume investigation of the report pursuant
to the requirements of this chapter. If the Executive Director determines that a deferral is warranted, the case shall be
summarized and placed before the Board for its information.
(i) Pursuant to the authority conferred herein and by § 1713 of this title, the Board shall have the authority to impose a
fine, not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation, on any person,
any healthcare provider, any healthcare institution, and the Medical Society of Delaware for violation of any duty imposed
by this chapter, and said fine shall be imposed pursuant to the procedures of this chapter.
(j) Upon receiving a complaint involving potential criminal conduct, the Board shall promptly report the complaint to appropriate
law-enforcement agencies, including the Delaware Department of Justice.
67 Del. Laws, c. 159, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, § 15; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 358, § 2; 77 Del. Laws, c. 319, §§ 7, 8; 77 Del. Laws, c. 321, § 2; 77 Del. Laws, c. 325, §§ 7-9.;
§ 1731B. Counseling; letter of concern [Effective until Sept. 1, 2010]
(a) If the Executive Director and the President of the Board, or a member of the Board designated by the President to assist
in an investigation concerning a person certified to practice medicine, determine after the investigation that a violation
of this chapter or of regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred,
but that an act or omission of the person is a matter of concern and that the person's practice may be improved if the person
is made aware of the concern, the Executive Director, with the concurrence of the President or the assisting Board member,
may issue a non-disciplinary, confidential letter of concern regarding the person's act or omission.
(b) If a person certified to practice medicine receives a total of 3 letters of concern and/or letters of counseling pursuant
to this section, the Executive Director may reasonably require a formal assessment of professional competency pursuant to
§ 1732(e) of this title to assess the person's continued ability to protect the health and safety of the person's present
or prospective patients.
70 Del. Laws, c. 144, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 358, § 3.;
§ 1731B. Counseling; letter of concern [Effective Sept. 1, 2010]
(a) If the Executive Director and the President of the Board, or a member of the Board designated by the President to assist
in an investigation concerning a person certified to practice medicine, determine after the investigation that a violation
of this chapter or of regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred,
but that an act or omission of the person is a matter of concern and that the person's practice may be improved if the person
is made aware of the concern, the Executive Director, with the concurrence of the President or the assisting Board member,
may issue a non-disciplinary, confidential letter of concern regarding the person's act or omission.
(b) If a person certified to practice medicine receives a total of 3 letters of concern and/or letters of counseling pursuant
to this section, the Executive Director may reasonably require a formal assessment of professional competency pursuant to
§ 1732(d) of this title to assess the person's continued ability to protect the health and safety of the person's present
or prospective patients.
70 Del. Laws, c. 144, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 358, § 3; 77 Del. Laws, c. 325, § 11.;
§ 1732. Investigations of complaints by the Executive Director [Effective until Sept. 1, 2010]
(a) The Executive Director shall:
(1) Investigate by complaint, or by the Executive Director's own motion or by the Board's own motion, reported cases of:
a. Unprofessional conduct or inability to practice medicine with reasonable skill or safety to patients as defined by § 1731(b)
and (c) of this title;
b. The unauthorized practice of medicine; and
c. Medical malpractice;
(2) Formulate charges, if circumstances under paragraph (1) of this subsection warrant, by bringing a formal complaint against
a person to whom a certificate to practice medicine or otherwise licensed or registered in this State has been issued;
(3) Present all formal complaints to the Board in accordance with the procedures set forth in this subchapter.
(b) The Executive Director shall appoint 2 unbiased members of the Board, at least one of whom must be a physician, to assist
the Executive Director in investigations concerning charges of unprofessional conduct or medical malpractice. The Director
of the Division of Professional Regulation shall appoint investigators from the Division to participate in those investigations,
which must stay within the bounds of the charge being investigated unless the Executive Director determines that the investigation
itself provides good cause for additional investigation. The Executive Director decides in a timely manner whether a formal
complaint should be issued. The Executive Director asks the Attorney General's office to prepare a formal complaint against
the person investigated.
(c) The Executive Director shall appoint at least 1 unbiased physician member of the Board to assist the Executive Director
in investigations concerning inability to practice medicine with reasonable skill or safety to patients. The Director of the
Division of Professional Regulation shall appoint investigators from the Division to participate in those investigations,
which must stay within the bounds of the charge being investigated unless the Executive Director determines that the investigation
itself provides good cause for additional investigation. The Executive Director, or the Executive Director's designee, shall
conduct an assessment of the investigation to determine whether the person to whom a certificate to practice medicine has
been issued is able to practice medicine with reasonable skill and safety to patients, either on a restricted or unrestricted
basis. If the Executive Director reasonably believes that a diagnostic mental or physical examination of the person under
investigation is necessary, the Executive Director shall order the person to submit to an examination at the person's expense
to be conducted by a physician designated by the Executive Director. Every person to whom a certificate to practice medicine
has been issued is deemed to have given that person's own consent to submit to a diagnostic mental or physical examination
when so directed by the Executive Director, and to have waived all objections to the admissibility of the examination report
to the Board. A person who submits to a diagnostic mental or physical examination as ordered by the Executive Director has
the right to designate another physician to be present at the examination and to submit an independent report on the examination
to the Board.
(d) To assist in an investigation of alleged unprofessional conduct, or medical malpractice, or of inability to practice medicine
with reasonable skill or safety to patients, the Executive Director, on behalf of the Board, may, by subpoena, compel the
production of necessary patient medical records of and patient medical records reviewed by all hospitals, organizations, and
healthcare institutions located in the State and by all quality assurance, peer review, and other similar committees, including
the records of the Medical Society of Delaware and its committees. A subpoena issued under this subsection is subject to the
subpoena restrictions in § 1731A(d) of this title. The Board shall take reasonable steps to protect the identity of the patient
in so far as such protection does not, in the opinion of the Board, adversely affect the Board's ability to protect the public
interest.
(e) In addition to or in lieu of a diagnostic evaluation, the Executive Director may require an applicant for or the holder
of a certificate to practice medicine, at the applicant or certificate holder's expense, to complete a formal assessment of
professional competency if the Executive Director, after consultation with the President of the Board and at least 1 other
physician member of the Board, determines that a formal assessment is warranted to protect the health and safety of present
or prospective patients. A formal assessment must be performed by the assessment center established by the Federation of State
Medical Boards and the National Board of Medical Examiners, or by another assessment center as the Executive Director directs.
A formal assessment may not be required of an applicant or certificate holder by the Executive Director without the written
concurrence of the President of the Board and at least one other physician member of the Board that the assessment is warranted
pursuant to this subsection.
60 Del. Laws, c. 462, § 1; 64 Del. Laws, c. 327, § 2; 67 Del. Laws, c. 226, § 12; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 16-19; 75 Del. Laws, c. 141, § 1.;
§ 1732. Investigations of Complaints; Executive Director Authority [Effective Sept. 1, 2010]
(a) All complaints of unprofessional conduct, unauthorized practice of medicine, or medical malpractice shall be referred
to the Division of Professional Regulation to be investigated. Complaints alleging potential sexual misconduct by a licensee
should be afforded priority by the Division. The Division of Professional Regulation shall formulate charges, if circumstances
warrant, by bringing a formal complaint against a person to whom a certificate to practice medicine or otherwise licensed
or registered in this State has been issued.
(b) The Executive Director shall initiate investigations concerning inability to practice medicine with reasonable skill or
safety to patients. The Executive Director with the Board president or the president's designee, shall, after reviewing the
results of the investigation, determine whether the person to whom a certificate to practice medicine has been issued is able
to practice medicine with reasonable skill and safety to patients, either on a restricted or unrestricted basis. If the Executive
Director reasonably believes that a diagnostic mental or physical examination of the person under investigation is necessary,
the Executive Director shall order the person to submit to an examination at the person's expense to be conducted by a physician
or agency designated by the Executive Director. Every person to whom a certificate to practice medicine has been issued is
deemed to have given that person's own consent to submit to a diagnostic mental or physical examination when so directed by
the Executive Director, and to have waived all objections to the admissibility of the examination report to the Board. A person
who submits to a diagnostic mental or physical examination as ordered by the Executive Director has the right to designate
another physician to be present at the examination and to submit an independent report on the examination to the Board.
(c) To assist in an investigation of alleged unprofessional conduct, or medical malpractice, or of inability to practice medicine
with reasonable skill or safety to patients, the Executive Director, on behalf of the Board, may, by subpoena, compel the
production of necessary patient medical records of and patient medical records reviewed by all hospitals, organizations, and
healthcare institutions located in the State and by all quality assurance, peer review, and other similar committees, including
the records of the Medical Society of Delaware and its committees. A subpoena issued under this subsection is subject to the
subpoena restrictions in § 1731A(d) of this title. The Board shall take reasonable steps to protect the identity of the patient
in so far as such protection does not, in the opinion of the Board, adversely affect the Board's ability to protect the public
interest.
(d) In addition to or in lieu of a diagnostic evaluation, the Executive Director may require an applicant for or the holder
of a certificate to practice medicine, at the applicant or certificate holder's expense, to complete a formal assessment of
professional competency if the Executive Director, after consultation with the President of the Board and at least 1 other
physician member of the Board, determines that a formal assessment is warranted to protect the health and safety of present
or prospective patients. A formal assessment must be performed by the assessment center established by the Federation of State
Medical Boards and the National Board of Medical Examiners, or by another assessment center as the Executive Director directs.
A formal assessment may not be required of an applicant or certificate holder by the Executive Director without the written
concurrence of the President of the Board and at least one other physician member of the Board that the assessment is warranted
pursuant to this subsection.
(e) When a complaint is made by a law-enforcement agency or employee thereof and involves allegations of criminal activity,
the Division of Professional Regulation and the Executive Director shall suspend any new or pending investigation upon a written
request to do so by the Delaware Department of Justice or a federal law-enforcement authority. Such written request shall
suspend the duty to investigate pursuant to this section, duty to regularly advise the complainant pursuant to § 1733(a)(2)
of this title and any other duties that would interfere with the ability of law enforcement to investigate the allegations
successfully. The suspension shall remain in effect until the Delaware Department of Justice or federal law enforcement informs
the Executive Director in writing that action by the Division of Professional Regulation will not interfere with a pending
law-enforcement investigation.
60 Del. Laws, c. 462, § 1; 64 Del. Laws, c. 327, § 2; 67 Del. Laws, c. 226, § 12; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 16-19; 75 Del. Laws, c. 141, § 1; 77 Del. Laws, c. 325, §§ 10, 11.;
§ 1733. Complaints; notice of hearing [Effective until Sept. 1, 2010]
(a)(1) Any member of the public or of the Board, or the Executive Director may file with the Board a complaint concerning
any aspect of the practice of medicine against a person to whom a certificate to practice medicine in this State has been
issued or any other person with a duty imposed by this chapter.
(2) The Executive Director shall acknowledge to the complainant in writing receipt of the complaint within 1 week of receiving
the complaint, and shall advise the complainant of the progress of the case at least every 90 days until the case is resolved.
(3) The Executive Director shall communicate with the Department of Justice, at least monthly, regarding the status of complaints
filed pursuant to paragraph (1) of this subsection that are in the Department of Justice, and shall report the case status
to the Board.
(b) The Executive Director shall investigate in accord with the procedures set forth in § 1732 of this title each complaint
which appears to be valid and well-founded.
(c) A complaint against a respondent must be in writing, and signed by the complaining party. The complaint must set forth
with particularity the essential facts constituting the alleged unprofessional conduct, medical negligence, or inability to
practice medicine with reasonable skill or safety to patients. The Executive Director in the Executive Director's own discretion
may maintain the confidentiality of the complaining party from the Board. In the absence of an Executive Director or acting
Executive Director, the Secretary of State may exercise that discretion. The Executive Director may also investigate an unwritten
complaint at the Executive Director's own discretion, provided the complaining party is identified.
(d) After investigation, if the Executive Director elects to file a formal written complaint against a respondent, the person
must be served personally or by certified mail, return receipt requested, with a copy of the complaint not less than 20 days
nor more than 60 days prior to a hearing on the complaint. A formal written complaint under this subsection must describe
in detail the allegations upon which the complaint is based.
(e) A notice of hearing must inform the person of the date, time, and place of the hearing; state the statute or regulation
allegedly violated and the statutory or regulatory authority which gives the Board authority to act; state that the person
has a right to be represented by counsel at the hearing and to present evidence on the person's own behalf; and inform the
person that the Board must base its decision solely upon evidence received at the hearing. The person is entitled to file
with the Board a written response to the complaint within 20 days of service or of receipt by certified mail of the complaint.
(f) A complaint of the unauthorized practice of medicine must be reported immediately to the Attorney General. A person who
files a complaint with or provides information to the Board concerning a violation of this chapter is not liable in any cause
of action arising out of the filing of the complaint or the providing of information, provided that the person does so in
good faith and without gross or wanton negligence.
Subchapter IV. Disciplinary Regulation; Proceedings of the Board
§ 1730. Duty to report unprofessional conduct and inability to practice medicine [Effective until Sept. 1, 2010]
(a) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board if that person is
treating professionally another person who possesses a certificate to practice medicine for a condition defined in § 1731(c)
of this title, if, in the reporting person's opinion, the person being treated may be unable to practice medicine with reasonable
skill or safety. The reporting person shall provide the Board with a written report which includes the name and address of
the person being treated, the exact condition being treated, and the reporting person's opinion of whether or not action should
be taken under § 1731 of this title. A person reporting to the Board or testifying in any proceeding as a result of making
a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal,
so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise,
and gross or wanton negligence required to be shown by the complainant.
(b) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board within 30 days any
change in hospital privileges that would require a National Practitioner Data Bank (NPDB) report or a Healthcare Integrity
and Protection Data Bank (HIPDB) report by a hospital and any disciplinary action taken by a medical society against that
person.
(c) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board, within 60 days, all
information concerning medical malpractice claims settled or adjudicated to final judgment, as provided in Chapter 68 of Title
18, and, within 30 days, all information required to be reported under § 1731A(f) of this title.
(d) Every person to whom a certificate to practice medicine is issued has a duty to report, within 30 days of the day each
such person becomes aware, of the existence of a report to the Department of Services for Children, Youth and Their Families
under Chapter 9 of Title 16 against that person concerning child abuse or neglect or a report to the Division of Long-Term
Care Residents Protection under Chapter 85 of Title 11 against that person concerning adult abuse, neglect, mistreatment,
or financial exploitation.
60 Del. Laws, c. 462, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 8, 9; 75 Del. Laws, c. 141, § 1; 77 Del. Laws, c. 320, § 9.;
§ 1730. Duty to report unprofessional conduct and inability to practice medicine [Effective Sept. 1, 2010 until Jan. 30, 2011]
(a) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board if that person is
treating professionally another person who possesses a certificate to practice medicine for a condition defined in § 1731(c)
of this title, if, in the reporting person's opinion, the person being treated may be unable to practice medicine with reasonable
skill or safety. The reporting person shall provide the Board with a written report which includes the name and address of
the person being treated, the exact condition being treated, and the reporting person's opinion of whether or not action should
be taken under § 1731 of this title. A person reporting to the Board or testifying in any proceeding as a result of making
a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal,
so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise,
and gross or wanton negligence required to be shown by the complainant.
(b)(1) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board within 30 days
any change in hospital privileges and any disciplinary action taken by a medical society against that person.
(2) Every person certified to practice medicine in this State shall report to the Board within 30 days any civil or criminal
investigation in any jurisdiction which concerns that person's certification or license or other authorization to practice
medicine. The Board may require an applicant to provide sufficient documentation to enable the Board to determine whether
to investigate, pursuant to § 1732 of this title, or whether there are grounds for discipline under § 1731(b) of this title.
(c) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board, within 60 days, all
information concerning medical malpractice claims settled or adjudicated to final judgment, as provided in Chapter 68 of Title
18, and, within 30 days, all information required to be reported under § 1731A(f) of this title.
(d) Every person to whom a certificate to practice medicine is issued has a duty to report, within 30 days of the day each
such person becomes aware, of the existence of a report to the Department of Services for Children, Youth and Their Families
under Chapter 9 of Title 16 against that person concerning child abuse or neglect or a report to the Division of Long-Term
Care Residents Protection under Chapter 85 of Title 11 against that person concerning adult abuse, neglect, mistreatment,
or financial exploitation.
60 Del. Laws, c. 462, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 8, 9; 75 Del. Laws, c. 141, § 1; 77 Del. Laws, c. 320, § 9; 77 Del. Laws, c. 325, § 1.;
§ 1730. Duty to report unprofessional conduct and inability to practice medicine [Effective Jan. 30, 2011]
(a) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board if that person is
treating professionally another person who possesses a certificate to practice medicine for a condition defined in § 1731(c)
of this title, if, in the reporting person's opinion, the person being treated may be unable to practice medicine with reasonable
skill or safety. The reporting person shall provide the Board with a written report which includes the name and address of
the person being treated, the exact condition being treated, and the reporting person's opinion of whether or not action should
be taken under § 1731 of this title. A person reporting to the Board or testifying in any proceeding as a result of making
a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal,
so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise,
and gross or wanton negligence required to be shown by the complainant.
(b)(1) Every person to whom a certificate to practice medicine is issued and health care facility as defined in § 1740 of
this title has a duty to report to the Board within 30 days:
a. Any change in hospital privileges; and
b. Any disciplinary action taken by a medical society against that person; and
c. Any reasonably substantiated incidents involving violence, threat of violence, abuse, or neglect by a person toward any
other person.
(c) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board, within 60 days, all
information concerning medical malpractice claims settled or adjudicated to final judgment, as provided in Chapter 68 of Title
18, and, within 30 days, all information required to be reported under § 1731A(f) of this title.
60 Del. Laws, c. 462, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 8, 9; 75 Del. Laws, c. 141, § 1; 77 Del. Laws, c. 320, § 9; 77 Del. Laws, c. 325, § 1; 77 Del. Laws, c. 460, § 2.;
§ 1731. Unprofessional conduct and inability to practice medicine [Effective until Sept. 1, 2010]
(a) A person to whom a certificate to practice medicine in this State has been issued may be disciplined by the Board for
unprofessional conduct, as defined in subsection (b) of this section, by means of levying a fine, or by the restriction, suspension,
or revocation, either permanent or temporary, of that person's certificate to practice medicine, or by other appropriate action,
which may include a requirement that a person who is disciplined must complete specified continuing education courses.
(b) "Unprofessional conduct" includes but is not limited to any of the following acts or omissions:
(1) The use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest,
or unethical practice in connection with a certification, registration, or licensing requirement of this chapter, or in connection
with the practice of medicine or other profession or occupation regulated under this chapter;
(2) Conviction of or admission under oath to having committed a crime substantially related to the practice of medicine;
(3) Any dishonorable, unethical, or other conduct likely to deceive, defraud, or harm the public;
(4) The practice of medicine or other profession or occupation regulated under this chapter under a false or assumed name;
(5) The practice of medicine or other profession or occupation regulated under this chapter without a certificate or other
authorizing document or renewal of such document, unless otherwise authorized by this chapter;
(6) The use, distribution, or issuance of a prescription for a dangerous or narcotic drug, other than for therapeutic or diagnostic
purposes;
(7) Advertising of the practice of medicine or other profession or occupation regulated under this chapter in an unethical
or unprofessional manner;
(8) Solicitation or acceptance of a fee from a patient or other person by fraudulent representation that a manifestly incurable
condition, as determined with reasonable medical certainty, can be permanently cured;
(9) Knowing or intentional performance of an act which, unless authorized by this chapter, assists an unauthorized person
to practice medicine or other profession or occupation regulated under this chapter;
(10) The failure to provide adequate supervision to an individual working under the supervision of a person who is certified
and registered to practice medicine;
(11) Misconduct, incompetence, or gross negligence in the practice of medicine or other profession or occupation regulated
under this chapter;
(12) Wilful violation of the confidential relationship with or confidential communications of a patient;
(13) Wilful failure to report to the Board as required by § 1730(a) of this title;
(14) Wilful failure to report to the Board as required by § 1730(b) of this title;
(15) Wilful failure to report to the Board as required by § 1730(c) of this title;
(16) Unjustified failure upon request to divulge information relevant to the authorization or competence of a person to practice
medicine or other profession or occupation regulated under this chapter to the Board, to any committee thereof, to the Executive
Director, or to anyone designated by the Executive Director to request such information;
(17) The violation of a provision of this chapter or the violation of an order or regulation of the Board related to medical
procedures or to the procedures of other professions or occupations regulated under this chapter, the violation of which more
probably than not will harm or injure the public or an individual;
(18) Charging a grossly exorbitant fee for professional or occupational services rendered;
(19) Suspension or revocation of a certificate to practice medicine or of the authorizing document to practice another profession
or occupation regulated under this chapter, or other disciplinary action taken by the regulatory authority in another state
or territory. In making its determination, the Board may rely upon decisions made by the appropriate authorities in other
states and may not permit a collateral attack on those decisions;
(20) Signing the death certificate of a person prior to the actual time of death of the person;
(21) A violation of § 1764A of this title.
(c) A certificate to practice medicine or an authorizing document to practice another profession or occupation regulated under
this chapter is subject to restriction, suspension, or revocation, either temporarily or permanently, in case of the inability
of the holder to practice medicine or other profession or occupation with reasonable skill or safety to patients by reason
of 1 or more of the following:
(1) Mental illness or mental incompetence;
(2) Physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill;
(3) Excessive use or abuse of drugs, including alcohol.
(d) The Board may establish, by class and not by individual, requirements for continuing education and/or reexamination as
a condition for renewal of registration and for recertification to practice medicine or other profession or occupation regulated
under this chapter, or as a condition to continue to practice medicine or other profession or occupation regulated under this
chapter after disciplinary sanctions are imposed or after inability to practice with reasonable skill or safety to patients
has been determined.
(e) A person who files a complaint with the Board or any of its members, the Executive Director, or the Division, or who provides
information to the Board or any of its members, the Executive Director, or the Division regarding a complaint, or who testifies
as a witness at a hearing before the Board or any of its hearing panels or committees concerning unprofessional conduct by
a person certified to practice medicine or other profession or occupation regulated under this chapter in this State or concerning
the inability of a person certified to practice medicine or other profession or occupation regulated under this chapter for
the reasons set forth in subsection (c) of this section, may not be held liable in any cause of action arising out of the
filing of the complaint, the providing of information, or the giving of testimony, provided that the person does so in good
faith and without gross or wanton negligence.
(f) The provisions of this section apply to any person to whom a certificate, license, or other authorizing document to practice
a profession or occupation has been issued pursuant to this chapter.
60 Del. Laws, c. 462, § 1; 62 Del. Laws, c. 90, s. 3; 63 Del. Laws, c. 252, § 1; 64 Del. Laws, c. 477, § 4; 67 Del. Laws, c. 226, §§ 10, 11; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 12-14; 74 Del. Laws, c. 213, § 1; 74 Del. Laws, c. 262, § 30; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 161, § 3.;
§ 1731. Unprofessional conduct and inability to practice medicine [Effective Sept. 1, 2010, until July 1, 2011]
(a) A person to whom a certificate to practice medicine in this State has been issued may be disciplined by the Board for
unprofessional conduct, as defined in subsection (b) of this section, by means of levying a fine, or by the restriction, suspension,
or revocation, either permanent or temporary, of that person's certificate to practice medicine, or by other appropriate action,
which may include a requirement that a person who is disciplined must complete specified continuing education courses. The
Board shall permanently revoke the certificate to practice medicine in this State of a person who is convicted of a felony
sexual offense.
(b) "Unprofessional conduct" includes but is not limited to any of the following acts or omissions:
(1) The use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest,
or unethical practice in connection with a certification, registration, or licensing requirement of this chapter, or in connection
with the practice of medicine or other profession or occupation regulated under this chapter;
(2) Conduct that would constitute a crime substantially related to the practice of medicine;
(3) Any dishonorable, unethical, or other conduct likely to deceive, defraud, or harm the public;
(4) The practice of medicine or other profession or occupation regulated under this chapter under a false or assumed name;
(5) The practice of medicine or other profession or occupation regulated under this chapter without a certificate or other
authorizing document or renewal of such document, unless otherwise authorized by this chapter;
(6) The use, distribution, or issuance of a prescription for a dangerous or narcotic drug, other than for therapeutic or diagnostic
purposes;
(7) Advertising of the practice of medicine or other profession or occupation regulated under this chapter in an unethical
or unprofessional manner;
(8) Solicitation or acceptance of a fee from a patient or other person by fraudulent representation that a manifestly incurable
condition, as determined with reasonable medical certainty, can be permanently cured;
(9) Knowing or intentional performance of an act which, unless authorized by this chapter, assists an unauthorized person
to practice medicine or other profession or occupation regulated under this chapter;
(10) The failure to provide adequate supervision to an individual working under the supervision of a person who is certified
and registered to practice medicine;
(11) Misconduct, including but not limited to sexual misconduct, incompetence, or gross negligence or pattern of negligence
in the practice of medicine or other profession or occupation regulated under this chapter;
(12) Wilful violation of the confidential relationship with or confidential communications of a patient;
(13) Wilful failure to report to the Board as required by § 1730(a) of this title;
(14) Wilful failure to report to the Board as required by § 1730(b) of this title;
(15) Wilful failure to report to the Board as required by § 1730(c) of this title;
(16) Unjustified failure upon request to divulge information relevant to the authorization or competence of a person to practice
medicine or other profession or occupation regulated under this chapter to the Board, to any committee thereof, to the Executive
Director, or to anyone designated by the Executive Director to request such information;
(17) The violation of a provision of this chapter or the violation of an order or regulation of the Board related to medical
procedures or to the procedures of other professions or occupations regulated under this chapter, the violation of which more
probably than not will harm or injure the public or an individual;
(18) Charging a grossly exorbitant fee for professional or occupational services rendered;
(19) Suspension or revocation of a certificate to practice medicine or of the authorizing document to practice another profession
or occupation regulated under this chapter, or other disciplinary action taken by the regulatory authority in another state
or territory. In making its determination, the Board may rely upon decisions made by the appropriate authorities in other
states and may not permit a collateral attack on those decisions;
(20) Signing the death certificate of a person prior to the actual time of death of the person;
(21) A violation of § 1764A of this title; and
(22) Wilful failure to report to the Board when required by § 1731A of this title.
(c) A certificate to practice medicine or an authorizing document to practice another profession or occupation regulated under
this chapter is subject to restriction, suspension, or revocation, either temporarily or permanently, in case of the inability
of the holder to practice medicine or other profession or occupation with reasonable skill or safety to patients by reason
of 1 or more of the following:
(1) Mental illness or mental incompetence;
(2) Physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill;
(3) Excessive use or abuse of drugs, including alcohol.
(d) The Board may establish, by class and not by individual, requirements for continuing education and/or reexamination as
a condition for renewal of registration and for recertification to practice medicine or other profession or occupation regulated
under this chapter, or as a condition to continue to practice medicine or other profession or occupation regulated under this
chapter after disciplinary sanctions are imposed or after inability to practice with reasonable skill or safety to patients
has been determined.
(e) A person who files a complaint with the Board or any of its members, the Executive Director, or the Division, or who provides
information to the Board or any of its members, the Executive Director, or the Division regarding a complaint, or who testifies
as a witness at a hearing before the Board or any of its hearing panels or committees concerning unprofessional conduct by
a person certified to practice medicine or other profession or occupation regulated under this chapter in this State or concerning
the inability of a person certified to practice medicine or other profession or occupation regulated under this chapter for
the reasons set forth in subsection (c) of this section, may not be held liable in any cause of action arising out of the
filing of the complaint, the providing of information, or the giving of testimony, provided that the person does so in good
faith and without gross or wanton negligence.
(f) The provisions of this section apply to any person to whom a certificate, license, or other authorizing document to practice
a profession or occupation has been issued pursuant to this chapter.
60 Del. Laws, c. 462, § 1; 62 Del. Laws, c. 90, s. 3; 63 Del. Laws, c. 252, § 1; 64 Del. Laws, c. 477, § 4; 67 Del. Laws, c. 226, §§ 10, 11; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 12-14; 74 Del. Laws, c. 213, § 1; 74 Del. Laws, c. 262, § 30; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 161, § 3; 77 Del. Laws, c. 325, §§ 3-6.;
§ 1731. Unprofessional conduct and inability to practice medicine [Effective July 1, 2011]
(a) A person to whom a certificate to practice medicine in this State has been issued may be disciplined by the Board for
unprofessional conduct, as defined in subsection (b) of this section, by means of levying a fine, or by the restriction, suspension,
or revocation, either permanent or temporary, of that person's certificate to practice medicine, or by other appropriate action,
which may include a requirement that a person who is disciplined must complete specified continuing education courses. The
Board shall permanently revoke the certificate to practice medicine in this State of a person who is convicted of a felony
sexual offense.
(b) "Unprofessional conduct" includes but is not limited to any of the following acts or omissions:
(1) The use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest,
or unethical practice in connection with a certification, registration, or licensing requirement of this chapter, or in connection
with the practice of medicine or other profession or occupation regulated under this chapter;
(2) Conduct that would constitute a crime substantially related to the practice of medicine;
(3) Any dishonorable, unethical, or other conduct likely to deceive, defraud, or harm the public;
(4) The practice of medicine or other profession or occupation regulated under this chapter under a false or assumed name;
(5) The practice of medicine or other profession or occupation regulated under this chapter without a certificate or other
authorizing document or renewal of such document, unless otherwise authorized by this chapter;
(6) The use, distribution, or issuance of a prescription for a dangerous or narcotic drug, other than for therapeutic or diagnostic
purposes;
(7) Advertising of the practice of medicine or other profession or occupation regulated under this chapter in an unethical
or unprofessional manner;
(8) Solicitation or acceptance of a fee from a patient or other person by fraudulent representation that a manifestly incurable
condition, as determined with reasonable medical certainty, can be permanently cured;
(9) Knowing or intentional performance of an act which, unless authorized by this chapter, assists an unauthorized person
to practice medicine or other profession or occupation regulated under this chapter;
(10) The failure to provide adequate supervision to an individual working under the supervision of a person who is certified
and registered to practice medicine;
(11) Misconduct, including but not limited to sexual misconduct, incompetence, or gross negligence or pattern of negligence
in the practice of medicine or other profession or occupation regulated under this chapter;
(12) Wilful violation of the confidential relationship with or confidential communications of a patient;
(13) Wilful failure to report to the Board as required by § 1730(a) of this title;
(14) Wilful failure to report to the Board as required by § 1730(b) of this title;
(15) Wilful failure to report to the Board as required by § 1730(c) of this title;
(16) Unjustified failure upon request to divulge information relevant to the authorization or competence of a person to practice
medicine or other profession or occupation regulated under this chapter to the Board, to any committee thereof, to the Executive
Director, or to anyone designated by the Executive Director to request such information;
(17) The violation of a provision of this chapter or the violation of an order or regulation of the Board related to medical
procedures or to the procedures of other professions or occupations regulated under this chapter, the violation of which more
probably than not will harm or injure the public or an individual;
(18) Charging a grossly exorbitant fee for professional or occupational services rendered;
(19) Suspension or revocation of a certificate to practice medicine or of the authorizing document to practice another profession
or occupation regulated under this chapter, or other disciplinary action taken by the regulatory authority in another state
or territory. In making its determination, the Board may rely upon decisions made by the appropriate authorities in other
states and may not permit a collateral attack on those decisions;
(20) Signing the death certificate of a person prior to the actual time of death of the person;
(21) A violation of § 1764A of this title;
(22) Wilful failure to report to the Board when required by § 1731A of this title; and
(23) Wilful failure to comply with § 1769B of this title.
(c) A certificate to practice medicine or an authorizing document to practice another profession or occupation regulated under
this chapter is subject to restriction, suspension, or revocation, either temporarily or permanently, in case of the inability
of the holder to practice medicine or other profession or occupation with reasonable skill or safety to patients by reason
of 1 or more of the following:
(1) Mental illness or mental incompetence;
(2) Physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill;
(3) Excessive use or abuse of drugs, including alcohol.
(d) The Board may establish, by class and not by individual, requirements for continuing education and/or reexamination as
a condition for renewal of registration and for recertification to practice medicine or other profession or occupation regulated
under this chapter, or as a condition to continue to practice medicine or other profession or occupation regulated under this
chapter after disciplinary sanctions are imposed or after inability to practice with reasonable skill or safety to patients
has been determined.
(e) A person who files a complaint with the Board or any of its members, the Executive Director, or the Division, or who provides
information to the Board or any of its members, the Executive Director, or the Division regarding a complaint, or who testifies
as a witness at a hearing before the Board or any of its hearing panels or committees concerning unprofessional conduct by
a person certified to practice medicine or other profession or occupation regulated under this chapter in this State or concerning
the inability of a person certified to practice medicine or other profession or occupation regulated under this chapter for
the reasons set forth in subsection (c) of this section, may not be held liable in any cause of action arising out of the
filing of the complaint, the providing of information, or the giving of testimony, provided that the person does so in good
faith and without gross or wanton negligence.
(f) The provisions of this section apply to any person to whom a certificate, license, or other authorizing document to practice
a profession or occupation has been issued pursuant to this chapter.
60 Del. Laws, c. 462, § 1; 62 Del. Laws, c. 90, s. 3; 63 Del. Laws, c. 252, § 1; 64 Del. Laws, c. 477, § 4; 67 Del. Laws, c. 226, §§ 10, 11; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 12-14; 74 Del. Laws, c. 213, § 1; 74 Del. Laws, c. 262, § 30; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 161, § 3; 77 Del. Laws, c. 322, § 1; 77 Del. Laws, c. 325, §§ 3-6.;
§ 1731A. Duty to report [Effective until Sept. 1, 2010]
(a) Any person may report to the Board, in writing, information that the reporting person reasonably believes indicates that
a person certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may
be unable to practice medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence;
physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs,
including alcohol. The following have an affirmative duty to report, and must report, such information to the Board in writing
within 30 days of becoming aware of the information:
(1) All persons certified to practice medicine under this chapter;
(2) All certified, registered, or licensed healthcare providers;
(3) The Medical Society of Delaware;
(4) All healthcare institutions in the State;
(5) All State agencies;
(6) All law enforcement agencies in the State.
(b) If a person certified to practice medicine in this State voluntarily resigns from the staff of a healthcare institution,
or voluntarily limits that person's own staff privileges at a healthcare institution, or fails to reapply for hospital or
staff privileges at a healthcare institution, the healthcare institution and the person shall promptly report in writing such
conduct to the Board if the conduct occurs while the person is under formal or informal investigation by the institution or
a committee thereof for any reason related to possible unprofessional conduct or possible inability to practice medicine with
reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical illness; or excessive
use or abuse of drugs, pursuant to § 1731 of this title.
(c) Upon receiving a report pursuant to subsection (a) or (b) of this section, or on its own motion, the Board shall investigate
any evidence which appears to show that the person reported is or may be guilty of unprofessional conduct or may be unable
to practice medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical
illness; or excessive use or abuse of drugs, pursuant to § 1731 of this title.
(d) When an investigation is necessary pursuant to subsection (c) of this section, the Executive Director, with the approval
of the assisting Board members who must be or must include a physician and a public member when the investigation relates
to the quality of medical care provided by a physician or to the competency of a physician to engage safely in the practice
of medicine, has the authority to inquire from any organization which undertakes physician peer review or physician quality
assurance evaluations whether or not there has been any peer review, quality assurance, or similar process instituted involving
the physician under investigation. The Executive Director may, by subpoena, compel the production of a list of the medical
records reviewed during the peer review process, a list of the quality assurance indicators, and/or a list of other issues
which were the basis for the peer review, quality assurance, or similar process. The lists produced must identify each item
with a unique medical identifier to replace the patient's name and specific identifying information. If necessary, after receiving
the lists the Executive Director may, by subpoena, compel the production of the relevant medical records. However, the individual,
hospital, organization, or institution shall remove the patient's name and specific identifying information from the records
prior to complying with the subpoena. If, after having reviewed the records produced, an assisting physician Board member
and an assisting public Board member consider it necessary, the Executive Director may, by subpoena, compel the production
of the patient's name. The Board shall take reasonable steps to protect the identity of the patient in so far as such protection
does not, in the opinion of the Board, adversely affect the Board's ability to protect the public interest. An individual,
hospital, organization, or institution that furnishes information to the Board pursuant to a subpoena issued pursuant to this
subchapter with respect to any patient is not solely by reason of furnishing the information liable in damages to any person
or subject to any other recourse, civil or criminal.
(e) The Board shall promptly acknowledge all reports received under this section. Individuals or entities reporting under
this section must be promptly informed of the Board's final disposition of the reported matters.
(f) Malpractice insurance carriers and insured persons certified to practice medicine in this State shall file with the Board
a report of each final judgment, settlement, or award against the insured persons. A person not covered by a malpractice insurance
carrier shall also file a report with the Board. A report required to be filed under this subsection must be made to the Board
within 30 days of a final judgment, settlement, or award.
(g) An individual, institution, agency, or organization required to report under this section who does so in good faith is
not subject to civil damages or criminal prosecution for reporting.
(h) The Executive Director shall initially review every report made to the Board under this subchapter. The Executive Director
may defer the investigation of a report pending a reported licensee's evaluation and treatment for substance abuse or for
physical or mental illness, provided sufficient safeguards exist to protect the licensee's patients and the public. Safeguards
may include a verifiable, voluntary cessation of the practice of medicine or a limited or monitored practice. Upon completion
of the reported licensee's evaluation and treatment, the Executive Director may resume investigation of the report pursuant
to the requirements of this chapter. If the Executive Director determines that a deferral is warranted, the case shall be
summarized and placed before the Board for its information.
(i) Pursuant to the authority conferred herein and by § 1713 of this title, the Board shall have the authority to impose a
fine, not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation, on any person,
any healthcare provider, any healthcare institution, and the Medical Society of Delaware for violation of any duty imposed
by this chapter, and said fine shall be imposed pursuant to the procedures of this chapter.
67 Del. Laws, c. 159, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, § 15; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 358, § 2; 77 Del. Laws, c. 319, §§ 7, 8; 77 Del. Laws, c. 321, § 2.;
§ 1731A. Duty to report [Effective Sept. 1, 2010]
(a) Any person may report to the Board information that the reporting person reasonably believes indicates that a person certified
and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice
medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical illness,
including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol.
The following have an affirmative duty to report, and must report, such information to the Board in writing within 30 days
of becoming aware of the information:
(1) All persons certified to practice medicine under this chapter;
(2) All certified, registered, or licensed healthcare providers;
(3) The Medical Society of Delaware;
(4) All healthcare institutions in the State;
(5) All state agencies other than law-enforcement agencies;
(6) All law-enforcement agencies in the State, except that such agencies are required to report only new or pending investigations
of alleged criminal conduct specified in § 1731(b)(2) of this title, and are further required to report within 30 days of
the close of a criminal investigation or the arrest of a person licensed under this chapter.
(b) If a person certified to practice medicine in this State voluntarily resigns from the staff of a healthcare institution,
or voluntarily limits that person's own staff privileges at a healthcare institution, or fails to reapply for hospital or
staff privileges at a healthcare institution, the healthcare institution and the person shall promptly report in writing such
conduct to the Board if the conduct occurs while the person is under formal or informal investigation by the institution or
a committee thereof for any reason related to possible unprofessional conduct or possible inability to practice medicine with
reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical illness; or excessive
use or abuse of drugs, pursuant to § 1731 of this title.
(c) Upon receiving a report pursuant to subsection (a) or (b) of this section, or on its own motion, the Board shall investigate
any evidence which appears to show that the person reported is or may be guilty of unprofessional conduct or may be unable
to practice medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical
illness; or excessive use or abuse of drugs, pursuant to § 1731 of this title.
(d) When an investigation is necessary pursuant to subsection (c) of this section, the Executive Director, with the approval
of the assisting Board members who must be or must include a physician and a public member when the investigation relates
to the quality of medical care provided by a physician or to the competency of a physician to engage safely in the practice
of medicine, has the authority to inquire from any organization which undertakes physician peer review or physician quality
assurance evaluations whether or not there has been any peer review, quality assurance, or similar process instituted involving
the physician under investigation. The Executive Director may, by subpoena, compel the production of a list of the medical
records reviewed during the peer review process, a list of the quality assurance indicators, and/or a list of other issues
which were the basis for the peer review, quality assurance, or similar process. The lists produced must identify each item
with a unique medical identifier to replace the patient's name and specific identifying information. If necessary, after receiving
the lists the Executive Director may, by subpoena, compel the production of the relevant medical records. However, the individual,
hospital, organization, or institution shall remove the patient's name and specific identifying information from the records
prior to complying with the subpoena. If, after having reviewed the records produced, an assisting physician Board member
and an assisting public Board member consider it necessary, the Executive Director may, by subpoena, compel the production
of the patient's name. The Board shall take reasonable steps to protect the identity of the patient in so far as such protection
does not, in the opinion of the Board, adversely affect the Board's ability to protect the public interest. An individual,
hospital, organization, or institution that furnishes information to the Board pursuant to a subpoena issued pursuant to this
subchapter with respect to any patient is not solely by reason of furnishing the information liable in damages to any person
or subject to any other recourse, civil or criminal.
(e) The Board shall promptly acknowledge all reports received under this section. Individuals or entities reporting under
this section must be promptly informed of the Board's final disposition of the reported matters.
(f) Malpractice insurance carriers and insured persons certified to practice medicine in this State shall file with the Board
a report of each final judgment, settlement, or award against the insured persons. A person not covered by a malpractice insurance
carrier shall also file a report with the Board. A report required to be filed under this subsection must be made to the Board
within 30 days of a final judgment, settlement, or award.
(g) An individual, institution, agency, or organization required to report under this section who does so in good faith is
not subject to civil damages or criminal prosecution for reporting.
(h) The Executive Director shall initially review every report made to the Board under this subchapter. The Executive Director
may defer the investigation of a report pending a reported licensee's evaluation and treatment for substance abuse or for
physical or mental illness, provided sufficient safeguards exist to protect the licensee's patients and the public. Safeguards
may include a verifiable, voluntary cessation of the practice of medicine or a limited or monitored practice. Upon completion
of the reported licensee's evaluation and treatment, the Executive Director may resume investigation of the report pursuant
to the requirements of this chapter. If the Executive Director determines that a deferral is warranted, the case shall be
summarized and placed before the Board for its information.
(i) Pursuant to the authority conferred herein and by § 1713 of this title, the Board shall have the authority to impose a
fine, not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation, on any person,
any healthcare provider, any healthcare institution, and the Medical Society of Delaware for violation of any duty imposed
by this chapter, and said fine shall be imposed pursuant to the procedures of this chapter.
(j) Upon receiving a complaint involving potential criminal conduct, the Board shall promptly report the complaint to appropriate
law-enforcement agencies, including the Delaware Department of Justice.
67 Del. Laws, c. 159, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, § 15; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 358, § 2; 77 Del. Laws, c. 319, §§ 7, 8; 77 Del. Laws, c. 321, § 2; 77 Del. Laws, c. 325, §§ 7-9.;
§ 1731B. Counseling; letter of concern [Effective until Sept. 1, 2010]
(a) If the Executive Director and the President of the Board, or a member of the Board designated by the President to assist
in an investigation concerning a person certified to practice medicine, determine after the investigation that a violation
of this chapter or of regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred,
but that an act or omission of the person is a matter of concern and that the person's practice may be improved if the person
is made aware of the concern, the Executive Director, with the concurrence of the President or the assisting Board member,
may issue a non-disciplinary, confidential letter of concern regarding the person's act or omission.
(b) If a person certified to practice medicine receives a total of 3 letters of concern and/or letters of counseling pursuant
to this section, the Executive Director may reasonably require a formal assessment of professional competency pursuant to
§ 1732(e) of this title to assess the person's continued ability to protect the health and safety of the person's present
or prospective patients.
70 Del. Laws, c. 144, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 358, § 3.;
§ 1731B. Counseling; letter of concern [Effective Sept. 1, 2010]
(a) If the Executive Director and the President of the Board, or a member of the Board designated by the President to assist
in an investigation concerning a person certified to practice medicine, determine after the investigation that a violation
of this chapter or of regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred,
but that an act or omission of the person is a matter of concern and that the person's practice may be improved if the person
is made aware of the concern, the Executive Director, with the concurrence of the President or the assisting Board member,
may issue a non-disciplinary, confidential letter of concern regarding the person's act or omission.
(b) If a person certified to practice medicine receives a total of 3 letters of concern and/or letters of counseling pursuant
to this section, the Executive Director may reasonably require a formal assessment of professional competency pursuant to
§ 1732(d) of this title to assess the person's continued ability to protect the health and safety of the person's present
or prospective patients.
70 Del. Laws, c. 144, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 358, § 3; 77 Del. Laws, c. 325, § 11.;
§ 1732. Investigations of complaints by the Executive Director [Effective until Sept. 1, 2010]
(a) The Executive Director shall:
(1) Investigate by complaint, or by the Executive Director's own motion or by the Board's own motion, reported cases of:
a. Unprofessional conduct or inability to practice medicine with reasonable skill or safety to patients as defined by § 1731(b)
and (c) of this title;
b. The unauthorized practice of medicine; and
c. Medical malpractice;
(2) Formulate charges, if circumstances under paragraph (1) of this subsection warrant, by bringing a formal complaint against
a person to whom a certificate to practice medicine or otherwise licensed or registered in this State has been issued;
(3) Present all formal complaints to the Board in accordance with the procedures set forth in this subchapter.
(b) The Executive Director shall appoint 2 unbiased members of the Board, at least one of whom must be a physician, to assist
the Executive Director in investigations concerning charges of unprofessional conduct or medical malpractice. The Director
of the Division of Professional Regulation shall appoint investigators from the Division to participate in those investigations,
which must stay within the bounds of the charge being investigated unless the Executive Director determines that the investigation
itself provides good cause for additional investigation. The Executive Director decides in a timely manner whether a formal
complaint should be issued. The Executive Director asks the Attorney General's office to prepare a formal complaint against
the person investigated.
(c) The Executive Director shall appoint at least 1 unbiased physician member of the Board to assist the Executive Director
in investigations concerning inability to practice medicine with reasonable skill or safety to patients. The Director of the
Division of Professional Regulation shall appoint investigators from the Division to participate in those investigations,
which must stay within the bounds of the charge being investigated unless the Executive Director determines that the investigation
itself provides good cause for additional investigation. The Executive Director, or the Executive Director's designee, shall
conduct an assessment of the investigation to determine whether the person to whom a certificate to practice medicine has
been issued is able to practice medicine with reasonable skill and safety to patients, either on a restricted or unrestricted
basis. If the Executive Director reasonably believes that a diagnostic mental or physical examination of the person under
investigation is necessary, the Executive Director shall order the person to submit to an examination at the person's expense
to be conducted by a physician designated by the Executive Director. Every person to whom a certificate to practice medicine
has been issued is deemed to have given that person's own consent to submit to a diagnostic mental or physical examination
when so directed by the Executive Director, and to have waived all objections to the admissibility of the examination report
to the Board. A person who submits to a diagnostic mental or physical examination as ordered by the Executive Director has
the right to designate another physician to be present at the examination and to submit an independent report on the examination
to the Board.
(d) To assist in an investigation of alleged unprofessional conduct, or medical malpractice, or of inability to practice medicine
with reasonable skill or safety to patients, the Executive Director, on behalf of the Board, may, by subpoena, compel the
production of necessary patient medical records of and patient medical records reviewed by all hospitals, organizations, and
healthcare institutions located in the State and by all quality assurance, peer review, and other similar committees, including
the records of the Medical Society of Delaware and its committees. A subpoena issued under this subsection is subject to the
subpoena restrictions in § 1731A(d) of this title. The Board shall take reasonable steps to protect the identity of the patient
in so far as such protection does not, in the opinion of the Board, adversely affect the Board's ability to protect the public
interest.
(e) In addition to or in lieu of a diagnostic evaluation, the Executive Director may require an applicant for or the holder
of a certificate to practice medicine, at the applicant or certificate holder's expense, to complete a formal assessment of
professional competency if the Executive Director, after consultation with the President of the Board and at least 1 other
physician member of the Board, determines that a formal assessment is warranted to protect the health and safety of present
or prospective patients. A formal assessment must be performed by the assessment center established by the Federation of State
Medical Boards and the National Board of Medical Examiners, or by another assessment center as the Executive Director directs.
A formal assessment may not be required of an applicant or certificate holder by the Executive Director without the written
concurrence of the President of the Board and at least one other physician member of the Board that the assessment is warranted
pursuant to this subsection.
60 Del. Laws, c. 462, § 1; 64 Del. Laws, c. 327, § 2; 67 Del. Laws, c. 226, § 12; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 16-19; 75 Del. Laws, c. 141, § 1.;
§ 1732. Investigations of Complaints; Executive Director Authority [Effective Sept. 1, 2010]
(a) All complaints of unprofessional conduct, unauthorized practice of medicine, or medical malpractice shall be referred
to the Division of Professional Regulation to be investigated. Complaints alleging potential sexual misconduct by a licensee
should be afforded priority by the Division. The Division of Professional Regulation shall formulate charges, if circumstances
warrant, by bringing a formal complaint against a person to whom a certificate to practice medicine or otherwise licensed
or registered in this State has been issued.
(b) The Executive Director shall initiate investigations concerning inability to practice medicine with reasonable skill or
safety to patients. The Executive Director with the Board president or the president's designee, shall, after reviewing the
results of the investigation, determine whether the person to whom a certificate to practice medicine has been issued is able
to practice medicine with reasonable skill and safety to patients, either on a restricted or unrestricted basis. If the Executive
Director reasonably believes that a diagnostic mental or physical examination of the person under investigation is necessary,
the Executive Director shall order the person to submit to an examination at the person's expense to be conducted by a physician
or agency designated by the Executive Director. Every person to whom a certificate to practice medicine has been issued is
deemed to have given that person's own consent to submit to a diagnostic mental or physical examination when so directed by
the Executive Director, and to have waived all objections to the admissibility of the examination report to the Board. A person
who submits to a diagnostic mental or physical examination as ordered by the Executive Director has the right to designate
another physician to be present at the examination and to submit an independent report on the examination to the Board.
(c) To assist in an investigation of alleged unprofessional conduct, or medical malpractice, or of inability to practice medicine
with reasonable skill or safety to patients, the Executive Director, on behalf of the Board, may, by subpoena, compel the
production of necessary patient medical records of and patient medical records reviewed by all hospitals, organizations, and
healthcare institutions located in the State and by all quality assurance, peer review, and other similar committees, including
the records of the Medical Society of Delaware and its committees. A subpoena issued under this subsection is subject to the
subpoena restrictions in § 1731A(d) of this title. The Board shall take reasonable steps to protect the identity of the patient
in so far as such protection does not, in the opinion of the Board, adversely affect the Board's ability to protect the public
interest.
(d) In addition to or in lieu of a diagnostic evaluation, the Executive Director may require an applicant for or the holder
of a certificate to practice medicine, at the applicant or certificate holder's expense, to complete a formal assessment of
professional competency if the Executive Director, after consultation with the President of the Board and at least 1 other
physician member of the Board, determines that a formal assessment is warranted to protect the health and safety of present
or prospective patients. A formal assessment must be performed by the assessment center established by the Federation of State
Medical Boards and the National Board of Medical Examiners, or by another assessment center as the Executive Director directs.
A formal assessment may not be required of an applicant or certificate holder by the Executive Director without the written
concurrence of the President of the Board and at least one other physician member of the Board that the assessment is warranted
pursuant to this subsection.
(e) When a complaint is made by a law-enforcement agency or employee thereof and involves allegations of criminal activity,
the Division of Professional Regulation and the Executive Director shall suspend any new or pending investigation upon a written
request to do so by the Delaware Department of Justice or a federal law-enforcement authority. Such written request shall
suspend the duty to investigate pursuant to this section, duty to regularly advise the complainant pursuant to § 1733(a)(2)
of this title and any other duties that would interfere with the ability of law enforcement to investigate the allegations
successfully. The suspension shall remain in effect until the Delaware Department of Justice or federal law enforcement informs
the Executive Director in writing that action by the Division of Professional Regulation will not interfere with a pending
law-enforcement investigation.
60 Del. Laws, c. 462, § 1; 64 Del. Laws, c. 327, § 2; 67 Del. Laws, c. 226, § 12; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, §§ 16-19; 75 Del. Laws, c. 141, § 1; 77 Del. Laws, c. 325, §§ 10, 11.;
§ 1733. Complaints; notice of hearing [Effective until Sept. 1, 2010]
(a)(1) Any member of the public or of the Board, or the Executive Director may file with the Board a complaint concerning
any aspect of the practice of medicine against a person to whom a certificate to practice medicine in this State has been
issued or any other person with a duty imposed by this chapter.
(2) The Executive Director shall acknowledge to the complainant in writing receipt of the complaint within 1 week of receiving
the complaint, and shall advise the complainant of the progress of the case at least every 90 days until the case is resolved.
(3) The Executive Director shall communicate with the Department of Justice, at least monthly, regarding the status of complaints
filed pursuant to paragraph (1) of this subsection that are in the Department of Justice, and shall report the case status
to the Board.
(b) The Executive Director shall investigate in accord with the procedures set forth in § 1732 of this title each complaint
which appears to be valid and well-founded.
(c) A complaint against a respondent must be in writing, and signed by the complaining party. The complaint must set forth
with particularity the essential facts constituting the alleged unprofessional conduct, medical negligence, or inability to
practice medicine with reasonable skill or safety to patients. The Executive Director in the Executive Director's own discretion
may maintain the confidentiality of the complaining party from the Board. In the absence of an Executive Director or acting
Executive Director, the Secretary of State may exercise that discretion. The Executive Director may also investigate an unwritten
complaint at the Executive Director's own discretion, provided the complaining party is identified.
(d) After investigation, if the Executive Director elects to file a formal written complaint against a respondent, the person
must be served personally or by certified mail, return receipt requested, with a copy of the complaint not less than 20 days
nor more than 60 days prior to a hearing on the complaint. A formal written complaint under this subsection must describe
in detail the allegations upon which the complaint is based.
(e) A notice of hearing must inform the person of the date, time, and place of the hearing; state the statute or regulation
allegedly violated and the statutory or regulatory authority which gives the Board authority to act; state that the person
has a right to be represented by counsel at the hearing and to present evidence on the person's own behalf; and inform the
person that the Board must base its decision solely upon evidence received at the hearing. The person is entitled to file
with the Board a written response to the complaint within 20 days of service or of receipt by certified mail of the complaint.
(f) A complaint of the unauthorized practice of medicine must be reported immediately to the Attorney General. A person who
files a complaint with or provides information to the Board concerning a violation of this chapter is not liable in any cause
of action arising out of the filing of the complaint or the providing of information, provided that the person does so in
good faith and without gross or wanton negligence.
