CHAPTER 108 - STATE BOARD OF CHIROPODY EXAMINERS

AN ACT TO AMEND CHAPTER 66 OF VOLUME 33 OF THE LAWS OF DELAWARE ENTITLED "AN ACT TO REGULATE THE PRACTICE OF CHIROPODY IN THE STATE OF DELAWARE, TO PROVIDE FOR THE ESTABLISHMENT OF A STATE BOARD OF CHIROPODY EXAMINERS, TO DEFINE THE DUTIES AND POWERS OF SAID BOARD, TO PROVIDE FOR EXAMINING AND REGISTERING OF CHIROPODISTS IN THIS STATE, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS ACT", RELATING TO THE PRACTICE OF CHIROPODY.

Be it enacted by the Senate and House of Representatives of the State of Delaware hi General Assembly met:

Section 1. That all of Chapter 66 of Volume 33 of the laws of Delaware entitled "An act to regulate the practice of Chiropody in the State of Delaware, to provide for the establishment of a State Board of Chiropody Examiners, to define the duties and powers of said Board, to provide for examining and registering of Chiropodists in this State, and to provide penalties for the violation of this act", be, and the same is hereby amended by repealing all of said chapter and by substituting the following provisions in lieu thereof.

Section 2. Practice of Chiropody; Definition of:--The diagnosis and the medical, surgical, mechanical, manipulative and electrical treatment of all ailments of the human foot and leg, excepting amputation of the foot or leg or the administration of an anesthetic other than local. Explanation of terms defining Chiropody. Diagnosis: To ascertain a disease or ailment by its general symptoms. Medical treatment: the application to or prescription for the foot or leg of medicines, pads, adhesives, felt, plasters or any medicinal agency. Surgical treatment: the use of any cutting instrument to treat a disease, ailment or condition. Mechanical treatment: application of any mechanical appliance made of steel, leather, felt or any material, to the foot or in the shoe for the purpose of treating any disease, deformity or ailment. Manipulative treatment: the use of the hand or machinery in the operation or working upon the foot and its articulations. Electrical treatment: the administration of electricity to the foot or leg by means of electrodes, machinery, rays and the like.

Section 3. There shall be established a Board of Chiropody Examiners for the State of Delaware. This Board shall consist of three members to be selected from registered and licensed Chiropodists of the State of Delaware. Said members shall be appointed by the Governor for terms of four years respectively and may be removed at any time for good and sufficient cause. Vacancies in said Board shall be filled by the Governor for the unexpired term.

Section 4. From and after the passage of this act any person not holding a certificate to practice Chiropody in this State shall make an application upon a blank form authorized and furnished by the State Board of Chiropody Examiners and file same with said Board for an examination, accompanied by a fee of twenty-five ($25.00) dollars together with satisfactory proof that he or she is more than twenty-one years of age and of good moral character and that he or she has obtained a preliminary education which is equivalent to a four year course of instruction in an accredited scholastic high school. Such applicant must also have obtained a doctorate degree in Chiropody upon graduation from an accredited college or university, acceptable to the Board, said college or university requiring as a prerequisite for said doctorate degree a three year course of instruction in Chiropody which course shall consist of at least eight months of instruction per year and a total of at least thirty-three hundred sixty hours of instruction for said three year course.

Section 5. The Board shall hold two examinations annually for the purpose of examining applicants under this act. The examination shall be held at such time and place as the Board may see fit. The Board may make such rules and regulations as it may deem necessary to conduct its examinations and meetings; it shall provide such books, blanks and forms as may be necessary to conduct said examinations, and shall preserve and keep a complete record of all its transactions; examinations for registration under this act shall be in the English language, written, oral or clinical as the Board may determine, and shall be in the following subjects: Anatomy, Physiology, Pathology, Bacteriology, Chemistry, Diagnosis and Treatment, Clinical Chiropody and in such other subjects pertaining to the treatment of the foot and leg as the Board within its discretion may determine. No applicant shall be granted a certificate unless he attains a general average of seventy-five or over, and not less than fifty percent in anyone subject. After such examinations, the Board shall without unnecessary delay, act on same and issue certificates to the successful candidates, signed by each member of the Board.

Section 6. An applicant failing to pass examination shall within one year after taking such examination be entitled to reexamination upon the payment of a fee of two ($2.00) dollars to the Board. Not more than two re-examinations shall be allowed any one applicant, and upon failure to pass the third examination, the applicant must file a new application as provided for in Section 4 hereof before being entitled to another examination.

Section 7. Every person receiving a certificate from the Board shall file same with the Clerk of the Peace of the county in which he or she resides. It shall be the duty of said Clerk of the Peace to register the name and address of each person and the date of each certificate in a book kept for such purpose and the number of the book and the page therein containing such recordation shall appear on the face of the certificate, over the name of said Clerk of the Peace recording same; the person thus registering shall pay to the said Clerk of the Peace a fee of One ($1.00) Dollar.

Section 8. Applicants registered or certified by the Board of Chiropody Examiners of other states whose requirements for registration and certification are substantially equal to those of this state, in the discretion of the Board, may upon payment of a fee of Fifty 050.00) Dollars be granted a certificate without examination, provided, however, that the provisions of this section shall be extended only to applicants from those states which extend a similar privilege to certified and registered Chiropodists of the State of Delaware.

Section 9. The provisions of this act shall not prohibit the fitting, recommending or the sale of corrective shoes, arch supports or similar mechanical appliances by retail dealers or manufacturers, provided, however, that no representative of such dealer or manufacturer shall be permitted to diagnose, treat or prescribe medically for any foot or leg ailment, disease, or deformity unless certified and registered under the provisions of this act and licensed to practice Chiropody in this state.

Section 10. On and after the passage of this act, it shall be unlawful for any person or persons to incorporate under the laws of this state for the purpose of practicing Chiropody within this state, and it shall be unlawful for any foreign corporation organized for such purpose, to attempt to practice Chiropody within this state; but the foregoing shall not apply to accredited Chiropody Colleges, whose students are receiving their practical training under personal supervision of any licensed Chiropodist of this state.

Section 11. The Board of Chiropody Examiners may revoke any certificate it has issued, and cause the name of the holder to be stricken from the book of registration by the Clerk of the Peace in the county in which the name of the person, whose certificate is revoked is registered for any of the following causes:

A. The willful betrayal of a professional secret.

B. The making of a false statement in any affidavit required of the applicant for application, examination and registration under this act.

C. Lending the use of one's name to an unregistered Chiropodist.

D. Any person habitually indulging in the use of narcotics, ardent spirits, stimulants or any other substance which impairs intellect and judgment to such an extent as in the opinion of the Board will incapacitate such person from the performance of their professional duties.

E. Conviction of a crime involving moral turpitude.

F. Conduct which in the opinion of said Board disqualifies him or her to practice with safety to the public.

Section 12. The Board may suspend any certificate issued by it for an indefinite period, to be fixed by the Board, for misconduct on the part of a registered Chiropodist which would not in the judgment of the Board justify a complete revocation of the certificate.

Section 13. Any person against whom charges have been made shall be notified of that fact and a copy of the charges shall be sent to him or her by the Board and he or she shall be given a fair and impartial trial by the Board whose decision shall be made by a majority vote of its members.

Section 14. Any person who shall practice Chiropody in this state, or who shall advertise in any form or hold himself out to the public as a Chiropodist, or who shall in any sign or advertisement use the word "Chiropodist" or "Foot Specialist" or "Foot Correctionist" or "Foot Expert" or "Practapedist" or "Podiatrist" or any other term or terms or letters indicating that he is a Chiropodist or that he practices or holds himself out as practicing Chiropody or foot correction in any manner, as defined in this act, without having at the time of so doing a valid, unrevoked certificate as provided for in this act, shall be deemed guilty of a misdemeanor, and upon conviction be punished by a fine of not more than One Thousand ($1,000.00) Dollars or imprisonment of not more than two years, or both, in the discretion of the Court, for each offense. It shall be the duty of the Attorney General of this state to prosecute violations of the provisions of this act.

Section 15. It shall be the duty of the Police Department of the cities and the Sheriff of each county in the state to see that all practitioners of Chiropody in the state are legally registered according to the provisions of this act, and to report to the Attorney General of the state all cases of violations of this act, whereupon the said Attorney General shall promptly prosecute those violating the provisions of this act.

Section 16. This act shall not apply to the commissioned surgeons of the United States Army, Navy, or Marine Hospital service in the actual performance of their official duties, nor to regularly licensed physicians in the state of Delaware, nor to a visiting Chiropodist called into consultation in this state from another state where he is duly qualified under the laws of that state to practice Chiropody.

Section 17. In addition to the application and examination fee of Twenty-five ($25.00) Dollars as provided for in Section 4 hereof, a fee of Fifty ($50.00) Dollars in cases of applications of registered and certified Chiropodists of other states, complying with the provisions of Section 8 hereof, each applicant shall be required to pay to the Board the sum of Ten ($10.00) Dollars for the issuance of a certificate, all of which monies shall constitute a fund from which necessary and legitimate expenses and salaries shall be disbursed, not exceeding Ten ($10.00) Dollars per day for each member of the Board actually engaged in the performance of duties on behalf of said Board plus any traveling expenses which may be incurred in connection with the performance of such duties.

Section 18. That, if any part or parts, section, sentence, clause, phrase of this act is for any reason declared unconstitutional or invalid, by a Court of competent jurisdiction, such decision shall not affect the validity of this act as a whole, or any portion thereof, other than the part or portion so decided to be unconstitutional or invalid.

Approved April 18, 1935.