CHAPTER 89

MEDICAL COUNCIL OF DELAWARE

AN ACT TO AMEND CHAPTER 27 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATIVE TO THE POWER AND AUTHORITY OF THE MEDICAL COUNCIL OF DELAWARE.

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

Section 1. That Chapter 27 of the Revised Code of Delaware, 1935, be and the same is hereby amended by repealing and striking out all of 914. Sec. 2 thereof, and inserting in lieu thereof the following:

follows:

914. Sec. 2. Style; Quorum; Office; Rules, etc.:--The Council shall be known by the name and style of the "Medical Council of Delaware." Two members thereof shall constitute a quorum for the transaction of all business. It shall have power and authority to establish and maintain an office within the State; and to make, adopt and promulgate rules and regulations for its own government, and for the proper supervision and control of the professional conduct of all persons under its jurisdiction, not inconsistent with the laws of this State or of the United States.

Section 2. That said Chapter 27 of the Revised Code of Delaware, 1935, be and the same is hereby amended by repealing and striking out all of 924. Sec. 12 thereof, and inserting in lieu thereof the following:

When Refused, Suspended or Revoked; To Whom Issued Without Examination; Record of:--On receiving from either of the Boards of Medical Examiners such official report of the examination of any applicant for certificate for license, the Medical Council shall issue forthwith to the applicant, who shall have been returned as having passed successfully the examination, a certificate to that effect.

The Medical Council shall have the power and authority to refuse to issue a certificate for a license to practice medicine and

surgery, and to suspend or revoke a certificate issued for the practice of medicine and surgery for any of the following causes:

Material misrepresentation of facts in the application; chronic and persistent inebriety or chronic drug addiction; the practice of criminal abortion; conviction of a crime involving moral turpitude; publicly advertising special ability to treat or cure chronic incurable diseases; violation of rules and regulations adopted for the supervision and control of professional conduct; and the presentment to the Council of a diploma, license or certificate that shall have been illegally obtained, or that shall have been signed or issued unlawfully or under fraudulent representations. The Medical Council shall have the power to act upon complaint in writing made to it, or upon its own motion. The accused person shall be furnished with a copy of the complaint or charge, and shall be afforded opportunity for a hearing before the Medical Council in person or by attorney.

Upon the recommendation of the proper Board of Medical Examiners, the Medical Council, if it be deemed proper so to do, shall have the power and authority to grant a certificate for a license to practice medicine and surgery without examination to an applicant who has been examined and licensed by an Examining and Licensing Board of another State, or who has been examined and approved by the National Board of Medical Examiners, and who has been engaged in active practice in the State from which application is made at least two consecutive years immediately prior to the present application. Such applicant shall pay to the Treasurer of the Medical Council one hundred dollars, and shall deliver to the Secretary a copy of his license or certificate certified to by the Secretary of the Board of the State from which application is made, which certification shall show that the standard of requirements of the Board at the time the license or certificate was issued was substantially the same as that required by the Medical Council of Delaware, and that the applicant is a person of integrity and good moral character.

The Medical Council shall keep a record of all certificates, when and to whom issued.