Delaware General Assembly


CHAPTER 199

STATE BOARD OF -CHIROPRACTIC EXAMINERS

AN ACT TO AMEND AN ACT ENTITLED "AN ACT PROVIDING FOR THE CREATION AND APPOINTMENT OF A STATE BOARD OF CHIROPRACTIC EXAMINERS, DEFINING ITS POWERS AND DUTIES; REGULATING THE PRACTICE OF CHIROPRACTIC; PROVIDING FOR THE LICENSING OF CHIROPRACTORS AND PRESCRIBING PENALTIES FOR ANY VIOLATIONS OF THIS ACT," BY AUTHORIZING THE STATE BOARD TO REFUSE TO ISSUE OR REISSUE A LICENSE FOR CERTAIN REASONS AND MAKING IT UNLAWFUL TO PRACTICE CHIROPRACTIC WITHOUT CERTIFICATE FROM THE STATE BOARD OF CHIROPRACTIC EXAMINERS.

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

Section 1. That Chapter 261, Volume 41, Laws of Delaware, be and the same is hereby amended by striking out all of Section 6 of said Chapter and inserting in lieu thereof the following:

Section 6. No person shall be issued an occupational license or other license by the State of Delaware for the practice of the profession of Chiropractic, unless he or she has first procured from the State Board of Chiropractic Examiners the certificate or certificates required by the provisions of this Act.

Section 2. That Chapter 261, Volume 41, Laws of Delaware, be and the same is hereby amended by adding to Section 7 thereof a new Section to be known as Section 7A as follows:

Section 7A. The State Board of Chiropractic Examiners shall have the power and authority to refuse to issue or reissue a license issued for the practice of the profession of Chiropractic for any of the following causes: Material misrepresentative of facts in the application; chronic and persistent inebriety or chronic drug addiction; the practice of criminal abortion; public advertising of special ability to cure chronic incurable diseases; and the presentation to the board of examiners licenses or certificates that shall have been illegally obtained or shall have been signed or issued unlawfully or under fraudulent representation.

The Board of Examiners 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 charge, and shall be afforded an opportunity for hearing before the board in person or by attorney.

Section 3. That Chapter 261, Volume 41, Laws of Delaware, be and the same is hereby amended by adding to Section 9 thereof a new Section to be known as Section 9A as follows:

Section 9A. It shall be unlawful for any person or persons to represent themselves to the public as a Doctor of Chiropractic, or display any sign or advertise in any manner as being a Doctor of Chiropractic or Chiropractic Physician, or practice in any manner as a Doctor of Chiropractic or Chiropractic Physician without first obtaining from the State Board of Chiropractic Examiners the certificate or certificates required under the provisions of this Act.

Section 4. That Chapter 261, Volume 41, Laws of Delaware, be and the same is hereby amended by striking out all of Section 10 and inserting in lieu thereof the following:

Section 10. Any person or persons violating any of the provisions of this Act, shall be guilty of a misdemeanor and upon conviction thereof in the Court of General Sessions of the State of Delaware shall forfeit and pay a fine of not less than Fifty Dollars ($50.00) nor more than Three Hundred Dollars ($300.00), or be imprisoned for a term not exceeding one year, or both, in the discretion of the Court.

Approved May 1, 1939.