CHAPTER 369

MEDICINE, SURGERY AND OSTEOPATHY

AN ACT TO AMEND CHAPTER 17, TITLE 24, DELAWARE CODE, ENTITLED, "MEDICINE, SURGERY AND OSTEOPATHY" BY CONSOLIDATING THE BOARDS OF MEDICAL EXAMINERS AND GENERALLY REVISING THE PROVISIONS OF THE SAID CHAPTER.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 17, Title 24, Delaware Code, is repealed and a new chapter is substituted in lieu thereof to read as follows:

CHAPTER 17

MEDICINE, SURGERY AND OSTEOPATHY

Subchapter I. Medical Council of Delaware

§ 1701. Establishment and composition

The Medical Council of Delaware, heretofore established and hereafter in this chapter referred to as the "Medical Council", shall consist of the President Judge of the Superior Court and of the Orphans' Court of the State, the President of the State Board of Medical Examiners provided for in subchapter II of this chapter, and a third member elected by a majority of the Board of Medical Examiners, chosen from the membership of the Medical Society of Delaware and not a member of the Board of Medical Examiners.

§ 1702. Quorum; office; rules and regulations

Two members of the Medical Council shall constitute a quorum for the transaction of all business.

The Medical Council may establish and maintain an office within this State and 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.

§ 1703. Organization; officers; power to administer oaths

The Medical Council shall annually organize within ten days from the date of the organization of the Board of Medical Examiners, and shall elect from its own number a President and a Secretary, who shall also act as Treasurer, both of whom shall hold their offices for two years, or until their successors are chosen. The President and Secretary may administer oaths in all matters falling within the provisions of this chapter.

§ 1704. Compensation

The members of the Medical Council shall receive, in addition to their necessary expenses, $25 per day for each meeting of the Medical Council, to be paid out of the appropriation provided for in this chapter.

§ 1705. Meetings; certificates issued; limit of powers

(a) The Medical Council shall hold two stated meetings in each year, and may hold special meetings at such times as it may deem proper.

(b) The Medical Council shall issue certificates for license to practice medicine and surgery to such applicants as have presented such diplomas as required by subchapter III of this chapter and successfully passed the examination provided in subchapter III of this chapter.

(c) The Council shall have no powers, duties or functions, except as provided for in this chapter.

§ 1706. Receipts and disbursements

(a) All fees and other money received by the Medical Council shall be paid over to the State Treasurer, in accordance with chapter 61 of Title 29.

(b) All expenses of the Medical Council, within the limits of appropriations made to it, shall be paid by the State Treasurer upon warrants signed by the proper officers of the Medical Council.

Subchapter II. Board of Medical Examiners

§ 1721. Composition; appointment; qualifications; vacancies; removals; compensation

(a) There shall be a Board of Medical Examiners for this State, representing "The President and Fellows of the Medical Society of Delaware."

(b) The Board shall consist of 10 members. The original Board shall consist of the 10 members who were serving on the Boards of Examiners as they existed prior to the enactment of this chapter. On March 1, 1956 when the terms of 5 of the said members expire, the Governor shall appoint 3 members to serve until March 1, 1960, and two members to serve until March 1, 1958. On March 1, 1957, when the terms of the other 5 members expire, the Governor shall appoint three members to serve until March 1, 1961 and two members to serve until March 1, 1959. Thereafter, as each term expires the Governor shall fill such vacancy for a term of 4 years beginning on March first of the year of such appointment.

(c) The Governor shall appoint the members of such Board of Examiners from the list of resident members submitted by the Medical Society of Delaware, which list shall be transmitted to the Governor by January first of each year under the seal and signed by the Secretary of the Society.

(d) From the list of nominees, the Governor shall appoint a Board of Medical Examiners to be composed exclusively of members of the Medical Society of Delaware. In case of the failure of the Society to submit the list, the Governor shall appoint members in good standing of the Society, without other restrictions.

(e) Each one of the appointees must be a registered physician in good standing, and shall have practiced medicine or

surgery under the laws of this State for a period of not less than five years prior to such appointment.

(f) The Governor shall fill vacancies occurring for any reason other than expiration of term, for unexpired terms of such examiners, from the submitted list, and may remove any member of such Board for continued neglect of the duties required by this chapter, or on recommendation of the Medical Society of Delaware for unprofessional or dishonorable conduct.

(g) The members of the Board of Examiners including the Osteopathic examiner referred to in section 1751 (b), shall receive, in addition to their necessary expenses, $10 per day for each meeting of said Board, to be paid out of the appropriation provided for in this chapter.

§ 1722. Membership certificates; rules and regulations

(a) Every person appointed to serve on the Board shall receive a certificate of appointment from the Secretary of State under his hand.

(b) The Board of Examiners shall make and adopt all necessary rules, regulations and by-laws, not inconsistent with the laws of this State or of the United States, whereby to perform the duties and transact the business required under the provisions of this chapter.

§ 1723. Organization; meetings; officers; quorum

(a) An annual meeting of the examining board shall be held on the third Thursday of July. At such meeting of the board an organization shall be effected by the election from their own membership of a President and Secretary, who may be the same person, for the purpose of examining applicants for certificate for license. The Board of Medical Examiners shall hold one or more stated or special meetings in each year, due notice of which shall be made public at such times and places as it may determine.

(b) At stated or special meetings a majority of the members of the Board shall constitute a quorum thereof, but the examination may be conducted by a committee duly authorized by the Board.

Subchapter III. Medicine and Surgery

§ 1731. Definitions and application of chapter

(a) As used in this chapter, "practice of medicine or surgery" means to--

(1) Open an office for such purpose; or

(2) Announce to the public, or to any individual, in any way, a desire or willingness or readiness to treat the sick or afflicted in any county in this State; or

(3) Investigate or diagnosticate, or offer to investigate or diagnosticate any physical or mental ailment, or disease of any person; or

(4) Give surgical assistance to, or suggest, recommend, prescribe or direct for the use of any person, any drug, medicine, applicance or other agency, whether material or not material, for the cure, relief or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound, fracture, or bodily injury, or deformity, after having received or with intent of receiving therefor, either directly or indirectly, any money, gift, or other form of compensation.

(b) It shall also be regarded as practicing medicine within the meaning of this chapter if anyone uses in connection with his name, the words or letters, Dr., Doctor, Professor, M. D., D. 0., or Healer, or any other title, word, letter or other designation which may imply or designate him as a practitioner of medicine, or surgery, in any of its branches.

(c) Nothing in this chapter shall be construed to--

(1) Apply to the administration of domestic or family remedies in case of emergency;

(2) Apply to dentists or dental surgeons in the practice of dentistry; or

(3) Apply to surgeons of the United States Army, Navy, or Air Force in the discharge of their official duties ; or

(4) Prevent the mechanical application of glasses. * (d) Nothing contained in this chapter shall prevent--

(1) Druggists from practicing pharmacy according to the existing laws; or

(2) The treatment of corns or bunions ; or

(3) The business of manicuring; or

(4) The practice of massage.

§ 1732. Qualifications and fees required of applicants for examination

(a) Any person not authorized to practice medicine and surgery in this State, and desiring to enter upon such practice, shall deliver to the Secretary of the Medical Council, upon the payment of a fee of $25, a written application for examination, together with satisfactory proof that the applicant--

(1) Is more than 21 years of age, and a citizen of the United States ;

(2) Is of good moral character ;

(3) Has completed a standard four-year high school course;

(4) Has completed two years of acceptable college work, including English, physics, chemistry, biology, and one foreign language ;

(5) Has received a diploma conferring the degree of Doctor of Medicine from some legally incorporated medical college which in the opinion of the Medical Council was in good standing at the time of the issuing of the diploma; and

(6) Shall have served as an interne for one year in a hospital approved by the Medical Council.

(b) Applicants who have received their degree in medicine after April 30, 1937, shall have pursued the study of medicine for at least twenty-eight months, prior to the granting of such degree, in some legally incorporated medical college or colleges, approved by the Medical Council.

(c) The proof shall be made upon affidavit. Upon the making of payment and proof, the Medical Council shall issue to the applicant an order for examination before the State Board of Medical Examiners.

§ 1733. Qualifications required of all applicants who are graduates of foreign medical schools

(a) No application will be accepted, either for examination or reciprocity, from a graduate of a foreign medical college, unless the applicant has--

(1) Acquired full American citizenship;

(2) Obtained a degree from an American medical college acceptable to the Medical Council;

(3) Served one year as an interne in an American hospital acceptable to the Medical Council; and

(4) Resided in this State for at least one year.

(b) Exceptions to these qualifications may only be made on unanimous vote of the Medical Council.

§ 1734. Examination questions

The Board of Medical Examiners, not less than two weeks prior to the examination, shall submit to the Medical Council

questions for thorough examinations in (1) anatomy, (2) physiology, (3) hygiene and preventive medicine, (4) chemistry, (5) surgery, (6) obstetrics and gynecology, (7) pathology, (8) diagnosis, (9) materia medical and therapeutics, (10) practice of medicine and pediatrics.

§ 1735. Examinations; action and report

(a) The examinations shall be conducted in writing in accordance with the rules and regulations prescribed by the Board of Medical Examiners, and shall embrace the subjects named in section 1734 of this title.

(b) After the examination, the Board of Medical Examiners shall, without unnecessary delay, act on the same. An official report of such action, signed by the President, Secretary and each member of the Board, stating the result of examination, shall be transmitted to the Medical Council.

§ 1736. Reexamination

In case of failure at any examination, the candidate, after the expiration of one year and within two years, shall have the privilege of a second examination by the Board, without the payment of an additional fee.

§ 1737. Certificate to those passing examinations

(a) On receiving from the Board of Medical Examiners an official report of the examination of any applicant for a certificate for license, the Medical Council shall issue forthwith to each applicant who shall have been returned as having successfully passed the examination, a certificate to that effect.

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

§ 1738. Notice of certificates to State Board of Health

The Secretary of the Medical Council shall, immediately upon issuing a certificate, notify the Executive Secretary of the State Board of Health of such fact, giving to the State Board

of Health the full name and address of the person, and the date of issuing the certificate. This section shall also apply to those given certificates under reciprocity and to internes and residents in hospitals.

§ 1739. License requirement; temporary license

No person shall practice medicine or surgery in this State without having obtained a license therefor as provided in this subchapter. But a temporary license, of not less than two weeks nor more than four months, may be granted to a resident and legally qualified physician of another State to take charge of the practice of a resident and legally qualified physician of this State, during the latter's temporary illness or absence from this State, upon the written request of a physician residing in this State, and the payment to the Secretary of the Medical Council of a fee of $10. When such temporary license is so issued, the physician receiving such license shall have the right to practice medicine in this State for the time specified in the temporary license.

§ 1740. State license

The State Tax Department shall issue a license signed by the State Tax Commissioner, certifying that the licensee is authorized to practice medicine and surgery in this State, conformably to the laws hereof, to any person who presents to him a certificate as provided in this subchapter, and to no other person. The State Tax Department shall furnish the Medical Council a list of those holding such licenses as of March first and September first of each year.

§ 1741. Refusal to issue license or revocation of same; causes; hearing

(a) The Medical Council may refuse to issue a certificate for a license to practice medicine and surgery or may cancel or revoke a certificate issued for a license to practice medicine or surgery for the causes stated below.

(1) Material misrepresentation of fact in the application.

(2) Chronic and persistent inebriety and/or drug addiction.

(3) The practice of criminal abortion.

(4) Conviction of a crime involving moral turpitude.

(5) For publicly advertising special ability to treat or cure incurable diseases.

(6) Where any person presents to the Medical Council any diploma, license or certificate that has been illegally obtained or that has been signed or issued unlawfully or under fraudulent representations.

(b) In complaints for violating the provisions of this section, the accused person shall be furnished with a copy of the complaint and given a hearing before the Medical Council in person or by attorney.

§ 1742. Residents or internes; requirements; registration; certificate and notice to Secretary of Medical Council

(a) Physicians practicing as hospital residents or internes shall be registered with the Secretary of the Medical Council by the hospital authorities upon a form prescribed by the Medical Council and shall submit, as satisfactory evidence that they have obtained the degree of M. D. or D. 0., any of the following:

(1) License from another state; or

(2) A diploma from a medical school accredited by the

Council of Medical Education and Hospitals of the American Medical Association or by the Medical Council of Delaware.

(3) A letter from the Dean of a recognized medical or osteopathic school, stating that the degree of M. D. or D. 0. has been conferred, upon the applicant after the completion of the required course.

(b) Residents or internes upon whom the degree M. D. or D. 0. has been conferred by a legally recognized medical or osteopathic school may engage in the practice of medicine and surgery, or osteopathy in institutions, but they shall confine their activities to the hospitals with which they are connected.

(c) The Secretary of the Medical Council shall immediately notify the Executive Secretary of the State Board of Health of all such registrations granted.

§ 1743. Consulting physicians from other states not affected

The provisions of this chapter shall not apply to physicians who are practitioners of any other state coming into this State in consultation with any lawful practitioner of medicine and surgery or osteopathy in this State.

§ 1744. Temporary admission to practice

The Medical Council may, by general regulations or specific orders, issue temporary emergency certificates, said temporary certificates to be limited to 12 months duration, renewable at the discretion of the Medical Council to such physicians licensed in a state of the United States, other than Delaware, as it finds qualified to practice as such in this State during a serious public emergency so declared by the President of the United States, the Governor of the State of Delaware or at the discretion of the Medical Council. The holder of any such temporary certificate and a State license as provided for in Section 1740, may, during the term specified therein, unless sooner revoked, practice his profession within this State, subject, however, to all laws of the State, generally applicable to the practice of such profession and to such regulations, restrictions and area limitations as the Medical Council may make as to them, or any of them, and their practice within this State.

Subchapter IV. Osteopathy

§ 1751. Qualifications and fees required of applicants for examination


(a). All persons proposing to practice as osteopathic physicians in this State who on March 3, 1939 were authorized by the laws of this State to practice as osteopathic physicians may

continue in such practice without further conforming to, and notwithstanding any of the provisions of, this subchapter.

(b) All persons proposing to practice as osteopathic physicians in this State after March 3, 1939 shall be examined by the Medical Council and an osteopathic physician, who shall be designated by the Delaware State Osteopathic Society, and shall satisfy the Medical Council and associated osteopathic examiner that he--

(1) Is of good moral character;

(2) Has completed a standard four-year high school course; and

(3) Has completed two years of acceptable college work including English, physics, chemistry and biology. This requirement as to two years' college work shall only apply to applicants who enter a school or college of osteopathy after March 3, 1939.

(c) Any person who--

(1) Is holder of a degree of osteopathy granted by any legally chartered and regularly conducted school of osteopathy which maintains a course of study in hours, subjects and terms equal to the standard required for recognition by the American Osteopathic Association as accredited college;

(2) Has been in personal attendance as a student in such school or college for at least thirty-two months prior to the granting of such degree ; and

(3) Has served as an interne for a period of one year in a hospital recognized by the American Osteopathic Association or by the American Medical Association, shall be eligible to take the examination.

(d) Applicants for this examination shall pay $25 as do physicians of other schools of practice under section 1732 of this title.

§ 1752. Examination questions

The applicants to practice as osteopathic physicians shall be examined only upon such questions as shall be selected by the Medical Council and the selected Osteopathic Examiner in (1) anatomy, (2) physiology, (3) hygiene and preventive medicine, (4) chemistry, (5) surgery, (6) gynecology and obstetrics, (7) pathology, (8) practice and principles of osteopathy, (9.) practice of medicine and pediatrics, (10) diagnosis.

§ 1753. Certificate to those passing examinations

Upon successfully passing the examination, the applicant shall be entitled to receive, and shall receive, from the Medical Council, a certificate to practice as an osteopathic physician in this State.

§ 1754. State license

The State Tax Commissioner shall, upon the payment of the amount of the State license fee prescribed by law, issue to any osteopathic physician authorized by law to practice in this State and to any such person who presents to him the certificate of the Medical Council, a license signed by the State Tax Commissioner certifying that such a person is licensed to practice as an osteopathic physician in this State conformably to its law.

§ 1755. Revocation of certificate

A certificate issued to practice as an osteopathic physician may be revoked by the Medical Council for the same causes and under the same procedure as stated under section 1741 of this title.

§ 1756. Rights and privileges

Osteopathic physicians and surgeons licensed under the provisions of this chapter shall have the same rights and privileges as do other physicians and surgeons licensed under this chapter.

Subchapter V. General Provisions

§ 1761. Requirements as to certificate to practice medicine and surgery or as an osteopathic physician for those from other states

Any applicant examined and licensed by the State examining and licensing board of another state, or any applicant examined and approved by the National Board of Medical Examiners or by the National Board of Osteopathic Examiners and who also shall have engaged in active practice in the State from which he applies for a period of at least two consecutive years, upon the payment of $100 to the Treasurer of the Medical Council, and on the filing with the Secretary of the Medical Council of a copy of his license or certificate certified to by the Secretary of such Board, showing also 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, and of his affidavit as to the personality thereof, may be granted a certificate for a license to practice medicine and surgery, or to practice as an osteopathic physician, as the case may be, by the Medical Council upon the recommendation of the Board of Medical Examiners or, in proper cases, upon the recommendation of the selected associated osteopathic examiner, provided for in section 1751 of this title, without further examination by the Board or by the Medical Council and such selected associated osteopathic examiner.

§ 1762. Reports of treatment of wounds caused by firearms

Every physician attending or treating a case of bullet wounds, gunshot wounds, powder burn, or other injury arising from or caused by the discharge of a gun, pistol, or other firearm, or whenever such case is treated in a hospital, sanitarium or other institution, the manager, superintendent or other person in charge shall report such case at once to the police authorities of the city or town where such physician, hospital, sanitarium or institution is located or to the State Police. The provisions of this section shall not apply to such wounds, burns or injuries received by a member of the armed forces of the United States or the State of Delaware while engaged in the actual performance of duty.

Whoever fails to make such report shall be fined not less than $25.

§ 1763. Reports of epilepsy; limitation on use

Every physician attending or treating epilepsy shall report within one week to the Department of Motor Vehicles the names, ages and addresses of all persons treated as cases of epilepsy.

The reports shall be for the information of the Department of Motor Vehicles in enforcing the provisions of the Motor Vehicle Law. Said reports shall be kept confidential and used solely for the purpose of determining the eligibility of any person to operate a motor vehicle on the highways of this State.

A physician failing to make such a report shall be fined not less than $5, nor more than $50 and costs for each such report he fails to make.

§ 1764. Dentists not affected

This chapter shall not in any way apply to dentists or to dental surgery.

§ 1765. State revenue

Nothing contained in this chapter shall in any way interfere with the operation of the provisions of Title 29, relating to State licenses and taxes.

§ 1766. Violations and penalties

Whoever practices or attempts to practice medicine, surgery or osteopathy within this State contrary to the provisions of this chapter shall be guilty of a misdemeanor and shall be fined not less than $100 nor more than $500, or be imprisoned not more than one year. The Attorney General of the State of Delaware or his deputies shall be charged with the responsibility of enforcing the provisions of this chapter.

Approved July 1, 1955.