CHAPTER 68

FORMERLY

HOUSE BILL NO. 92

AS AMENDED BY

SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 17, TITLE 24, DELAWARE CODE RELATING TO THE MEDICAL PRACTICES ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section. Amend §1712 of Chapter 17, Title 24, Delaware Code by striking said section in its entirety and substituting in lieu thereof a new §1712 to read as follows:

"§1712. Quorum

(a) Seven (7) members of the Board entitled to vote shall constitute a quorum for the transaction of business. A majority of the quorum present and voting, but not less than five (5) affirmative votes shall be required to trans act business as otherwise provided by this Chapter.

(b) Notwithstanding any other provision of this Chapter, the affirmative vote of eight (8) members of the Board entitled to vote, taken at the meeting at which a quorum is present, shall be required to adopt any regulation which could deprive a physician of his license or to take disciplinary action against any person."

Section 2. Amend §1703 (d) (3) of Chapter 17, Title 24, Delaware Code by striking the period "." immediately after the word "nurses" and adding thereto the following: "licensed or registered according to law and acting within the scope of the activity for which they are licensed or registered."

Section 3. Amend §1703 (f), Chapter 17, Title 24, Delaware Code by inserting immediately after the word "met" and before the word "by" the word "only".

Section 4. Amend §1727 of Chapter 17, Title 24, Delaware Code by striking the section heading in its entirety and substituting a new section heading to read as follows: "Temporary Certificates".

Section 5. Amend §1727 of Chapter 17, Title 24, Delaware Code by designating all of the existing paragraph as paragraph

(a) and inserting a new paragraph to be designated as paragraph

(b) to read as follows:

"The Board may issue temporary certificates to practice medicine for a period of time not to exceed three (3) months to persons otherwise qualified to practice medicine, who have made application for a permanent license while such application for permanent licensure is pending. The holder of any such temporary certificate, when licensed by the Director of Revenue as provided in §1724 of this Chapter, may, during the time specified therein, unless sooner revoked, practice medicine in this State, subject to all the laws of this State, and to such regulations, restrictions, as the.Board may make. In issuing such a temporary certificate, the Board may make such regulations or restrictions as it deems best, including, but not limited to, area limitations on the practice of the holder of a temporary certificate and the nature of his practice within the State."

Section 6. Amend §1735 (c) of Chapter 17, Title 24, Delaware Code by striking the figure "9" as it appears in the first sentence of said subsection (c) and inserting in lieu thereof the figure "8".

Section 7. Amend §1734 (d) of Chapter 17, Title 24, Delaware Code by striking the figure "9" wherever it appears in subsection (d) and inserting in lieu thereof the figure "8".

Approved June 6, 1977.