CHAPTER 417

FORMERLY

HOUSE BILL NO. 1073

AN ACT TO AMEND CHAPTER 17, TITLE 29, DELAWARE CODE, RELATING TO PHYSICIANS LICENSED BY THE STATE OF DELAWARE:

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

Section 1. Amend 51702, Subchapter I, Chapter 17, Title 29, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new section 1702 to read as follows:

"§1702. License Requirements for Practice of Medicine

No person shall practice medicine in this State without having first obtained from the Board of Medical Practice a certificate to practice medicine and a current active registration therefor as provided in this Chapter."

Section 2. Amend §1722, Subchapter IN, Chapter 17, Title 29, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new section 1722 to read as follows:

"§1722. Certificate to Practice; Resignation; Annual Renewal of Registration; Fees Therefor

(a) The Secretary of the Board shall issue to each applicant who shall have successfully passed the examination a notice to that effect. Upon payment of the full examination fee by such applicant to the Board, the Board shall forthwith issue to such applicant a certificate stating that such applicant is authorized to practice medicine in this State (hereinafter referred to as 'certificate to practice medicine') and a current registration form (hereinafter referred to as 'registration'), said registration to be designated as active or inactive. An inactive registration shall be issued only to an applicant who has failed to demonstrate to the Board's satisfaction that the applicant has formalized plans to actively practice medicine in this State in the near future. Active registrations shall be issued to all other successful applicants who have paid the full examination fee.

(b) The Board shall keep a current register of all persons authorized to practice medicine in this State and of all certificates issued by it under this section. All persons to whom the Board has issued certificates to practice medicine shall inform the Board of any change of business address.

(c) Each person to whom a certificate to practice medicine in this State has been granted shall be issued a current registration at intervals established pursuant to Section 8803(10) of Title 29 upon payment to the Board of the biennial renewal fee established by the Board. Said current registration is to be designated as active or inactive. Any person to whom the Board has issued a certificate to practice medicine and to whom an active registration has been issued, who has not actively practiced medicine in the State of Delaware for a continuous period of two or more years shall be issued an inactive registration.

No person to whom an inactive registration has been issued shall be eligible to actively practice medicine in the State of Delaware until the Board has Issued to him an active registration. Physicians to whom an inactive registration to practice medicine has been Issued and who desire to actively practice medicine in the State of Delaware shall complete an application for an active registration as specified by the Board. A special reapplication fee shall be established by the Board of Medical Practice and charged to any person who holds an inactive registration and who has requested to be issued an active registration. Such fee shall be separate and apart from the usual renewal fee for registration. The Board shall review said application to determine whether such person remains fit and qualified to practice medicine in the State of Delaware. A person to whom an inactive registration has been issued and who has requested the Board to issue him an active registration may be required to appear personally before the Board or designated members of the Board to answer any questions regarding his fitness and qualifications to practice medicine in the State of Delaware. Persons who have been issued an inactive registration and who have requested to be issued an active registration may be required to Inform the Board of their continuing education, type of practice, previous and present location to practice, hospital affiliation, medical and osteopathic society memberships, impairment of physical or mental health, malpractice claims pending or settled, criminal convictions, drug and alcohol abuse, or any other Information the Board may feel is necessary to evaluate the fitness and qualifications of those persons to actively practice medicine in the State of Delaware.

if, upon reviewing the application of a person who has requested to be issued an active registration, the Board determines that there is reason to believe that such person has engaged in unprofessional conduct as that term is defined in Section 1731(3) of this Chapter or is unable to practice medicine or surgery with reasonable skill and safety by reason of those infirmities listed in Section 1731(c) of this Chapter, the Board shall not issue an active certificate to practice medicine to such person until such time as the Board has conducted a hearing pursuant to the provisions of Section 1734 of this Chapter. If, as a result of that hearing, the Board determines that such person has engaged in unprofessional conduct, as that term is defined in Section 1731(b) of this Chapter or is unable to practice medicine and surgery with reasonable skill and safety becuase of infirmities listed in Section 1731(c) of this Chapter, the Board shall refuse to issue an active registration to such person and/or may revoke or suspend such, person's certificate to practice medicine or otherwise discipline such person pursuant to Section 1735 of this Chapter.

Section 3. Amend §1714, Subchapter III, Chapter 17, Title 24, Delaware Code by striking the words "current certificate to practice medicine" as the same appears in the first sentence of said section and inserting in lieu thereof the words "current registration" and further striking the words "current temporary certificate to practice medicine" as they appear in the second sentence and inserting in lieu thereof the words "current registration".

Approved July 11, 1980.