CHAPTER 331

FORMERLY

HOUSE BILL NO. 726

AS AMENDED BY HOUSE AMENDMENT NO.

AN ACT TO AMEND CHAPTER 7, TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF CHIROPRACTIC.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three fifths of all members elected to each House concurring therein):

Section 1. Amend Section 703(a). Chapter 7, Title 24 of the Delaware Code, by striking the term "Secretary- Treasurer" as it appears therein, and by substituting in lieu thereof the term "Secretary".

Section 2. Amend Section 703(b), Chapter 7, Title 24 of the Delaware Code, by striking said section in its entirety and by substituting in lieu thereof the following:

"(b) The Board shall hold a regularly scheduled business meeting at least once in each quarter of a calendar year and at such other times as the President deems necessary. or at the request of a majority of Board members."

Section 3. Amend Section 704(b), Chapter 7, Title 24 of the Delaware Code, by striking the phrase ", within 1 week after receipt of the complaint," from said section.

Section 4. Amend Section 705(a). Chapter 7, Title 24 of the Delaware Code, by striking the period (.) at the end of the third sentence of said section and by inserting in lieu thereof the following:

"unless circumstances surrounding the complaint warrant a lengthier investigation."

Section 5. Amend Section 705(b), Chapter 7, Title 24 of the Delaware Code, by striking the last two sentences of said section and by substituting in lieu thereof the following:

"A copy of the decision shall be mailed immediately to the complainant, and to the practitioner. The Board's decision shall become effective on the 30th day after the date it Is mailed or served on the practitioner, unless there is an appeal to the Superior Court within that time."

Section 6. Amend Section 705(c). Chapter 7, Title 24 of the Delaware Code, by striking said section in its entirety and by substituting in lieu thereof the following:

"(c) Where either the complainant or the practitioner is in disagreement with the action of the Board, either person may appeal the Board's decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the Board's decision. Upon such appeal, the Court shall hear the evidence de novo, and the filing of an appeal shall act as a stay of the Board's decision, pending final determination of the appeal."

Section 7. Amend Section 707(a)(2) by striking said paragraph in its entirety and by substituting in lieu thereof the following:

"(2) He shall not have been professionally penalized or convicted of drug addition, convicted of unlawfully prescribing drugs, convicted of willfully violating the confidence of a patient, nor have been professionally penalized or convicted of fraud."

Section 8. Amend §708, Chapter 7, Title 24 of the Delaware Code, by striking Sections 708(a). (b) and (c) in their entirety and by substituting in lieu thereof the following:

"(a) All applicants must provide proof satisfactory to the Board that they have successfully passed the examination administered on a national basis.

(b) Upon submission of satisfactory proof that they have successfully completed the national examination, applicants shall then submit to a clinical examination admhdstered by the Board on subjects usually taught by fully accredited chiropractic schools and colleges. Said examination shall be designed to ascertain whether the applicant is qualified to practice chiropractic and may cover subjects such as X-ray, anatomy, nutrition, physicology, symptomatology. chiropractic orthopedy, principles of chiropractic and adjusting, nerve tracing, chemistry, hygiene, bacteriology, chiropractic analysis and drugless therapy u taught by fully accredited chiropractic schools and colleges."

Section 9. Amend 5708, Chapter 7, Title 24 of the Delaware Code by redesignating Sections 708(d)

through (h) as Sections 708(c) through (g) respectively.

Section 10. Amend §709, Chapter 7, Title 24 of the Delaware Code, by striking the period (.) at the end of the first sentence of said section and by substituting in lieu thereof the following:

": provided, however, that the application fee and the license renewal fee to be charged shall be no less than $200 for each fee."

Section 11. Amend Section 710(a), Chapter 7, Title 24 of the Delaware Code, by striking the word "written" as it appears in the first sentence of said section and by substituting in lieu thereof the word "clinical".

Section 12. Amend §710(b). Chapter 7, Title 24 of the Delaware Code, by striking the first sentence of said section and by substituting in lieu thereof the following:

"Upon payment of the renewal fee and upon submission of proof of satisfactory completion of continuing education requirements, each license shall be renewed biennially in such manner as is determined by the Division of Business and Occupational Regulation."

Section 13. Amend 5711, Chapter 7, Title 24 of the Delaware Code, by striking the first sentence of said section and by substituting in lieu thereof the following:

"An applicant for a license to practice chiropractic in this State based upon reciprocity must produce evidence that the person has graduated from an accredited or Board- approved school of chiropractic and has practiced or is practicing chiropractic in another state, and has successfully completed clinical sections of the national examination or a clinical competency test administered by the Board."

Section 14. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

Approved June 27, 1986.