CHAPTER 159

FORMERLY

HOUSE BILL NO. 252

AS AMENDED BY HOUSE AMENDMENT NO. 1

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 (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 17, Title 24, Delaware Code by adding a new section to read as follows:

"1731A. Duty to Report.

(a) Any person should be permitted to report to the Board in writing any information he or she has reason to believe indicates a medical licensee is or may be medically incompetent, guilty of unprofessional conduct, or mentally or physically unable to engage safely in the practice of medicine. The following shall report such information to the Board in writing within thirty days of becoming aware of such information:

1. all physicians licensed under the act;

2. all licensed health care providers;

3. the state medical association and its components;

4. all health care institutions in the state;

5. all state agencies;

6. all law enforcement agencies in the state.

(b) A medical licensee's voluntary resignation from the staff of a health care institution or voluntary limitation of his or her staff privileges or failure to reapply for hospital privileges at such an institution should be promptly reported to the Board by the institution and the licensee if that action occurs while the licensee is under formal or informal investigation by the institution or a committee thereof for any reason related to possible medical incompetence, unprofessional conduct, or mental or physical impairment.

(c) Malpractice insurance carriers and affected licensees shall file with the Board a report of each final judgment, settlement, or award against insured licensees. Licensees not covered by malpractice insurance carriers shall file the same information with the Board regarding themselves. All such reports shall be Wade to the Board within thirty days.

(d) Upon receiving reports concerning a licensee, or on its own motion, the Board shall investigate any evidence that appears to show a licensee is or may be medically incompetent, guilty of unprofessional conduct, or mentally or physically unable to engage safely in the practice of medicine.

(e) Any person, institution, agency, or organization required to report under this provision of the medical practice act who does so in good faith shall not be subject to civil damages or criminal prosecution for so reporting.

(f) The Board should promptly acknowledge all reports received under this section. Persons or entities reporting under this section shall be promptly informed of the Board's final disposition of the matters reported.

(g) Whoever violates this section shall be fined not less than $50 nor more than $250."

Approved February 2, 1990.