CHAPTER 71

FORMERLY

HOUSE BILL NO. 95

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 26, TITLE 24 OF THE DELAWARE CODE RELATING TO THE REGULATION OF PHYSICAL THERAPISTS AND ATHLETIC TRAINERS.

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 Section 2604, Chapter 26, Title 24 of the Delaware Code by adding a new subsection (12) which shall read as follows:

"(12) Issue cease and desist orders after a hearing conducted in accordance with this Chapter and the Administrative Procedures Act."

Section 2. Amend Section 2616, Chapter 26, Title 24 of the Delaware Code

by striking subsection (c) in its entirety and renumbering present subsection (d) as new subsection (c).

Section 3. Amend Chapter 26, Title 24 of the Delaware Code by adding a

new Section 2618 which shall read as follows:

"Section 2618. Penalties and Jurisdiction.

(a) Where the Board has determined that a person is engaged in a practice regulated by this Chapter without having lawfully obtained a license or registration, or that a person previously licensed or registered under this Chapter, is engaged in a practice regulated by this Chapter notwithstanding that his license or registration has been suspended or revoked, the Board shall make complaint to the Attorney General and may issue a cease and desist order. The complaint and/or order shall include all evidence known to or in the possession of the Board.

(b) Whoever violates this Chapter or a cease and desist order issued by the Board shall be fined not less than $100 nor more than $1,000. Each day a violation continues shall constitute a separate offense.

(c) Justices of the Peace in the County in which the offense is alleged to have occurred shall have jurisdiction over any violation of this Chapter.

Any person convicted of any such offense before a Justice of the Peace or in any Court of competent jurisdiction, other than the Superior Court, may appeal to the Superior Court in the County in which the conviction was had upon giving bond in the sum of $200 to this State with surety satisfactory to such Justice or trial court, provided, however, that the appeal is taken and bond given within 7 days from the time of the conviction.

(d) A violation of this Chapter shall be cause for revocation of any license issued thereunder, notwithstanding that the same violation may constitute a misdemeanor or felony."

Approved June 28, 1991