CHAPTER 102

FORMERLY

SENATE BILL NO. 20

AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE MEDICAL PRACTICES ACT.

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

Section I. Amend §1710, Chapter 17, Title 24 of the Delaware Code by adding a new subsection (k) which shall read as follows:

"(k) Each member of the Board shall—be reimbursed for all expenses involved in each meeting, including travel; and in addition shall receive not more than $50 for each meeting attended but not more than $500 in any calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended in that year."

Section 2. Amend §1713, Title 24 of the Delaware Code by striking said Section in its entirety and substituting in lieu thereof the following:

"§1713. Fees.

The amount to be charged for each fee imposed under this Chapter shall approximate and reasonably reflect all costs necessary to defray the expenses, as well as the proportional expenses, incurred to the Division of Professional Regulation in its service on behalf of the Board. There shall be a separate fee charged for each service or activity; but no fee shall be charged for a purpose not specified in this Chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year, the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the coming year."

Section 3. Amend Chapter 17, Title 24 of the Delaware Code by adding a new §1714, which new Section shall read as follows:

"§1714. Records.

The Division of Professional Regulation shall keep a register of all approved applications for certificates to practice medicine, licenses to practice as physician's assistants, licenses to practice respiratory therapy, and all other licenses and or certificates granted by the Board, and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board's rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.

It shall be the responsibility of all certificate holders and licensees to notify the Division of Professional Regulation of any change of address."

Section 4. Amend paragraph (1), subsection (a), §1720, Title 24 of the Delaware Code by striking said paragraph (1) and renumbering each succeeding paragraph accordingly.

Section 5. Amend §1722, Title 24 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

"§1722. Issuance and renewal of certificate to practice: registration.

(a) The Board shall issue a certificate to practice medicine in this State and a current registration to each applicant who has passed the examination required by this Chapter and who has met all the requirements of this Chapter and who pays the fee established under §1713 of this Chapter.

(b) The Division shall keep a current register of all persons authorized to practice medicine in this State and of all certificates issued under this Section. All persons issued certificates to practice medicine shall inform the Division of any change of address.

(c) Each license shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation, upon payment of the appropriate fee and submission of a renewal form provided by the Division of Professional Regulation, and proof that the licensee has met the continuing education requirements established by the Board.

(d) The Board, in its rules and regulations, shall determine the period of time within which persons authorized to practice medicine in this State may still renew their registration, notwithstanding the fact that such person has failed to renew on or before the renewal date."

Section 6. Amend paragraph (I), subsection (a), §1725, Title 24 of the Delaware Code by striking the words "of $25" and substituting the words "established by the Division of Professional Regulation" in lieu thereof.

Section 7. Amend subsection (b), §1727, Title 24 of the Delaware Code by striking the word "his" and substituting the words "his or her" in lieu thereof.

Section 8. Amend subsection (a), §1728, Title 24 of the Delaware Code by striking the word "he" and substituting the words "he or she" in lieu thereof.

Section 9. Amend subsection (a), §1728, Title 24 of the Delaware Code by striking the word "his" and substituting the words "his or her" in lieu thereof.

Section 10. Amend paragraph (7), subsection (a), § 1730, Title 24 of the Delaware Code by striking said paragraph in its entirety, and substituting the following in lieu thereof:

"(7) To issue subpoenas, compel the attendance of witnesses and to administer oaths;"

Section 11 . Amend paragraph (16), subsection (a), §1730, Title 24 of the Delaware Code by striking the sentence beginning with the words "The Board may, by regulation," and ending with the words "registration of physicians' assistants." and substituting the following in lieu thereof: The Division of Professional Regulation shall establish fees for registering physician's assistants and renewing the registration of physician's assistants on a biennial basis. Such fees charged shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in administering the regulation and registration of physician's assistants."

Section 12. Amend subsection (a), §1731, Title 24 of the Delaware Code by striking the word "his" as the same appears in said subsection, and substituting the words "his or her" in lieu thereof.

Section 13. Amend paragraph (10), subsection (b), §1731, Title 24 of the Delaware Code by striking the word "his" and substituting the words "his or her" in lieu thereof.

Section 14. Amend paragraph (16), subsection (b), §1731, Title 24 of the Delaware Code by striking the word "him" and substituting the words "him or her" in lieu thereof.

Section 15. Amend §1731A., Title 24 of the Delaware Code by adding a new subsection (h) which shall read as follows:

"(h) Upon a determination that an investigation is necessary, the Executive Director with the approval of the assisting Board members, who shall be a physician and a public member whenever the investigation relates to the quality of medical care provided by a physician or to the competency of the physician under investigation to engage safely in the practice of medicine and surgery, shall have the authority, as a part of the investigation, to inquire from any organization which undertakes physician peer review or physician quality assurance evaluations whether or not there has been any peer review, quality assurance or similar process instituted involving the physician or physicians under investigation that has resulted in any action. If such an action has resulted, a subpoena may issue for a list of the medical records reviewed by the peer review process and for a list of the quality assurance indicators and or other issues which were the basis for such review. The list of medical records produced shall identify each record with a unique medical identifier and not the patient name. If necessary thereafter, the Executive Director may by subpoena compel the production of the medical records relevant to the action. However, the hospital, organization or institution shall remove specific patient identifying information from such records prior to complying with such subpoena. If, after having reviewed the results of compliance with such a subpoena, it is deemed necessary by the physician Board member and public Board member, the Executive Director may by subpoena compel the production of the patient name from the physician. No person, hospital, organization or institution furnishing information to the Board pursuant to such subpoena with respect to any patient shall be reason of furnishing such information be liable in damages to any person or subject to any other recourse, civil or criminal."

Section 16. Amend § 1732, Title 24 of the Delaware Code by striking the word "his" wherever it occurs in said Section, and substituting the words "his or her" in lieu thereof.

Section 17. Amend subsection (c), § 1732, Title.24 of the Delaware Code by striking the word "he" and substituting the words he or she in lieu thereof.

Section 18. Amend subsection (c), §1732, Title 24 of the Delaware Code by striking the word "him" and substituting the words "him or her in lieu thereof.

Section 19. Amend § 1732, Title 24 of the Delaware Code by adding a new subsection (d) which shall read as follows:

"(d) The Executive Director, on behalf of the Board, and to assist him or her in his or her investigation of alleged unprofessional conduct, medical malpractice, or inability to practice medicine, shall have the authority to subpoena patient medical records of and patient medical records reviewed by all Delaware hospitals, organizations, and health care institutions quality assurance, peer review or other similar committees including such records of the Delaware Medical Society and its Committees. Such subpoena shall be subject to § 1731 A.(h), Title 24 of the Delaware Code."

Section 20. Amend § 1733, Title 24 of the Delaware Code by striking the word "his" wherever it occurs in said Section, and substituting in lieu thereof the words "his or her".

Section 21. Amend §1734, Title 24 of the Delaware Code by striking the words "his", "he" wherever they occur in said Section, and substituting in lieu thereof the words "his or her", "he or she".

Section 22. Amend §1735, Title 24 of the Delaware Code by striking the word "him" as the same occurs in said Section and substituting in lieu thereof the words "him or her".

Section 23. Amend §1735, Title 24 of the Delaware Code by striking the word "him" as the same occurs in said Section and substituting in lieu thereof the words "him or her".

Section 24. Amend §1738, Title 24 of the Delaware Code by striking the word "his" as the same occurs in said Section and substituting in lieu thereof the words "his or her".

Section 25. Amend subsection (b), §1768, Title 24 of the Delaware Code by adding the following sentence at the end of said subsection:

"This Section shall not be construed to create any type of privilege or right to refuse to honor a subpoena issued by or on behalf of the Board of Medical Practice pursuant to §1731A.,(11), Title 24 of the Delaware Code."

Section 26. Amend subsection (c), §1770A., Title 24 of the Delaware Code by striking said subsection in its entirety and renumbering each succeeding subsection accordingly.

Approved June 30, 1997