CHAPTER 125

FORMERLY

SENATE BILL NO. 161

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 :

Section 1. Amend paragraph (3), subsection (a), §706, Title 24 of the Delaware Code by striking said paragraph in its entirety and substituting the following in lieu thereof:

“(3) Grant licenses to, and renew licenses of, all persons who meet the qualifications for licensure;”

Section 2. Amend paragraph (5), subsection (a), §706, Title 24 of the Delaware Code by striking said paragraph in its entirety and by renumbering each succeeding paragraph accordingly.

Section 3. Amend §707, Title 24 of the Delaware Code by striking said section in its entirety and by substituting the following in lieu thereof:

Ҥ707. Qualifications of applicant; report to Attorney General; judicial review.

(a) An applicant who is applying for licensure as a doctor of chiropractic under this Chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:

(1) Has received a degree of ‘Doctor of Chiropractic’ from a school or college fully accredited by an accrediting agency recognized by the U.S. Department of Education;

(2) Shall provide proof satisfactory to the Board that he or she has successfully passed Parts I, II, III, IV and the physiotherapy section of the National Board of Chiropractic Examiners’ examination;

(3) Shall not have been the recipient of any administrative penalties regarding his or her practice of chiropractic, including but not limited to fines, formal reprimands, license suspensions or revocation, (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has not entered into any ‘consent agreements’ which contain conditions placed by a Board on his or her professional conduct and practice, including any voluntary surrender of a license. The Board may determine, after a hearing, whether such administrative penalty is grounds to deny licensure.

(4) Shall not have any impairment related to drugs, alcohol, or a finding or mental incompetence by a physician that would limit the applicant’s ability to undertake the practice of chiropractic in a manner consistent with the safety of the public;

(5) Shall not have been convicted of a felony;

(6) Shall not have a criminal conviction record, nor pending criminal charge relating to an offense, the circumstances of which substantially relate to the practice of chiropractic. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the record or charge is substantially related to the practice of chiropractic.

(b) An applicant, who has received a degree of ‘Doctor of Chiropractic’ or its equivalent from a foreign school, college, or university, shall submit a certified copy of his or her school, college or university record for evaluation by the Board.

(b) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.

(c) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for him or her than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.”

Section 4. Amend subsection (a), §710, Title 24 of the Delaware Code by striking the words “who has passed the clinical examination” as the same appear in said subsection.

Section 5. Amend §711, Title 24 of the Delaware Code by striking said section in its entirety and by substituting the following in lieu thereof:

Ҥ711. Reciprocity.

(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant, who shall present proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States, whose standards for licensure are substantially similar to those of this State.

(b) An applicant, who is currently licensed in another state, the District of Columbia, or territory of the United States, whose standards for licensure are not substantially similar to those of this State, shall present proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States, and in addition the applicant shall meet one of the following criteria:

(1) Shall have graduated from an accredited, or Board-approved school of chiropractic after July 1, 1997, and shall provide documentation of successful completion of Parts I, II, II, IV and the physiotherapy section of the National Board of Chiropractic Examiners’ examination; or,

(2) Shall have graduated from an accredited, or Board-approved school of chiropractic, prior to July 1, 1997, but after January 31, 1991, and shall provide documentation of successful completion of Parts I, II, III of the National Board of Chiropractic Examiners’ examination; or,

(3) Shall have graduated from an accredited, or Board-approved school of chiropractic, prior to January 31, 1991, and shall provide documentation of successful completion of Parts, I, II, III of the National Board of Chiropractic Examiners’ examination; or Parts I and II of the National Board of Chiropractic Examiners’ examination and the Special Purpose Examination for Chiropractic (SPEC) approved by the National Board of Chiropractic Examiners.

(c) Notwithstanding the provisions of paragraphs (1), (2), or (3) of subsection (b) of this section, if the applicant has successfully passed those examinations that were available at the time of the applicant's graduation from a Board-approved school of chiropractic and application for original licensure, the Board shall accept proof of successful completion of those examinations in lieu of the provisions of paragraphs (1), (2), or (3) of subsection (b) of this section.

(d) For all applicants licensure in good standing is defined in §707(a)(3), (4), (5), and (6) of this Chapter. The applicant is responsible for providing proof of licensure in good standing in all states in which he or she is or has been licensed.”

Section 6. Amend §708, Tile 24 of the Delaware Code by striking said §708 in its entirety and by renumbering each succeeding section accordingly.

Approved July 02,1999