§ 501. | § 502. | § 503. | § 504. | § 505. | § 506. | §§ 1,
The primary objective of the Board of Podiatry, to which all other objectives
and purposes are secondary, is to protect the general public, specifically
those persons who are the direct recipients of services regulated by this
chapter, from unsafe practices and from occupational practices that tend to
reduce competition or fix the price of services rendered.
The secondary objectives of the Board are to maintain minimum standards of
practitioner competency and to maintain certain standards in the delivery of
services to the public. In meeting its objectives, the Board shall develop
standards assuring professional competence, shall monitor complaints brought
against practitioners regulated by the Board, shall adjudicate at formal
hearings, shall promulgate rules and regulations, and shall impose sanctions
where necessary against licensed practitioners.
(64 Del. Laws, c. 39, § 1; 72 Del. Laws, c. 213, § 1.)
The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them under this section, except where the context
clearly indicates a different meaning:
(1) "Board" shall mean the State Board of Podiatry established in this
chapter.
(2) "Diagnosis" shall mean the ascertainment of a disease or ailment by its
general symptoms.
(3) "Division" shall mean the State Division of Professional Regulation.
(4) "Electrical treatment" shall mean the administration of electricity to the
foot and ankle by means of electrodes, machinery, rays and the like.
(5) "Excessive use or abuse of drugs" shall mean any use of narcotics,
controlled substances or illegal drugs without a prescription from a licensed
physician or the abuse of alcoholic beverages such that it impairs a person's
ability to perform the work of a podiatrist.
(6) "Manipulative treatment" shall mean the use of the hand or machinery in
the operation of or working upon the foot and its articulations.
(7) "Mechanical treatment" shall mean the application of any mechanical
appliance made of steel, leather, felt or any material to the foot or the shoe
for the purpose of treating any disease, deformity or ailment.
(8) "Medical treatment" shall mean the application to or prescription for the
foot and ankle of medicine, pads, adhesives, felt, plasters or any medicinal
agency.
(9) "Podiatrist" shall mean a person who is qualified to practice podiatry and
is licensed under this chapter.
(10) "Practice of podiatry" shall mean the diagnosis and the medical,
surgical, mechanical, manipulative and electrical treatment of all ailments of
the foot and ankle. Amputation of the foot shall be restricted to state
licensed podiatrists who have completed an American Podiatric Medical
Association accredited surgical residency program acceptable to the Board and
have current amputation privileges, or have fulfilled the credentialing
criteria of the surgical committee of the Joint Committee on Accreditation of
Hospitals accredited hospital where the amputation is to be performed.
(11) "State" shall mean the State of Delaware.
(12) "Substantially related" means the nature of the criminal conduct, for
which the person was convicted, has a direct bearing on the fitness or ability
to perform 1 or more of the duties or responsibilities necessarily related to
podiatry.
(13) "Surgical treatment" shall mean the use of any cutting instrument to
treat a disease, ailment or condition.
(33 Del. Laws, c. 66, § 2; 40 Del. Laws, c. 108, § 2; Code 1935, § 5385; 24
Del. C. 1953, § 501; 53 Del. Laws, c. 315, § 1; 61 Del. Laws, c. 356, § 1; 64
Del. Laws, c. 39, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 213, § 1;
74 Del. Laws, c. 262, § 12.)
§ 503. Board of Podiatry; appointments; composition; qualifications; term;
vacancies; suspension or removal; unexcused absences; compensation.
(a) There is created a State Board of Podiatry that shall administer and
enforce this chapter.
(b) The Board shall consist of 5 members, appointed by the Governor, who are
residents of this State: Three shall be podiatrists licensed under this
chapter and 2 shall be public members. The public members shall not be, nor
ever have been, podiatrists, nor members of the immediate family of a
podiatrist; shall not have been employed by a podiatrist or a company engaged
in the practice of podiatry; shall not have a material interest in the
providing of goods and services to podiatrists; nor have been engaged in an
activity directly related to podiatry. The public members shall be accessible
to inquiries, comments and suggestions from the general public.
(c) Except as provided in subsection (d) of this section, each member shall
serve a term of 3 years, and may succeed himself or herself for 1 additional
term; provided, however, that where a member was initially appointed to fill a
vacancy, such member may succeed himself or herself for only 1 additional
full term. Any person appointed to fill a vacancy on the Board shall hold
office for the remainder of the unexpired term of the former member. Each term
of office shall expire on the date specified in the appointment; however, the
Board member shall remain eligible to participate in Board proceedings unless
or until replaced by the Governor. Persons who are members of the Board on
July 20, 1999, shall complete their terms.
(d) A person who has never served on the Board may be appointed to the Board
for 2 consecutive terms, but no such person shall thereafter be eligible for 2
consecutive appointments. No person who has been twice appointed to the Board
or who has served on the Board for 6 years within any 9-year period shall
again be appointed to the Board until an interim period of at least 1 term has
expired since such person last served.
(e) Any act or vote by a person appointed in violation of this section shall
be invalid. An amendment or revision of this chapter is not sufficient cause
for any appointment or attempted appointment in violation of subsection (d) of
this section, unless such an amendment or revision amends this section to
permit such an appointment.
(f) A member of the Board shall be suspended or removed by the Governor for
misfeasance, nonfeasance, malfeasance, misconduct, incompetency or neglect of
duty. A member subject to disciplinary hearing shall be disqualified from
Board business until the charge is adjudicated or the matter is otherwise
concluded. A Board member may appeal any suspension or removal to the Superior
Court.
(g) No member of the Board, while serving on the Board, shall hold elective
office in any professional association of podiatrists; this includes a
prohibition against serving as head of the professional association's
Political Action Committee (PAC).
(h) The provisions set forth in Chapter 58 of Title 29 shall apply to all
members of the Board.
(i) Any member who is absent without adequate reason for 3 consecutive
meetings or fails to attend at least half of all regular business meetings
during any calendar year shall be guilty of neglect of duty.
(j) Each member of the Board shall be reimbursed for all expenses involved in
each meeting, including travel, according to Division of Professional
Regulation policy, 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.
(33 Del. Laws, c. 66, §§ 3, 14; 40 Del. Laws, c. 108, §§ 3, 17; Code 1935, §§
5386, 5398; 42 Del. Laws, c. 159, § 1; 24 Del. C. 1953, §§ 502, 503; 53 Del.
Laws, c. 315, § 1; 61 Del. Laws, c. 356, § 1; 64 Del. Laws, c. 39, § 1; 67
Del. Laws, c. 368, § 4; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 213, § 1.)
§ 504. Organization; meetings; officers; quorum.
(a) The Board shall hold regularly scheduled business meetings at least once
in each quarter of a calendar year and at such times as the President deems
necessary, or at the request of a majority of the Board members.
(b) The Board annually shall elect a president and secretary. Each officer
shall serve for 1 year, and shall not succeed himself or herself for more than
2 consecutive terms.
(c) A majority of the members shall constitute a quorum for the purpose of
transacting business, and no disciplinary action shall be taken without the
affirmative vote of at least 3 members.
(d) Minutes of all meetings shall be recorded, and the Division of
Professional Regulation shall maintain copies. At any hearing where evidence
is presented, a record from which a verbatim transcript can be prepared shall
be made. The expense of preparing any transcript shall be incurred by the
person requesting it.
(33 Del. Laws, c. 66, § 3; 40 Del. Laws, c. 108, § 3; Code 1935, § 5386; 42
Del. Laws, c. 159, § 1; 24 Del. C. 1953, § 502; 53 Del. Laws, c. 315, § 1; 61
Del. Laws, c. 356, § 1; 64 Del. Laws, c. 39, § 1; 65 Del. Laws, c. 355, § 1;
70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 213, § 1.)
The Division of Professional Regulation shall keep a register of all approved
applications for license as a podiatrist 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.
(72 Del. Laws, c. 213, § 1.)
§ 506. Powers and duties; immunity.
(a) The Board of Podiatry shall have authority to:
(1) Formulate rules and regulations with appropriate notice to those affected;
all rules and regulations shall be promulgated in accordance with the
procedures specified in the Administrative Procedures Act ›Chapter 101 of
Title 29| of this State. Each rule or regulation shall implement or clarify a
specific section of this chapter.
(2) Designate the application form to be used by all applicants and to process
all applications.
(3) Designate the written, standardized examination on podiatry administered
by the National Board of Podiatric Medical Examiners (NBPME) and the Podiatric
Medical Licensing Examination for States (PMLEXIS), to be taken by all
persons applying for licensure.
(4) Evaluate the credentials of all persons applying for a license to practice
podiatry in this State, in order to determine whether such persons meet the
qualifications for licensing set forth in this chapter.
(5) Grant licenses to and renew licenses of all persons who meet the
qualifications for licensure, including those persons who apply for temporary
licensure.
(6) Establish by rule and regulation continuing education standards required
for license renewal.
(7) Evaluate certified records to determine whether an applicant for licensure
who previously has been licensed, certified or registered in another
jurisdiction has engaged in any act or offense that would be grounds for
disciplinary action under this chapter and whether there are disciplinary
proceedings or unresolved complaints pending against such applicant for such
acts or offenses.
(8) Refer all complaints from licensees and the public concerning licensed
podiatrists or concerning practices of the Board or of the profession to the
Division for investigation pursuant to § 8735 of Title 29 and assign a member
of the Board to assist the Division in an advisory capacity with the
investigation of the technical aspects of the complaint.
(9) Conduct hearings and issue orders in accordance with procedures
established pursuant to Chapter 101 of Title 29.
(10) Where it has been determined after a hearing that penalties or sanctions
should be imposed, to designate and impose the appropriate sanction or penalty
after time for appeal has lapsed.
(b) The members of the Board shall not be subject to and shall be immune from
claims, suit, liability, damages or any other recourse, civil or criminal,
arising from any act, proceeding, decision or determination undertaken or
performed, or recommendation made, so long as such member of the Board acted
in good faith and without malice in carrying out the responsibilities,
authority, duties, powers and privileges of the offices conferred by law upon
them under this chapter, or any other provisions of the Delaware or federal
law or rules or regulations or duly adopted rule or regulation of the Board.
Good faith is presumed unless otherwise proven, and malice is required to be
proven by the complainant.
(c) No member of the Board shall in any manner whatsoever discriminate against
any applicant or person holding or applying for a certificate to practice
podiatric medicine by reason of sex, race, color, creed or national origin.
(d) No member shall participate in any action of the Board involving directly
or indirectly any person related in any way by blood or marriage to said
member.
(e) The Board of Podiatry shall promulgate regulations specifically
identifying those crimes which are substantially related to the practice of
podiatry.
(61 Del. Laws, c. 356, § 1; 64 Del. Laws, c. 39, § 1; 67 Del. Laws, c. 212,
§§ 1, 2; 72 Del. Laws, c. 213, § 1; 74 Del. Laws, c. 262, § 13.)
NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 421, effective August 21, 2008.
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