§ 507. | § 508. | § 509. | § 1; | § 510. | § 511. | § 512. | § 513. | § 1; | § 514. | § 515. | § 516. | §§ 5393, | § 517. | § 518. | § 518A.
(a) No person shall engage in the practice of podiatry or hold himself or
herself out to the public in this State as being qualified to practice
podiatry; or use in connection with that person's name, or otherwise assume or
use, any title or description conveying or tending to convey the impression
that the person is qualified to practice podiatry, unless such person has been
duly licensed under this chapter.
(b) Whenever a license to practice as a podiatrist in this State has expired
or been suspended or revoked, it shall be unlawful for the person to practice
podiatry in this State.
(64 Del. Laws, c. 39, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 213, §
1.)
§ 508. Qualifications of applicant; report to Attorney General; judicial
review.
(a) An applicant who is applying for licensure as a podiatrist 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 Podiatric Medicine" or its equivalent
from a college or school approved by the Council on Podiatric Education of the
American Podiatric Medical Association, or the successor of such Council.
(2) Has satisfactorily completed a hospital residency program approved by the
American Podiatric Medical Association (APMA) or a preceptorship in the office
of a licensed podiatrist in this State, for a period of 1 year.
(3) Has satisfactorily completed the Podiatric Medical Licensing Examination
for States (PMLEXIS); the minimum passing score shall be that score
recommended by the testing service providing the examination.
(4) Shall not have been the recipient of any administrative penalties
regarding the applicant's practice of podiatry, 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 the applicant's 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.
(5) Shall not have any impairment related to drugs, alcohol or a finding of
mental incompetence by a physician that would limit the applicant's ability to
undertake the practice of podiatry in a manner consistent with the safety of
the public.
(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 podiatry. Applicants who have criminal conviction records or
pending criminal charges shall request 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 podiatry. After a hearing,
the Board, by an affirmative vote of a majority of the quorum, may waive this
paragraph (a)(6) of this section, if it finds all of the following:
a. More than 5 years have elapsed since the applicant has fully discharged all
imposed sentences. As used herein, the term "sentence" includes, but is not
limited to, all periods of modification of a sentence, probation, parole or
suspension. However, sentence does not include fines, restitution or community
service, as long as the applicant is in substantial compliance with such
fines, restitution and community service.
b. The applicant is capable of practicing podiatry in a competent and
professional manner.
c. The granting of the waiver will not endanger the public health, safety or
welfare.
(7) Has not engaged in any of the acts or offenses that would be grounds for
disciplinary action under this chapter, and has no disciplinary proceedings or
unresolved complaints pending against the applicant in any jurisdiction where
the applicant has previously been or currently is licensed.
(b) Where the Board has found to its satisfaction that an applicant has been
intentionally fraudulent, or that the applicant has supplied false
information, the Board 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 the applicant 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.
(33 Del. Laws, c. 66, § 9; 40 Del. Laws, c. 108, § 4; Code 1935, § 5387; 42
Del. Laws, c. 160, § 1; 24 Del. C. 1953, § 504; 53 Del. Laws, c. 108, § 4; 53
Del. Laws, c. 315, § 1; 58 Del. Laws, c. 511, § 51; 61 Del. Laws, c. 356, § 1;
64 Del. Laws, c. 39, § 1; 67 Del. Laws, c. 212, § 3; 70 Del. Laws, c. 186, §
1; 72 Del. Laws, c. 213, § 1; 74 Del. Laws, c. 262, § 14; 75 Del. Laws, c.
436, § 4.)
In the event an applicant for licensure has not successfully completed the
PMLEXIS examination, or its successor, required by this chapter, the Board
shall administer or authorize the administration of such examination provided
the applicant has received a degree of "Doctor of Podiatric Medicine" as
described in § 508(a)(1) of this title. All examinations shall be graded by
the testing service providing the examinations. The passing score shall be
established by the testing agency.
(33 Del. Laws, c. 66, §§ 4, 6; 40 Del. Laws, c. 108, §§ 5, 6; Code 1935, §
5388; 24 Del. C. 1953, § 505; 53 Del. Laws, c. 108, § 5; 53 Del. Laws, c. 315,
§ 1; 61 Del. Laws, c. 356, § 1; 64 Del. Laws, c. 39, § 1; 67 Del. Laws, c.
212, § 6; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 213, § 1.)
(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. A license in "good standing" is defined in §
508(a)(4)-(8) of this title.
(b) An applicant, who is licensed or registered in a state whose standards are
not substantially similar to those of this State, shall have practiced for a
minimum of 5 years after licensure, provided however that the applicant meets
all other qualifications for reciprocity in this section.
(c) An applicant, who has received a degree of "Doctor of Podiatric Medicine"
or its equivalent from a foreign school, college or university, shall submit a
certified copy of the applicant's school, college or university record for
evaluation by the Board.
(d) In the event that a disciplinary proceeding or unresolved complaint is
pending, the applicant shall not be licensed in this State until the
proceeding or complaint has been resolved. Applicants for licensure in this
State shall be deemed to have given consent to the release of such information
and to waive all objections to the admissibility of such information as
evidence at any hearing or other proceeding to which the applicant may be
subject.
(e) Each application for licensure shall be accompanied by payment of the
application fee.
(64 Del. Laws, c. 39, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 213, §
1.)
The amount to be charged for each fee imposed under this chapter 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 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 licensure biennium, the
Division, or any other State agency acting in its behalf, shall compute, for
each separate service or activity, the appropriate Board fees for the
licensure biennium.
(64 Del. Laws, c. 39, § 1; 65 Del. Laws, c. 355, § 1; 72 Del. Laws, c. 213, §
1.)
§ 512. Issuance and renewal of licenses.
(a) The Board shall issue a license to each applicant, who meets the
requirements of this chapter for licensure as a podiatrist and who pays the
fee established under § 511 of this title.
(b) Each license shall be renewed biennially, in such manner as is determined
by the Division, and upon payment of the appropriate fee and submission of a
renewal form provided by the Division, and proof that the licensee has met the
continuing education requirements established by the Board.
(c) The Board, in its rules and regulations, shall determine the period of
time within which a licensed podiatrist may still renew the licensed
podiatrist's license, notwithstanding the fact that such licensee has failed
to renew on or before the renewal date, provided however that such period
shall not exceed 1 year.
(d) A licensee, upon written request, may be placed in an inactive status for
no more than 5 years. Such person who desires to reactivate the licensee's
license shall complete a Board-approved application form, submit a renewal fee
set by the Division, and submit proof of fulfillment of continuing education
requirements in accordance with the Board's rules and regulations.
(Code 1935, § 5398A; 43 Del. Laws, c. 240, § 1; 24 Del. C. 1953, § 509; 53
Del. Laws, c. 108, § 6; 53 Del. Laws, c. 315, § 1; 61 Del. Laws, c. 356, § 1;
64 Del. Laws, c. 39, § 1; 65 Del. Laws, c. 355, § 1; 67 Del. Laws, c. 212, §
4; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 213, § 1.)
(a) The Board, at its discretion, may issue a temporary license to practice
podiatry in this State to a podiatrist, who is licensed or otherwise legally
qualified to practice podiatry in any state of the United States or other
jurisdiction, and who meets the following conditions:
(1) The applicant is entering this State for the purpose of taking charge of
the practice of a person licensed to practice podiatry in this State during
such licensee's temporary illness or absence from this State; and
(2) The applicant shall complete an application, pay the appropriate fee
established by the Division, and shall present proof of current licensure in
"good standing" in the state or states where the applicant currently is and/or
has been licensed. A license in "good standing" is defined in § 508(a)(4)-(8)
of this title, and such applicant shall comply with the provisions of §
510(d) of this title.
(b) The person licensed to practice medicine in this State shall make the
licensee's request to the Board in writing and shall submit a certified
statement that the purpose of the temporary license is to take charge of the
licensee's practice of podiatry in this State during a temporary illness or
absence from this State.
(c) Such temporary license shall be effective for not less than 2 weeks nor
for more than 3 months from date of issuance.
(d) The Board may also issue a temporary license to practice as a podiatric
physician to an applicant who is participating in a residency program in this
State and who is an otherwise qualified applicant for licensure in this State.
The temporary license for such residency program participant will be valid
for the period of residency and will expire immediately upon completion of or
withdrawal from the residency or 24 months from issuance whichever is earlier.
Such temporary license may be renewed once only for an additional 24 months
and any such renewed license shall also expire immediately upon completion of
or withdrawal from the residency program.
(e) [Repealed]
(67 Del. Laws, c. 212, § 5; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 213,
§ 1; 75 Del. Laws, c. 231, §§ 1, 2.)
(a) All complaints shall be received and investigated by the Division in
accordance with § 8735 of Title 29, and the Division shall be responsible for
issuing a final written report at the conclusion of its investigation.
(b) When it is determined that an individual is engaging, or has engaged, in
the practice of podiatry, or is using the title "podiatrist" and is not
licensed under the laws of this State, the Board shall apply to the Office of
the Attorney General to issue a cease and desist order.
(64 Del. Laws, c. 39, § 1; 65 Del. Laws, c. 355, § 1; 72 Del. Laws, c. 213, §
1.)
§ 515. Grounds for discipline.
(a) A practitioner licensed under this chapter shall be subject to
disciplinary actions set forth in § 516 of this title, if, after a hearing,
the Board finds that the podiatrist:
(1) Has employed or knowingly cooperated in fraud or material deception in
order to acquire a license as a podiatrist; has impersonated another person
holding a license, or allowed another person to use the podiatrist's license,
or aided or abetted a person not licensed as a podiatrist to represent himself
or herself as a podiatrist.
(2) Has illegally, incompetently or negligently practiced podiatry.
(3) Has been convicted of any offense, the circumstances of which
substantially relate to the practice of podiatry. A copy of the record of
conviction certified by the clerk of the court entering the conviction shall
be conclusive evidence therefor.
(4) Has excessively used or abused drugs either in the past 3 years or
currently.
(5) Has engaged in an act of consumer fraud or deception; engaged in the
restraint of competition; or participated in price-fixing activities.
(6) Has violated a lawful provision of this chapter, or any lawful regulation
established thereunder.
(7) Has had his or her license as a podiatrist suspended or revoked, or other
disciplinary action taken by the appropriate licensing authority in another
jurisdiction; provided, however, that the underlying grounds for such action
in another jurisdiction have been presented to the Board by certified record;
and the Board has determined that the facts found by the appropriate authority
in the other jurisdiction constitute 1 or more of the acts defined in this
chapter. Every person licensed as a podiatrist in this State shall be deemed
to have given consent to the release of this information by the Board of
Podiatry, or other comparable agencies in another jurisdiction and to waive
all objections to the admissibility of previously adjudicated evidence of such
acts or offenses.
(8) Has failed to notify the Board that the podiatrist's license as a
podiatrist in another state has been subject to discipline, or has been
surrendered, suspended or revoked. A certified copy of the record of
disciplinary action, surrender, suspension or revocation shall be conclusive
evidence thereof; or,
(9) Has a physical condition such that the performance of podiatry is or may
be injurious or prejudicial to the public.
(b) Subject to the provisions of this chapter and subchapter IV of Chapter 101
of Title 29, no license shall be restricted, suspended or revoked by the
Board, and no practitioner's right to practice podiatry shall be limited by
the Board until such practitioner has been given notice, and an opportunity to
be heard, in accordance with the Administrative Procedures Act ›Chapter 101
of Title 29|.
(64 Del. Laws, c. 39, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 213, §
1; 74 Del. Laws, c. 262, § 15.)
§ 516. Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in
combination, when it finds that 1 of the conditions or violations set forth in
§ 515 of this title applies to a practitioner regulated by this chapter:
(1) Issue a letter of reprimand.
(2) Censure a practitioner.
(3) Place a practitioner on probationary status, and require the practitioner
to:
a. Report regularly to the Board upon the matters, which are the basis of the
probation.
b. Limit all practice and professional activities to those areas prescribed by
the Board.
(4) Suspend any practitioner's license.
(5) Revoke any practitioner's license.
(6) Impose a monetary penalty not to exceed $500 for each violation.
(b) The Board may withdraw or reduce conditions of probation when it finds
that the deficiencies, which required such action, have been remedied.
(33 Del. Laws, c. 66, §§ 12, 13; 40 Del. Laws, c. 108, §§ 11-13; Code 1935,
§§ 5393, 5394; 24 Del. C. 1953, §§ 510, 511; 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.)
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29,
alleging violation of § 515 of this title, the Board shall set a time and
place to conduct a hearing on the complaint. Notice of the hearing shall be
given and the hearing shall be conducted in accordance with the Administrative
Procedures Act, Chapter 101 of Title 29.
(b) All hearings shall be informal without use of rules of evidence. If the
Board finds, by a majority vote of all members, that the complaint has merit,
the Board shall take such action permitted under this chapter, as it deems
necessary. The Board's decision shall be in writing and shall include its
reasons for such decision. The Board's decision shall be mailed immediately to
the practitioner.
(c) Where the practitioner is in disagreement with the action of the Board,
the practitioner may appeal the Board's decision to the Superior Court within
30 days of service, or of the postmarked date of the copy of the decision
mailed to the practitioner. Upon such appeal the Court shall hear the evidence
on the record. Stays shall be granted in accordance with Chapter 101 of Title
29.
(64 Del. Laws, c. 39, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 213, §
1.)
§ 518. Reinstatement of a suspended license; removal from probationary
status; replacement of license.
(a) As a condition to reinstatement of a suspended license, or removal from
probationary status, the Board may reinstate such license if, after a hearing,
the Board is satisfied that the licensee has taken the prescribed corrective
actions and otherwise satisfied all of the conditions of the suspension and/or
the probation.
(b) Where a license or registration has been suspended due to the licensee's
inability to practice pursuant to this chapter, the Board may reinstate such
license, if, after a hearing, the Board is satisfied that the licensee is
again able to perform the essential functions of a podiatrist, with or without
reasonable accommodations; and/or, there is no longer a significant risk of
substantial harm to the health and safety of the individual or others.
(c) Applicants for reinstatement must pay the appropriate fees and submit
documentation required by the Board as evidence that all the conditions of a
suspension and/or probation have been met. Proof that the applicant has met
the continuing education requirements of this chapter may also be required, as
appropriate.
(d) A new license to replace any license lost, destroyed or mutilated may be
issued subject to the rules of the Board. A charge set by the Division shall
be made for such issuance.
(72 Del. Laws, c. 213, § 1.)
§ 518A. Prescription requirements.
No written prescription shall be prescribed if it does not contain the
following information clearly written, clearly hand printed, electronically
printed, or typed:
(1) The name, address and phone number of the prescriber;
(2) The name and strength of the drug prescribed;
(3) The quantity of the drug prescribed;
(4) The directions for use of the drug;
(5) Date of issue.
(75 Del. Laws, c. 161, § 1.)
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