§ 1720. | § 1; | § 1721. | § 1722. | § 1.) | § 1723. | § 1724. | §§ 4, | § 1725. | §§ 4, | § 1726. | § 1727.
Renewal of Registration
§ 1720. Certification requirements to practice medicine.
(a) A person may not practice medicine in this State unless the person:
(1) Has a certificate to practice medicine issued by the Board of Medical
Practice;
(2) Registers the certificate to practice medicine and renews it biennially;
and
(3) If required, has an occupational license pursuant to Part III of Title 30.
(b) To receive a certificate to practice medicine in this State, an applicant
for a certificate must:
(1) Have a working ability to read, write, speak, understand, and be
understood in the English language;
(2) Possess the following educational credentials:
a. A degree of Doctor of Medicine or Doctor of Osteopathy, or an equivalent
degree, from a legally incorporated medical college or school located in the
United States or Canada, which medical college or school has been approved by
the appropriate accrediting body of the American Medical Association or the
American Osteopathic Association; or
b. A degree of Doctor of Medicine or Doctor of Osteopathy, or an equivalent
degree, from a legally incorporated medical college or school located in a
country other than the United States or Canada, medical college or school
which is listed in the International Medical Education Directory (IMED), along
with documentary proof that the applicant successfully passed the examination
administered by the Educational Commission for Foreign Medical Graduates and
the Federation of State Medical Boards; or
c. A degree of Doctor of Medicine or Doctor of Osteopathy, or an equivalent
degree, from a legally incorporated medical college or school located in a
country other than the United States or Canada, which medical college or
school is not listed in the International Medical Education Directory (IMED),
but the applicant has completed 3 years of postgraduate training in a
residency program which has been approved by the Accreditation Council for
Graduate Medical Education and has successfully passed the examination
administered by the Educational Commission for Foreign Medical Graduates and
the Federation of State Medical Boards;
d. Documentary proof that all clinical rotations served by the applicant in
the United States or Canada as part of training received in a medical college
or school were conducted in institutions that are formal parts, such as a
primary hospital, of a medical college or school or that have formal
affiliation with a medical college or school approved by the appropriate
accrediting body of the American Medical Association or the American
Osteopathic Association, or that the clinical rotations were served in
hospitals which had, at the time the rotations were served, a residency
training program approved by the Accreditation Council for Graduate Medical
Education in the subject matter of the clinical rotation;
(3) Have satisfactorily completed an internship or equivalent training in an
institution, which internship or equivalent training and institution are
approved by the Board;
(4) Submit to the Board a sworn or affirmed statement that the applicant:
a. Has not been convicted of or has not admitted under oath to having
committed a crime substantially related to the practice of medicine;
b. Has not been professionally penalized for or convicted of drug addiction;
c. Has not had the applicant's license or certificate or other authorizing
document to practice allopathic medicine or osteopathic medicine in any other
state, territory, or foreign nation revoked, suspended, restricted, limited,
or subjected to disciplinary or other action by the certifying or licensing
authority thereof, or an application to practice denied;
d. Has not been removed, suspended, expelled, or disciplined by any
professional medical association or society when the removal, suspension,
expulsion, or discipline was based upon what the association or society found
to be unprofessional conduct, professional incompetence, or professional
malpractice;
e. Has not been disciplined by a licensed hospital or by the medical staff of
the hospital, including the removal, suspension, or limitation of hospital
privileges, the nonrenewal of privileges for cause, the resignation of
privileges under pressure of investigation or other disciplinary action, if
the discipline was based upon what the hospital or medical staff found to be
unprofessional conduct, professional incompetence, or professional
malpractice;
f. Has not engaged in the practice of medicine without a certificate or
license or other authorization to practice medicine;
g. Has not unlawfully prescribed narcotic drugs;
h. Has not wilfully violated the confidence of a patient, except under legal
requirement; or
i. Has not been professionally penalized or convicted of fraud;
(5) Submit to the Board a sworn or affirmed statement that the applicant is,
at the time of application, physically and mentally capable of engaging in the
practice of medicine according to generally accepted standards, and submit to
such examination as the Board may deem necessary to determine the applicant's
capability;
(6) Submit, at the applicant's expense, fingerprints and other necessary
information in order to obtain the following:
a. A report of the applicant's entire criminal history record from the State
Bureau of Identification or a statement from the State Bureau of
Identification that the State Central Repository contains no such information
relating to that person.
b. A report of the applicant's entire federal criminal history record pursuant
to the Federal Bureau of Investigation appropriation of Title II of Public
Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the
intermediary for purposes of this section and the Board of Medical Practice
shall be the screening point for the receipt of said federal criminal history
records.
An applicant may not be certified to practice medicine until the applicant's
criminal history reports have been produced. An applicant whose record shows a
prior criminal conviction may not be certified by the Board unless a waiver
is granted pursuant to subsection (e) of this section;
(7) Pass the professional examination pursuant to § 1721 of this title, unless
excepted under § 1722 of this title or waived as provided in subsection (e)
of this section; and
(8) Submit to a personal interview by a Board member, unless waived by an
officer of the Board for good cause.
(c) An applicant for a certificate to practice medicine in this State must
submit to the Board an application in writing in such form as the Board
requires.
(d) An applicant for a certificate to practice medicine in this State must
fulfill the requirements of subsection (b) of this section in accord with the
form and manner required by the Board in its rules and regulations. The
applicant must also pay the application fee set by the Division, and, unless
an exception in § 1722 of this title applies, the applicant must pass a
professional examination pursuant to § 1721 of this title.
(e) The Board, by the affirmative vote of 12 of its members, may waive any of
the requirements of this section if it finds all of the following by clear and
convincing evidence:
(1) The applicant's education, training, qualifications, and conduct have been
sufficient to overcome the deficiency or deficiencies in meeting the
requirements of this section;
(2) The applicant is capable of practicing medicine in a competent and
professional manner;
(3) The granting of the waiver will not endanger the public health, safety, or
welfare; and
(4) For waiver of a crime substantially related to the practice of medicine,
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.
(f) In determining if an applicant qualifies for certification to practice
medicine, the Board may rely upon relevant decisions made by the appropriate
authority in other states and may not permit a collateral attack upon those
decisions.
(20 Del. Laws, c. 40, § 13; 24 Del. Laws, c. 139, § 1; Code 1915, § 846; 33
Del. Laws, c. 58, § 1; Code 1935, § 925; 41 Del. Laws, c. 86, § 1; 24 Del. C.
1953, §§ 1732, 1733; 50 Del. Laws, c. 369, § 1; 52 Del. Laws, c. 323, §§ 1, 2;
58 Del. Laws, c. 511, § 53; 59 Del. Laws, c. 55, §§ 1-3; 60 Del. Laws, c. 462,
§ 1; 64 Del. Laws, c. 477, § 3; 67 Del. Laws, c. 226, § 7; 70 Del. Laws, c.
186, § 1; 71 Del. Laws, c. 102, § 4; 74 Del. Laws, c. 262, § 28; 75 Del. Laws,
c. 141, § 1; 75 Del. Laws, c. 399, § 1; 75 Del. Laws, c. 436, § 13.)
Renewal of Registration
§ 1721. Professional examination.
(a) The Board shall require written and/or clinical professional examination
of each applicant for a certificate to practice medicine in accordance with
the Board's rules and regulations.
(b) A professional examination issued pursuant to this section must be in the
English language, must be comprehensive in character, and must be designed to
determine an applicant's fitness to practice medicine. It must cover those
general subjects and topics, a knowledge of which is commonly and generally
required of candidates for the degree of Doctor of Medicine or Doctor of
Osteopathy conferred by approved medical colleges or schools in the United
States.
(c) The Board shall include in its rules and regulations the number of times
and the conditions under which an applicant who has failed 1 or more
professional examinations conducted pursuant to this section may again apply
for a certificate to practice medicine under this chapter.
(20 Del. Laws, c. 40, § 11; Code 1915, § 844; Code 1935, § 923; 24 Del. C.
1953, § 1735; 50 Del. Laws, c. 369, § 1; 60 Del. Laws, c. 462, § 1; 75 Del.
Laws, c. 141, § 1.)
Renewal of Registration
§ 1722. Waiver of professional examination for temporary certification,
for hospital or institution staff, for physicians licensed in another
jurisdiction, and for physicians passing an alternative exam.
(a) The Board may adopt rules and regulations that waive the professional
examination required pursuant to § 1721 of this title for the issuance of a
certificate to practice medicine in the following cases:
(1) The applicant for whom the examination is to be waived is licensed,
certified, registered, or otherwise legally qualified to practice medicine in
another state of the United States or in another jurisdiction, and seeks a
temporary certificate to practice medicine for not less than 2 weeks nor more
than 3 months for the purpose of taking charge of the practice of a person
certified and registered to practice medicine in this State during the
person's temporary illness or absence from this State. The Board may, in its
discretion, extend a temporary certificate to practice medicine pursuant to
this paragraph for an additional 3 months, but not longer. A temporary
certificate may be issued pursuant to this paragraph to an applicant by the
Board upon the written request of a person certified and registered to
practice medicine in this State and upon the payment of a fee established for
such purpose by the Division of Professional Regulation. The written request
must contain an affirmation that the purpose of the temporary certificate is
to allow the applicant to take charge of the practice of a person certified
and registered to practice medicine in this State during the person's
temporary illness or absence from the State;
(2) The applicant for whom the examination is to be waived:
a. Is employed in this State as an intern, resident, house physician, or
fellow in a hospital accredited by the Joint Commission on the Accreditation
of Hospitals or by the American Osteopathic Hospital Association; or
b. Is a staff physician employed in a governmental institution in this State
and is applying for a certificate to practice medicine for a period of time
not to exceed the length of time of employment in the hospital or governmental
institution.
A certificate issued pursuant to this paragraph is subject to yearly renewal
and restricts the applicant to practice only in the hospital or institution
where the applicant is employed;
(3) The applicant for whom the examination is to be waived is licensed,
certified, registered, or otherwise legally authorized to practice medicine by
competent authority in any other of the United States or in any other
jurisdiction approved by the Board.
(b) When a certificate to practice medicine is issued to an applicant pursuant
to this section and the applicant registers with the Board and obtains an
occupational license pursuant to Chapter 23 of Title 30, the applicant may
practice medicine in this State, but only for the time and only under the
conditions, if any, specified in the certificate.
(60 Del. Laws, c. 462, § 1; 71 Del. Laws, c. 102, § 6; 75 Del. Laws, c. 141,
Renewal of Registration
§ 1723. Issuance of certificate to practice; registration and registration
renewal; reactivating inactive status.
(a) The Board shall issue a certificate to practice medicine in this State and
register the certificate for an applicant who meets the requirements of this
chapter.
(b) The Division shall keep a current register of all persons certified to
practice medicine in this State. Each such person shall inform the Division of
any change of current address and telephone number within 15 days of the
change.
(c) The registration of a certificate to practice medicine must be renewed
biennially, through a procedure determined by the Division. The procedure must
include payment of an appropriate registration renewal fee; submission of a
renewal form provided by the Division; proof that the certified person has met
the continuing medical education requirements established by the Board; and
the period of time within which a person certified to practice medicine in
this State may renew the certified person's registration without penalty,
notwithstanding the fact that the person failed to renew the person's
registration on or before the renewal date; and the penalty for failure to
renew registration in a timely manner.
(d) The Board may establish, by class and not by individual, requirements for
continuing education or reexamination, or both, for a person issued a
certificate to practice medicine, or issued any authorized document to
practice another profession or occupation regulated under this chapter, who is
on inactive status and wishes to reactivate that person's status.
(20 Del. Laws, c. 40, § 12; Code 1915, § 845; 33 Del. Laws, c. 58, § 1; Code
1935, § 924; 41 Del. Laws, c. 86, § 1; 42 Del. Laws, c. 89, § 2; 45 Del. Laws,
c. 89, § 1; 24 Del. C. 1953, § 1737; 53 Del. Laws, c. 108, § 17; 60 Del. Laws,
c. 462, § 1; 62 Del. Laws, c. 417, § 2; 70 Del. Laws, c. 186, § 1; 71 Del.
Laws, c. 102, § 5; 74 Del. Laws, c. 349, § 1; 75 Del. Laws, c. 141, § 1.)
Renewal of Registration
§ 1724. Temporary emergency certificate during a public emergency.
The Board may issue a temporary emergency certificate to practice medicine for
a period of time not to exceed 12 months, but renewable at the discretion of
the Board, to a person whom it finds qualified to practice medicine in this
State. A temporary emergency certificate may be issued only during a public
emergency declared by the President of the United States or the Governor of
the State. When an occupational license is issued by the Director of Revenue
pursuant to Chapter 23 of Title 30, if such license is required, and the
temporary emergency certificate is registered by the Board, the holder of the
temporary emergency certificate may, during the term specified on the
certificate unless sooner revoked, practice medicine in this State, subject to
all the laws of this State and to the regulations and restrictions which the
Board may adopt, including, but not limited to, location limitations and
limitations on the nature of the practice of medicine within the State.
(24 Del. C. 1953, § 1744; 49 Del. Laws, c. 158, § 1; 50 Del. Laws, c. 369, §
1; 52 Del. Laws, c. 323, § 9; 60 Del. Laws, c. 462, § 1; 61 Del. Laws, c. 68,
§§ 4, 5; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, § 7; 75 Del. Laws,
c. 141, § 1.)
Renewal of Registration
§ 1725. Temporary certificate pending certification.
The Executive Director of the Board, with the approval of a physician member
of the Board, may issue a temporary certificate pending certification to
practice medicine for a period of time not to exceed 3 months to a person
otherwise qualified to practice medicine who has applied for certification to
practice medicine. When an occupational license is issued by the Director of
Revenue pursuant to Chapter 23 of Title 30, if such license is required, and
the temporary certificate pending certification is registered by the Board,
the holder of the temporary certificate pending certification may, during the
time specified on the certificate unless sooner revoked, practice medicine in
this State, subject to all the laws of this State and to the regulations and
restrictions which the Board may adopt, including, but not limited to,
location limitations and limitations on the nature of the practice of medicine
within the State.
(24 Del. C. 1953, § 1744; 49 Del. Laws, c. 158, § 1; 50 Del. Laws, c. 369, §
1; 52 Del. Laws, c. 323, § 9; 60 Del. Laws, c. 462, § 1; 61 Del. Laws, c. 68,
§§ 4, 5; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, § 7; 75 Del. Laws,
c. 141, § 1.)
Renewal of Registration
§ 1726. Notice of certification required.
The Executive Director of the Board shall, immediately upon issuing a
certificate to practice medicine pursuant to § 1722, § 1723, or § 1724 of this
title, make available to the director of the Division of Public Health of the
Department of Health and Social Services the full name and address of the
person to whom the certificate was issued and the date thereof, and, in the
case of the issuance of a certificate pursuant to § 1722 or § 1724 of this
title, the length of time for which the certificate authorizes the practice of
medicine and the limitation on the authorization, if any.
(30 Del. Laws, c. 58; Code 1915, § 847A; Code 1935, § 927; 24 Del. C. 1953, §
1738; 50 Del. Laws, c. 369, § 1; 52 Del. Laws, c. 323, § 3; 60 Del. Laws, c.
462, § 1; 75 Del. Laws, c. 141, § 1.)
Renewal of Registration
§ 1727. Consulting physicians from other states.
This chapter does not prevent a person who is certified, licensed, or
otherwise authorized to practice medicine in another state or in a foreign
country from engaging in a consultation with a person certified and registered
to practice medicine in this State.
(20 Del. Laws, c. 40, § 16; Code 1915, § 851; Code 1935, § 932; 24 Del. C.
1953, § 1743; 50 Del. Laws, c. 369, § 1; 60Del. Laws, c. 462, § 1; 63 Del.
Laws, c. 9, § 1; 75 Del. Laws, c. 141, § 1.)
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.
DISCLAIMER: Please Note: With respect to the Delaware Code documents available from this site or server, neither the State of Delaware nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. This information is provided for informational purposes only. Please seek legal counsel for help on interpretation of individual statutes.