(a) If the Executive Director and the President of the Board, or a member of the Board designated by the President to assist in an investigation concerning a person certified to practice medicine, determine after the investigation that a violation of this chapter or of regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred, but that an act or omission of the person is a matter of concern and that the person's practice may be improved if the person is made aware of the concern, the Executive Director, with the concurrence of the President or the assisting Board member, may issue a nondisciplinary, confidential letter of concern regarding the person's act or omission.
(b) If a person certified to practice medicine receives a total of 3 letters of concern and/or letters of counseling pursuant to this section, the Executive Director may reasonably require a formal assessment of professional competency pursuant to § 1732(d) of this title to assess the person's continued ability to protect the health and safety of the person's present or prospective patients.
Structure Delaware Code
Title 24 - Professions and Occupations
Chapter 17. MEDICAL PRACTICE ACT
Subchapter IV. Disciplinary Regulation; Proceedings of the Board
§ 1730. Duty to report unprofessional conduct and inability to practice medicine.
§ 1731. Unprofessional conduct and inability to practice medicine.
§ 1731B. Counseling; letter of concern.
§ 1732. Investigations of complaints; Executive Director authority.
§ 1735. Revocation or suspension of certificate.
§ 1737. Confidentiality of records.
§ 1738. Temporary suspension pending hearing.
§ 1739. Protection from liability.