(a) The following conditions and actions of a polysomnographer may result in disciplinary action as set forth in subsection (b) of this section if, after a hearing, the Board finds that an applicant or polysomnographer:
(1) Has employed or knowingly cooperated in fraud or material deception in order to be licensed:
(2) Has engaged in illegal, incompetent or negligent conduct in the provision of polysomnography; or
(3) Has, in the practice of the profession, knowingly engaged in an act of consumer fraud or deception; or
(4) Has violated the code of ethics as established by the AASM, BRPT or and other organization approved by the Council; or
(5) Has violated a lawful provision of this subchapter or any lawful rule or regulation established hereunder; or
(6) Has been convicted of a crime substantially related to the practice of polysomnography as determined by the Board in its rules and regulations; or
(7) Has been convicted of a sexual felony offense.
(b) Persons licensed under this subchapter who have been determined to be in violation of this subchapter shall be subject to the following disciplinary actions:
(1) Issuance of a letter of reprimand.
(2) Censure.
(3) Placement on probationary status.
(4) Denial of license.
(5) Suspension of license.
(6) Revocation of license.
(7) Impose a monetary penalty not to exceed $500 for each violation.
(c) As a condition of reinstatement of a suspended license or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this subchapter.
Structure Delaware Code
Title 24 - Professions and Occupations
Chapter 17. MEDICAL PRACTICE ACT
Subchapter XII. Professional Polysomnographers
§ 1799T. Statement of purpose.
§ 1799W. Polysomnography Advisory Council.
§ 1799X. Licensure [Effective until Jan. 1, 2023].
§ 1799X. Licensure [Effective Jan. 1, 2023].
§ 1799Z. Continuing education.
§ 1799AA. Issuance and renewal of licenses; fees.
§ 1799BB. Grounds for discipline, sanctions, or penalties.
§ 1799CC. Unauthorized practice of polysomnography.
§ 1799DD. Procedure or action not described.
§ 1799EE. Duty to report conduct that constitutes grounds for discipline or inability to practice.