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Subchapter I. General Provisions
§ 1701. Statement of purpose. - Recognizing that the practice of medicine and the practices of...
§ 1702. Definitions. - The following definitions apply to this chapter unless otherwise expressly...
§ 1703. Nonapplicability of certain provisions. - Provisions of this chapter pertaining to the practice of medicine...
§ 1704. State requirement for services of a physician or surgeon. - If a law, rule, or regulation of this State requires...
§ 1705. Accreditation of facilities where office-based surgeries are performed. - No person licensed under this chapter shall perform any office-based...
Subchapter II. The Board of Medical Licensure and Discipline
§ 1710. Composition. - (a) The Board of Medical Licensure and Discipline has the...
§ 1711. Organization. - (a) The Board annually shall elect from among its members...
§ 1712. Quorum. - (a) A quorum for the transaction of business consists of...
§ 1713. Powers and duties of the Board. - (a) The Board has the following powers and duties, in...
§ 1714. Fees. - The amount of a fee imposed under this chapter by...
§ 1715. Records. - The Division of Professional Regulation shall keep a register of...
Subchapter III. Certificate to Practice Medicine; Registration of Certificate; Renewal of Registration
§ 1720. Certification requirements to practice medicine [Effective until Jan. 1, 2023]. - (a) A person may not practice medicine in this State...
§ 1720. Certification requirements to practice medicine [Effective Jan. 1, 2023]. - (a) A person may not practice medicine in this State...
§ 1721. Professional examination. - (a) The Board shall require written and/or clinical professional examination...
§ 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...
§ 1723. Issuance of certificate to practice; registration and registration renewal; reactivating inactive status. - (a) The Board shall issue a certificate to practice medicine...
§ 1724. Temporary emergency certificate during a public emergency. - The Board may issue a temporary emergency certificate to practice...
§ 1725. Temporary certificate pending certification. - The Executive Director of the Board, with the approval of...
§ 1726. Notice of certification required. - The Executive Director of the Board shall, immediately upon issuing...
§ 1727. Consulting physicians from other states. - This chapter does not prevent a person who is certified,...
§ 1728. Medical personnel for visiting sports teams. - (a) Notwithstanding any other provision of this chapter or other...
§ 1729. Home health-care orders from out-of-state physicians. - (a) Notwithstanding any other provision of this chapter or other...
Subchapter IV. Disciplinary Regulation; Proceedings of the Board
§ 1730. Duty to report unprofessional conduct and inability to practice medicine. - (a) Every person to whom a certificate to practice medicine...
§ 1731. Unprofessional conduct and inability to practice medicine. - (a) A person to whom a certificate to practice medicine...
§ 1731A. Duty to report. - (a) Any person may report to the Board information that...
§ 1731B. Counseling; letter of concern. - (a) If the Executive Director and the President of the...
§ 1732. Investigations of complaints; Executive Director authority. - (a) All complaints of unprofessional conduct, unauthorized practice of medicine,...
§ 1734. Hearings. - (a) [Repealed.] (b) Open hearings. — A hearing on a...
§ 1735. Revocation or suspension of certificate. - (a) If the Board determines pursuant to this subchapter that...
§ 1736. Appeal procedures. - (a) A person against whom a decision of the Board...
§ 1737. Confidentiality of records. - Release of records of the Board is governed by the...
§ 1738. Temporary suspension pending hearing. - (a) In the event of a formal or informal complaint...
§ 1739. Protection from liability. - Pursuant to the State Early Opt-in provision of 42 U.S.C....
§ 1740. Health care facilities reporting requirements. - (a) Definitions. — (1) “Direct access” means the opportunity to...
§ 1741. Complaints of unsanitary or unsafe conditions. - (a) A person certified or licensed under this chapter may...
Subchapter V. Miscellaneous Provisions
§ 1760. Determination of death. - (a) An individual who has sustained either: (1) Irreversible cessation...
§ 1761. Physician discontinuing business or leaving the State; death of a physician; change of physician and transfer of patient records; patient access to records. - (a) A person certified to practice medicine under this chapter...
§ 1761A. Appointment of a custodian of patient records. - (a) If the Board receives a formal or informal complaint...
§ 1762. Reports of treatment of certain wounds, injuries, poisonings, or other conditions; failure to report; penalty. - (a) Every person certified to practice medicine who attends to...
§ 1763. Reports of persons who are subject to losses of consciousness; limitation on use; failure; penalty. - Every physician attending or treating persons who are subject to...
§ 1764. State revenue. - The provisions of this chapter may not be construed to...
§ 1764A. Prescription requirements. - (a) No written prescription shall be prescribed if it does...
§ 1765. Construction of chapter relating to the ADA. - This chapter may not be construed to conflict with, replace,...
§ 1766. Penalties [See conflicting amendment, unable to be implemented, in 75 Del. Laws, c. 161, § 5.] - (a) A person who practices or attempts to practice medicine...
§ 1767. Emergency care at the scene of an emergency. - A person certified to practice medicine under this chapter who,...
§ 1768. Immunity of boards of review; confidentiality of review board record. - (a) The Board of Medical Licensure and Discipline and the...
§ 1769. Disclosure of laboratory costs. - A person certified to practice medicine who bills patients or...
§ 1769A. Required warning to pregnant women of possible effects of using alcohol, cocaine, or other narcotics. - (a) A person certified to practice medicine who treats, advises,...
§ 1769B. Treatment or examination of minors. - (a) A parent, guardian or other caretaker, or an adult...
§ 1769C. Physician practices with multiple offices. - If a physician practice has multiple offices, a physician member...
Subchapter VI. Physician Assistants
§ 1770. The Regulatory Council for Physician Assistants. - (a) The Regulatory Council for Physician Assistants (Council) shall consist...
§ 1770A. Physician assistants; definitions. - For purposes of this subchapter: (1) “Collaborating physician” means physicians...
§ 1771. Physician's role in collaborating with a physician assistant. - (a) A physician who collaborates with a physician assistant must...
§ 1772. Prohibited acts by a physician assistant. - (a) A physician assistant may not maintain or manage a...
§ 1773. Regulation of physician assistants. - (a) The Council shall adopt rules and regulations which address...
§ 1773A. Participation in disaster or emergency care. - (a) A physician assistant licensed in this State or licensed...
§ 1774. Temporary licensing of physician assistants. - (a) Notwithstanding any provision of this subchapter to the contrary,...
§ 1774A. Fees set by Board. - The Division of Professional Regulation shall establish fees for licensing...
§ 1774B. Prohibited acts; penalties; enforcement. - (a) A person may not practice as a physician assistant...
§ 1774C. Procedure or action not prescribed. - This subchapter governs the practice of physician assistants. If a...
§ 1774D. Inactive license; return to clinical practice. - (a) Any physician assistant who notifies the Board in writing...
§ 1774E. Participation in charitable and voluntary care. - A physician assistant licensed in this State, or licensed or...
Subchapter VII. Respiratory Care Practitioners
§ 1775. Respiratory Care Advisory Council. - (a) The Respiratory Care Advisory Council (Council) consists of 7...
§ 1776. Respiratory care practitioners. - (a) As used in this subchapter: (1) “Respiratory care” means...
§ 1777. Licensure [Effective until Jan. 1, 2023]. - (a) The requirements for licensure by the Board as a...
§ 1777. Licensure [Effective Jan. 1, 2023]. - (a) The requirements for licensure by the Board as a...
§ 1777A. Procedure or action not prescribed. - This subchapter governs the practice of respiratory care practitioners. If...
§ 1778. Fees; license renewal. - The Division of Professional Regulation shall establish reasonable fees for...
§ 1779. Prohibited acts; penalties; enforcement. - (a) A person may not practice respiratory care in this...
§ 1779A. Duty to report conduct that constitutes grounds for discipline or inability to practice. - (a) Every person to whom a license to practice has...
Subchapter VIII. Parental Notice of Abortion Act
§ 1780. Short title. - This subchapter shall be known and may be cited as...
§ 1781. Legislative purpose and findings. - (a) The General Assembly of the State finds as fact...
§ 1782. Definitions. - For purposes of this subchapter, the following definitions will apply....
§ 1783. Notice required. - No physician or other medically authorized person shall perform an...
§ 1784. Application for waiver of parental notice requirement; grounds; timeliness of decision; notice of decision; appeals; costs. - (a) The Court shall consider waiving the notice requirement of...
§ 1785. Short form of affidavit and application for waiver of parental notice requirement. - The following shall be sufficient form of affidavit and application...
§ 1786. Coercion prohibited. - No parent, guardian, or other person shall coerce a minor...
§ 1787. Medical emergency exception. - The requirements of § 1783, § 1784 and § 1786...
§ 1788. Counseling to affected persons. - The Division of Prevention and Behavioral Health Services, Department of...
§ 1789. Penalty and criminal jurisdiction. - (a) Any person who intentionally performs an abortion with knowledge...
§ 1789A. Notice and avoidance of liability. - In any prosecution pursuant to § 1789 of this title,...
§ 1789B. Civil damages available. - Failure to give notice pursuant to the requirements of this...
Subchapter IX. Termination of Human Pregnancy
§ 1790. Termination of pregnancy before viability not prohibited; termination of pregnancy after viability limited. - (a) Any of the following may terminate, assist in the...
§ 1791. Refusal to perform or submit to medical procedures. - (a) No person shall be required to perform or participate...
§ 1792. Assistance or participation in an unlawful termination of human pregnancy. - No person shall, unless the termination of a human pregnancy...
§ 1795. Live birth following abortion. - (a) In the event an abortion or an attempted abortion...
Subchapter X. Acupuncture and Eastern Medicine Practitioners
§ 1796. Acupuncture Advisory Council. - (a) The Acupuncture Advisory Council (Council) consists of 5 voting...
§ 1797. Acupuncture practitioners. - (a) As used in this subchapter: (1) “Acupuncture” is the...
§ 1798. Licensure [Effective until Jan. 1, 2023]. - (a) All applicants must meet the following requirements for licensure...
§ 1798. Licensure [Effective Jan. 1, 2023]. - (a) All applicants must meet the following requirements for licensure...
§ 1798A. Procedure or action not described. - This subchapter governs the practice of acupuncture and eastern medicine...
§ 1799. Fees; license renewal. - The Division of Professional Regulation shall establish reasonable fees for...
§ 1799B. Exemptions. - (a) Acupuncture or supplemental or eastern medicine techniques may be...
§ 1799C. Renewal. - Licenses must be renewed biennially and every licensee for renewal...
§ 1799D. Reciprocal licensing. - All applicants for reciprocal licensing must possess a current license...
§ 1799E. Prohibited acts; penalties; enforcement. - (a) No person in this State shall use the title...
§ 1799F. Acupuncture detoxification specialist (ADS); license required. - (a) An individual who is not licensed as an acupuncturist...
Subchapter XI. Genetic Counselors
§ 1799G. Statement of purpose. - The intent of the General Assembly in enacting this subchapter...
§ 1799H. Definitions. - As used in this subchapter: (1) “ABGC” shall mean the...
§ 1799I. Genetic Counselor Advisory Council. - (a) The Genetic Counselor Advisory Council (Council) consists of 5...
§ 1799J. Licensure [Effective until Jan. 1, 2023]. - (a) An applicant who is applying for licensure under this...
§ 1799J. Licensure [Effective Jan. 1, 2023]. - (a) An applicant who is applying for licensure under this...
§ 1799K. Provisional license. - (a) The Board may issue a provisional license to practice...
§ 1799L. Reciprocity. - An applicant for licensure by reciprocity must possess a current...
§ 1799M. Continuing education. - The Council, with the approval of the Board, is authorized...
§ 1799N. Issuance and renewal of licenses; fees. - (a) The Division of Professional Regulation shall establish reasonable fees...
§ 1799O. Licensure required. - (a) No person shall represent oneself or engage in the...
§ 1799P. Grounds for discipline, sanctions, or penalties. - (a) The following conditions and actions of an L.G.C. may...
§ 1799Q. Unauthorized practice of genetic counseling. - Whoever engages in the practice of genetic counseling or attempts...
§ 1799R. Administrative procedures. - All procedures under this chapter shall be governed by the...
§ 1799S. Procedure or action not described. - This subchapter governs the practice of genetic counseling practitioners. If...
Subchapter XII. Professional Polysomnographers
§ 1799T. Statement of purpose. - The intent of the General Assembly in enacting this subchapter...
§ 1799U. Definitions. - As used in this subchapter: (1) “AASM” shall mean the...
§ 1799V. Education. - The following qualify as approved educational programs: (1) A polysomnographic...
§ 1799W. Polysomnography Advisory Council. - (a) The Council consists of 5 voting members. The 5...
§ 1799X. Licensure [Effective until Jan. 1, 2023]. - (a) On and after July 1, 2014, any person who...
§ 1799X. Licensure [Effective Jan. 1, 2023]. - (a) On and after July 1, 2014, any person who...
§ 1799Y. Endorsement. - An applicant for licensure by endorsement must possess a current...
§ 1799Z. Continuing education. - The Council, with the approval of the Board, is authorized...
§ 1799AA. Issuance and renewal of licenses; fees. - (a) The Division of Professional Regulation shall establish reasonable fees...
§ 1799BB. Grounds for discipline, sanctions, or penalties. - (a) The following conditions and actions of a polysomnographer may...
§ 1799CC. Unauthorized practice of polysomnography. - Whoever engages in the practice of polysomnography or attempts to...
§ 1799DD. Procedure or action not described. - This subchapter governs the practice of polysomnography. If a procedure...
§ 1799EE. Duty to report conduct that constitutes grounds for discipline or inability to practice. - (a) Every person to whom a license to practice has...
Subchapter XIII. Midwifery Practitioners
§ 1799FF. Definitions. - As used in this subchapter: (1) “Board” means the Board...
§ 1799GG. Subchapter exemptions and limitations. - (a) Nothing in this subchapter shall limit, preclude, or otherwise...
§ 1799HH. Midwifery Advisory Council. - (a) The Board of Medical Licensure and Discipline shall form...
§ 1799II. Licensure [Effective until Jan. 1, 2023]. - (a) To be eligible for licensure by the Board as...
§ 1799II. Licensure [Effective Jan. 1, 2023]. - (a) To be eligible for licensure by the Board as...
§ 1799JJ. Client screening for homebirth delivery services. - The provisions of this section shall apply only to a...
§ 1799KK. Physician-midwife relationship. - (a) No health-care provider or facility shall be vicariously liable...
§ 1799LL. Treatment or examination of minors. - (a) A parent, guardian or other caregiver, or an adult...
§ 1799MM. Recordkeeping. - (a) A person licensed under this chapter who is discontinuing...
§ 1799NN. Duty to report conduct that constitutes grounds for discipline or inability to practice. - (a) Every person to whom a license to practice has...