TITLE 24

Professions and Occupations

CHAPTER 5. PODIATRY

Subchapter II. License


(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.;

(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 or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(6), if it finds all of the following:

a. For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service.

c. The applicant is capable of practicing podiatry in a competent and professional manner.

d. 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.

(8) Has not been convicted of a felony sexual offense.

(9) Has submitted, 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 Podiatry shall be the screening point for the receipt of said federal criminal history records.

c. An applicant may not be licensed to practice podiatric medicine until the applicant's criminal history reports have been produced. An applicant whose record shows a prior criminal conviction may not be licensed by the Board unless a waiver is granted pursuant to paragraph (a)(6) of this section.

(10) Has submitted 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 podiatric medicine according to generally accepted standards, and submit to such examination as the Board may deem necessary to determine the applicant's capability.

(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.

(d) All individuals licensed to practice podiatric medicine in this State shall be required to be fingerprinted by the State Bureau of Identification, at the licensee's expense, for the purposes of performing subsequent criminal background checks. Licensees shall submit by January 1, 2016, at the applicant's expense, fingerprints and other necessary information in order to obtain a criminal background check.

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; 77 Del. Laws, c. 199, § 4; 78 Del. Laws, c. 44, §§ 7, 8; 79 Del. Laws, c. 277, § 1.;

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)-(7) 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.;

(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)-(7) 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.

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.

(c) The Division shall have the authority to conduct inspections upon receipt of any complaint in connection with § 515(a)(8) of this title or upon the occurrence of an adverse event as defined in § 122(3)y.3.A. of Title 16 and, as applicable, to refer such information to the Department of Health and Social Services pursuant to § 122(3)y. of Title 16. In connection herewith, the Division may share information with the Department of Health and Social Services in accordance with applicable law.

64 Del. Laws, c. 39, § 1; 65 Del. Laws, c. 355, § 1; 72 Del. Laws, c. 213, § 1; 78 Del. Laws, c. 15, § 8.;

(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 maintained a facility in an unsanitary or unsafe condition. For purposes of this section, "facility" shall have the same meaning as defined in § 122(3)y.3.C. of Title 16.

(9) 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,

(10) 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].

(c) The Division shall have the authority to conduct inspections upon receipt of any complaint in connection with paragraph (a)(8) of this section or upon the occurrence of an adverse event as defined in § 122(3)y.3.A. of Title 16 and, as applicable, refer such information to the Department of Health and Social Services pursuant to 122(3)y. of Title 16. In connection herewith, the Division may share information with the Department of Health and Social Services in accordance with applicable law.

64 Del. Laws, c. 39, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 213, § 1; 74 Del. Laws, c. 262, § 15; 78 Del. Laws, c. 15, §§ 9, 10.;

(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.

(7) The Board shall permanently revoke the certificate to practice podiatric medicine of a person who is convicted of a felony sexual offense.

(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies, which required such action, have been remedied.

(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.

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; 79 Del. Laws, c. 213, § 2; 79 Del. Laws, c. 277, § 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.;

(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.;

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.;