TITLE 24

Professions and Occupations

CHAPTER 5. PODIATRY

Subchapter III. Other Provisions


(a) Nothing in this chapter shall be construed to prevent:

(1) Persons who are licensed to practice podiatry in any other state, district or foreign country from entering this State, as practicing podiatrists, to consult with a podiatrist of this State. Such consultation shall be limited to examination, recommendation and testimony in litigation.

(2) Any student of an accredited school or college of podiatry from receiving practical training under the personal supervision of a licensed podiatrist in this State.

(3) Any person completing an American Podiatric Medical Association-approved hospital residency program in this State or any person serving a preceptorship in the office of a licensed podiatrist in this State for the purpose of fulfilling the licensure requirement.

(4) Any podiatrist or surgeon, commissioned by any of the armed forces of the United States or by the United States Public Health Service, from practicing podiatry on the podiatrist's or surgeon's designated facility in this State.

(5) Any physician licensed in this State from practicing podiatry in this State.

(b) This chapter shall not prohibit the fitting, recommending or sale of corrective shoes, arch supports or similar mechanical appliances by retail dealers or manufacturers. However, no representative of a dealer or manufacturer shall be permitted to medically diagnose, treat or prescribe for any foot or ankle ailment, disease or deformity, unless such person is licensed to practice podiatry in this State.

72 Del. Laws, c. 213, § 1; 70 Del. Laws, c. 186, § 1.;

A person not currently licensed as a podiatrist under this chapter, when engaging in the practice of podiatry, or using in connection with that person's name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the person is qualified to practice podiatry, shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 dollars nor more than $1,000 dollars for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 nor more than $2,000 for each offense. Justice of the Peace Court shall have jurisdiction over all violations of this chapter.

64 Del. Laws, c. 39, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 213, § 1.;

No person licensed under this chapter shall perform any invasive procedure, as defined in § 122(3)y. of Title 16, in a facility unless it is accredited or licensed in accordance with § 122(3)z. of Title 16. For purposes of this section, the terms "facility" and "invasive medical procedure" shall have the meanings set forth in § 122(3)y. of Title 16.

78 Del. Laws, c. 80, § 5.;

(a) A parent, guardian or other caretaker, or an adult staff member, shall be present when a person licensed under this chapter provides outpatient treatment to a minor patient who is disrobed or partially disrobed or during an outpatient physical examination regardless of sex of the licensed person and patient, except when rendering care during an emergency. When using an adult staff member to observe the treatment or examination, the adult staff member shall be of the same gender as the patient when practicable. The minor patient may decline the presence of a third person only with consent of a parent, guardian or other caretaker. The minor patient may request private consultation with the licensee without the presence of a third person after the physical examination.

(b) When a minor patient is to be disrobed, or partially disrobed during a physical examination, a person licensed under this chapter shall provide notice to the person providing consent to treatment of the rights under this section. The notice shall be provided in written form or be conspicuously posted in a manner in which minor patients and their parent, guardian or other caretaker are made aware of the notice. In circumstances in which the posting or the provision of the written notice would not convey the right to have a chaperone present, the person licensed shall use another means to ensure that the person understands the right under this section.

(c) For the purposes of this section, "minor" is defined as a person 15 years of age or younger, and "adult staff member" is defined as a person 18 years of age or older who is acting under the direction of the licensed person or the employer of the licensed person or who is otherwise licensed under this chapter.

(d) The person licensed under this chapter that provides outpatient treatment to a minor pursuant to this section shall, contemporaneously with such treatment, note in the child's medical record the name of each person present when such treatment is being provided.

79 Del. Laws, c. 169, § 1.;