TITLE 24

Professions and Occupations

CHAPTER 17. MEDICAL PRACTICE ACT

Subchapter III. Certificate to Practice Medicine; Registration of Certificate; Renewal of Registration


(a) A person may not practice medicine in this State unless the person:

(1) Has a certificate to practice medicine issued by the Board of Medical Licensure and Discipline;

(2) Registers the certificate to practice medicine and renews it biennially; and

(3) If required, has an occupational license pursuant to Part III of Title 30.

(b) To receive a certificate to practice medicine in this State, an applicant for a certificate must:

(1) Have a working ability to read, write, speak, understand, and be understood in the English language;

(2) Possess the following educational credentials:

a. A degree of Doctor of Medicine or Doctor of Osteopathy, or an equivalent degree, from a legally incorporated medical college or school located in the United States or Canada, which medical college or school has been approved by the appropriate accrediting body of the American Medical Association or the American Osteopathic Association; or

b. A degree of Doctor of Medicine or Doctor of Osteopathy, or an equivalent degree, from a legally incorporated medical college or school located in a country other than the United States or Canada, medical college or school which is listed in the International Medical Education Directory (IMED), along with documentary proof that the applicant successfully passed the examination administered by the Educational Commission for Foreign Medical Graduates and the Federation of State Medical Boards; or

c. A degree of Doctor of Medicine or Doctor of Osteopathy, or an equivalent degree, from a legally incorporated medical college or school located in a country other than the United States or Canada, which medical college or school is not listed in the International Medical Education Directory (IMED), but the applicant has completed 3 years of postgraduate training in a residency program which has been approved by the Accreditation Council for Graduate Medical Education and has successfully passed the examination administered by the Educational Commission for Foreign Medical Graduates and the Federation of State Medical Boards;

d. Documentary proof that all clinical rotations served by the applicant in the United States or Canada as part of training received in a medical college or school were conducted in institutions that are formal parts, such as a primary hospital, of a medical college or school or that have formal affiliation with a medical college or school approved by the appropriate accrediting body of the American Medical Association or the American Osteopathic Association, or that the clinical rotations were served in hospitals which had, at the time the rotations were served, a residency training program approved by the Accreditation Council for Graduate Medical Education in the subject matter of the clinical rotation;

(3) Have satisfactorily completed an internship or equivalent training in an institution, which internship or equivalent training and institution are approved by the Board;

(4) Submit to the Board a sworn or affirmed statement that the applicant:

a. Has not been convicted of or has not admitted under oath to having committed a crime substantially related to the practice of medicine;

b. Has not been professionally penalized for or convicted of drug addiction;

c. Has not had the applicant's license or certificate or other authorizing document to practice allopathic medicine or osteopathic medicine in any other state, territory, or foreign nation revoked, suspended, restricted, limited, or subjected to disciplinary or other action by the certifying or licensing authority thereof, or an application to practice denied;

d. Has not been removed, suspended, expelled, or disciplined by any professional medical association or society when the removal, suspension, expulsion, or discipline was based upon what the association or society found to be unprofessional conduct, professional incompetence, or professional malpractice;

e. Has not been disciplined by a licensed hospital or by the medical staff of the hospital, including the removal, suspension, or limitation of hospital privileges, the nonrenewal of privileges for cause, the resignation of privileges under pressure of investigation or other disciplinary action, if the discipline was based upon what the hospital or medical staff found to be unprofessional conduct, professional incompetence, or professional malpractice;

f. Has not engaged in the practice of medicine without a certificate or license or other authorization to practice medicine;

g. Has not unlawfully prescribed narcotic drugs;

h. Has not wilfully violated the confidence of a patient, except under legal requirement;

i. Has not been professionally penalized or convicted of fraud;

j. Has reviewed and acknowledges the applicant's own duties to report unprofessional conduct under the Medical Practice Act and to report child abuse or neglect under § 903 of Title 16, or any successors thereto.

(5) Submit 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 medicine according to generally accepted standards, and submit to such examination as the Board may deem necessary to determine the applicant's capability;

(6) Submit, 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 Medical Licensure and Discipline shall be the screening point for the receipt of said federal criminal history records.

An applicant may not be certified to practice medicine until the applicant's criminal history reports have been produced. An applicant whose record shows a prior criminal conviction may not be certified by the Board unless a waiver is granted pursuant to subsection (e) of this section. The State Bureau of Identification may release any subsequent criminal history to the Board.

(7) Pass the professional examination pursuant to § 1721 of this title, unless excepted under § 1722 of this title or waived as provided in subsection (e) of this section.

(8) [Repealed.]

(c) An applicant for a certificate to practice medicine in this State must submit to the Board an application in writing in such form as the Board requires.

(d) An applicant for a certificate to practice medicine in this State must fulfill the requirements of subsection (b) of this section in accord with the form and manner required by the Board in its rules and regulations. The applicant must also pay the application fee set by the Division, and, unless an exception in § 1722 of this title applies, the applicant must pass a professional examination pursuant to § 1721 of this title.

(e) The Board, by the affirmative vote of 12 of its members, may waive any of the requirements of this section if it finds all of the following by clear and convincing evidence:

(1) The applicant's education, training, qualifications, and conduct have been sufficient to overcome the deficiency or deficiencies in meeting the requirements of this section;

(2) The applicant is capable of practicing medicine in a competent and professional manner;

(3) The granting of the waiver will not endanger the public health, safety, or welfare;

(4) For waiver of a felony conviction other than a conviction of a felony sexual offense, 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, although waiver shall not be granted to any person who is convicted of a felony sexual offense; and

(5) 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.

(f) In determining if an applicant qualifies for certification to practice medicine, the Board may rely upon relevant decisions made by the appropriate authority in other states and may not permit a collateral attack upon those decisions.

(g) Notwithstanding any language to the contrary, the Board shall not issue a license to an applicant until first verifying that an applicant is not listed on either the Adult Abuse Registry or the Child Protection Registry as being substantiated for abuse or neglect.

(h) An applicant for initial or renewal certification to practice medicine in this State must disclose whether the applicant has ever been the subject of an investigation by any licensing authority, medical association, hospital or other healthcare institution. The Board may require an applicant to provide sufficient documentation to enable the Board to determine whether investigation or a diagnostic mental or physical examination is necessary to determine the applicant's qualifications for certification to practice medicine in this State. Any such investigation or diagnostic mental or physical examination shall be conducted pursuant to § 1732 of this title.

(i) All individuals licensed to practice under this chapter 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 who received their initial license to practice on or before July 1, 2007, shall submit by January 1, 2012, at the applicant's expense, fingerprints and other necessary information in order to obtain a criminal background check.

20 Del. Laws, c. 40, § 13; 24 Del. Laws, c. 139, § 1; Code 1915, § 846; 33 Del. Laws, c. 58, § 1; Code 1935, § 925; 41 Del. Laws, c. 86, § 1; 24 Del. C. 1953, §§ 1732, 1733; 50 Del. Laws, c. 369, § 1; 52 Del. Laws, c. 323, §§ 1, 2; 58 Del. Laws, c. 511, § 53; 59 Del. Laws, c. 55, §§ 1-3; 60 Del. Laws, c. 462, § 1; 64 Del. Laws, c. 477, § 3; 67 Del. Laws, c. 226, § 7; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, § 4; 74 Del. Laws, c. 262, § 28; 75 Del. Laws, c. 141, § 1; 75 Del. Laws, c. 399, § 1; 75 Del. Laws, c. 436, § 13; 77 Del. Laws, c. 319, § 1; 77 Del. Laws, c. 323, § 1; 77 Del. Laws, c. 324, §§ 1, 2; 77 Del. Laws, c. 460, § 4; 78 Del. Laws, c. 44, §§ 16, 17; 79 Del. Laws, c. 194, § 1; 79 Del. Laws, c. 277, § 4.;

(a) The Board shall require written and/or clinical professional examination of each applicant for a certificate to practice medicine in accordance with the Board's rules and regulations.

(b) A professional examination issued pursuant to this section must be in the English language, must be comprehensive in character, and must be designed to determine an applicant's fitness to practice medicine. It must cover those general subjects and topics, a knowledge of which is commonly and generally required of candidates for the degree of Doctor of Medicine or Doctor of Osteopathy conferred by approved medical colleges or schools in the United States.

(c) The Board shall include in its rules and regulations the number of times and the conditions under which an applicant who has failed 1 or more professional examinations conducted pursuant to this section may again apply for a certificate to practice medicine under this chapter.

20 Del. Laws, c. 40, § 11; Code 1915, § 844; Code 1935, § 923; 24 Del. C. 1953, § 1735; 50 Del. Laws, c. 369, § 1; 60 Del. Laws, c. 462, § 1; 75 Del. Laws, c. 141, § 1.;

(a) The Board may adopt rules and regulations that waive the professional examination required pursuant to § 1721 of this title for the issuance of a certificate to practice medicine in the following cases:

(1) The applicant for whom the examination is to be waived is licensed, certified, registered, or otherwise legally qualified to practice medicine in another state of the United States or in another jurisdiction, and seeks a temporary certificate to practice medicine for not less than 2 weeks nor more than 3 months for the purpose of taking charge of the practice of a person certified and registered to practice medicine in this State during the person's temporary illness or absence from this State. The Board may, in its discretion, extend a temporary certificate to practice medicine pursuant to this paragraph for an additional 3 months, but not longer. A temporary certificate may be issued pursuant to this paragraph to an applicant by the Board upon the written request of a person certified and registered to practice medicine in this State and upon the payment of a fee established for such purpose by the Division of Professional Regulation. The written request must contain an affirmation that the purpose of the temporary certificate is to allow the applicant to take charge of the practice of a person certified and registered to practice medicine in this State during the person's temporary illness or absence from the State;

(2) The applicant for whom the examination is to be waived:

a. Is employed in this State as an intern, resident, house physician, or fellow in a hospital accredited by the Joint Commission on the Accreditation of Hospitals or by the American Osteopathic Hospital Association; or

b. Is a staff physician employed in a governmental institution in this State and is applying for a certificate to practice medicine for a period of time not to exceed the length of time of employment in the hospital or governmental institution.

A certificate issued pursuant to this paragraph is subject to yearly renewal and restricts the applicant to practice only in the hospital or institution where the applicant is employed;

(3) The applicant for whom the examination is to be waived is licensed, certified, registered, or otherwise legally authorized to practice medicine by competent authority in any other of the United States or in any other jurisdiction approved by the Board.

(b) When a certificate to practice medicine is issued to an applicant pursuant to this section and the applicant registers with the Board and obtains an occupational license pursuant to Chapter 23 of Title 30, the applicant may practice medicine in this State, but only for the time and only under the conditions, if any, specified in the certificate.

60 Del. Laws, c. 462, § 1; 71 Del. Laws, c. 102, § 6; 75 Del. Laws, c. 141, § 1.;

(a) The Board shall issue a certificate to practice medicine in this State and register the certificate for an applicant who meets the requirements of this chapter.

(b) The Division shall keep a current register of all persons certified to practice medicine in this State. Each such person shall inform the Division of any change of current address and telephone number within 15 days of the change.

(c) The registration of a certificate to practice medicine must be renewed biennially, through a procedure determined by the Division. The procedure must include payment of an appropriate registration renewal fee; submission of a renewal form provided by the Division; submission of the materials required by § 1720(b)(4), (b)(5), and (g), of this title unless waived pursuant to § 1720(e) of this title; proof that the certified person has met the continuing medical education requirements established by the Board; and the period of time within which a person certified to practice medicine in this State may renew the certified person's registration without penalty, notwithstanding the fact that the person failed to renew the person's registration on or before the renewal date; and the penalty for failure to renew registration in a timely manner. The procedure must also include evidence of completion of training on the recognition of child sexual and physical abuse, exploitation and domestic violence, and the reporting obligations under the Medical Practice Act and § 903 of Title 16, and any successors thereto, and any other mandatory reporting obligations required by the Board. Such trainings shall be coordinated under §§ 911 and 912(b)(4) of Title 16 to ensure consistent trainings across disciplines.

(d) The Board may establish, by class and not by individual, requirements for continuing education or reexamination, or both, for a person issued a certificate to practice medicine, or issued any authorized document to practice another profession or occupation regulated under this chapter, who is on inactive status and wishes to reactivate that person's status.

(e) The Division shall review the criminal history of all individuals licensed to practice medicine on a periodic basis, at a minimum, once every 6 months.

20 Del. Laws, c. 40, § 12; Code 1915, § 845; 33 Del. Laws, c. 58, § 1; Code 1935, § 924; 41 Del. Laws, c. 86, § 1; 42 Del. Laws, c. 89, § 2; 45 Del. Laws, c. 89, § 1; 24 Del. C. 1953, § 1737; 53 Del. Laws, c. 108, § 17; 60 Del. Laws, c. 462, § 1; 62 Del. Laws, c. 417, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, § 5; 74 Del. Laws, c. 349, § 1; 75 Del. Laws, c. 141, § 1; 77 Del. Laws, c. 323, § 2; 77 Del. Laws, c. 324, §§ 3, 4.;

The Board may issue a temporary emergency certificate to practice medicine for a period of time not to exceed 12 months, but renewable at the discretion of the Board, to a person whom it finds qualified to practice medicine in this State. A temporary emergency certificate may be issued only during a public emergency declared by the President of the United States or the Governor of the State. When an occupational license is issued by the Director of Revenue pursuant to Chapter 23 of Title 30, if such license is required, and the temporary emergency certificate is registered by the Board, the holder of the temporary emergency certificate may, during the term specified on the certificate unless sooner revoked, practice medicine in this State, subject to all the laws of this State and to the regulations and restrictions which the Board may adopt, including, but not limited to, location limitations and limitations on the nature of the practice of medicine within the State.

24 Del. C. 1953, § 1744; 49 Del. Laws, c. 158, § 1; 50 Del. Laws, c. 369, § 1; 52 Del. Laws, c. 323, § 9; 60 Del. Laws, c. 462, § 1; 61 Del. Laws, c. 68, §§ 4, 5; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, § 7; 75 Del. Laws, c. 141, § 1.;

The Executive Director of the Board, with the approval of a physician member of the Board, may issue a temporary certificate pending certification to practice medicine for a period of time not to exceed 3 months to a person otherwise qualified to practice medicine who has applied for certification to practice medicine. When an occupational license is issued by the Director of Revenue pursuant to Chapter 23 of Title 30, if such license is required, and the temporary certificate pending certification is registered by the Board, the holder of the temporary certificate pending certification may, during the time specified on the certificate unless sooner revoked, practice medicine in this State, subject to all the laws of this State and to the regulations and restrictions which the Board may adopt, including, but not limited to, location limitations and limitations on the nature of the practice of medicine within the State.

24 Del. C. 1953, § 1744; 49 Del. Laws, c. 158, § 1; 50 Del. Laws, c. 369, § 1; 52 Del. Laws, c. 323, § 9; 60 Del. Laws, c. 462, § 1; 61 Del. Laws, c. 68, §§ 4, 5; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 102, § 7; 75 Del. Laws, c. 141, § 1.;

The Executive Director of the Board shall, immediately upon issuing a certificate to practice medicine pursuant to § 1722, § 1723, or § 1724 of this title, make available to the director of the Division of Public Health of the Department of Health and Social Services the full name and address of the person to whom the certificate was issued and the date thereof, and, in the case of the issuance of a certificate pursuant to § 1722 or § 1724 of this title, the length of time for which the certificate authorizes the practice of medicine and the limitation on the authorization, if any.

30 Del. Laws, c. 58; Code 1915, § 847A; Code 1935, § 927; 24 Del. C. 1953, § 1738; 50 Del. Laws, c. 369, § 1; 52 Del. Laws, c. 323, § 3; 60 Del. Laws, c. 462, § 1; 75 Del. Laws, c. 141, § 1.;

This chapter does not prevent a person who is certified, licensed, or otherwise authorized to practice medicine in another state or in a foreign country from engaging in a consultation with a person certified and registered to practice medicine in this State.

20 Del. Laws, c. 40, § 16; Code 1915, § 851; Code 1935, §932; 24 Del. C. 1953, § 1743; 50 Del. Laws, c. 369, § 1; 60Del. Laws, c. 462, § 1; 63 Del. Laws, c. 9, § 1; 75 Del. Laws, c. 141, § 1.;

(a) Notwithstanding any other provision of this chapter or other law, a physician who is certified, licensed, or otherwise authorized to practice medicine in another state or country shall be exempt from the certification and registration requirements of this chapter while practicing medicine in this State if all of the following conditions are met:

(1) The physician has a written or oral agreement with a sports team to provide general or emergency care to the team members, coaching staff, and families traveling with the team for a specific sporting event to take place in this State; and

(2) The physician may not practice medicine with respect to any person residing or present in this State other that a person described in paragraph (a)(1) of this section, unless providing medical care pursuant to § 6801 of Title 16;

(b) The exemption shall remain in force while the physician is traveling with the team, but shall be no longer than 10 days per individual sporting event. The Executive Director of the Board may grant a physician additional time for exemption, up to 20 additional days per sporting event, upon prior request by the physician. The total number of days a physician may be exempt, including additional time granted upon request, may not exceed 30 days per sporting event.

(c) A physician exempt from the certification and licensure requirements under this section is not authorized to practice medicine at any health care facility, as defined in Chapter 93 of Title 16, in the State.

79 Del. Laws, c. 137, § 1.;

(a) Notwithstanding any other provision of this chapter or other law, a physician who is certified, licensed, or otherwise authorized to practice medicine in another state shall be exempt from the certification and registration requirements of this chapter in order to prescribe home health-care services provided by a home health-care agency licensed pursuant to Title 16 to a patient who resides in this State.

(b) The prescription of home health-care services under this section must first be made pursuant to an in-person physical examination of the patient performed within the jurisdictional boundaries of the state in which the prescribing physician is certified, licensed or otherwise authorized to practice medicine.

79 Del. Laws, c. 338, § 1.;