(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.
Terms Used In Delaware Code Title 24 Sec. 515
- Board: shall mean the State Board of Podiatry established in this chapter. See Delaware Code Title 24 Sec. 502
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Division: shall mean the State Division of Professional Regulation. See Delaware Code Title 24 Sec. 502
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Podiatrist: shall mean a person who is qualified to practice podiatry and is licensed under this chapter. See Delaware Code Title 24 Sec. 502
- Practice of podiatry: shall mean the diagnosis and the medical, surgical, mechanical, manipulative and electrical treatment of all ailments of the foot and ankle. See Delaware Code Title 24 Sec. 502
- State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 502
(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.