(a) An applicant who is applying for licensure as a doctor of chiropractic 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 Chiropractic” from a school or college fully accredited by an accrediting agency recognized by the U.S. Department of Education;

(2) Shall provide proof satisfactory to the Board that the applicant has successfully passed Parts I, II, III, IV and the physiotherapy section of the National Board of Chiropractic Examiners’ examination;

(3) Shall not have been the recipient of any administrative penalties regarding the applicant’s practice of chiropractic, 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;

(4) Does not have any impairment related to drugs, alcohol, or a finding of mental incompetence by a physician qualified by specialty or experience to make a professional diagnosis regarding mental capacity, that would limit the applicant’s ability to undertake the practice of chiropractic in a manner consistent with the safety of the public;

(5) Does not have a criminal conviction record, nor pending criminal charge relating to an offense that is substantially related to the practice of chiropractic. If however, after considering the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(5). Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board;

a.-d. [Repealed.]

(6) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, has not been convicted of a felony sexual offense;

(7) 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 Chiropractic shall be the screening point for the receipt of said federal criminal history records;

c. An applicant may not be licensed to practice chiropractic until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction related to the practice of chiropractic may not be licensed by the Board unless a waiver is granted pursuant to paragraph (a)(5) of this section.

Terms Used In Delaware Code Title 24 Sec. 707

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302

(b) An applicant, who has received a degree of “Doctor of Chiropractic” 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.

(c) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.

(d) 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.

(e) All individuals licensed to practice chiropractic 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.

41 Del. Laws, c. 261, § ?3; 24 Del. C. 1953, § ?707; 50 Del. Laws, c. 325, § ?2; 53 Del. Laws, c. 147, § ?1; 64 Del. Laws, c. 413, § ?3; 65 Del. Laws, c. 331, § ?7; 69 Del. Laws, c. 398, § ?1; 70 Del. Laws, c. 186, § ?1; 70 Del. Laws, c. 514, §§ ?15-17; 72 Del. Laws, c. 125, § ?3; 74 Del. Laws, c. 262, §§ ?17, 18; 75 Del. Laws, c. 436, §§ ?5, 6; 77 Del. Laws, c. 199, §§ ?5, 6; 78 Del. Laws, c. 44, §§ ?9, 10; 79 Del. Laws, c. 277, § ?2; 83 Del. Laws, c. 433, § 7; 83 Del. Laws, c. 526, § 2;

  Previous section
Next section  
 Chapter 7 Contents