Delaware Code Title 24 Sec. 1799BB – Grounds for discipline, sanctions, or penalties
(a) The following conditions and actions of a polysomnographer may result in disciplinary action as set forth in subsection (b) of this section if, after a hearing, the Board finds that an applicant or polysomnographer:
(1) Has employed or knowingly cooperated in fraud or material deception in order to be licensed: or
(2) Has engaged in illegal, incompetent or negligent conduct in the provision of polysomnography; or
(3) Has, in the practice of the profession, knowingly engaged in an act of consumer fraud or deception; or
(4) Has violated the code of ethics as established by the AASM, BRPT or and other organization approved by the Council; or
(5) Has violated a lawful provision of this subchapter or any lawful rule or regulation established hereunder; or
(6) Has been convicted of a crime substantially related to the practice of polysomnography as determined by the Board in its rules and regulations; or
(7) Has been convicted of a sexual felony offense.
Terms Used In Delaware Code Title 24 Sec. 1799BB
- AASM: shall mean the American Academy of Sleep Medicine or an organization that is recognized as equivalent. See Delaware Code Title 24 Sec. 1799U
- Board: shall mean the Board of Medical Licensure and Discipline. See Delaware Code Title 24 Sec. 1799U
- BRPT: shall mean the Board of Registered Polysomnographic Technologists or its successor organization. See Delaware Code Title 24 Sec. 1799U
- Council: means the Polysomnography Advisory Council. See Delaware Code Title 24 Sec. 1799U
- Fraud: Intentional deception resulting in injury to another.
- License: shall mean any document which indicates that a person is currently licensed by the Board to practice polysomnography. See Delaware Code Title 24 Sec. 1799U
- Polysomnographer: means an allied health professional, practicing polysomnography under the direction of a person licensed to practice medicine, who is responsible for direct and indirect services in the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with the human sleep wake cycle. See Delaware Code Title 24 Sec. 1799U
- Practice of polysomnography: means the performance of any of the following tasks as directly related to the diagnosis and treatment of sleep-related disorders, under the general supervision of a licensed physician:
(b) Persons licensed under this subchapter who have been determined to be in violation of this subchapter shall be subject to the following disciplinary actions:
(1) Issuance of a letter of reprimand.
(2) Censure.
(3) Placement on probationary status.
(4) Denial of license.
(5) Suspension of license.
(6) Revocation of license.
(7) Impose a monetary penalty not to exceed $500 for each violation.
(c) As a condition of reinstatement of a suspended license or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this subchapter.