Delaware Code Title 24 Sec. 2616 – Grounds for discipline
(a) A person licensed under this chapter performing physical therapy or athletic training services is subject to the disciplinary sanctions set forth in § 2620 of this title if, after a hearing, the Board finds that the licensee has:
(1) Practiced physical therapy or acted as a physical therapist assistant or athletic trainer in violation of this chapter and rules and regulations promulgated thereunder;
(2) Obtained or attempted to obtain licensure by fraud or misrepresentation;
(3) Illegally, incompetently, or negligently practiced physical therapy or athletic training;
(4) Been convicted of a crime that is substantially related to the practice of physical therapy or athletic training in the courts of this State or any other state, territory or country. “Conviction,” as used in this paragraph, shall include a finding or verdict of guilt, an admission of guilt or a plea of nolo contendere;
(5) Habitually indulged in the use of narcotics or other habit forming drugs, or excessively indulged in the use of alcohol;
(6) Had a license to practice physical therapy or license to act as a physical therapist, physical therapist assistant, or athletic trainer revoked or suspended, has had other disciplinary action taken or an application for licensure has been refused, revoked, or suspended by the proper authorities of another state, territory or country;
(7) Been guilty of unprofessional conduct as adopted in the Board’s rules and regulations. Unprofessional conduct shall include departure from or the failure to conform to the minimal standards of acceptable and prevailing physical therapy practice or athletic training practice, in which preceding actual injury to a patient need not be established;
(8) Engaged directly or indirectly in the division, transferring, assigning, rebating or refunding of fees received for professional services or who profits by means of a credit or other valuable consideration such as wages, an unearned commission, discount or gratuity with any person who referred a patient, or with any relative or business associate of the referring person. Nothing in this paragraph shall be construed as prohibiting the members of any regularly and properly organized business entity recognized by Delaware law and comprised of physical therapists or athletic trainers from making any division of their total fees among themselves as they determine by contract necessary to defray their joint operating costs;
(9) The Board shall permanently revoke the certificate to practice physical therapy or athletic training of a person who is convicted of a felony sexual offense.
(10) Violated a provision of this chapter or a rule or regulation promulgated by the Board under this chapter;
(11) Failed to notify the Board that the licensee’s license in another jurisdiction 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 of a license shall be conclusive evidence thereof; or
(12) Been convicted of a felony sexual offense.
Terms Used In Delaware Code Title 24 Sec. 2616
- 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.
- Athletic trainer: means a person who is licensed by the State Examining Board of Physical Therapists and Athletic Trainers, to practice "athletic training" after meeting the requirements of this chapter and rules and regulations promulgated pursuant thereto. See Delaware Code Title 24 Sec. 2602
- Athletic training: means the prevention, evaluation, and treatment of athletic injuries by the utilization of therapeutic exercises and modalities such as heat, cold, light, air, water, sound, electricity, massage, and nonthrust mobilizations. See Delaware Code Title 24 Sec. 2602
- Board: means the State Examining Board of Physical Therapists and Athletic Trainers which shall administer and enforce this chapter. See Delaware Code Title 24 Sec. 2602
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Division: means the Delaware Division of Professional Regulation. See Delaware Code Title 24 Sec. 2602
- 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.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Physical therapist: means a person who is licensed to practice physical therapy. See Delaware Code Title 24 Sec. 2602
- Physical therapist assistant: means a person who assists licensed physical therapists subject to this chapter and rules and regulations adopted pursuant thereto. See Delaware Code Title 24 Sec. 2602
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Practice of physical therapy: means :
- State: means the State of Delaware. See Delaware Code Title 24 Sec. 2602
- Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of physical therapy or athletic training. See Delaware Code Title 24 Sec. 2602
- Verdict: The decision of a petit jury or a judge.
(b) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court in accordance with Chapter 101 of Title 29. Upon such appeal, the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
(c) [Repealed.]
(d) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license.
24 Del. C. 1953, §§ ?2613, 2615; 50 Del. Laws, c. 367, § ?1; 64 Del. Laws, c. 192, § ?1; 67 Del. Laws, c. 97, §§ ?21-25; 68 Del. Laws, c. 71, § ?2; 70 Del. Laws, c. 186, § ?1; 73 Del. Laws, c. 125, § ?11; 74 Del. Laws, c. 262, § ?49; 79 Del. Laws, c. 213, § ?2; 79 Del. Laws, c. 277, § ?9; 79 Del. Laws, c. 406, § ?17;