2012 Delaware Code
Title 24 - Professions and Occupations
CHAPTER 5. PODIATRY
Subchapter II. License
§ 508. Qualifications of applicant; report to Attorney General; judicial review.

(a) An applicant who is applying for licensure as a podiatrist 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 Podiatric Medicine" or its equivalent from a college or school approved by the Council on Podiatric Education of the American Podiatric Medical Association, or the successor of such Council.

(2) Has satisfactorily completed a hospital residency program approved by the American Podiatric Medical Association (APMA) or a preceptorship in the office of a licensed podiatrist in this State, for a period of 1 year.

(3) Has satisfactorily completed the Podiatric Medical Licensing Examination for States (PMLEXIS); the minimum passing score shall be that score recommended by the testing service providing the examination.

(4) Shall not have been the recipient of any administrative penalties regarding the applicant's practice of podiatry, 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.

(5) Shall not have any impairment related to drugs, alcohol or a finding of mental incompetence by a physician that would limit the applicant's ability to undertake the practice of podiatry in a manner consistent with the safety of the public.

(6) Shall not have a criminal conviction record, nor pending criminal charge relating to an offense, the circumstances of which substantially relate to the practice of podiatry. Applicants who have criminal conviction records or pending criminal charges shall request appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the record or charge is substantially related to the practice of podiatry. After a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(6), if it finds all of the following:

a. For waiver of a felony conviction, 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.

b. 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.

c. The applicant is capable of practicing podiatry in a competent and professional manner.

d. The granting of the waiver will not endanger the public health, safety or welfare.

(7) Has not engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter, and has no disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has previously been or currently is licensed.

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

(c) 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.

33 Del. Laws, c. 66, § 9; 40 Del. Laws, c. 108, § 4; Code 1935, § 5387; 42 Del. Laws, c. 160, § 1; 24 Del. C. 1953, § 504; 53 Del. Laws, c. 108, § 4; 53 Del. Laws, c. 315, § 1; 58 Del. Laws, c. 511, § 51; 61 Del. Laws, c. 356, § 1; 64 Del. Laws, c. 39, § 1; 67 Del. Laws, c. 212, § 3; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 213, § 1; 74 Del. Laws, c. 262, § 14; 75 Del. Laws, c. 436, § 4; 77 Del. Laws, c. 199, § 4; 78 Del. Laws, c. 44, §§ 7, 8.;