2012 Delaware Code
Title 24 - Professions and Occupations
CHAPTER 26. PHYSICAL THERAPY AND ATHLETIC TRAINING
§ 2616. Grounds for refusal, suspension or revocation of license or registration; penalties for violations of chapter.

(a) The Board, after due notice and hearing as provided in rules and regulations promulgated by the Board, may refuse to license or register any applicant or may refuse to renew the license or registration of any person or may suspend or revoke the license or registration of any licensed or registered person who:

(1) Practices physical therapy or acts as a physical therapist assistant or athletic trainer in violation of this chapter and rules and regulations promulgated thereunder;

(2) Attempts to or obtains licensure or registration by fraud or misrepresentation;

(3) Commits repeated acts of negligence or incompetence in the practice of physical therapy or acting as a physical therapist assistant or athletic trainer;

(4) Has 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 indulges in the use of narcotics or other habit forming drugs, or excessively indulges in the use of alcoholic liquors;

(6) Has had the license to practice physical therapy or registration or license to act as a physical therapist, physical therapist assistant or athletic trainer, revoked or suspended or has had other disciplinary action taken or an application for licensure or registration has been refused, revoked or suspended by the proper authorities of another state, territory or country;

(7) Has been guilty of unprofessional conduct as adopted in rules and regulations hereto. 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 proceeding actual injury to a patient need not be established;

(8) Engages 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. This paragraph shall not apply to physical therapist or athletic trainer positions currently held by physical therapists or athletic trainers employed by licensed medical and osteopathic physicians.

(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) Any person who is licensed or registered by the Board or who is an applicant for licensure or registration by the Board, against whom are preferred any of the charges for causing the revocation or suspension of a license or registration, shall be cited by the Board and shall after due notice have a hearing before the Board or before a hearing examiner as determined by the Board.

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.;