SB 39 — AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF MEDICAL LICENSURE AND DISCIPLINE.

Summary

This Act is the result of the recommendation made by the Joint Legislative Oversight and Sunset Committee in its review of the Board of Medical Licensure and Discipline ("the Board") that the Division of Professional Regulation amend applicable statutes that are outdated and unnecessary, to provide for consistency with § 8735, Title 29 of the Delaware Code, relating to administrative procedures. Specifically, this Act permits the Board to utilize non-board member medical licensees as coinvestigators when specialties are required to opine on the disciplinary cases, as long as the co-investigator is licensed in the specialty at issue; creates administrative licensure for medical professionals who do not wish to practice medicine but serve as administrators in the state to applicants who meet all qualifications for licensure except active practice hours; removes antiquated language from Title 17 regarding hearing procedures and instead reiterates hearings are conducted pursuant to the Administrative Procedures Act; and deletes references to the removed language. Finally, this Act makes minor modifications to each of the sub-councils organized under the Board, to standardize procedures across each of the five councils. Specifically, the Act add a duty to report unprofessional conduct to Respiratory Care Practitioners, permits the Genetic Counselor Advisory Council and the Regulatory Council for Physician Assistants to waive their quarterly meeting requirement with the approval of the Board; clarifies that temporary licenses may be granted by each of the councils under the signature of the Executive Director and the council chair; and permits council members appointed to fill vacancies to serve out those vacancies, along with two three-year terms. The language submitted for this Act has not been corrected to conform the Act to the standards of the Delaware Legislative Drafting Manual.

Bill Text

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This bill modifies the Board of Medical Licensure and Discipline's structure, member compensation, investigative processes, and hearing procedures.

• 24 Del. C. § 1710

  and not more than a total of $500 for meetings attended in any calendar year. → and not more than a total of $1,500 for meetings attended in a calendar year, and may be reimbursed for all expenses involved in each meeting, including travel, according to Division policy.

  Increases the compensation limit for Board members for meetings attended annually.

• 24 Del. C. § 1710

  not more than $50 for each meeting attended, → not more than $100 for each meeting attended,

  Increases the per-meeting compensation for Board members.

• 24 Del. C. § 1713

  To utilize licensed medical professionals who are not Board members as co-investigators when a complaint’s allegations implicate unique subject matters.

  Allows the Board to employ external medical professionals as co-investigators for certain cases.

• 24 Del. C. § 1713

  The co-investigator who is not a Board member must possess particular expertise in the unique subject matter that is at issue when a co-investigator is needed under this paragraph.

  Requires non-Board co-investigators to have specific expertise relevant to the case.

• 24 Del. C. § 1720

  except that an applicant for an administrative medicine license shall not be required to show that the applicant has been engaged in the active practice of medicine, as defined in the Board’s regulations.

  Removes the requirement for administrative medicine license applicants to prove active practice of medicine.

• 24 Del. C. § 1733

  The Executive Director shall communicate with the Delaware Department of Justice, at least monthly, → The Executive Director shall communicate with the Delaware Department of Justice, at least monthly, regarding the status of complaints filed by law enforcement,

  Clarifies the Executive Director's communication responsibility with the Delaware Department of Justice concerning law enforcement complaints.

• 24 Del. C. § 1734

  The findings of fact made by the hearing panel are binding on the parties appearing before it and on the Board.

  Ensures hearing panel findings are binding on the Board unless contested.

• 24 Del. C. § 1734

  By the Board to enable the Board to make its own conclusions of law and determine what discipline, if any, should be imposed.

  Requires a formal hearing if the Board rejects the hearing panel's conclusions.

• 24 Del. C. § 1734

  will consider the findings of fact and conclusions of law made by the hearing panel at a formal hearing.

  Mandates that the Board must hold further hearings for contested findings.

Action History

1. July 21, 2017

   Signed by Governor

2. June 30, 2017

   Passed By House. Votes: 41 YES

3. June 14, 2017

   Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 2 Favorable, 2 On Its Merits

4. May 18, 2017

   Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

5. May 17, 2017

   Passed By Senate. Votes: 18 YES 3 ABSENT

6. May 17, 2017

   Passed By Senate. Votes: 18 YES 3 ABSENT

7. March 29, 2017

   Reported Out of Committee (Sunset) in Senate with 5 On Its Merits

8. March 22, 2017

   Introduced and Assigned to Sunset Committee in Senate

Sponsors

• John "Jack" Walsh · Primary
• Stephanie T. Bolden · Primary
• Stephanie L. Hansen · Cosponsor
• David P. Sokola · Cosponsor
• Brian Pettyjohn · Cosponsor
• Bryant L. Richardson · Cosponsor
• Timothy D. Dukes · Cosponsor
• Jeffrey N. Spiegelman · Cosponsor
• Andria L. Bennett · Cosponsor
• Gerald L. Brady · Cosponsor

Votes

Subjects