SB 39

Abstract

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Licensure and Discipline ("the Board") that the Division of Professional Regulation amend applicable statutes that are outdated and unnecessary, to provide for consistency with § 8735, Title 29 of the Delaware Code, relating to administrative procedures.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.