Professional Regulation and Criminal Liability in Delaware
Lorna J. Granston
Dr. J. Kaplan
There are statutes that regulate health care professional on a federal level. It can be difficult to regulate professional on that level, therefore, there are also regulatory bodies on the State level. Regulatory statutes on the State level can offer specific policy and procedures for professional licensure, credentialing, certification and registration for those in health care. Each State in responsible for having specific regulation. Per the American Medical Association (AMA),” the process of obtaining a medical license--either initial licensure or a second or subsequent ...view middle of the document...
* Issue and renew licenses for qualified professionals and business entities.
* Maintain a licensing database to provide the public with vital licensure information, to notify licensees of renewal periods and continuing education requirements and to assist state and federal agencies in accomplishing their missions.
* Respond to inquiries from the public, other state and national agencies and private organizations regarding Delaware licensed professionals.
* Investigate complaints from the public who are the recipients of the professional services.
* Partner with the Attorney General's Office to coordinate complaint disposition and disciplinary proceedings in accordance with the Administrative Procedures Act.
* Oversee all board/commission activities to ensure that testing, licensing, disciplinary proceedings, rule-making and other regulatory activities are completed in an efficient manner and in compliance with the Delaware Code and applicable rules and regulations.
This agency is the authority for the two major regulatory boards in Delaware. The Board of Medical Licensure and Discipline and the Board of Nursing handle the licensure and certification of the majority of the health care professionals that practice in the State of Delaware. The Board has specific goals in order to meet is objectives:
* Develops standards for professional competency
* Promulgates rules and regulations
* Adjudicates complaints against professionals and imposes disciplinary sanctions, when needed
These objectives are the guidelines used when supporting the health care professionals in Delaware.
One of the most important function of the Board of Medical Licensure and Discipline is to set requirements for licensure in the state of Delaware. The Medical Act states that in order for a person to practice medicine in the State of Delaware the following must be met:
* Has a certificate to practice medicine issued by the Board of Medical Licensure and Discipline;
* Registers the certificate to practice medicine and renews it biennially; and
* If required, has an occupational license pursuant to Part III of Title 30.
The Board issues physician (M.D. and D.O.) licenses and physician training licenses to residents, interns, fellows and house physicians. The Board also issues licenses these additional healthcare professions: physician assistants, respiratory care practitioners, acupuncture practitioners, acupuncture detoxification specialists, genetic counselors and polysomnographers (Delaware Department of State, 2014). In addition, a council for each of these healthcare professions advises and assists the Board on licensure and regulatory matters involving the specific professions. There different requirements set for each type of profession. For example there are specific requirements for physician licensure which are different from physician assistant licensure. All health care professionals are required to submit an...