Bill Text: DE SB33 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Specific Offenses.
Spectrum: Slight Partisan Bill (Democrat 18-6)
Status: (Passed) 2009-05-22 - Signed by Governor [SB33 Detail]
Download: Delaware-2009-SB33-Draft.html
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SPONSOR: |
Sen. Blevins & Rep. Barbieri ; |
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Sens. Bushweller, Hall-Long, Henry, Sorenson, Cloutier; Reps. Bennett, Q. Johnson, Keeley, Lavelle, Mitchell, Schooley, Walker |
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DELAWARE STATE SENATE 146th GENERAL ASSEMBLY |
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SENATE BILL NO. 33 |
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AN ACT TO AMEND THE MEDICAL PRACTICE ACT, TITLE 24, CHAPTER 17 OF THE DELAWARE CODE RELATING TO LICENSURE OF PHYSICIAN ASSISTANTS. |
Amend §1773(c)(1)of Title 24 of the Delaware Code by striking that subsection in its entirety and replacing it with the following:
"(c)(1) The Board, in conjunction with the Regulatory Council for Physician Assistants, shall suspend, revoke, or restrict the license of a physician assistant or take disciplinary action or other action against a physician assistant for engaging in unprofessional conduct as defined in §1731(b) of this title; or for the inability to render delegated medical acts with reasonable skill or safety to patients because of the physician assistant's physical, mental, or emotional illness or incompetence, including but not limited to deterioration through the aging process, or loss of motor skills, or excessive use of drugs, including alcohol; or for representing himself or herself as a physician, or for knowingly allowing himself or herself to be represented as a physician; for failing to report in writing to the Board within 30 days of becoming aware of any physician, physician assistant, or healthcare provider who the licensee reasonably believes has engaged in unprofessional conduct as defined in § 1731(b) of this title or is unable to act with reasonable skill or safety to patients because of the physician's, physician assistant's, or other healthcare provider's physical, mental, or emotional illness or incompetence, including but not limited to deterioration through the aging process, or loss of motor skills, or excessive use of drugs, including alcohol, however noperson who makes such a report in good faith shall be subject to civil damages or criminal prosecution for reporting ;for failing to report child abuse and neglect as required by §903 of Title 16. The license of any physician assistant who is convicted of a felony sexual offense shall be revoked.Disciplinary action or other action undertaken against a physician assistant must be in accordance with the procedures, including appeal procedures, applicable to disciplinary actions against physicians pursuant to Subchapter IV of this chapter, except that a hearing panel for a complaint against a physician assistant consists of 3 unbiased members of the Regulatory Council, the 3 members being 2 physician assistant members and 1 physician or pharmacist member if practicable.".
SYNOPSIS
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This bill adds to the section on grounds for disciplinary action the requirement that a physician's assistant report to the Board any doctor, physician assistant or healthcare provider who is reasonably believed to be guilty of unprofessional conduct or physically or mentally incapable of practicing medicine, although no one who makes a good faith report shall be civilly or criminally liable for reporting. It further makes a licensee subject to discipline for failing to report child abuse or neglect as required by 16 Del. C. §903, and provides for revocation of the license of any physician assistant who is convicted of a felony sexual offense. |
Author: Senator Blevins
