§ 2017 — Disciplinary sanctions

Delaware § 2017

• Jurisdiction: Delaware
• Title: 24
• Ch. 20: OCCUPATIONAL THERAPY
• Subch.: License

Text

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 or more of the conditions or violations under § 2015 of this title applies to a licensee:

(1) Issue a letter of reprimand.

(2) [Repealed.]

(3) Place the licensee on probationary status and require the licensee to do any of the following:

a. Report regularly to the Board upon the matters which are the basis of the probation.

b. Limit all practice and professional activities to those areas that the Board prescribes.

(4) Suspend the licensee’s license.

(5) Revoke the licensee’s license.

(6) Impose a monetary penalty not to exceed $500 for each violation.

(b) The Board may withdraw or reduce conditions of probation if it finds that the deficiencies which required the probation are remedied.

(c) If a formal or informal complaint concerning the activity of a licensee presents a clear and immediate danger to the public health, safety, or welfare, the Board may temporarily suspend the licensee’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee.

(1) An order temporarily suspending a license must not be issued unless the licensee or the licensee’s attorney receives at least 24 hours’ written or oral notice before the temporary suspension, so that the licensee or the licensee’s attorney may file a written response to the proposed suspension.

(2) The decision as to whether to issue the temporary order of suspension must be decided on the written submissions.

(3) An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order, unless the licensee requests a continuance of the hearing, in which case the order of temporary suspension remains in effect until the hearing is convened and the Board renders a decision.

(4) A licensee whose license has been temporarily suspended under this section may request an expedited hearing. Upon the licensee’s timely request, the Board shall schedule the hearing on an expedited basis. A request is timely if the licensee provides it to the Board within 5 calendar days from the date that the licensee received notice of the temporary suspension.

(d) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may impose disciplinary or corrective measures authorized under this chapter.

(e) The Board shall permanently revoke the license of a licensee who is convicted of a felony sexual offense.

Legislative History

65 Del. Laws, c. 172, § 1 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 293, § 1 ; 79 Del. Laws, c. 213, § 2 ; 79 Del. Laws, c. 277, § 6 ; 81 Del. Laws, c. 424, § 17