Current through Register Vol. 28, No. 3, September 1, 2024
Authority. Pursuant to 74 Del. Laws. c.262, (Senate Bill
No. 229 of the 142nd General Assembly, 2004, as amended), the Board was
directed to promulgate regulations specifically identifying those crimes which
are substantially related to the practice of dentistry and dental
hygiene.
Purpose. The Board of Dentistry and Dental Hygiene believes
that the State of Delaware has a compelling public policy interest in ensuring
that its licensed professionals not only have specified levels of educational
and professional competence but also possess sufficient character and judgment
necessary to practice safely in their chosen fields and to do so in a manner
which will not undermine the community's confidence in the expertise and
professionalism of the members of the profession. Licensed professionals,
particularly those in health care related fields, often come into contact with
clients and patients and other members of the public at times when they may be
sick, infirmed or otherwise extremely vulnerable to undue influence or other
forms of misuse, fraud and abuse. It is therefore critical that all reasonable
steps are taken to determine, to the extent possible, that the regulation of
such professionals takes into consideration not only the individual's technical
competence but his or her demonstrated propensity to behave in a way that does
not expose the client population to risk or diminish legitimate expectations of
honest and honorable behavior by such licensed health care professionals.
Therefore, the Board finds that for purposes of licensing, renewal,
reinstatement and discipline, the conviction of any of the following crimes, or
of the attempt to commit or a conspiracy to commit or conceal the following
crimes or substantially similar crimes in another state or jurisdiction, is
deemed to be substantially related to the practice of Dentistry and Dental
Hygiene in the State of Delaware without regard to the place of
conviction:
Definitions.
"Conviction", unless otherwise defined by specific statute,
means a verdict of guilty by whether entered by a judge or jury, or a plea of
guilty or a plea of nolo contendere or other similar plea such as a "Robinson"
or "Alford" plea unless the individual has been discharged under §4218 of
Title 11 of the Delaware Code (probation before judgment) or under §1024
of Title 10 (domestic violence diversion program) or by §4764 of Title 16
(first offenders controlled substances diversion program).
"Substantially similar crimes in another state or
jurisdiction" includes all crimes prohibited by or punishable under Title 18 of
the United Stated Code Annotated (U.S.C.A.) such as, but not limited to,
Federal Health Care offenses.
11.1 Any
crime which involves the use of physical force or violence toward or upon the
person of another and shall include by way of example and not of limitation the
following crimes set forth in Title 11 of the Delaware Code Annotated:
Assaults and Related Offenses
11.1.1
§602(b). Aggravated
Menacing;
11.1.2
§603.
Reckless endangering in the second degree;
11.1.3
§604. Reckless endangering in the
first degree;
11.1.4
§605.
Abuse of a pregnant female in the second degree;
11.1.5
§606. Abuse of a pregnant female
in the first degree;
11.1.6
§611. Assault in the third degree;
11.1.7
§612. Assault in the second
degree;
11.1.8
§613. Assault
in the first degree;
11.1.9
§614. Abuse on a sports official;
11.1.10
§615. Assault by abuse or
neglect;
11.1.11
§616. Gang
Participation;
11.1.12
§621.
Terroristic threatening;
11.1.13
§625. Unlawfully administering drugs;
11.1.14
§626. Unlawfully administering
controlled substance or counterfeit substance or narcotic drugs;
11.1.15
§629. Vehicular assault in the
first degree;
11.1.16
§630.
Vehicular homicide in the second degree;
11.1.17
§630A. Vehicular homicide in the
first degree;
11.1.18
§631.
Criminally negligent homicide;
11.1.19
§632. Manslaughter;
11.1.20
§633. Murder by abuse or neglect
in the second degree;
11.1.21
§634. Murder by abuse or neglect in the first degree;
11.1.22
§635. Murder in the second
degree;
11.1.23
§636. Murder
in the first degree;
Sexual Offenses
11.1.24
§763. Sexual
harassment;
11.1.25
§764.
Indecent exposure in the second degree;
11.1.26
§765. Indecent exposure in the
first degree;
11.1.27
§766.
Incest;
11.1.28
§767. Unlawful
sexual contact in the third degree;
11.1.29
§768. Unlawful sexual contact in
the second degree;
11.1.30
§769. Unlawful sexual contact in the first degree;
11.1.31
§770. Rape in the fourth
degree;
11.1.32
§771. Rape in
the third degree;
11.1.33
§772. Rape in the second degree;
11.1.34
§773. Rape in the first
degree;
11.1.35
§774. Sexual
extortion;
11.1.36
§776.
Continuous sexual abuse of a child;
11.1.37
§780. Female genital mutilation;
Kidnapping and Related Offenses
11.1.38
§781. Unlawful imprisonment in
the second degree;
11.1.39
§782. Unlawful imprisonment in the first degree;
11.1.40
§783. Kidnapping in the second
degree;
11.1.41
§783A.
Kidnapping in the first degree;
11.2 Any crime which involves dishonesty or
false, fraudulent or aberrant behavior and shall include by way of example and
not of limitation the following crimes listed in Title 11 of the Delaware Code
Annotated:
Arson and Related Offenses
11.2.1
§801. Arson in the third
degree;
11.2.2
§802. Arson in
the second degree;
11.2.3
§803. Arson in the first degree;
Criminal Trespass and Burglary
11.2.4
§820. Trespassing with intent to
peer or peep into a window or door of another;
11.2.5
§823. Criminal trespass in the
first degree;
11.2.6
§824.
Burglary in the third degree;
11.2.7
§825. Burglary in the second
degree;
11.2.8
§826. Burglary
in the first degree;
11.2.9
§828. Possession of burglar's tools or instruments facilitating theft;
Robbery
11.2.10
§831. Robbery in the second
degree;
11.2.11
§832. Robbery
in the first degree;
11.2.12
§835. Carjacking in the second degree;
11.2.13
§836. Carjacking in the first
degree;
Theft and Related Offenses
11.2.14
§840. Shoplifting; class G
felony;
11.2.15
§841.
Theft;
11.2.16
§841C
Possession or theft of a prescription form or a pad.
11.2.17
§854. Identity theft;
Forgery and Related Offenses
11.2.18
§861. Forgery; class F
felony;
11.2.19
§862.
Possession of forgery devices;
Bribery Not Involving Public Servants
11.2.20
§881. Bribery;
11.2.21
§882. Bribe receiving;
Frauds on Creditors
11.2.22
§891. Defrauding secured
creditors;
11.2.23
§892. Fraud
in insolvency;
Other Frauds and Cheats
11.2.24
§900. Issuing a bad check
(felony);
11.2.25
§903.
Unlawful use of a payment card;
11.2.26
§907A. Criminal impersonation,
accident related;
11.2.27
§907B. Criminal impersonation of a police officer, firefighter, emergency
medical technician (EMT), paramedic or fire police;
11.2.28
§913. Insurance fraud;
11.2.29
§913A. Health care
fraud;
11.2.30
§917. New home
construction fraud;
11.3
Any crime which involves misuse or abuse of children or animals and shall
include by way of example and not of limitation the following crimes listed in
Title 11 of the Delaware Code Annotated:
Child Welfare; Sexual Offenses, Animal Offenses
11.3.1
§1100A. Dealing in
children;
11.3.2
§1101.
Abandonment of child;
11.3.3
§1102. Endangering the welfare of a child;
11.3.4
§1105. Crime against a vulnerable
adult;
11.3.5
§1106.
Unlawfully dealing with a child;
11.3.6
§1107. Endangering
children;
11.3.7
§1108. Sexual
exploitation of a child;
11.3.8
§1109. Dealing in child pornography;
11.3.9
§1111. Possession of child
pornography;
11.3.10
§1112.
Sexual offenders; prohibitions from school zones;
11.3.11
§1112A Sexual solicitation of a
child;
11.3.12
§1113 Criminal
non-support and aggravated criminal non-support;
11.3.13
§1114A.
Tongue-splitting;
11.3.14
§1325. Cruelty to animals;
11.3.15
§1326. Animals; fighting and
baiting prohibited;
11.4
Any crime which involves offenses against the public order the commission of
which may tend to bring discredit upon the profession and which are thus
substantially related to one's fitness to practice such profession and shall
include by way of example and not of limitation the following crimes listed in
Title 11 of the Delaware Code Annotated:
Bribery and Improper Influence
11.4.1
§1201. Bribery;
11.4.2
§1203. Receiving a
bribe;
11.4.3
§1207. Improper
influence;
11.4.4
§1211.
Official Misconduct;
11.4.5
§1212. Profiteering;
Perjury, Escape and related offenses
11.4.6
§1221. Perjury in the third
degree;
11.4.7
§1222. Perjury
in the second degree;
11.4.8
§1223. Perjury in the first degree;
11.4.9
§1233. Making a false written
statement;
11.4.10
§1239.
Wearing a disguise during commission of a felony;
11.4.11
§1240. Terroristic threatening
of public officials or public servants;
11.4.12
§1244. Felony hindering
prosecution;
11.4.13
§1245.
Felony false reporting an incident
11.4.14
§1252. Felony escape;
11.4.15
§1253. Escape after
conviction.
11.4.16
§1254.
Assault in a detention facility;
11.4.17
§1256. Felony promoting prison
contraband;
Offenses Relating to Judicial and Similar
Proceedings
11.4.18
§1261. Bribing a witness;
11.4.19
§1262. Bribe receiving by a
witness;
11.4.20
§1263.
Tampering with a witness;
11.4.21
§1263A. Interfering with child witness;
11.4.22
§1264. Bribing a
juror;
11.4.23
§1265. Bribe
receiving by a juror;
11.4.24
§1266. Tampering with a juror;
11.4.25
§1267. Misconduct by a
juror;
11.4.26
§1269.
Tampering with physical evidence.
11.5 Any crime which involves offenses
against a public health order and decency which may tend to bring discredit
upon the profession, specifically including the below listed crimes from Title
11 of the Delaware Code Annotated which evidence a lack of appropriate concern
for the safety and well being of another person or persons in general or
sufficiently flawed judgment to call into question the individuals ability to
make health care decisions or advise upon health care related matters for other
individuals.
Disorderly Conduct and Related Offenses
11.5.1
§1302. Riot;
11.5.2
§1304. Hate crimes;
11.5.3
§1312A. Felony
Stalking;
11.6 Any crime
which involves the illegal possession or the misuse or abuse of narcotics, or
other addictive substances and those non-addictive substances with a
substantial capacity to impair reason or judgment and shall include by way of
example and not of limitation the following crimes listed in Chapter 47 of
Title 16 of the Delaware Code Annotated:
11.6.1
§4798. Misuse of the
PMP;
11.6.2
§4752. Drug
dealing--Aggravated possession; Class B felony;
11.6.3
§4753. Drug dealing-Aggravated
possession; Class C felony;
11.6.4
§4754. Drug dealing-Aggravated possession; Class D felony;
11.6.5
§4758. Unlawful dealing in a
counterfeit or purported controlled substance;
11.6.6
§4756 Drug dealing-Aggravated
possession; Class F felony;
11.6.7
§4757 Miscellaneous drug crimes; Class B, C, and F Felonies;
11.6.8
§4774.Drug
paraphernalia;
11.7 Any
crime which involves the misuse or illegal possession or sale of a deadly
weapon or dangerous instrument and shall include by way of example and not of
limitation the following crimes listed in Title 11 of the Delaware Code
Annotated:
Offenses Involving Deadly Weapons and Dangerous
Instruments
11.7.1
§1442.
Carrying a concealed deadly weapon;
11.7.2
§1445. Felony unlawfully dealing
with a dangerous weapon;
11.7.3
§1447. Possession of a deadly weapon during commission of a
felony;
11.7.4
§1447A.
Possession of a firearm during commission of a felony;
11.7.5
§1448. Possession and purchase of
deadly weapons by persons prohibited;
11.7.6
§1450. Receiving a stolen
firearm;
11.7.7
§1451. Theft
of a firearm;
11.7.8
§1454.
Giving a firearm to person prohibited;
11.7.9
§1455. Engaging in a firearms
transaction on behalf of another;
11.7.10
§1456. Unlawfully permitting a
minor access to a firearm;
11.7.11
§1457. Felony Possession of a weapon in a Safe School and Recreation
Zone;
11.7.12
§1458. Removing
a firearm from the possession of a law enforcement officer;
11.7.13
§1459. Possession of a weapon
with a removed, obliterated or altered serial number;
11.7.14
§1471. Prohibited Acts; Offenses
Involving Organized Crime and Racketeering
11.7.15
§1504. Criminal Penalties for
Organized Crime & Racketeering;
Offenses Involving Intimidation of Victims or
Witnesses
11.7.16
§3533. Aggravated act of intimidation;
11.8 Other Crimes
Title 16 Health and Safety
11.8.1
§1136. Abuse or neglect of a
patient or resident of a nursing facility;
Title 23 Navigation and Waters
11.8.2
§2302. Operation of a vessel or
boat while under the influence of intoxicating liquor and/or drugs (felony);
Title 30 State Taxes
11.8.3
§571. Attempt to evade or defeat
tax; class E felony;
11.8.4
§572. Failure to collect or pay over tax; class E felony;
11.8.5
§573. Failure to file return,
supply information or pay tax; class A misdemeanor;
11.8.6
§574. Fraud and false statements;
class E felony;
Title 21 Motor Vehicles
11.8.7
§4177. Felony Driving a vehicle
while under the influence or with a prohibited alcohol content;
evidence;
11.8.8
§4177M.
Operating a commercial motor vehicle with a prohibited blood alcohol
concentration or while impaired by drugs;
11.8.9
§4202. Felony Duty of driver
involved in accident resulting in injury or death to any person;
penalty;
11.8.10
§6704.
Receiving or transferring stolen vehicle; penalty;
Title 12 Descendants' Estates
11.8.11
§210. Alteration, Theft or
Destruction of Will
Title 16 Health & Safety
11.8.12
§2513. Felony Penalties Relating
To Improper Health-Care Decisions;
11.8.13
§7113. Felony Penalties for
Violations of Chapter;
11.8.14
§7416. Penalties for Violating Statute Governing Radiation Control;
Title 24 Professions and Occupations
11.8.15
§903. Deadly Weapons Dealers -
Sale to Persons under 21 or Intoxicated Persons;
Title 31 Welfare
11.8.16
§3913. Felony Violations -
Knowing or Reckless Abuse of an Adult Who Is Impaired.
11.9 Any crime which is a violation of either
Title 24, Chapter 11 (Board of Dental Examiners) as it may be amended from time
to time or of any other statute which requires the reporting of a
medical/dental situation or condition to state, federal or local authorities or
a crime which constitutes a violation of the dental or hygiene practice act of
the state in which the conviction occurred or in which the dentist or dental
hygienist is licensed.
11.10 The
Board reserves the jurisdiction and authority to modify this regulation as and
if it becomes necessary to either add or delete crimes including such additions
as may be required on an emergency basis under 29 Del.C. §
10119 to address imminent peril to
the public health, safety or welfare.
