Delaware Administrative Code
Title 24 - Regulated Professions and Occupations
Department of State
Division of Professional Regulation
1700 - Board of Medical Licensure and Discipline
Section 1700-8.0 - Dishonorable or Unethical Conduct (24 Del.C. Section 1731(b)(3))
Universal Citation: 24 DE Admin Code 1700-8.0
Current through Register Vol. 28, No. 3, September 1, 2024
8.1 The phrase "dishonorable or unethical conduct likely to deceive, defraud, or harm the public" as used in 24 Del.C. § 1731(b)(3) shall include, but not be limited to, the following specific acts:
8.1.1 A pattern of performance of unnecessary medical procedures.
8.1.2 Exploitation of the doctor/patient privilege for personal gain or sexual gratification.
8.1.3 Sexual impropriety including, but not limited to, sexually suggestive behavior, gestures, expressions, statements and failure to respect a patient's privacy.
8.1.4 Fraudulent billing for medical services.
8.1.5 Intentional falsification of records maintained for controlled substances and non-controlled drugs.
8.1.6 Fraudulent advertising.
8.1.7 Willfully failing to treat a person under the physician's care who requires such treatment.
8.1.8 Intentional release of confidential information gained as a result of the doctor/patient privilege, unless such release was authorized by the patient or required by subpoena.
8.1.9 Payment of a fee by a physician to another physician who has referred the patient to him, unless the fee is in proportion to work actually performed by the referring physician.
8.1.10 Willful failure to disclose to a patient that a referring physician has the financial interest in an ancillary testing or treatment facility outside of the physician's office.
8.1.11 Failure to comply with administrative requirements of the Board including failure to comply with continuing medical education requirements.
8.1.12 Failure to comply with the Board's regulations governing the use of controlled substances for the treatment of pain.
8.1.13 Failure to adequately maintain and properly document patient records.
8.1.14 Failure to provide access to patient records.
8.1.15 Inappropriate or disruptive behavior as defined in the AMA code of ethics.
8.1.16 Any other act tending to bring discredit upon the profession.
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