Thank you for visiting Delaware.law, a topical website dedicated to licensing and regulation of medical and ancillary medical treatment providers by the Delaware Division of Professional Regulation, and other legal issues that affect Delaware medical practices.
This website was created and is maintained by Attorneys Rob Collins and Ben Schwartz, who frequently represent doctors, nurses, physical therapists, massage therapists, chiropractors, veterinarians, and others, in cases before the professional licensing boards under the jurisdiction of the Division of Professional Regulation.
This website is intended to benefit other attorneys by providing helpful information relating to matters pending before the Delaware DPR. This website is also intended to provide general information for medical treatment providers who find themselves in need of assistance with a Delaware licensing issue or complaint.
The Delaware DPR is made up of licensing boards for individual professions. For example, medical doctors and osteopaths are licensed and regulated by the Board of Medical Licensure and Discipline; nurses by the Board of Nursing; PTs and OTs by the Examining Board of Physical Therapists and Athletic Trainers and the Board of Occupational Therapy Practice; chiropractors by the Board of Chiropractic; etc. In addition, professionals prescribing controlled substances are regulated by the Office of Controlled Substances which is also a part of the Delaware Division of Professional Regulation.
Some examples of matters we have handled include the following:
- Investigated and responded to a Complaint lodged with the Board of Medical Licensure and Discipline on behalf of a physician where a disgruntled former patient alleged unlawful prescribing practices and abandonment by the physician. (No adverse action taken).
- Investigated and responded to a Complaint filed with the Board of Medical Licensure and Discipline relating to prescribing narcotic pain medication for a patient who was receiving narcotics from a different medical provider and where our client did not examine the Delaware Prescription Monitoring Program (PMP) database. (No adverse action taken).
- Investigated and responded to a Complaint before the Board of Medical Licensure and Discipline relating to a physician’s lack of documentation and prescribing practices (Consent Agreement, probation, public reprimand).
- Appeared before a hearing officer and presented evidence in response to a Rule to Show Cause issued by the Delaware Board of Medical Licensure and Discipline in a case where the physician risked being sanctioned for failing to comply with mandatory Continuing Medical Education requirements under the Delaware Medical Practice Act. (Very small fine, additional time given to complete CMEs).
- Investigated and responded to a Complaint filed with the Board of Nursing on behalf of a nurse who was accused of negligently allowing a special needs adult with a known danger of choking to have unsupervised access to food, causing the patient to choke to death. (No adverse action taken after demonstrating a different nurse was more likely at fault.)
- Investigated and responded to a Complaint filed with the Board of Nursing on behalf of a Pennsylvania-licensed nurse who was accused of practicing in Delaware without a license when she gave flu shots to co-workers in her Delaware hospital. (No adverse action taken.)
- Represented a medical doctor before the Board of Medical Licensure and Discipline seeking to lift a license suspension for violating terms of professional probation. (License reinstated, previously-ordered probation reduced by eleven months.)
This is a small sampling of the cases we have handled for physicians and other medical providers, and by all means, we should mention that past success is no guarantee of future results. If you find yourself (or your client finds herself or himself) on the wrong end of a Delaware licensing board complaint or investigation, please feel free to contact us.