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Delaware Professional License Lawyers

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.

Hours

Monday-Friday:
9am – 5pm

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.

Delaware Professional Regulations Attorneys

We try cases before the Delaware professional licensing boards and the hearing officers selected by those boards to conduct their hearings. If a case is brought before the Division of Professional Regulation, a Delaware licensee is entitled to a hearing before any adverse action is taken in regards to his or her license.

Years

Attorneys

%

Committed

Service Areas

We Proudly Serve The Entire State of Delaware

With offices in Dover & Wilmington, Delaware, our firm is strategically located to provide expert legal representation for Division of Professional Regulation (DPR) cases.

Wilmington, Delaware

(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Directions & Map

Dover, Delaware

(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Directions & Map

“Nobody ever defended anything successfully, there is only attack and attack and attack some more.”

— General George S. Patton

F.A.Q.

Common Questions

I was asked by an investigator from Delaware Division of Professional Regulation to appear for an interview. Do I need a lawyer?

Before giving any statement to an investigator, you should consult with an attorney. In professional regulation cases, an attorney is in the best position to help protect legal rights. Because we have had numerous cases where the licensing investigation turned in a criminal investigation, we advise our clients never to speak to the Board Investigator – or to the police – without first speaking to an attorney.

I received a complaint from the Delaware Division of Professional Regulation. I need to file a written response. Do I need a lawyer?

A large component of our practice involves responding to complaints with the professional board in Delaware. Oftentimes, complaints are filed by disgruntled patients of former employees. It is best to have the counsel investigate the complaint, review relevant documents, interview the witnesses, and research the law and your legal defenses before filing a written response to a board complaint. Once you file your response, you may be bound by it!

I have a board hearing coming up, but I also have pending criminal charges. Do you do both?

Our law firm has both an active practice before the Delaware Division of Professional Regulation and an active practice handling criminal matters before the JP Courts, Court of Common Pleas, Superior Court, and Supreme Court of Delaware. Our attorneys include Matt Stiller (the Delaware DUI Defender), Bill Deely (former head of the Office of the Public Defender in Kent County, DE) and Ben Schwartz (former Superior Court conflict attorney with experience in major felony cases, including death penalty capital murder).

Do you handle cases involving “Mandatory Duty to Report” or “Mandatory Duty to Self-Report?”

There are multiple types of situations or cases where a physician, nurse, or other provider has a duty to report. Duties to report can involve the duty to report one’s self, or the duties to report may involve another person. We can provide opinion and counsel concerning the duties to report. We have advised medical practice groups in connection with reporting employees and former employees, physicians, nurses, and others. We are also available to provide representation to Delaware medical providers who themselves face board investigation or action for failing to report.

Do you handle professional licensing cases outside of Delaware?

There are multiple types of situations or cases where a physician, nurse, or other provider has a duty to report. Duties to report can involve the duty to report one’s self, or the duties to report may involve another person. We can provide opinion and counsel concerning the duties to report. We have advised medical practice groups in connection with reporting employees and former employees, physicians, nurses, and others. We are also available to provide representation to Delaware medical providers who themselves face board investigation or action for failing to report.

How do I handle a subpoena for billing records and patient charts from the Delaware Department of Insurance, the Delaware Department of Justice, or the Delaware Division of Professional Regulation?

Medical providers in Delaware are occasionally confronted with subpoenas from these Delaware agencies. Sometimes the reason for the subpoena is to investigate an allegation of Medicaid fraud that has come to the attention of the Medicaid Fraud Control Unit (MFCU) at the Delaware Department of Justice. Or perhaps the subpoena is part of an investigation into allegations of improper prescribing of opiates. Or maybe an automobile insurance company has complained to the state regulators about too many bills for passive modalities. Before responding to a subpoena from a state agency, you should have an attorney investigate and assist you or your practice in providing its response.

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Wilmington, Delaware

(302) 654-4930
PLEASE DIRECT ALL MAIL TO OUR DOVER, DELAWARE OFFICE
1525 Delaware Ave.
Wilmington DE 19806
Central Fax: (302) 678-8702
Directions & Map

Dover, Delaware

(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map