24 Del. Admin. Code § 1725-5.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1725-5.0 - Disciplinary Proceedings

5.1 The license of a polysomnographer found to have committed unprofessional conduct may be subject to revocation, suspension, probation, denial, non-renewal, fine, censure, or a letter of reprimand.

5.2 Unprofessional conduct includes any act of fraud, deceit, incompetence, negligence, dishonesty or other behavior in the licensee's professional activity which is likely to endanger the public health, safety, or welfare including, without limitation, the following:

5.2.1 Performing acts beyond the scope of authorized practice by a polysomnographer to include violations of24Del.C.§ 1799A A et seq. or of these regulations;

5.2.2 Assuming duties and responsibilities within the practice of polysomnography without adequate preparation or supervision or when competency has not been maintained;

5.2.3 Performing new polysomnographic techniques and/or procedures without adequate education and practice or without proper supervision;

5.2.4 Failing to take appropriate action or follow policies and procedures in the practice situation designed to safeguard the patient from incompetent, unethical or illegal health care practices;

5.2.5 Inaccurately recording on, falsifying or altering a patient or agency record;

5.2.6 Committing verbal, physical or sexual abuse or harassment of patients or co-employees;

5.2.7 Assigning unqualified persons to perform the practice of licensed polysomnographers;

5.2.8 Delegating polysomnography responsibilities to unqualified persons;

5.2.9 Failing to supervise persons to whom polysomnographic responsibilities have been properly delegated;

5.2.10 Leaving a patient assignment in circumstances which endangers the patient except in documented emergency situations;

5.2.11 Failing to safeguard a patient's dignity and right to privacy in providing polysomnography services which shall be provided without regard to race, color, creed or status;

5.2.12 Violating the confidentiality of information concerning a patient except where disclosure is required by law;

5.2.13 Practicing polysomnography when unfit to perform procedures and make decisions when physically, psychologically, or mentally impaired;

5.2.14 Diverting drugs, supplies, or property of a patient or agency or attempting to do so;

5.2.15 Diverting, possessing, obtaining, supplying or administering prescription drugs to any person, including self, except as directed by a person authorized by law to prescribe drugs or attempting to do so;

5.2.16 Providing polysomnography services in this State without a currently valid license or without other lawful authority to do so;

5.2.17 Allowing another person to use his/her license to provide polysomnography services for any purpose;

5.2.18 Aiding, abetting and/or assisting an individual to violate or circumvent any law or duly promulgated rule or regulation intended to guide the conduct of a polysomnographer or other health care provider;

5.2.19 Resorting to, or aiding in any fraud, misrepresentation or deceit directly or indirectly in connection with acquiring or maintaining a license to practice polysomnography;

5.2.20 Failing to report unprofessional conduct by another polysomnographer licensee;

5.2.21 Failing to provide polysomnography to a patient in accordance with the orders of the responsible physician without just cause;

5.2.22 Violating a lawful provision of Title 24, Chapter 17 or any lawful regulation established thereunder.

24 Del. Admin. Code § 1725-5.0

17 DE Reg. 1094 (5/1/2014) (Final)