16 Del. Admin. Code § 4466-9.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4466-9.0 - Discipline, Sanctions, Hearing Procedures, and Appeals

9.1 Grounds for Denial of a Certificate or Discipline of a Certificate Holder

9.1.1 Any denial of an application for a certificate or discipline of a certificate holder may be made by the Authority or the Agency based upon any of the following:

9.1.1.1 Any false or misleading statement or nondisclosure of any information requested during the application or renewal process or during any investigation of the certificate holder;

9.1.1.2 Any prior discipline or administrative action against the applicant or certificate holder by any agency or jurisdiction including but not limited to Delaware of or concerning the applicant's or certificate holder's actions or inactions in connection with performance as a radiation technologist or similar occupation;

9.1.1.3 Any plea of guilty or nolo contendere to or any conviction of any felony or class A misdemeanor or any crime substantially related to the practice involving radiation technology; a pardon does not affect the application of the foregoing;

9.1.1.4 Any dishonorable, unethical or other conduct likely to deceive, defraud or harm the public;

9.1.1.5 The practice of radiation technology or other activity regulated by the Authority without a certificate or other authorizing document or under a false or assumed name;

9.1.1.6 Misconduct, including but not limited to sexual misconduct, incompetence, or gross negligence or pattern of negligence in the practice of radiation technology or other activity regulated by the Authority;

9.1.1.7 Assisting an unauthorized person to practice any activity for which you hold a certificate;

9.1.1.8 Any physical or mental impairment which substantially limits the ability to perform the essential functions of the practice which is authorized by the certificate; with or without reasonable accommodation;

9.1.1.9 Conduct that would constitute a crime substantially related to the practice for which a certificate has been issued, or the practice of radiation technology;

9.1.1.10 Has engaged in any unprofessional conduct, or the willful neglect of a patient;

9.1.1.11 The practice for which a certificate has been applied for or has been issued under a false or assumed name or identity;

9.1.1.12 Excessive use or abuse of drugs including alcohol;

9.1.1.13 Any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest, or unethical practice in connection with the practice regulated by the Authority;

9.1.1.14 Any other dishonorable or unprofessional actions or inactions which would bring disrepute upon the profession or activity regulated by the Authority or for which you hold a certificate issued by the Authority.

9.2 Sanctions. The Authority on Radiation Protection may take any of the following actions singly or in combination when it finds a certificate holder or an applicant has violated any of the provisions of subsections 9.1 through 9.1.1.14 or the Rules or Regulations of the Authority:

9.2.1 Revocation of the certificate to practice;

9.2.2 Suspension of the certificate for a defined period of time;

9.2.3 Suspension of the certificate to practice upon conditions until the certificate holder provides proof that the conditions for which the suspension was issued no longer exist or have been met;

9.2.4 Public or private censure of the certificate holder;

9.2.5 Issuance of a Letter of Reprimand;

9.2.6 Denial of an application for a certificate;

9.2.7 Refusal to renew a certificate;

9.2.8 Such other and further relief as may be warranted including but not limited to the actions under 16 Del.C. §§ 7412; 7413; 7416; 7415.

9.3 Authority Proceedings

9.3.1 The Agency may, upon a written complaint or upon its own initiative, investigate whether a certificate holder or applicant has engaged in conduct which might result in sanctions.

9.3.2 The Agency shall investigate such complaint and take such evidence as it deems appropriate and may subpoena records and documents relating thereto.

9.3.3 A copy of the Complaint shall be provided to the certificate holder or applicant who shall have 20 days to provide a written response.

9.3.4 If at the conclusion of the investigation and consideration of the response, if any, the Agency determines that a formal complaint shall be issued upon the certificate holder, it shall provide a copy of the complaint to the Authority.

9.3.5 If the Authority determines that a complaint should be issued then the Agency shall notify the alleged violator of the complaint and offer the alleged violator the opportunity for a hearing, which must be requested within 30 days of the date of notification. If the alleged violator does not timely request a hearing, the proposed sanctions shall become final. If the alleged violator makes a timely request for a hearing, the Authority shall schedule the hearing and give the alleged violator at least 30 days' notice prior to the date fixed for the hearing.

9.3.6 In all proceedings herein:

9.3.6.1 The alleged violator may be represented by counsel who shall have the right of examination and cross-examination.

9.3.6.2 The alleged violator and the Agency may subpoena witnesses. Subpoenas shall be issued by the Chairman or Vice Chairman of the Authority upon written request.

9.3.6.3 Testimony before the Authority shall be under oath. Any member of the Authority shall have power to administer oaths for this purpose.

9.3.6.4 A stenographic record of the hearing shall be made by a qualified court reporter. At the request and expense of either party such record shall be transcribed with a copy to the other party.

9.3.6.5 The decision of a majority of the members of the Authority who are present and constitute a quorum shall be based upon a preponderance of the evidence. If the charges are supported by such evidence, the Authority may impose any sanction provided for herein. The discussion by the members of the Authority and the vote shall be in public session.

9.3.6.6 The written decision of the Authority will be sent to the alleged violator and his/her counsel by certified mail.

9.3.6.7 The Agency shall notify the employer of the alleged violator of any final order of the Authority regarding any action taken against the certification of that employee by registered, return receipt mail.

9.4 Appeals

9.4.1 Any final order entered in any proceeding by the Authority shall be subject to judicial review by the Delaware Superior Court per 16 DeI.C. §7412(c).

9.4.2 Appeals shall be handled in accordance with Delaware Superior Court Civil Rule 72.

9.5 Unlawful Practice of Radiation Technology.

No person shall practice or offer to practice radiation technology or claim to be a registered or certified radiation worker in Delaware, or shall use any title, abbreviation, sign, card, or device to indicate that such person is certified pursuant to this regulation unless such person is actually certified by the Authority.

SCHEDULE A Certification Fees

Certificate Category	Initial Application Fee	On-Time Renewal Fee (postmarked prior to expiration date)	Late Renewal Fee (postmarked 1-180 days after expiration date)
Dental Radiation Technician, or Certified Dental Assistant (CDA)	$ 50.00	$ 50.00	$ 100.00
Medical Radiation Technician	$ 50.00	$ 50.00	$ 100.00
Medical Radiologic Technologist	$ 50.00	$ 50.00	$ 100.00
Nuclear Medicine Technologist	$ 50.00	$ 50.00	$ 100.00
Radiation Therapist	$ 50.00	$ 50.00	$ 100.00
Cardiovascular Radiologic Technologist	$ 50.00	$ 50.00	$ 100.00
Radiologist Assistant	$ 50.00	$ 50.00	$ 100.00
Verification of Licensure - Other State Forms	$ 50.00
Returned Check	$ 25.00

The fees listed above in Schedule A apply to each type of certificate. See Section 5.0 and Section 7.0.

SCHEDULE B

LIST OF NATIONAL CREDENTIALING ORGANIZATIONS ACCEPTABLE FOR DELAWARE CERTIFICATION

1. American Registry of Radiologic Technologists (ARRT)

2. Dental Assisting National Board (DANB)

3. Nuclear Medicine Technologist Certification Board (NMTCB)

4. Cardiovascular Credentialing International (CCI)

5. International Society Clinical Densitometry (ISCD)

16 Del. Admin. Code § 4466-9.0

6 DE Reg. 99 (7/1/02)
7 DE Reg. 639 (11/1/03)
9 DE Reg. 1213 (2/1/06)
17 DE Reg. 983 (4/1/2014)
28 DE Reg. 313 (10/1/2024) (Final)