24 Del. Admin. Code § 1100-11.0

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

Section 1100-11.0 - Crimes Substantially Related to the Practice of Dentistry and Dental Hygiene

Authority. Pursuant to 74 Del. Laws. c.262, (Senate Bill No. 229 of the 142nd General Assembly, 2004, as amended), the Board was directed to promulgate regulations specifically identifying those crimes which are substantially related to the practice of dentistry and dental hygiene.

Purpose. The Board of Dentistry and Dental Hygiene believes that the State of Delaware has a compelling public policy interest in ensuring that its licensed professionals not only have specified levels of educational and professional competence but also possess sufficient character and judgment necessary to practice safely in their chosen fields and to do so in a manner which will not undermine the community's confidence in the expertise and professionalism of the members of the profession. Licensed professionals, particularly those in health care related fields, often come into contact with clients and patients and other members of the public at times when they may be sick, infirmed or otherwise extremely vulnerable to undue influence or other forms of misuse, fraud and abuse. It is therefore critical that all reasonable steps are taken to determine, to the extent possible, that the regulation of such professionals takes into consideration not only the individual's technical competence but his or her demonstrated propensity to behave in a way that does not expose the client population to risk or diminish legitimate expectations of honest and honorable behavior by such licensed health care professionals. Therefore, the Board finds that for purposes of licensing, renewal, reinstatement and discipline, the conviction of any of the following crimes, or of the attempt to commit or a conspiracy to commit or conceal the following crimes or substantially similar crimes in another state or jurisdiction, is deemed to be substantially related to the practice of Dentistry and Dental Hygiene in the State of Delaware without regard to the place of conviction:

Definitions.

"Conviction", unless otherwise defined by specific statute, means a verdict of guilty by whether entered by a judge or jury, or a plea of guilty or a plea of nolo contendere or other similar plea such as a "Robinson" or "Alford" plea unless the individual has been discharged under §4218 of Title 11 of the Delaware Code (probation before judgment) or under §1024 of Title 10 (domestic violence diversion program) or by §4764 of Title 16 (first offenders controlled substances diversion program).

"Substantially similar crimes in another state or jurisdiction" includes all crimes prohibited by or punishable under Title 18 of the United Stated Code Annotated (U.S.C.A.) such as, but not limited to, Federal Health Care offenses.

11.1 Any crime which involves the use of physical force or violence toward or upon the person of another and shall include by way of example and not of limitation the following crimes set forth in Title 11 of the Delaware Code Annotated:

Assaults and Related Offenses

11.1.1 §602(b). Aggravated Menacing;

11.1.2 §603. Reckless endangering in the second degree;

11.1.3 §604. Reckless endangering in the first degree;

11.1.4 §605. Abuse of a pregnant female in the second degree;

11.1.5 §606. Abuse of a pregnant female in the first degree;

11.1.6 §611. Assault in the third degree;

11.1.7 §612. Assault in the second degree;

11.1.8 §613. Assault in the first degree;

11.1.9 §614. Abuse on a sports official;

11.1.10 §615. Assault by abuse or neglect;

11.1.11 §616. Gang Participation;

11.1.12 §621. Terroristic threatening;

11.1.13 §625. Unlawfully administering drugs;

11.1.14 §626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs;

11.1.15 §629. Vehicular assault in the first degree;

11.1.16 §630. Vehicular homicide in the second degree;

11.1.17 §630A. Vehicular homicide in the first degree;

11.1.18 §631. Criminally negligent homicide;

11.1.19 §632. Manslaughter;

11.1.20 §633. Murder by abuse or neglect in the second degree;

11.1.21 §634. Murder by abuse or neglect in the first degree;

11.1.22 §635. Murder in the second degree;

11.1.23 §636. Murder in the first degree;

Sexual Offenses

11.1.24 §763. Sexual harassment;

11.1.25 §764. Indecent exposure in the second degree;

11.1.26 §765. Indecent exposure in the first degree;

11.1.27 §766. Incest;

11.1.28 §767. Unlawful sexual contact in the third degree;

11.1.29 §768. Unlawful sexual contact in the second degree;

11.1.30 §769. Unlawful sexual contact in the first degree;

11.1.31 §770. Rape in the fourth degree;

11.1.32 §771. Rape in the third degree;

11.1.33 §772. Rape in the second degree;

11.1.34 §773. Rape in the first degree;

11.1.35 §774. Sexual extortion;

11.1.36 §776. Continuous sexual abuse of a child;

11.1.37 §780. Female genital mutilation;

Kidnapping and Related Offenses

11.1.38 §781. Unlawful imprisonment in the second degree;

11.1.39 §782. Unlawful imprisonment in the first degree;

11.1.40 §783. Kidnapping in the second degree;

11.1.41 §783A. Kidnapping in the first degree;

11.2 Any crime which involves dishonesty or false, fraudulent or aberrant behavior and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:

Arson and Related Offenses

11.2.1 §801. Arson in the third degree;

11.2.2 §802. Arson in the second degree;

11.2.3 §803. Arson in the first degree;

Criminal Trespass and Burglary

11.2.4 §820. Trespassing with intent to peer or peep into a window or door of another;

11.2.5 §823. Criminal trespass in the first degree;

11.2.6 §824. Burglary in the third degree;

11.2.7 §825. Burglary in the second degree;

11.2.8 §826. Burglary in the first degree;

11.2.9 §828. Possession of burglar's tools or instruments facilitating theft;

Robbery

11.2.10 §831. Robbery in the second degree;

11.2.11 §832. Robbery in the first degree;

11.2.12 §835. Carjacking in the second degree;

11.2.13 §836. Carjacking in the first degree;

Theft and Related Offenses

11.2.14 §840. Shoplifting; class G felony;

11.2.15 §841. Theft;

11.2.16 §841C Possession or theft of a prescription form or a pad.

11.2.17 §854. Identity theft;

Forgery and Related Offenses

11.2.18 §861. Forgery; class F felony;

11.2.19 §862. Possession of forgery devices;

Bribery Not Involving Public Servants

11.2.20 §881. Bribery;

11.2.21 §882. Bribe receiving;

Frauds on Creditors

11.2.22 §891. Defrauding secured creditors;

11.2.23 §892. Fraud in insolvency;

Other Frauds and Cheats

11.2.24 §900. Issuing a bad check (felony);

11.2.25 §903. Unlawful use of a payment card;

11.2.26 §907A. Criminal impersonation, accident related;

11.2.27 §907B. Criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police;

11.2.28 §913. Insurance fraud;

11.2.29 §913A. Health care fraud;

11.2.30 §917. New home construction fraud;

11.3 Any crime which involves misuse or abuse of children or animals and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:

Child Welfare; Sexual Offenses, Animal Offenses

11.3.1 §1100A. Dealing in children;

11.3.2 §1101. Abandonment of child;

11.3.3 §1102. Endangering the welfare of a child;

11.3.4 §1105. Crime against a vulnerable adult;

11.3.5 §1106. Unlawfully dealing with a child;

11.3.6 §1107. Endangering children;

11.3.7 §1108. Sexual exploitation of a child;

11.3.8 §1109. Dealing in child pornography;

11.3.9 §1111. Possession of child pornography;

11.3.10 §1112. Sexual offenders; prohibitions from school zones;

11.3.11 §1112A Sexual solicitation of a child;

11.3.12 §1113 Criminal non-support and aggravated criminal non-support;

11.3.13 §1114A. Tongue-splitting;

11.3.14 §1325. Cruelty to animals;

11.3.15 §1326. Animals; fighting and baiting prohibited;

11.4 Any crime which involves offenses against the public order the commission of which may tend to bring discredit upon the profession and which are thus substantially related to one's fitness to practice such profession and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:

Bribery and Improper Influence

11.4.1 §1201. Bribery;

11.4.2 §1203. Receiving a bribe;

11.4.3 §1207. Improper influence;

11.4.4 §1211. Official Misconduct;

11.4.5 §1212. Profiteering;

Perjury, Escape and related offenses

11.4.6 §1221. Perjury in the third degree;

11.4.7 §1222. Perjury in the second degree;

11.4.8 §1223. Perjury in the first degree;

11.4.9 §1233. Making a false written statement;

11.4.10 §1239. Wearing a disguise during commission of a felony;

11.4.11 §1240. Terroristic threatening of public officials or public servants;

11.4.12 §1244. Felony hindering prosecution;

11.4.13 §1245. Felony false reporting an incident

11.4.14 §1252. Felony escape;

11.4.15 §1253. Escape after conviction.

11.4.16 §1254. Assault in a detention facility;

11.4.17 §1256. Felony promoting prison contraband;

Offenses Relating to Judicial and Similar Proceedings

11.4.18 §1261. Bribing a witness;

11.4.19 §1262. Bribe receiving by a witness;

11.4.20 §1263. Tampering with a witness;

11.4.21 §1263A. Interfering with child witness;

11.4.22 §1264. Bribing a juror;

11.4.23 §1265. Bribe receiving by a juror;

11.4.24 §1266. Tampering with a juror;

11.4.25 §1267. Misconduct by a juror;

11.4.26 §1269. Tampering with physical evidence.

11.5 Any crime which involves offenses against a public health order and decency which may tend to bring discredit upon the profession, specifically including the below listed crimes from Title 11 of the Delaware Code Annotated which evidence a lack of appropriate concern for the safety and well being of another person or persons in general or sufficiently flawed judgment to call into question the individuals ability to make health care decisions or advise upon health care related matters for other individuals.

Disorderly Conduct and Related Offenses

11.5.1 §1302. Riot;

11.5.2 §1304. Hate crimes;

11.5.3 §1312A. Felony Stalking;

11.6 Any crime which involves the illegal possession or the misuse or abuse of narcotics, or other addictive substances and those non-addictive substances with a substantial capacity to impair reason or judgment and shall include by way of example and not of limitation the following crimes listed in Chapter 47 of Title 16 of the Delaware Code Annotated:

11.6.1 §4798. Misuse of the PMP;

11.6.2 §4752. Drug dealing--Aggravated possession; Class B felony;

11.6.3 §4753. Drug dealing-Aggravated possession; Class C felony;

11.6.4 §4754. Drug dealing-Aggravated possession; Class D felony;

11.6.5 §4758. Unlawful dealing in a counterfeit or purported controlled substance;

11.6.6 §4756 Drug dealing-Aggravated possession; Class F felony;

11.6.7 §4757 Miscellaneous drug crimes; Class B, C, and F Felonies;

11.6.8 §4774.Drug paraphernalia;

11.7 Any crime which involves the misuse or illegal possession or sale of a deadly weapon or dangerous instrument and shall include by way of example and not of limitation the following crimes listed in Title 11 of the Delaware Code Annotated:

Offenses Involving Deadly Weapons and Dangerous Instruments

11.7.1 §1442. Carrying a concealed deadly weapon;

11.7.2 §1445. Felony unlawfully dealing with a dangerous weapon;

11.7.3 §1447. Possession of a deadly weapon during commission of a felony;

11.7.4 §1447A. Possession of a firearm during commission of a felony;

11.7.5 §1448. Possession and purchase of deadly weapons by persons prohibited;

11.7.6 §1450. Receiving a stolen firearm;

11.7.7 §1451. Theft of a firearm;

11.7.8 §1454. Giving a firearm to person prohibited;

11.7.9 §1455. Engaging in a firearms transaction on behalf of another;

11.7.10 §1456. Unlawfully permitting a minor access to a firearm;

11.7.11 §1457. Felony Possession of a weapon in a Safe School and Recreation Zone;

11.7.12 §1458. Removing a firearm from the possession of a law enforcement officer;

11.7.13 §1459. Possession of a weapon with a removed, obliterated or altered serial number;

11.7.14 §1471. Prohibited Acts; Offenses Involving Organized Crime and Racketeering

11.7.15 §1504. Criminal Penalties for Organized Crime & Racketeering;

Offenses Involving Intimidation of Victims or Witnesses

11.7.16 §3533. Aggravated act of intimidation;

11.8 Other Crimes

Title 16 Health and Safety

11.8.1 §1136. Abuse or neglect of a patient or resident of a nursing facility;

Title 23 Navigation and Waters

11.8.2 §2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs (felony);

Title 30 State Taxes

11.8.3 §571. Attempt to evade or defeat tax; class E felony;

11.8.4 §572. Failure to collect or pay over tax; class E felony;

11.8.5 §573. Failure to file return, supply information or pay tax; class A misdemeanor;

11.8.6 §574. Fraud and false statements; class E felony;

Title 21 Motor Vehicles

11.8.7 §4177. Felony Driving a vehicle while under the influence or with a prohibited alcohol content; evidence;

11.8.8 §4177M. Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs;

11.8.9 §4202. Felony Duty of driver involved in accident resulting in injury or death to any person; penalty;

11.8.10 §6704. Receiving or transferring stolen vehicle; penalty;

Title 12 Descendants' Estates

11.8.11 §210. Alteration, Theft or Destruction of Will

Title 16 Health & Safety

11.8.12 §2513. Felony Penalties Relating To Improper Health-Care Decisions;

11.8.13 §7113. Felony Penalties for Violations of Chapter;

11.8.14 §7416. Penalties for Violating Statute Governing Radiation Control;

Title 24 Professions and Occupations

11.8.15 §903. Deadly Weapons Dealers - Sale to Persons under 21 or Intoxicated Persons;

Title 31 Welfare

11.8.16 §3913. Felony Violations - Knowing or Reckless Abuse of an Adult Who Is Impaired.

11.9 Any crime which is a violation of either Title 24, Chapter 11 (Board of Dental Examiners) as it may be amended from time to time or of any other statute which requires the reporting of a medical/dental situation or condition to state, federal or local authorities or a crime which constitutes a violation of the dental or hygiene practice act of the state in which the conviction occurred or in which the dentist or dental hygienist is licensed.

11.10 The Board reserves the jurisdiction and authority to modify this regulation as and if it becomes necessary to either add or delete crimes including such additions as may be required on an emergency basis under 29 Del.C. § 10119 to address imminent peril to the public health, safety or welfare.

24 Del. Admin. Code § 1100-11.0

9 DE Reg. 77 (7/1/2005)
14 DE Reg. 1239 (5/1/2011)
15 DE Reg. 1183 (2/1/2012)
15 DE Reg. 1359 (3/1/2012)
21 DE Reg. 337 (10/1/2017)
21 DE Reg. 642 (2/1/2018)
28 DE Reg. 62 (7/1/2024) (Final)