DELAWARE PHYSICIAN CONDUCT REGULATIONS

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Title 24 Professional Regulation
1700 Board of Medical Practice

15.0 Dishonorable or Unethical Conduct (24 Del.C. §1731(b)(3))

15.1 The phrase "dishonorable or unethical conduct likely to deceive, defraud, or harm the public" as used in 24 Del.C. 1731(b)(3) shall include, but not be limited to, the following specific acts:

15.1.1 A pattern of performance of unnecessary medical procedures.

15.1.2 Exploitation of the doctor/patient privilege for personal gain or sexual gratification.

15.1.3 Fraudulent billing for medical services.

15.1.4 Intentional falsification of records maintained for controlled substances and non-controlled drugs.

15.1.5 Fraudulent advertising.

15.1.6 Willfully failing to treat a person under the physician's care who requires such treatment.

15.1.7 Intentional release of confidential information gained as a result of the doctor/patient privilege, unless such release was authorized by the patient or required by subpoena.

15.1.8 Conviction of a misdemeanor involving moral turpitude.

15.1.9 Payment of a fee by a physician to another physician who has referred the patient to him, unless the fee is in proportion to work actually performed by the referring physician.

15.1.10 Any other act tending to bring discredit upon the profession.

15.1.11 Willful failure to disclose to a patient that a referring physician has the financial interest in an ancillary testing or treatment facility outside of the physician's office.