Composition.

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(a) The Board of Medical Licensure and Discipline has the sole authority in this State to issue certificates to practice medicine and is the State's supervisory, regulatory, and disciplinary body for the practice of medicine. The Board also has the sole authority in this State to issue authorizing documents to practice other specified professions or occupations regulated by this chapter, and to supervise, regulate, and discipline members of those professions and occupations.

(b) The Board consists of 16 voting members appointed by the Governor, which shall be composed of the following members:

(1) Eight persons certified and registered to practice medicine in this State, at least 1 of whom is an osteopathic physician, as follows:

a. Four have their primary place of practicing medicine in New Castle County;

b. Two shall have their primary place of practicing medicine in Kent County;

c. Two shall have their primary place of practicing medicine in Sussex County.

(2) Five public members.

(3) Two physician assistants recommended by the Regulatory Council for Physician Assistants.

(4) The Director of the Division of Public Health.

(c) A public member, except a physician assistant, may not be nor may ever have been certified, licensed, or registered pursuant to this chapter; may not be the spouse of someone certified, licensed, or registered pursuant to this chapter; at the time of appointment may not be a member of the immediate family of someone certified, licensed, or registered pursuant to this chapter.

(d) The Medical Society of Delaware and the Delaware State Osteopathic Medical Society may submit lists of their resident members and any recommendations to the Governor by January 1 of each year under the seal of and signed by the Secretary of the Society to aid the Governor in the appointment of new members to the Board.

(e) An appointment to the Board to succeed a member whose term has expired shall be for a 3-year term. Vacancies occurring for any cause other than expiration of term shall be filled by the Governor for the unexpired term as provided in this subsection.

(f) A physician-appointee to the Board must be a certified and registered physician in good standing, and must have practiced medicine under the laws of this State for a period of not less than 5 years prior to the physician-appointee's appointment to the Board.

(g) The Governor shall fill vacancies on the Board and, after a hearing, may remove a member of the Board for cause due to the member's neglect of the duties required by this chapter, or on the recommendation of the Board, after a hearing, due to the member's unprofessional or dishonorable conduct.

(h) A member of the Board may not serve more than 3 full, consecutive 3-year terms, which is not diminished by serving an unexpired term. Upon serving 3 full, consecutive 3-year terms, a former member is eligible for reappointment to the Board no earlier than 1 year after the expiration of the last term served on the Board by the former member.

(i) (1) While serving on the Board, a member may not be an officer of any state or local allopathic or osteopathic medical society.

(2) While serving on the Board, a member of the Board may not be a member of the board of directors of a professional review organization.

(j) Each member of the Board shall be compensated at an appropriate and reasonable level as determined by the Division of Professional Regulation not more than $100 for each meeting attended, and not more than a total of $1,500 for meetings attended in a calendar year, and may be reimbursed for all expenses involved in each meeting, including travel, according to Division policy.


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