24 Del. Admin. Code § 700-9.0

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

Section 700-9.0 - Crimes substantially related to the practice of chiropractic

9.1 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 Chiropractic in the State of Delaware without regard to the place of conviction:

9.2 For the purposes of this section the following definitions shall apply:

"Conviction" 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).

"Jurisdiction" Substantially similar crimes in another State or Jurisdiction including 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.

9.3 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

9.3.1 §601. Offensive touching;

9.3.2 §602. Menacing;

9.3.3 §603. Reckless endangering in the second degree;

9.3.4 §604. Reckless endangering in the first degree;

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

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

9.3.7 §611. Assault in the third degree;

9.3.8 §612. Assault in the second degree;

9.3.9 §613. Assault in the first degree;

9.3.10 §614. Assault on a sports official.

9.3.11 §615. Assault by abuse or neglect;

9.3.12 §621. Terroristic threatening;

9.3.13 §625. Unlawfully administering drugs;

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

9.3.15 §629. Vehicular assault in the first degree;

9.3.16 §630. Vehicular homicide in the second degree;

9.3.17 §630A. Vehicular homicide in the first degree;

9.3.18 §631. Criminally negligent homicide;

9.3.19 §632. Manslaughter;

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

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

9.3.22 §635. Murder in the second degree;

9.3.23 §636. Murder in the first degree;

9.3.24 §645. Promoting suicide.

Abortion and Related Offenses

9.3.25 §651. Abortion;

9.3.26 §653. Issuing abortional articles.

Sexual Offenses

9.3.27 §763. Sexual harassment;

9.3.28 §765. Indecent exposure in the first degree;

9.3.29 §766. Incest;

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

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

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

9.3.33 §770. Rape in the fourth degree;

9.3.34 §771. Rape in the third degree;

9.3.35 §772. Rape in the second degree;

9.3.36 §773. Rape in the first degree;

9.3.37 §776. Sexual extortion;

9.3.38 §777. Bestiality;

9.3.39 §778. Continuous sexual abuse of a child;

9.3.40 §780. Female genital mutilation.

Kidnapping and Related Offenses

9.3.41 §781. Unlawful imprisonment in the second degree;

9.3.42 §782. Unlawful imprisonment in the first degree;

9.3.43 §783. Kidnapping in the second degree;

9.3.44 §783A. Kidnapping in the first degree;

9.3.45 §785. Interference with custody;

Coercion

9.3.46 §791. Acts constituting coercion;

9.4 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

9.4.1 §801. Arson in the third degree;

9.4.2 §802. Arson in the second degree;

9.4.3 §803. Arson in the first degree;

Criminal Trespass and Burglary

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

9.4.5 §824. Burglary in the third degree;

9.4.6 §825. Burglary in the second degree;

9.4.7 §826. Burglary in the first degree;

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

Robbery

9.4.9 §831. Robbery in the second degree;

9.4.10 §832. Robbery in the first degree.

9.4.11 §835. Carjacking in the second degree;

9.4.12 §836. Carjacking in the first degree;

Theft and Related Offenses

9.4.13 §840. Shoplifting; class G felony;

9.4.14 §840A. Use of illegitimate retail sales receipt or Universal Product Code Label.

9.4.15 §841. Theft;

9.4.16 §842. Theft; lost or mislaid property; mistaken delivery.

9.4.17 §843. Theft; false pretense.

9.4.18 §844. Theft; false promise.

9.4.19 §845. Theft of services.

9.4.20 §846. Extortion;

9.4.21 §848. Misapplication of property;

9.4.22 §849. Theft of rented property;

9.4.23 §850. Use, possession, manufacture, distribution and sale of unlawful telecommunication and access devices.

9.4.24 §851. Receiving stolen property;

9.4.25 §854. Identity theft;

9.4.26 §860. Possession of shoplifter's tools or instruments facilitating theft;

Forgery and Related Offenses

9.4.27 §861. Forgery; class F felony;

9.4.28 §862. Possession of forgery devices;

Offenses Involving Falsification of Records

9.4.29 §871. Falsifying business records;

9.4.30 §872. Falsifying business records;

9.4.31 §873. Tampering with public records in the second degree;

9.4.32 §876. Tampering with public records in the first degree;

9.4.33 §877. Offering a false instrument for filing;

9.4.34 §878. Issuing a false certificate;

Bribery Not Involving Public Servants

9.4.35 §881. Bribery;

9.4.36 §882. Bribe receiving;

Frauds on Creditors

Other Frauds and Cheats

9.4.37 §900. Issuing a bad check;

9.4.38 §903. Unlawful use of credit card;

9.4.39 §903A. Reencoder and scanning devices;

9.4.40 §906. Deceptive business practices;

9.4.41 §907. Criminal impersonation;

9.4.42 §907A. Criminal impersonation, accident related;

9.4.43 §907B. Criminal impersonation of a police officer;

9.4.44 §909. Securing execution of documents by deception;

9.4.45 §911. Fraudulent conveyance of public lands;

9.4.46 §912. Fraudulent receipt of public lands;

9.4.47 §913. Insurance fraud;

9.4.48 §913A. Health care fraud;

Computer Related Offenses

9.4.49 §933. Theft of computer services.

9.4.50 §934. Interruption of computer services.

9.4.51 §938. Failure to promptly cease electronic communication upon request.

Offenses Relating to Marriage

9.4.52 §1001. Bigamy;

9.4.53 §1003. Bigamous marriage contracted outside the State.

9.5 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

9.5.1 §1100. Dealing in children;

9.5.2 §1101. Abandonment of child;

9.5.3 §1102. Endangering the welfare of a child;

9.5.4 §1105. Endangering the welfare of an incompetent person;

9.5.5 §1106. Unlawfully dealing with a child;

9.5.6 §1107. Endangering children;

9.5.7 §1108. Sexual exploitation of a child;

9.5.8 §1109. Unlawfully dealing in child pornography;

9.5.9 §1111. Possession of child pornography;

9.5.10 §1112. Sexual offenders; prohibitions from school zones.

9.5.11 §1112A. Sexual solicitation of a child;

9.5.12 §1113. Criminal non-support and aggravated criminal non-support.

9.5.13 §1117. Notice;

9.5.14 §1325. Cruelty to animals;

9.5.15 §1326. Animals; fighting and baiting prohibited (Felony only);

9.6 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

9.6.1 §1201. Bribery;

9.6.2 §1203. Receiving a bribe;

Perjury and related offenses

9.6.3 §1221. Perjury in the third degree;

9.6.4 §1222. Perjury in the second degree;

9.6.5 §1223. Perjury in the first degree;

9.6.6 §1233. Making a false written statement;

9.6.7 §1239. Wearing a disguise during the commission of a felony;

9.6.8 §1240. Terroristic threatening of public officials or public servants;

9.6.9 §1243. Obstructing fire-fighting operations;

9.6.10 §1244. Hindering prosecution;

9.6.11 §1245. Falsely reporting an incident;

9.6.12 §1249. Abetting the violation of driver's license restrictions;

9.6.13 §1250. Offenses against law-enforcement animals;

9.6.14 §1254. Assault in a detention facility (Felony only)

9.6.15 §1257A. Use of an animal to avoid capture (Felony only);

9.6.16 §1259. Sexual relations in detention facility;

Offenses Relating to Judicial and Similar Proceedings

9.6.17 §1261. Bribing a witness;

9.6.18 §1262. Bribe receiving by a witness;

9.6.19 §1263. Tampering with a witness;

9.6.20 §1263A. Interfering with child witness.

9.6.21 §1264. Bribing a juror;

9.6.22 §1265. Bribe receiving by a juror;

9.6.23 §1266. Tampering with a juror;

9.6.24 §1267. Misconduct by a juror;

9.6.25 §1269. Tampering with physical evidence;

9.6.26 §1271A. Criminal contempt of a domestic violence protective order;

9.6.27 §1273. Unlawful grand jury disclosure.

9.7 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

9.7.1 §1302. Riot;

9.7.2 §1304. Hate crimes;

9.7.3 §1311. Harassment;

9.7.4 §1312. Aggravated harassment;

9.7.5 §1312A. Stalking;

9.7.6 §1313. Malicious interference with emergency communications;

9.7.7 §1335. Violation of privacy (Felony only);

9.7.8 §1338. Bombs, incendiary devices, Molotov cocktails and explosive devices;

9.7.9 §1339. Adulteration;

Offenses Involving Public Indecency

9.7.10 §1342. Prostitution;

9.7.11 §1343. Patronizing a prostitute prohibited.

9.7.12 §1351. Promoting prostitution in the third degree;

9.7.13 §1352. Promoting prostitution in the second degree;

9.7.14 §1353. Promoting prostitution in the first degree;

9.7.15 §1355. Permitting prostitution;

Obscenity

9.7.16 §1361. Obscenity; acts constituting;

9.7.17 §1365. Obscene literature harmful to minors;

9.8 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:

9.8.1 §4751. Prohibited acts A;

9.8.2 §4752. Prohibited acts B;

9.8.3 §4752A.Unlawful delivery of noncontrolled substance.

9.8.4 §4753. Prohibited acts C.

9.8.5 §4753A.Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer drugs.

9.8.6 §4754. Prohibited acts D;

9.8.7 §4754A.Possession and delivery of noncontrolled prescription drug.

9.8.8 §4755. Prohibited acts E;

9.8.9 §4756. Prohibited acts;

9.8.10 §4757. Hypodermic syringe or needle; delivering or possessing; disposal; exceptions;

9.8.11 §4761. Distribution to persons under 21 years of age;

9.8.12 §4761A. Purchase of drugs from minors;

9.8.13 §4767. Distribution, delivery, or possession of controlled substance within 1,000 feet of school property;

9.8.14 §4768. Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship.

9.9 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

9.9.1 §1442. Carrying a concealed deadly weapon;

9.9.2 §1443. Carrying a concealed dangerous instrument;

9.9.3 §1444. Possessing a destructive weapon;

9.9.4 §1445. Unlawfully dealing with a dangerous weapon;

9.9.5 §1447. Possession of a deadly weapon during commission of a felony;

9.9.6 §1447A. Possession of a firearm during commission of a felony;

9.9.7 §1448. Possession and purchase of deadly weapons by persons prohibited;

9.9.8 §1448A. Criminal history record checks for sales or firearms;

9.9.9 §1449. Wearing body armor during commission of felony;

9.9.10 §1450. Receiving a stolen firearm;

9.9.11 §1451. Theft of a firearm;

9.9.12 §1452. Unlawfully dealing with knuckles-combination knife;

9.9.13 §1454. Giving a firearm to person prohibited;

9.9.14 §1455. Engaging in a firearms transaction on behalf of another;

9.9.15 §1456. Unlawfully permitting a minor access to a firearm;

9.9.16 §1457. Possession of a weapon in a Safe School and Recreation Zone;

9.9.17 §1458. Removing a firearm from the possession of a law enforcement officer;

9.9.18 §1459. Possession of a weapon with a removed, obliterated or altered serial number;

Offenses Involving Drug Paraphernalia

9.9.19 §4774. Penalties.

Offenses Involving Organized Crime and Racketeering

9.9.20 §1504. Criminal Penalties for Organized Crime & Racketeering

Offenses Involving Intimidation of Victims or Witnesses

9.9.21 §3532. Acts of Intimidation: Class E felony

9.9.22 §3533. Aggravated act of intimidation, Class D felony

Other Crimes

9.9.23 §3532. Act of intimidation;

9.9.24 §3533. Aggravated act of intimidation;

9.9.25 §3534. Attempt to intimidate;

9.9.26 §8523. Penalties [for violation of reporting provision re: SBI];

9.9.27 Title 21 §2118A. Unlawful possession or manufacture of proof of insurance;

9.9.28 §2133. Penalties; jurisdiction of justices of the peace.

9.9.29 §2315. False statements;

9.9.30 §2620. False statements; incorrect or incomplete information;

9.9.31 §2752. False statements;

9.9.32 §2760. Duplication, reproduction, altering, or counterfeiting of driver's licenses or identification cards.

9.9.33 Title 23 §2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs (Felony only);

9.9.34 §4177. Driving a vehicle while under the influence or with a prohibited alcohol content; evidence; arrests; and penalties (Felony only).

9.9.35 §4177M. Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs (Felony only);

9.9.36 §4202. Duty of driver involved in accident resulting in injury or death to any person;

9.9.37 §6704. Receiving or transferring stolen vehicle;

9.9.38 Title 30 §571. Attempt to evade or defeat tax;

9.9.39 §572. Failure to collect or pay over tax;

9.9.40 §573. Failure to file return, supply information or pay tax;

9.9.41 §574. Fraud and false statements;

9.9.42 §3913. Welfare violations [knowing or reckless abuse of an infirm adult]

9.10 Any crime which is a violation of Title 24, Chapter 7 as it may be amended from time to time.

9.11 The Board reserves the jurisdiction and authority to modify this regulation as necessary 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. The Board also specifically reserves the jurisdiction to review any crime committed by an applicant for licensure as a chiropractor and to determine whether to waive the disqualification under 24 Del.C. § 707(a)(5).

24 Del. Admin. Code § 700-9.0

1 DE Reg. 45 (07/01/97)
4 DE Reg. 1940 (06/01/01)
5 DE Reg. 270 (09/01/01)
6 DE Reg. 270 (09/01/02)
7 DE Reg. 36 (07/01/03)
8 DE Reg. 1586 (05/01/05)
9 DE Reg. 1766 (05/01/06)
10 DE Reg. 146 (07/01/06)
11 DE Reg. 348 (09/01/07)
14 DE Reg. 268 (10/01/10)
14 DE Reg. 1396 (06/01/11)
16 DE Reg. 96 (07/01/12)
18 DE Reg. 579 (1/1/2015)
20 DE Reg. 186 (9/1/2016)
21 DE Reg. 902 (5/1/2018)