24 Del. Admin. Code § 3800-7.0

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

Section 3800-7.0 - Crimes Substantially Related To Provision Of Dietetic/Nutrition Services

7.1 For the purposes of this section the following definition shall apply:

7.1.1 "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 §1024 of Title 10 (domestic violence diversion program) or by § 4764 of Title 16 (first offenders controlled substances diversion program). Including all crimes prohibited by or punishable under Title 18 of the United States Code Annotated (U.S.C.A.) such as, but not limited to, Federal Health Care offenses.

7.2 Conviction of any of the following crimes in Title 11, or of the attempt to commit or of a conspiracy to commit or conceal or of solicitation to commit the following crimes, is deemed to be a crime substantially related to the provision of Dietetics/Nutrition services as a LDN in the State of Delaware without regard to the place of conviction:

7.2.1 §501 Criminal solicitation in the third degree

7.2.2 §502 Criminal solicitation in the second degree

7.2.3 §503 Criminal solicitation in the first degree

7.2.4 §511 Conspiracy in the third degree

7.2.5 §512 Conspiracy in the second degree

7.2.6 §513 Conspiracy in the first degree

7.2.7 §601 Offensive touching; Class A Misdemeanor

7.2.8 §602. Menacing;

7.2.9 §603. Reckless endangering in the second degree;

7.2.10 §604. Reckless endangering in the first degree;

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

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

7.2.13 §611. Assault in the third degree;

7.2.14 §612. Assault in the second degree;

7.2.15 §613. Assault in the first degree;

7.2.16 §615 Assault by abuse or neglect;

7.2.17 §621 Terroristic threatening;

7.2.18 §625 Unlawfully administering drugs;

7.2.19 §626 Unlawfully administering controlled substance or counterfeit substance or narcotic drugs;

7.2.20 §629 Vehicular assault in the first degree;

7.2.21 §630 Vehicular homicide in the second degree;

7.2.22 §630A Vehicular homicide in the first degree;

7.2.23 §631 Criminally negligent homicide;

7.2.24 §632 Manslaughter;

7.2.25 §633 Murder by abuse or neglect in the second degree;

7.2.26 §634 Murder by abuse or neglect in the first degree;

7.2.27 §635 Murder in the second degree;

7.2.28 §636 Murder in the first degree;

7.2.29 §645 Promoting suicide.

Sexual Offenses

7.2.30 §763 Sexual harassment;

7.2.31 §764 Indecent exposure in the second degree;

7.2.32 §765 Indecent exposure in the first degree;

7.2.33 §766 Incest;

7.2.34 §767 Unlawful sexual contact in the third degree;

7.2.35 §768 Unlawful sexual contact in the second degree;

7.2.36 §769 Unlawful sexual contact in the first degree;

7.2.37 §770 Rape in the fourth degree;

7.2.38 §771 Rape in the third degree;

7.2.39 §772 Rape in the second degree;

7.2.40 §773 Rape in the first degree;

7.2.41 §776 Sexual extortion;

7.2.42 §777 Bestiality;

7.2.43 §778 Continuous sexual abuse of a child;

7.2.44 §780 Female genital mutilation.

7.2.45 §781 Unlawful imprisonment in the second degree;

7.2.46 §782 Unlawful imprisonment in the first degree;

7.2.47 §783 Kidnapping in the second degree;

7.2.48 §783A Kidnapping in the first degree;

7.2.49 §791 Acts constituting coercion;

7.3 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 CodeAnnotated:

7.3.1 §801 Arson in the third degree;

7.3.2 §802 Arson in the second degree;

7.3.3 §803 Arson in the first degree;

7.3.4 §811 Criminal mischief, Felony.

7.3.5 §820 Trespassing with intent to peer or peep into a window or door of another;

7.3.6 §824 Burglary in the third degree;

7.3.7 §825 Burglary in the second degree;

7.3.8 §826 Burglary in the first degree;

7.3.9 §828 Possession of burglar's tools or instruments facilitating theft;

Robbery

7.3.10 §831 Robbery in the second degree;

7.3.11 §832 Robbery in the first degree.

7.3.12 §835 Carjacking in the second degree;

7.3.13 §836 Carjacking in the first degree;

7.3.14 §840 Shoplifting; Felony

7.3.15 §841 Theft;

7.3.16 §846 Extortion;

7.3.17 §854 Identity theft;

7.3.18 §860 Possession of shoplifter's tools or instruments facilitating theft;

7.3.19 §861 Forgery

7.3.20 §862 Possession of forgery devices;

7.3.21 §871 Falsifying business records;

7.3.22 §873 Tampering with public records in the second degree;

7.3.23 §876 Tampering with public records in the first degree;

7.3.24 §877 Offering a false instrument for filing;

7.3.25 §878 Issuing a false certificate;

7.3.26 §903 Unlawful use of credit card; Felony.

7.3.27 §903 A Re-encoder and scanning devices;

7.3.28 §906 Deceptive business practices;

7.3.29 §907B Criminal impersonation of a police officer;

7.3.30 §908 Unlawfully concealing a will;

7.3.31 §909 Securing execution of documents by deception;

7.3.32 §913 Insurance fraud;

7.3.33 §913A Health care fraud;

7.4 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:

7.4.1 §1100 Dealing in children;

7.4.2 §1101 Abandonment of child;

7.4.3 §1102 Endangering the welfare of a child;

7.4.4 §1105 Endangering the welfare of an incompetent person;

7.4.5 §1106 Unlawfully dealing with a child;

7.4.6 §1107 Endangering children;

7.4.7 §1108 Sexual exploitation of a child;

7.4.8 §1109 Unlawfully dealing in child pornography;

7.4.9 §1111 Possession of child pornography;

7.4.10 §1112 Sexual offenders; prohibitions from school zones.

7.4.11 §1112A Sexual solicitation of a child;

7.4.12 §1113 Criminal non-support and aggravated criminal non-support.

7.4.13 §1325 Cruelty to animals;

7.4.14 §1326 Animals; fighting and baiting prohibited;

7.4.15 §1327 Maintaining a dangerous animal, felony;

7.5 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 CodeAnnotated:

7.5.1 §1201 Bribery;

7.5.2 §1203 Receiving a bribe;

7.5.3 §1207 Improper influence;

7.5.4 §1211 Official misconduct

7.5.5 §1212 Profiteering

7.5.6 §1221 Perjury in the third degree;

7.5.7 §1222 Perjury in the second degree;

7.5.8 §1223 Perjury in the first degree;

7.5.9 §1233 Making a false written statement; class

7.5.10 §1240 Terroristic threatening of public officials or public servants

7.5.11 §1245 Falsely reporting an incident, felony;

7.5.12 §1250 Offenses against law-enforcement animals;

7.5.13 §1254 Assault in a detention facility;

7.5.14 §1256 Promoting prison contraband, felony;

7.5.15 §1257A Use of an animal to avoid capture, felony;

7.5.16 §1261 Bribing a witness;

7.5.17 §1262 Bribe receiving by a witness;

7.5.18 §1263 Tampering with a witness;

7.5.19 §1263A Interfering with child witness;

7.5.20 §1264 Bribing a juror;

7.5.21 §1265 Bribe receiving by a juror;

7.5.22 §1266 Tampering with a juror;

7.5.23 §1267 Misconduct by a juror;

7.5.24 §1269 Tampering with physical evidence;

7.5.25 §1273 Unlawful grand jury disclosure;

7.6 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 CodeAnnotated 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.

7.6.1 §1302 Riot;

7.6.2 §1304 Hate crimes;

7.6.3 §1312 Aggravated harassment;

7.6.4 §1312A Stalking. felony;

7.6.5 §1313 Malicious interference with emergency communications;

7.6.6 §1331 Desecration;

7.6.7 §1332 Abusing a corpse;

7.6.8 §1333 Trading in human remains and associated funerary objects.

7.6.9 §1335 Violation of privacy;

7.6.10 §1338 Bombs, incendiary devices, Molotov cocktails and explosive devices;

7.6.11 §1339 Adulteration;

7.6.12 §1340 Desecration of burial place.

7.6.13 §1341 Lewdness;

7.6.14 §1351 Promoting prostitution in the third degree;

7.6.15 §1352 Promoting prostitution in the second degree;

7.6.16 §1353 Promoting prostitution in the first degree;

7.6.17 §1355 Permitting prostitution;

7.6.18 §1361 Obscenity; acts constituting;

7.6.19 §1365 Obscene literature harmful to minors

7.7 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 CodeAnnotated:

7.7.1 §4751 Prohibited acts A;

7.7.2 §4752 Prohibited acts B;

7.7.3 §4752A Unlawful delivery of noncontrolled substance;

7.7.4 §4753A Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer drugs;

7.7.5 §4754A Possession and delivery of noncontrolled prescription drug (felony);

7.7.6 §4755 Prohibited acts E;

7.7.7 §4756 Prohibited acts;

7.7.8 §4757 Hypodermic syringe or needle; delivering or possessing (felony); disposal (felony);

7.7.9 §4761 Distribution to persons under 21 years of age;

7.7.10 §4761A Purchase of drugs from minors;

7.7.11 §4767 Distribution, delivery, or possession of controlled substance within 1,000 feet of school property;

7.7.12 §4768 Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship;

7.7.13 §4774 Drug Paraphernalia (felony).

7.8 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:

7.8.1 §1442 Carrying a concealed deadly weapon;

7.8.2 §1443 Carrying a concealed dangerous instrument;

7.8.3 §1444 Possessing a destructive weapon;

7.8.4 §1445a Unlawfully dealing with a dangerous weapon (felony);

7.8.5 §1446 Unlawfully dealing with a switchblade knife;

7.8.6 §1447 Possession of a deadly weapon during commission of a felony;

7.8.7 §1447A Possession of a firearm during commission of a felony;

7.8.8 §1448 Possession and purchase of deadly weapons by persons prohibited;

7.8.9 §1448A Criminal history record checks for sales of firearms

7.8.10 §1449 Wearing body armor during commission of felony;

7.8.11 §1450 Receiving a stolen firearm;

7.8.12 §1451 Theft of a firearm;

7.8.13 §1452 Unlawfully dealing with knuckles-combination knife;

7.8.14 §1453 Unlawfully dealing with martial arts throwing star;

7.8.15 §1454 Giving a firearm to person prohibited;

7.8.16 §1455 Engaging in a firearms transaction on behalf of another;

7.8.17 §1456 Unlawfully permitting a minor access to a firearm;

7.8.18 §1457 Possession of a weapon in a Safe School and Recreation Zone;

7.8.19 §1458 Removing a firearm from the possession of a law enforcement officer;

7.8.20 §1459 Possession of a weapon with a removed, obliterated or altered serial number;

7.8.21 §1504 Organized Crime & Racketeering;

7.8.22 §3532 Acts of Intimidation;

7.8.23 §3533 Aggravated act of intimidation;

7.8.24 §3534 Attempt to Intimidate;

Other Crimes

7.8.25 Title 16 § 1136 Violations - neglect or abuse of patient or resident of nursing facilities;

7.8.26 Title 23 § 2302 - Operation of a vessel or boat while under the influence of intoxicating liquor or drugs (Felony under §2305);

7.8.27 Title 30 § 571 Attempt to evade or defeat tax;

7.8.28 Title 30 § 572 Failure to collect or pay over tax;

7.8.29 Title 30 § 574 Fraud and false statements (felony);

7.8.30 Title 31 §§ 1003, 1004 and 1005(felony under §1007);

7.8.31 Title 21 § 2810 Driving after judgment prohibited;

7.8.32 Title 21 § 4177 Driving a vehicle while under the influence or with a prohibited alcohol content, (felony);

7.8.33 Title 21 § 4177J Drinking while driving prohibited;

7.8.34 Title 21 § 6704 Receiving or transferring stolen vehicle

7.8.35 Title 21 § 6705 Removed, falsified or unauthorized identification number on vehicle, bicycle or engine; removed or affixed license/registration plate with intent to misrepresent identify, (felony);

7.8.36 Title 7 § 1717 Unauthorized Acts against a Service Guide or Seeing Eye Dog, (class D felony);

7.8.37 Title 11 § 2402 Interception of Communications Generally; Divulging Contents of Communications;

7.8.38 Title 11 § 2403 Manufacture, Possession or Sale of Intercepting Device ;

7.8.39 Title 11 § 2410 Breaking and Entering, Etc. to Place or Remove Equipment;

7.8.40 Title 11 § 2412 Obstruction, Impediment or Prevention of Interception;

7.8.41 Title 11 § 2421 Obtaining, Altering or Preventing Authorized Access;

7.8.42 Title 11 § 2422 Divulging Contents of Communications;

7.8.43 Title 11 § 2431 Installation and Use Generally [of pen trace and trap and trace devices];

7.8.44 Title 11 § 8523 Penalties [Criminal History Record Information-penalties for violation of reporting provision re: SBI], (felony);

7.8.45 Title 11 § 8562 - for failure of child-care provider to obtain information [Criminal History Record Information] required under §8561 or for those providing false information;

7.8.46 Title 11 § 8572 [Providing false information when seeking employment in a public school];

7.8.47 Title 16 § 914 Penalty for Violation [of reporting requirements involving abuse under §903];

7.8.48 Title 16 § 2513 Penalties [relating to improper health-care decisions] (falsification, destruction of a document to create a false impression that measures to prolong life have been authorized);

7.8.49 Title 16 § 7112 Penalties [for violations of chapter [Sale, Use, Etc., of Explosive Materials other than §7103] (felony);

7.8.50 Title 23 § 2303 Operation of a Vessel or Boat while under the Influence of Intoxicating Liquor and/or Drugs (Felony);

7.8.51 Title 31 § 3913 Violations [knowing or reckless abuse of an infirm adult];

7.9 Any crime which is a violation of Title 24, Chapter 38 (Dietetics and Nutrition Practice Act) as it may be amended from time to time.

7.10 Crimes substantially related to the provision of services as a LDN shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.

24 Del. Admin. Code § 3800-7.0

8 DE Reg. 1288 (03/01/05)
11 DE Reg. 226 (07/01/07)
13 DE Reg. 414 (09/01/09)
19 DE Reg. 933 (4/1/2016) (Final)