(a) The following conditions and actions of a polysomnographer may result in disciplinary action as set forth in subsection (b) of this section if, after a hearing, the Board finds that an applicant or polysomnographer:
- (1) Has employed or knowingly cooperated in fraud or material deception in order to be licensed: or
- (2) Has engaged in illegal, incompetent or negligent conduct in the provision of polysomnography; or
- (3) Has, in the practice of the profession, knowingly engaged in an act of consumer fraud or deception; or
- (4) Has violated the code of ethics as established by the AASM, BRPT or and other organization approved by the Council; or
- (5) Has violated a lawful provision of this subchapter or any lawful rule or regulation established hereunder; or
- (6) Has been convicted of a crime substantially related to the practice of polysomnography as determined by the Board in its rules and regulations; or
- (7) Has been convicted of a sexual felony offense.
(b) Persons licensed under this subchapter who have been determined to be in violation of this subchapter shall be subject to the following disciplinary actions:
- (1) Issuance of a letter of reprimand.
- (2) Censure.
- (3) Placement on probationary status.
- (4) Denial of license.
- (5) Suspension of license.
- (6) Revocation of license.
- (7) Impose a monetary penalty not to exceed $500 for each violation.
- (c) As a condition of reinstatement of a suspended license or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this subchapter.
78 Del. Laws, c. 407, § 1