24 Del. C. § 1714A — Delaware Code / Title 24 / Chapter 17A / Section 1714A
§ Â
        1714A. Organization and operation of the Interstate Commission.
Status: in_force

(a) The Interstate Commission shall, by a majority of Commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact within 12 months of the first Interstate Commission meeting.

(b) The Interstate Commission shall elect or appoint annually from among its Commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson’s absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission.

(c) Officers selected under subsection (b) of this section shall serve without remuneration from the Interstate Commission. The officers and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

(d) The liability of the executive director and employees of the Interstate Commission or representatives of the Interstate Commission, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purpose of any such action.

(e) Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

(f) The Interstate Commission shall defend the executive director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

(g) To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgement, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of the Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
24 Del. C. § 113 — Delaware Code / Title 24 / Chapter 1 / Section 113
§ Â
        113. Examinations.
Status: in_force

The Board may, by regulation, prescribe the terms and conditions for granting credit to a candidate for a permit to practice certified public accountancy or an applicant for a permit to practice public accountancy based on the candidate’s or applicant’s satisfactory completion of an examination in any 1 or more of the subjects of the Uniform Certified Public Accountant Examination, the examination recognized by the National Society of Public Accountants and any written examination in any other subject or subjects given by the Board or by the licensing authority in any other jurisdiction.
24 Del. C. § 1926 — Delaware Code / Title 24 / Chapter 19 / Section 1926
§ Â
        1926. Status of present Board members.
Status: in_force

Each member of the Board of Nursing on July 1, 1983, becomes a member of the Board created by this chapter until the expiration of the term which that member was serving on that date. Any vacancy occurring in the membership of the former Board shall be filled in the manner provided in this chapter.
24 Del. C. § 1327 — Delaware Code / Title 24 / Chapter 13 / Section 1327
§ Â
        1327. Regulation of advertising.
Status: in_force

(a) The Board shall promulgate such rules and regulations, upon notice to the public in general, as the Board deems necessary to avoid advertising techniques, cards or other forms of publication which will mislead the public as to any matter that relates to law enforcement. The Board shall further have the authority to order any business to comply with these rules and regulations.

(b) Failure to comply with any order of the Board pursuant to subsection (a) of this section shall be cause for suspension or revocation of the license.
24 Del. C. § 2522 — Delaware Code / Title 24 / Chapter 25 / Subchapter III / Section 2522
§ Â
        2522. Prescription labeling [Effective until June 30, 2026].
Status: in_force

(a) A practitioner prescribing a drug to be prepared and dispensed by a pharmacist in this State for the use of a patient or any third person must, as part of the prescription, include directions describing the exact method by which the drug must be taken or administered. A prescription without specific directions, or a prescription bearing the notation “as directed” without specific directions, may not be prepared or dispensed.

(b) A pharmacist shall affix to every container in which a drug is dispensed a label containing the following information:

(1) Prescription number;

(2) The date the prescription is dispensed;

(3) Patient’s full name;

(4) Brand or established name and strength of the drug to the extent that it can be measured;

(5) Practitioner’s directions as found on the prescription;

(6) Practitioner’s name;

(7) Name and address of the dispensing pharmacy or practitioner.

(c) Practitioners who, for good reason, do not wish to reveal the name or strength of the drug prescribed to the patient shall so inform the pharmacist by a notation on the face of the prescription. However, practitioners who sell drugs directly to patients shall label all such drugs in accordance with this section with the exception of a prescription number. Practitioners who dispense drugs directly to patients shall label all drugs or provide a document including the following information:

(1) The patient’s full name;

(2) The date the drugs were dispensed to the patient;

(3) The practitioner’s name;

(4) The practitioner’s directions.

(d) No pharmacist shall fail to dispense a prescription because it is not clearly written and/or lacks information required by this title without first making a reasonable effort to contact the practitioner who issued the prescription to gather the clear and complete information.
24 Del. C. § 2916 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2916
§ Â
        2916. Reinstatement of a suspended license or issuance of a new license after revocation; removal from probationary status.
Status: repealed

(a) Where a license has been suspended due to the disability of the licensee, the Commission may reinstate such license if, after a hearing, the Commission is satisfied that the licensee is able to practice real estate services with reasonable skill and safety.

(b) As a condition to reinstatement of a suspended license, or removal from probationary status, the Commission may reinstate such license if, after a hearing, the Commission is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation.

(c) Individuals seeking reinstatement must pay the appropriate fees and submit documentation required by the Commission as evidence that all the conditions of a suspension and/or probation have been met. Proof that the licensee has met the continuing education requirements of this chapter may also be required, as appropriate.

(d) [Repealed.]

(e) An individual whose license has been revoked must apply as a new applicant pursuant to the rules and regulations.
24 Del. C. § 2503 — Delaware Code / Title 24 / Chapter 25 / Subchapter I / Section 2503
§ Â
        2503. Board of Pharmacy; appointments; composition; qualifications; terms; vacancies; suspension or removal; unexcused absences; compensation [Effective until June 30, 2026].
Status: in_force

(a) The Delaware State Board of Pharmacy shall administer and enforce this chapter.

(b) The Board consists of 9 members who are appointed by the Governor and who are residents of the State. Six members are pharmacists who have been engaged in the practice of pharmacy in Delaware for at least 5 years and who are representative of the various practice settings in the field of pharmacy. Three members are public members, 1 from each county. A public member may not be, nor ever have been, a pharmacist or a member of the immediate family of a pharmacist; may not be, nor ever have been, employed by a pharmacy; may not have a material interest in the providing of goods or services to a pharmacy; and may not be, nor ever have been, engaged in an activity directly related to the practice of pharmacy. A public member must be accessible to inquiries, comments, and suggestions from the general public.

(c) Except as provided in subsection (d) of this section, each Board member serves a term of 3 years, and may succeed oneself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, the member may succeed oneself for only 1 additional full term. A person appointed to fill a vacancy on the Board holds office for the remainder of the unexpired term of the vacating member. Each term of office expires on the date specified in the appointment; however, a Board member whose appointment has expired remains eligible to participate in Board proceedings unless or until replaced by the Governor. Members must be appointed so that the terms of no more than 3 members expire in any 1 year. A person who is a member of the Board on July 24, 2007, may complete that person’s own term.

(d) A person who has never served on the Board may be appointed to the Board for 2 consecutive terms; but that person is thereafter ineligible to serve for 2 consecutive appointments. A person who has been twice appointed to the Board or who has served on the Board for 6 years within any 9-year period may not again be appointed to the Board until an interim period of at least 1 term has expired since the person last served.

(e) An act or vote on Board business by a person appointed to the Board in violation of this section is invalid.

(f) The Governor shall suspend or remove a member of the Board for the member’s misfeasance, nonfeasance, malfeasance, misconduct, incompetency, or neglect of duty. A member subject to a disciplinary hearing must be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal to the Superior Court a suspension or removal initiated pursuant to this subsection.

(g) A member of the Board, while serving on the Board, may not hold elective office in any professional association of pharmacists or serve as an officer of a professional association’s political action committee (PAC).

(h) The provisions of the State Employees’, Officers’ and Officials’ Code of Conduct set forth in Chapter 58 of Title 29 apply to the members of the Board.

(i) A member who is absent without adequate reason for 3 consecutive regular business meetings or who fails to attend at least 1/2 of all regular business meetings during any calendar year is guilty of neglect of duty.

(j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9.

(k) The Pharmacy Regulatory Council shall fall under the authority of the Board of Medical Licensure and Discipline and shall consist of 4 pharmacists and 1 member of the public appointed by the Board of Pharmacy, and 2 physicians appointed by the Board of Medical Licensure and Discipline. One of the physicians shall serve as chairperson of the Council. Regulations applicable to activities described in §  2502(21)h. of this title must be approved by the Council.
24 Del. C. § 1731A — Delaware Code / Title 24 / Chapter 17 / Subchapter IV / Section 1731A
§ Â
        1731A. Duty to report.
Status: in_force

(a) Any person may report to the Board information that the reporting person reasonably believes indicates that a person certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to patients by reason of a mental or physical disability or serious health condition that prevents a physician’s ability to practice medicine in a fully competent and professional manner with reasonable skill and safety to patients. For purposes of this section, a mental or physical disability or serious health condition does not prevent a physician’s ability to practice medicine with reasonable skill and safety when the condition is reduced or ameliorated because of ongoing treatment, with or without medication, or participation in a monitoring program or because of the field of practice, the setting, or the manner of the physician’s current medical practice. The following have an affirmative duty to report, and must report, such information to the Board in writing within 30 days of becoming aware of the information:

(1) All persons certified to practice medicine under this chapter;

(2) All certified, registered, or licensed healthcare providers;

(3) The Medical Society of Delaware;

(4) All healthcare institutions in the State;

(5) All state agencies other than law-enforcement agencies;

(6) All law-enforcement agencies in the State, except that such agencies are required to report only new or pending investigations of alleged criminal conduct specified in § 1731(b)(2) of this title, and are further required to report within 30 days of the close of a criminal investigation or the arrest of a person licensed under this chapter.

(b) If a person certified and registered to practice medicine in this State voluntarily resigns from the staff of a healthcare institution, or voluntarily limits that person’s own staff privileges at a healthcare institution, or fails to reapply for hospital or staff privileges at a healthcare institution, the healthcare institution and the person shall promptly report in writing such conduct to the Board if the conduct occurs while the person is under formal investigation by the institution or a committee thereof for any reason related to possible unprofessional conduct or possible inability to practice medicine by reason of a mental or physical disability or serious health condition that prevents the physician’s ability to practice medicine with reasonable skill and safety under § 1731(c) of this title.

(c) Upon receiving a report pursuant to subsection (a) or (b) of this section, or on its own motion, the Board shall investigate any evidence which appears to show that the person reported is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to patients by reason of a mental or physical disability or serious health condition that prevents the physician’s ability to practice medicine with reasonable skill and safety under § 1731(c) of this title.

(d) When an investigation is necessary pursuant to subsection (c) of this section, the Executive Director, with the approval of the assisting Board members who must be or must include a physician and a public member when the investigation relates to the quality of medical care provided by a physician or to the competency of a physician to engage safely in the practice of medicine, has the authority to inquire from any organization which undertakes physician peer review or physician quality assurance evaluations whether or not there has been any peer review, quality assurance, or similar process instituted involving the physician under investigation. The Executive Director may, by subpoena, compel the production of a list of the medical records reviewed during the peer review process, a list of the quality assurance indicators, and/or a list of other issues which were the basis for the peer review, quality assurance, or similar process. The lists produced must identify each item with a unique medical identifier to replace the patient’s name and specific identifying information. If necessary, after receiving the lists the Executive Director may, by subpoena, compel the production of the relevant medical records. However, the individual, hospital, organization, or institution shall remove the patient’s name and specific identifying information from the records prior to complying with the subpoena. If, after having reviewed the records produced, an assisting physician Board member and an assisting public Board member consider it necessary, the Executive Director may, by subpoena, compel the production of the patient’s name. The Board shall take reasonable steps to protect the identity of the patient in so far as such protection does not, in the opinion of the Board, adversely affect the Board’s ability to protect the public interest. An individual, hospital, organization, or institution that furnishes information to the Board pursuant to a subpoena issued pursuant to this subchapter with respect to any patient is not solely by reason of furnishing the information liable in damages to any person or subject to any other recourse, civil or criminal.

(e) The Board shall promptly acknowledge all reports received under this section. Individuals or entities reporting under this section must be promptly informed of the Board’s final disposition of the reported matters.

(f) Malpractice insurance carriers and insured persons certified to practice medicine in this State shall file with the Board a report of each final judgment, settlement, or award against the insured persons. A person not covered by a malpractice insurance carrier shall also file a report with the Board. A report required to be filed under this subsection must be made to the Board within 30 days of a final judgment, settlement, or award.

(g) An individual, institution, agency, or organization required to report under this section who does so in good faith is not subject to civil damages or criminal prosecution for reporting.

(h) The Executive Director shall initially review every report made to the Board under this subchapter. The Executive Director may defer the investigation of a report pending a reported licensee’s evaluation and treatment for substance abuse or for physical or mental illness, provided sufficient safeguards exist to protect the licensee’s patients and the public. Safeguards may include a verifiable, voluntary cessation of the practice of medicine or a limited or monitored practice. Upon completion of the reported licensee’s evaluation and treatment, the Executive Director may resume investigation of the report pursuant to the requirements of this chapter. If the Executive Director determines that a deferral is warranted, the case shall be summarized and placed before the Board for its information.

(i) Pursuant to the authority conferred herein and by § 1713 of this title, the Board shall have the authority to impose a fine, not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation, on any person, any healthcare provider, any healthcare institution, and the Medical Society of Delaware for violation of any duty imposed by this chapter, and said fine shall be imposed pursuant to the procedures of this chapter.

(j) Upon receiving a complaint involving potential criminal conduct, the Board shall promptly report the complaint to appropriate law-enforcement agencies, including the Delaware Department of Justice.
24 Del. C. § 3921 — Delaware Code / Title 24 / Chapter 39 / Section 3921
§ Â
        3921. Treatment records; discontinuation of a practice; termination of a client relationship; death of a licensed clinical social worker.
Status: in_force

(a) (1) A licensed clinical social worker licensed under this chapter shall provide notice under this section to all affected clients no less than 30 days before doing any of the following:

a. Discontinuing a social work practice in this State when the licensee is not transferring client records to another provider in this State.

b. Terminating a client relationship.

(2) The notice required under paragraph (a)(1) of this section must include all of the following:

a. How the client can obtain the client’s records.

b. The name, phone number, and address of other providers in the area who may be available to accept new clients who require that care.

c. The date the licensed clinical social worker will discontinue services.

(3) The notice required under paragraph (a)(1) of this section must be provided by all of the following:

a. If the client is enrolled to receive messages through an electronic medical record system, an electronic message through that system.

b. A letter sent by first-class mail.

(4) When a licensed clinical social worker is closing a social work practice and client records will no longer be available at the licensee’s place of business, the licensee shall provide to the Board of Social Work Examiners notice of how former clients may obtain the client’s records.

(b) (1) If a licensed clinical social worker dies and has not transferred client records to another provider and has not made provisions for a transfer of client records to occur upon the licensee’s death, a personal representative of the licensee’s estate shall provide notice to the deceased licensee’s clients of record by doing all of the following:

a. Publishing a notice to that effect in a newspaper of general circulation in the area where the deceased licensee practiced. The notice must be published at least 1 time per month in the 3-month period after the licensee’s death.

b. Providing notice to all clients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a. of this section by all of the following:

1. If the client is enrolled to receive messages through an electronic medical record system, an electronic message through that system.

2. A letter sent by first-class mail.

(2) The notice required under paragraph (b)(1) of this section must include all of the following:

a. That the licensee has died.

b. How the client can obtain the client’s records.

(3) The personal representative of the person’s estate shall provide the Board of Social Work Examiners notice of how former clients may obtain the client’s records.

(c) (1) If a client changes from the care of a licensed clinical social worker to another provider, the licensee shall transfer the client’s records to the new provider upon the request of either the client or the new provider with the client’s written consent.

(2) If the client and licensee agree, the licensee may forward a summary of the client’s treatment record to the new provider in lieu of transferring the entire record, at no charge to the client.

(d) (1) Clients have the right to obtain a copy of their records from a licensed clinical social worker.

(2) Unless a client is requesting a copy of their records under subsection (a) or (b) of this section or to make or complete an application for a disability benefits program, a client who requests a copy of their records is subject to any of the following charges:

a. The reasonable expenses of copying the client’s records, according to the payment schedule under paragraph (d)(3) of this section.

b. The actual cost of postage or shipping, if the records are mailed or shipped.

c. Charges for copies of records not susceptible to photostatic reproduction, such as radiology films, models, photographs, or fetal monitoring strips, may be the full cost of the reproduction.

(3) The Board of Social Work Examiners shall establish a payment schedule for copies of client records under this section and must review this payment schedule annually.

(4) The licensed clinical social worker or their third-party release-of-information service may require payment of all costs under paragraph (d)(2) of this section before providing the copies of the records.

(e) This section does not apply to a licensed clinical social worker who has seen or treated a client on referral from another provider and who has provided a copy of the record of the diagnosis or treatment to at least 1 of the following:

(1) The referring provider.

(2) A hospital or an agency that has provided treatment for the client.

(f) A licensed clinical social worker has 45 days from the closure of the record or the assembly of a complete record to fulfill a request for client records, unless a faster response is medically necessary.

(g) (1) A licensee may permanently dispose of a client’s record in a manner that ensures confidentiality of the records 7 years after the following:

a. Discontinuing business in this State.

b. The last entry date in the client’s record after terminating the client relationship or the client changes from the care of the licensee to another provider.

(2) Seven years after the death of the licensee, the licensee’s personal representative may permanently dispose of client records that have not been procured, in a manner that ensures confidentiality of the records.

(3) A licensed clinical social worker or the personal representative of the estate of a licensed clinical social worker who disposes of client records in accordance with this section is not liable for any direct or indirect loss suffered as a result of the disposal of a client’s records.

(h) The Board of Social Work Examiners may find that a licensed clinical social worker who violates this section has committed unprofessional conduct, and any aggrieved client or the client’s personal representative may bring a civil action for damages or injunctive relief, or both, against the violator.
24 Del. C. § 3901 — Delaware Code / Title 24 / Chapter 39 / Section 3901
§ Â
        3901. Objectives  of the Board.
Status: in_force

The Board of Social Work Examiners’ primary objective, to which all other objectives and purposes are secondary, is to protect the general public, specifically those who are direct recipients of services that this chapter regulates, from unsafe practices and occupational practices which tend to reduce competition or fix the price of services rendered. The Board achieves this objective through the effective control and regulation of the practice of social work and the licensure, control, and regulation of individuals who practice social work within Delaware. The Board’s secondary objectives are to maintain minimum standards of licensee competency and certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competency, monitor complaints brought against licensees, adjudicate at formal complaint hearings, promulgate rules and regulations, and impose sanctions against licensees where necessary.
24 Del. C. § 1937 — Delaware Code / Title 24 / Chapter 19 / Section 1937
§ Â
        1937. Treatment records; discontinuation of a practice; termination of a patient relationship; death of an advanced practice registered nurse.
Status: in_force

(a) (1) An APRN licensed under this chapter shall provide notice under this section to all affected patients no less than 30 days before doing any of the following:

a. Discontinuing a medical practice in this State when the APRN is not transferring patient records to another health-care provider in this State.

b. Terminating a patient relationship.

(2) The notice required under paragraph (a)(1) of this section must include all of the following:

a. How the patient can obtain the patient’s records.

b. The name, phone number, and address of other health-care providers in the area who may be available to accept new patients who require that medical care.

c. The date the APRN will discontinue services.

(3) The notice required under paragraph (a)(1) of this section must be provided by all of the following:

a. If the patient is enrolled to receive messages through an electronic medical record system, an electronic message through that system.

b. A letter sent by first-class mail.

(4) When an APRN is closing a medical practice and patient medical records will no longer be available at the APRN’s place of business, the APRN shall provide to the Board of Nursing notice of how former patients may obtain the patient’s records.

(b) (1) If an APRN dies and has not transferred patient records to another health-care provider and has not made provisions for a transfer of patient records to occur upon the APRN’s death, a personal representative of the APRN’s estate shall provide notice to the deceased APRN’s patients of record by doing all of the following:

a. Publishing a notice to that effect in a newspaper of general circulation in the area where the deceased APRN practiced. The notice must be published at least 1 time per month in the 3-month period after the APRN’s death.

b. Providing notice to all patients of record who have not requested records 30 days after publication of the first notice under paragraph (b)(1)a. of this section by all of the following:

1. If the patient is enrolled to receive messages through an electronic medical record system, an electronic message through that system.

2. A letter sent by first-class mail.

(2) The notice required under paragraph (b)(1) of this section must include all of the following:

a. That the APRN has died.

b. How the patient can obtain the patient’s records.

(3) The personal representative of the person’s estate shall provide the Board of Nursing notice of how former patients may obtain the patient’s records.

(c) (1) If a patient changes from the care of an APRN to another health-care provider, the APRN shall transfer the patient’s records to the new health-care provider upon the request of the patient or the new health-care provider with the patient’s written consent.

(2) If the patient and APRN agree, the APRN may forward a summary of the patient’s record to the new health-care provider in lieu of transferring the entire record, at no charge to the patient.

(d) (1) Patients have the right to obtain a copy of their records from an APRN.

(2) Unless a patient is requesting a copy of their records under subsection (a) or (b) of this section or to make or complete an application for a disability benefits program, a patient who requests a copy of their records is subject to any of the following charges:

a. The reasonable expenses of copying the patient’s records, according to the payment schedule under paragraph (d)(3) of this section.

b. The actual cost of postage or shipping, if the records are mailed or shipped.

c. Charges for copies of records not susceptible to photostatic reproduction, such as radiology films, models, photographs, or fetal monitoring strips, may be the full cost of the reproduction.

(3) The Delaware Board of Nursing shall establish a payment schedule for copies of patient records under this section and must review this payment schedule annually.

(4) The APRN or their third-party release-of-information service may require payment of all costs under paragraph (d)(2) of this section before providing the copies of the records.

(e) This section does not apply to an APRN who has seen or treated a patient on referral from another health-care provider and who has provided a copy of the record of the diagnosis or treatment to at least 1 of the following:

(1) The referring health-care provider.

(2) A hospital or an agency that has provided treatment for the patient.

(f) An APRN has 45 days from the closure of the record or the assembly of a complete record to fulfill a request for records, unless a faster response is medically necessary.

(g) (1) An APRN may permanently dispose of a patient’s record in a manner that ensures confidentiality of the records 7 years after the following:

a. Discontinuing business in this State.

b. The last entry date in the patient’s record after terminating the patient relationship or the patient changes from the care of the APRN to another health-care provider.

(2) Seven years after the death of an APRN, the APRN’s personal representative may permanently dispose of patient records that have not been procured, in a manner that ensures confidentiality of the records.

(3) An APRN or the personal representative of the APRN who disposes of patient records in accordance with this section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient’s records.

(h) The Delaware Board of Nursing may find that an APRN who violates this section has committed unprofessional conduct, and any aggrieved patient or the patient’s personal representative may bring a civil action for damages or injunctive relief, or both, against the violator.
24 Del. C. § 1806 — Delaware Code / Title 24 / Chapter 18 / Subchapter I / Section 1806
§ Â
        1806. Authority of the Board.
Status: in_force

(a) The Board of Plumbing, Heating, Ventilation, and Air Conditioning Examiners shall have the authority to:

(1) Administer and enforce the provisions of this chapter and of rules and regulations promulgated under this chapter;

(2) Promulgate rules and regulations necessary or desirable to carry out the objectives of this chapter, including rules and regulations to carry out the objectives governing licensure and the requirements for continuing education;

(3) Designate the application form to be used by all applicants and process all applications;

(4) Designate the written, standardized examination, approved by the Division and administered and graded by a testing service, to be taken by applicants except those who qualify for licensure by reciprocity;

(5) Evaluate certified records to determine whether an applicant for licensure, who is or has been licensed, registered, or otherwise authorized to provide services in another jurisdiction, has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against the applicant for such act or offense;

(6) Grant licenses to and renew licenses of, all applicants who meet the qualifications set forth in this chapter;

(7) Refer all complaints concerning master plumbers, master HVACR licensees, or master HVACR restricted licensees, or concerning the practices of the Board, or of the profession to the Division of Professional Regulation for investigation pursuant to § 8735(h) of Title 29. The Division of Public Health shall, upon request, assist the Division of Professional Regulation in the investigation of complaints requiring field inspections;

(8) Hold hearings and take such actions as are permitted under the Administrative Procedures Act, Chapter 101 of Title 29;

(9) Designate and impose appropriate sanction or penalty after time for appeal has lapsed, if the Board determines after a disciplinary hearing that the sanction or penalty should be imposed;

(10) Adopt, and revise as necessary, a detailed statewide HVACR and fuel gas code;

(11) Coordinate an effort with each county and municipality in the State, which effort will result in consistency in local plumbing, HVACR, and fuel gas codes and the statewide plumbing, HVRAC, and fuel gas code;

(12) The Board shall require that all persons licensed in plumbing and HVACR services display the words “Licensed Plumber” and/or “Licensed HVACR” and the license number assigned to them in not less than 3-inch letters and numbers on the vehicles used in the performance of their work.

(b) The Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners shall promulgate regulations specifically identifying those crimes which are substantially related to the work of a master plumber, master HVACR licensee, or master HVACR licensee restricted.

(c) Heating, Ventilation, Air Conditioning and Refrigeration Code; International Fuel Gas Code adoption and enforcement. — The State Board of Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners shall adopt the most recent version of the International Mechanical Code (IMC) and the International Fuel Gas Code (IFC) within 1 calendar year of their issuance with whatever modifications the Board deems appropriate. The State Board of Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners may adopt and enforce additional heating, ventilation, air conditioning, and refrigeration, and fuel gas regulations which shall not be in conflict with the IMC or the IFC.

(d) Local regulations. — Every political subdivision within the State of Delaware, including county, city and municipal governments, shall enforce the International Mechanical Code (IMC) and the International Fuel Gas Code (IFC), as adopted or modified by the State Board of Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners. Every political subdivision retains the right to propose additional or modified heating, ventilation, air conditioning, and refrigeration (HVACR), and fuel gas regulations, which must be submitted in writing to the State Board Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners for review and approval, and which may not be in conflict with the IMC or the IFC. The State Board of Plumbing, Heating, Air Conditioning, Ventilation and Refrigeration Examiners within 60 days of receiving such proposed changes or additions may thereafter adopt, modify or reject the proposed changes or additions. Upon issuance of the statewide HVACR and/or fuel gas regulations every political subdivision shall have the option of adopting and enforcing said regulations, or adopting and enforcing the minimum standards set forth in the most recently adopted version of the IMC and the IFC.
24 Del. C. § 517 — Delaware Code / Title 24 / Chapter 5 / Subchapter II / Section 517
§ Â
        517. Hearing procedures.
Status: in_force

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 515 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) All hearings shall be informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter, as it deems necessary. The Board’s decision shall be in writing and shall include its reasons for such decision. The Board’s decision shall be mailed immediately to the practitioner.

(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with Chapter 101 of Title 29.
24 Del. C. § 2007 — Delaware Code / Title 24 / Chapter 20 / Subchapter II / Section 2007
§ Â
        2007. License required.
Status: in_force

(a) A person may not engage in the practice of occupational therapy or hold the person out to the public in this State as being qualified to practice as an occupational therapist or occupational therapy assistant, or use in connection with the person’s name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person is qualified to practice occupational therapy, unless the person has been licensed under this chapter.

(b) If a license to practice as an occupational therapist or occupational therapy assistant in this State has expired or been suspended or revoked, it is unlawful for the person holding the expired, suspended, or revoked license to practice occupational therapy in this State.

(c) It is unlawful for a person or business entity, or a person’s or business entity’s employees, agents, or representatives to use in connection with the person’s or business entity’s name or business activity the words occupational therapist, occupational therapist registered, licensed occupational therapist, occupational therapy assistant, licensed occupational therapy assistant; the letters of OT, OT/L, OTR, OTR/L, OTA, COTA, COTA/L; or any other words, letters, abbreviations, or insignia indicating or implying directly or indirectly that occupational therapy services are rendered, unless the person or business entity is licensed under this chapter.
24 Del. C. § 1102 — Delaware Code / Title 24 / Chapter 11 / Subchapter I / Section 1102
§ Â
        1102. State Board of Dentistry and Dental Hygiene; appointments; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.
Status: in_force

(a) There is created a State Board of Dentistry and Dental Hygiene which shall administer and enforce this chapter.

(b) The Board shall consist of 9 members, appointed by the Governor, who are residents of this State, 5 of whom shall be dentists licensed under this chapter and who have been actively practicing dentistry in this State for a period of 5 years immediately preceding appointment to the Board; 1 member shall be a dental hygienist who has been actively practicing dental hygiene in this State for a period of 5 years immediately preceding appointment to the Board; and 3 public members who shall have been residents of this State for a period of 5 years immediately preceding appointment to the Board. The public members shall not be, nor ever have been, dentists or dental hygienists, nor members of the immediate family of a dentist or dental hygienist; shall not have been employed by a dentist; and shall not have a material interest in the providing of goods and services to dentists or dental hygienists, nor have been engaged in an activity directly related to dentistry or dental hygiene. The public members shall be accessible to inquiries, comments and suggestions from the general public. No public member shall have been licensed in any health related field or be licensed to practice law. No person shall be eligible for appointment to the Board who is in any manner connected with or interested in any dental college or the dental department of any college or university or the dental supply business.

(c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may succeed himself or herself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor.

(d) A person who has never served on the Board may be appointed to the Board for 2 consecutive terms; but, no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Board or who has served on the Board for 6 years within any 9-year period shall again be appointed to the Board until an interim period of at least 1 year has expired since such person last served.

(e) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section, unless such an amendment or revision amends this section to permit such an appointment.

(f) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Board business until the charge is adjudicated or otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.

(g) No member of the Board, while serving on the Board, shall hold elective office in any professional association of dentists or dental hygienists, including the Delaware State Dental Society and the Delaware Dental Hygienists’ Association.

(h) The provisions set forth for “employees” in Chapter 58 of Title 29 shall apply to all members of the Board.

(i) Any member who is absent without adequate reason for 3 consecutive meetings or fails to attend at least 1/2 of all regular business meetings during any calendar year shall be guilty of neglect of duty.

(j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel; and in addition, shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9.

(k) A dentist and a dental hygienist from the same practice, or 2 dentists from the same practice, or 2 dental hygienists from the same practice, may not serve on the Board or the Dental Hygiene Advisory Committee at the same time.
24 Del. C. § 5108 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5108
§ Â
        5108. Examinations.
Status: in_force

(a) There shall be separate written and practical examinations for licensure for barbering, cosmetology, nail technology, electrology and aesthetics which shall be professionally developed and used on a national basis. Each of these examinations shall be offered at least semi-annually. If the required written or practical examination cannot be procured from a professional testing service, the Board may develop the written or practical examination subject to the approval of the Division of Professional Regulation.

(b) No Board member or designee of the Board may administer a practical examination to any student from an educational institution or commercial establishment where the Board member or designee of the Board is employed or has a fiduciary interest therein.

(c) Examination services shall be contracted and approved by the Division of Professional Regulation. Grading will be performed by the contracted testing service where professionally developed examinations are used. All scoring for practical examinations shall be approved by the Division of Professional Regulation.

(d) The Board, in its rules and regulations, shall determine the number of times that an applicant may retake the examination.
24 Del. C. § 3124 — Delaware Code / Title 24 / Chapter 31 / Subchapter III / Section 3124
§ Â
        3124. Criminal background checks of licensed funeral directors.
Status: in_force

An applicant for licensure to practice as a licensed funeral director shall submit, at the applicant’s expense, fingerprints and other necessary information in order to obtain all of the following:

(1) A report of the individual’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person.

(2) A report of the individual’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Board shall be the screening point for the receipt of the individual’s federal criminal history records.
24 Del. C. § 1123 — Delaware Code / Title 24 / Chapter 11 / Subchapter II / Section 1123
§ Â
        1123. Examinations.
Status: repealed

(a) (1) An applicant applying for licensure by examination shall successfully pass, with a score established by the Board, a validated practical examination prepared and administered by the Board.

(2) The examination required under paragraph (a)(1) of this section must be validated as to content and scoring by a member of the faculty of an accredited school of dentistry who meets all of the following:

a. Is not licensed to practice dentistry in this State.

b. Is selected by the Division and the Board.

(3) An applicant who has failed the practical examination 3 times may not take the examination again unless the applicant can provide evidence of mitigating circumstances to the satisfaction of the Board.

(b) An applicant applying for licensure by examination shall submit evidence, verified by oath satisfactory to the Board, that the person meets the following:

(1) If applying for licensure as a dentist, that the person meets all of the following:

a. Has received a degree in dentistry from a dental college or university accredited by the Commission on Dental Accreditation of the American Dental Association.

b. Has submitted proof satisfactory to the Board that the applicant has successfully completed the National Board of Dental Examiners’ examinations in dentistry with a passing score established by the Board.

c. Has successfully passed a written jurisprudence examination on Delaware laws pertaining to dentistry.

(2) If applying for licensure as a dental hygienist, that the person meets all of the following:

a. Has fulfilled the requirements under § 1122(b) of this title.

b. Has submitted proof satisfactory to the Board that the applicant has successfully passed the National Board of Dental Examiners’ examination in dental hygiene with a passing score established by the Board.

c. Has successfully passed a written jurisprudence examination on Delaware laws pertaining to dental hygiene.

(3) [Repealed.]

(c) All examinations under this section must be approved by the Division and the Board.
24 Del. C. § 708 — Delaware Code / Title 24 / Chapter 7 / Section 708
§ Â
        708. Fees.
Status: in_force

The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for an activity not specified in this chapter. The application fee shall not be combined with any other fee or charge, except as specifically set forth herein. At the beginning of each calendar year the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate fee for the coming year.
24 Del. C. § 2011 — Delaware Code / Title 24 / Chapter 20 / Subchapter II / Section 2011
§ Â
        2011. Reciprocity.
Status: in_force

Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who presents proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States, and who meets all of the following criteria:

(1) Has a license in good standing as defined in § 2008(a)(4)-(6) of this title.

(2) Has achieved the passing score on all parts of the written, standardized examination administered by the National Board for Certification in Occupational Therapy, Inc., or its successor.
24 Del. C. § 1735 — Delaware Code / Title 24 / Chapter 17 / Subchapter IV / Section 1735
§ Â
        1735. Revocation or suspension of certificate.
Status: in_force

(a) If the Board determines pursuant to this subchapter that a fine and/or the restriction, suspension, or revocation of a certificate to practice medicine and/or any other disciplinary action or other action is warranted, an order describing the Board’s action must be served personally or sent by certified mail, return receipt requested, to the certificate holder. In addition, copies of the order must be filed in the office of the Board, in the Division of Professional Regulation, in the Division of Public Health of the Department of Health and Social Services, and with the Director of Revenue. Upon receipt of an order of the Board revoking or suspending a certificate to practice medicine, the Director of Revenue shall forthwith revoke or suspend the occupational license to practice medicine issued by the Director and comply with any terms of the order applicable to the Division of Revenue.

(b) The Director of Revenue may not issue an occupational license or a license renewal to any person whose certificate to practice medicine has been revoked or suspended by the Board, unless issuance is in conformity with the terms and conditions of the order of revocation or suspension, or in conformity with any order of reinstatement issued by the Board, or in accordance with a final judgment in any proceeding for review instituted under this chapter.
24 Del. C. § 3041 — Delaware Code / Title 24 / Chapter 30 / Subchapter III / Section 3041
§ Â
        3041. Definitions.
Status: in_force

As used in this subchapter:

(1) “Chemical dependency professional” is a person who uses addiction counseling methods to assist an individual or group to develop an understanding of alcohol and drug dependency problems, define goals, and plan action reflecting the individual’s or group’s interest, abilities and needs as affected by addiction problems.

(2) “Counseling experience” is a formal, systematic process that focuses on skill development and integration of knowledge related to addiction counseling and reflects the accumulation of hours spent providing substance abuse counseling services while under the supervision of an approved clinical supervisor.

(3) “Licensed chemical dependency professional” is a person who holds a current, valid license issued pursuant to this chapter.

(4) “Professional counseling experience” is the accumulation of hours spent providing chemical dependency counseling services in a substance abuse counseling setting, including face to face interaction with clients and other services directly related to the treatment of clients.

(5) “Supervised counseling experience” is the overseeing of a supervisee’s application of chemical dependency counseling principles, methods or procedures to assist clients in achieving more effective personal and social adjustment.

(6) “Uncompensated addictions services” are services offered to chemical dependent individuals free of charge.
24 Del. C. § 1627 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1627
§ Â
        1627. Jurisdiction.
Status: in_force

Exclusive jurisdiction for all criminal violations of this chapter shall be in the Superior Court.
24 Del. C. § 1207 — Delaware Code / Title 24 / Chapter 12 / Subchapter I / Section 1207
§ Â
        1207. Change in ownership or site of business; revocation of license [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

(a) A new license is required whenever there is any change in the ownership, type of organization, or control of the licensed security alarm business that results in the creation of a new legal entity.

(b) In the event of any change in the ownership or type of organization or any change in the address of any office or location, the licensee shall notify the Director of such a change in writing within 14 days of the change. A licensee’s failure to give such notification is sufficient cause for suspension or revocation of the security alarm business license.

(c) Each license shall be issued to the person named on the application and shall be valid only for the person named on the license. No license shall be assigned or otherwise transferred to another person, with the exception of a sole proprietorship or partnership that incorporates, where the initial licensee remains as a principal in the newly-formed corporation.

(d) Each new officer, management appointee, or compliance agent shall provide the Professional Licensing Section with the information required under § 1204(a) of this title.

(e) The Professional Licensing Section shall review each new applicant under subsection (d) of this section as provided under § 1204 of this title. If the applicant fails to meet the standards the license shall be revoked.
24 Del. C. § 3805 — Delaware Code / Title 24 / Chapter 38 / Section 3805
§ Â
        3805. Powers and duties.
Status: in_force

The Board of Dietetics/Nutrition shall have the authority to:

(1) Formulate rules and regulations with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act, Chapter 101 of Title 29. Each rule or regulation shall implement or clarify a specific section of this chapter.

(2) Grant or deny a license to an applicant in accordance with the qualifications criteria set forth in this chapter.

(3) Evaluate the credentials of all persons applying for a license as a Licensed Dietitian/Nutritionist in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this chapter.

(4) Designate the application form to be used by all applicants and to process all applications.

(5) Designate the examination to be taken by persons applying for licensure where such examination is required by this chapter.

(6) Refer all complaints from practitioners and from the public to the Division of Professional Regulation for investigation pursuant to § 8735 of Title 29 and assign a member of the Board to assist the Division in an advisory capacity with the investigation.

(7) Hold hearings and take such actions as are permitted under the provisions of the Administrative Procedures Act, Chapter 101 of Title 29, and this chapter.

(8) Where it has been determined after a disciplinary hearing, that disciplinary action should be imposed, to designate and impose appropriate disciplinary action after time for appeal has lapsed.

(9) Issue cease and desist orders, injunctive orders and/or seek the imposition of other civil penalties defined in this chapter, and/or fine persons for violating cease and desist orders and/or sue persons for recovery of fines imposed under this chapter, after a hearing conducted in accordance with this chapter and the Administrative Procedures Act [Chapter 101 of Title 29].

(10) Prepare and maintain a registry of Licensed Dietitians/Nutritionists.

(11) Promulgate regulations specifically identifying those crimes which are substantially related to the provision of dietetic and nutrition therapy.
24 Del. C. § 5312 — Delaware Code / Title 24 / Chapter 53 / Subchapter II / Section 5312
§ Â
        5312. Issuance and renewal of licenses; certification.
Status: in_force

(a) The Board shall issue a license or certificate to each applicant who meets the requirements of this chapter for licensure as a massage and bodywork therapist or certification as a massage technician and who pays the fee established under § 5311 of this title.

(b) Each license or certificate shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation, and upon payment of the appropriate fee and submission of a renewal form provided by the Division of Professional Regulation, and proof that the licensee or certificant has met the continuing education requirements established by the Board.

(c) The Board, in its rules and regulations, shall determine the period of time within which a licensed massage and bodywork therapist or certified massage technician may still renew such license or certificate, notwithstanding the fact that such licensee or certificant has failed to renew on or before the renewal date.

(d) Any licensee or certificate holder, upon written request, may be placed on inactive status. Any person who desires to reactivate that person’s license or certificate shall complete a Board approved application form, submit a reactivation fee set by the Division, submit proof of current CPR certification, and submit evidence of compliance with continuing education requirements in accordance with the Board’s rules and regulations.
24 Del. C. § 105 — Delaware Code / Title 24 / Chapter 1 / Section 105
§ Â
        105. Powers and duties.
Status: repealed

(a) The Board of Accountancy shall have the authority to:

(1) Formulate rules and regulations, with appropriate notice to those affected. Each rule or regulation shall implement or clarify a specific section of this chapter. All rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act, Chapter 101 of Title 29;

(2) Designate the application form to be used by all applicants and to process all applications;

(3) Designate an examination to be taken by persons applying for a permit, as follows:

a. The Board shall adopt the Uniform Certified Public Accountant Examination as the national examination to be taken by all applicants for licensure as certified public accountants and use the advisory grading service of the American Institute of Certified Public Accountants (AICPA), or its successor organization.

b. The Board shall adopt the examination recognized by the National Society of Public Accountants (NSPA) as the national examination to be taken by applicants for permits as public accountants and use the advisory grading service of the NSPA.

c. The Division shall have the power to review, approve and execute all contracts for examination services;

(4) Provide notice and information to applicants regarding their applications;

(5) Designate the requirements for the issuance of permits to practice consistent with the provisions of this chapter;

(6) [Repealed].

(7) Issue permits to practice to individuals and firms who meet the qualifications of this chapter;

(8) Require the completion of continuing education requirements for all licensees;

(9) Evaluate certified records to determine whether an applicant for a permit to practice, who has been previously licensed or certified, or who has held a certificate and/or permit in another jurisdiction, has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicants for such acts or offenses;

(10) Refer all complaints from licensees and the public concerning accountants and the practice of public accounting or certified public accounting, or concerning practices of the Board or of the profession, or concerning the unlicensed practice of public accountancy or certified public accountancy, to the Division for investigation pursuant to § 8735 of Title 29 and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint. Such member shall recuse himself or herself from the deliberations on the complaint;

(11) Conduct hearings and issue orders in accordance with procedures established pursuant to this chapter, the Administrative Procedures Act (Chapter 101 of Title 29) and § 8735 of Title 29. Where such provisions conflict with the provisions of this chapter, this chapter shall govern. The Board shall determine whether or not a person or firm shall be subject to a disciplinary hearing, and, if so, shall conduct such hearing in accordance with this chapter, the Administrative Procedures Act (Chapter 101 of Title 29) and § 8735 of Title 29;

(12) Where it has been determined, after a disciplinary hearing, that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed;

(13) Bring proceedings in the courts for the enforcement of this chapter;

(14) To become a member of the National Association of State Boards of Accountancy or its successor organization and to pay such dues which that association shall establish; to send delegates to its meetings; and to assist members attending that association’s meetings; and

(15) To require all applicants for permits to practice to obtain a passing grade on the Code of Ethics examination administered and graded by the American Institute of Certified Public Accountants (AICPA).

(b) The Board of Accountancy shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of accountancy.
24 Del. C. § 1799T — Delaware Code / Title 24 / Chapter 17 / Subchapter XII / Section 1799T
§ Â
        1799T. Statement of purpose.
Status: in_force

The intent of the General Assembly in enacting this subchapter is to establish minimum standards of education, experience and examination for professional polysomnographers so that the public can readily identify those who meet these minimum standards. In enacting this subchapter the General Assembly intends to provide a licensure process for professional polysomnographers, a scope of practice for polysomnographer services, and to establish “licensed polysomnographer” as the state-recognized legal title for professional polysomnographers. It is also the intent of the General Assembly in enacting this subchapter to assure consumers the right to choose from whom they receive information and advice. Recognition of these goals will protect the health of the public by broadening access to appropriate polysomnography services.
24 Del. C. § 1784 — Delaware Code / Title 24 / Chapter 17 / Subchapter VIII / Section 1784
§ Â
        1784. Application for waiver of parental notice requirement; grounds; timeliness of decision; notice of decision; appeals; costs.
Status: in_force

(a) The Court shall consider waiving the notice requirement of § 1783 of this title upon the proper application of a minor. The application shall be in writing, signed by the minor, and verified by her oath or affirmation before a person authorized to perform notarial acts. It shall designate:

(1) The minor’s name and residence address;

(2) A mailing address where the Court’s order may be sent and a telephone number where messages for the minor may be left;

(3) That the minor is pregnant;

(4) That the minor desires to obtain an abortion;

(5) Each person for whom the notice requirement is sought to be waived; and

(6) The particular facts and circumstances which indicate that the minor is mature and well-informed enough to make the abortion decision on her own and/or that it is in the best interest of the minor that notification pursuant to § 1783 of this title be waived.

(b) The Court, by a judge, shall grant the written application for a waiver if the facts recited in the application establish that the minor is mature and well-informed enough to make the abortion decision on her own or that it is in the best interest of the minor that notification pursuant to § 1783 of this title be waived. The Court shall presume that married parents not separated and grandparents are complete confidants, such that, on application to waive the notice requirement as to either, grounds to waive the notice requirement as to one parent or grandparent shall constitute grounds to waive the notice requirement as to the spouse thereof.

(c) If the Court fails to rule within 5 calendar days of the time of the filing of the written application, the application shall be deemed granted; in which case, on the sixth day, the Court shall issue an order stating that the application is deemed granted.

(d) The Court shall mail 3 copies of any order to the mailing address identified in the application on the day the order issues, shall attempt to notify the minor by telephone on the day the order issues, and if so requested, shall make copies of the order available at Court chambers for the minor.

(e) An expedited appeal to the Supreme Court shall be available to any minor whose petition is denied by a judge of the Family Court. Notice of intent to appeal shall be given within 2 days of the receipt of actual notice of the denial of the petition. The Supreme Court shall advise the minor that she has a right to court-appointed counsel and shall provide her with such counsel upon request, at no cost to the minor. The Supreme Court shall expedite proceedings to the extent necessary and appropriate under the circumstances. The Supreme Court shall notify the minor of its decision consistent with subsection (d) of this section.

(f) No court shall assess any fee or cost upon a minor for any proceeding under this section.

(g) Each Court shall provide by rule for the confidentiality of proceedings under this subchapter, but shall continue to initiate investigations into any allegations of past abuse where otherwise appropriate, without disclosing that an application under this subchapter was the source of the information prompting the investigation.
24 Del. C. § 1774B — Delaware Code / Title 24 / Chapter 17 / Subchapter VI / Section 1774B
§ Â
        1774B. Prohibited acts; penalties; enforcement.
Status: in_force

(a) A person may not practice as a physician assistant in this State or represent that the person is a physician assistant or knowingly allow himself or herself to be represented as a physician assistant unless the person is licensed under this subchapter, except as otherwise provided in this chapter.

(b) A person who, contrary to the provisions of this subchapter, practices or attempts to practice as a physician assistant within the State or represents that the person is a physician assistant or knowingly allows himself or herself to be represented as a physician assistant shall be fined not less than $500 nor more than $2,000 or imprisoned not more than 1 year, or both.

(c) The Attorney General of this State or a deputy attorney general shall enforce the provisions of this subchapter.
24 Del. C. § 1720A — Delaware Code / Title 24 / Chapter 17A / Section 1720A
§ Â
        1720A. Member states, effective date and amendment.
Status: in_force

(a) Any state is eligible to become a member of the Compact.

(b) The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 7 states. Thereafter, it shall become effective and binding on a state upon enactment of the Compact into law by that state.

(c) The governors of non-member states, or their designees, shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the Compact by all states.

(d) The Interstate Commission may propose amendments to the Compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states until it is enacted into law by unanimous consent of the member states.
24 Del. C. § 1903B — Delaware Code / Title 24 / Chapter 19B / Section 1903B
§ Â
        1903B. Definitions [Effective upon fulfillment of 83 Del. Laws, c. 110, Â 2].
Status: in_force

As used in this Compact:

(a) “Advanced practice registered nurse” or “APRN” means a registered nurse who has gained additional specialized knowledge, skills and experience through a program of study recognized or defined by the Interstate Commission of APRN Compact Administrators (“Commission”), and who is licensed to perform advanced nursing practice. An advanced practice registered nurse is licensed in an APRN role that is congruent with an APRN educational program, certification, and Commission rules.

(b) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against an APRN, including actions against an individual’s license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting an APRN’s authorization to practice, including the issuance of a cease and desist action.

(c) “Alternative program” means a non-disciplinary monitoring program approved by a licensing board.

(d) “APRN licensure” means the regulatory mechanism used by a party state to grant legal authority to practice as an APRN.

(e) “APRN uniform licensure requirements” means the minimum uniform licensure, education and examination requirements set forth in § 1904B(b) of this title.

(f) “Coordinated licensure information system” means an integrated process for collecting, storing and sharing information on APRN licensure and enforcement activities related to APRN licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.

(g) “Current significant investigatory information” means:

(1) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the APRN to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

(2) Investigative information that indicates that the APRN represents an immediate threat to public health and safety regardless of whether the APRN has been notified and has had an opportunity to respond.

(h) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board in connection with a disciplinary proceeding.

(i) “Home state” means the party state that is the APRN’s primary state of residence.

(j) “Licensing board” means a party state’s regulatory body responsible for regulating the practice of advanced practice registered nursing.

(k) “Multistate license” means an APRN license to practice as an APRN issued by a home state licensing board that authorizes the APRN to practice as an APRN in all party states under a multistate licensure privilege, in the same role and population focus as the APRN is licensed in the home state.

(l) “Multistate licensure privilege” means a legal authorization associated with an APRN multistate license that permits an APRN to practice as an APRN in a remote state, in the same role and population focus as the APRN is licensed in the home state.

(m) “Non-controlled prescription drug” means a device or drug that is not a controlled substance and is prohibited under state or federal law from being dispensed without a prescription. The term includes a device or drug that bears or is required to bear the legend “Caution: federal law prohibits dispensing without prescription” or “prescription only” or other legend that complies with federal law.

(n) “Party state” means any state that has adopted this Compact.

(o) “Population focus” means 1 of the 6 population foci of family/individual across the lifespan, adult-gerontology, pediatrics, neonatal, women’s health/gender-related, and psych/mental health.

(p) “Prescriptive authority” means the legal authority to prescribe medications and devices as defined by party state laws.

(q) “Remote state” means a party state that is not the home state.

(r) “Role” means 1 of the 4 recognized roles of certified registered nurse anesthetists (CRNA), certified nurse-midwives (CNM), clinical nurse specialists (CNS), and certified nurse practitioners (CNP).

(s) “Single-state license” means an APRN license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.

(t) “State” means a state, territory or possession of the United States and the District of Columbia.

(u) “State practice laws” means a party state’s laws, rules, and regulations that govern APRN practice, define the scope of advanced nursing practice and create the methods and grounds for imposing discipline except that prescriptive authority shall be treated in accordance with § 1904B(f) and (g) of this title. “State practice laws” does not include:

(1) A party state’s laws, rules, and regulations requiring supervision or collaboration with a healthcare professional, except for laws, rules, and regulations regarding prescribing controlled substances.

(2) The requirements necessary to obtain and retain an APRN license, except for qualifications or requirements of the home state.
24 Del. C. § 1799W — Delaware Code / Title 24 / Chapter 17 / Subchapter XII / Section 1799W
§ Â
        1799W. Polysomnography Advisory Council.
Status: in_force

(a) The Council consists of 5 voting members. The 5 voting members shall consist of 1 physician member certified in the field of sleep medicine and 4 council members who are credentialed registered polysomnographic technologists and have been primarily employed in the practice of polysomnography in this State for at least 3 years immediately prior to appointment. The 4 polysomnography practicing members shall be licensed pursuant to this subchapter no later than July 1, 2014, and all polysomnography practicing members thereafter shall be licensed pursuant to this subchapter. The Council may elect officers as necessary.

(b) Each council member is appointed by the Board for a term of 3 years, and may succeed himself or herself for 1 additional 3-year term. A person appointed to fill a vacancy on the Council is entitled to hold office for the remainder of the unexpired term of the former member. Each term of office expires on the date specified in the appointment; however, a council member whose term of office has expired remains eligible to participate in council proceedings until replaced by the Board. A person who has never served on the Council may be appointed to the Council for 2 consecutive terms, but the person is thereafter ineligible for appointment to the Council except as hereinafter provided. A person who has been twice appointed to the Council or who has served on the Council for 6 years within any 9-year period may not again be appointed to the Council until an interim period of at least 1 year has expired since the person last served. The members of the Council are to be compensated at an appropriate and reasonable level as determined by the Division of Professional Regulation and may be reimbursed for meeting-related travel expenses at the State’s current approved rate. A member serving on the Council may not be an elected officer or a member of the board of directors of any professional association of polysomnographers.

(c) The Council shall promulgate rules and regulations governing the practice of polysomnography, after public hearing and subject to the approval of the Board. The Board must approve or reject proposed rules or regulations submitted to it by the Council within 60 days. If the Board fails to approve or reject the proposed rules or regulations within 60 days, the proposed rules or regulations are deemed to be approved by the Board.

(d) The Council shall meet quarterly, and at such other times as license applications are pending and evaluate the credentials of all persons applying for a license as a licensed polysomnographer in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this chapter. The Council shall present to the Board the names of individuals qualified to be licensed and shall recommend disciplinary action against licensees as necessary, and shall suggest changes in operations or regulations. The Board shall approve or reject these recommendations within a reasonable time period.

(e) License suspension, revocation, or nonrenewal. — (1) The Council, after appropriate notice and hearing, may recommend to the Board that the Board revoke, suspend, or refuse to issue a license, or place the licensee on probation, or otherwise discipline a licensee found guilty of unprofessional conduct. Unprofessional conduct includes, but is not limited to, fraud, deceit, incompetence, negligence, dishonesty, or other behavior in the licensee’s professional activity which is likely to endanger the public health, safety, or welfare. The Council may recommend and the Board may take necessary action against a licensed polysomnographer, who is unable to render services with reasonable skill or safety to patients because of mental illness or mental incompetence, physical illness, or the excessive use of drugs including alcohol. Disciplinary action or other action taken against a licensed polysomnographer must be accordance with the procedures for disciplinary and other actions against physicians, including appeals as set forth in subchapter IV of this chapter except that a hearing panel for a complaint against a licensed polysomnographer consists of 3 members; 1 of the 3 shall be a physician member of the Board; 2 of the 3 shall be unbiased members of the Council; and if no conflict exists, 1 of the 2 council members shall be the Chair of the Council. The Chair of the hearing panel shall be 1 of the council panel members.

(2) a. In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, the Council may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Council Chair or the Chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporary suspended person requests a continuance of the hearing date. If the temporary suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license.

b. As soon as possible after the issuance of an order temporarily suspending a polysomnographer’s license to practice pending a hearing, the Council Chair shall appoint a 3-member hearing panel consisting of 3 members; 1 of the 3 shall be a physician member of the Board; 2 of the 3 shall be unbiased members of the Council; and if no conflict exists, 1 of the 2 Council members shall be the Chair of the Council. The Chair of the hearing panel shall be 1 of the Council panel members; or the complaint may be scheduled before a hearing officer pursuant to § 8735(v)(1)d. of Title 29. The hearing shall be convened within 60 days of the date of issuance of the order of temporary suspension to consider the evidence regarding the matters alleged in the complaint. If a polysomnographer requests in a timely manner an expedited hearing, the hearing panel shall convene within 15 days of the receipt of the request by the Council. A decision shall be rendered within 30 days of the hearing.

c. In addition to making findings of fact, the hearing panel or hearing officer shall also determine whether the facts found by it constitute a clear and immediate danger to public health. If the hearing panel or hearing officer determines that the facts found constitute a clear and immediate danger to public health, the order of temporary suspension must remain in effect until the Board deliberates and reaches conclusions of law based upon the findings of fact. An order of temporary suspension may not remain in effect for longer than 60 days from the date of the decision rendered unless the suspended polysomnographer requests an extension of the order pending a final decision of the Board. Upon the final decision of the Board, an order of temporary suspension is vacated as a matter of law and is replaced by the disciplinary action, if any, ordered by the Board.
24 Del. C. § 2511 — Delaware Code / Title 24 / Chapter 25 / Subchapter II / Section 2511
§ Â
        2511. Fees [Effective until June 30, 2026].
Status: in_force

The amount charged by the Division for each fee imposed under this chapter must approximate and reasonably reflect the cost necessary to defray the expenses of the Board as well as the proportional expenses incurred by the Division in its services or activities on behalf of the Board. A separate fee may be charged for each service or activity. At the beginning of each licensure biennium, the Division, or a state agency acting on its behalf, shall compute and set the fee for the licensure biennium.
24 Del. C. § 2804 — Delaware Code / Title 24 / Chapter 28 / Section 2804
§ Â
        2804. Delaware Association of Professional Engineers; objectives.
Status: in_force

There is hereby established the Delaware Association of Professional Engineers, an instrumentality of the State. The objectives of the Association and of this chapter are to regulate the practice of engineering, to provide for the registration of qualified persons as professional engineers and the certification of engineer interns, to define the terms “engineer,” “professional engineer,” “engineer intern” and “the practice of engineering,” to create an organization to regulate the practice of engineering to provide and administer qualifying examinations and grant registration to qualified persons as professional engineers, to provide for the appointment and election of members to the governing body of this Association, to define the powers and duties of the Council, to set forth the minimum qualifications and other requirements for registration as a professional engineer, for certification as an engineer intern, and the granting of a certificate of authorization, to set rules for the establishment of fees, expiration requirements and renewal requirements, to establish continuing professional competency guidelines and requirements, and to provide for the enforcement of this chapter together with penalties for violations of the provisions of this chapter.
24 Del. C. § 711 — Delaware Code / Title 24 / Chapter 7 / Section 711
§ Â
        711. Grounds for discipline; procedure; sanctions.
Status: in_force

(a) Practitioners regulated under this chapter shall be subject to those disciplinary actions set forth in this section if, after a hearing, the Board finds the practitioner guilty of unprofessional conduct as defined in subsection (b) of this section.

(b) Unprofessional conduct is hereby defined as any of the following acts:

(1) Use of any false, fraudulent or forged statement or document or use of any fraudulent, deceitful, dishonest or unethical practice in connection with any licensing requirements of this chapter;

(2) Conviction of a crime that is substantially related to the practice of chiropractic;

(3) Any dishonorable or unethical conduct likely to deceive, defraud or harm the public;

(4) The wilful violation of the confidential relations and communications of a patient;

(5) The practitioner has employed or knowingly cooperated in fraud or materiel deception in order to be licensed, or be otherwise authorized to practice chiropractic;

(6) Has excessively used or abused drugs (including alcohol, narcotics or chemicals);

(7) Practice of chiropractic under a false or assumed name;

(8) Use, distribution or prescription for use of dangerous or narcotic drugs;

(9) Solicitation or acceptance of a fee from a patient or other person by fraudulent representation that a manifestly incurable condition can be permanently cured;

(10) Knowing or intentional performance of any act which, unless authorized by the Board of Chiropractic, assists an unlicensed and unauthorized person to practice chiropractic;

(11) The failure to provide adequate supervision to a person working under the practitioner’s direction;

(12) Misconduct, incompetence or gross negligence in the practice of chiropractic;

(13) Wilful failure to divulge to the Board or any committee or representative thereof, upon its request, information relevant to authorization or competence to practice chiropractic;

(14) The violation of this chapter or the violation of an order or regulation of the Board;

(15) Charging a grossly exorbitant fee for professional services rendered;

(16) Suspension, revocation or refusal to grant a license to practice chiropractic or other disciplinary action taken by the appropriate licensing authority in another state or territory; provided, however, that the underlying grounds for such action in another state or territory have been presented to the Board by either certified record or live testimony and the Board has determined that the facts found by the appropriate authority in the other state constitute unprofessional conduct as that term is defined in paragraphs (b)(1) through (15) of this section;

(17) Engaging directly or indirectly in the division, transferring, signing, rebating or refunding of fees received for professional services or profiting by means of a credit or other valuable consideration such as wages, an unearned commission, discount or gratuity with any person who referred a patient, or with any relative or business associate of the referring person. Nothing in this paragraph shall be construed as prohibiting the members of any regularly or properly organized entity recognized under Delaware law and comprised solely of chiropractors from making any division of their total fees among themselves as they determine by contract necessary to defray their joint operating costs. This paragraph shall not apply to chiropractic positions held by chiropractors employed by or contracted with a Delaware licensed medical doctor or doctor of osteopathy that works in the State a minimum of 10 hours per week. It will also not apply to any Delaware-licensed hospitals. The estate of a licensed chiropractor shall have 1 year to divest of the chiropractic business.

(c) Where a practitioner fails to comply with the Board’s request that the practitioner attend a hearing, the Board may petition the Superior Court to order such attendance, and the said Court or any judge assigned thereto shall have the jurisdiction to issue such order.

(d) Subject to subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board; and no practitioner’s right to practice shall be limited by the Board, until such practitioner has been given notice, and an opportunity to be heard in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].

(e) The Board may impose any of the following sanctions, partially, singly or in combination, when it finds that 1 of the conditions or violations set forth in subsection (b) of this section applies to a practitioner regulated under this chapter:

(1) Restrict the license of a practitioner;

(2) Publicly censure a practitioner;

(3) Issue a public letter of reprimand;

(4) Place a practitioner on probationary status, and require the practitioner to:

a. Report regularly to the Board upon the matters which are the basis for the probation;

b. Limit all practice and professional activities to those areas prescribed by the Board; and/or

c. Continue or renew the practitioner’s professional education until the required degree of skill has been attained in those areas which are the basis of the probation;

(5) Suspend any practitioner’s license;

(6) Revoke a practitioner’s license; or

(7) The Board shall permanently revoke the license to practice chiropractic of a person who is convicted of a felony sexual offense.

(f) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.

(g) Where the Board has placed a practitioner on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions or conditions are being or have been violated by the practitioner it may, after a hearing on the matter, suspend or revoke the practitioner’s license.

(h) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license.

(i) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.
24 Del. C. § 3003A — Delaware Code / Title 24 / Chapter 30A / Section 3003A
§ Â
        3003A. State participation in the Compact.
Status: in_force

(a) To participate in the Compact, a state must currently:

(1) License and regulate licensed professional counselors;

(2) Require licensees to pass a nationally recognized exam approved by the Commission;

(3) Require licensees to have a 60 semester-hour (or 90 quarter-hour) master’s degree in counseling or 60 semester-hours (or 90 quarter-hours) of graduate course work including the following topic areas:

a. Professional counseling orientation and ethical practice;

b. Social and cultural diversity;

c. Human growth and development;

d. Career development;

e. Counseling and helping relationships;

f. Group counseling and group work;

g. Diagnosis and treatment; assessment and testing;

h. Research and program evaluation; and

i. Other areas as determined by the Commission.

(4) Require licensees to complete a supervised postgraduate professional experience as defined by the Commission;

(5) Have a mechanism in place for receiving and investigating complaints about licensees.

(b) A member state shall:

(1) Participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules;

(2) Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee;

(3) a. Implement or utilize procedures for considering the criminal history records of applicants for an initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;

b. A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search and shall use the results in making licensure decisions.

c. Communication between a member state, the Commission and among member states regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under U.S. Public Law 92-544.

(4) Comply with the rules of the Commission;

(5) Require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws;

(6) Grant the privilege to practice to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules; and

(7) Provide for the attendance of the state’s commissioner to the Counseling Compact Commission meetings.

(c) Member states may charge a fee for granting the privilege to practice.

(d) Individuals not residing in a member state shall continue to be able to apply for a member state’s single state license as provided under the laws of each member state. However, the single state license granted to these individuals shall not be recognized as granting a privilege to practice professional counseling in any other member state.

(e) Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single state license.

(f) A license issued to a licensed professional counselor by a home state to a resident in that state shall be recognized by each member state as authorizing a licensed professional counselor to practice professional counseling, under a privilege to practice, in each member state.
24 Del. C. § 1301 — Delaware Code / Title 24 / Chapter 13 / Section 1301
§ Â
        1301. Short title.
Status: in_force

This chapter may be cited as the “Private Investigators and Private Security Agencies Act.”
24 Del. C. § 2609 — Delaware Code / Title 24 / Chapter 26 / Section 2609
§ Â
        2609. Fees.
Status: in_force

The amount charged for fees imposed under this chapter shall approximate and reasonably reflect costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each biennium year, the Division, or another state agency acting on its behalf, shall compute the appropriate fee for each separate service or activity.
24 Del. C. § 2609C — Delaware Code / Title 24 / Chapter 26C / Section 2609C
§ Â
        2609C. Rulemaking.
Status: in_force

(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

(b) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

(d) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking as follows:

(1) On the website of the Commission or other publicly accessible platform.

(2) On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

(e) The notice of proposed rulemaking shall include all of the following:

(1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon.

(2) The text of the proposed rule or amendment and the reason for the proposed rule.

(3) A request for comments on the proposed rule from any interested person.

(4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

(f) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

(g) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by any of the following:

(1) At least 25 persons.

(2) A state or federal governmental subdivision or agency.

(3) An association having at least 25 members.

(h) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.

(1) All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than 5 business days before the scheduled date of the hearing.

(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

(3) All hearings will be recorded. A copy of the recording will be made available on request.

(4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

(j) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

(k) The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

(l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to do any of the following:

(1) Meet an imminent threat to public health, safety, or welfare.

(2) Prevent a loss of Commission or member state funds.

(3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.

(4) Protect public health and safety.

(m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
24 Del. C. § 204 — Delaware Code / Title 24 / Chapter 2 / Section 204
§ Â
        204. Board of Landscape Architecture â Officers; meetings; quorum.
Status: in_force

(a) In January of each year the members shall elect, from among their Board, a President, a Secretary and a Treasurer. Each officer shall serve for 1 year, and shall not successively serve for more than 2 consecutive terms.

(b) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such other times as the President deems necessary; or at the request of a majority of Board members. Special or emergency meetings may be held without notice provided a quorum is present.

(c) A majority of members shall constitute a quorum, and no action shall be taken without the affirmative vote of at least 3 members. Any member who fails to attend 3 consecutive meetings, or who fails to attend at least 1/2 of all regular business meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office and a replacement shall be appointed.

(d) Minutes of all meetings shall be recorded, and copies shall be maintained by the Division of Professional Regulation. At any hearing where evidence is presented, such hearing shall be recorded and transcribed by the Division.
24 Del. C. § 3123 — Delaware Code / Title 24 / Chapter 31 / Subchapter III / Section 3123
§ Â
        3123. Penalties.
Status: in_force

(a) A person is guilty of a misdemeanor when:

(1) The person is not licensed as a funeral director under this chapter and, while not licensed, that person does at least 1 of the following:

a. Engages in the practice of funeral services.

b. Uses that person’s name or otherwise assumes or uses any title or description conveying or tending to convey the impression that the person is qualified to practice funeral services.

(2) The person is not registered as an intern under this chapter and, while not registered, that person does at least 1 of the following:

a. Acts as an intern registered under this title.

b. Uses that person’s name or otherwise assumes or uses any title or description conveying or tending to convey the impression that the person is qualified to act as an intern registered under this title.

(b) Upon the first conviction of an offense under this section, the person shall be fined not less than $500 nor more than $1,000 for each offense and shall pay all costs.

(c) Upon the second or subsequent conviction for an offense under this section, the person shall be fined not less than $1,000 nor more than $2,000 for each offense and shall pay all costs.

(d) Superior Court shall have jurisdiction over all violations of this chapter.

(e) Where it is alleged that such violation of this section has resulted in injury to any person, the offender shall be charged and tried under the applicable provisions of Title 11.
24 Del. C. § 703 — Delaware Code / Title 24 / Chapter 7 / Section 703
§ Â
        703. Officers; meetings; quorum.
Status: in_force

(a) The Board annually shall elect a president and secretary. Each officer shall serve for 1 year and shall not succeed himself or herself in the same office.

(b) The Board shall hold a regularly scheduled business meeting at least once in each quarter of a calendar year and at such other times as the President deems necessary, or at the request of a majority of Board members.

(c) A majority of the members shall constitute a quorum for the purpose of transacting business. No disciplinary action shall be taken without the affirmative vote of 4 members of the Board. Any member who fails to attend 3 consecutive meetings, or who fails to attend at least 1/2 of all regular business meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office and a replacement shall be appointed.

(d) Minutes of all meetings shall be recorded, and copies of the minutes shall be maintained by the Division of Professional Regulation. At any hearing where evidence is presented, the hearing shall be recorded. Transcripts shall be made at the request and expense of any party.
24 Del. C. § 3309 — Delaware Code / Title 24 / Chapter 33 / Subchapter I / Section 3309
§ Â
        3309. Issuance of license; renewal; inactive status; reinstatement.
Status: in_force

(a) The Board shall issue a license to each applicant, who meets the requirements of this chapter for licensure as a veterinarian or as a veterinary technician, and who pays the fee established under § 3308 of this title.

(b) Each license shall be renewed biennially upon submission of a renewal application provided by the Board along with the evidence of continuing education courses, unless waived by the board, as may be required by the rules and regulations set forth by the Board and payment of the renewal fee as determined by the Division of Professional Regulation. The Board shall, in its rules and regulations, determine the period of time within which a practitioner may still renew the license, notwithstanding the fact that such practitioner has failed to renew on or before the renewal date; provided, however, that such period shall not exceed 1 year. At the expiration of the period designated by the Board, the license shall be deemed to be lapsed and not renewable, unless the former licensee reapplies under the same conditions which govern reciprocity.

(c) A licensee, upon written request, may be placed in an inactive status. The renewal fee of such person shall be prorated in accordance with the amount of time such person was inactive. Such person may reenter practice upon written notification to the Board of the intent to do so and completion of continuing education as required in the Board’s rules and regulations.
24 Del. C. § 1816 — Delaware Code / Title 24 / Chapter 18 / Subchapter II / Section 1816
§ Â
        1816. Hearing procedures.
Status: in_force

(a) If a complaint alleging that a licensee has violated § 1814 of this title is filed with the Division pursuant to § 8735(h) of this title, the Board shall set a time and place to conduct a hearing on the complaint. The Division shall give notice of the hearing and the Board shall conduct the hearing in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) A hearing conducted pursuant to this section is informal, without the use of the Delaware Rules of Evidence. If the Board decides by the affirmative votes of 5 or more members that a licensee has violated § 1814 of this title, the Board may take any action permitted under this chapter that the Board considers reasonable. The Board’s decision must be in writing and must include the reasons for the decision. The Board shall immediately mail its decision to the licensee or personally serve the licensee with the decision.

(c) If a licensee disagrees with the decision of the Board, the licensee may appeal the Board’s decision to the Superior Court within 30 days of the postmarked date of the copy of the decision mailed to that licensee, or within 30 days of personal service. Upon appeal, the Court shall review the evidence on the record. A stay pending review may be granted by the Court in accordance with § 10144 of Title 29.
24 Del. C. § 1799II — Delaware Code / Title 24 / Chapter 17 / Subchapter XIII / Section 1799II
§ Â
        1799II. Licensure.
Status: repealed

(a) To be eligible for licensure by the Board as a certified professional midwife, an applicant shall:

(1) Possess a valid CPM credential or another valid credential from an accrediting organization as recommended by the Council and approved by the Board; however; applicants who obtain the CPM credential after December 31, 2019, are required to also have obtained an education accredited by the Midwifery Education and Accreditation Council (MEAC), or another midwifery education accreditation organization as recommended by the Council and approved by the Board, and training and education which meet the International Confederation of Midwives (ICM) standards and guidelines as applicable to the scope of midwives licensed under this subchapter;

(2) Be at least 21 years of age;

(3) Shall not have been assessed any administrative penalties regarding the applicant’s practice of midwifery, including but not limited to fines, formal reprimands, license suspension or revocation — except for license suspension or revocation for nonpayment of license renewal fee or unlicensed practice penalties assessed prior to the establishment of the Council — and/or probationary limitations;

(4) Shall not have been convicted of or may not have admitted under oath to having committed a crime substantially related to the practice of midwifery.

(5) Be a graduate of a high school or its equivalent;

(6) Meet minimum educational requirements as required for attainment of the CPM credential, including prepartum, prenatal, intrapartum, and postpartum care of the mother and baby, and risk assessment for the mother and baby during this period;

(7) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, may not have a conviction of a felony sexual offense; and

(8) Shall have completed a course in pharmacology and intravenous therapy recommended by the Council and approved by the Board.

(b) To be eligible for licensure by the Board as a certified midwife, an applicant shall:

(1) Possess a valid CM credential, or another valid credential from an accrediting organization as recommended by the Council and approved by the Board;

(2) Be at least 21 years of age;

(3) Shall not have been assessed any administrative penalties regarding the applicant’s practice of midwifery, including but not limited to fines, formal reprimands, license suspension or revocation — except for license suspension or revocation for nonpayment of license renewal fee or unlicensed practice penalties assessed prior to the establishment of the Council — and probationary limitations;

(4) Not have been convicted of or shall not have admitted under oath to having committed a crime substantially related to the practice of midwifery.

(5) Be a graduate of a high school or its equivalent;

(6) Meet the minimum educational requirements as required for attainment of the CM credential including successful completion of a midwifery education program accredited by the Accreditation Commission for Midwifery Education (ACME) or meet the education standards approved by the International Confederation of Midwives (ICM);

(7) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, may not have a conviction of a felony sexual offense; and

(8) Shall have completed a course in pharmacology and intravenous therapy recommended by the Council and approved by the Board.

(c) The Council may waive the requirements of paragraphs (a)(3), (a)(4), (b)(3), and (b)(4) of this section if its finds all of the following by clear and convincing evidence:

(1) The applicant’s education, training, qualifications, and conduct have been sufficient to overcome the deficiency or deficiencies in meeting the requirements of this section;

(2) The applicant is capable of practicing midwifery in a competent and professional manner;

(3) The granting of the waiver will not endanger the public health, safety, or welfare; and

(4) For waiver of a conviction if, after consideration of the factors set forth in § 8735(x)(3) of Title 29, the Council determines that granting a waiver would not create an unreasonable risk to public safety, the Coucil shall grant a waiver.

(5) [Repealed.]

(d) Any termination, revocation, or suspension of a certification from NARM, AMCB, or other midwifery certifying organization, or discipline from the same must be promptly reported to the Council.

(e) Licensure must be renewed every 2 years.

(f) An applicant for licensure to practice midwifery shall submit a certified criminal background check pursuant to § 1720(b)(6) of this title. An applicant may not be certified until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction that is substantially related to the practice of midwifery pursuant to paragraphs (a)(4) or (a)(7) of this section or paragraphs (b)(4) or (b)(7) of this section may not be certified by the Board unless a waiver is granted pursuant to subsection (c) of this section. The State Bureau of Identification may release any subsequent criminal history to the Board and Council.

(g) Except for unlicensed practice of midwifery established prior to June 30, 2016, the information obtained thereby may be used by the Board and Council to determine the applicant’s eligibility for licensing under this chapter.

(h) It shall be unlawful for any person to engage in the practice of midwifery after June 30, 2016, unless such person is licensed under the provisions of this chapter.
24 Del. C. § 704 — Delaware Code / Title 24 / Chapter 7 / Section 704
§ Â
        704. Complaints.
Status: in_force

All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29. The Division shall be responsible for issuing a final written report at the conclusion of its investigation. The Board president shall assign a member of the Board to assist the Division of Professional Regulation with the investigation of the technical aspects of the complaint and shall not discuss any matter of fact or law regarding such investigation with any Board member prior to the final decision of the Board. Such member shall recuse himself or herself from the deliberations on the complaint at any hearing regarding the complaint. If it is determined that a practitioner should be subject to a disciplinary hearing, the Board shall conduct such hearing in accordance with this chapter and the Administrative Procedures Act [Chapter 101 of Title 29].

When it is determined that an individual is engaging in the practice of chiropractic or is using the title “chiropractor” and is not licensed under the laws of this State, the Board shall notify the office of the Attorney General for appropriate action.
24 Del. C. § 1718A — Delaware Code / Title 24 / Chapter 17A / Section 1718A
§ Â
        1718A. Default procedures.
Status: in_force

(a) The grounds for default include failure of a member state to perform such obligations or responsibilities imposed upon it by the Compact, or the rules and bylaws of the Interstate Commission promulgated under the Compact.

(b) If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the Compact, or the bylaws or promulgated rules, the Interstate Commission shall:

(1) Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default.

(2) Provide remedial training and specific technical assistance regarding the default.

(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the Compact upon an affirmative vote of a majority of the Commissioners and all rights, privileges, and benefits conferred by the Compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.

(d) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the Interstate Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.

(e) The Interstate Commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.

(f) The member state which has been terminated is responsible for all dues, obligations, and liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.

(g) The Interstate Commission shall not bear any costs relating to any state that has been found to be in default, or which has been terminated from the Compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.

(h) The defaulting state may appeal the action of the Interstate Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
24 Del. C. § 3607 — Delaware Code / Title 24 / Chapter 36 / Subchapter II / Section 3607
§ Â
        3607. License required.
Status: in_force

(a) No person shall engage in the practice of geology or hold himself or herself out to the public in this State as being qualified to practice geology; or use in connection with that person’s name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person is qualified to practice geology, unless such person has been duly licensed under this chapter.

(b) Whenever a license to practice as a geologist in this State has expired or been suspended or revoked, it shall be unlawful for the person to practice geology in this State.
24 Del. C. § 3702A — Delaware Code / Title 24 / Chapter 37A / Section 3702A
§ Â
        3702A. Purpose.
Status: in_force

The purpose of this Compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient/client/student is located at the time of the patient/client/student encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

This Compact is designed to achieve the following objectives:

(1) Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member states.

(2) Enhance the states’ ability to protect the public’s health and safety.

(3) Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice.

(4) Support spouses of relocating active duty military personnel.

(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states.

(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.

(7) Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
24 Del. C. § 5210 — Delaware Code / Title 24 / Chapter 52 / Subchapter II / Section 5210
§ Â
        5210. Criteria for registration as a nursing home administrator-in-training; preceptors; requirements of supervision.
Status: in_force

(a) The Board may, upon the written request of a nursing home administrator who wishes to act as a preceptor, register an individual as a nursing home administrator-in-training under the following circumstances:

(1) The preceptor has submitted that preceptor’s own request in a form approved by the Board;

(2) The preceptor has been licensed in this State or in any other jurisdiction for at least the 2 years immediately prior to date of the written request;

(3) The written request includes a clear statement by the preceptor agreeing to act as preceptor for the individual for whom that preceptor is seeking registration;

(4) The written request includes a clear statement by the preceptor of the specific functions and responsibilities that the individual for whom the preceptor is seeking registration will perform;

(5) The written request includes a clear statement by both the preceptor and the individual for whom that preceptor is seeking registration indicating that the individual has met the requirements of § § 5208 and 5209(a)(4) through (a)(6) of this title; and

(6) The written request includes, as attachments when necessary, evidence satisfactory to the Board supporting the veracity of the statement required by paragraph (a)(5) of this section.

(b) Persons presented to the Board by a preceptor shall provide a notarized statement to the Board that they will:

(1) Only perform those specific functions which have been delineated in the preceptor’s statement;

(2) Only practice under the direct supervision of a preceptor; and

(3) Not represent themselves to the public, residents, or patients as licensed nursing home administrators.

(c) The preceptor shall be responsible and available to provide direction, observation, aid, training, and instruction to the administrator-in-training, including the submission of progress reports. This is an interactive process between the preceptor and the administrator-in-training intended to ensure the extent, quality, and scope of experience of the duties performed as a nursing home administrator.

(d) The Board, in its regulations, shall determine the number of nursing home administrators-in-training that a preceptor may supervise and the requirements of their supervision.
24 Del. C. § 3319 — Delaware Code / Title 24 / Chapter 33 / Subchapter III / Section 3319
§ Â
        3319. Qualifications of applicant; report to Attorney General; judicial review.
Status: repealed

(a) An applicant who is applying for licensure as a veterinary technician under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:

(1) Has received a degree from a veterinary technician program accredited by the American Veterinary Medical Association (“AVMA”) or from a foreign veterinary technician program approved by the AVMA.

(2) Has achieved the passing score on the written standardized national examination designated by the Board pursuant to § 3306 of this title;

(3) Shall not have any impairment related to drugs or alcohol that would limit the applicant’s ability to practice as a veterinary technician in a manner consistent with the safety of a patient or the public;

(4) Shall not have a criminal conviction record, or pending criminal charge relating to an offense that is substantially related to practice as a veterinary technician. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to Board; however, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(4);

a.-d. [Repealed.]

(5) Shall not have engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter and has no disciplinary proceedings or unresolved complaints pending against that applicant in any jurisdiction where the applicant has previously been or currently is licensed as a veterinary technician.

(b) If the applicant receives an administrative penalty regarding that applicant’s practice as a veterinary technician, including a fine, formal reprimand, license suspension or revocation (except for a license revocation for nonpayment of a license renewal fee), or probationary limitation, or enters into a “consent agreement” which contains conditions placed by the Board or a veterinary medicine licensing board of another state on that applicant’s professional conduct and practice, including any voluntary surrender of a license, the applicant shall furnish all information regarding the administrative penalty or consent agreement to the Board. The Board may, after a hearing or review of documentation, determine that the administrative penalty or consent agreement is grounds to deny licensure.

(c) In the event the applicant has not taken the national examination designated by the Board pursuant to § 3306 of this title, the applicant shall sit for the latest examination at such times as are determined by the testing service.

(d) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.

(e) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for the applicant than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
24 Del. C. § 1714 — Delaware Code / Title 24 / Chapter 17 / Subchapter II / Section 1714
§ Â
        1714. Fees.
Status: in_force

The amount of a fee imposed under this chapter by the Division of Professional Regulation must approximate and reasonably reflect the reasonable projected costs of services or activities provided by the Board, as well as the proportional expenses incurred by the Division for services or activities provided on behalf of the Board. A separate fee may be charged for each service or activity, but a fee may not be charged for a purpose not specified in this chapter. The application fee for a certificate to practice medicine, or for a certificate, license, or other authorizing document to practice any other profession or occupation regulated by this chapter, may not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or another State agency acting in its behalf, shall compute and set the fee for each separate service or activity that the Board or the Division expects to provide during that licensure biennium.
24 Del. C. § 127 — Delaware Code / Title 24 / Chapter 1 / Section 127
§ Â
        127. Permitted titles and safe harbor language.
Status: in_force

(a) Notwithstanding any provision to the contrary contained herein, an individual who is not a licensee of the Board shall not be prohibited the use of the following titles: the unadorned word “Accountant”; “Enrolled Agent” or initials “E.A.”; “Accredited business Advisor” or the initials “A.B.A.”; “Accredited Tax Preparer” or the initials “A.T.P.”; “Accredited Tax Advisor” or the initials “A.T.A.”

(b) Notwithstanding any provision to the contrary contained herein, an individual who is not a licensee of the Board shall not be prohibited the use of the following language in connection with financial statements:

“I (we) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing in the form of financial statements information that is the representation of management (owners).

“I (we) have not audited or reviewed the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them.”
24 Del. C. § 3905D — Delaware Code / Title 24 / Chapter 39D / Section 3905D
§ Â
        3905D. Issuance of a Multistate License.
Status: in_force

(a) Upon receipt of an application for Multistate License, the home state licensing authority shall determine the applicant’s eligibility for a Multistate License in accordance with § 3904D of this title.

(b) If such applicant is eligible pursuant to § 3904D of this title, the home state licensing authority shall issue a Multistate License that authorizes the applicant or regulated social worker to practice in all member states under a Multistate Authorization to Practice.

(c) Upon issuance of a Multistate License, the home state licensing authority shall designate whether the regulated social worker holds a Multistate License in the bachelor’s, master’s, or clinical category of social work.

(d) A Multistate License issued by a home state to a resident in that state shall be recognized by all Compact member states as authorizing social work practice under a Multistate Authorization to Practice corresponding to each category of licensure regulated in each member state.
24 Del. C. § 6107 — Delaware Code / Title 24 / Chapter 61 / Section 6107
§ Â
        6107. Qualifications of applicant
Status: in_force

(a) An applicant, who is applying for licensure as an elevator mechanic under this chapter, shall submit evidence, verified by oath and satisfactory to the Board, that such individual:

(1) An applicant shall have knowledge of elevator installation, maintenance and repair in the residential, commercial and industrial areas, and in addition must have at least 1 of the following:

a. Six years’ full-time experience under the supervision of a licensed elevator mechanic.

b. Eight thousand hours of full-time experience under the supervision of a licensed elevator mechanic, plus 576 hours of related instruction, or other approved training verified by a certificate of completion of apprenticeship from a lawful, registered apprenticeship program of any state.

c. Four years’ full-time experience under the supervision of a licensed elevator mechanic and 6,000 hours of technical training.

(2) After fulfilling the applicable experience and training requirements of this section, an applicant applying for licensure as an elevator mechanic must achieve a passing score on the written third-party witnessed standardized examination for licensure as determined by the Board in rules and regulations approved by the Division.

(3) Has not been the recipient of any administrative penalties regarding that individual’s practice as an elevator mechanic, including, but not limited, to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and has not entered into any “consent agreements” which contain conditions placed by any state on that person’s professional conduct and practice, including any voluntary surrender of a license. The Board may determine after a hearing whether such administrative penalty is grounds to deny licensure.

(4) Does not have any impairment related to drugs or alcohol that would limit the applicant’s ability to act as an elevator mechanic in a manner consistent with the safety of the public.

(5) Does not have a criminal conviction record for an offense substantially related to providing elevator services. Applicants who have criminal conviction records must request appropriate authorization to provide information about the conviction directly to the Board. If, after considering the factors set forth under § 8735 (x)(3) of Title 29, through a hearing or review of documentation, the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board shall waive the requirements of this paragraph (a)(5).

(6) Has no disciplinary proceedings or unresolved complaints pending against in any jurisdiction where the applicant has previously been or currently is licensed or registered.

(b) All evidence of experience shall be submitted on written affidavit forms provided by the Board.

(c) All evidence of education shall be submitted by written certification from the educational institution attended.

(d) When the Board finds that an applicant has been intentionally fraudulent, or that false information has been intentionally provided, it shall report its findings to the Attorney General for further action.

(e) When an application has been refused or rejected and the applicant believes the Board has acted without justification, has imposed higher or different standards for the applicant than for other applicants or licensees, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

(f) An individual who is in possession of a master electrician special elevator license on or before October 14, 2022, is eligible for an elevator mechanic license without meeting the requirements set forth under paragraphs (a)(1) and (2) of this section.
24 Del. C. § 6112 — Delaware Code / Title 24 / Chapter 61 / Section 6112
§ Â
        6112. Complaints.
Status: in_force

All complaints shall be received and investigated by the Division under § 8735 of Title 29 and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.
24 Del. C. § 313 — Delaware Code / Title 24 / Chapter 3 / Section 313
§ Â
        313. Seal.
Status: in_force

Every registered architect shall have a seal of a design authorized by the Board by regulation. All technical submissions prepared by such architect, or under the architect’s direct supervision, shall be stamped with the impression of the architect’s seal. No registered architect shall impress the seal on any technical submissions unless they were prepared under the architect’s direct supervision.
24 Del. C. § 710 — Delaware Code / Title 24 / Chapter 7 / Section 710
§ Â
        710. Reciprocity.
Status: in_force

(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant, who shall present proof of current licensure in good standing in another state, the District of Columbia or territory of the United States, whose standards for licensure are substantially similar to those of this State.

(b) An applicant, who is currently licensed in another state, the District of Columbia or territory of the United States, whose standards for licensure are not substantially similar to those of this State, shall present proof of current licensure in good standing in another state, the District of Columbia or territory of the United States, and in addition the applicant shall meet 1 of the following criteria:

(1) Shall have graduated from an accredited or Board-approved school of chiropractic after July 1, 1997, and shall provide documentation of successful completion of Parts I, II, II, IV and the physiotherapy section of the National Board of Chiropractic Examiners’ examination;

(2) Shall have graduated from an accredited or Board-approved school of chiropractic, prior to July 1, 1997, but after January 31, 1991, and shall provide documentation of successful completion of Parts I, II, III of the National Board of Chiropractic Examiners’ examination; or

(3) Shall have graduated from an accredited or Board-approved school of chiropractic, prior to January 31, 1991, and shall provide documentation of successful completion of Parts, I, II, III of the National Board of Chiropractic Examiners’ examination; or Parts I and II of the National Board of Chiropractic Examiners’ examination and the Special Purpose Examination for Chiropractic (SPEC) approved by the National Board of Chiropractic Examiners.

(c) Notwithstanding the provisions of paragraph (b)(1), (2), or (3) of this section, if the applicant has successfully passed those examinations that were available at the time of the applicant’s graduation from a board-approved school of chiropractic and application for original licensure, the Board shall accept proof of successful completion of those examinations in lieu of the provisions of paragraph (b)(1), (2), or (3) of this section. If no examinations were available at the time of the applicant’s graduation from a board-approved school of chiropractic, the Board shall accept proof of active practice in another jurisdiction for the past 5 years in lieu of the provisions of paragraph (b)(1), (2), or (3) of this section.

(d) For all applicants licensure in good standing is defined in § 707(a)(3), (4), and (5) of this title. The applicant is responsible for providing proof of licensure in good standing in all states in which that applicant is or has been licensed.
24 Del. C. § 1604 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1604
§ Â
        1604. Duties and powers of Commission.
Status: in_force

(a) The Commission shall issue, revoke and suspend licenses for operation of adult entertainment establishments, and for the operation of adult-oriented retail businesses in accordance with this chapter.

(b) The Commission shall meet regularly as determined by the Commission or within 30 days, whichever comes sooner, after receipt of a completed application for a license, and shall conduct such special meetings and hearings as shall be necessary to implement this chapter.

(c) Each member of the Commission shall have the power to administer oaths, and to compel the attendance of witnesses and the production of documents and other tangible objects material to its proceedings by the issuance of subpoenas to carry out the purposes of this chapter.

(d) No findings of fact shall be made by the Commission except upon a hearing before at least 3 members, 3 of which shall concur in said finding. All findings of fact shall be written or recorded.

(e) The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Commission as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Commission. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year the Division of Professional Regulation, or any state agency acting in its behalf, shall compute for each separate service or activity the appropriate Commission fees for the coming year.

(f) All documents filed with the Commission and all records maintained shall become public, official and business records of the State and shall be admissible in evidence in any judicial proceeding in this State in accordance with the laws of Delaware applicable to the admissibility of such records.

(g) The Commission shall have the power to make such rules and regulations not inconsistent with the law as are necessary for their performance of its duties.
24 Del. C. § 3510A — Delaware Code / Title 24 / Chapter 35A / Section 3510A
§ Â
        3510A. Rulemaking.
Status: in_force

(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

(b) If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any compact state.

(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

(d) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:

(1) On the website of the Commission; and

(2) On the website of each compact states’ psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.

(e) The notice of proposed rulemaking shall include:

(1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

(2) The text of the proposed rule or amendment and the reason for the proposed rule;

(3) A request for comments on the proposed rule from any interested person; and

(4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

(f) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.

(g) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

(1) At least 25 persons who submit comments independently of each other;

(2) A governmental subdivision or agency; or

(3) A duly appointed person in an association that has having at least 25 members.

(h) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing.

(1) All persons wishing to be heard at the hearing shall notify the Executive Director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than 5 business days before the scheduled date of the hearing.

(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

(3) No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses.

(4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

(j) The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

(k) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

(l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately to accomplish all of the following:

(1) Meet an imminent threat to public health, safety, or welfare.

(2) Prevent a loss of commission or compact state funds.

(3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.

(4) Protect public health and safety.

(m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule.

A challenge shall be made in writing, and delivered to the Chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
24 Del. C. § 208 — Delaware Code / Title 24 / Chapter 2 / Section 208
§ Â
        208. Reciprocity.
Status: in_force

Where the applicant is already licensed in another state, the Board shall accept a certificate or other evidence of the examination score issued by the National Council of Landscape Architectural Registration Boards that the applicant has successfully completed or passed the uniform national examination, or the certificate or other evidence of successful completion of a similar national testing service for its national examination for landscape architects, in lieu of all other requirements for licensure provided for in this chapter. Upon receipt of an application for reciprocity, the Board shall contact each board which has previously licensed the applicant, to determine whether or not there are disciplinary proceedings or unresolved complaints pending against the applicant. In the event there is a disciplinary proceeding or unresolved complaint pending, the applicant shall not be licensed until the proceeding or complaint has been resolved. An application for licensure by reciprocity shall be accompanied by full payment of the reciprocity fee.
24 Del. C. § 1929 — Delaware Code / Title 24 / Chapter 19 / Section 1929
§ Â
        1929. Criminal background checks of licensed practical nurses.
Status: in_force

An applicant for licensure to practice as a licensed practical nurse shall submit, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following:

(1) A report of the individual’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person.

(2) A report of the individual’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Board of Nursing shall be the screening point for the receipt of said federal criminal history records.
24 Del. C. § 5601 — Delaware Code / Title 24 / Chapter 56 / Section 5601
§ Â
        5601. Objectives.
Status: in_force

The primary objective of this chapter is to regulate the commission of constables employed with various public and private entities within the State and to ensure that proficiency standards for commissioned constables are maintained. In meeting its objectives, the Constable Board of Examiners shall develop standards assuring professional competence, shall conduct and adjudicate at formal hearings, shall promulgate rules and regulations, and shall impose sanctions where necessary and appropriate. The Board shall comply with the Administrative Procedures Act under Chapter 101 of Title 29.
24 Del. C. § 3910D — Delaware Code / Title 24 / Chapter 39D / Section 3910D
§ Â
        3910D. Establishment of Social Work Licensure Compact Commission.
Status: reserved

(a) The Compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the Social Work Licensure Compact Commission. The Commission is an instrumentality of the Compact states acting jointly and not an instrumentality of any 1 state. The Commission shall come into existence on or after April 12, 2024.

(b) Membership, voting, and meetings. —

(1) Each member state shall have and be limited to 1 delegate selected by that member state’s state licensing authority.

(2) The delegate shall be either of the following:

a. A current member of the state licensing authority at the time of appointment, who is a regulated social worker or public member of the state licensing authority.

b. An administrator of the state licensing authority or the administrator’s designee.

(3) The Commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.

(4) The Commission may recommend removal or suspension of any delegate from office.

(5) A member state’s state licensing authority shall fill any vacancy of its delegate occurring on the Commission within 60 days of the vacancy.

(6) Each delegate shall be entitled to 1 vote on all matters before the Commission requiring a vote by Commission delegates.

(7) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, videoconference, or other means of communication.

(8) The Commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The Commission may meet by telecommunication, video conference, or other similar electronic means.

(c) The Commission shall have the following powers:

(1) Establish the fiscal year of the Commission.

(2) Establish code of conduct and conflict of interest policies.

(3) Establish and amend rules and bylaws.

(4) Maintain its financial records in accordance with the bylaws.

(5) Meet and take such actions as are consistent with the provisions of this Compact, the Commission’s rules, and the bylaws.

(6) Initiate and conclude legal proceedings or actions in the name of the Commission, provided that the standing of any state licensing board to sue or be sued under applicable law shall not be affected.

(7) Maintain and certify records and information provided to a member state as the authenticated business records of the Commission, and designate an agent to do so on the Commission’s behalf.

(8) Purchase and maintain insurance and bonds.

(9) Borrow, accept, or contract for services of personnel, including employees of a member state.

(10) Conduct an annual financial review.

(11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.

(12) Assess and collect fees.

(13) Accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest.

(14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or mixed, or any undivided interest therein.

(15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.

(16) Establish a budget and make expenditures.

(17) Borrow money.

(18) Appoint committees, including standing committees, composed of members, state regulators, state legislators or the legislators’ representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws.

(19) Provide and receive information from, and cooperate with, law enforcement agencies.

(20) Establish and elect an executive committee, including a chair and a vice chair.

(21) Determine whether a state’s adopted language is materially different from the model compact language such that the state would not qualify for participation in the Compact.

(22) Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact.

(d) The Executive Committee. —

(1) The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact. The powers, duties, and responsibilities of the Executive Committee shall include:

a. Oversee the day-to-day activities of the administration of the Compact including enforcement and compliance with the provisions of the Compact, its rules and bylaws, and other such duties as deemed necessary.

b. Recommend to the Commission changes to the rules or bylaws, changes to this Compact legislation, fees charged to Compact member states, fees charged to licensees, and other fees.

c. Ensure Compact administration services are appropriately provided, including by contract.

d. Prepare and recommend the budget.

e. Maintain financial records on behalf of the Commission.

f. Monitor Compact compliance of member states and provide compliance reports to the Commission.

g. Establish additional committees as necessary.

h. Exercise the powers and duties of the Commission during the interim between Commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by rule or bylaw.

i. Other duties as provided in the rules or bylaws of the Commission.

(2) The Executive Committee shall be composed of up to 11 members:

a. The chair and vice chair of the Commission shall be voting members of the Executive Committee.

b. The Commission shall elect 5 voting members from the current membership of the Commission.

c. Up to 4 ex-officio, nonvoting members from 4 recognized national social work organizations.

d. The ex-officio members will be selected by their respective organizations.

(3) The Commission may remove any member of the Executive Committee as provided in the Commission’s bylaws.

(4) The Executive Committee shall meet at least annually.

a. Executive Committee meetings shall be open to the public, except that the Executive Committee may meet in a closed, nonpublic meeting as provided in paragraph (f)(2) of this section.

b. The Executive Committee shall give 7 days’ notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the Commission.

c. The Executive Committee may hold a special meeting in accordance with paragraph (f)(1)b. of this section.

(e) The Commission shall adopt and provide to the member states an annual report.

(f) Meetings of the Commission. —

(1) All meetings shall be open to the public, except that the Commission may meet in a closed, nonpublic meeting as provided in paragraph (2) of this subsection.

a. Public notice for all meetings of the full Commission of meetings shall be given in the same manner as required under the rulemaking provisions in § 3912D of this title, except that the Commission may hold a special meeting as provided in paragraph (f)(1)b. of this section.

b. The Commission may hold a special meeting when it must meet to conduct emergency business by giving 48 hours’ notice to all commissioners, on the Commission’s website, and other means as provided in the Commission’s rules. The Commission’s legal counsel shall certify that the Commission’s need to meet qualifies as an emergency.

(2) The Commission or the Executive Committee or other committees of the Commission may convene in a closed, nonpublic meeting for the Commission or Executive Committee or other committees of the Commission to receive legal advice or to discuss:

a. Noncompliance of a member state with its obligations under the Compact.

b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees.

c. Current or threatened discipline of a licensee by the Commission or by a member state’s licensing authority.

d. Current, threatened, or reasonably anticipated litigation.

e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.

f. Accusing any person of a crime or formally censuring any person.

g. Trade secrets or commercial or financial information that is privileged or confidential.

h. Information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

i. Investigative records compiled for law enforcement purposes.

j. Information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact.

k. Matters specifically exempted from disclosure by federal or member state law.

l. Other matters as promulgated by the Commission by rule.

(3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.

(4) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.

(g) Financing of the Commission. —

(1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

(2) The Commission may accept any and all appropriate revenue sources as provided in paragraph (c)(13) of this section.

(3) The Commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a Multistate License to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the Commission shall promulgate by rule.

(4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.

(5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission.

(h) Qualified immunity, defense, and indemnification. —

(1) The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or wilful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder.

(2) The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or wilful or wanton misconduct.

(3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or wilful or wanton misconduct of that person.

(4) Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.

(5) Nothing in this Compact shall be interpreted to waive or otherwise abrogate a member state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act [15 U.S.C. § 1 et seq.], Clayton Act [15 U.S.C. § 12 et seq.], or any other state or federal antitrust or anticompetitive law or regulation.

(6) Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the member states or by the Commission.
24 Del. C. § 1711 — Delaware Code / Title 24 / Chapter 17 / Subchapter II / Section 1711
§ Â
        1711. Organization.
Status: in_force

(a) The Board annually shall elect from among its members a president, a vice-president, and a secretary, and such other officers as it considers necessary, 2 of whom may be the same person.

(b) The Board may, with the concurrence of the Director of the Division, set job duties for the Board’s Executive Director and other necessary staff. The Executive Director may not be a Board member. The Executive Director and other necessary staff are employees of the Division.

(c) The Board, with the approval of the Division, shall establish and maintain an office within this State.

(d) The Board shall meet at least 8 times a year at a public place and at a time as the Board determines, subject to guidelines established or approved by the Division of Professional Regulation.

(e) Unless otherwise provided in this chapter, meetings of the Board are open to the public and may be closed to the public only in accordance with the provisions contained in § 10004 of Title 29.
24 Del. C. § 2826 — Delaware Code / Title 24 / Chapter 28 / Section 2826
§ Â
        2826. Injunctive relief.
Status: in_force

Whenever it appears to the Council that any person has engaged or is about to engage in any act or practice constituting a violation of any provisions of this chapter, it may in its discretion bring an action in the Court of Chancery to temporarily restrain or to enjoin the acts or practices and to enforce compliance with this chapter. Any permanent injunction granted by the Court of Chancery pursuant to this section shall include an award for the costs of the action and reasonable attorneys’ fees to be paid by the defendant, with multiple defendants being jointly and severally liable for such costs and fees. The Court shall not require Council to post a bond.
24 Del. C. § 1402 — Delaware Code / Title 24 / Chapter 14 / Subchapter I / Section 1402
§ Â
        1402. Definitions [Effective July 1, 2026].
Status: in_force

The following words, terms, and phrases, when used in this chapter shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:

(1) “Apprentice electrician” means a person who is licensed by the Board and whose principal occupation is the learning and assisting in the performance of electrical services.

(2) “Board” means the State Board of Electrical Examiners established in this chapter.

(3) “Cut-in-card” means the approval certificate sent to the power company by the inspection agency after an inspection has been completed, which authorizes the power company to turn on the electricity at the property.

(4) “Division” means the State Division of Professional Regulation.

(5) “Dwelling” means, for purposes of this chapter, any enclosure that affords habitable living space for a human being or human beings.

(6) “Electrical inspection agency” means the agency responsible for the oversight and the issuing of certificates of inspection for all electrical work performed in this State.

(7) “Excessive use or abuse of drugs” means any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs that person’s ability to perform the work of an electrician.

(8) “Full-time employee” means an individual, who is added to the company payroll and who has on file with the employer a W-4 form authorizing the employer to withhold taxes and who receives a wage or salary and who is under the supervision of a licensed electrician.

(9) “Homeowner” means, for purposes of this chapter, an individual who both owns and lives in that person’s home or dwelling.

(10) “Journeyperson electrician” means a person who is qualified and skilled to perform electrical work and who has met the requirements of § 1408 of this title to be licensed as a journeyperson electrician.

(11) “License” means the certificate issued by the Board that is evidence that the holder has met the requirements of this chapter.

(12) “Limited electrician” means a person licensed by the Board to plan, estimate, layout, perform or supervise the installation, erection or repair of any electrical conductor, molding, duct, raceway, conduit, machinery, apparatus, device or fixture, for the purpose of lighting, heating or power, in any structure which contains 4 or fewer dwelling units, as determined by the applicable building code.

(13) “Limited electrician special” means a person licensed by the Board to plan, estimate, layout, perform or supervise the installation, erection or repair of any electrical conductor, molding, duct, raceway, conduit, machinery, apparatus, device or fixture, for any of the following purposes: swimming pools, air conditioning, heating and oil burners, in any structure which contains 4 or fewer dwelling units, as determined by the applicable building code.

(14) “Master electrician” means a person, licensed by the Board, to plan, estimate, layout, perform or supervise the installation, erection or repair of any electrical conductor, molding, duct, raceway, conduit, machinery, apparatus, device or fixture for the purpose of lighting, heating or power in any structure.

(15) “Master electrician special” means a person, licensed by the Board, to plan, estimate, layout, perform or supervise the installation, erection or repair of any electrical conductor, molding, duct, raceway, conduit, machinery, apparatus, device or fixture for any 1 of the following purposes: swimming pools, electric signs, air conditioning, heating, refrigeration and oil burners, and overhead and underground primary distribution systems.

(16) “Person” means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company and any other legal entity and includes a legal successor of those entities.The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:

(1) “Apprentice electrician” shall mean a person who is licensed by the Board and whose principal occupation is the learning and assisting in the performance of electrical services.

(2) “Board” shall mean the State Board of Electrical Examiners established in this chapter.

(3) “Cut-in-card” shall mean the approval certificate sent to the power company by the inspection agency after an inspection has been completed, which authorizes the power company to turn on the electricity at the property.

(4) “Division” shall mean the State Division of Professional Regulation.

(5) “Dwelling” shall mean, for purposes of this chapter, any enclosure that affords habitable living space for a human being or human beings.

(6) “Electrical inspection agency” shall mean the agency responsible for the oversight and the issuing of certificates of inspection for all electrical work performed in this State.

(7) “Excessive use or abuse of drugs” shall mean any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs that person’s ability to perform the work of an electrician.

(8) “Full-time employee” shall mean an individual, who is added to the company payroll and who has on file with the employer a W-4 form authorizing the employer to withhold taxes and who receives a wage or salary and who is under the supervision of a licensed electrician.

(9) “Homeowner” shall mean, for purposes of this chapter, an individual who both owns and lives in that person’s home or dwelling.

(10) “Journeyperson electrician” shall mean a person who is qualified and skilled to perform electrical work and who has met the requirements of § 1408 of this title to be licensed as a journeyperson electrician.

(11) “License” shall mean the certificate issued by the Board that is evidence that the holder has met the requirements of this chapter.

(12) “Limited electrician” shall mean a person licensed by the Board to plan, estimate, layout, perform or supervise the installation, erection or repair of any electrical conductor, molding, duct, raceway, conduit, machinery, apparatus, device or fixture, for the purpose of lighting, heating or power, in any structure which contains 4 or fewer dwelling units, as determined by the applicable building code.

(13) “Limited electrician special” shall mean a person licensed by the Board to plan, estimate, layout, perform or supervise the installation, erection or repair of any electrical conductor, molding, duct, raceway, conduit, machinery, apparatus, device or fixture, for any of the following purposes: elevators, swimming pools, air conditioning, heating and oil burners, in any structure which contains 4 or fewer dwelling units, as determined by the applicable building code.

(14) “Master electrician” shall mean a person, licensed by the Board, to plan, estimate, layout, perform or supervise the installation, erection or repair of any electrical conductor, molding, duct, raceway, conduit, machinery, apparatus, device or fixture for the purpose of lighting, heating or power in any structure.

(15) “Master electrician special” shall mean a person, licensed by the Board, to plan, estimate, layout, perform or supervise the installation, erection or repair of any electrical conductor, molding, duct, raceway, conduit, machinery, apparatus, device or fixture for any 1 of the following purposes: elevators, swimming pools, electric signs, air conditioning, heating, refrigeration and oil burners, and overhead and underground primary distribution systems.f the following purposes: swimming pools, electric signs, air conditioning, heating, refrigeration and oil burners, and overhead and underground primary distribution systems.

(16) “Person” means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company and any other legal entity and includes a legal successor of those entities.

(17) “Residential electrician” means a person who is qualified and skilled to perform residential electric work and who has met the requirements of § 1408 of this title to be licensed as a residential electrician and who is subject to the restrictions imposed by § 1422A of this title.

(18) “School apprentice electrician” means an individual who is licensed by the Board and who is currently enrolled at a board-approved vocational school and who is engaged in learning and assisting the performance of electrical services.

(19) “Service” means, for purposes of this chapter, to repair or replace in kind.

(20) “State” means the State of Delaware.

(21) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the work of an electrician.

(22) “Supervision” means that a licensed electrician shall be fully responsible for all electrical work performed under that licensed electrician’s license.

(23) “Unlicensed practitioner” means any person, who engages in the occupational practices as defined in paragraph (12), (13), (14) or (15) of this section, and who has not been granted a license or a homeowner’s permit by the Board.ed by the Board, to plan, estimate, layout, perform or supervise the installation, erection or repair of any electrical conductor, molding, duct, raceway, conduit, machinery, apparatus, device or fixture for any 1 of the following purposes: elevators, swimming pools, electric signs, air conditioning, heating, refrigeration and oil burners, and overhead and underground primary distribution systems.

(16) “Person” shall mean an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company and any other legal entity and includes a legal successor of those entities.

(17) “Residential electrician” means a person who is qualified and skilled to perform residential electric work and who has met the requirements of § 1408 of this title to be licensed as a residential electrician and who is subject to the restrictions imposed by § 1422A of this title.

(18) “Service” shall mean, for purposes of this chapter, to repair or replace in kind.

(19) “State” shall mean the State of Delaware.

(20) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the work of an electrician.

(21) “Supervision” shall mean that a licensed electrician shall be fully responsible for all electrical work performed under that licensed electrician’s license.

(22) “Unlicensed practitioner” shall mean any person, who engages in the occupational practices as defined in paragraph (12), (13), (14) or (15) of this section, and who has not been granted a license or a homeowner’s permit by the Board.
24 Del. C. § 5506 — Delaware Code / Title 24 / Chapter 55 / Section 5506
§ Â
        5506. Prohibited conduct.
Status: in_force

No person, other than a “law-enforcement officer” as defined by § 222 of Title 11 or an employee of any state court acting at the direction of any judge, commissioner or master of any state court, shall apprehend or detain a suspected fugitive on behalf of another person, including a principal on a bond, who has been released on bail as required by the terms of a bond or the bond has been revoked by court order, unless that person is licensed by the provisions of this chapter and its rules and regulations.
24 Del. C. § 506 — Delaware Code / Title 24 / Chapter 5 / Subchapter I / Section 506
§ Â
        506. Powers and duties; immunity.
Status: in_force

(a) The Board of Podiatry shall have authority to:

(1) Formulate rules and regulations with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act [Chapter 101 of Title 29] of this State. Each rule or regulation shall implement or clarify a specific section of this chapter.

(2) Designate the application form to be used by all applicants and to process all applications.

(3) Designate the written, standardized examination on podiatry administered by the National Board of Podiatric Medical Examiners (NBPME) and the Podiatric Medical Licensing Examination for States (PMLEXIS), to be taken by all persons applying for licensure.

(4) Evaluate the credentials of all persons applying for a license to practice podiatry in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this chapter.

(5) Grant licenses to and renew licenses of all persons who meet the qualifications for licensure, including those persons who apply for temporary licensure.

(6) Establish by rule and regulation continuing education standards required for license renewal.

(7) Evaluate certified records to determine whether an applicant for licensure who previously has been licensed, certified or registered in another jurisdiction has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicant for such acts or offenses.

(8) Refer all complaints from licensees and the public concerning licensed podiatrists or concerning practices of the Board or of the profession to the Division for investigation pursuant to § 8735 of Title 29 and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint.

(9) Conduct hearings and issue orders in accordance with procedures established pursuant to Chapter 101 of Title 29.

(10) Where it has been determined after a hearing that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed.

(b) The members of the Board shall not be subject to and shall be immune from claims, suit, liability, damages or any other recourse, civil or criminal, arising from any act, proceeding, decision or determination undertaken or performed, or recommendation made, so long as such member of the Board acted in good faith and without malice in carrying out the responsibilities, authority, duties, powers and privileges of the offices conferred by law upon them under this chapter, or any other provisions of the Delaware or federal law or rules or regulations or duly adopted rule or regulation of the Board. Good faith is presumed unless otherwise proven, and malice is required to be proven by the complainant.

(c) A member of the Board may not discriminate against any applicant or person holding or applying for a certificate to practice podiatric medicine by reason of sex, race, color, creed, national origin, housing status, or any other basis protected under Chapter 45 of Title 6.

(d) No member shall participate in any action of the Board involving directly or indirectly any person related in any way by blood or marriage to said member.

(e) The Board of Podiatry shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of podiatry.
24 Del. C. § 1910A — Delaware Code / Title 24 / Chapter 19A / Section 1910A
§ Â
        1910A. Oversight, dispute resolution, and enforcement.
Status: in_force

(a) Oversight.

(1) Each party state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact’s purposes and intent.

(2) The Commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities, or actions of the Commission, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.

(b) Default, technical assistance, and termination.

(1) If the Commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall do all of the following:

a. Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the Commission.

b. Provide remedial training and specific technical assistance regarding the default.

(2) If a state in default fails to cure the default, the defaulting state’s membership in this Compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges, and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

(3) Termination of membership in this Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor of the defaulting state and to the executive officer of the defaulting state’s licensing board and each of the party states.

(4) A state whose membership in this Compact has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

(5) The Commission shall not bear any costs related to a state that is found to be in default or whose membership in this Compact has been terminated unless agreed upon in writing between the Commission and the defaulting state.

(6) The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.

(c) Dispute resolution.

(1) Upon request by a party state, the Commission shall attempt to resolve disputes related to the Compact that arise among party states and between party and nonparty states.

(2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.

(3) In the event the Commission cannot resolve disputes among party states arising under this Compact:

a. The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the Compact administrator in each of the affected party states and an individual mutually agreed upon by the Compact administrators of all the party states involved in the dispute.

b. The decision of a majority of the arbitrators shall be final and binding.

(d) Enforcement.

(1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.

(2) By majority vote, the Commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.

(3) The remedies in this section are not the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
24 Del. C. § 5410 — Delaware Code / Title 24 / Chapter 54 / Section 5410
§ Â
        5410. Notice to educational institution.
Status: in_force

(a) For purposes of this section, “communicating or attempting to communicate” means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message.

(b) Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the athlete is enrolled or at which the agent has reasonable grounds to believe the athlete intends to enroll.

(c) Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete shall inform the athletic director of the educational institution at which the athlete is enrolled that the athlete has entered into an agency contract and the name and contact information of the athlete agent.

(d) If an athlete agent enters into an agency contract with a student athlete and the athlete subsequently enrolls at an educational institution, the agent shall notify the athletic director of the institution of the existence of the contract not later than 72 hours after the agent knew or should have known the athlete enrolled.

(e) If an athlete agent has a relationship with a student athlete before the athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the agent shall notify the institution of the relationship not later than 10 days after the enrollment if the agent knows or should have known of the enrollment and either of the following apply:

(1) The relationship was motivated in whole or part by the intention of the agent to recruit or solicit the athlete to enter an agency contract in the future.

(2) The agent directly or indirectly recruited or solicited the athlete to enter an agency contract before the enrollment.

(f) An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the agent communicates or attempts to communicate with any of the following:

(1) The athlete or, if the athlete is a minor, a parent or guardian of the athlete to influence the athlete or parent or guardian to enter into an agency contract.

(2) Another individual to have that individual influence the athlete or, if the athlete is a minor, the parent or guardian of the athlete to enter into an agency contract.

(g) If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the athlete, the agent shall notify in a record the athletic director of any educational institution at which the athlete is enrolled. The notification must be made not later than 10 days after the communication or attempt.

(h) An educational institution that becomes aware of a violation of this chapter by an athlete agent shall notify all of the following of the violation:

(1) The Secretary.

(2) Any professional league or players association with which the institution is aware the agent is licensed or registered.
24 Del. C. § 2524 — Delaware Code / Title 24 / Chapter 25 / Subchapter III / Section 2524
§ Â
        2524. Miscellaneous fees [Effective until June 30, 2026].
Status: in_force

The Division shall set fees to defray registration costs, costs for maintaining registries required under this chapter, and the costs of replacing lost or destroyed licenses and permits.
24 Del. C. § 2616 — Delaware Code / Title 24 / Chapter 26 / Section 2616
§ Â
        2616. Grounds for discipline.
Status: repealed

(a) A person licensed under this chapter performing physical therapy or athletic training services is subject to the disciplinary sanctions set forth in § 2620 of this title if, after a hearing, the Board finds that the licensee has:

(1) Practiced physical therapy or acted as a physical therapist assistant or athletic trainer in violation of this chapter and rules and regulations promulgated thereunder;

(2) Obtained or attempted to obtain licensure by fraud or misrepresentation;

(3) Illegally, incompetently, or negligently practiced physical therapy or athletic training;

(4) Been convicted of a crime that is substantially related to the practice of physical therapy or athletic training in the courts of this State or any other state, territory or country. “Conviction,” as used in this paragraph, shall include a finding or verdict of guilt, an admission of guilt or a plea of nolo contendere;

(5) Habitually indulged in the use of narcotics or other habit forming drugs, or excessively indulged in the use of alcohol;

(6) Had a license to practice physical therapy or license to act as a physical therapist, physical therapist assistant, or athletic trainer revoked or suspended, has had other disciplinary action taken or an application for licensure has been refused, revoked, or suspended by the proper authorities of another state, territory or country;

(7) Been guilty of unprofessional conduct as adopted in the Board’s rules and regulations. Unprofessional conduct shall include departure from or the failure to conform to the minimal standards of acceptable and prevailing physical therapy practice or athletic training practice, in which preceding actual injury to a patient need not be established;

(8) Engaged directly or indirectly in the division, transferring, assigning, rebating or refunding of fees received for professional services or who profits by means of a credit or other valuable consideration such as wages, an unearned commission, discount or gratuity with any person who referred a patient, or with any relative or business associate of the referring person. Nothing in this paragraph shall be construed as prohibiting the members of any regularly and properly organized business entity recognized by Delaware law and comprised of physical therapists or athletic trainers from making any division of their total fees among themselves as they determine by contract necessary to defray their joint operating costs;

(9) The Board shall permanently revoke the certificate to practice physical therapy or athletic training of a person who is convicted of a felony sexual offense.

(10) Violated a provision of this chapter or a rule or regulation promulgated by the Board under this chapter;

(11) Failed to notify the Board that the licensee’s license in another jurisdiction has been subject to discipline, or has been surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, surrender, suspension, or revocation of a license shall be conclusive evidence thereof; or

(12) Been convicted of a felony sexual offense.

(b) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court in accordance with Chapter 101 of Title 29. Upon such appeal, the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.

(c) [Repealed.]

(d) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license.