24 Del. C. § 1634 — Delaware Code / Title 24 / Chapter 16 / Subchapter II / Section 1634
§ Â
        1634. Department of Health and Social Services.
Status: in_force

(a) The Department of Health and Social Services shall administer this subchapter and may adopt rules and regulations to facilitate its administration of this subchapter. In exercising the powers conferred by this or any other section of the Delaware Code or of this chapter relating to sexually related communicable diseases, the Department shall be guided by the most recent instructions, opinions and guidelines of the Center for Disease Control of the United States Department of Health and Human Services as the same relate to the spread of infectious diseases. Any rules or regulations which are adopted by the Department which relate to controlling the spread of sexually related communicable diseases shall also apply in the exercising of its powers authorized under this subchapter.

(b) In order to ascertain the source of certain infections, and reduce the spread of infection, the Secretary and all persons so authorized by the Secretary shall have full power and authority to inspect or cause to be inspected, and to issue orders regarding any commercial building, structure, premises or any part thereof, which may be a site of high-risk sexual conduct. If the Secretary determines that a hazardous site exists, the Secretary may:

(1) Notify the management, owner or tenant of the premises that the Secretary has reasonable belief that such premises, building or structure is a hazardous site; and

(2) Issue warnings to the management, owner or tenant of the premises to remedy those items cited or listed by the Secretary’s notice; and

(3) Once such notice and warnings have been issued, the Secretary, or any person designated by the Secretary, shall have the right to proceed in accordance with § 1635 of this title.
24 Del. C. § 4029 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4029
§ Â
        4029. Annual certification; renewal.
Status: in_force

(a) Each appraisal management company registered in this State shall certify to the Council on an annual basis at the time of renewal, on a form prescribed by the Council and after paying the appropriate fee, that the appraisal management company has a system and process in place to verify that a person being added to the appraiser panel of the appraisal management company holds a license or certificate in good standing in this State pursuant to the Council.

(b) Each appraisal management company registered in this State shall certify to the Council on an annual basis, at the time of renewal, that it has a system in place to review the quality of appraisals of all independent appraisers that are performing real property appraisal services for the appraisal management company on a periodic basis to confirm that the real property appraisal services are being conducted in accordance with uniform standards of professional appraisal practice.

(c) Each appraisal management company registered shall certify to the Council on an annual basis, at the time of renewal, that it maintains a detailed record of each service request that it receives and the name of the independent appraiser that performs the real property appraisal services for the appraisal management company. An appraisal management company shall maintain a detailed record for the same time period that an appraiser is required to maintain an appraisal record for the same real property appraisal activity.

(d) Each appraisal management company registered shall certify to the Council on an annual basis, at the time of renewal, that it has a system in place to train those who select individual appraisers for real property services in this State, to ensure that the selectors have appropriate training in placing appraisal assignments.
24 Del. C. § 1716A — Delaware Code / Title 24 / Chapter 17A / Section 1716A
§ Â
        1716A. Oversight of the Interstate Compact.
Status: in_force

(a) The executive, legislative, and judicial branches of state government in each member state shall enforce the Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of the Compact and the rules promulgated hereunder shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.

(b) All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the Compact which may affect the powers, responsibilities or actions of the Interstate Commission.

(c) The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, the Compact, or promulgated rules.
24 Del. C. § 3008A — Delaware Code / Title 24 / Chapter 30A / Section 3008A
§ Â
        3008A. Adverse actions.
Status: in_force

(a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:

(1) Take adverse action against a licensed professional counselor’s privilege to practice within that member state, and

(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

(3) Only the home state shall have the power to take adverse action against a licensed professional counselor’s license issued by the home state.

(b) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

(c) The home state shall complete any pending investigations of a licensed professional counselor who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.

(d) A member state, if otherwise permitted by state law, may recover from the affected licensed professional counselor the costs of investigations and dispositions of cases resulting from any adverse action taken against that licensed professional counselor.

(e) A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.

(f) Joint investigations. — (1) In addition to the authority granted to a member state by its respective professional counseling practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.

(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

(g) If adverse action is taken by the home state against the license of a licensed professional counselor, the licensed professional counselor’s privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against the license of a licensed professional counselor shall include a statement that the licensed professional counselor’s privilege to practice is deactivated in all member states during the pendency of the order.

(h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.

(i) Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.
24 Del. C. § 110 — Delaware Code / Title 24 / Chapter 1 / Section 110
§ Â
        110. Requirements for permits to practice public accountancy.
Status: repealed

(a) Each person who intends to be or is engaged in the practice of public accountancy in this State, whether as a principal of a firm or an employee of a firm, shall be required to obtain and maintain a valid permit to practice public accountancy. The Board shall grant and/or renew permits to persons who make application and demonstrate their qualifications in accordance with this section.

(b) Permits shall be issued and renewed for periods of 2 years.

(c) An applicant for initial issuance of a permit under this section must show all of the following:

(1) The applicant has not been convicted of a crime that is substantially related to the practice of accountancy; if however, 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 the granting of a waiver would not create an unreasonable risk to public safety, the Board shall, by an affirmative vote of a majority of the quorum, waive this waive this paragraph (c)(1);

a.-d. [Repealed.]

(2) Holds, at a minimum, an associate degree, conferred by an accredited college or university, or a degree from an accredited 2-year college with a concentration in accounting, or what the Board determines to be substantially the equivalent of such concentration;

(3) Has passed either all parts of the examination recognized by the National Society of Public Accountants or both the Financial Accounting and Reporting (FAR) and Auditing and Attestation (AUD) portions of the Uniform Certified Public Accountant Examination;

(4) Has successfully passed the AICPA self-study course and examination in professional ethics; and

(5) Has not engaged in any acts or offenses that would be grounds for disciplinary action under this chapter and has no disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the individual has been or currently holds a permit to practice. Each holder of or applicant for a permit under this section shall notify the Board in writing, within 30 days after its occurrence, of any issuance, denial, revocation or suspension of a permit by another state.

(d) An applicant for renewal of a permit under this section shall show that the applicant has completed no less than 80 hours of continuing professional education as determined by Board rule during the 2-year renewal period that has elapsed since the last biennial renewal date. If an applicant’s initial permit to practice was issued less than 2 years prior to the renewal date, the applicant must fulfill the following continuing professional education requirements:

(1) No continuing education requirement if initial permit was issued less than 1 year prior to the renewal date; or

(2) A prorated continuing professional education requirement as determined by Board rule if initial permit was issued 1 year or more, but less than 2 years, prior to the renewal date.

(e) No new permits to practice public accountancy shall be issued after December 31, 2016. Applications for reciprocal public accountant permits to practice will be accepted from public accountants who hold an active public accountant permit in good standing in another jurisdiction and who relocate to Delaware and identify Delaware as their primary residence. The Board may, by rule, require continuing education as a condition to issuance of the reciprocal permit.
24 Del. C. § 1909 — Delaware Code / Title 24 / Chapter 19 / Section 1909
§ Â
        1909. License requirement.
Status: in_force

No unlicensed person, except those persons issued a temporary permit by the Board, shall practice advanced practice, professional or practical nursing. Upon request, any person engaged in the practice of advanced practice, professional or practical nursing shall exhibit a license authorizing such practice.
24 Del. C. § 3913D — Delaware Code / Title 24 / Chapter 39D / Section 3913D
§ Â
        3913D. Oversight, dispute resolution, and enforcement.
Status: in_force

(a) Oversight. —

(1) The executive and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.

(2) Except as otherwise provided in this Compact, venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.

(3) The Commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process 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 member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Commission may take, and shall offer training and specific technical assistance regarding the default.

(2) The Commission shall provide a copy of the notice of default to the other member states.

(c) If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges, and benefits conferred on that state 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.

(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 suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s state licensing authority and each of the member states’ state licensing authority.

(e) A state that 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.

(f) Upon the termination of a state’s membership from this Compact, that state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this Compact for a minimum of 6 months after the date of said notice of termination.

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

(h) 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 where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’ fees.

(i) Dispute resolution. —

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

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

(j) Enforcement. —

(1) By majority vote as provided by rule, the Commission may initiate legal action against a member state in default in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated rules. 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. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or the defaulting member state’s law.

(2) A member state may initiate legal action against the Commission in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated rules. 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) No person other than a member state shall enforce this Compact against the Commission.
24 Del. C. § 2620 — Delaware Code / Title 24 / Chapter 26 / Section 2620
§ Â
        2620. Disciplinary sanctions.
Status: in_force

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that a condition or violation for discipline of a licensee regulated by this chapter has been established under § 2616 of this title:

(1) Issue a letter of reprimand.

(2) Place a licensee on probationary status and require the licensee to:

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

b. Limit all professional activities to those areas prescribed by the Board.

(3) Suspend a licensee’s license.

(4) Revoke or permanently revoke a licensee’s license.

(5) Impose a monetary penalty not to exceed $500 for each violation.

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

(c) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may impose such disciplinary or corrective measure as are authorized under this chapter.

(d) The Board shall permanently revoke the license of any person who the Board determines has violated § 2616(a)(12) of this title.
24 Del. C. § 3014A — Delaware Code / Title 24 / Chapter 30A / Section 3014A
§ Â
        3014A. Construction and severability.
Status: in_force

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
24 Del. C. § 2601C — Delaware Code / Title 24 / Chapter 26C / Section 2601C
§ Â
        2601C. Physical Therapy Licensure Compact; purpose.
Status: in_force

(a) The State hereby enters into the Physical Therapy Licensure Compact (“Compact”) as set forth in this chapter. The text of the Compact is as set forth in this chapter.

(b) The purpose of this Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

(c) This Compact is designed to achieve the following objectives:

(1) Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses.

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

(3) Encourage the cooperation of member states in regulating multi-state physical therapy practice.

(4) Support spouses of relocating military members.

(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.
24 Del. C. § 3063 — Delaware Code / Title 24 / Chapter 30 / Subchapter V / Section 3063
§ Â
        3063. Qualifications of applicant for licensed associate art therapists.
Status: in_force

(a) An applicant who is applying for licensure as an associate art therapist under this subchapter shall submit a completed application form, pay the required fee, and furnish evidence, verified by oath and satisfactory to the Board that such person has met all the requirements established in this subchapter for licensed professional art therapists, except the requirements dealing with required experience and national certification.

(b) A plan for supervised experience of the associate art therapist must be submitted to and approved by the Board prior to the applicant’s acquiring the art therapy experience necessary for licensure as a licensed professional art therapist.

(c) The associate art therapy license is effective for a period of 2 years. The license may be renewed up to 2 times.

(d) A licensed associate art therapist may submit an application for licensure as a licensed professional art therapist (LPAT) upon fulfillment of the experience requirements of this subchapter.
24 Del. C. § 1814 — Delaware Code / Title 24 / Chapter 18 / Subchapter II / Section 1814
§ Â
        1814. Grounds for discipline or other remediation.
Status: in_force

(a) An individual licensed under this chapter is subject to disciplinary sanctions set forth in § 1815 of this title or other appropriate remediation, if, after a hearing, the Board finds that the licensee has:

(1) Engaged or knowingly cooperated in fraud or material deception in order to acquire a license, has allowed another person to use that individual’s license, or has aided or abetted an unlicensed to represent oneself as an individual licensed pursuant to this chapter;

(2) Illegally, incompetently, or negligently provided plumbing services;

(3) Been convicted of an offense that is substantially related to providing plumbing services. A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of conviction;

(4) In the last 2 years used illegal drugs; used prescription drugs without a prescription; excessively used legally prescribed drugs; or abused alcoholic beverages or drugs to the extent that it impaired that individual’s ability to provide services authorized under this chapter with reasonable skill, competence, and safety to the public;

(5) Engaged in an act of consumer fraud or deception, engaged in the restraint of competition, or participated in price-fixing activities;

(6) Violated a provision of this chapter or any lawful regulation established hereunder;

(7) Had that individual’s license as a master plumber restricted, suspended or revoked, or been subjected to other adverse action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for the suspension, revocation, or other adverse action in another jurisdiction have been presented to the Board by certified record and the Board has determined that the facts found by the appropriate licensing authority in the other jurisdiction constitute 1 or more of the acts listed in this section. A person licensed in this State is deemed to have given consent to the release of information regarding license suspension or revocation or other adverse action taken by the Board or by comparable agencies in other jurisdictions and to have waived all objections to the admissibility of previously adjudicated evidence of the acts or offenses which underlie license suspension or revocation or other adverse action;

(8) Failed to notify the Board that the individual’s license to provide services authorized under this chapter in another jurisdiction has been subject to discipline, or has been surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, or of the surrender, suspension, or revocation of the license shall be conclusive evidence thereof;

(9) A physical or mental impairment that prevents that individual from providing services authorized under this chapter with reasonable skill, competence, and safety to the public.

(b) 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.
24 Del. C. § 5602 — Delaware Code / Title 24 / Chapter 56 / Section 5602
§ Â
        5602. Definitions.
Status: in_force

As used in this chapter:

(1) “Board” means the Constable Board of Examiners.

(2) “Commission” means authority issued from the Board empowering a person or persons named in an application to exercise jurisdiction, perform the duties, and exercise the office of a constable within this State.

(3) “Employer” means an individual, person, nonprofit organization, the State, county, or a municipality.

(4) “Firearm” means as defined in § 222 of Title 11.

(5) “Full service police agency” mean a police force or police agency of the State, county or municipality, that employs sworn police officers as defined in § 8401 of Title 11, and is responsible for the prevention and detection of crime and the enforcement of the laws of this State or other governmental units within this State.

(6) “Projectile weapon” means as defined in § 222 of Title 11.

(7) “Section” means the Professional Licensing Section of the Delaware State Police.

(8) “Superintendent” means the Superintendent of the Delaware State Police.
24 Del. C. § 5118 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5118
§ Â
        5118. Licensure of cosmetology shops.
Status: in_force

(a) All cosmetology shops must be licensed pursuant to this chapter. Applications for licensure shall be submitted on a form prescribed by the Board, together with the required fees set biennially by the Division of Professional Regulation.

(b) An application for shop licensure shall identify the professional-in-charge and shall include notarized acknowledgement by the person identified as the professional-in-charge. At all times, the professional-in-charge shall be licensed pursuant to this chapter and shall hold a license in good standing as defined in § 5107(a)(4)-(8) of this title. A licensee may serve as professional-in-charge for only 1 shop at any given time. The Board shall be notified in writing of any change in the professional-in-charge within 10 business days of such change.

(c) All cosmetology shops shall renew their licensure biennially, paying fees set by the Division of Professional Regulation. All cosmetology shops shall fully comply with all the rules and regulations promulgated by the Board as provided for in this chapter. Nothing contained in this chapter shall prevent a person from operating a licensed cosmetology shop in the person’s home, provided there is full compliance with all applicable health regulations and this chapter.

(d) No cosmetology shop shall accept an apprentice unless said salon or shop shall have on its staff at least 1 individual licensed in the profession for which instruction is being provided; further, that such salon or shop may register 2 additional apprentices for each additional licensed professional attached to its staff. In addition, such salon or shop shall possess the necessary apparatus and equipment for the proper instruction in all subjects for the practices for which a license is required under this chapter; and shall maintain a daily record of the attendance of such apprentice or apprentices, together with the number of hours of apprenticeship; and shall certify to the Board upon termination of such apprenticeship the credits earned. Such instruction shall consist of the necessary training for a complete course comprising all, or the majority, of the practices of cosmetology, barbering, nail technology and electrology as provided in this chapter; and such course shall include theoretical studies and practical demonstrations in sanitation, sterilization and other safety measures, and the use of antiseptics, cosmetics and electrical appliances, consistent with the practical and theoretical requirements as applicable to cosmetology, barbering, nail technology and electrology as provided for in this chapter.

(e) Any person, firm or corporation teaching any or all of the practices of cosmetology, including barbering, nail technology and electrology, shall be required to comply with all provisions applicable to establishments having apprentices; and any and all rules which may be promulgated by the Board established in accordance with this chapter. No school of cosmetology, barbering, nail technology or electrology or beauty salon, barbershop, nail salon or electrology establishment, shall operate within this State unless a proper license under this chapter has first been obtained. The practice of cosmetology and other professions regulated by this chapter shall not be taught or practiced in this State; except in a duly licensed establishment except as provided for elsewhere in this chapter.

(f) Nothing contained in this chapter shall affect the instructional program of cosmetology as conducted in the public schools of this State. Any student, who has successfully completed the prescribed course in cosmetology in a state public school, shall be eligible to take the examinations required by this chapter.
24 Del. C. § 1618 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1618
§ Â
        1618. Suspension of license to operate massage establishment or act as massagist; regulations imposing sanctions.
Status: repealed

Repealed by 77 Del. Laws, c. 168, § 15, effective July 16, 2009.
24 Del. C. § 520 — Delaware Code / Title 24 / Chapter 5 / Subchapter III / Section 520
§ Â
        520. Penalty.
Status: in_force

A person not currently licensed as a podiatrist under this chapter, when engaging in the practice of podiatry, or using in connection with that person’s name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the person is qualified to practice podiatry, shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 dollars nor more than $1,000 dollars for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 nor more than $2,000 for each offense. Justice of the Peace Court shall have jurisdiction over all violations of this chapter.
24 Del. C. § 1177 — Delaware Code / Title 24 / Chapter 11 / Subchapter IV / Section 1177
§ Â
        1177. Sale or offer to sell, procurement, alteration or use of diploma, license or certificate; penalty.
Status: in_force

Whoever sells or offers to sell a diploma conferring a dental degree or a license or a certificate granted pursuant to this chapter or procures such diploma or license or certificate with intent to use the same as evidence of the right to practice dentistry as defined by law, by a person other than the 1 to whom such diploma was issued or to whom such license was granted or any person who, with fraudulent intent, alters such diploma or license or certificate or attempts to use the same shall be fined not less than $1,000 nor more than $5,000.
24 Del. C. § 3918 — Delaware Code / Title 24 / Chapter 39 / Section 3918
§ Â
        3918. Penalties.
Status: repealed

(a) It is unlawful for an individual who is not licensed under this chapter to do any of the following:

(1) Engage in the practice of social work.

(2) Use in connection with that individual’s name or otherwise assume or use any title or description that conveys or tends to convey the impression that the individual is qualified to practice social work.

(b) An individual who violates subsection (a) of this section is guilty of a misdemeanor and subject to the following penalties:

(1) For the first offense, a fine of not less than $500 nor more than $1,000 for each offense.

(2) For each subsequent offense, a fine of not less than $1,000 nor more than $2,000 for each offense.

(c) Superior Court has jurisdiction over all violations of this chapter.

(d) [Repealed.]
24 Del. C. § 5504 — Delaware Code / Title 24 / Chapter 55 / Section 5504
§ Â
        5504. Board membership and authority.
Status: in_force

(a) The Board shall be composed of 9 members who shall be citizens of the State and shall be appointed by the Secretary of Safety and Homeland Security:

(1) The Superintendent of the Division of State Police or a designated representative, who shall be appointed by the Secretary of Safety and Homeland Security as Chairperson of the Board. The Chairperson shall serve on the Board at the pleasure of the Secretary.

(2) A representative of the Delaware Police Chiefs Council;

(3) The Insurance Commissioner or a designated representative;

(4) Two public members, 1 of whom is an attorney admitted to the Delaware Bar;

(5) Two members who have been engaged as bail enforcement agents for a period of 5 consecutive years.

(6) Two members who have been engaged as bail bondsmen for a period of 5 consecutive years.

(b) The public members appointed to the Board shall serve 2-year terms and the professional members shall serve 3-year terms. Members shall retain their appointment until such time as their successors are appointed or they are reappointed.

(c) A member may proxy no more than twice in a calendar year, and must provide the individual’s name in advance of the meeting to the Chairperson. A proxy, under this subsection, shall have the same authority as the Board member. There must be a quorum of the Board in order to transact business. A simple majority of the total number of Board members must be present to constitute a quorum. Actions by the Board shall be by a majority of those present at Board meetings where a quorum has been established. All voting shall be done in person and at regular or special meetings of the Board.

(d) The Board shall meet quarterly or at such times to be decided by the majority of the Board. A majority of the Board constitutes a quorum to transact business.

(e) The Board shall, upon approval by the Secretary of Safety and Homeland Security, promulgate rules and regulations necessary in carrying out the provisions of this chapter, and shall establish such other general qualifications for licensure as the Board deems necessary. The Board shall also have the power to suspend, revoke or place on probation any person required to be licensed under this chapter who violates any provisions of this chapter and/or who violates any rules and/or regulations promulgated by the Board. The Board may suspend, revoke, place on probation, fine any applicant who: has committed any act which could result in a felony conviction, or has committed any act that could result in a misdemeanor conviction which involves moral turpitude or a drug offense; or has practiced fraud, deceit or misrepresentation; or has made a material misstatement in any application or renewal for a license.

(f) It is grounds for removal from the Board if a member:

(1) Does not maintain, during the service on the Board, the qualifications required by paragraphs (a)(5) and (6) of this section;

(2) Does not attend at least 1/2 of the regularly scheduled meetings, held by the Board, in a calendar year, excluding meetings held when the person was not a member of the Board; or

(3) Is unable to discharge the members’ duties for a substantial part of the term of which the member was appointed because of illness or disability.

(g) If the Director has knowledge that a potential ground for removal exists, the Director shall notify the Chairperson of the Board of the ground.

(h) The validity of an action of the Board is not affected by the fact that it was taken when a ground for removal of a member of the Board existed.
24 Del. C. § 3007 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3007
§ Â
        3007. 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 licensure period, the Division, or another state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate fee for the period.
24 Del. C. § 5511 — Delaware Code / Title 24 / Chapter 55 / Section 5511
§ Â
        5511. Notification of arrest.
Status: in_force

Anyone licensed under this chapter shall, excluding weekends and state holidays, notify the Director within 5 days of any arrest which could result in a misdemeanor or felony conviction. Failure to do so may result in the suspension or revocation of a license.
24 Del. C. § 3506A — Delaware Code / Title 24 / Chapter 35A / Section 3506A
§ Â
        3506A. Adverse actions.
Status: in_force

(a) A home state shall have the power to impose adverse action against a psychologist’s license issued by the home state. A distant state shall have the power to take adverse action on a psychologist’s temporary authorization to practice within that distant state.

(b) A receiving state may take adverse action on a psychologist’s authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.

(c) If a home state takes adverse action against a psychologist’s license, that psychologist’s authority to practice interjurisdictional telepsychology is terminated and the E-Passport is revoked. Furthermore, that psychologist’s temporary authorization to practice is terminated and the IPC is revoked.

(1) All home state disciplinary orders which impose adverse action shall be reported to the Commission in accordance with the rules promulgated by the Commission. A compact state shall report adverse actions in accordance with the rules of the Commission.

(2) In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the Commission.

(3) Other actions may be imposed as determined by the rules promulgated by the Commission.

(d) A home state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home state’s law shall control in determining any adverse action against a psychologist’s license.

(e) A distant state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under temporary authorization practice which occurred in that distant state as it would if such conduct had occurred by a licensee within the home state. In such cases, distant state’s law shall control in determining any adverse action against a psychologist’s temporary authorization to practice.

(f) Nothing in this Compact shall override a compact state’s decision that a psychologist’s participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the compact state’s law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.

(g) No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to subsection (c) of this section, above.
24 Del. C. § 115 — Delaware Code / Title 24 / Chapter 1 / Section 115
§ Â
        115. Prohibited acts; limitation of services.
Status: in_force

(a) No person or firm shall perform compilation, review or audit services, as defined by the American Institute of Certified Public Accountants (AICPA), except holders of a valid permit to practice.

(b) Audit services provided by holders of permits to practice public accountancy shall be limited to services for nonpublic entities.
24 Del. C. § 1829 — Delaware Code / Title 24 / Chapter 18 / Subchapter III / Section 1829
§ Â
        1829. Hearing procedures.
Status: in_force

(a) If a complaint alleging that a licensee has violated § 1827 of this title is filed with the Division pursuant to § 8735(h) of Title 29, 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 § 1827 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. § 3318 — Delaware Code / Title 24 / Chapter 33 / Subchapter II / Section 3318
§ Â
        3318. Practicing without a license; penalties.
Status: in_force

(a) It is unlawful for a person who is not licensed under this subchapter to use, in connection with the person’s name or business, or otherwise assume or use any title or description conveying or tending to convey the impression that the person is licensed under this subchapter.

(b) For a first offense, the court may impose a fine of not less than $500 nor more than $1,000 for each offense. For a second or subsequent offense, the court may impose a fine of not less than $1,000 nor more than $2,000 for each offense.

(c) The Justice of the Peace Court has jurisdiction over a violation of this subchapter.
24 Del. C. § 5404 — Delaware Code / Title 24 / Chapter 54 / Section 5404
§ Â
        5404. Athlete agent; registration required; void contract.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, an individual may not act as an athlete agent in this State without holding a record of registration under this chapter.

(b) Before being granted a record of registration under this chapter, an individual may act as an athlete agent in this State for all purposes except signing an agency contract, if all of the following apply:

(1) A student athlete or another person acting on behalf of the athlete initiates communication with the individual.

(2) Not later than 14 days after an initial act that requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in this State.

(c) An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return any consideration received under the contract.
24 Del. C. § 1738 — Delaware Code / Title 24 / Chapter 17 / Subchapter IV / Section 1738
§ Â
        1738. Temporary suspension pending hearing.
Status: in_force

(a) In the event of a formal or informal complaint concerning the activity of a person certified to practice medicine that presents a clear and immediate danger to the public health, the Board may temporarily suspend the person’s certificate to practice medicine, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board President or the Board President’s designee. An order temporarily suspending a certificate to practice medicine 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 can 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 panel convenes and a decision is rendered.

(b) A person whose certificate to practice medicine has been temporarily suspended pursuant to this section must be notified of the temporary suspension immediately and in writing. Notification consists of a copy of the complaint and the order of temporary suspension pending a hearing personally served upon the person or sent by certified mail, return receipt requested, to the person’s last known address.

(c) A person whose certificate to practice medicine 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 certificate to practice medicine.

(d) As soon as possible after the issuance of an order temporarily suspending a person’s certificate to practice medicine pending a hearing, the Board shall appoint a 3-member hearing panel consisting of 2 physician members and 1 public member of the Board if practicable. After notice to the person pursuant to subsection (b) of this section, the hearing panel shall convene within 60 days of the date of the issuance of the order of temporary suspension to consider the evidence regarding the matters alleged in the complaint. If the person requests in a timely manner an expedited hearing, the hearing panel shall convene within 15 days of the receipt of the request by the Board. The 3-member panel shall proceed to a hearing in accordance with the procedures set forth in § 1734 of this title and shall render a decision within 30 days of the hearing.

(e) In addition to making findings of fact, the hearing panel shall also determine whether the facts found by it constitute a clear and immediate danger to public health. If the hearing panel 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, under § 8735 of Title 29, deliberates and reaches conclusions of law based upon the findings of fact made by the hearing panel. An order of temporary suspension may not remain in effect for longer than 60 days from the date of the decision rendered by the hearing panel unless the suspended person 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. § 5206 — Delaware Code / Title 24 / Chapter 52 / Subchapter I / Section 5206
§ Â
        5206. Powers and duties.
Status: in_force

The Board of Examiners of Nursing Home Administrators 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 process all applications;

(3) Designate a written national examination, prepared by either a recognized national professional association or by a recognized legitimate national testing service and approved by the Division of Professional Regulation. The examination shall be prepared for testing on a national basis, and not specifically prepared at the request of the Board for its individual use. The examination shall be taken by all persons applying for licensure and graded by a national testing service. Applicants who qualify for licensure by reciprocity shall have achieved a passing score on all parts of the designated national examination or a comparable, alternative national or, if a national examination was not available at the time of the applicant’s original licensure, regional examination;

(4) Establish minimum education, training, and experience requirements for licensure as nursing home administrators;

(5) Evaluate the credentials of all persons applying for a license as a nursing home administrator in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this chapter;

(6) Conduct a criminal history background check on all applicants for registration and licensure, including temporary licensure and licensure by reciprocity;

(7) Grant licenses to, and renew licenses of, all persons who meet the qualifications for licensure;

(8) Register applicants as nursing home administrators-in-training;

(9) Issue temporary licenses pursuant to § 5211 of this title;

(10) Establish by rule and regulation continuing education standards required for license renewal;

(11) Evaluate certified records to determine whether an applicant for licensure, who previously has been licensed, certified, or registered in another jurisdiction as a nursing home administrator, 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;

(12) Refer all complaints from licensees and the public concerning licensed nursing home administrators, practices of the Board, or of the profession 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 of the technical aspects of the complaint;

(13) Conduct hearings and issue orders in accordance with the Administrative Procedures Act, Chapter 101 of Title 29;

(14) Promulgate regulations specifically identifying those crimes which are substantially related to the practice of nursing home administration; and

(15) When 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.
24 Del. C. § 3720 — Delaware Code / Title 24 / Chapter 37 / Subchapter III / Section 3720
§ Â
        3720. Practicing without a license; penalties [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: in_force

(a) It is unlawful for a person who is not currently licensed as a speech/language pathologist, speech/language pathology assistant, audiologist, or dispenser of hearing aids under this chapter to do any of the following:

(1) Engage in the practice of speech/language pathology, audiology, or dispensing of hearing aids.

(2) 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 speech/language pathology, audiology, or dispense hearing aids.

(b) Anyone who violates subsection (a) of this section is guilty of a misdemeanor.

(1) For a first offense, the court may impose a fine of not less than $500 dollars nor more than $1,000 dollars for each offense.

(2) For a second or subsequent offense, the the court may impose a fine of not less than $1,000 nor more than $2,000 for each offense.

(c) The Justice of the Peace Court has jurisdiction over all violations of this chapter.
24 Del. C. § 1931 — Delaware Code / Title 24 / Chapter 19 / Section 1931
§ Â
        1931. Treatment or examination of minors.
Status: in_force

(a) A parent, guardian or other caretaker, or an adult staff member, shall be present when a person licensed under this chapter provides outpatient treatment to a minor patient who is disrobed or partially disrobed or during an outpatient physical examination involving the breasts, genitalia or rectum, regardless of sex of the licensed person and patient, except when rendering care during an emergency. When using an adult staff member to observe the treatment or examination, the adult staff member shall be of the same gender as the patient when practicable. The minor patient may decline the presence of a third person only with consent of a parent, guardian or other caretaker. The minor patient may request private consultation with the licensee without the presence of a third person after the physical examination.

(b) When a minor patient is to be disrobed, partially disrobed or will undergo a physical examination involving the breasts, genitalia or rectum, a person licensed under this chapter shall provide notice to the person providing consent to treatment of the rights under this section. The notice shall be provided in written form or be conspicuously posted in a manner in which minor patients and their parent, guardian or other caretaker are made aware of the notice. In circumstances in which the posting or the provision of the written notice would not convey the right to have a chaperone present, the person licensed shall use another means to ensure that the person understands the right under this section.

(c) For the purposes of this section, “minor” is defined as a person 15 years of age or younger, and “adult staff member” is defined as a person 18 years of age or older who is acting under the direction of the licensed person or the employer of the licensed person or who is otherwise licensed under this chapter.

(d) The person licensed under this chapter that provides outpatient treatment to a minor pursuant to this section shall, contemporaneously with such treatment, note in the child’s medical record the name of each person present when such treatment is being provided.
24 Del. C. § 1773A — Delaware Code / Title 24 / Chapter 17 / Subchapter VI / Section 1773A
§ Â
        1773A. Participation in disaster or emergency care.
Status: in_force

(a) A physician assistant licensed in this State or licensed or authorized to practice in any other U.S. jurisdiction or credentialed as a physician assistant by a federal employer who is responding to a need for medical care created by an emergency or a state or local disaster (excluding an emergency which occurs in that person’s place of employment or practice) may render such care that the physician assistant is able to provide without collaboration pursuant to § 1770A of this title or with such collaboration as is available.

(b) Any physician who collaborates with a physician assistant providing medical care in response to such an emergency or state or local disaster shall not be required to meet the requirements set forth in this subchapter for a collaborating physician.

(c) A person licensed as a physician assistant under this chapter who, in good faith and without gross or wanton negligence, renders emergency care at the scene of an emergency, excluding an emergency which occurs in that person’s place of employment or practice, shall not be liable for civil damages as a result of any acts or omissions in rendering the emergency care.
24 Del. C. § 1769C — Delaware Code / Title 24 / Chapter 17 / Subchapter V / Section 1769C
§ Â
        1769C. Physician practices with multiple offices.
Status: in_force

If a physician practice has multiple offices, a physician member of that practice shall visit each office periodically, as frequently as needed but at least once per month, for purposes of ensuring that the office is managed properly and patient care is appropriate.
24 Del. C. § 2119 — Delaware Code / Title 24 / Chapter 21 / Section 2119
§ Â
        2119. Discrimination by state boards between optometrists and ophthalmologists forbidden.
Status: in_force

No state board or commission, created or existing by law, including public schools and other state agencies, in the performance of their duties, shall in any way show any discrimination between optometrists and ophthalmologists.

All boards or commissions shall honor ocular reports or other professional services by legally qualified and licensed optometrists in this State.
24 Del. C. § 2901 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2901
§ Â
        2901. License requirements; exemptions.
Status: in_force

(a) No person shall engage in the practice of providing real estate services or hold himself or herself out to the public in this State as being qualified to practice the same; 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 real estate services, unless such person has been duly licensed under this chapter.

(b) Any person engaging in the practice of providing real estate services in this State without the proper licensure shall be in violation of this chapter and shall be subject to the provisions of § 10161 of Title 29.

(c) No brokerage organization, corporation, partnership or other business entity shall be licensed under this chapter. Nothing in this chapter, however, shall prevent such brokerage organization from providing real estate services provided the individual or business entity has a broker who is responsible for providing real estate services and who may have affiliated associate brokers or salespersons, properly licensed in this State, who provide such services under the supervision of the broker.

(d) No person shall directly or indirectly provide real estate services through a licensee of the State without having a license in this State.

(e) This chapter shall not apply to:

(1) Any person or a subsidiary or division thereof with common ownership or control who, as owner or lessor or buyer or lessee, performs any of the acts enumerated in this section with reference to property owned, purchased or leased by such person or a subsidiary or division thereof with common ownership or control or to the regular employee of such person, with respect to the property so owned, purchased or leased, where such acts are performed in the regular course of or as an incident to the management of such property and the investment therein; or

(2) Persons acting as attorney in fact under a duly executed power of attorney from a person engaged in a real estate transaction authorizing the final consummation by performance of any agreement of sale, leasing or exchange of real estate.

(3) This chapter shall not be construed to include in any way the services rendered by an attorney-at-law, nor shall it be held to include, while acting as such, the receiver, trustee in bankruptcy, administrator or executor, or any person selling real estate under order of any court, or a trustee acting under a trust agreement, deed of trust or will, or the regular salaried employee thereof.

(4) An “auctioneer” as defined in § 2301(a)(3) of Title 30.

(5) A provider of property management services as defined in § 2902 of this title excepting that a provider of property management services shall not directly or indirectly sell or offer to sell, buy or offer to buy, negotiate the purchase, sale, or exchange of real estate, lease or rent or offer for lease or rent any real estate, or negotiate leases or rental agreements thereof or of the improvements thereon for others.
24 Del. C. § 2926 — Delaware Code / Title 24 / Chapter 29 / Subchapter II / Section 2926
§ Â
        2926. Applicability.
Status: in_force

This subchapter applies to licensees in their business relationships with customers and clients for all types of real estate services whether they are sales, leases, exchanges, management of real estate for others, or real estate counseling conducted by licensees.
24 Del. C. § 2005 — Delaware Code / Title 24 / Chapter 20 / Subchapter I / Section 2005
§ Â
        2005. Records.
Status: in_force

The Division shall keep a register of all approved applications for license as an occupational therapist and occupational therapy assistant, and complete records relating to meetings of the Board, examinations, rosters, changes, and additions to the Board’s rules and regulations, complaints, hearings, and any other matters that the Board determines. The records are prima facie evidence of the Board’s proceedings.
24 Del. C. § 1903A — Delaware Code / Title 24 / Chapter 19A / Section 1903A
§ Â
        1903A. Definitions.
Status: in_force

As used in this Compact:

(a) “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 a nurse, 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 a nurse’s authorization to practice, including issuance of a cease and desist action.

(b) “Alternative program” means a nondisciplinary monitoring program approved by a licensing board.

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

(d) “Current significant investigative information” means 1 of the following:

(1) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse 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.

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

(e) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.

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

(g) “Licensing board” means a party state’s regulatory body responsible for issuing nurse licenses.

(h) “Multistate license” means a license to practice as a registered or a licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.

(i) “Multistate licensure privilege” means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in a remote state.

(j) “Nurse” means RN or LPN/VN, as those terms are defined by each party state’s practice laws.

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

(l) “Remote state” means a party state, other than the home state.

(m) “Single-state license” means a nurse 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.

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

(o) “State practice laws” means a party state’s laws, rules, and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. “State practice laws” do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.
24 Del. C. § 2911 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2911
§ Â
        2911. Complaints.
Status: in_force

All complaints shall be received and investigated by the Division in accordance with § 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. § 2817 — Delaware Code / Title 24 / Chapter 28 / Section 2817
§ Â
        2817. Requirements for licensure.
Status: repealed

The following requirements for the 3 essential components of education, experience, and examination shall be considered as the minimum satisfactory evidence that an applicant is qualified for licensure as a professional engineer:

(1) Graduates from an engineering educational program approved by the Engineering Accreditation Commission (EAC) of ABET, Inc. (formerly the Accreditation Board for Engineering and Technology), or from an ABET recognized foreign accreditation agency approved educational program, or an engineering educational program approved by an accrediting agency that is a signatory to the Washington Accord.

a. Graduation with a baccalaureate degree from an engineering educational program accredited by the EAC of ABET, Inc., or by a foreign educational program accreditation agency adjudged by ABET to use substantially equivalent accreditation; procedures or by an accrediting agency that is a signatory to the Washington Accord; and

b. Professional experience in engineering work of a character satisfactory to the Council in the amount of 4 years or more, such experience indicating that the applicant is competent to practice as a professional engineer; and

c. Successful passing of an examination approved by the Council; and

d. Meeting the additional requirements of paragraph (7) of this section.

(2) Graduates from non-EAC of ABET accredited engineering programs, from engineering technology programs or from science programs related to engineering.

a. Graduation with a baccalaureate degree from a Council approved 4-year educational program in engineering that is not EAC of ABET accredited, in engineering technology or in science related to engineering; and

b. Professional experience in engineering work of a character satisfactory to the Council in the amount of 8 years or more, such experience indicating that the applicant is competent to practice as a professional engineer; and

c. Successful passing of an examination approved by the Council; and

d. Meeting the additional requirements of paragraph (7) of this section.

(3) Graduates from non-EAC of ABET accredited engineering programs, from engineering technology programs or from science programs related to engineering who hold master’s degrees in engineering from institutions that offer EAC of ABET-accredited engineering programs, or the equivalent:

a. Graduation with a baccalaureate degree from a Council approved 4-year educational program in engineering that is not EAC of ABET accredited, in engineering technology or in science related to engineering; and

b. Professional experience in engineering work of a character satisfactory to the Council in the amount of 5 years or more, such experience indicating that the applicant is competent to practice as a professional engineer; and

c. Successful passing of an examination approved by the Council; and

d. Meeting the additional requirements of paragraph (7) of this section.

(4) Graduates from non-EAC of ABET accredited engineering programs, from engineering technology programs or from science programs related to engineering who hold doctoral degrees in engineering from institutions that offer EAC of ABET-accredited engineering programs, or the equivalent:

a. Graduation with a baccalaureate degree from a Council approved 4-year educational program in engineering that is not EAC of ABET accredited, in engineering technology or in science related to engineering; and

b. Professional experience in engineering work of a character satisfactory to the Council in the amount of 4 years or more, such experience indicating that the applicant is competent to practice as a professional engineer; and

c. Successful passing of an examination approved by the Council; and

d. Meeting the additional requirements of paragraph (7) of this section.

(5) Engineering experience and examination. — a. Professional experience in engineering work of a character satisfactory to the Council, consisting of 15 years or more of lawful practice and indicating that the applicant is competent to practice as a professional engineer; and

b. Successful passing of an examination approved by the Council; and

c. Meeting the additional requirements of paragraph (7) of this section.

(6) Comity. — a. The Council may, upon application and payment of the required fee and without further examination, issue a license as a professional engineer to any person holding a current, valid certificate of registration or a license as a professional engineer issued to that person by a proper authority of a state, territory, or possession of the United States, the District of Columbia, or other Council-approved foreign jurisdiction, provided the applicant’s certificate or license is in good standing as defined in paragraph (9) of this section, and the applicant’s qualifications meet at least 1 of the following:

1. The professional engineering qualifications of the applicant on the effective date of such certificate of registration or a license would have satisfied the requirements for licensure in this State on that date.

2. The professional engineering qualifications of the applicant at any time subsequent to the effective date of such certificate of registration or a license would have satisfied the requirements for licensure in this State in effect at that time. A personal interview may be required by Council to ascertain the facts in the case.

3. [Repealed.]

4. The professional engineering qualifications of the applicant include a minimum of 5 years of continuous and verifiable experience as a professional engineer. The applicant must meet the additional requirements of paragraph (7)a. of this section.

5. An applicant holding a valid NCEES council record issued by the National Council of Examiners for Engineering and Surveying, whose qualifications meet the requirements of this chapter, may be registered by Council as a professional engineer upon receipt from the National Council of Examiners for Engineering and Surveying of a certified copy of such registration record.

6. An applicant who has been designated as a “model law engineer” by the National Council of Examiners for Engineering and Surveying. Such person may be issued a license administratively without Council review.

b. The Council may, upon application and payment of the required fee, issue a license as a professional engineer to an applicant who is an International Professional Engineer (IntPE) registrant under the International Engineering Alliance (IEA) International Professional Engineers Agreement (IPEA). The applicant’s IntPE registration must be current and in good standing as defined in paragraph (9) of this section. Such applicant must also have a minimum of 5 years of continuous and verifiable experience as a professional engineer obtained after receipt of the applicant’s IntPE. The applicant must meet the additional requirements of paragraph (7)a. of this section.

c. If the person who has been licensed in Delaware pursuant to paragraph (6)a. or b. of this section has that person’s license to practice revoked in the state in which the person was registered or licensed at the time licensure in Delaware through comity was sought, then the authorization issued in Delaware shall be automatically revoked followed 30 days’ written notice from the Council unless the person makes application to the Council for consideration for retaining the Delaware authorization and the Council acts favorably on such application.

(7) Additional requirements. — a. Every applicant shall give not less than 5 references, people who state that in their opinion and by their personal knowledge the applicant is qualified to practice as a professional engineer. At least 3 such references shall be registered or licensed professional engineers in this or any other state or territory or possession of the United States, the District of Columbia, other Council-approved foreign jurisdiction, or an IntPE registrant under the IEA.

b. An applicant, otherwise qualified, shall not be required to be actively practicing the applicant’s profession at the time of the applicant’s application.

c. Every applicant must demonstrate knowledge of the Delaware Professional Engineers Act and the code of ethics to the satisfaction of the Council.

d. The required examination shall consist of a Fundamentals of Engineering examination and a Principles and Practice of Engineering examination furnished by, and scored by, the National Council of Examiners for Engineering and Surveying, or other nationally normed examinations which are approved by the Council.

e. The examination in the Fundamentals of Engineering shall be taken after graduation, except it may be taken by a college or university senior in good academic standing in an educational program leading to a baccalaureate degree in engineering, related science or engineering technology. The Council may permit other students in such programs to take the Fundamentals of Engineering examination prior to graduation.

f. The examination in Principles and Practice of Engineering shall not be taken until after the satisfactory completion of the educational requirements as outlined in paragraphs (1)-(4) of this section or the experience requirements of paragraph (5) of this section. The order in which examinations are taken relative to when an applicant’s professional experience under paragraphs (1)-(4) of this section is acquired shall not be considered.

g. [Repealed.]

(8) Applicants for licensure as a professional engineer shall be exempt from the requirement to pass the Fundamentals of Engineering Examination, if they are qualified as follows:

a. An individual holding an earned doctoral degree in engineering from a university, which has an undergraduate program, accredited by ABET or by an accrediting agency that is a signatory to the Washington Accord, in that discipline at the time that individual earned the doctoral degree, providing that doctoral degree required the passing of a Ph.D. qualifying examination from that university; or,

b. An individual holding a baccalaureate degree from a Council-approved 4-year engineering educational program, who has at least 15 years of professional experience in the lawful practice of engineering of a character satisfactory to the Council, and which indicates that the applicant is competent to practice as a professional engineer.

(9) The Council may refuse an applicant for licensure if the Council finds that the applicant has:

a. Been convicted of a crime that is substantially related to the practice of engineering; or

b. Misstated or misrepresented a fact in connection with the applicant’s application; or

c. Been found guilty of a violation of this chapter or of the Delaware Association of Professional Engineers’ Code of Ethics; or

d. Engaged in the practice of engineering in this State without being licensed as a professional engineer. Notwithstanding such a finding, the Council may allow licensure of such applicant if the applicant presents to the Council suitable evidence of reform; or

e. Used improper means to gain information usable by the applicant on or in connection with an examination taken by the applicant to obtain licensure as a professional engineer or certification as an engineer intern; or

f. Been disciplined by another jurisdiction, state, territory, or possession of the United States, the District of Columbia, foreign country, the United States government, or any other governmental entity, if at least 1 of the grounds for discipline is the same or substantially equivalent to those contained in § 2823 of this title; or

g. Voluntarily surrendered an engineering license in order to avoid disciplinary action by another jurisdiction, state, territory, or possession of the United States, the District of Columbia, foreign country, the United States government, or any other governmental entity, if at least 1 of the grounds for discipline is the same or substantially equivalent to those contained in § 2823 of this title.

(10) Where an application of a person has been refused or rejected, and such applicant feels that the Council has acted without justification, has imposed higher or different standards for that person than for other applicants, 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. § 1769 — Delaware Code / Title 24 / Chapter 17 / Subchapter V / Section 1769
§ Â
        1769. Disclosure of laboratory costs.
Status: in_force

A person certified to practice medicine who bills patients or third-party payors for individual tests or test series administered by any private or hospital clinical laboratory shall disclose on the bill the name of the laboratory, the amount or amounts charged by the laboratory for individual tests or test series and the amount of any procurement or processing charge made by the person certified to practice medicine for each test or test series. A test or test series performed at a state laboratory or at another laboratory at which no charge is made must be noted on the bill.
24 Del. C. § 5418 — Delaware Code / Title 24 / Chapter 54 / Section 5418
§ Â
        5418. Relation to the Electronic Signatures in Global and National Commerce Act.
Status: in_force

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).
24 Del. C. § 3614 — Delaware Code / Title 24 / Chapter 36 / Subchapter II / Section 3614
§ Â
        3614. Disciplinary sanctions.
Status: in_force

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that one of the conditions or violations set forth in § 3612 of this title applies to a practitioner regulated by this chapter:

(1) Issue a letter of reprimand;

(2) Censure a practitioner;

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

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

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

(4) Suspend any practitioner’s license;

(5) Revoke any practitioner’s license;

(6) Impose a monetary penalty not to exceed $500 for each violation.

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

(c) 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.

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

(e) 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. § 707 — Delaware Code / Title 24 / Chapter 7 / Section 707
§ Â
        707. Qualifications of applicant; report to Attorney General; judicial review.
Status: repealed

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

(1) Has received a degree of “Doctor of Chiropractic” from a school or college fully accredited by an accrediting agency recognized by the U.S. Department of Education.

(2) Shall provide proof satisfactory to the Board that the applicant has successfully passed Parts I, II, III, IV and the physiotherapy section of the National Board of Chiropractic Examiners’ examination.

(3) Has not been the recipient of any administrative penalties regarding the applicant’s practice of chiropractic, including 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 a Board on the applicant’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, alcohol, or a finding of mental incompetence by a physician qualified by specialty or experience to make a professional diagnosis regarding mental capacity, that would limit the applicant’s ability to undertake the practice of chiropractic in a manner consistent with the safety of the public.

(5) Does not have a criminal conviction record, nor pending criminal charge relating to an offense that is substantially related to the practice of chiropractic. If however, 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, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(5). Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board.

a.-d. [Repealed.]

(6) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, has not been convicted of a felony sexual offense.

(7) Has submitted, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following:

a. A report of the applicant’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.

b. A report of the applicant’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 Chiropractic shall be the screening point for the receipt of said federal criminal history records.

c. An applicant may not be licensed to practice chiropractic until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction related to the practice of chiropractic may not be licensed by the Board unless a waiver is granted pursuant to paragraph (a)(5) of this section.

(b) An applicant, who has received a degree of “Doctor of Chiropractic” or its equivalent from a foreign school, college or university, shall submit a certified copy of the applicant’s school, college or university record for evaluation by the Board.

(c) 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.

(d) 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.

(e) All individuals licensed to practice chiropractic in this State shall be required to be fingerprinted by the State Bureau of Identification, at the licensee’s expense, for the purposes of performing subsequent criminal background checks. Licensees shall submit by January 1, 2016, at the applicant’s expense, fingerprints and other necessary information in order to obtain a criminal background check.
24 Del. C. § 4034 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4034
§ Â
        4034. Removal of appraisers from appraiser panels.
Status: in_force

(a) An appraisal management company shall not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real property appraisal services to an independent appraiser, without notifying the appraiser in writing of the reasons for the appraiser being removed from the appraiser panel of the appraisal management company.

(b) An independent appraiser that is removed from the appraiser panel of an appraisal management company for alleged illegal conduct, violation of the Uniform Standards of Professional Appraisal Practice or violation of state licensing standards may file a complaint with the Council for a review of the decision of the appraisal management company, except that in no case shall the Council make any determination regarding the nature of the business relationship between the appraiser and the appraisal management company that is unrelated to the actions specified in subsection (a) of this section.

(c) If an independent appraiser files a complaint against an appraisal management company pursuant to subsection (b) of this section, the Council shall adjudicate the complaint within a reasonable time.

(d) If after opportunity for a hearing and review, the Council determines that an independent appraiser did not commit a violation of law, a violation of the Uniform Standards of Professional Appraisal Practice or a violation of this chapter, the Council shall order that the appraiser be added to the appraiser panel of the appraisal management company that was the subject of the complaint. The Council shall furnish the appraisal management company with all written documentation and investigation records that support the Council’s findings.
24 Del. C. § 2929 — Delaware Code / Title 24 / Chapter 29 / Subchapter II / Section 2929
§ Â
        2929. Financial information.
Status: in_force

Licensees do not have a duty to conduct an independent investigation of the customer’s or client’s financial condition and do not have a duty to independently verify the accuracy or completeness of financial statements made by the customer or client or any independent inspector, auditor, or lender, but if the licensee has actual knowledge of false financial information, the licensee shall advise the party to correct it and shall not pass on the information known to be false.
24 Del. C. § 1225 — Delaware Code / Title 24 / Chapter 12 / Subchapter II / Section 1225
§ Â
        1225. Duties of security alarm businesses [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

(a) A security alarm business shall provide written and oral instructions to each of its security alarm system users for every security alarm system site on the proper use and operation of its security alarm systems. Such instructions shall specifically include all instructions necessary to turn the security alarm system on and off and instructions on the avoidance of false alarms.

(b) A security alarm business shall be responsible for the prevention of false alarms during installations, servicing, repairs and maintenance of security alarm systems.

(c) A security alarm business shall ensure that battery backup power is installed during new installations of security alarm systems.

(d) A security alarm business shall not use an automatic voice dialer.

(e) A security alarm business providing monitoring services shall attempt to verify an activated alarm signal by contacting at least 2 different telephone numbers provided by a security alarm system user who has authority to cancel the dispatch before a security alarm system dispatch request is made, unless the security alarm system administrator has waived the 2-call dispatch requirement. This subsection shall not apply to duress and holdup alarms.

(f) A security alarm business that issues security alarm system dispatch requests must maintain for a period of at 1 year from the date of a security alarm system dispatch request, records relating to security alarm system dispatch requests. Records must include name, address and telephone number of the security alarm system user, the security alarm system zone or zones activated, the time of a security alarm system dispatch request and evidence of its efforts to verify. These records shall immediately be made available to the security alarm system administrator or any police officer at any time during normal business hours.

(g) A security alarm business providing monitoring services shall provide the relevant police department or departments with a toll-free telephone number for contacting monitoring station dispatchers and for obtaining information as provided in subsection (f) of this section.

(h) A security alarm business shall not make a security alarm system dispatch request if monitoring equipment indicates a security alarm system malfunction.

(i) After completion of the installation of a security alarm system, an employee of the security alarm business responsible for installing the security alarm system shall review with the security alarm system user a false alarm prevention checklist approved by the security alarm system administrator.

(j) A security alarm business responsible for monitoring a security alarm system at a registered security alarm system site shall not make a security alarm system dispatch request to a law-enforcement authority in response to a burglar alarm signal, excluding panic, duress and holdup signals, during the first 7 days following a security alarm system installation. The security alarm system administrator may grant a security alarm system user's request for an exemption from this waiting period based upon a determination that special circumstances substantiate the need for the exemption.

(k) A security alarm business responsible for monitoring a security alarm system at a registered security alarm system site shall:

(1) Report alarm signals by using telephone numbers designated by the security alarm system administrator;

(2) Communicate security alarm system dispatch requests to law-enforcement;

(3) Communicate cancellations to the law-enforcement authority;

(4) Ensure that all security alarm system users of security alarm systems equipped with a duress, holdup or panic alarm are given adequate training as to the proper use of the duress, holdup or panic alarm;

(5) Communicate any available information (north, south, front, back, floor, etc.) about the location on all alarm signals related to the security alarm system dispatch request;

(6) Communicate the type of alarm activation (silent or audible, interior or perimeter);

(7) Provide a security alarm system user registration number when requesting law-enforcement dispatch;

(8) After a security alarm system dispatch request, promptly advise the law-enforcement authority if the monitoring company knows that the security alarm system user or the responder is on the way to the security alarm system site;

(9) Attempt to contact the security alarm system user within 24 hours via mail, fax, telephone, or other electronic means when an security alarm system dispatch is made; and,

(10) Beginning June 10, 2012, monitoring companies must maintain for a period of at least 1 year from the date of the security alarm system dispatch request, records relating to security alarm system dispatch requests. Records must include the name, address and telephone number of the security alarm system user, the security alarm system zones or zones activated, the time of security alarm system dispatch request and evidence of an attempt to verify. The security alarm system administrator may request copies of such records for individually named security alarm system users. If the request is made within 60 days of an security alarm system dispatch request, the monitoring company shall furnish requested records within 3 business days of receiving the request. If the records are requested between 60 days to 1 year after security alarm system dispatch request, the monitoring company shall furnish the requested records within 30 days of receiving the request.

(11) A security alarm system installation company and/or monitoring company that purchases security alarm system accounts from another person shall notify the security alarm system administrator of such purchase and provide details as may be reasonably requested by the security alarm system administrator.
24 Del. C. § 2827 — Delaware Code / Title 24 / Chapter 28 / Section 2827
§ Â
        2827. Annual reports.
Status: in_force

The Association shall submit annually to the Governor and the State Auditor an annual report, certified by a certified public accountant, detailing its income, expenses, assets and liabilities, as well as pertinent statistical and narrative information summarizing its regulatory activities, changes in modus operandi and progress made within its area of responsibility. The Association shall send notice to the General Assembly that such report was submitted to the Governor and the State Auditor.
24 Del. C. § 1631 — Delaware Code / Title 24 / Chapter 16 / Subchapter II / Section 1631
§ Â
        1631. Statement of purpose; findings.
Status: in_force

(a) It is hereby found that there are certain commercial premises, buildings, structures or parts thereof which, by reason of the design and use of such premises, buildings or structures are conducive to the spread of communicable disease to persons frequenting such premises, buildings and structures; and also to the public health, safety and welfare. The General Assembly declares that the health, safety and welfare of all persons in this State should be protected through the application and enforcement of standards regulating such premises, buildings and structures, in order to eliminate the possibility of the spread of, or infection by, communicable diseases.

(b) The sexually transmittable disease of Acquired Immune Deficiency Syndrome, currently found to be irreversible and uniformly fatal, is found to be of particular danger to persons who frequent adult entertainment establishments or other premises, when they are in violation of state law. A high incidence of this and other communicable diseases is found to occur in discernable population groups. The risk factors for obtaining or spreading A.I.D.S. are associated with high-risk sexual conduct. The commercial premises, buildings and structures where persons might place themselves at risk of infection from this disease, or from any other communicable disease facilitated by high-risk sexual conduct, should as public policy be regulated and standards for the prevention of the spread of these communicable diseases should be established for the protection of the public health, safety and welfare.
24 Del. C. § 2546 — Delaware Code / Title 24 / Chapter 25 / Subchapter VI / Section 2546
§ Â
        2546. Use of certain descriptive titles [Effective until June 30, 2026].
Status: in_force

Nothing in this chapter may be construed to prohibit the use of the phrase “proprietary medicine store,” “patent medicine store,” or “health and beauty aids.”
24 Del. C. § 1191 — Delaware Code / Title 24 / Chapter 11 / Subchapter V / Section 1191
§ Â
        1191. Immunity of officials reviewing dental records and dentistsâ work; confidentiality of investigative records; liability of informants.
Status: in_force

(a) The members of the State Board of Dentistry and Dental Hygiene of Delaware, dental ethics committee and dentists who are members of hospital and Delaware State Dental Society committees whose function is the review of dental records and of dentists’ work with a view to quality of care and utilization of hospital facilities, home visits and office visits shall severally not be subject to, and shall be immune from, claim, suit, liability, damages or any other recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken, performed or reached in good faith and without malice by any such member or members acting individually or jointly in carrying out the responsibilities, authority, duties, powers and privileges of the offices conferred by law upon them under this chapter, or any other state law, or duly adopted rules and regulations of the aforementioned committees and hospitals, good faith being presumed until proven otherwise, with malice required to be shown by a complainant.

(b) The records and proceedings of any such committees or organizations as described in subsection (a) of this section shall be confidential records which shall not constitute public records or be available for general inspection by the public. All hearings on complaints shall be opened to the public only at the request of the respondent.

(c) No person who provides information to any such committees or organizations as described in subsection (a) of this section, or who testifies as a witness, shall be held liable in any cause of action arising out of the providing of such information or the giving of such testimony, provided that such person does so in good faith and without malice.
24 Del. C. § 5412 — Delaware Code / Title 24 / Chapter 54 / Section 5412
§ Â
        5412. Required records.
Status: in_force

(a) An athlete agent shall create and retain for 5 years records of all of the following:

(1) The name and address of each student athlete represented by the agent.

(2) Each agency contract entered into by the agent.

(3) The direct costs incurred by the agent in the recruitment or solicitation of each student athlete to enter into an agency contract.

(b) Records described in subsection (a) of this section are open to inspection by the Secretary during normal business hours.
24 Del. C. § 3503A — Delaware Code / Title 24 / Chapter 35A / Section 3503A
§ Â
        3503A. Compact privilege to practice telepsychology.
Status: in_force

(a) Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with § 3502A of this title, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in the Compact.

(b) To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this Compact, a psychologist licensed to practice in a compact state must comply with the following provisions in paragraphs (b)(1) through (8) of this section:

(1) Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded either:

a. Regionally accredited by an accrediting body recognized by the U.S. Department of Education to grant graduate degrees, or authorized by provincial statute or royal charter to grant doctoral degrees.

b. A foreign college or university deemed to be equivalent to paragraph (b)(1)a. of this section above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service.

(2) Hold a graduate degree in psychology that meets all of the following criteria:

a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists.

b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution.

c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines.

d. The program must consist of an integrated, organized sequence of study.

e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities.

f. The designated director of the program must be a psychologist and a member of the core faculty.

g. The program must have an identifiable body of students who are matriculated in that program for a degree.

h. The program must include supervised internship training appropriate to the practice of psychology.

i. The curriculum shall encompass the completion of a doctoral degree in professional psychology.

j. The program includes an acceptable residency as defined by the rules of the Commission.

(3) Possess a current, full, and unrestricted license to practice psychology in a home state which is a compact state.

(4) Have no history of adverse action that violate the rules of the Commission.

(5) Have no criminal record history reported on an identity history summary that violates the rules of the Commission.

(6) Possess a current, active E-Passport.

(7) Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology; criminal background; and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the Commission.

(8) Meet other criteria as defined by the rules of the Commission.

(c) The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.

(d) A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state’s scope of practice. A receiving state may, in accordance with that state’s due process law, limit or revoke a psychologist’s authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state’s applicable law to protect the health and safety of the receiving state’s citizens. If a receiving state takes action, the state shall promptly notify the home state and the Commission.

(e) If a psychologist’s license in any home state, another compact state, or any authority to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended or otherwise limited, the E-Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.
24 Del. C. § 3521 — Delaware Code / Title 24 / Chapter 35 / Subchapter III / Section 3521
§ Â
        3521. Treatment records; discontinuation of a practice; termination of a patient relationship; death of a psychologist.
Status: in_force

(a) (1) A psychologist 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 psychology practice in this State when the psychologist is not transferring patient records to another 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 providers in the area who may be available to accept new patients who require that medical care.

c. The date the psychologist 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 a psychologist is closing a psychology practice and patient records will no longer be available at the psychologist’s place of business, the psychologist shall provide to the Board notice of how former patients may obtain the patient’s records.

(b) (1) If a psychologist dies and has not transferred patient records to another provider and has not made provisions for a transfer of patient records to occur upon the psychologist’s death, a personal representative of the psychologist’s estate shall provide notice to the deceased psychologist’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 psychologist practiced. The notice must be published at least 1 time per month in the 3-month period after the psychologist’s death.

b. Providing notice to all patients 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 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 psychologist 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 notice of how former patients may obtain the patient’s records.

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

(2) If the patient and psychologist agree, the psychologist may forward a summary of the patient’s record to the new 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 a psychologist.

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

(4) The psychologist 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 psychologist who has seen or treated a patient 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 patient.

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

(g) (1) A psychologist 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 psychologist to another provider.

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

(3) A psychologist or the personal representative of the psychologist 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 Board may find that a psychologist 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. § 5207 — Delaware Code / Title 24 / Chapter 52 / Subchapter II / Section 5207
§ Â
        5207. License required.
Status: in_force

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

(b) Whenever a license to practice as a nursing home administrator in this State has expired or been suspended or revoked, it shall be unlawful for the person to act as a nursing home administrator in this State.

(c) No person shall act as a nursing home administrator-in-training, or hold out that that person is a nursing home administrator-in-training, unless such person has been duly registered by the Board under this chapter.
24 Del. C. § 304 — Delaware Code / Title 24 / Chapter 3 / Section 304
§ Â
        304. Board of Architects.
Status: in_force

(a) The Board of Architects shall consist of 9 members appointed by the Governor: 5 professional members who shall be registered architects; and 4 public members. To serve on the Board, a public member shall not be, nor ever have been, employed by a person or firm which provides construction services, nor a member of the immediate family of an architect or engineer; shall not have been employed by a person or firm which provides construction services (which shall include architects and architectural businesses, engineers and engineering businesses, and any other occupation involved in the design of structures); shall not have had a material financial interest in the providing of goods and services to any person or firm which provides construction services; nor have been engaged in an activity directly related to the design of buildings. No person shall be a public member if a member of such person’s immediate family is an architect, or is an employee of an architect; or if a member of such person’s immediate family has a material or financial interest in the providing of goods or services to architects. Each public member shall be accessible to inquiries, comments and suggestions from the general public.

(b) Each member shall serve for a term of 3 years, and may successively serve 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may successively serve 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, and the member shall no longer be eligible to participate in Board proceedings unless lawfully appointed. Current Board members, who will have served as members for 10 years or more at the end of their current terms, will not be eligible for reappointment to the Board.

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

(d) No member of the Board of Architects, while serving on the Board, shall be a president, chairperson or other official of a professional architect association.

(e) The provisions set forth for “employees” in § 5805 of Title 29 shall apply to all members of the Board, and to all agents appointed, or otherwise employed, by the Board.

(f) 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.
24 Del. C. § 6103 — Delaware Code / Title 24 / Chapter 61 / Section 6103
§ Â
        6103. Board of Elevator Mechanics; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.
Status: in_force

(a) There is created a state Board of Elevator Mechanics, which shall administer and enforce this chapter.

(b) The Board shall consist of 5 members who are appointed by the Governor and are residents of the State.

(1) Four members must be licensed in the State as a master electrician special elevator or elevator mechanic, and must be composed of the following:

a. One individual who represents the interests of a major elevator, escalator, or moving walkway manufacturing company.

b. One individual who is primarily engaged in the business of elevator, escalator, or moving walkway installation, alteration, repair, or maintenance.

c. One individual who represents the interests of elevator inspection, consulting, or engineering firms.

d. One representative from a major labor organization that represents elevator mechanics and apprentices who work in the elevator industry.

(2) The fifth Board member must be a public member who is accessible to inquiries, comments, and suggestions from the general public, and who is not, nor has ever been, any of the following:

a. An elevator mechanic or a member of the immediate family of an elevator mechanic.

b. Employed by an elevator mechanic business.

c. The holder of a material financial interest in the providing of goods and services to elevator mechanics.

d. Engaged in an activity directly related to the provision of elevator mechanic services.

(c) Each member shall serve a term of 3 years, and may serve up to 2 consecutive terms. Each term of office shall expire on the date specified in the appointment; however, the board member will remain eligible to participate in board proceedings unless and until replaced by the Governor.

(d) Only an individual who has never served on the Board may be appointed to the Board for 2 consecutive terms. No individual who has been twice appointed to the Board or who has served on the Board for 6 years within a 9-year period, may be reappointed to the Board until an interim period of at least 1 term has expired since the individual last served.

(e) Any act or vote by an individual 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 a disciplinary hearing shall be disqualified from board business until the charge is adjudicated or the matter is otherwise concluded. A board member may appeal any suspension or removal to the Superior Court.

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

(h) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive reasonable compensation per meeting attended in an amount determined by the Division.
24 Del. C. § 3019 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3019
§ Â
        3019. Treatment records; discontinuation of a practice; termination of a client relationship; death of a licensee.
Status: in_force

(a) (1) An individual 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 the licensee’s 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 licensee 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 licensee is closing the licensee’s practice and client records will no longer be available at the licensee’s place of business, the licensee shall provide to the Board notice of how former clients may obtain the client’s records.

(b) (1) If a licensee 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 doing 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 notice of how former clients may obtain the client’s records.

(c) (1) If a client changes from the care of a licensee 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 licensee.

(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 shall establish a payment schedule for copies of client records under this section and must review this payment schedule annually.

(4) The licensee 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 licensee 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 licensee 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 a 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 licensee or the personal representative of the estate of a licensee 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 may find that an individual licensed under this chapter 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. § 1916 — Delaware Code / Title 24 / Chapter 19 / Section 1916
§ Â
        1916. Reciprocity for licensed practical nurse.
Status: in_force

(a) The Board may, by endorsement, without written examination, license as a practical nurse an applicant who, on or after July 1, 1983, is duly licensed as a practical nurse or is entitled to perform similar services under a different title under the laws of another state or a territory of the United States or a foreign country, if in the opinion of the Board, the applicant meets the qualifications specified by this chapter for licensed practical nurses in this State.

(b) In the event the applicant has not been actively employed in practical nursing in the past 5 years, the applicant will be required to give evidence of satisfactory completion of a practical nursing refresher program within an approved agency within 2 years prior to endorsement before licensure by endorsement will be granted. In the event no refresher course is available the Board may consider alternate methods of evaluating current knowledge in practical nursing.

(c) Verification of current Delaware license is provided upon request to other state boards of nursing.
24 Del. C. § 2931 — Delaware Code / Title 24 / Chapter 29 / Subchapter II / Section 2931
§ Â
        2931. Competitive market analysis (âCMAâ).
Status: in_force

A competitive market analysis is not an appraisal. A licensee may perform a competitive market analysis as part of providing real estate services. However, a licensee shall not perform a competitive market analysis for the mortgagee on a property that is the subject of a signed agreement of sale. A competitive market analysis as permitted under this chapter shall meet the following criteria:

(1) A competitive market analysis shall only be prepared for the following purposes:

a. An existing or potential seller or owner for the purpose of listing a property for sale or lease; or

b. An existing or potential buyer or tenant for the purpose of purchasing or leasing a property for sale or lease;

(2) The following disclosure shall appear in at least a 12-point bold face type font and located immediately following the estimated market price:

“Notwithstanding any language to the contrary contained herein, this Competitive Market Analysis is NOT an appraisal of the market value for property and is not intended to be used for any legal purpose including approval of a mortgage loan, modification of a mortgage loan, divorce/property separation, estate settlement, bankruptcy proceedings or any other purpose where real estate value is needed. If an appraisal is desired, the services of a licensed or certified appraiser must be obtained.”

(3) The competitive market analysis shall comply with the content requirements as provided in the rules and regulations.
24 Del. C. § 5122 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5122
§ Â
        5122. Inspections.
Status: in_force

(a) An agent of the Division may enter and inspect during business hours, without prior notice, any shop or school where cosmetology, barbering, electrology, nail technology or aesthetics services are offered, rendered or taught, or any other place where such services are offered, rendered or taught.

(b) An agent of the Division acting pursuant to subsection (a) of this section: may inspect and copy records required to be kept by this chapter; may inspect within reasonable limits and in a reasonable manner the premises and all pertinent equipment; and may inspect other things therein, including records, files, papers and facilities relating to violation of this chapter.

(c) All information gathered under this section shall be kept confidential in accordance with all federal and state laws regarding privacy.
24 Del. C. § 1799L — Delaware Code / Title 24 / Chapter 17 / Subchapter XI / Section 1799L
§ Â
        1799L. Reciprocity.
Status: in_force

An applicant for licensure by reciprocity must possess a current license in a state which has licensing requirements equal to or exceeding the requirements of this subchapter, and there may not be any outstanding or unresolved complaints against the applicant.
24 Del. C. § 123 — Delaware Code / Title 24 / Chapter 1 / Section 123
§ Â
        123. Status of existing public accountants preserved.
Status: in_force

Any person legally authorized to practice as a public accountant in this State as of June 30, 1985, or who had a permit to practice public accountancy on that date shall thereafter possess the same rights and privileges as persons to whom permits to practice public accountancy shall be issued pursuant to § 110 of this title, subject, however, to the power of the Board, as provided in this chapter, to suspend or revoke the permit of such person or censure or reprimand such person for any of the causes set forth in this chapter.
24 Del. C. § 2811 — Delaware Code / Title 24 / Chapter 28 / Section 2811
§ Â
        2811. Council vacancies.
Status: in_force

(a) Where any member of Council is absent from 3 consecutive meetings of the Council without suitable or acceptable reason or becomes incapacitated, the office may be declared vacant by the Council.

(b) When any member of Council resigns, dies, moves that member’s residence from the State or otherwise ceases to be a member, or in the case of an elected member who changes that member’s engineering discipline in the roster if elected to fill a discipline position on the Council, or in the case of an elected member who changes that member’s field of engineering employment if elected to fill a field of engineering employment position on the Council, or in the case of an elected or an appointed member who changes that member’s county of residence if elected to fill a county residency position, the office shall be declared vacant.

(c) A declared vacancy of an appointed Council position shall be filled for the unexpired term by appointment by the Governor of the State of a person meeting the qualifications required to hold that appointed Council seat. A declared vacancy of an appointed Council position may, upon a majority vote of Council, be temporarily filled by the former Council member until a new person meeting the qualifications required to hold that appointed Council seat is appointed by the Governor.

(d) A declared vacancy of an elected Council seat shall be temporarily filled either by the former Council member or by a member meeting the qualifications required to hold that Council seat by virtue of a discipline or employment or county of residence, upon the vote of a majority of the Council, until the next annual election when a member shall be elected to fill any remainder of the unexpired term.
24 Del. C. § 1180 — Delaware Code / Title 24 / Chapter 11 / Subchapter IV / Section 1180
§ Â
        1180. Second or subsequent offenses.
Status: repealed

Whoever is convicted of a second or subsequent offense under § 1172, § 1173 [repealed], § 1177 or § 1179 of this title shall be punished by the maximum fine prescribed in such section or by imprisonment for not less than 10 nor more than 60 days or by both such fine and imprisonment.
24 Del. C. § 1909A — Delaware Code / Title 24 / Chapter 19A / Section 1909A
§ Â
        1909A. 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 and shall have the same force and effect as provisions of this Compact.

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

(c) 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 as follows:

(1) On the website of the Commission.

(2) On the website of each licensing board or the publication in which each state would otherwise publish proposed rules.

(d) The notice of proposed rulemaking shall include 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.

(e) 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.

(f) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.

(g) The Commission shall publish the place, time, and date of the scheduled public hearing.

(1) 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. All hearings will be recorded, and a copy will be made available upon request.

(2) 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.

(h) If no one appears at the public hearing, the Commission may proceed with promulgation of the proposed rule.

(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 administrators, 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) 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 this 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 1 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 party state funds.

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

(l) 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 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. § 3103 — Delaware Code / Title 24 / Chapter 31 / Subchapter I / Section 3103
§ Â
        3103. Organization; meetings; officers; quorum.
Status: in_force

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

(b) The Board shall elect annually a President and Secretary. Each officer shall serve for 1 year, and shall not succeed himself or herself for more than 2 consecutive terms.

(c) A majority of members shall constitute a quorum for the purpose of transacting business; and no disciplinary action shall be taken without the affirmative vote of at least 4 members of the Board.

(d) Minutes of all meetings shall be recorded, and copies shall be maintained by the Division. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
24 Del. C. § 1908A — Delaware Code / Title 24 / Chapter 19A / Section 1908A
§ Â
        1908A. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators.
Status: in_force

(a) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators (“Commission”).

(1) The Commission is an instrumentality of the party states.

(2) Venue is proper, and judicial proceedings by or against the Commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

(3) Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

(b) Membership, voting, and meetings. —

(1) Each party state shall have and be limited to 1 administrator. The head of the state licensing board or designee shall be the administrator of this Compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the party state in which the vacancy exists.

(2) Each administrator shall be entitled to 1 vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator’s participation in meetings by telephone or other means of communication.

(3) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the Commission.

(4) All meetings shall be open to the public and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in § 1909A of this title.

(5) The Commission may convene in a closed, nonpublic meeting if the Commission must discuss any of the following:

a. Noncompliance of a party state with its obligations under this Compact.

b. The employment, compensation, discipline, or other personnel matters, practices, or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures.

c. Current, threatened, or reasonably anticipated litigation.

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

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

f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential.

g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

h. Disclosure of investigatory records compiled for law enforcement purposes.

i. Disclosure of information related to any reports prepared by or on behalf of the Commission for the purpose of investigation of compliance with this Compact.

j. Matters specifically exempted from disclosure by federal or state statute.

(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. 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 therefor, 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 by a majority vote of the Commission or order of a court of competent jurisdiction.

(c) The Commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this Compact, including all of the following:

(1) Establishing the fiscal year of the Commission.

(2) Providing reasonable standards and procedures for the following:

a. The establishment and meetings of other committees.

b. Governing any general or specific delegation of any authority or function of the Commission.

(3) Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed.

(4) Establishing the titles, duties, and authority, and reasonable procedures for the election of the officers of the Commission.

(5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the Commission.

(6) Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of this Compact after the payment or reserving of all of its debts and obligations.

(d) The Commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the Commission.

(e) The Commission shall maintain its financial records in accordance with the bylaws.

(f) The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws.

(g) The Commission shall have the following powers:

(1) To promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all party states.

(2) To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected.

(3) To purchase and maintain insurance and bonds.

(4) To borrow, accept, or contract for services of personnel, including employees of a party state or nonprofit organizations.

(5) To cooperate with other organizations that administer state compacts related to the regulation of nursing, including sharing administrative or staff expenses, office space, or other resources.

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

(7) To accept any and all appropriate donations, grants, and gifts of money, equipment, supplies, materials, and services and to receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest.

(8) To lease, purchase, accept appropriate gifts, or donations of, or otherwise to own, hold, improve, or use any property, whether real, personal, or mixed; provided that at all times the Commission shall avoid any appearance of impropriety.

(9) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, whether real, personal, or mixed.

(10) To establish a budget and make expenditures.

(11) To borrow money.

(12) To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons.

(13) To provide and receive information from, and to cooperate with, law enforcement agencies.

(14) To adopt and use an official seal.

(15) To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of nurse licensure and practice.

(h) 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 also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities, and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule that is binding upon all party states.

(3) 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 party states, except by, and with the authority of, such party state.

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

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

(1) The administrators, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or 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, wilful, or wanton misconduct of that person.

(2) The Commission shall defend any administrator, 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 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 his or her own counsel; and provided further that the actual or alleged act, error, or omission did not result from that person’s intentional, wilful or wanton misconduct.

(3) The Commission shall indemnify and hold harmless any administrator, 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, wilful, or wanton misconduct of that person.
24 Del. C. § 2708 — Delaware Code / Title 24 / Chapter 27 / Subchapter II / Section 2708
§ Â
        2708. Qualifications of applicant; report to Attorney General; judicial review.
Status: repealed

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

(1) a. Applying for licensure as a surveyor intern has satisfied 1 of the following requirements:

1. Is a college senior or a graduate of a surveying program of 4 years or more; or

2. Is a graduate of a 4-year or more program as acceptable to the Board and has had at least 4,000 hours of combined office and field experience in responsible charge of land surveying projects performed under the direct supervision of a professional land surveyor in the active practice of land surveying. The required experience may be achieved concurrently with the education requirement; or

3. Is a graduate of a surveying program of 4,000 hours or more and has had at least 4,000 hours of combined office and field experience in responsible charge of land surveying projects performed under the direct supervision of a professional land surveyor in the active practice of land surveying. The required experience may be achieved concurrently with the education requirement; or

4. Has 11,000 hours of experience under the direct supervision of a professional land surveyor in the active practice of land surveying and has obtained Level IV Survey Technician Certification established by the National Society of Professional Surveyors — American Congress on Surveying and Mapping or similar certification acceptable to the Board.

b. Applying for licensure as a professional land surveyor has served as a surveyor intern with a specific record of 8,000 hours, as said intern, of combined office and field experience in responsible charge of land surveying projects performed under the direct supervision of a professional land surveyor in the active practice of land surveying.

c. When calculating the years of experience for licensure under this chapter, the work performed under the direct supervision of a property line surveyor licensed under the Maryland Code, or by a surveyor licensed under equivalent provisions of other states, shall be considered as equivalent to work performed under the direct supervision of a professional land surveyor in Delaware.

(2) Professional land surveyors shall have achieved the passing score on the written standardized national examination developed by the National Council of Examiners for Engineering and Surveying in the principles of surveying, the fundamentals of surveying, and the written 2-hour examination on drainage and Delaware law.

(3) Shall have paid the appropriate fee or fees as established by the Division of Professional Regulation.

(4) Shall not have been the recipient of any administrative penalties regarding that person’s practice of land surveying, including, but not limited to, fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), or probationary limitations, and/or has not entered into any “consent agreements” that contain conditions placed by a Board 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.

(5) Shall not have any impairment related to drugs and/or alcohol that would limit the applicant’s ability to undertake the practice of land surveying in a manner consistent with the safety of the public.

(6) Does not have a criminal conviction record, nor pending criminal charge for an offense that is substantially related to the practice of land surveying. Applicants who have criminal conviction records or pending criminal charges that are not excluded from consideration under § 8735(x)(4) of Title 29 shall request appropriate authorities to provide information about the record or charge directly to the Board. However, after a hearing or review of documentation and consideration of the factors set forth in § 8735(x)(3) of Title 29, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(6), if it finds that granting the waiver will not create an unreasonable risk to public safety.

a.-d. [Repealed.]

(7) 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 person in any jurisdiction where the applicant has previously been or currently is licensed or registered as a land surveyor.

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

(c) 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 that person 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. The appeal shall be treated as an appeal of an administrative agency decision pursuant to the Administrative Procedures Act, Chapter 101, Title 29.
24 Del. C. § 2803 — Delaware Code / Title 24 / Chapter 28 / Section 2803
§ Â
        2803. Definitions.
Status: in_force

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

(1) “Active roster” shall mean the record of members, associate members, and holders of a certificate of authorization.

(2) “Adjunct member” shall mean an adjunct member of the Association, as defined in § 2806(d) of this title.

(3) “Administrative order” means an order issued by an investigating committee, with the prior approval of the Council pursuant to § 2824(b)(1)g.1. of this title, which attempts to resolve a complaint of a violation under § 2823 of this title. Administrative orders become final 14 days from the day the order is received by the accused but only if there is positive proof of service, such as a signed return receipt or an affidavit of personal service.

(4) “Affiliate member” shall mean an affiliate member of the Association, as defined in § 2806(c) of this title.

(5) “Applicant” shall mean a person who applies to become licensed as a professional engineer, applies to become certified as engineer intern, applies to become an adjunct member of the association, or applies for a certificate of authorization.

(6) “Associate member” shall mean an associate member of the Association, as defined in § 2806(b) of this title.

(7) “Association” shall mean the Delaware Association of Professional Engineers.

(8) “Bylaw” shall mean a bylaw of the Association.

(9) “Certificate of authorization” shall mean an authorization issued by the Council to engage in the practice of engineering.

(10) “Committee” shall mean a committee appointed by the Council.

(11) “Consent order” means a voluntary agreement between parties attempting resolution of a complaint of a violation under § 2823 of this title or a complaint of unlicensed practice under § 2825 of this title. To become a final order, a consent order must be approved by Council pursuant to § 2824(b)(1)g.2. of this title.

(12) “Continuing professional competency” shall mean and refer to compliance with or satisfaction of a published set of guidelines and requirements for the maintenance of professional competency in the practice of engineering.

(13) “Council” shall mean the Council of the Association.

(14) “Engineer” shall mean a person who, by reason of special knowledge and use of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by an engineering education, through graduation with a baccalaureate degree from a Council-approved 4-year educational program in engineering, in engineering technology or in science related to engineering, is qualified to begin the path to licensure.

(15) “Engineering corporations or partnerships” are corporations or partnerships who practice engineering to provide engineering services to the public.

(16) “Engineer intern” shall mean a person certified as an engineer intern by the Council.

(17) “Examination” shall mean any qualifying examination or examinations required by this chapter.

(18) “Hearing committee” means a committee of Council members to which the Council has delegated authority to adjudicate a complaint of a violation under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title.

(19) “Incompetence” shall mean the failure to exercise appropriate professional judgment or the failure to utilize skill to a degree which shows a lack of general competence.

(20) “Investigating committee” means a committee of the Council to which the Council has delegated authority to investigate a complaint of a violation under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title.

(21) “Licensed” means licensure as a professional engineer under this chapter.

(22) “Licensee” shall mean a person licensed as a professional engineer under this chapter.

(23) “Member” shall mean a member of the Association, as defined in § 2806(a) of this title.

(24) “Misconduct” shall mean that conduct which is recognized to be unsafe or improper by the ethical and competent members of the profession. The term also includes general conduct that is dishonorable or unprofessional.

(25) “Negligence” shall mean an act or omission that deviates from accepted standards of practice or standard of care in the engineering community

(26) “Practice of engineering” or “to practice engineering” includes any professional service performed for the general public such as consultation, investigation, evaluation, planning, design, or responsible supervision of construction or operation in connection with any public or private buildings, structures, utilities, machines, equipment, processes, works, or projects wherein the public welfare or the safeguarding of life, health or property is concerned or involved when such professional service requires the application of engineering principles and data, but it does not include the work ordinarily performed by persons who operate or maintain machinery or equipment, neither does it include engineering services performed by an employee of a firm or corporation that does not offer professional engineering services to the general public.

(27) “Professional engineer” shall mean a person who has been duly licensed as a professional engineer by the Council.

(28) “Responsible charge” means a professional engineer’s supervision of, control over, and possession of detailed professional knowledge of an engineering work. A professional engineer is only considered to be in responsible charge of an engineering work if the professional engineer makes independent professional decisions regarding the engineering work without requiring instruction or approval from another authority and maintains control over those decisions by the professional engineer’s physical presence at the location where the engineering work is performed or by electronic communication with the individual executing the engineering work.

(29) “Retired member” shall mean a person who has elected to claim retired status as defined in § 2806(g) of this title.

(30) “Substantially related” shall mean 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 practice of engineering.

(31) “Successor professional engineer” shall mean a “professional engineer,” as defined in this section, who assumes “responsible charge,” as defined in this section, of a project or component of a project and uses or relies upon the work, findings, or recommendations of the professional engineer who previously was in responsible charge and sealed pertinent documents. The successor professional engineer may assume responsible charge of a project or component of a project only when qualified to do so by education or experience in the areas of professional engineering involved. A professional engineer who uses or relies upon work performed by another qualified engineer, associate, consultant, or employee is not a successor professional engineer and may sign and seal the documents for the total project. A professional engineer who uses or relies upon work such as, but not limited to, geotechnical reports, soil investigation reports, legal surveys, and other works that may be sealed by others, in order to assume responsible charge of a project, is not considered a successor engineer. The professional engineer shall not affix their professional engineer’s seal to any document not prepared under their supervisory control and review.
24 Del. C. § 4107 — Delaware Code / Title 24 / Chapter 41 / Subchapter II / Section 4107
§ Â
        4107. License required.
Status: in_force

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

(b) Whenever a license to practice as a home inspector in this State has expired or been suspended or revoked, it shall be unlawful for the person to act as a home inspector in this State.

(c) No person shall act as a home inspector trainee or hold himself or herself out to be a home inspector trainee unless such person has been duly registered by the Board under this chapter.
24 Del. C. § 3708 — Delaware Code / Title 24 / Chapter 37 / Subchapter II / Section 3708
§ Â
        3708. Qualifications of applicant; report to Attorney General; judicial review [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: repealed

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

(1) For licensure as a speech/language pathologist, has current certification of clinical competence issued by the American Speech-Language-Hearing Association (ASHA) or its successors.

a-d. [Repealed.]

(2) For licensure as an audiologist, has current certification of clinical competence issued by ASHA, or its successors, has been issued board certification from the American Board of Audiology, or its successors, or has met the following requirements:

a. Possession of a doctoral degree in audiology from an accredited college or university, except that audiologists licensed in Delaware prior to July 10, 2009, who have maintained Delaware licensure, are exempted from this requirement.

b. Successful completion of a national examination in the area of the applicant’s specialty prepared by a national testing service approved by the Division.

c. [Repealed.]

(3) a. For licensure as a hearing aid dispenser, has met the current standards promulgated by the International Hearing Society or its successor. In addition, the applicant shall do all of the following:

1. Provide verification of a high school diploma or its equivalent.

2. Provide proof of successful completion of a national examination prepared by a national testing service and approved by the Division.

3. Complete 6 months of training prior to taking the examination. The Board in its rules and regulations shall establish the content of the training and the frequency of direct supervision during the training period.

b. Paragraphs (a)(3)a.1. and (a)(3)a.3. of this section shall not apply to applicants who are licensed audiologists.

(4) For licensure as a speech/language pathology assistant, has received a speech/language pathology assistant’s certification (C-SLPA) through ASHA, or its successor, or another organization acceptable to the Board.

(b) All applicants must meet the following conditions:

(1) May not have been the recipient of any administrative penalties regarding the applicant’s practice of speech/language pathology, audiology, or dispensing of hearing aids, including fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, or has not entered into any “consent agreements” which contain conditions placed by a Board on that applicant’s professional conduct and practice, including any voluntary surrender of a license. The Board may determine whether such administrative penalty is grounds to deny licensure.

(2) May not have excessively used or abused drugs or have a finding of mental incompetence by a physician that would limit the applicant’s ability to undertake that applicant’s practice in a manner consistent with the safety of the public.

(3) Does not have a criminal conviction record, nor pending criminal charge relating to an offense that is substantially related to their licensed practice. Applicants who have criminal conviction records or pending criminal charges shall request appropriate authorities to provide information about the conviction or charge directly to the 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 (b)(3). A waiver may not be granted for conviction of a felony sexual offense.

a-d. [Repealed.]

(4) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, has not been convicted of a felony sexual offense.

(5) Shall submit, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following:

a. A report of the applicant’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.

b. A report of the applicant’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 is the intermediary for purposes of this section and the Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers is the screening point for the receipt of said federal criminal history records.

c. An applicant may not be licensed as a speech/language pathologist, speech/language pathology assistant,audiologist, or hearing aid dispenser 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 applicant’s professional practice area may not be licensed by the Board unless a waiver is granted pursuant to paragraph (b)(3) of this section.

(c) 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.

(d) 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 that person 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.

(e) All individuals licensed to practice speech/language pathology, audiology, or hearing aid dispensing in this State are required to be fingerprinted by the State Bureau of Identification, at the licensee’s expense, for the purposes of performing subsequent criminal background checks.
24 Del. C. § 1704 — Delaware Code / Title 24 / Chapter 17 / Subchapter I / Section 1704
§ Â
        1704. State requirement for services of a physician or surgeon.
Status: in_force

If a law, rule, or regulation of this State requires the services or qualifications of a physician or surgeon, the requirement may be met only by a person registered and certified to practice medicine under this chapter.
24 Del. C. § 2501 — Delaware Code / Title 24 / Chapter 25 / Subchapter I / Section 2501
§ Â
        2501. Objectives [Effective until June 30, 2026].
Status: in_force

The primary objective of the Board of Pharmacy is to promote, preserve, and protect the public health, safety, and welfare. In meeting this objective, the Board shall develop and maintain a registry of drug outlets engaged in the manufacture, production, sale, and distribution of drugs, medications, and such other materials as may be used in the diagnosis and prevention of illness and disease and in the treatment of injury, and shall monitor the outlets to insure safe practices. The secondary objective of the Board is to maintain minimum standards of professional competency in the practice of pharmacy.

In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against pharmacists regulated by the Board; shall adjudicate at formal complaint hearings; shall promulgate rules and regulations; and shall impose sanctions, where necessary, against pharmacists. This chapter must be liberally construed to carry out these objectives.
24 Del. C. § 3053 — Delaware Code / Title 24 / Chapter 30 / Subchapter IV / Section 3053
§ Â
        3053. Qualifications of applicant for licensed associate marriage and family therapist.
Status: in_force

(a) An applicant who is applying for licensure as an associate marriage and family therapist under this chapter shall submit a completed application form, pay the required fee, and furnish evidence, verified by oath and satisfactory to the Board that such person has met all the requirements established in this subchapter for licensed marriage and family therapists, except the requirements dealing with required experience.

(b) A plan for professional direct supervision of the associate marriage and family therapist shall be submitted to and approved by the Board prior to the applicant’s acquiring the marriage and family therapy experience necessary for license as a marriage and family therapist.

(c) The associate marriage and family therapist license shall be effective for a period of 2 years. The license may be renewed up to 2 times.

(d) A LAMFT may submit an application for LMFT upon fulfillment of the experience requirements of this subchapter.
24 Del. C. § 3508 — Delaware Code / Title 24 / Chapter 35 / Subchapter II / Section 3508
§ Â
        3508. Qualifications of applicant; report to Attorney General; judicial review.
Status: in_force

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

(1) Received a doctoral degree based on a program of studies which is psychological in content and specifically designed to train and prepare psychologists. The doctoral degree must be from an accredited college or university having a graduate program which states its purpose to be the training and preparation of psychologists. The college or university must be accredited by the United States Department of Education or by an accrediting agency which is recognized by the Council on Postsecondary Accreditation, or its successor. The doctoral degree must be based on a program of studies accredited as a professional psychology program by the American Psychological Association (APA), the Psychological Clinical Science Accreditation System (PCSAS), or an equivalent program approved by the Board. Persons holding degrees from programs outside the United States or its territories must provide evidence of training and degree equivalent to accredited programs. These applicants are responsible for providing the Board with an educational credential evaluation from an agency or institution recognized by the Board for this purpose; and

(2) Successfully completed a predoctoral internship which complies with the Board’s rules and regulations; and

(3) Had, after receiving the doctoral degree, at least 1 year of supervised professional experience in psychological work of a type satisfactory to the Board; and

(4) Achieved the passing score on the written standardized Examination for Professional Practice in Psychology (EPPP) developed by the Association of State and Provincial Psychology Boards (ASPPB), or its successor; and

(5) Subject to the provisions of § 8735(x) of Title 29, has not 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 the applicant in any jurisdiction where the applicant has previously been or currently is licensed or certified as a psychologist.

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

(c) 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. § 1799BB — Delaware Code / Title 24 / Chapter 17 / Subchapter XII / Section 1799BB
§ Â
        1799BB. Grounds for discipline, sanctions, or penalties.
Status: in_force

(a) The following conditions and actions of a polysomnographer may result in disciplinary action as set forth in subsection (b) of this section if, after a hearing, the Board finds that an applicant or polysomnographer:

(1) Has employed or knowingly cooperated in fraud or material deception in order to be licensed: or

(2) Has engaged in illegal, incompetent or negligent conduct in the provision of polysomnography; or

(3) Has, in the practice of the profession, knowingly engaged in an act of consumer fraud or deception; or

(4) Has violated the code of ethics as established by the AASM, BRPT or and other organization approved by the Council; or

(5) Has violated a lawful provision of this subchapter or any lawful rule or regulation established hereunder; or

(6) Has been convicted of a crime substantially related to the practice of polysomnography as determined by the Board in its rules and regulations; or

(7) Has been convicted of a sexual felony offense.

(b) Persons licensed under this subchapter who have been determined to be in violation of this subchapter shall be subject to the following disciplinary actions:

(1) Issuance of a letter of reprimand.

(2) Censure.

(3) Placement on probationary status.

(4) Denial of license.

(5) Suspension of license.

(6) Revocation of license.

(7) Impose a monetary penalty not to exceed $500 for each violation.

(c) As a condition of reinstatement of a suspended license or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this subchapter.
24 Del. C. § 3032 — Delaware Code / Title 24 / Chapter 30 / Subchapter II / Section 3032
§ Â
        3032. Qualifications of applicant.
Status: repealed

(a) An applicant who is applying for licensure under this subchapter shall complete a Board approved application, submit the application fee, and supply evidence verified by oath and satisfactory to the Board that the applicant:

(1) Has received a master’s degree from a regionally accredited institution of higher education with a minimum of 60 graduate semester hours in clinical mental health counseling or received a graduate degree equivalent to clinical mental health counseling from a recognized institution as determined by the Board.

(2) Has acquired the equivalent of 2 years of experience in supervised professional mental health counseling acceptable to the Board. The professional mental health counseling experience must consist of not less than 3,200 hours obtained over a period of not less than 2 years and not more than 4 years, at least 1,600 hours of which shall be supervised clinical experience acceptable to the Board.

(3) Has passed the National Counselor Examination (NCE) or other examination acceptable to the Board.

(4) Has not received any administrative penalties regarding the applicant’s actions as a licensed, registered or certified mental health provider, 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/or has not entered into any “consent agreement” which contains conditions placed by a Board on the applicant’s professional conduct, including any voluntary surrender of a license. The Board, after a hearing, may determine whether such administrative penalty is grounds to deny licensure.

(5) Does not have any impairment related to drugs or alcohol or a finding of mental incompetence by a physician that would limit the applicant’s ability to act as a professional counselor of mental health or associate counselor of mental health in a manner consistent with the safety of the public.

(6) Does not have a criminal conviction nor pending criminal charge relating to an offense that is substantially related to the practice of mental health counseling. Applicants who have a criminal conviction or pending criminal charge shall request appropriate authorities to provide information about the conviction or charge directly to the 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 the granting of 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)(6). No waiver may be granted for a conviction of a felony sexual offense.

a.-e. [Repealed.]

(7) Has not been penalized for any wilful violation of the code of ethics adopted by the Board or the code of ethics of the National Board of Certified Counselors (NBCC) or its successor or other similar professional mental health counseling standard.

(8) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, has not been convicted of a felony sexual offense.

(9) Has submitted, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following:

a. A report of the applicant’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.

b. A report of the applicant’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 Mental Health and Chemical Dependency Professionals shall be the screening point for the receipt of said federal criminal history records.

An applicant may not be licensed as a licensed professional counselor of mental health until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction for an offense that is substantially related to the practice of mental health counseling may not be certified by the Board unless a waiver is granted pursuant to paragraph (a)(6) of this section. The State Bureau of Identification may release any subsequent criminal history to the Board.

(b) If the Board finds that an applicant has been intentionally fraudulent or has intentionally supplied false information, the Board shall report its findings to the Attorney General for further action.

(c) Where an application is refused or rejected and the applicant feels 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.

(d) [Repealed.]
24 Del. C. § 3009A — Delaware Code / Title 24 / Chapter 30A / Section 3009A
§ Â
        3009A. Establishment of Counseling Compact Commission.
Status: in_force

(a) The Compact member states hereby create and establish a joint public agency known as the Counseling Compact Commission:

(1) The Commission is an instrumentality of the Compact states.

(2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

(3) Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

(b) Membership, voting, and meetings. — (1) Each member state shall have and be limited to 1 delegate selected by that member state’s licensing board.

(2) The delegate shall be either:

a. A current member of the licensing board at the time of appointment, who is a licensed professional counselor or public member; or

b. An administrator of the licensing board.

(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

(4) The member state licensing board shall fill any vacancy occurring on the Commission within 60 days.

(5) Each delegate shall be entitled to 1 vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.

(6) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.

(7) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

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

(c) The Commission shall have the following powers and duties:

(1) Establish the fiscal year of the Commission;

(2) Establish bylaws;

(3) Maintain its financial records in accordance with the bylaws;

(4) Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;

(5) Promulgate rules which shall be binding to the extent and in the manner provided for in the Compact;

(6) Bring and prosecute 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) Purchase and maintain insurance and bonds;

(8) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

(9) 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;

(10) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;

(11) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;

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

(13) Establish a budget and make expenditures;

(14) Borrow money;

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

(16) Provide and receive information from, and cooperate with, law-enforcement agencies;

(17) Establish and elect an Executive Committee; and

(18) Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of professional counseling licensure and practice.

(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.

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

a. Seven voting members who are elected by the Commission from the current membership of the Commission; and

b. Up to 4 ex-officio, nonvoting members from 4 recognized national professional counselor organizations.

c. 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 bylaws.

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

(5) The Executive Committee shall have the following duties and responsibilities:

a. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any Commission Compact fee charged to licensees for the privilege to practice;

b. Ensure Compact administration services are appropriately provided, contractual or otherwise;

c. Prepare and recommend the budget;

d. Maintain financial records on behalf of the Commission;

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

f. Establish additional committees as necessary; and

g. Other duties as provided in rules or bylaws.

(e) Meetings of the Commission. — (1) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in § 3011A of this title.

(2) The Commission or the Executive Committee or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or Executive Committee or other committees of the Commission must 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 or other matters related to the Commission’s internal personnel practices and procedures;

c. Current, threatened, or reasonably anticipated litigation;

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

e. Accusing any person of a crime or formally censuring any person;

f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;

g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

h. Disclosure of investigative records compiled for law-enforcement purposes;

i. Disclosure of 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; or

j. Matters specifically exempted from disclosure by federal or member state statute.

(3) If a meeting, or portion of a meeting, is closed pursuant to paragraph (e)(2) of this section, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

(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 by a majority vote of the Commission or order of a court of competent jurisdiction.

(f) 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, donations, and grants of money, equipment, supplies, materials, and services.

(3) The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties 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 shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.

(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 audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

(g) Qualified immunity, defense, and indemnification. — (1) The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or 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 (g)(1) shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or wilful or wanton misconduct of that person.

(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 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 counsel; 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.