24 Del. C. § 3511A — Delaware Code / Title 24 / Chapter 35A / Section 3511A
§ Â
        3511A. Oversight, dispute resolution and enforcement.
Status: in_force

(a) Oversight.

(1) The executive, legislative, and judicial branches of state government in each compact state shall enforce this compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.

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

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

(b) Default, technical assistance, and termination.

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

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

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

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

(3) 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 submitted by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the compact states.

(4) A compact state which has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations which extend beyond the effective date of termination.

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

(6) The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the State of Georgia or the federal district where the Compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

(c) Dispute resolution.

(1) Upon request by a compact state, the Commission shall attempt to resolve disputes related to the Compact which arise among compact states and between Compact and non-compact states.

(2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission.

(d) Enforcement.

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

(2) By majority vote, the Commission may initiate legal action in the United States District Court for the State of Georgia or the federal district where the Compact has its principal offices against a compact state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
24 Del. C. § 3062 — Delaware Code / Title 24 / Chapter 30 / Subchapter V / Section 3062
§ Â
        3062. Qualifications of licensed professional art therapist.
Status: repealed

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 completed 1 of the following:

a. A master’s or doctoral degree in art therapy from an accredited educational institution with a minimum of 60 credit hours of graduate course work in an art therapy program that was either approved by the American Art Therapy Association or accredited by the Commission on Accreditation of Allied Health Education Programs at the time the degree was conferred. For those graduating with a master’s degree prior to January 2013, a master’s degree from an accredited educational institution in an art therapy program that was either approved by the American Art Therapy Association or accredited by the Commission on Accreditation of Allied Health Education Programs at the time the degree was conferred is required.

b. A graduate degree in an allied field from an accredited educational institution and graduate-level work which is the equivalent to a master’s degree in art therapy, as determined by the Board.

(2) Following the completion of the master’s degree, has successfully completed not less than 2 years of supervised experience. The experience must consist of not less than 3,200 hours obtained over a period of not more than 4 consecutive years.

(3) Has passed the board examination of the Art Therapy Credentials Board (ATCB).

(4) Has not done any of the following:

a. Been the recipient of any administrative penalties regarding the applicant’s actions as an art therapist, including, fines; formal reprimands; license suspensions or revocations, except for license revocations for nonpayment of license renewal fees; or probationary limitations. The Board, after a hearing may determine whether such administrative penalty is grounds to deny a license.

b. Entered into any “consent agreements” which contain conditions placed by a board on the applicant’s professional conduct, including any voluntary surrender of a license.

(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 licensed art therapist in a manner consistent with the safety of the public.

(6) Does not have a criminal conviction record, or pending criminal charge, relating to an offense that is substantially related to the practice of art therapy. 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 (6). A waiver may not be granted for a conviction of a felony sex offense.

a.-e. [Repealed.]

(7) Has not been penalized for any wilful violation of the code of ethics adopted by the Board or a code of ethics of a recognized professional art therapist organization.

(8) Meets all requirements as may be required by the Board in its rules and regulations.

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

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

1. 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.

2. A report of the applicant’s entire federal criminal history record under 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 paragraph and the Board of Mental Health and Chemical Dependency Professionals is the screening point for the receipt of the federal criminal history records.

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

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

d. If an application has been refused or rejected and the 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. § 4001 — Delaware Code / Title 24 / Chapter 40 / Subchapter I / Section 4001
§ Â
        4001. Objectives.
Status: in_force

(a) The primary objective of the Council on Real Estate Appraisers, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.

(b) The secondary objectives of the Council are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Council shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Council; shall adjudicate at informal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensed practitioners.
24 Del. C. § 2110 — Delaware Code / Title 24 / Chapter 21 / Section 2110
§ Â
        2110. Internship requirements; temporary licenses.
Status: in_force

Every applicant, except those applicants who qualify for licensure by reciprocity, shall be required to complete a Board-approved 6-month internship in optometry. The internship shall be completed after the applicant has passed all parts of the national, written, standardized examination in optometry, which is approved by the Division, including the examination on the treatment and management of ocular disease (TMOD), approved by the Division.

The Board may grant temporary licenses to any candidate successfully passing the written examinations. The temporary license shall be issued only for the duration of the internship.
24 Del. C. § 1176 — Delaware Code / Title 24 / Chapter 11 / Subchapter IV / Section 1176
§ Â
        1176. Certain specific offenses; penalty.
Status: repealed

Repealed by 77 Del. Laws, c. 463, § 46, effective July 30, 2010.
24 Del. C. § 5318 — Delaware Code / Title 24 / Chapter 53 / Subchapter II / Section 5318
§ Â
        5318. Practice of massage and bodywork on minors.
Status: in_force

(a) A parent or legal guardian shall be present when a person licensed or certified to practice massage and bodywork under this chapter provides services to a minor, regardless of the sex of the licensed or certified person and minor. The minor may decline the presence of a parent or legal guardian only with the written consent of the parent or legal guardian. The licensed or certified person shall confirm the identity of the parent or legal guardian, as provided in the Board’s rules and regulations.

(b) When a minor is to receive services, the person licensed or certified to practice massage and bodywork under this chapter shall provide notice to the parent or legal guardian of the rights under subsection (a) of this section. The notice shall be provided in written form and shall be posted conspicuously in the location where services will be provided. The specific requirements for notice shall be set forth in the Board’s rules and regulations.

(c) For the purposes of this section, “minor” is defined as a person less than 18 years of age.
24 Del. C. § 305 — Delaware Code / Title 24 / Chapter 3 / Section 305
§ Â
        305. Officers; conduct of business.
Status: in_force

(a) In the same month of each year, the members shall elect, from among their number, a president and a secretary. A member may serve as an officer of the Board for not more than 2 consecutive years.

(b) The Board shall hold a regularly scheduled business meeting at least once in each quarter of a calendar year and at such other times as the president may deem necessary, or at the request of a majority of Board members. A majority of members shall constitute a quorum; and no action shall be taken without the affirmative vote of at least 5 members. Any member who fails to attend 3 consecutive meetings, or who fails to attend at least 1/2 of all regular business meetings during any calendar year, shall automatically, upon such occurrence, be deemed to have resigned from office and a replacement shall be appointed.

(c) Minutes of all meetings shall be recorded, and copies of the minutes shall be maintained by the Division of Professional Regulation. At any hearing in which 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.

(d) The Division of Professional Regulation shall annually compute the average expenses incurred in duplicating the following materials: The meeting schedule for the Board, notice of next business meeting and the minutes of Board meetings. Upon initial registration and each registration renewal, each registered architect shall receive a list of materials available from the Division, and the price charged to receive each for 1 year. Each item shall be offered to the registered architect and to members of the public at a cost set by the Division of Professional Regulation.
24 Del. C. § 3713A — Delaware Code / Title 24 / Chapter 37A / Section 3713A
§ Â
        3713A. Date of implementation of the Interstate Commission for Audiology and Speech-Language Pathology Practice and associated rules, withdrawal, and amendment.
Status: in_force

(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.

(b) Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

(c) Any member state may withdraw from this Compact by enacting a statute repealing the same.

(1) A member state’s withdrawal shall not take effect until 6 months after enactment of the repealing statute.

(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.

(d) Nothing contained in this Compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.

(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
24 Del. C. § Â§ 1209 — Delaware Code / Title 24 / Chapter 12 / Subchapter I / Section Â§ 1209
§ Â
        Â 1209. Identification cards [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

(a) The Professional Licensing Section shall issue identification cards to all persons licensed under this chapter.

(b) Any person operating a security alarm business shall provide the Professional Licensing Section with the name, address, Social Security number and 1 set of classifiable fingerprints recorded in the manner required by the Professional Licensing Section for each employee hired, except persons subject to subsection (g) of this section.

(c) No individual shall function as an employee of a security alarm business or perform the duties described in subsection (d) of this section without first obtaining the identification card required by this section.

(d) Officers, compliance agents, employees, and licensees of all security alarm businesses shall obtain an identification card if they are directly engaged in selling, installing, altering, servicing, moving, maintaining, repairing, replacing, monitoring, or responding to or causing others to respond to security alarm systems within this State.

(e) An identification card must be carried by any cardholder at all times such individual is engaged in the security alarm business and must be exhibited upon request.

(f) No identification card issued pursuant to this chapter shall be transferable.

(g) Officers, compliance agents, employees, and licensees who do not perform functions at an end-user’s premises are not subject to the requirements of subsections (a) through (f) of this section if their duties are limited to selling security alarm systems at a retail store location, online, or by telephone.
24 Del. C. § 4404 — Delaware Code / Title 24 / Chapter 44 / Subchapter I / Section 4404
§ Â
        4404. Division responsibilities; register of licensed installers; Board records; administrative support.
Status: in_force

(a) The Division of Professional Regulation shall keep a register of all approved manufactured home installer licensure applications.

(b) The Division shall maintain complete records relating to meetings of the Manufactured Home Installation Board including, but not limited to: minutes, examinations, rosters, changes and additions to the Board’s rules and regulations, complaints, hearing records, and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.

(c) The Division shall provide administrative support necessary for the Board to carry out its duties under this chapter.
24 Del. C. § 1421 — Delaware Code / Title 24 / Chapter 14 / Subchapter III / Section 1421
§ Â
        1421. Electrical Inspection Agencies.
Status: in_force

(a) All agencies, who intend to conduct electrical inspections in this State, shall apply for a license as an approved electrical inspection agency, complete a Board-approved application and submit to the Board proof of the following:

(1) Name or names, address or addresses, and telephone number or numbers for all office facilities located in this State, at least 1 office of which shall service all 3 counties;

(2) For all electrical inspectors employed by the inspection agency, proof of at least 7 years of experience in residential, commercial or industrial wiring;

(3) The passing grade obtained by each inspector on the following examinations, administered by a nationally recognized testing agency and approved by the Division: Electrical 1- and 2-family dwelling; electrical general, administered within 18 months of employment as an inspector; and electrical plan review, administered within 24 months of such employment.

(b) The Board may grant conditional approval of the inspection agency, not to exceed 6 months, after reviewing the credentials of the agency, evidence of general liability insurance and errors and omission insurance, as required by the Board’s rules and regulations, and payment of the fee established by the Division. No electrical inspection agency shall conduct any electrical inspection in this State until it has at least 1 full-time, nationally-certified inspector on its payroll, who will conduct electrical inspections in this State.

(c) The Board may deny an application for licensure as an inspection agency; such denial shall be in writing and state the reason or reasons for such denial; and shall be provided by the Board to the inspection agency within 10 days of the decision. The inspection agency may appeal all denials of licensure to the Superior Court.

(d) After the Board has granted a conditional approval for the inspection agency and such approval has been in effect for at least 3 months, the Board may grant a license to the inspection agency, upon submission of certified proof of the following:

(1) All employees, officers or stockholders of the inspection agency shall not have any proprietary or pecuniary interest in any electrical contracting business located in this State;

(2) All employees, officers or stockholders of the inspection agency shall not have any proprietary or pecuniary interest in any manufacturer or seller of electrical appliances, machinery, wiring, electrical hardware or other electrical apparatus.

(3) All employees, officers or stockholders of the inspection agency shall not have any proprietary or pecuniary interest in any electric utility or company, municipal electrical department or other utility or company, which supplies electrical energy for industrial, residential or commercial use.

(e) All licensed electrical inspection agencies in this State shall file, and keep up to date, with the Board and keep open to public inspection at all times during normal business hours, and in each office, the addresses and telephone numbers of all offices, time of regular business hours for all offices, and a schedule with all rates and charges for services rendered by the agency.

(f) All licensed electrical inspection agencies in this State shall make inspections within 5 days of receipt of an application for inspection and shall issue a certificate of approval within 15 days after final inspection. All applications for inspection must be filed by a state-licensed electrician or by a person or persons specifically excepted by this chapter.

(g) All violations noted during an inspection shall be corrected within 15 days and reinspected by the same inspection agency. If not corrected, the inspection agency shall notify the utility concerned and the Board of such violations. The utility shall not provide service to the premises until the violation is corrected.

(h) All records of the licensed electrical inspection agencies shall be available for examination by the Division’s investigators; the agency shall inform the Division of the location of all records.

(i) All licensed electrical inspection agencies in this State shall carry general liability insurance and errors and omission insurance of at least $1,000,000 each for claims of property damage or personal injury arising from faulty electrical work approved by the agency, or any of its employees, or other acts or omissions performed by the agency or any of its employees.

(j) All employees of all licensed electrical inspection agencies in this State shall be remunerated on a salary basis only and shall not be given commissions or other bonus incentives for volume of work performed.

(k) Each license shall be renewed annually upon payment of the appropriate fee, in such a manner as is determined by the Division.

(l) The Board may impose any of the sanctions available under § 1414 of this title on an electrical inspection agency if the agency is determined to be guilty of:

(1) Fraud or deceit in obtaining a license;

(2) An act of consumer fraud or deception of the public;

(3) Negligence, incompetency or misconduct in providing electrical inspection services; or

(4) Violation of any lawful provision of this chapter or any lawful rule or regulation established thereunder.
24 Del. C. § 5406 — Delaware Code / Title 24 / Chapter 54 / Section 5406
§ Â
        5406. Record of registration; issuance or denial; renewal.
Status: in_force

(a) Except as otherwise provided in subsection (b) of this section, the Secretary shall grant a record of registration to an applicant for registration who complies with § 5405(a) of this title.

(b) The Secretary may refuse to grant a record of registration to an applicant for registration under § 5405(a) of this title if the Secretary determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant’s fitness to act as an athlete agent. In making the determination, the Secretary may consider whether the applicant has done any of the following:

(1) Pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would be a felony if committed in this State.

(2) Made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent.

(3) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity.

(4) Engaged in conduct prohibited by § 5413 of this title.

(5) Had a registration as an athlete agent suspended, revoked, or denied in any state.

(6) Been refused renewal of registration as an athlete agent in any state.

(7) Engaged in conduct resulting in imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student athlete or a sanction on an educational institution.

(8) Engaged in conduct that adversely reflects on the applicant’s credibility, honesty, or integrity.

(c) In making a determination under subsection (b) of this section, the Secretary shall consider all of the following:

(1) How recently the conduct occurred.

(2) The nature of the conduct and the context in which it occurred.

(3) Other relevant conduct of the applicant.

(d) An athlete agent registered under subsection (a) of this section may apply to renew the registration by submitting an application for renewal in a form prescribed by the Secretary. The applicant shall sign the application for renewal under penalty of perjury and include current information on all matters required in an original application for registration or verify there is no material change in the information.

(e) An athlete agent registered under § 5405(c) of this title may renew the registration by proceeding under subsection (d) of this section or, if the registration in the other state has been renewed, by submitting to the Secretary an application for renewal in a form prescribed by the Secretary and the renewed registration from the other state. The Secretary shall renew the registration if the Secretary determines all of the following:

(1) The registration requirements of the other state are substantially similar to or more restrictive than this chapter.

(2) The renewed registration has not been suspended or revoked and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.

(f) A record of registration or renewal of a record of registration under this chapter is valid for not more than 2 years. The biennial registration period begins July 1 of each odd-numbered year and ends June 30 of the next odd-numbered year.
24 Del. C. § 1773 — Delaware Code / Title 24 / Chapter 17 / Subchapter VI / Section 1773
§ Â
        1773. Regulation of physician assistants.
Status: in_force

(a) The Council shall adopt rules and regulations which address the following:

(1) The licensing of physician assistants to allow:

a. The practice of medicine within the education, training, and experience of physician assistants; and

b. The performance of medical services customary to the practice of the collaborating physician;

(2) Medical acts provided by physician assistants to include all of the following:

a. The performance of complete patient histories and physical examinations.

b. The recording of patient progress notes in an in-patient or out-patient setting.

c. The ordering, relaying, transcribing, or executing of specific diagnostic or therapeutic orders or procedures.

d. Medical acts of diagnosis and prescription of therapeutic drugs and treatments; and referral of patients to specialists as needed.

e. Prescriptive authority for therapeutic drugs and treatments within the scope of physician assistant practice. The physician assistant’s prescriptive authority and authority to practice as a physician assistant are subject to biennial renewal upon application to the Physician Assistant Regulatory Council.

f. The use of telemedicine as defined in this chapter and, as further described in regulation, the use of and participation in telehealth.

g. Pronouncing death and completing and signing a medical certification of death.

(b) (1) The Board, in conjunction with the Regulatory Council for Physician Assistants, shall suspend, revoke, or restrict the license of a physician assistant or take disciplinary action or other action against a physician assistant for engaging in unprofessional conduct as defined in § 1731(b) of this title; or for the inability to render medical acts with reasonable skill or safety to patients because of the physician assistant’s physical, mental, or emotional illness or incompetence, including but not limited to: deterioration through the aging process, or loss of motor skills, or excessive use of drugs, including alcohol; or for representing oneself as a physician, or for knowingly allowing oneself to be represented as a physician; for failing to report in writing to the Board within 30 days of becoming aware of any physician, physician assistant, or healthcare provider who the licensee reasonably believes has engaged in unprofessional conduct as defined in § 1731(b) of this title or is unable to act with reasonable skill or safety to patients because of the physician’s, physician assistant’s, or other healthcare provider’s physical, mental, or emotional illness or incompetence, including but not limited to deterioration through the aging process, or loss of motor skills, or excessive use of drugs, including alcohol for failing to report child abuse and neglect as required by § 903 of Title 16. The license of any physician assistant who is convicted of a felony sexual offense shall be revoked. Disciplinary action or other action undertaken against a physician assistant must be in accordance with the procedures, including appeal procedures, applicable to disciplinary actions against physicians pursuant to subchapter IV of this chapter, except that a hearing panel for a complaint against a physician assistant consists of 3 unbiased members of the Regulatory Council, the 3 members being 2 physician assistant members and 1 physician or pharmacist member if practicable.

A person reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.

(2) a. If the Board or the Regulatory Council for Physician Assistants receives a formal or informal complaint concerning the activity of a physician assistant and the Regulatory Council members reasonably believe that the activity presents a clear and immediate danger to the public health, the Regulatory Council may issue an order temporarily suspending the physician assistant’s license to practice pending a hearing upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Council Chair or the Chair’s designee. An order temporarily suspending a license to practice may not be issued by the Council unless the physician assistant or the physician assistant’s attorney received at least 24 hours’ written or oral notice prior to the temporary suspension so that the physician assistant or the physician assistant’s attorney can be heard in opposition to the proposed suspension. 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 physician assistant requests a continuance of the hearing date. If the physician assistant requests a continuance, the order of temporary suspension remains in effect until the hearing panel convenes and a decision is rendered.

b. A physician assistant whose license to practice 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 physician assistant or sent by certified mail, return receipt requested, to the physician assistant’s last known address.

c. A physician assistant whose license to practice has been temporarily suspended pursuant to this section may request an expedited hearing. The Council shall schedule the hearing on an expedited basis, provided that the Council receives the request within 5 calendar days from the date on which the physician assistant received notification of the decision of the Council, with the approval of the Board, to temporarily suspend the physician assistant’s license to practice.

d. As soon as possible after the issuance of an order temporarily suspending a physician assistant’s license to practice pending a hearing, the Executive Director shall appoint a 3-member hearing panel. After notice to the physician assistant 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 physician assistant requests in a timely manner an expedited hearing, the hearing panel shall convene within 15 days of the receipt of the request by the Council. The 3-member panel shall proceed to a hearing 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 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 physician assistant 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.

(c) The Board or the Regulatory Council for Physician Assistants may not impose any sanction pursuant to subsection (b) of this section for the performance, recommendation, or provision of any healthcare service that is lawful in this State even if such performance, recommendation, or provision is for a person who resides in a state where such performance, recommendation, or provision is illegal or considered to be unprofessional conduct or the unauthorized practice of a physician assistant.

(d) A nonhuman entity, including an agent powered by artificial intelligence, may not be licensed as a physician assistant in this State. A nonhuman entity, including an agent powered by artificial intelligence, may not use the title physician assistant or the abbreviation “PA.”
24 Del. C. § 3917 — Delaware Code / Title 24 / Chapter 39 / Section 3917
§ Â
        3917. Hearing procedures.
Status: repealed

(a) If a complaint is filed with the Board under § 8735 of Title 29 alleging violation of § 3915 of this title, the Board shall set a time and place to conduct a hearing on the complaint. The Board shall provide notice of the hearing and conduct the hearing in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) [Repealed.]

(c) A licensee may appeal the Board’s decision to the Superior Court within 30 days of the date that notice of the Board’s decision is mailed. Upon such appeal, the Court shall hear the evidence on the record. The Court may grant a stay in accordance with § 10144 of Title 29.
24 Del. C. § 503 — Delaware Code / Title 24 / Chapter 5 / Subchapter I / Section 503
§ Â
        503. Board of Podiatry; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.
Status: in_force

(a) There is created a State Board of Podiatry that shall administer and enforce this chapter.

(b) The Board shall consist of 5 members, appointed by the Governor, who are residents of this State: 3 shall be podiatrists licensed under this chapter and 2 shall be public members. The public members shall not be, nor ever have been, podiatrists, nor members of the immediate family of a podiatrist; shall not have been employed by a podiatrist or a company engaged in the practice of podiatry; shall not have a material interest in the providing of goods and services to podiatrists; nor have been engaged in an activity directly related to podiatry. The public members shall be accessible to inquiries, comments and suggestions from the general public.

(c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may serve 1 additional term in succession. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless or until replaced by the Governor. Persons who are members of the Board on July 20, 1999, shall complete their terms.

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

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

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

(g) No member of the Board, while serving on the Board, shall hold elective office in any professional association of podiatrists; this includes a prohibition against serving as head of the professional association’s Political Action Committee (PAC).

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

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

(j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition, shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9.
24 Del. C. § 2714 — Delaware Code / Title 24 / Chapter 27 / Subchapter II / Section 2714
§ Â
        2714. Disciplinary sanctions.
Status: in_force

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 or more of the conditions or violations set forth in § 2712 of this chapter 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 $5,000 for each violation.

(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies that 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) 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 chapter.
24 Del. C. § 2830 — Delaware Code / Title 24 / Chapter 28 / Section 2830
§ Â
        2830. Dating, signing and sealing.
Status: repealed

(a) All final drawings, specifications and documents involving the practice of engineering as defined in this chapter when issued or filed for public record shall be dated and bear the signature and seal of the licensee or licensees who prepared or approved them.

(b) If original tracings are sealed or stamped, the date of sealing or stamping must appear under the signature.

(c) [Repealed.]
24 Del. C. § 3303B — Delaware Code / Title 24 / Chapter 33 / Subchapter I / Section 3303B
§ Â
        3303B. Exemptions.
Status: in_force

This chapter may not be construed to prohibit any of the following:

(1) An employee of the federal, state, or local government performing official duties.

(2) A person who is a regular student in a veterinary school or veterinary technician program performing duties or actions assigned by instructors, or working under the direct supervision of a licensed veterinarian during the school vacation period.

(3) A person advising with respect to or performing acts which the Board rule has or has not prescribed as accepted livestock management practices.

(4) A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this State.

(5) Any merchant or manufacturer selling at the merchant’s or manufacturer’s regular place of business medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases.

(6) The owner of an animal and the owner’s employee caring for and treating the animal belonging to the owner, except where the ownership of the animal was transferred for purposes of circumventing this chapter.

(7) A member of the faculty of a veterinary school performing regular functions, or a person lecturing or giving instructions or demonstrations at a veterinary school or in connection with a continuing education course or seminar.

(8) Any person selling or applying any pesticide, insecticide, or herbicide.

(9) Any person engaging in bona fide scientific research which reasonably requires experimentation involving animals.

(10) Any person from performing support activities under the supervision, as determined by regulations adopted by the Board, of a Delaware-licensed veterinarian. The support activities must not include diagnosing, prognosing, prescribing, inducing anesthesia, performing surgery, or other support activities as defined in regulations adopted by the Board.

(11) A licensed veterinary technician from performing support activities under the supervision, as determined by regulations adopted by the Board, of a Delaware-licensed veterinarian. The support activities must not include diagnosing, prognosing, prescribing, performing surgery, or other support activities as defined in regulations adopted by the Board.

(12) a. A veterinarian or a veterinary technician who is licensed in another state, and who is in good standing in the other state, providing services during an emergency or natural disaster within the scope and location of assigned veterinary medical duties of the response efforts if all of the following apply:

1. An official declaration of the disaster or emergency has been made by the governor or the delegated state official.

2. An official invitation has been extended to the veterinarian or veterinary technician for a specified time by the authority that has jurisdiction for coordinating the animal or agricultural issues in this State during emergencies.

b. A person practicing as a veterinarian or veterinary technician in this State under this paragraph (12) is subject to the personal and subject matter jurisdiction and disciplinary and regulatory authority of the Board. The person shall comply with applicable provisions of the laws, rules, and regulations of the Board.
24 Del. C. § 2532 — Delaware Code / Title 24 / Chapter 25 / Subchapter IV / Section 2532
§ Â
        2532. Pharmacy records [Effective until June 30, 2026].
Status: in_force

(a) A suitable book or file in which the original of every prescription compounded or dispensed at the pharmacy must be preserved for a period of not less than 3 years. The book or file of original prescriptions must at all times be open to inspection by authorized agents of the Board.

(b) Upon request by a person for such person’s pharmacy records, a pharmacy shall provide such records, in hard copy paper form (unless such person agrees to another form), as soon as is reasonably possible, but by no later than 15 business days after such person has made the request to the pharmacy, unless an emergency or a medical condition dictates that such records should be produced immediately. Nothing herein shall be construed as limiting or lessening the pharmacy’s obligations to maintain confidentiality of such records and the pharmacy shall follow such pharmacy’s standard procedures to ensure maintenance of confidentiality of such records.
24 Del. C. § 3806 — Delaware Code / Title 24 / Chapter 38 / Section 3806
§ Â
        3806. Qualifications of applicants.
Status: repealed

(a) An applicant who is applying for licensure under this chapter shall have the following qualifications:

(1) For applicants who graduated before January 1, 2024, a minimum of a baccalaureate degree from a United States (U.S.) regionally accredited college or university. —

Applicants who have obtained their education outside the U.S. and its territories must have their academic degree or degrees validated as equivalent to the baccalaureate or master’s degree conferred by a regionally accredited college or university in the U.S.

(2) For applicants who graduated on or after January 1, 2024, a minimum of a master’s degree from a United States (U.S.) regionally accredited college or university. —

Applicants who have obtained their education outside the U.S. and its territories must have their academic degree or degrees validated as equivalent to the master’s degree conferred by a regionally accredited college or university in the U.S.

(3) A major course of study in human nutrition, nutrition education, food and nutrition, dietetics, or food systems management.

(4) Submitted proof to the Board of the completion of a supervised practice in dietetics/nutrition which consists of a documented supervised practice experience component in dietetics practice, of not less than 900 hours under the supervision of a registered dietitian, a state’s licensed healthcare practitioner or an individual with a doctoral degree conferred by a U.S. regionally accredited college or university with a major course study in human nutrition, nutrition education, food and nutrition, dietetics, or food systems management. Supervised practice experience must be completed in the U.S. or its territories. Supervisors who obtained their doctoral degree outside the U.S. and its territories must have their degree validated as equivalent to the doctoral degree conferred by a U.S. regionally accredited college or university.

(5) Appear at a time and place designated by the Board and submit to examination as to the person’s qualification for registration as a L.D.N.

(b) Persons who provide evidence of current registration as a registered dietitian awarded by the Commission on Dietetic Registration, credentialing agency of the American Dietetic Association shall be considered to have met the qualifications for licensure under this chapter in lieu of subsection (a) of this section.

(c) The Board may refuse or reject an applicant if, after hearing, the Board finds that the applicant meets any of the following conditions or actions:

(1) Those specified in § 3811(a)(1)-(5) of this title.

(2) Has been convicted of a crime that is substantially related to the provision of dietetic and nutrition therapy. 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 (c)(2).

a.-d. [Repealed.]

(3) Has been the recipient of any administrative penalties from any other jurisdiction or jurisdictions regarding the applicant’s practice of dietetic and nutrition therapy, 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 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 in lieu of discipline. The Board may determine, after a hearing, whether such administrative penalty is grounds to deny licensure.

(d) 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.

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

(f) [Repealed.]
24 Del. C. § 4024 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4024
§ Â
        4024. Registration form for appraisal management companies.
Status: in_force

(a) An applicant for initial and renewal registration as an appraisal management company shall submit to the Council an application on a form prescribed by the Council.

(b) An initial registration granted by the Council pursuant to this chapter is valid for 1 year. Registration renewals are renewed annually.
24 Del. C. § 1137 — Delaware Code / Title 24 / Chapter 11 / Subchapter III / Section 1137
§ Â
        1137. Prescription requirements.
Status: in_force

(a) No written prescription shall be prescribed if it does not contain the following information clearly written, clearly hand printed, electronically printed, or typed:

(1) The name, address and phone number of the prescriber;

(2) The name and strength of the drug prescribed;

(3) The quantity of the drug prescribed;

(4) The directions for use of the drug;

(5) Date of issue.

(b) Notwithstanding any other provision of this section or any other law to the contrary, no person licensed under this chapter shall issue any prescription unless such prescription is made by electronic prescription from the person issuing the prescription to a pharmacy in accordance with regulations established by the Board, except for prescriptions issued:

(1) By a veterinarian.

(2) In circumstances where electronic prescribing is not available due to temporary technological or electrical failure, as set forth in regulation established by the Board.

(3) By a practitioner to be dispensed by a pharmacy located outside the State, as set forth in regulations established by the Board.

(4) When the prescriber and dispenser are the same entity.

(5) That include elements that are not supported by the most recently implemented version of the National Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard.

(6) By a practitioner for a drug that the Federal Food and Drug Administration requires the prescription to contain certain elements that are not able to be prescribed with electronic prescribing.

(7) By a practitioner allowing for the dispensing of a nonpatient specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management or comprehensive medication management, in response to a public health emergency, or other circumstances where the practitioner may issue a nonpatient specific prescription.

(8) By a practitioner prescribing a drug under a research protocol.

(9) By practitioners who have received a waiver or a renewal thereof for a specified period determined by the Board, not to exceed 1 year, from the requirement to use electronic prescribing, pursuant to regulations established by the Board, due to economic hardship, technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstance demonstrated by the practitioner.

(10) By a practitioner under circumstances where, notwithstanding the practitioner’s present ability to make an electronic prescription as required by this subsection, such practitioner reasonably determines that it would be impractical for the patient to obtain substances prescribed by electronic prescription in a timely manner, and such delay would adversely impact the patient’s medical condition.

(c) A pharmacist who receives a written, oral or faxed prescription is not required to verify that the prescription properly falls under 1 of the exceptions under subsection (b) of this section, from the requirement to electronically prescribe. Pharmacists may continue to dispense medications from otherwise valid written, oral or fax prescriptions that are otherwise legal.
24 Del. C. § 1502 — Delaware Code / Title 24 / Chapter 15 / Section 1502
§ Â
        1502. Safekeeping  of valuables.
Status: in_force

Whenever the proprietor of any hotel, inn or boardinghouse provides a good, sufficient and secure safe or vault in the office or other convenient place in such hotel, inn or boardinghouse for the safe keeping of any money, goods, jewelry and valuables belonging to the guests and boarders of such hotel, inn or boardinghouse, and notifies the guests and boarders thereof, by placing in every lodging room and other conspicuous places printed cards or notices stating the fact that such safe or vault is provided in which such goods, jewelry and valuables may be deposited and that the proprietor or proprietors thereof will not be responsible for such money, goods, jewelry and valuables unless deposited in such safe or vault, and if such guest or boarder neglects to deposit such money, goods, jewelry or valuables in such safe or vault, the proprietor shall not be liable for any loss of such money, goods, jewelry or valuables sustained by such guest, by theft or otherwise.
24 Del. C. § 4019 — Delaware Code / Title 24 / Chapter 40 / Subchapter III / Section 4019
§ Â
        4019. Exception.
Status: in_force

(a) This chapter shall not apply to any Delaware licensed real estate salesperson or broker, who prepares a competitive market analysis survey used only for the purpose of listing a property for sale or lease, nor to any individual, who prepares real estate appraisals for the licensee’s full-time employer for the employer’s internal use only, and which is performed in the regular course of employee’s position.

(b) Nothing in this chapter shall require a geologist licensed under Chapter 36 of this title to meet the requirements for either certification or licensure, provided that the geologist’s written estimate of value is not the sole determinant of a property’s value and that any such estimate of value is not used as an appraisal in federally-related transactions.

(c) Nothing in the chapter shall require an auctioneer to meet the requirement for either certification or licensure under this chapter, provided that the auctioneer provides only a verbal estimate of sale and not a written appraisal of the value of any real property.

(d) This chapter shall not invalidate nor shall it apply to real estate tax assessments or reassessments done for municipal or county governments where such appraisals are done by full-time municipal or county government employees acting in the regular course of business.

(e) The Council on Real Estate Appraisers shall develop standards in cooperation with the Delaware Association of Counties and the Executive Director of the League of Local Governments or his or her designee for licensing and training of assessors in order for municipal and county assessment departments to be in compliance within 3 years of the development and adoption of said standards.
24 Del. C. § 2816 — Delaware Code / Title 24 / Chapter 28 / Section 2816
§ Â
        2816. Code of ethics.
Status: in_force

(a) The Council shall prepare and publish a code of ethics designed for the protection of the public.

(b) All applicants, members, associate members, affiliate members, adjunct members, and holders of a certificate of authorization must subscribe to and follow this code of ethics in the practice of professional engineering, or in seeking to register as a professional engineer or seeking certification as an engineer intern.

(c) The Code of Ethics is available on the Delaware Association of Professional Engineers’ website.
24 Del. C. § 4038 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4038
§ Â
        4038. Effective date.
Status: in_force

All appraisal management companies operating in this State as of July 1, 2013, must become registered on or before July 1, 2014.
24 Del. C. § 3612 — Delaware Code / Title 24 / Chapter 36 / Subchapter II / Section 3612
§ Â
        3612. Grounds for discipline.
Status: in_force

(a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 3614 of this title, if, after a hearing, the Board finds that the geologist:

(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a geologist; has impersonated another person holding a license, or allowed another person to use that practitioner’s license, or aided or abetted a person not licensed as a geologist to represent himself or herself as a geologist;

(2) Has illegally, incompetently or negligently practiced geology;

(3) Has been convicted of a crime that is substantially related to the practice of geology;

(4) A copy of the record of conviction certified by the Clerk of the Court entering the conviction shall be conclusive evidence therefor;

(5) Has excessively used or abused drugs either in the past 2 years or currently; excessive use or abuse of drugs shall mean any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs the practitioner’s ability to perform the work of a geologist;

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

(7) Has violated a lawful provision of this chapter, or any lawful regulation established thereunder;

(8) Has had that practitioner’s license as a geologist suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided however, that the underlying grounds for such 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 authority in the other jurisdiction constitute one or more of the acts defined in this chapter. Every person licensed as a geologist in this State shall be deemed to have given consent to the release of this information by the Board of Geologists or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;

(9) Has failed to notify the Board that the practitioner’s license as a geologist in another state has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof; or

(10) Has a physical condition such that the performance of geology is or may be injurious or prejudicial to the public.

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

(c) Subject to this chapter and subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no practitioner’s right to practice geology shall be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].
24 Del. C. § 4037 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4037
§ Â
        4037. Rule-making authority.
Status: in_force

The Council shall adopt rules that are reasonably necessary to implement, administer and enforce this subchapter.
24 Del. C. § 4421 — Delaware Code / Title 24 / Chapter 44 / Subchapter III / Section 4421
§ Â
        4421. Manufactured home installations.
Status: in_force

(a) Every manufactured home installed in Delaware must be installed by a manufactured home installer licensed by the Board pursuant to this chapter.

(b) All manufactured home installations shall performed in a manner consistent with the regulations of the United States Department of Housing and Urban Development and shall be completed:

(1) Pursuant to the requirements of the manufactured home manufacturer’s written installation instructions or manual; or

(2) If the manufacturer’s written installation instructions or manual is not available, then pursuant to the applicable provisions of NCSBCS/ANSI 225.1, 1994, as amended; or

(3) If the manufacturer’s written installation instructions or manual is not available, and the provisions of NCSBCS/ANSI 225.1, 1994, as amended do not apply to the specific manufactured home, then pursuant to a set of plans designed for that specific manufactured home under the seal of a registered professional engineer.

(c) At the discretion of the county where the manufactured home is sited, and for a period not to exceed 6 months, limited exceptions to the above installation requirements may be permitted where installation of a manufactured home is made on a temporary basis, as emergency relief to a resident whose legal dwelling has been damaged or destroyed by fire or other natural disaster until said damage can be repaired or the dwelling replaced with a legal dwelling, or for a temporary installation where a manufactured home is being replaced with anther legal dwelling.

(d) All manufactured home installations shall be inspected pursuant to this chapter, by an employee or contractor of an authorized inspection agency who has been certified by the Board as a manufactured home installation inspector.

(e) This section is intended to establish minimal standards for the installation of any manufactured home within the State of Delaware and to govern the installation of both previously owned manufactured homes and new manufactured homes. These standards are intended to satisfy the standards established by the federal Manufactured Housing Improvement Act of 2000 [P.L. 106-569, Title VI], and shall be liberally construed to that end.
24 Del. C. § 1932 — Delaware Code / Title 24 / Chapter 19 / Section 1932
§ Â
        1932. Limited lay administration of medications.
Status: in_force

(a) Individuals who have successfully completed a board-approved limited lay administration of medications training program may administer prescription or nonprescription medications to patients/residents/clients in the following settings:

(1) Residential child care facilities and day treatment programs regulated by the State under Title 31.

(2) All residential or day services for persons with intellectual disabilities regulated by the State under Chapter 79 of Title 29 and Chapter 11 of Title 16.

(3) Group homes for persons with psychiatric disabilities regulated by the State under Chapter 11 of Title 16 and other community support programs certified by the Division of Substance Abuse and Mental Health.

(4) Assisted living facilities regulated by the State under Chapter 11 of Title 16.

(5) Group homes established for persons with AIDS regulated by the State under Chapter 11 of Title 16.

(b) Medications must be in the original container and properly labeled.

(c) An annual report to the Board of Nursing, on a form developed by the Board of Nursing, must be submitted no later than August 1 of each year indicating compliance with the guidelines as set forth in the approved LLAM training program.
24 Del. C. § 2105 — Delaware Code / Title 24 / Chapter 21 / Section 2105
§ Â
        2105. Fees.
Status: in_force

The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its 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 calendar year, the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute for each separate service or activity, the appropriate Boards fees for the coming year.
24 Del. C. § 2510 — Delaware Code / Title 24 / Chapter 25 / Subchapter II / Section 2510
§ Â
        2510. Reciprocity [Effective until June 30, 2026].
Status: in_force

(a) The Board shall grant a license to practice pharmacy to a reciprocal applicant who pays the appropriate fee, submits a completed application on forms provided by the Board and which completed application is accepted by the Board, and who otherwise qualifies pursuant to subsection (b) of this section and sends proof to the Board that:

(1) The reciprocal applicant’s current licensure is in good standing in another state, the District of Columbia, or a territory of the United States;

(2) The reciprocal applicant passed the NAPLEX and MPJE or a comparable alternative national examination adopted by the Board for this State; and

(3) The reciprocal applicant passed the examination of the Foreign Pharmacy Graduate Examination Committee (FPGEC) of the National Association of Boards of Pharmacy Foundation (NABP), if the applicant is a graduate of a foreign school of pharmacy.

(b) The provisions of § 2508(c), (d), (e), and (f) of this title apply to reciprocal applicants. If a disciplinary proceeding or unresolved complaint is pending against a reciprocal applicant, the reciprocal applicant may not be licensed in this State until the proceeding or complaint has been resolved to the satisfaction of the Board. A reciprocal applicant for licensure in this State is deemed to have given consent to the release of information regarding disciplinary proceedings and unresolved complaints and to have waived all objections to the admissibility of the information as evidence at any hearing or other proceeding to which the reciprocal applicant may be subjected.

(c) A reciprocal applicant is not required to obtain practical experience pursuant to § 2508(b) of this title.
24 Del. C. § 2900 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2900
§ Â
        2900. Objectives.
Status: in_force

(a) The primary objective of the Delaware Real Estate Commission, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.

(b) The secondary objectives of the Commission are to maintain minimum standards of licensee competency and to maintain certain standards in the delivery of services to the public.

(c) In meeting its objectives, the Commission shall develop standards assuring professional competence; shall monitor complaints brought against licensees regulated by the Commission; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensees and nonlicensees engaged in the practice of providing real estate services.
24 Del. C. § 1807 — Delaware Code / Title 24 / Chapter 18 / Subchapter II / Section 1807
§ Â
        1807. License required; exemptions.
Status: in_force

(a) A person shall not provide plumbing services in this State nor hold oneself out to the public as being a licensed master plumber, nor use “licensed plumber,” “master plumber,” or “licensed master plumber” in connection with that person’s name, nor otherwise assume or use any title or description conveying or tending to convey the impression that the person is qualified to provide plumbing services, unless the person has been licensed as a master plumber under this chapter, or exempted from the provisions of this chapter pursuant to subsection (c) of this section.

(b) If the license of a master plumber has expired or been suspended or revoked, it is unlawful for the holder of the expired, suspended, or revoked license to perform plumbing services in this State.

(c) An individual may provide plumbing services without being licensed under this chapter if:

(1) The individual is an apprentice, journeyman, mechanic, or other person providing such services under the supervision of a master plumber who is the individual’s employer or who is employed full time by the same business entity as the individual;

(2) The individual is a homeowner who is performing plumbing services other than gas piping in or about that individual’s own home that is not for sale or any part for rent or lease, provided that the individual has filed an application for a permit with the authorized inspection authority;

(3) The individual is providing such services on property used exclusively for agricultural purposes and the individual has filed an application for a permit with the authorized inspection authority; or

(4) The individual is providing such services pursuant to the provisions in § 1832 of this title.

(5) The individual is providing services authorized under subchapter III of this chapter.

(d) The penalty for a violation of this section is, for a first offense, a fine of not less than $1,500 nor more than $3,000, and, for a second or subsequent offense, a fine of not less than $3,000 nor more than $6,000. Justice of the Peace Courts shall have jurisdiction over violations of this section.
24 Del. C. § 1740 — Delaware Code / Title 24 / Chapter 17 / Subchapter IV / Section 1740
§ Â
        1740. Health care facilities reporting requirements.
Status: in_force

(a) Definitions. — (1) “Direct access” means the opportunity to have personal contact with persons receiving care during the course of one’s assigned or professional duties.

(2) “Health care facility” means any custodial or residential facility or other facility where health, nutritional or personal care is provided for persons including nursing homes, assisted living facilities, long-term care facilities, hospitals, health care agencies, birth centers, emergency centers, surgical centers, and adult and child day care facilities. This term also includes any business, professional association, or other business entity where 2 or more physicians practice together.

(3) “Person seeking certification” means any person seeking an initial certificate to practice medicine from the Board of Medical Licensure and Discipline.

(b) Service letter. — (1) The Board of Medical Licensure and Discipline shall not issue a certificate to practice medicine without first obtaining 1 or more service letters regarding the applicant, provided that person has previously practiced medicine. The service letter obtained must include a service letter from all health care facilities where that person currently has direct access to patients, and where that person has admitting or staff privileges. In addition, if a person seeking certification had direct access to patients or staff or admitting privileges at a health care facility within the past 3 years, the Board of Medical Licensure and Discipline shall also obtain a service letter from each such facility. If a person seeking certification has not previously had direct access to patients or was self-employed or 1 or more of the health-care facilities where that person had direct access to patients no longer exists, then the Board must require the person to provide letters of reference from 2 physicians who are familiar with the person, but who are not relatives of the person.

(2) For purposes of this subsection, the required service letter shall be in a form provided by the Board of Medical Licensure and Discipline. Notwithstanding any law or provision to the contrary, the form shall be signed by a responsible physician at the current or previous health care facility and shall contain information about the scope of that persons practice and relationship to the facility, the duration of that relationship, and any reasonably substantiated incidents involving violence, threat of violence, abuse, or neglect by the person seeking certification toward any other person, including any disciplinary action taken as a result of such conduct.

(3) Any health care facility that is required to provide a service letter for the purpose stated above shall obtain a statement signed by the person seeking certification wherein the person authorizes a full release permitting the Board of Medical Licensure and Discipline to obtain any and all information pertaining to the facts of the person’s current or previous relationship with the facility.

(4) In addition to the requirements of § 1720 of this title, the Board shall obtain a statement signed by the person seeking certification wherein the person attests that the information provided regarding current and past relationships to health care facilities represent a full and complete disclosure of the person’s current and previous contacts with health care facilities. Any person seeking certification who fails to make a full and complete disclosure of such information shall be subject to a civil penalty of $5,000. Any person who wilfully fails to make a full and complete disclosure shall not be issued a certificate to practice medicine.

(5) Any health care facility receiving the Board’s written request for a service letter shall provide the service letter within 10 business days from the day the request is received. Any health care facility that fails to make a full and complete disclosure of information, pursuant to this section and § 1730(b)(1)c. of this title, as required, shall be subject to a civil penalty of $10,000 for each such violation.

(6) Any health care facility providing information about a person seeking licensure as required by this section shall be immune from claims, suits, liability, damages, or any other recourse, civil or criminal, so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.

(7) The requirements of this section shall be in addition to any requirements of § 708 of Title 19.

(8) The Division of Professional Regulation shall investigate and seek civil penalties against persons seeking certification and health care facilities that violate the provision of this section.

(9) Notwithstanding the foregoing, the Board may issue a certificate to practice medicine to an applicant who was employed out of State or country within the past 5 years, where completed service letters have not been received from all health care facilities, provided all other requirements of this chapter are met and provided requests were made to such facilities and the Board determines that all possible efforts were made to obtain the required service letter. Applicants to which this paragraph applies shall obtain letters of reference from 2 qualified physicians who are familiar with the person, who are not relatives of the person.
24 Del. C. § 1228 — Delaware Code / Title 24 / Chapter 12 / Subchapter II / Section 1228
§ Â
        1228. Penalties [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

A security alarm system user in violation of § 1227 of this title shall be subject to a civil penalty as follows:

(1) Fourth false alarm: $50 civil penalty;

(2) Fifth false alarm: $75 civil penalty;

(3) Sixth false alarm: $100 civil penalty;

(4) Seventh and any false alarm thereafter within a calendar year: $250 civil penalty for each offense.
24 Del. C. § 1303 — Delaware Code / Title 24 / Chapter 13 / Section 1303
§ Â
        1303. Board of Examiners of Private Investigative, Private Security and Armored Car Agencies; composition, qualifications, terms, vacancies; suspension or removal; compensation.
Status: in_force

(a) The Delaware Board of Examiners of Private Investigative, Private Security and Armored Car Agencies shall administer and enforce this chapter.

(b) The Board is composed of the following members:

(1) The Superintendent;

(2) The Attorney General;

(3) Three members of the public who are residents of the State;

(4) Two members who are:

a. Licensed under this chapter;

b. Engaged for a period of 3 consecutive years as the owner or operator of a private investigative agency;

(5) Two members who are (i) licensed under this chapter; (ii) engaged for a period of 3 consecutive years as the owner or operator of a private security agency; or the owner or operator of an armored car agency.

(c) No person shall be eligible for appointment as a public member if the person or his or her spouse:

(1) Holds a license issued by a professional regulatory agency in the field of private security;

(2) Serves as an employee or within a management role at a business entity or other organization related to the field of private security, private investigative, or armored car agency;

(3) Holds a financial interest in a business entity or other organization related to the field of private security, private investigative, or armored car agency.

(d) No member of the Board may be an officer, employee or paid consultant of a trade association in the private security, private investigative or armored car industry. For the purpose of this section, “trade association” shall mean a nonprofit, cooperative, voluntarily joined association of business or professional competitors that is designed to assist its members and its industry or profession in dealing with mutual or professional problems in promoting their common interests.

(e) The Governor may suspend or remove a public member of the Board for failure to hold or maintain qualifications for appointment; failure to attend at least half of the regularly scheduled meetings held within a calendar year; and any misfeasance, nonfeasance, malfeasance, misconduct, incompetency or neglect of duty.

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

(g) Members serving by virtue of position may appoint a designee to serve in their stead and at their pleasure. All other members shall be appointed by the Governor for terms up to 3 years in order to continue a staggered basis so that no more than 3 members’ terms shall expire in a year.

(h) Members not serving by virtue of position shall receive compensation at the rate of $50 per meeting attended; provided, however, no member shall receive compensation for the year in excess of $1500.
24 Del. C. § 3711A — Delaware Code / Title 24 / Chapter 37A / Section 3711A
§ Â
        3711A. Rulemaking.
Status: in_force

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

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

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

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

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

(2) On the website of each member state audiology or speech-language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

(e) The notice of proposed rulemaking shall include:

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

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

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

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

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

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

(1) At least 25 persons;

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

(3) An association having at least 25 members.

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

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

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

(3) All hearings shall be recorded. A copy of the recording shall be made available to any person upon on request and at the requesting person’s expense.

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

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

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

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

(l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an “emergency rule” is 1 that must be adopted immediately in order to:

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

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

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

(m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision shall 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. § 1734 — Delaware Code / Title 24 / Chapter 17 / Subchapter IV / Section 1734
§ Â
        1734. Hearings.
Status: repealed

(a) [Repealed.]

(b) Open hearings. — A hearing on a complaint conducted by a hearing panel or examiner is open to the public, except the Board may conduct executive session for deliberations and purposes permitted by § 10004 of Title 29. A formal hearing on a complaint before the Board is open to the public in accordance with the provisions of § 10004 of Title 29.

(c)-(h) [Repealed.]

(i) Hearings shall be conducted pursuant to the Administrative Procedures Act [Chapter 101 of Title 29]. Upon receiving a decision and order the Executive Director shall file the required disciplinary action reports to data banks.
24 Del. C. § 2106 — Delaware Code / Title 24 / Chapter 21 / Section 2106
§ Â
        2106. License required.
Status: in_force

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

(b) Whenever a license to practice as an optometrist in this State has expired or been suspended or revoked, it shall be unlawful for the person to practice optometry in this State.
24 Del. C. § 3109 — Delaware Code / Title 24 / Chapter 31 / Subchapter II / Section 3109
§ Â
        3109. Reciprocity.
Status: in_force

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

(1) The applicant’s license is in “good standing” as defined in § 3107(a)(5) through (7) of this title.

(2) The applicant has achieved a passing score on the exam required by § 3107(a)(3) of this title.

(b) An applicant who is licensed in a state whose standards are not substantially similar to those of this State shall have practiced for at least 3 of the past 5 years in another jurisdiction, provided that the applicant meets all other qualifications for reciprocity in this section.

(c) An applicant from a state that separately licenses funeral directors and embalmers must have both licenses to qualify for licensure under subsection (b) of this section.

(d) It shall be the responsibility of the applicant to provide verification of all information required by § 3107 of this title.
24 Del. C. § 3916D — Delaware Code / Title 24 / Chapter 39D / Section 3916D
§ Â
        3916D. Consistent effect and conflict with other state laws.
Status: in_force

(a) A licensee providing services in a remote state under a Multistate Authorization to Practice shall adhere to the laws and regulations, including laws, regulations, and applicable standards, of the remote state where the client is located at the time care is rendered.

(b) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the Compact.

(c) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the Compact are superseded to the extent of the conflict.

(d) All permissible agreements between the Commission and the member states are binding in accordance with their terms.
24 Del. C. § 1602 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1602
§ Â
        1602. Definitions.
Status: repealed

As used in this chapter:

(1) “Adult” shall mean a person who has attained the age of 18.

(2) “Adult entertainment establishment” shall mean any commercial establishment, business or service, or portion thereof, which offers sexually-oriented material, devices, paraphernalia or specific sexual activities, services, performances or any combination thereof, or in any other form, whether printed, filmed, recorded or live. The term “adult entertainment establishment” shall include but not be limited to such activities as:

a. “Adult book stores” which shall mean any corporation, partnership or business of any kind which has as part of its stock books, magazines or other periodicals and which offers, sells, provides or rents for a fee:

1. Any sexually-oriented material, and which business restricts or purports to restrict admission to adults, within the meaning of this chapter, or to any class of adults;

2. Any sexually-oriented material which is available for viewing by patrons on the premises by means of the operation of movie machines or slide projectors; or

3. Any sexually-oriented material which has a substantial portion of its contents devoted to the pictorial depiction of sadism, masochism or bestiality.

4. [Repealed.]

b. “Adult motion picture theatres” which shall mean an enclosed building used for presenting film presentations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities for observation by patrons therein;

c. “Adult shows” or “adult peep shows” which shall include all adult shows, exhibitions, performances or presentations which contain acts or depictions of specific sexual activities;

d. “Conversation parlors,” “relaxation studios,” “health salons” or “call services” which shall mean any commercial business, enterprise or service which offers or which holds itself out as offering conversations or relaxation or any other services whereby any employee, attendant or patron is involved in specific sexual activities or representations thereof.

e. [Repealed.]

(3) “Adult-oriented retail establishment” shall mean any commercial establishment, business or service, or portion thereof, which offers as a substantial portion of their business sexually-oriented material, devices, or paraphernalia, but does not allow on-site displays of sexually-oriented materials or sexual activities.

(4) “Applicant” shall mean the person in whose name or on whose behalf a license under this chapter is requested.

(5) “Beastiality” shall mean sexual activity, actual or simulated, between a human being and an animal.

(6) “Commission” shall mean the Commission on Adult Entertainment Establishments.

(7) “Conviction” means a verdict of guilty by the trier of fact, whether judge or jury, or a plea of guilty or a plea of nolo contendere accepted by the court.

(8) “Licensee” shall mean the person to whom and in whose name a license is issued under this chapter.

(9) “Masochism” shall mean sexual gratification achieved by a person through, or the association of sexual activity with, submission or subjection to physical pain, suffering, humiliation, torture or death.

(10), (11) [Repealed.]

(12) “Partner” shall include both a general and a limited partner.

(13) “Partnership” shall include both a general and a limited partnership.

(14) “Peace officer” shall include police officers, the Attorney General and the Attorney General’s deputies and assistants.

(15) “Person” means a human being who has been born and is alive, and, where appropriate, a public or private corporation, an unincorporated association, a government or a governmental instrumentality.

(16) “Principal stockholder” shall mean a person who owns equity securities of the licensee, whether voting or nonvoting, preferred or common, in any amount equal to or greater than 10 percent of the total amount of equity securities of the licensee issued and outstanding.

(17) “Sadism” shall mean sexual gratification achieved through, or the association of sexual activity with, the infliction of physical pain, suffering, humiliation, torture or death upon another person or animal.

(18) “Sexually-oriented material” shall mean any book, article, magazine, publication or written matter of any kind, drawing, etching, painting, photograph, motion picture film or sound recording, which depicts sexual activity, actual or simulated, involving human beings or human beings and animals, or which exhibits uncovered human genitals or pubic region in a lewd or lascivious manner or which exhibits human male genitals in a discernibly turgid state, even if completely covered.

(19) “Specific sexual activities” shall be defined as including the following sexual activities and/or the exhibition of the following anatomical areas:

a. Human genitals in the state of sexual stimulation or arousal; or

b. Acts of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio or any excretory function, or representation thereof;

c. The fondling or erotic touching of human genitals, pubic region, buttocks or the female breasts; or

d. Less than completely opaquely covered:

1. Human genitals, pubic region;

2. Buttocks;

3. Female breasts below the top of the areola; or

4. Human male genitals in a discernable turgid state, even if completely and opaquely covered.

(20) [Repealed.]
24 Del. C. § 1308 — Delaware Code / Title 24 / Chapter 13 / Section 1308
§ Â
        1308. Emergency suspension.
Status: in_force

(a) The Director may, without notice or hearing, issue a suspension of a license or registration upon a finding that an emergency exists that requires immediate action to protect the health and safety of the public. Such suspension shall be effective immediately.

(b) Any person whose license has been suspended on an emergency basis, upon application to the Board, shall be afford a hearing within 30 days, but not more than 90 days. Upon the conclusion of the hearing, the suspension shall be continued, modified or revoked within 30 days of the hearing.
24 Del. C. § 2606 — Delaware Code / Title 24 / Chapter 26 / Section 2606
§ Â
        2606. Qualifications of applicant; foreign-trained applicants; 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) Has graduated from a school offering a program in physical therapy, physical therapy assistant or athletic training, which program as offered by such school has been approved for the educational preparation of physical therapists, physical therapist assistants or athletic trainers by the appropriate accrediting agency recognized by the Council on Post Secondary Accreditation or the United States Commission of Education, or any successor, at the time of graduation; provided however, that those applicants for licensure as athletic trainers who apply or who have applied for and been granted a license prior to July 1, 2004, may be licensed if they have been granted a degree from a college or university, successfully completed the internship process through the National Athletic Trainers Association Board of Certification (NATA BOC) and have been approved by NATA BOC to take the national examination; and

(2) Has passed, to the satisfaction of the Board, a national examination designated by the Board, to determine the applicant’s fitness to practice physical therapy, to act as a physical therapist assistant or to act as an athletic trainer as herein provided; and

(3) Meets additional educational requirements set forth in the Board’s rules and regulations; and

(4) Shall not have been the recipient of any administrative penalties from any other jurisdiction or jurisdictions regarding the applicant’s practice of physical therapy or athletic training, 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 agreements” which contain conditions placed by a board on the applicant’s professional conduct and practice, including any voluntary surrender of a license in lieu of discipline. The Board may determine, after a hearing, whether such administrative penalty is grounds to deny licensure; and

(5) Shall not have any impairment related to drugs, alcohol or a finding of mental incompetence by a physician that would limit the applicant’s ability to undertake the practice of physical therapy or athletic training in a manner consistent with the safety of a patient or the public; and

(6) Does not have a criminal conviction record, nor pending criminal charge relating to an offense that is substantially related to the practice of physical therapy or athletic training. Applicants who have criminal conviction records or pending criminal charges for an offense that is substantially related to the practice of physical therapy or athletic training and is not excluded from consideration under § 8735(x)(4) of Title 29 shall require appropriate authorities to provide information about the record or charge directly to the Board. However, after a hearing or review of documentation and a 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 a wavier would not create an unreasonable risk to public safety; and

a.-d. [Repealed.]

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

(8) 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 shall be the intermediary for purposes of this section and the Board of Physical Therapists and Athletic Trainers shall be the screening point for the receipt of said federal criminal history records.

c. An applicant may not be certified to physical therapy or athletic training until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction for a crime that is substantially related to the practice of physical therapy or athletic training may not be certified by the Board unless a waiver is granted pursuant to paragraph (a)(6) of this section; and

(9) Shall have no disciplinary proceedings or unresolved complaints pending against that person in any jurisdiction where the applicant previously has been or currently is licensed to practice physical therapy or athletic training.

(10), (11) [Repealed.]

(b) A physical therapist applicant whose application is based on a diploma issued by a foreign physical therapy school shall furnish evidence satisfactory to the Board of the completion of a physical therapy school or schools’ resident course of professional instruction equivalent to that required in subsection (a) of this section, in addition to meeting all other requirements of this section and § 2608 of this title.

(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 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 physical therapy or athletic training 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.

(f) [Repealed.]
24 Del. C. § 3504A — Delaware Code / Title 24 / Chapter 35A / Section 3504A
§ Â
        3504A. Compact temporary authorization to practice.
Status: in_force

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

(b) To exercise the temporary authorization to practice 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) No history of adverse action that violate the rules of the Commission.

(5) No criminal record history that violates the rules of the Commission.

(6) Possess a current, active IPC.

(7) Provide attestations in regard to areas of intended practice and work experience 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) A psychologist practicing into a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state.

(d) A psychologist practicing into a distant state under the temporary authorization to practice will be subject to the distant state’s authority and law. A distant state may, in accordance with that state’s due process law, limit or revoke a psychologist’s temporary authorization to practice in the distant state and may take any other necessary actions under the distant state’s applicable law to protect the health and safety of the distant state’s citizens. If a distant 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 temporary authorization to practice in any distant state, is restricted, suspended, or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.
24 Del. C. § 1788 — Delaware Code / Title 24 / Chapter 17 / Subchapter VIII / Section 1788
§ Â
        1788. Counseling to affected persons.
Status: in_force

The Division of Prevention and Behavioral Health Services, Department of Services for Children, Youth and Their Families, shall offer counseling and support to any minor who is pregnant and is considering filing or has filed an application under this subchapter, if the minor requests such services. Notwithstanding any contrary statute, no notification of the request for or provision of such services to the minor shall be provided to any person, nor shall the consent of any person thereto be required.
24 Del. C. § 3113 — Delaware Code / Title 24 / Chapter 31 / Subchapter II / Section 3113
§ Â
        3113. Complaints.
Status: in_force

(a) 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.

(b) When it is determined that an individual is engaging or has engaged in the practice of funeral services, or is using the title “funeral director” and is not licensed under the laws of this State, the Board shall apply to the Attorney General to issue a cease and desist order, after formally warning the unlicensed practitioner in accordance with this chapter.

(c) Any complaints involving allegations of unprofessional conduct or incompetence shall be investigated by the Division.
24 Del. C. § 1711A — Delaware Code / Title 24 / Chapter 17A / Section 1711A
§ Â
        1711A. Interstate Medical Licensure Compact Commission.
Status: in_force

(a) The member states hereby create the “Interstate Medical Licensure Compact Commission.”

(b) The purpose of the Interstate Commission is the administration of the Interstate Medical Licensure Compact, which is a discretionary state function.

(c) The Interstate Commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth in the Compact, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the Compact.

(d) The Interstate Commission shall consist of 2 voting representatives appointed by each member state who shall serve as Commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint 1 representative from each member board. A Commissioner shall be any of the following:

(1) An allopathic or osteopathic physician appointed to a member board.

(2) An executive director, executive secretary, or similar executive of a member board.

(3) A member of the public appointed to a member board.

(e) The Interstate Commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address such matters as may properly come before the Commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.

(f) The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.

(g) Each Commissioner participating at a meeting of the Interstate Commission is entitled to 1 vote. A majority of Commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. A Commission shall not delegate a vote to another Commissioner. In the absence of its Commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of subsection (d) of this section.

(h) The Interstate Commission shall provide public notice of all meetings and all meetings shall be open to the public. The Interstate Commission may close a meeting, in full or in portion, where it determines by a 2/3 vote of the Commissioners present that an open meeting would be likely to:

(1) Relate solely to the internal personnel practice and procedures of the Interstate Commission.

(2) Discuss matters specifically exempted from disclosure by federal statute.

(3) Discuss trade secrets, commercial, or financial information that is privileged or confidential.

(4) Involve accusing a person of a crime, or formally censuring a person.

(5) Discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

(6) Discuss investigative records compiled for law-enforcement purposes.

(7) Specifically relate to the participation in a civil action or other legal proceeding.

(i) The Interstate Commission shall keep minutes which shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including record of any roll call votes.

(j) The Interstate Commission shall make its information and official records, to the extent not otherwise designated in the Compact or by its rules, available to the public for inspection.

(k) The Interstate Commission shall establish an executive committee, which shall include officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. When acting on behalf of the Interstate Commission, the executive committee shall oversee the administration of the Compact including enforcement and compliance with the provisions of the Compact, its bylaws and rules, and other such duties as necessary.

(l) The Interstate Commission shall establish other committees for governance and administration of the Compact.
24 Del. C. § 3121 — Delaware Code / Title 24 / Chapter 31 / Subchapter III / Section 3121
§ Â
        3121. Cremation or natural organic reduction [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

(a) If not previously identified, human remains may not be cremated or subjected to natural organic reduction until they have been identified by either the next-of-kin, the person authorized to make funeral arrangements, or the medical examiner. This subsection does not apply to disposition of human remains by any school of anatomy, medicine, or dentistry.

(b) A natural organic reduction facility may not admit human remains under the following circumstances:

(1) The human remains contain radioactive implants.

(2) The human remains are those of an individual who died as the result of a radiological incident or accident.

(3) The remains are those of an individual who had or is suspected of having 1 or more of the following conditions:

a. Prion disease infection.

b. Mycobacterium tuberculosis infection.

c. Ebola virus disease infection.

d. Any viral or other public health risk the Division of Public Health determines may not be eliminated in the process of natural organic reduction.

(c) Human remains designated for cremation must be transported to a crematory using a rigid, leak-resistant container which meets all of the following criteria:

(1) Is made of readily combustible material.

(2) Is of sufficient strength and rigidity for ease of handling.

(3) Complies with all local, state, and federal governmental emissions regulations.

(4) Is not composed of metal or polyethylene.

(5) Maintains a secure closure for the respectful conveyance of the decedent.

(d) Human remains designated for natural organic reduction must be transported to a natural organic reduction facility using a leak-resistant container that maintains a secure closure for the respectful conveyance of the decedent.

(e) A person who knowingly engages a Delaware-licensed funeral establishment to arrange for the cremation or natural organic reduction of the deceased human remains shall also be responsible, following cremation or natural organic reduction, for the identification and arrangement of the final disposition of the human remains, in accordance with all applicable laws and regulations. Failure to do so within 60 days of the date of death is grounds for the funeral establishment of record to submit notification to the Attorney General that the cremated remains or remains following natural organic reduction have been abandoned.

(f) Cremated remains which have been unclaimed or abandoned for a period of more than 12 months from the date of death may be disposed of in a cemetery of the funeral establishment’s choice, in a manner so as to permit the return of the cremated remains to the appropriate authorized individual at a future date. All expenses surrounding the disposition and subsequent retrieval of the cremated remains shall be at the sole expense of the authorizing party. A record of the disposition of the cremated remains must be maintained by the funeral establishment of record.

(g) Human remains following natural organic reduction which have been unclaimed or abandoned for a period of more than 2 months from the date of completion of the natural organic reduction process may be disposed of in a cemetery or other natural, protected area under the ownership or control of the funeral establishment, in accordance with all applicable laws and regulations. All expenses surrounding the disposition and disposal of the remains following the natural organic reduction process are at the sole expense of the authorizing party.
24 Del. C. § 1820 — Delaware Code / Title 24 / Chapter 18 / Subchapter III / Section 1820
§ Â
        1820. License required; exemptions.
Status: in_force

(a) A person shall not provide HVACR or HVACR restricted services in this State nor hold oneself out to the public as being a master HVACR licensee or master HVACR restricted licensee, nor use “master HVACR licensee”, “master HVACR restricted licensee” in connection with that person’s name nor otherwise assume or use any title or description conveying or tending to convey the impression that that person is qualified to provide HVACR or HVACR restricted services, unless that person has been licensed as a master HVACR licensee or a master HVACR restricted licensee under this chapter or exempted from the provisions of this chapter pursuant to subsection (c) of this section.

(b) If the license of a master HVACR licensee or master HVACR restricted licensee has expired or been suspended or revoked, it is unlawful for the holder of the expired, suspended, or revoked license to act as a master HVACR licensee, or master HVACR restricted licensee in this State.

(c) An individual may provide HVACR or HVACR restricted services without being licensed under this chapter if:

(1) The individual is an apprentice, journeyman, mechanic or other person providing such services under the supervision of a master HVACR licensee or master HVACR restricted licensee, who is the individual’s employer or who is employed full time by the same business entity as the individual;

(2) The individual is a homeowner who is performing HVACR services other than gas piping in or about that individual’s own home that is not for sale or any part for rent or lease;

(3) The individual is providing such services on property used exclusively for agricultural purposes and the individual has filed an application for a permit with the authorized inspection authority;

(4) The individual is providing such services pursuant to the provisions in § 1831 of this title.

(d) The penalty for a violation of this section is, for a first offense, a fine of not less than $1,500 nor more than $3,000, and, for a second or subsequent offense, a fine of not less than $3,000 nor more than $6,000. Justice of the Peace Courts have jurisdiction over violations of this section.
24 Del. C. § 3715A — Delaware Code / Title 24 / Chapter 37A / Section 3715A
§ Â
        3715A. Binding effect of Compact and other laws.
Status: in_force

(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.

(b) All laws in a member state in conflict with the Compact are superseded to the extent of the conflict.

(c) All lawful actions of the Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.

(d) All agreements between the Commission and the member states are binding in accordance with their terms.

(e) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
24 Del. C. § 3107 — Delaware Code / Title 24 / Chapter 31 / Subchapter II / Section 3107
§ Â
        3107. Qualifications of applicants for licensure; judicial review; report to Attorney General.
Status: repealed

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

(1) Has graduated from an accredited high school, or its equivalent, and has received an Associate Degree or its equivalent in mortuary science, consisting of 60 credit hours, from a school fully accredited by the American Board of Funeral Services Education, or its successor.

(2) Has achieved the passing score, as established by an independent testing service, on the written, standardized examination on funeral services recognized by the Conference of Funeral Service Examining Boards, or its successor.

(3) Has achieved the passing score, as established by an independent testing service, on a written, validated examination based solely on the laws of Delaware governing the profession of funeral services. In conjunction with the independent testing service, said examination shall be administered by the Division, which shall have sole authority to contract for the validated examination.

(4) Has satisfactorily completed an internship in this state of 1 year’s duration, under the auspices of a licensed Delaware funeral director. An applicant is responsible for arranging the internship. If, after contacting 20 firms, the applicant is unable to obtain an internship within 6 months, the applicant shall so stipulate in an affidavit presented to the Board. The Board shall determine whether the applicant has pursued a position as intern to the applicant’s fullest capability. The Board shall have 6 months from the date it receives the affidavit to place the applicant in an internship. If no position has been made available, the applicant shall be issued a license upon satisfaction of all other requirements for licensure.

(5) Shall not have been the recipient of any administrative penalties regarding the applicant’s practice of funeral services, including fines, formal reprimands, license suspensions or revocation other than for nonpayment of license renewal fees, and probationary limitations; and shall not have 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.

(6) Shall 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 undertake the practice of funeral services in a manner consistent with the safety of the public.

(7) Shall not have a criminal conviction record, nor pending criminal charge relating to an offense that is substantially related to the practice of funeral services. 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. If after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(7).

a.-d. [Repealed.]

(8) Has provided such information as may be required on an application form designed and furnished by the Board and approved by the Division. No application form shall require a picture of the applicant, except where required for verification of identity for testing purposes; information relating to citizenship, place of birth, or length of state residence; or personal references. The applicant shall not be required to submit a police report as a condition of application for licensure or internship.

(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, imposed higher or different standards for that person than for other applicants or licensees, or, in some other manner, contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

(d) The Board shall not violate an applicant’s rights during the application and internship process for licensure as a funeral director in this State.
24 Del. C. § 3811 — Delaware Code / Title 24 / Chapter 38 / Section 3811
§ Â
        3811. Grounds for discipline/sanctions/penalties of unlicensed practice.
Status: in_force

(a) The following conditions and actions of an applicant or L.D.N. 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 L.D.N.:

(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 dietetic and nutrition therapy; or

(3) Has as a dietitian/nutritionist or otherwise, in the practice of the profession, knowingly engaged in an act of consumer fraud or deception, or engaged in the restraint of competition, or participated in price-fixing activities; or

(4) Has violated the Code of Ethics as established by the American Dietetic Association; or

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

(6) Has been convicted of a crime that is substantially related to the provision of dietetic and nutrition therapy.

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

(1) Issuance of a letter of reprimand.

(2) Censorship.

(3) Placement on probationary status.

(4) Denial of license.

(5) Suspension of license.

(6) Revocation of license.

(c) 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.

(d) Penalties of unlicensed practice. — (1) Where the Board has determined, upon notice and hearing pursuant to Chapter 101 of Title 29 that a person is engaged in the practice of dietetics and nutrition therapy and regulated by this chapter without having lawfully obtained a license or that a person previously licensed under this chapter is engaged in the practice of dietetic and nutrition therapy as regulated by this chapter notwithstanding that the person’s license has been suspended or revoked, the Board may issue a cease and desist order. In addition to the power to issue a cease and desist order, the Board may seek an injunctive order prohibiting such unlawful practice and/or seek the imposition of other civil penalties defined by this chapter.

(2) Upon notice and hearing pursuant to Chapter 101 of Title 29, the Board may fine any person who violates such cease and desist order not less than $100 or more than $1000. Each day a violation continues may be deemed a separate offense in the Board’s discretion.

(3) Any person who violates any provisions of this chapter or any rules and regulations promulgated hereunder shall be liable for a civil penalty of not more than $2,500 for the first offense; and not more than $5,000 for the second and each subsequent offense, which penalty may be sued for, and recovered by the Board. Nothing in this section shall be construed to prevent prosecution under, or be inconsistent with, Chapter 5 of Title 11.

(e) 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. § 3616 — Delaware Code / Title 24 / Chapter 36 / Subchapter II / Section 3616
§ Â
        3616. Reinstatement of a suspended license; removal from probationary status.
Status: repealed

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

(b) Where a license or registration has been suspended due to the licensee’s inability to practice pursuant to this chapter, the Board may reinstate such license, if, after a hearing, the Board is satisfied that the licensee is again able to perform the essential functions of a geologist, with or without reasonable accommodations; and/or there is no longer a significant risk of substantial harm to the health and safety of the individual or others.

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

(d) [Repealed.]
24 Del. C. § 121 — Delaware Code / Title 24 / Chapter 1 / Section 121
§ Â
        121. Violations; penalties.
Status: repealed

(a) Where the Board has determined, upon notice and hearing pursuant to Chapter 101 of Title 29, that a person is engaged in the practice of certified public accountancy or public accountancy, or is representing himself or herself to the public as the recipient of a certificate or permit, or is holding himself or herself out as being authorized to practice certified public accountancy or public accountancy, without having lawfully obtained a certificate or permit, or without having a practice privilege under § 109 of this title, or otherwise wrongfully uses such title or any similar title to practice certified public accountancy or public accountancy, or continues to practice certified public accountancy or public accountancy after the revocation or suspension of a practice privilege in this State or after the revocation, suspension or expiration of a certificate or permit from this State or another state, the Board may apply to the Division of Professional Regulation to issue a cease and desist order.

(b) Where the Board has determined, upon notice and hearing pursuant to Chapter 101 of Title 29, that a firm is improperly holding itself out as being authorized to practice certified public accountancy or public accountancy, the Board may apply to the Division of Professional Regulation to issue a cease and desist order.

(c) [Repealed.]

(d) Any person or entity who violates any provisions of this chapter or any rules or regulations promulgated hereunder, shall be liable for a civil penalty as set forth in § 118(a)(6) of this title. Where a partnership or corporation engages in the practice of certified public accountancy or public accountancy in violation of this chapter, or any rules or regulations promulgated hereunder, every partner of such partnership and every officer, director, shareholder or principal of such corporation, shall be deemed to have committed the violation in question. Nothing in this section shall be construed to prevent prosecution under, or be inconsistent with, Chapter 5 of Title 11.
24 Del. C. § 4007 — Delaware Code / Title 24 / Chapter 40 / Subchapter II / Section 4007
§ Â
        4007. Certificate or 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 real estate appraiser, or advertise, or engage in the practice of appraising or assume to act as an appraiser, 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 an appraiser, unless such person has been duly certified or licensed under this chapter.

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

(c) No person shall act as an appraiser trainee or hold himself or herself out to be an appraiser trainee unless such person has been duly registered by the Council under this chapter.
24 Del. C. § 3501 — Delaware Code / Title 24 / Chapter 35 / Subchapter I / Section 3501
§ Â
        3501. Objectives.
Status: in_force

The primary objective of the Board of Examiners of Psychologists, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.

The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners, both licensed and unlicensed.
24 Del. C. § 2603A — Delaware Code / Title 24 / Chapter 26 / Section 2603A
§ Â
        2603A. Organization; meetings; officers; quorum.
Status: in_force

(a) The Board shall elect annually from its membership a Chairperson, a Vice-Chairperson, and a Secretary. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms.

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

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

(d) Minutes of all meetings shall be recorded and the Division shall maintain copies. 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. § 3016 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3016
§ Â
        3016. Penalty.
Status: in_force

(a) A person not currently licensed under this chapter who uses, in connection with that person’s name or business, or otherwise assumes or uses any title or description conveying or tending to convey the impression that the person is licensed under this chapter, is guilty of a misdemeanor.

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

(c) Justice of the Peace Courts shall have jurisdiction over violations of this chapter.
24 Del. C. § 6106 — Delaware Code / Title 24 / Chapter 61 / Section 6106
§ Â
        6106. License required.
Status: in_force

(a) No individual may engage in the practice of providing elevator services or hold oneself out to the public in this State as being qualified to act as a licensed elevator mechanic, or otherwise assume or use any title or description conveying or tending to convey the impression that the individual is qualified to act as a licensed elevator mechanic, unless such individual has been duly licensed under this chapter.

(b) Whenever a state license to practice as an elevator mechanic has expired or been suspended or revoked, it shall be unlawful for the individual to act as an elevator mechanic in this State.
24 Del. C. § 1930A — Delaware Code / Title 24 / Chapter 19 / Section 1930A
§ Â
        1930A. Duty to self-report.
Status: in_force

(a) A licensee shall self-report to the Board all of the following:

(1) Any arrest for, or the bringing of an indictment or information charging the licensee with, a crime substantially related to the practice of nursing as defined by the Board in its rules and regulations.

(2) The conviction of the licensee, including any verdict of guilty or plea of guilty or no contest, for any crime substantially related to the practice of nursing as defined by the Board in its rules and regulations.

(b) The report required by this section must be made in writing within 30 days of the date of the arrest, bringing of the indictment or information, or of the conviction.

(c) Failure to make a report required by this section constitutes grounds for discipline under § 1922 of this title.
24 Del. C. § 3907A — Delaware Code / Title 24 / Chapter 39 / Section 3907A
§ Â
        3907A. Applicants educated  outside of the United States or its territories.
Status: in_force

In addition to meeting all other applicable requirements under §§  3907 and 3909 of this title, an applicant whose application is based on a diploma or degree issued by a social work program outside of the United States or its territories shall furnish evidence satisfactory to the Board that the applicant completed a course of professional instruction equivalent to a program approved by the Council on Social Work Education or its successor. The applicant shall arrange and pay for a credential evaluation of the foreign program, to be completed by an agency that the Board has approved.
24 Del. C. § 1619 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1619
§ Â
        1619. Hearings.
Status: in_force

(a) The Commission shall not suspend or revoke any license under this chapter except after a hearing where the licensee has been given at least 20 days’ notice in writing, specifying the reason or reasons for such suspension or revocation and a date of the hearing.

(b) Any hearing pursuant to this section shall be at such time and place as the Commission shall prescribe, but no later than 20 days after the Commission is in receipt of a completed application or 20 days after a licensee has received notice of a proposed suspension or revocation action. Failure of the person or persons to appear after receiving notice shall constitute a waiver of the right to appear in such hearing.

(c) Hearings shall be before a panel of no less than 3 Commissioners and the applicant or licensee shall be permitted the assistance of counsel at the applicant’s or licensee’s own expense, to present witnesses in the applicant’s or licensee’s own behalf and to cross-examine witnesses against the applicant or licensee. The proceedings shall be recorded either electronically or stenographically. The Commission shall make specific findings of fact based upon a preponderance of the evidence upon the concurring vote of no fewer than 3 Commissioners. The Commission shall give written notice, accompanied by its findings of fact and conclusions of law, of its action within 10 days of said hearing.

(d) The applicant or licensee shall have the right of appeal to the Superior Court upon filing notice of appeal within 20 days of the decision of the Commission. Such review shall be on the record and shall not be de novo, and the cost of transportation shall be borne by the appellant.
24 Del. C. § 2013A — Delaware Code / Title 24 / Chapter 20A / Section 2013A
§ Â
        2013A. Date of implementation of the interstate Commission for Occupational Therapy Practice and associated rules, withdrawal, and amendment.
Status: in_force

(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.

(b) Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

(c) Any member state may withdraw from this Compact by enacting a statute repealing the same.

(1) A member state’s withdrawal shall not take effect until 6 months after enactment of the repealing statute.

(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.

(d) Nothing contained in this Compact shall be construed to invalidate or prevent any occupational therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.

(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
24 Del. C. § 903A — Delaware Code / Title 24 / Chapter 9 / Section 903A
§ Â
        903A. Sale to individuals on the Voluntary Firearms Do-Not-Sell Registry [For application of this section, see 84 Del. Laws, c. 372, Ââ3].
Status: in_force

(a) For purposes of this section:

(1) “Dealer” means as defined in § 904A of this chapter.

(2) “Firearm” means as defined under § 8571 of Title 11.

(3) “Registry” means the Voluntary Firearms Do-Not-Sell Registry created under Chapter 98 of Title 11.

(4) “Transfer” means as defined in § 1448B of Title 11.

(b) A licensee may not knowingly sell or transfer a firearm to an individual who is enrolled on the Voluntary Firearms Do-Not-Sell Registry in accordance with Chapter 98 of Title 11.

(c) An unlicensed person may not knowingly sell or transfer any firearm to an individual who is enrolled on the Registry. On behalf of the unlicensed person, a dealer holding a license under this chapter must check the Registry when facilitating a sale or transfer of a firearm under § 904A of this chapter.
24 Del. C. § 106 — Delaware Code / Title 24 / Chapter 1 / Section 106
§ Â
        106. Certificate or permit required.
Status: in_force

(a) The use of the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that a person is a certified public accountant shall be limited to a person who holds an active permit to practice issued by the Board pursuant to this chapter or issued under the laws of another jurisdiction. Holders of certificates only, who have never held a Delaware permit to practice, may not use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that a person is a certified public accountant. Up to and including June 30, 2017, holders of certificates only who have held a Delaware permit to practice which has since lapsed may use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that a person is a certified public accountant; provided that it is clearly indicated that such person is not holding himself or herself out as a practicing certified public accountant. Upon proper notification to the Board, holders of CPA permits to practice who no longer provide any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills and who no longer meet the continuing education requirement under § 108 of this title must place the word “inactive” adjacent to their CPA title.

(b) The use of the title or designation “public accountant” or the abbreviation “PA” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such person is a public accountant shall be limited to a person who holds a valid permit to practice public accountancy.
24 Del. C. § 3003 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3003
§ Â
        3003. Board of Mental Health and Chemical Dependency Professionals; appointments; composition; qualifications; terms; vacancies; suspension or removal; unexcused absences; compensation [For application of this section, see 80 Del. Laws, c. 261, Ââ 2].
Status: in_force

(a) There is created a Board of Mental Health and Chemical Dependency Professionals, which shall administer and enforce this chapter.

(b) The Board shall consist of 9 members, appointed by the Governor, who are residents of this State. The Board shall be comprised of 6 professional members and 3 public members. The professional members shall consist of at least 2 professional counselors of mental health, at least 2 licensed chemical dependency professionals and when possible at least 1 licensed marriage and family therapist. The public members shall not be, nor ever have been, mental health or chemical dependency professionals, employed by a mental health or chemical dependency professional, nor have been engaged in an activity directly related to the practice of a mental health or chemical dependency professional. The public members shall be accessible to inquiries, comments and suggestions from the public.

(c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years and may succeed himself or herself for 1 additional term. A term of office expires on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor.

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

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

(f) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetence or neglect of duty. A member subject to 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) No member of the Board, while serving on the Board, shall hold elective office in any association of mental health or chemical dependency professionals, nor serve as head of a professional association’s political action committee.

(h) The provisions of Chapter 58 of Title 29 shall apply to members of the Board.

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

(j) Each member of the Board shall be compensated at an appropriate and reasonable level as determined by the Division of Professional Regulation and may be reimbursed for all expenses involved in each meeting, including travel, according to Division policy.
24 Del. C. § 2906 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2906
§ Â
        2906. Powers and duties.
Status: in_force

(a) The Commission shall have the authority to:

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

(2) Approve the forms to be used under this chapter or as directed by other statutory provisions.

(3) Establish the qualifications for licensure and evaluate the credentials of all applicants for a license to practice real estate services, in order to determine whether such applicants meet the qualifications set forth in this chapter.

(4) Grant licenses to, and renew licenses of, all individuals who meet the qualifications for licensure and renewal.

(5) Establish and administer the criteria and standards by rule and regulation for instructors, schools of real estate and course providers.

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

(7) Perform random audits of continuing education credits submitted by licensees for license renewal.

(8) Evaluate certified records to determine whether an applicant for licensure who previously has been licensed, certified or registered in another jurisdiction to practice real estate services 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.

(9) Refer all complaints from licensees and the general public concerning individuals licensed in this chapter or concerning practices of the Commission or of the profession, to the Division for investigation pursuant to § 8735 of Title 29 and assign a member of the Commission to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint.

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

(11) Designate and impose the appropriate sanction or penalty where it has been determined after a hearing that penalties or sanctions should be imposed.

(12) Order compensation from the Real Estate Guaranty Fund, when, after a hearing, the Commission finds in favor of an aggrieved party, pursuant to § 2922 of this title.

(13) Issue cease and desist orders and impose fines for unlicensed practice, as specified in the rules and regulations and in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) The Division shall contract with a nationally recognized testing service for the preparation and grading of a written examination for the licensing of real estate service providers. The Commission may appoint a committee to review the written examination to establish its relevancy and accuracy for licensure in this State.

(c) The Commission shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of providing real estate services.
24 Del. C. § 2922 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2922
§ Â
        2922. Real Estate Guaranty Fund.
Status: in_force

(a) The Commission shall establish and maintain a Real Estate Guaranty Fund (hereinafter referred to as the “Fund”) from which, subject to this section, any person who obtains a final judgment against a licensee for loss or damage sustained by reason of theft or forgery (as defined in Title 11) or by reason of any fraud, misrepresentation or deceit by or on the part of any such licensee or any employee thereof who does not hold a license, may recover, after a hearing and on order of the Commission, compensation in an amount not exceeding in the aggregate the sum of $25,000 in connection with any 1 transaction or claim, regardless of the number of persons aggrieved or parcels of real estate involved in such transaction or claim.

(b) If the aggrieved person obtains a final judgment against a licensee for loss or damage sustained by reason of theft or forgery (as defined in Title 11) or by reason of fraud, misrepresentation or deceit by or on the part of such licensee or employee thereof who does not hold a license, such aggrieved person may file a verified claim with the Commission seeking an order directing payment from the Fund of any amount unpaid upon the judgment, subject to the limitations stated in subsection (a) of this section and this subsection. The verified claim shall be filed within 60 days after the final judgment has been obtained. The verified claim shall include a copy of the complaint, counterclaim or cross-claim, if any, a certified copy of the judgment and copies of any documentation relating to steps taken to collect on the judgment. The Commission shall proceed upon such claim in a summary manner and, upon the hearing thereof, the aggrieved person shall be required to show:

(1) That the aggrieved person is not a spouse of the judgment debtor or the personal representative of said spouse;

(2) That the aggrieved person has complied with all the requirements of this section;

(3) That the aggrieved person has obtained a final judgment as set out in this subsection, stating the amount thereof and the amount owing thereon at the date of the filing of the aggrieved person’s verified claim; and

(4) That the aggrieved person has fully pursued and exhausted all available remedies and taken all reasonable steps to collect the amount of the judgment, stating the total amount collected.

(c) If the Commission is satisfied that the aggrieved person has satisfied all the requirements of this section and is entitled to recover compensation from the Fund, it shall enter an order requiring payment from the Fund of whatever sum it shall find to be payable upon the claim, subject to the limitations of subsection (a) of this section. The Commission, in its discretion, may authorize payment of an amount from the Fund less than the claim made pursuant to this subsection.

(d) If the Commission pays from the Fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee may be suspended or revoked by the Commission and, in the discretion of the Commission, such licensee shall be ineligible to receive a new license until the licensee has repaid in full, plus interest at the legal rate, the amount paid from the Fund on the licensee’s account. A discharge in bankruptcy shall not relieve a licensee from the penalties and disabilities provided in this subsection.

(e) If at any time the money on deposit in the Fund is insufficient to satisfy any duly authorized claim or portion thereof, the Commission shall, when sufficient money has been deposited in the Fund, satisfy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed pursuant to subsection (b) of this section, plus accumulated interest at the legal rate.

(f) Any person filing with the Commission any notice, statement or other document required under subsection (b) of this section which is false or untrue or contains any material misstatement of fact shall be fined not less than $500 nor more than $5,000.

(g) When, upon the order of the Commission or pursuant to a compromise, the Commission has caused to be paid from the Fund any sum to a judgment creditor, the Commission shall be subrogated to all of the rights of the judgment creditor up to the amount paid and the judgment creditor shall assign all of that judgment creditor’s right, title and interest in the judgment up to such amount paid by the Commission, and any sums recovered by the Commission on the judgment shall be deposited to the Fund.

(h) Each licensee shall pay a fee of $25 which shall be credited to the Fund; provided, that in no case shall any licensee be required to pay said fee of $25 more than once, unless assessed as provided in subsection (i) of this section.

(i) The Commission shall, at all times, maintain the Fund at a level in excess of $250,000, and to this intent all moneys received pursuant to subsection (g) of this section shall be credited to said Fund and held in a special account other than the General Fund prescribed by § 6102(a) of Title 29. Said account shall be an interest-bearing account and the interest accruing from the funds on deposit in the account shall be credited to the Commission to defray the costs of administering the Fund; for seminars within the State and for continuing education for licensees within the State; and to reimburse Commissioners, their administrative staff and legal counsel for expenses paid to attend meetings of the Association of Real Estate License Law Officials.

(j) If the balance of the Fund should fall below the $250,000 level, the Commission shall, at the next license renewal date, assess each licensee a pro rata fee in such amount that the Fund will be returned to the $250,000 level.

(k) Any person aggrieved by any action, decision, order or regulation of the Commission may appeal to the Superior Court.
24 Del. C. § 4116 — Delaware Code / Title 24 / Chapter 41 / Subchapter II / Section 4116
§ Â
        4116. Disciplinary sanctions.
Status: in_force

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 4114 of this title applies to a practitioner regulated by this chapter:

(1) Issue a letter of reprimand.

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

a. Report regularly to the Board on the matters, which are the basis of the probation.

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

(3) Suspend any practitioner’s license.

(4) Revoke any practitioner’s license.

(5) Impose a monetary penalty not to exceed $1,000 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) (1) In the event of a formal or informal complaint concerning the activity of a person licensed to practice home inspection that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license to practice home inspection, 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 to practice home inspection 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 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.

(2) A person whose license to practice home inspection 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.

(3) A person whose license to practice home inspection 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 to practice home inspection.

(4) The Board shall convene a hearing within 60 days of the date of issuance of the order of temporary suspension to consider the evidence regarding the matters alleged in the complaint. If the person requests in a timely manner an expedited hearing, the Board shall convene a hearing within 15 days of the Board’s receipt of the request. 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. § 1706B — Delaware Code / Title 24 / Chapter 17B / Section 1706B
§ Â
        1706B. Designation of the state from which licensee is applying for a compact privilege.
Status: in_force

(a) Upon a licensee’s application for a compact privilege, the licensee shall identify to the Commission the participating state from which the licensee is applying, in accordance with applicable rules adopted by the Commission, and subject to the following requirements:

(1) When applying for a compact privilege, the licensee shall provide the Commission with the address of the licensee’s primary residence and thereafter shall immediately report to the Commission any change in the address of the licensee’s primary residence.

(2) When applying for a compact privilege, the licensee is required to consent to accept service of process by mail at the licensee’s primary residence on file with the Commission with respect to any action brought against the licensee by the Commission or a participating state, including a subpoena, with respect to any action brought or investigation conducted by the Commission or a participating state.
24 Del. C. § 2549A — Delaware Code / Title 24 / Chapter 25 / Subchapter VI / Section 2549A
§ Â
        2549A. Dispensing and substitution of biological products [Effective until June 30, 2026].
Status: in_force

(a) A pharmacist may substitute for a prescribed biological product only if:

(1) The practitioner has not expressly prohibited substitution in a manner specified in § 2549 of this title;

(2) The product to be substituted has been designated by the Federal Food and Drug Administration as interchangeable with or therapeutically equivalent to the prescribed product;

(3) The pharmacist informs the patient or the patient’s adult representative that an interchangeable biological product has been dispensed; and

(4) The pharmacist indicates on the prescription and on the prescription label the name of the manufacturer of the interchangeable biological product substituted unless the practitioner indicates otherwise.

(b) If a biological product is dispensed, the pharmacist or the pharmacist’s designee shall, within a reasonable time but not to exceed 10 days following dispensing, communicate to the practitioner the name and manufacturer of the biological product dispensed, by:

(1) Recording such information in an interoperable electronic health records system shared with the prescribing practitioner, to the extent such a system is in place between a pharmacist and practitioner; or

(2) In the case where electronic health records are not in place between a pharmacist and a practitioner, communicating such information to the practitioner using any prevailing means available. No communication is required under this subsection where there is no interchangeable or therapeutically equivalent biological product for the prescribed biological product, or where a refill prescription is not changed from the biological product originally dispensed.

(c) The pharmacy shall maintain a record of the biological product dispensed as required in § 2532 of this title.

(d) The Board of Pharmacy shall maintain a link on its web site to the current list of all biological products determined by the Federal Food and Drug Administration to be interchangeable with a specific biological product.

(e) Hospital pharmacies shall be exempt from the requirements of subsection (b) of this section.
24 Del. C. § 5111 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5111
§ Â
        5111. Issuance of license; renewal; reinstatement; lapsed license.
Status: repealed

(a) Each person who has passed the examinations required by this chapter, who has been admitted to practice in this State by reciprocity, or who has otherwise qualified for a license shall, prior to receiving such license, file for and obtain an occupational license from the Division of Revenue, if required, in accordance with Chapter 23 of Title 30. The Board shall issue a license to each person who has qualified for same under this chapter. A duplicate license shall be issued to a practitioner licensed under this chapter upon payment of a fee established by the Division of Professional Regulation. The license shall be clearly marked “DUPLICATE.”

(b) Each license shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee, and proof that the licensee has met any continuing education requirements established by the Board. A licensee who has allowed that licensee’s license to lapse for less than 5 years may renew such lapsed license upon payment of a late fee established by the Division, and proof that the licensee has met any continuing education requirements established by the Board. A licensee who has allowed that licensee’s license to lapse for longer than 5 years may reinstate such license by taking and passing the practical examination for the profession for which the licensee is seeking reinstatement.

(1)-(4) [Repealed.]

(c) A shop or school that allows its license to lapse has 45 days from the expiration date to apply for reinstatement. After that time, any shop or school must reapply.

(d) A former licensee whose license has been revoked shall apply for a new license, successfully complete all examinations, and pay all appropriate fees before the person may be licensed.
24 Del. C. § 1705B — Delaware Code / Title 24 / Chapter 17B / Section 1705B
§ Â
        1705B. Compact privilege.
Status: in_force

(a) To exercise the compact privilege, a licensee must:

(1) Have graduated from a physician assistant program accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc. or other programs authorized by commission rule.

(2) Hold current National Commission on the Certification of Physician Assistants (NCCPA) certification.

(3) Have no felony or misdemeanor conviction.

(4) Have never had a controlled substance license, permit, or registration suspended or revoked by a state or by the United States Drug Enforcement Administration.

(5) Have a unique identifier as determined by commission rule.

(6) Hold a qualifying license.

(7) Have had no revocation of a license or limitation or restriction on any license currently held due to an adverse action.

(8) If a licensee has had a limitation or restriction on a license or compact privilege due to an adverse action, 2 years must have elapsed from the date on which the license or compact privilege is no longer limited or restricted due to the adverse action.

(9) If a compact privilege has been revoked or is limited or restricted in a participating state for conduct that would not be a basis for disciplinary action in a participating state in which the licensee is practicing or applying to practice under a compact privilege, that participating state shall have the discretion not to consider such action as an adverse action requiring the denial or removal of a compact privilege in that state.

(10) Notify the Compact Commission that the licensee is seeking the compact privilege in a remote state.

(11) Meet any jurisprudence requirement of a remote state in which the licensee is seeking to practice under the compact privilege and pay any fees applicable to satisfying the jurisprudence requirement.

(12) Report to the Commission any adverse action taken by a non-participating state within 30 days after the action is taken.

(b) The compact privilege is valid until the expiration or revocation of the qualifying license unless terminated pursuant to an adverse action. The licensee must also comply with all of the requirements of subsection (a) of this section to maintain the compact privilege in a remote state. If the participating state takes adverse action against a qualifying license, the licensee shall lose the compact privilege in any remote state in which the licensee has a compact privilege until all of the following occur:

(1) The license is no longer limited or restricted.

(2) Two years have elapsed from the date on which the license is no longer limited or restricted due to the adverse action.

(c) Once a restricted or limited license satisfies the requirements of paragraphs (b)(1) and (b)(2) of this section, the licensee must meet the requirements of subsection (a) of this section to obtain a compact privilege in any remote state.

(d) For each remote state in which a physician assistant seeks authority to prescribe controlled substances, the physician assistant shall satisfy all requirements imposed by such state in granting or renewing such authority.
24 Del. C. § 1908 — Delaware Code / Title 24 / Chapter 19 / Section 1908
§ Â
        1908. Delaware Board of Nursing â Meetings; examinations for licensing; nursing education programs; fees.
Status: in_force

(a) The Board shall meet as often as necessary to carry out its responsibilities as defined in this chapter.

(b) Special meetings of the Board may be called by the Executive Director upon the request of the President or any 2 members.

(c) The Board shall consider and act upon applications to conduct a nursing education program.

(d) The amount charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board and the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year, the Division of Professional Regulation, or any other state agency acting on its behalf, shall compute for each separate service or activity the appropriate Board fees for the coming year.
24 Del. C. § 2537 — Delaware Code / Title 24 / Chapter 25 / Subchapter IV / Section 2537
§ Â
        2537. Conditions of nonresident pharmacyâs permit to conduct business in this State [Effective until June 30, 2026].
Status: in_force

(a) A nonresident pharmacy shall:

(1) Provide the location, names, and titles of all principal corporate officers and of all pharmacists who dispense prescription drugs in this State. This information must be provided to the Board upon application for a nonresident pharmacy’s permit to conduct business in this State and within 30 days after a change of office location or after the addition or removal of a principal corporate officer or a pharmacist;

(2) Certify that it complies with all lawful directions and requests for information from regulatory or licensing agencies of the state in which it is licensed and that it will comply with all such requests made by the Board pursuant to this chapter. The nonresident pharmacy shall maintain at all times a valid license, permit, or registration to operate the pharmacy, which complies with the laws of the state in which it is physically located. The nonresident pharmacy shall maintain patient profiles in compliance with Board regulations, shall comply with the provisions of § 2549 of this title, and shall provide pertinent patient information. Prior to being issued a permit, the nonresident pharmacy must provide the Board with a copy of its most recent inspection report and, thereafter, must provide the Board with inspection reports within 60 days after receipt from the regulatory licensing agency of the state in which the nonresident pharmacy is physically located;

(3) Certify that it maintains its records of prescription drugs dispensed to Delaware patients in a way that the records are readily retrievable from the records of drugs dispensed to other patients;

(4) Provide a local or a toll-free telephone service, staffed by a registered pharmacist, during its regular hours of operation, but not less than 6 days per week for a minimum of 40 hours per week, to facilitate communication between patients in this State and pharmacists at the nonresident pharmacy who have access to patient records. The toll-free telephone number must appear on the label affixed to each container of prescription drugs dispensed to patients in this State;

(5) Pay the permit application or renewal fee for a nonresident pharmacy as set by the Board pursuant to § 2511 of this title.

(b) The Board shall report any disciplinary action it takes against a nonresident pharmacy to the Board in the state where the pharmacy is physically located.
24 Del. C. § 117 — Delaware Code / Title 24 / Chapter 1 / Section 117
§ Â
        117. Unprofessional conduct.
Status: in_force

An individual holding a certificate and any individual or firm holding a permit to practice shall be subject to those disciplinary actions set forth in § 118 of this title if, after a hearing, the Board finds that the individual or firm:

(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire or renew a certificate or permit to practice or be otherwise authorized to practice accountancy; or impersonated another person holding a certificate or permit to practice; or allowed another person to use the individual’s certificate or permit to practice; or aided or abetted a person not holding a certificate or permit to practice to represent himself or herself as holding a certificate or permit to practice;

(2) Has engaged in an act of fraud or gross negligence in the practice of accounting or engaged in dishonorable, unethical or unprofessional conduct intended to or likely to deceive, defraud or harm the public;

(3) Has been found guilty of or has entered a plea of guilty or nolo contendere to a crime that is substantially related to the practice of accountancy;

(4) Has been subject to disciplinary sanction or censured or has had the individual’s certificate or permit to practice revoked or suspended in any other state for any cause other than failure to pay an annual registration fee;

(5) Has been subject to disciplinary sanction or censured or has had the individual’s right to practice revoked before any state or federal agency; or

(6) Has violated a lawful provision of this chapter or any lawful regulation or rule of professional conduct established thereunder.
24 Del. C. § 5309 — Delaware Code / Title 24 / Chapter 53 / Subchapter II / Section 5309
§ Â
        5309. Qualifications of applicants for certification as massage technicians.
Status: in_force

(a) On or before December 31, 2024, an applicant who is applying for certification as a massage technician under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person meets the requirements of § 5308(a)(5)-(11) and (e) of this title and:

(1) Is at least 18 years of age;

(2) Has completed, as a minimum, a 300-hour course of supervised in-class study of massage that includes a curriculum of no less than:

a. Sixty hours of anatomy and physiology;

b. One hundred-forty hours of theory and technique;

c. Seventy-five hours of elective courses in the field of massage therapy;

d. Twenty-five hours of ethics, law and contraindications

(3) Has passed a state-certified examination in cardio-pulmonary resuscitation (CPR) training; and possesses current CPR certification. An exception from current CPR certification shall be allowed for persons who have lower limb amputee status.

(b) Notwithstanding subsection (a) of this section, an applicant may apply for a temporary massage technician certification under this section after completion of a 200-hour course of supervised in-class study of massage that includes a curriculum of no less than:

(1) Fifty hours of anatomy and physiology;

(2) One hundred and ten hours of theory and technique;

(3) Twenty-five hours of ethics, law, and contraindications; and

(4) Fifteen hours of elective courses.

A temporary massage technician certification, which is subject to all the other provisions and requirements of this chapter, shall be valid for a period of no more than 1 year and may not be renewed or reissued, and shall not be eligible for inactive status.

(c) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information intentionally has been 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 applicant than for other applicants or licensees; or has in some way contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

(e) All individuals licensed to practice as massage technicians 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, 2014, at the applicant’s expense, fingerprints and other necessary information in order to obtain a criminal background check.

(f) After December 31, 2024, the Board may not issue an initial certification to practice as a certified massage technician.

(1) All applications for initial certification received by December 31, 2024, shall be processed and issued to applicants who meet the qualifications set forth in this section.

(2) In order to remain certified, all certified massage technicians must renew their certificates as specified in § 5312(a) through (d) of this title.
24 Del. C. § 4008 — Delaware Code / Title 24 / Chapter 40 / Subchapter II / Section 4008
§ Â
        4008. Qualifications of applicant; report to Attorney General; judicial review.
Status: repealed

(a) An applicant, who is applying for certification or licensure as an appraiser under this chapter, for the relevant certificate, license or registration, shall submit evidence, verified by oath and satisfactory to the Council, that such person:

(1) Has met the qualifications established by the AQB and incorporated into this section by reference.

(2) Shall not have been the recipient of any administrative penalties regarding that applicant’s practice as an appraiser, 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 agreements” which contain conditions placed by a Council on that applicant’s professional conduct and practice, including any voluntary surrender of a license. The Council may determine after a hearing whether such administrative penalty is grounds to deny licensure.

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

(4) Does not have a criminal conviction record, nor pending criminal charge relating to an offense that is substantially related to real estate appraising. Applicants, who have criminal conviction records or pending criminal charges, shall request appropriate authorities to provide information about the record or charge directly to the Council. However, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Council finds that a waiver would not create an unreasonable risk to public safety, the Council, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(4).

a.-d. [Repealed.]

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

(b) Where the Council 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.

(c) Where the 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 the applicant than for other applicants, registrants, certificants 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. § 306 — Delaware Code / Title 24 / Chapter 3 / Section 306
§ Â
        306. Powers and duties.
Status: in_force

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

(1) Promulgate rules of conduct governing the practice of architects, including rules and regulations concerning continuing education, and/or misrepresentations, conflicts of interest, disability, violations of law or other unprofessional conduct. 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 for certificates of registration, and to process all applications;

(3) Designate a written examination to be taken by persons applying for a certificate of registration. The Board shall adopt the examinations of the National Council of Architectural Registration Boards, or a comparable alternative national or regional examination, if a national examination is not available;

(4) Provide for the administration of all examinations, including notice and information to applicants. The Board shall adopt the administration and grading procedures of the National Council of Architectural Registration Boards, or of a comparable alternative national or regional examination if a national examination is not available;

(5) Designate the requirements for the issuance of a certificate of registration consistent with the other provisions of this chapter;

(6) Grant certificates of registration to all persons who meet the qualifications for registration and who otherwise satisfy the requirements set forth in this chapter;

(7) Refer all complaints from registered architects and from the public concerning architects, or concerning practices of the Board or of the profession, to the Division of Professional Regulation for investigation pursuant to § 8735 of Title 29;

(8) Hold hearings and take such actions as are permitted under the provisions of the Administrative Procedures Act, Chapter 101 of Title 29. Where such provisions conflict with the provisions of this chapter, this chapter shall govern. The Board shall determine whether or not an architect shall be subject to a disciplinary hearing, and if so, shall conduct such hearing in accordance with this chapter and the Administrative Procedures Act;

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

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

(11) In cooperation with Division of Professional Regulation, to maintain complete records relating to meeting minutes, applications, examinations, rosters, changes and additions to the rules and regulations, complaints, hearings and such other matters as the Board shall determine. The Division of Professional Regulation shall have the power to review, approve and execute all contracts for examination services;

(12) The Board may require by subpoena the attendance and testimony of witnesses and the production of papers, records or other documentary evidence.

(b) The Board of Architects shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of architecture.
24 Del. C. § 2808 — Delaware Code / Title 24 / Chapter 28 / Section 2808
§ Â
        2808. Council election and appointment procedure.
Status: in_force

(a) The schedule for the election of the 12 elected members shall be as follows:

(1) Three members representing the constituencies of: Civil engineering, industry and New Castle County shall be elected in 1978 and every 4 years thereafter.

(2) Three members representing the constituencies of: electrical engineering, private consulting practice and Kent County shall be elected in 1979 and every 4 years thereafter.

(3) Three members representing the constituencies of: mechanical engineering, education and Sussex County shall be elected in 1980 and every 4 years thereafter.

(4) Three members representing the constituencies of: chemical engineering, government and any other engineering discipline not previously designated shall be elected in 1981 and every 4 years thereafter.

(b) The schedule for the appointment of the 3 appointed members shall be as follows:

(1) One member from New Castle County shall be appointed in 1994 and every 4 years thereafter.

(2) One member from Kent County shall be appointed in 1993 and every 4 years thereafter.

(3) One member from Sussex County shall be appointed in 1991 and every 4 years thereafter.

(c) All appointments to the Council shall be made by the Governor in accordance with the above schedule and with the requirements of § 2807 of this title. Each term of office of the appointed Council members shall expire on the date specified in the appointment, however, the Council member shall remain eligible to participate in Council proceedings unless and until replaced by the Governor.

(d) The 12 Council members shall be elected by members of the Association through the procedure determined by Council, including, without limitation, electronic voting. The members in contest for each elected Council position receiving a plurality of votes from those voting within the prescribed time for that Council position shall be declared elected to that Council position.
24 Del. C. § 1133 — Delaware Code / Title 24 / Chapter 11 / Subchapter III / Section 1133
§ Â
        1133. Exemptions.
Status: in_force

Nothing in this chapter shall be construed to prevent:

(1) A licensed dentist or dental hygienist serving in any branch of the United States Armed Services, Veterans’ Administration or Public Health Service from discharging the dentist’s or dental hygienist’s official duties;

(2) A licensed physician or surgeon from extracting teeth or treating pathological conditions of the mouth, teeth or oral tissues, or from radiographing such tissues, unless such person practices dentistry as a specialty;

(3) A lawful practitioner of dentistry in another state, the District of Columbia or a territory of the United States from making a clinical demonstration for educational purposes before a dental society, convention, association of dentists or dental college or performing duties in connection with a specific case on which the practitioner may have been called to this State by a legally qualified practitioner of dentistry of this State.

(4) A practitioner of dentistry who maintains a lawful dental license to practice in another state, the District of Columbia or a territory of the United States from making a clinical demonstration in connection with the lawful research and development of dental product or dental products manufactured by a dental manufacturer complying with guidelines set forth by the United States Food and Drug Administration.

(5) A person not currently licensed as a dentist under this chapter from owning or operating a nonprofit, tax-exempt organization as described in §§ 501(c)(3), 509(a)(1) and 170(b)(1)(A)(iii) of the Internal Revenue Code (26 U.S.C. §§ 501(c)(3), 509(a)(1), and 170(b)(1)(A)(iii)) so long as such person is not otherwise practicing dentistry.