24 Del. C. § 4031 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4031
§ Â
        4031. Appraiser independence; prohibitions.
Status: in_force

(a) Any employee, director, officer or agent of an appraisal management company registered pursuant to this chapter shall not influence or attempt to influence the development, reporting or review of an appraisal through coercion, extortion, collusion, compensation, inducement, intimidation, bribery or any other manner, including:

(1) Withholding or threatening to withhold timely payment for an appraisal.

(2) Withholding or threatening to withhold future business for an independent appraiser or demoting or terminating, or threatening to demote or terminate, an independent appraiser.

(3) Expressly or implicitly promising future business, promotions or increased compensation for an independent appraiser.

(4) Conditioning the request for an appraisal service or the payment of an appraisal fee or salary or bonus on the opinion, conclusion or valuation to be reached or on a preliminary estimate or opinion requested from an independent appraiser.

(5) Requesting that an independent appraiser provide an estimated, predetermined or desired valuation in an appraisal report or provide estimated values or comparable sales at any time before the independent appraiser’s completion of an appraisal service.

(6) Providing to an independent appraiser an anticipated, estimated, encouraged or desired value for a subject property or a proposed or target amount to be loaned to the borrower, except that a copy of the sales contract for purchase transactions may be provided.

(7) Providing to an independent appraiser, or any entity or person related to the appraiser, stock or other financial or nonfinancial benefits.

(8) Allowing the removal of an independent appraiser from an appraiser panel, without prior written notice to the appraiser.

(9) Obtaining, using or paying for a second or subsequent appraisal or ordering an automated valuation model in connection with a mortgage financing transaction, unless such action is required by law or there is a reasonable basis to believe that the initial appraisal was flawed or tainted and the basis is clearly and appropriately noted in the loan file or unless the appraisal or automated valuation model is done pursuant to a bona fide prefunding or postfunding appraisal review or quality control process.

(10) Engaging in any other act or practice that impairs or attempts to impair an appraiser’s independence, objectivity or impartiality.

(b) An appraisal fee offered or paid may not be based on the predetermined appraised value or range of appraised value of the subject property or the amount of the transaction price.

(c) Subsections (a) and (b) of this section do not prohibit an appraisal management company from requesting that an independent appraiser either:

(1) Provide additional information about the basis for a valuation.

(2) Correct objective factual errors in an appraisal report.

(3) Consider additional appropriate property information.
24 Del. C. § 3512A — Delaware Code / Title 24 / Chapter 35A / Section 3512A
§ Â
        3512A. Date of implementation of the Psychology Interjurisdictional Compact Commission and Association rules, withdrawal, and amendments.
Status: in_force

(a) The Compact shall come into effect on the date on which the Compact is enacted into law in the seventh compact 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 which 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 which 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 compact state may withdraw from this Compact by enacting a statute repealing the same.

(1) A compact 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 psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

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

(e) This Compact may be amended by the compact states. No amendment to this Compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.
24 Del. C. § 101 — Delaware Code / Title 24 / Chapter 1 / Section 101
§ Â
        101. Objectives and functions.
Status: in_force

The primary objective of the Board of Accountancy, to which all other objectives and purposes are secondary, is to protect the general public (specifically those persons who are direct recipients of services regulated by this chapter) from unsafe practices, including incompetent auditing, accounting and tax services rendered by certificate and permit holders, and from occupational practices which tend to reduce competition or fix the price of services rendered. Secondary objectives of the Board include maintaining minimum standards of competency in accounting, auditing and tax services rendered by certificate and permit holders and maintaining minimum standards in the delivery of such 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, adjudicate such complaints at formal hearings, promulgate rules and regulations, and impose sanctions where necessary against practitioners.
24 Del. C. § 3916 — Delaware Code / Title 24 / Chapter 39 / Section 3916
§ Â
        3916. Disciplinary  sanctions.
Status: repealed

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that a licensee has violated any condition or committed any violation set forth in § 3915 of this title:

(1) Issue a letter of reprimand.

(2) [Repealed.]

(3) Place the licensee on probationary status, and require the licensee to do 1 or more of the following:

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 the Board prescribes.

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

(4) Suspend the license.

(5) Permanently revoke the license.

(6) Impose a monetary penalty not to exceed $10,000 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) If the Board receives 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 suspend the licensee’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.

(2) The Board may not suspend a license unless the licensee or licensee’s attorney received at least 24 hours’ written or oral notice before the suspension so that the licensee or licensee’s attorney may file a written response to the proposed suspension.

(3) The decision as to whether to issue the order of suspension must be decided on the written submissions.

(4) An order of 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 licensee requests a continuance of the hearing date. If the licensee requests a continuance, the order of suspension remains in effect until the hearing is convened and the Board renders a decision. A licensee whose license has been suspended under this section may request an expedited hearing. The Board must schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the licensee received notification of the decision to suspend the license.

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

(e) 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.

(f) The Board shall permanently revoke the license of any licensee who is convicted of a felony sexual offense.
24 Del. C. § 3903D — Delaware Code / Title 24 / Chapter 39D / Section 3903D
§ Â
        3903D. State participation in the Compact.
Status: in_force

(a) To be eligible to participate in the compact, a potential member state must currently meet all of the following criteria:

(1) License and regulate the practice of social work at either the clinical, master’s, or bachelor’s category.

(2) Require applicants for licensure to graduate from a program that is:

a. Operated by a college or university recognized by the licensing authority.

b. Accredited, or in candidacy by an institution that subsequently becomes accredited, by an accrediting agency recognized by either of the following:

1. The Council for Higher Education Accreditation, or its successor.

2. The United States Department of Education.

c. Corresponds to the licensure sought as outlined in § 3904D of this title.

(3) Require applicants for clinical licensure to complete a period of supervised practice.

(4) Have a mechanism in place for receiving, investigating, and adjudicating complaints about licensees.

(b) To maintain membership in the Compact, a member state shall:

(1) Require that applicants for a Multistate License pass a qualifying national exam for the corresponding category of Multistate License sought as outlined in § 3904D of this title.

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

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

(4) Implement procedures for considering the criminal history records of applicants for a Multistate License. Such procedures include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.

(5) Comply with the rules of the Commission.

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

(7) Authorize a licensee holding a Multistate License in any member state to practice in accordance with the terms of the Compact and rules of the Commission.

(8) Designate a delegate to participate in the Commission meetings.

(c) A member state meeting the requirements of subsections (a) and (b) of this section shall designate the categories of social work licensure that are eligible for issuance of a Multistate License for applicants in such member state. To the extent that any member state does not meet the requirements for participation in the Compact at any particular category of social work licensure, such member state may choose, but is not obligated to, issue a Multistate License to applicants that otherwise meet the requirements of § 3904D of this title for issuance of a Multistate License in such category or categories of licensure.

(d) The home state may charge a fee for granting the Multistate License.
24 Del. C. § 1706A — Delaware Code / Title 24 / Chapter 17A / Section 1706A
§ Â
        1706A. Fees for expedited licensure.
Status: in_force

(a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the Compact.

(b) The Interstate Commission is authorized to develop rules regarding fees for expedited licenses.
24 Del. C. § 1906B — Delaware Code / Title 24 / Chapter 19B / Section 1906B
§ Â
        1906B. Additional authorities invested in party state licensing boards [Effective upon fulfillment of 83 Del. Laws, c. 110, Â 2].
Status: in_force

(a) In addition to the other powers conferred by state law, a licensing board shall have the authority to:

(1) Take adverse action against an APRN’s multistate licensure privilege to practice within that party state.

a. Only the home state shall have power to take adverse action against an APRN’s license issued by the home state.

b. For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct that occurred outside of the home state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

(2) Issue cease and desist orders or impose an encumbrance on an APRN’s authority to practice within that party state.

(3) Complete any pending investigations of an APRN who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.

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

(5) Obtain and submit, for an APRN licensure applicant, fingerprints or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions.

(6) If otherwise permitted by state law, recover from the affected APRN the costs of investigations and disposition of cases resulting from any adverse action taken against that APRN.

(7) Take adverse action based on the factual findings of another party state, provided that the licensing board follows its own procedures for taking such adverse action.

(b) If adverse action is taken by a home state against an APRN’s multistate licensure, the privilege to practice in all other party states under a multistate licensure privilege shall be deactivated until all encumbrances have been removed from the APRN’s multistate license. All home state disciplinary orders that impose adverse action against an APRN’s multistate license shall include a statement that the APRN’s multistate licensure privilege is deactivated in all party states during the pendency of the order.

(c) Nothing in this Compact shall override a party state’s decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any APRN for the duration of the APRN’s participation in an alternative program.
24 Del. C. § 3520 — Delaware Code / Title 24 / Chapter 35 / Subchapter III / Section 3520
§ Â
        3520. Penalty.
Status: in_force

A person not currently licensed as a psychologist, or registered as a psychological assistant, under this chapter, when guilty of engaging in the practice of psychology, or of acting as a psychological assistant or using in connection with the practitioner’s own name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the practitioner is qualified to practice psychology, or to act as a psychological assistant, such offender shall be guilty of a misdemeanor. Upon the first offense, the practitioner shall be fined not less than $500 nor more than $1000 for each offense; and, in addition, may be imprisoned for not more than 1 year. For a second or subsequent conviction, the fine shall be not less than $1000 nor no more than $2000 for each offense. Superior Court shall have jurisdiction over all violations of this chapter.
24 Del. C. § 3313 — Delaware Code / Title 24 / Chapter 33 / Subchapter II / Section 3313
§ Â
        3313. Qualifications of applicant; report to Attorney General; judicial review.
Status: repealed

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

(1) Has received a degree of Doctor of Veterinary Medicine or its equivalent from a school or college accredited by the American Veterinary Medical Association, or if the applicant’s degree is not from an AVMA-accredited school or college, possess a certificate issued by a certifying Commission approved by the Delaware Board;

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

(3) Has not had that applicant’s United States Drug Enforcement Administration (DEA) privileges restricted or revoked; or

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

(5) Shall not have a criminal conviction record, or pending criminal charge relating to an offense that is substantially related to the practice of veterinary medicine. 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; however, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation, the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(5).

a.-d. [Repealed.]

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

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

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

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

(e) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for the applicant than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
24 Del. C. § 5606 — Delaware Code / Title 24 / Chapter 56 / Section 5606
§ Â
        5606. Commissions.
Status: in_force

(a) All applicants must provide the Board with proof of employment with an employer and the required documentation, from the employer, as required under § 5607 of this title, prior to being commissioned or recommissioned as a constable.

(1) All commissioned constables must notify the Board immediately if their employment with the employer at the time of their original application or their renewal application is terminated.

(2) All employers that employ commissioned constables must notify the Board immediately if a constable in their employ is terminated.

(b) The Board shall have the authority to deny a commission for any constable whose employer fails to show that the proposed commission will be in aid and relief of full service police agencies and is necessary to protect life and property in circumstances where full service police agencies are unable to assist.

(c) No current sworn or civilian personnel employed by a Delaware law-enforcement organization, as defined by the Police Officer Standards and Training Commission, or current sworn or civilian member of a law-enforcement organization in any other state or federal jurisdiction shall be commissioned as a constable.

(d) No sheriff or deputy sheriff shall be commissioned as a constable for the benefit of the sheriff’s office or the government of a county unless a request has been made by resolution of the appropriate county council or Levy Court.

(e) All applicants shall provide the State Bureau of Identification with their names, weight, hair color, eye color, current address, legal residence, and any other information necessary for the Bureau to obtain a report of an applicant’s entire state criminal history and entire federal criminal history pursuant to the Federal Bureau of Investigation appropriation of Title II of U.S. Public Law 92-544.

(f) Upon appointment as a constable, the Professional Licensing Section shall issue commissioned constables a commission certificate and identification card. No commission certificate or identification card issued pursuant to this chapter shall be transferable.

(g) The term of office for all constables shall be 2 years from the date the constable was commissioned.

(h) Upon expiration of a constable’s term of office, the constable may request that the Board renew their commission. Approval for renewal shall be within the discretion of the Board.
24 Del. C. § 4119 — Delaware Code / Title 24 / Chapter 41 / Subchapter III / Section 4119
§ Â
        4119. Exception.
Status: in_force

Nothing in this chapter prevents:

(1) A person who is employed by a governmental entity from inspecting residential buildings if the inspection is within official duties and responsibilities.

(2) A person from performing a home inspection if the inspection will be used solely by a bank, savings and loan association or credit union to monitor progress on the construction of a residential structure.

(3) A person who is employed as a property manager for a residential structure and whose official duties and responsibilities include inspecting the residential structure from performing an inspection on the structure if the person does not receive separate compensation for the inspection work.

(4) A person who is regulated in another profession, such as a licensed professional engineer or a certified HUD inspector, from acting within the scope of that person’s license, registration or certification.
24 Del. C. § 1795 — Delaware Code / Title 24 / Chapter 17 / Subchapter IX / Section 1795
§ Â
        1795. Live birth following abortion.
Status: in_force

(a) In the event an abortion or an attempted abortion results in the live birth of a child, the person performing or inducing such abortion or attempted abortion and all persons rendering medical care to the child after its birth must exercise that degree of medical skill, care and diligence which would be rendered to a child who is born alive as the result of a natural birth.

(b) Nothing found in this section shall be deemed to preclude prosecution under any other applicable section of the Delaware Code for knowing or reckless conduct which is detrimental to the life or health of an infant born as a result of a procedure designed to terminate pregnancy. Anyone who knowingly violates this section shall be guilty of a class A misdemeanor.
24 Del. C. § 3711 — Delaware Code / Title 24 / Chapter 37 / Subchapter II / Section 3711
§ Â
        3711. Fees [For application of this section, see 84 Del. Laws, c. 418, Â 2].
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 in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee may be charged for a purpose not specified in this chapter. The application fee may not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.
24 Del. C. § 3015 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3015
§ Â
        3015. License required.
Status: in_force

No person shall hold himself or herself out to the public as a licensed mental health or chemical dependency professional unless the person is licensed in accordance with this chapter. It shall be unlawful for a person who is not licensed under this chapter, or the person’s employer, employees, agents or representatives, to use, in connection with the person’s name or business, any words, letters, abbreviations or insignia indicating or implying directly or indirectly that the person is licensed under this chapter.
24 Del. C. § 2722 — Delaware Code / Title 24 / Chapter 27 / Subchapter III / Section 2722
§ Â
        2722. Certificate of authorization.
Status: in_force

(a) A professional land surveying corporation or partnership must have a certificate of authorization in order to practice, or offer to practice, land surveying as defined in this chapter.

(b) The practice of or offer to practice land surveying for the public by a professional land surveying corporation or partnership which has been issued a certificate of authorization is permitted, provided that 1 of the officers or 1 of the employees of the said land surveying corporation or partnership:

(1) Is designated as being in responsible charge of the land surveying activities and surveying decisions of the said corporation or partnership; and

(2) Is a licensee.

(c) All personnel of any such land surveying corporation or partnership who practice land surveying on its behalf shall be licensees. The requirements of this chapter shall not prevent a land surveying partnership or corporation and its employees from performing surveying services for the said land surveying partnership or corporation or its subsidiaries or for affiliated corporations.

(d) A land surveying corporation or partnership desiring a certificate of authorization shall file with the Board and the Division an application listing the names and addresses of all officers, board members and principals of the land surveying corporation or partnership and also of any licensee who shall be in responsible charge of the practice of land surveying through the said corporation or partnership, together with any other information required by the Division. The same information must accompany the biennial renewal fee. In the event there shall be a change in any of these persons during that biennial period, such change shall be filed with the Division within 30 days after the effective date of such change. If all the requirements of this section are met, the Board shall issue a certificate of authorization to such land surveying corporation or partnership, and such land surveying corporation or partnership shall be authorized to contract for and to collect fees for furnishing surveying services.

(e) The Board may refuse or reject an applicant if, after a hearing, the Board finds that the applicant has practiced surveying without being authorized under this section. Notwithstanding such a finding, the Board may allow licensure of such applicant if the applicant presents to the Board suitable evidence of reform.

(f) No such land surveying corporation or partnership shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of compliance with the provisions of this section, nor shall any individual practicing land surveying be relieved of responsibility for surveying services performed by reason of employment or relationship with such corporation or partnership.

(g) Applicants for a certificate of authorization must comply with the applicable state tax laws of Chapter 23 of Title 30. Proof of such compliance is required by the Division prior to the issuance of a certificate of authorization.

(h) A licensee who practices, or offers to practice, surveying under a name other than that person’s licensed name is required to obtain a certificate of authorization, or to practice under a certificate of authorization.
24 Del. C. § 1310 — Delaware Code / Title 24 / Chapter 13 / Section 1310
§ Â
        1310.  Notifications.
Status: in_force

(a) Notification shall be made to the Section within 14 days after the change of address of any person licensed under this chapter.

(b) Any person licensed or issued an identification card under this chapter shall, excluding weekends and holidays, notify the Board within 5 days of any arrest which could result in a misdemeanor or felony conviction. Failure to report may result in the suspension or revocation of a license.

(c) Any person licensed under §§ 1318, 1319 and 1320 of this title shall report to the Board within 5 days of any instance of violation of this chapter or any rule or regulation by their employees licensed under this chapter.

(d) Any person licensed under §§ 1318, 1319 and 1320 of this title shall report to the Section a current address, telephone number and name of the employee managing the office. In the event there is not an office within the State, then the address, telephone number and name of the compliance agent for the business shall be reported. The compliance agent shall maintain all records including personnel for all agency business within the State and make them available to the Section upon demand within 48 hours.
24 Del. C. § 2017 — Delaware Code / Title 24 / Chapter 20 / Subchapter II / Section 2017
§ Â
        2017. Disciplinary sanctions.
Status: repealed

(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 under § 2015 of this title applies to a licensee:

(1) Issue a letter of reprimand.

(2) [Repealed.]

(3) Place the licensee on probationary status and require the licensee to do any of the following:

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 that the Board prescribes.

(4) Suspend the licensee’s license.

(5) Revoke the licensee’s license.

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

(b) The Board may withdraw or reduce conditions of probation if it finds that the deficiencies which required the probation are remedied.

(c) If a formal or informal complaint concerning the activity of a licensee presents a clear and immediate danger to the public health, safety, or welfare, the Board may temporarily suspend the licensee’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.

(1) An order temporarily suspending a license must not be issued unless the licensee or the licensee’s attorney receives at least 24 hours’ written or oral notice before the temporary suspension, so that the licensee or the licensee’s attorney may file a written response to the proposed suspension.

(2) The decision as to whether to issue the temporary order of suspension must be decided on the written submissions.

(3) 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 licensee requests a continuance of the hearing, in which case the order of temporary suspension remains in effect until the hearing is convened and the Board renders a decision.

(4) A licensee whose license has been temporarily suspended under this section may request an expedited hearing. Upon the licensee’s timely request, the Board shall schedule the hearing on an expedited basis. A request is timely if the licensee provides it to the Board within 5 calendar days from the date that the licensee received notice of the temporary suspension.

(d) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may impose disciplinary or corrective measures authorized under this chapter.

(e) The Board shall permanently revoke the license of a licensee who is convicted of a felony sexual offense.
24 Del. C. § 1791 — Delaware Code / Title 24 / Chapter 17 / Subchapter IX / Section 1791
§ Â
        1791. Refusal to perform or submit to medical procedures.
Status: in_force

(a) No person shall be required to perform or participate in medical procedures which result in the termination of pregnancy; and the refusal of any person to perform or participate in these medical procedures shall not be a basis for civil liability to any person, nor a basis for any disciplinary or other recriminatory action against the person.

(b) No hospital, hospital director or governing board shall be required to permit the termination of human pregnancies within its institution, and the refusal to permit such procedures shall not be grounds for civil liability to any person, nor a basis for any disciplinary or other recriminatory action against it by the State or any person.

(c) The refusal of any person to submit to an abortion or to give consent shall not be grounds for loss of any privileges or immunities to which such person would otherwise be entitled, nor shall submission to an abortion or the granting of consent be a condition precedent to the receipt of any public benefits.
24 Del. C. § 1770 — Delaware Code / Title 24 / Chapter 17 / Subchapter VI / Section 1770
§ Â
        1770. The Regulatory Council for Physician Assistants.
Status: in_force

(a) The Regulatory Council for Physician Assistants (Council) shall consist of 7 voting members, 1 of whom is a physician member appointed by the Board, 1 of whom is a physician who regularly collaborates with physician assistants appointed by the Board, and 1 of whom is a pharmacist appointed by the Board of Pharmacy. The remaining 4 members, recommended by the Council and appointed by the Board, must be practicing physician assistants, subject to the same causes for removal as a physician member of the Board except that the requirement for certification and registration to practice medicine is replaced by licensure to practice medicine as a physician assistant. The Council may elect officers as necessary and recommend Council members to the Governor for appointment to the Board.

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

(c) The Council, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29], shall promulgate rules and regulations governing the practice of physician assistants, subject to approval of the Board. The Board must approve or disapprove any proposed rule or regulation within 60 days of submission by the Council. If the Board fails to approve or disapprove the proposed rules or regulations within 60 days, the proposed rule or regulation is deemed approved by the Board.

(d) The Council shall meet at least on a quarterly basis and at other such times as license applications are pending. The Council shall evaluate the credentials of all applications for licensure as a physician assistant in this State, in order to determine whether the applicant meets the qualifications for licensure set forth in this chapter. The Council shall present to the Board the names of individuals qualified for licensing, shall review and consider disciplinary complaints and recommend disciplinary action against licensees as necessary, and shall suggest changes in operations or regulations.

(e) The Regulatory Council for Physicians Assistants, by the affirmative vote of 4 of its members and with the approval of the Board within 30 days of the vote, may waive the quarterly meeting requirements of this subchapter.
24 Del. C. § 3914D — Delaware Code / Title 24 / Chapter 39D / Section 3914D
§ Â
        3914D. Effective date, 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 seventh member state [April 12, 2024].

(1) On or after April 12, 2024, the Commission shall convene and review the enactment of each of the first 7 member states (“charter member states”) to determine if the statute enacted by each such charter member state is materially different than the model Compact statute.

a. A charter member state whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in § 3913D of this title.

b. If any member state is later found to be in default, or is terminated or withdraws from the Compact, the Commission shall remain in existence and the Compact shall remain in effect even if the number of member states should be less than 7.

(2) Member states enacting the Compact subsequent to the 7 initial charter member states shall be subject to the process set forth in § 3910D(c)(21) of this title to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact.

(3) All actions taken for the benefit of the Commission or in furtherance of the purposes of the administration of the Compact prior to April 12, 2024, or the Commission coming into existence shall be considered to be actions of the Commission unless specifically repudiated by the Commission.

(4) Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules and bylaws shall be subject to the rules and bylaws 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.

(b) 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 180 days after enactment of the repealing statute.

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

(3) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.

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

(d) 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. § 5609 — Delaware Code / Title 24 / Chapter 56 / Section 5609
§ Â
        5609. Powers and duties of constables.
Status: in_force

A commissioned constable shall:

(1) Work within the lawful duties of such commissioned constable’s employment to protect life and property, and preserve peace and good order.

(2) Exercise the same powers as peace officers and law-enforcement officers, including the power to direct, control, or regulate vehicle and pedestrian traffic, in order to protect life and property, while in the performance of the lawful duties of employment.

(3) Execute all lawful orders, warrants and other processes directed to the constable by any court or judge of this State.

(4) Notify the full service police agency, having primary jurisdiction over the location under a constable’s scope of employment, upon the constable’s exercise of lawful authority to make an arrest in the performance of the constable’s duties. It shall be the responsibility of the full service police agency to undertake any necessary investigation and to comply with the reporting demands of the State Bureau of Identification.
24 Del. C. § 5126 — Delaware Code / Title 24 / Chapter 51 / Subchapter II / Section 5126
§ Â
        5126. Exemptions.
Status: in_force

Nothing in this subchapter shall prohibit:

(1) A licensed cosmetologist from performing services as an aesthetician;

(2) Persons authorized by the laws of this State to practice medicine and surgery, dentistry, chiropractic or similar professions, including registered nurses, licensed practical nurses, nurses’ aides, physical therapists and physical therapy assistants from acting within the scope of their profession or occupation.
24 Del. C. § 1181 — Delaware Code / Title 24 / Chapter 11 / Subchapter IV / Section 1181
§ Â
        1181. Enforcement of chapter; prosecution for violations.
Status: repealed

(a) [Repealed.]

(b) All violations of the laws relating to the practice of dentistry and dental hygiene shall be prosecuted in courts of this State by the Attorney General or one of the Attorney General’s deputies.
24 Del. C. § 5214 — Delaware Code / Title 24 / Chapter 52 / Subchapter II / Section 5214
§ Â
        5214. 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. At the beginning of each licensure biennium, the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.
24 Del. C. § 3321 — Delaware Code / Title 24 / Chapter 33 / Subchapter III / Section 3321
§ Â
        3321. Grounds for discipline; procedure.
Status: in_force

(a) A veterinary technician licensed under this subchapter shall be subject to disciplinary actions set forth in § 3322 of this title, if, after a hearing, the Board finds that the veterinary technician:

(1) Has been found guilty of unprofessional conduct as defined in the Board’s rules and regulations;

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

(3) Has illegally, incompetently or negligently practiced as a veterinary technician;

(4) Has been convicted of any crime that is substantially related to the practice of veterinary medicine as determined by the Board or any offense that would limit the ability of the licensee to carry out the licensee’s professional duties with due regard for the health and safety of animals. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefore;

(5) Has expressively used or abused drugs; 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 licensee’s ability to perform the work of a veterinary technician;

(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 wilfully violated any privileged communication;

(8) Has been cruel to animals;

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

(10) Has had that veterinary technician’s license as a veterinary technician 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 1 or more of the acts defined in this chapter. Every person licensed as a veterinary technician in this State shall be deemed to have given consent to the release of this information by the Board of Veterinary Technicians or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;

(11) Has failed to notify the Board that the veterinary technician’s license as a veterinary technician 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.

(b) Subject to the provisions of this chapter and subchapter IV, Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no licensee’s right to practice as a veterinary technician shall be limited by the Board until such licensee 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. § 1792 — Delaware Code / Title 24 / Chapter 17 / Subchapter IX / Section 1792
§ Â
        1792. Assistance or participation in an unlawful termination of human pregnancy.
Status: in_force

No person shall, unless the termination of a human pregnancy has been authorized pursuant to § 1790 of this title:

(1) Sell or give, or cause to be sold or given, any drug, medicine, preparation, instrument or device for the purpose of causing, inducing or obtaining a termination of such pregnancy; or

(2) Give advice, counsel or information for the purpose of causing, inducing or obtaining a termination of such pregnancy; or

(3) Knowingly assist or cause by any means whatsoever the obtaining or performing of a termination of such pregnancy.
24 Del. C. § 5117 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5117
§ Â
        5117. Practicing without a license; penalties.
Status: in_force

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

(b) Where a person not currently licensed as a cosmetologist, barber, electrologist, nail technician, aesthetician or instructor, in any of the professions for which a license is required, is convicted of unlawfully practicing cosmetology, barbering, electrology, nail technology or aesthetics in violation of this chapter, such offender shall, upon the first offense, be fined not less than $100 nor more than $500, and shall pay all costs; provided, however, that where it is alleged that such violation has resulted in injury to any person, the offender shall be charged and tried under the applicable provision or provisions of Title 11.

(c) Where a person previously convicted of unlawfully practicing cosmetology, barbering, electrology, nail technology, or aesthetics or instructing in any of the professions for which a license is required under this chapter, is convicted a second or subsequent time of such offense, the fine assessed against such person shall be not less than $500 nor more than $1,000 for each subsequent offense thereafter.

(d) Where a person in violation of this section unlawfully practiced cosmetology, barbering, electrology, nail technology or aesthetics or instruction of these professions, the shop or school owner and/or manager shall, upon the first offense, be fined not less than $500 nor more than $1000, and shall pay all costs. Upon the second offense and each offense thereafter, the shop or school owner and/or manager shall be fined not less than $1000 nor more than $1500.
24 Del. C. § 2935 — Delaware Code / Title 24 / Chapter 29 / Subchapter II / Section 2935
§ Â
        2935. Duty to cooperate.
Status: in_force

(a) Licensees shall cooperate with all other licensees involved in a transaction except when cooperation is not in the customer’s or client’s best interest. The obligation to cooperate does not include any obligation to share commissions or to otherwise compensate another licensee.

(b) In order to cooperate, licensees shall be reasonably available when requested by their customer or client to:

(1) Accept delivery of and present to the customer or client offers and counteroffers to buy, sell, or lease the customer’s or client’s property, or the property the customer or client seeks to purchase or lease;

(2) Assist the customer or client in developing, communicating, negotiating, and presenting offers, counteroffers, and notices that relate to offers and counteroffers until the agreement of sale or lease is signed and all contingencies are satisfied or waived; and

(3) Answer the customer’s or client’s questions relating to the offers, counteroffers, notices, negotiations, and contingencies; and

(4) Hold the escrow deposit.

(c) In order to cooperate, licensees shall be reasonably available when requested by a cooperating licensee to undertake the activities described in subsection (b) of this section, but only after disclosing the request to their customer or client and receiving written authorization to undertake the requested activity. If the customer or client fails to authorize the licensee to undertake the requested activity, the licensee shall not undertake such activity. If the broker’s or brokerage organization’s business model includes offering all of the services explained in the CIS, rather than having separate charges for distinct real estate services, the CIS is sufficient disclosure or written authorization to undertake the activities described in subsection (b) of this section.
24 Del. C. § 3301 — Delaware Code / Title 24 / Chapter 33 / Subchapter I / Section 3301
§ Â
        3301. Objectives of Board.
Status: in_force

The primary objective of the Board of Veterinary Medicine, to which all other objectives and purposes are secondary, is to protect the general public (specifically those persons who are 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 complaints hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners, both licensed and formerly licensed.
24 Del. C. § 206 — Delaware Code / Title 24 / Chapter 2 / Section 206
§ Â
        206. Qualifications of applicant; report to Attorney General; judicial review.
Status: repealed

(a) An applicant who is applying for licensure under this chapter shall have 1 of the following qualifications:

(1) Graduated from a school or college of landscape architecture approved or accredited by the National Council of Landscape Architectural Registration Boards, the American Society of Landscape Architects Landscape Architectural Accreditation Board, or other legitimate national association of landscape architects and acquired at least 2 years of professional experience in the practice of landscape architecture acceptable to the Board under the direct supervision of a licensed landscape architect.

(2) Completed 2 years of courses in landscape architecture acceptable to the Board taken from a school or college of landscape architecture approved or accredited by the National Council of Landscape Architectural Registration Boards, the American Society of Landscape Architects Landscape Architectural Accreditation Board, or other legitimate national association of landscape architects and acquired 4 years of professional experience in the practice of landscape architecture acceptable to the Board under the direct supervision of a licensed landscape architect.

(b) An applicant shall be required to pass the uniform national examination, prepared and graded by the National Council of Landscape Architectural Registration Boards.

(c) An applicant may not have been convicted of a crime that is substantially related to the practice of landscape architecture; if however, after considering the factors set forth in § 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 subsection.

(1)-(4) [Repealed.]

(d) Each applicant shall provide such information as may be required on an application form designed and furnished by the Board. No application form shall require a picture of the applicant; require information relating to citizenship, place of birth, length of state residency; nor require personal references.

(e) 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.

(f) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for that person than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
24 Del. C. § 2601 — Delaware Code / Title 24 / Chapter 26 / Section 2601
§ Â
        2601. Objectives of Board.
Status: in_force

The primary objective of the Examining Board of Physical Therapists and Athletic Trainers, to which all other objectives and purposes are secondary, is to protect the general public (especially those persons who are direct recipients of services regulated by this chapter) from unsafe practices and from occupational practices which tend to reduce competition or to 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 regulated practitioners of occupational groups under the jurisdiction of the Board; shall adjudicate at formal complaint hearings; shall develop rules and regulations; and shall impose sanctions where necessary against persons in the occupational groups regulated by the Board.