24 Del. C. § 2512 — Delaware Code / Title 24 / Chapter 25 / Subchapter II / Section 2512
§ Â
        2512. Issuance and renewal of license [Effective until June 30, 2026].
Status: in_force

(a) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure to practice pharmacy and who pays the fee established under § 2511 of this title.

(b) A license to practice pharmacy must be renewed biennially, in a manner determined by the Division. License renewal must include the completion and submission of a renewal form provided by the Division, payment of the appropriate fee, and proof that the licensee has met the continuing education requirements established by the Board.

(c) The Board shall not renew any license to any applicant unless and until the applicant has offered proof that the applicant has completed continuing professional education relating to:

(1) The distribution, dispensing or delivery of controlled substances, as defined in this chapter; or

(2) The detection and recognition of symptoms, patterns of behavior, or other characteristic of impairment and dependency resulting from the abusive or illegal use of controlled substances; and

(3) Other topics as the Board deems appropriate.

(d) The Board, in its rules and regulations, shall determine the period of time within which a licensee may renew that licensee’s own license, notwithstanding the fact that the licensee failed to renew that licensee’s own license on or before the designated renewal date; provided, however, that the period of time may not exceed 1 year beyond the designated renewal date.

(e) A licensee, upon the licensee’s written request, may be placed on inactive status for no more than 4 years. A licensee on inactive status who desires to reactivate that licensee’s own license shall complete and submit an application form approved by the Board, submit the renewal fee set by the Division, and submit proof of fulfillment of the continuing education requirements established by the Board.

(f) If a licensee is on inactive status for more than 4 years, that licensee may be relicensed, but only by following the reentry process established by the Board in its rules and regulations.
24 Del. C. § 1919 — Delaware Code / Title 24 / Chapter 19 / Section 1919
§ Â
        1919. Nursing educational programs.
Status: in_force

(a) An institution desiring to conduct a nursing education program shall apply to the Board and submit satisfactory evidence that it is ready and qualified to instruct students in the prescribed basic curriculum for educating nurses and that it is prepared to meet other standards which may be established by the Board. The Board may authorize the temporary operation of a nursing education program pending evaluation for approval. The Board shall grant approval in writing. The Board may visit and survey any nursing education program at any reasonable time.

(b) If the Board determines that any approved nursing education program is not maintaining the standards required by this chapter and by the Board, written notice thereof, specifying the deficiency and the time within which the same shall be corrected, shall immediately be given to the program. The Board shall withdraw such program’s approval if it fails to correct the specified deficiency, and such nursing education program shall discontinue its operation; provided, however, that the Board shall grant a hearing to such program upon written application and extend the period for correcting specified deficiency upon good cause being shown.

(c) An approved nursing education program which plans substantive changes, as defined in the Board’s rules and regulations, shall obtain the written approval of the Board prior to the date of the change.

(d) Any nursing education program in the State that is recognized as an approved program by the Board of Nursing on or after July 1, 1983, shall be deemed to be an approved education program for the purpose of this chapter.
24 Del. C. § 1764 — Delaware Code / Title 24 / Chapter 17 / Subchapter V / Section 1764
§ Â
        1764. State revenue.
Status: in_force

The provisions of this chapter may not be construed to interfere with the operation of the provisions of Title 29 relating to state licenses and taxes.
24 Del. C. § 1768 — Delaware Code / Title 24 / Chapter 17 / Subchapter V / Section 1768
§ Â
        1768. Immunity of boards of review; confidentiality of review board record.
Status: in_force

(a) The Board of Medical Licensure and Discipline and the Medical Society of Delaware, their members, and the members of any committees appointed by the Board or Society; the members of any committee appointed by a certified health maintenance organization; members of hospital and osteopathic medical society committees; members of a professional standards review organization established under federal law; and members of other peer review committees or organizations whose function is the review of medical records, medical care, and physicians’ work, with a view to the quality of care and utilization of hospital or nursing home facilities, home visits, and office visits, are immune from claim, suit, liability, damages, or any other recourse, civil or criminal, arising from any act, omission, proceeding, decision, or determination undertaken or performed, or from any recommendation made, so long as the person acted in good faith and without gross or wanton negligence in carrying out the responsibilities, authority, duties, powers, and privileges of the offices conferred by law upon them, with good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.

(b) Unless otherwise provided by this chapter, the records and proceedings of committees and organizations described in subsection (a) of this section are confidential and may be used by those committees or organizations and the members thereof only in the exercise of the proper functions of the committee or organization. The records and proceedings are not public records and are not available for court subpoena, nor are they subject to discovery. A person in attendance at a meeting of any such committee or organization is not required to testify as to what transpired at the meeting. A person certified to practice medicine, or a hospital, organization, or institution furnishing, in good faith and without gross or wanton negligence, information, data, reports, or records to such a committee or organization or a member thereof with respect to any patient examined or treated by a person certified to practice medicine or examined, treated, or confined in the hospital or institution is not, by reason of furnishing such information, data, reports, or records, liable in damages to any person or subject to any other recourse, civil or criminal. Nothing in this subsection prevents the Board from providing information, data, reports, or records in its possession to a medical, osteopathic, or other licensing board of any other state or territory of the United States regarding a person who is certified to practice medicine under this chapter, or otherwise regulated by this chapter, or who has been certified under this chapter or who has attempted to be certified under this chapter. The Board shall take reasonable steps to protect the identity of the patient in so far as such protection does not, in the opinion of the Board, adversely affect the Board’s ability to protect the public interest. The Board and its members and employees are not liable in any cause of action arising out of the providing of information, data, reports, or records provided that the person has acted in good faith and without gross or wanton negligence. This section may not be construed to create a privilege or right to refuse to honor a subpoena issued by or on behalf of the Board of Medical Licensure and Discipline pursuant to § 1731A(d) of this title, or issued by the Attorney General pursuant to § 2504(4) of Title 29, nor may it be construed to limit access to records by rights-protection agencies whose access is authorized by federal law. Notwithstanding the foregoing, in cases in which any disciplinary action by the Board was issued, the formal complaints prepared by the Delaware Department of Justice and the results of the hearings are not confidential and are public records except insofar as they contain confidential patient information or are otherwise subject to an exception under Chapter 100 of Title 29.
24 Del. C. § 1424 — Delaware Code / Title 24 / Chapter 14 / Subchapter III / Section 1424
§ Â
        1424. Penalty.
Status: in_force

A person, not currently licensed as an electrician or exempt from licensure under this chapter, when guilty of performing electrical work, or using in connection with that person’s name, or otherwise assuming or using any title or description conveying, or tending to convey, the impression that the person is qualified to perform electrical work, such offender shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 nor more than $1,500 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,500 nor more than $2,300 for each offense. Justice of the Peace Courts shall have jurisdiction over all violations of this chapter.
24 Del. C. § 2547 — Delaware Code / Title 24 / Chapter 25 / Subchapter VI / Section 2547
§ Â
        2547. Entry and inspection; penalty [Effective until June 30, 2026].
Status: in_force

A person who commits the offense of hindering in any manner an entry or inspection under § 2534 or § 2544 of this title may be fined not more than $500 for each incident.
24 Del. C. § 3060 — Delaware Code / Title 24 / Chapter 30 / Subchapter V / Section 3060
§ Â
        3060. Definitions.
Status: in_force

As used in this subchapter:

(1) “Art therapy” means a mental health discipline that integrates use of psychotherapeutic principles, art media, and the creative process to assist individuals, families, or groups in, doing all of the following:

a. Increasing awareness of self and others.

b. Coping with symptoms, stress, and traumatic experiences.

c. Enhancing cognitive abilities.

d. Identifying and assessing clients’ needs in order to implement therapeutic interventions to meet developmental, behavioral, mental, and emotional needs.

(2) “Art therapy services” means all of the following services:

a. Clinical appraisal and treatment activities during individual, couples, family, or group sessions which provide opportunities for expression through art therapy.

b. Using the process and products of art creation to tap into clients’ inner conflicts, fears, and core issues.

c. Employing diagnostic and assessment methods, consistent with training and experience, to determine treatment goals and implement therapeutic art interventions which meet developmental, cognitive, behavioral, and emotional needs.

d. Employing art media, the creative process, and the resulting artwork to assist clients to do all of the following:

1. Reduce psychiatric symptoms of depression, anxiety, post-traumatic stress, and attachment disorders.

2. Enhance neurological, cognitive, and verbal abilities; develop social skills; aid sensory impairments; and move developmental capabilities forward in specific areas.

3. Cope with symptoms of stress, anxiety, traumatic experiences, and grief.

4. Explore feelings, gain insight into behaviors, and reconcile emotional conflicts.

5. Improve or restore functioning and a sense of personal well-being.

6. Increase coping skills, self-esteem, awareness of self, and empathy for others.

7. Improve healthy channeling of anger and guilt.

8. Improve school performance, family functioning, and parent/child relationships.

(3) “Board” means the Board of Mental Health and Chemical Dependency Professionals established under § 3003 of this title.

(4) “Licensed associate art therapist” (LAAT) means an individual licensed as an associate art therapist under this chapter who obtains supervised experience from a licensed professional art therapist (LPAT), or other qualified mental health professional approved by the Board for the purposes of becoming licensed as a licensed professional art therapist.

(5) “Licensed professional art therapist” (LPAT) means an individual licensed to practice art therapy under this chapter who offers to individuals, families, or groups professional art therapy services directly to the general public, through public or private organizations, or through use of telemedicine in a manner deemed appropriate in regulation.

(6) “Supervised experience” means face-to-face consultation, on a regularly scheduled basis, between a supervisee and a licensed professional art therapist (LPAT) or other behavioral health professional approved by the Board. The Board approved supervisor is responsible for insuring that the extent, kind, and quality of the services rendered are consistent with the supervisee’s education, training, and experience.

(7) “Telemedicine” means as defined in § 3002 of this title.
24 Del. C. § 1912 — Delaware Code / Title 24 / Chapter 19 / Section 1912
§ Â
        1912. Reciprocity for registered nurse.
Status: in_force

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

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

(c) Verification of current Delaware license is provided upon request to other state boards of nursing.
24 Del. C. § 4010 — Delaware Code / Title 24 / Chapter 40 / Subchapter II / Section 4010
§ Â
        4010. Temporary license.
Status: in_force

(a) A real estate appraiser from another state, who is licensed or certified by the appraiser licensing or certifying agency in such state, may apply for registration to receive temporary licensing or certification privileges in this State by paying all required fees and filing with the Council an application, on a form prescribed by the Council for such purpose, which shall set forth and include:

(1) The applicant’s name, address, social security number, and such other information as may be necessary to identify the applicant; and

(2) The type of license or certificate held by the applicant and the license or certificate number;

(3) The dates of licensure or certification and the expiration date of the applicant’s current license or certificate;

(4) Whether the license or certificate was issued as a result of passing a licensure or certification examination, by reciprocity, or by some other means;

(5) A statement that the person has met the requirements of § 4008(a)(2), (3), (4), and (5) of this title;

(6) A statement that the applicant agrees to abide by all appraiser laws and rules of this State and to cooperate with any investigation initiated as provided under this chapter;

(7) Identification of the property to be appraised and the anticipated duration of the assignment; and

(8) Such other information as may be necessary to determine the applicant’s eligibility for temporary appraiser licensing or certification privileges in this State.

(b) Licensing and certification privileges granted under the provisions of this section shall expire upon completion of the specific appraisal assignment for which the Council has issued the temporary license or certificate.

(c) The Division is empowered to issue a temporary license or certificate to an appraiser from another state, who has documented compliance with the requirements of this section.
24 Del. C. § 3713 — Delaware Code / Title 24 / Chapter 37 / Subchapter II / Section 3713
§ Â
        3713. Temporary license [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: in_force

(a) The Board may issue a temporary license to practice speech/language pathology in this State to an applicant who completes the application and pays the temporary license fee; and who, in addition, has completed all academic and clinical practicum requirements in that applicant’s specialty but who has not completed a clinical fellowship (cf). The application shall be accompanied by a copy of the Cf plan signed by a sponsor holding a valid state license as a speech/language pathologist.

(b) The temporary license issued to a speech/language pathologist shall expire at the end of 1 year from issuance. The temporary license may be renewed 3 times for a maximum of 48 months. The licensee must apply on a yearly basis for renewal of the temporary license. The request for renewal must be received prior to expiration of the temporary license.

(c) The Board may issue a temporary license to dispense prescription hearing aids to an applicant waiting to take the examination for licensure who completes the application and pays the application fee. The application must be accompanied by a statement from a Delaware-licensed audiologist or hearing aid dispenser who affirms that the licensed audiologist or hearing aid dispenser will provide direct supervision and training of the applicant during the period of temporary licensure.
24 Del. C. § 2938 — Delaware Code / Title 24 / Chapter 29 / Subchapter II / Section 2938
§ Â
        2938. Consumer information statement; confidentiality.
Status: in_force

(a) The Commission shall establish by rule and regulation a consumer information statement (“CIS”). The Commission may provide alternative consumer information statements for residential properties, properties that do not contain any residential units, commercial transactions, property management, or other brokerage situations as the Commission deems appropriate. At a minimum, the form shall provide a summary of what a licensee is permitted or prohibited from doing as provided by §§ 2935 and 2936 of this title. The CIS shall explain the circumstances when the consumer may hire the licensee as a common law agent, but that this would require other detailed disclosures of conflicts of interests and could involve significant potential legal liability and financial risk for the consumer.

(b) The consumer information statement required by this chapter shall be delivered to the consumer no later than the earlier of:

(1) The first scheduled appointment;

(2) The first showing of a property; or

(3) Making an offer;

unless the consumer has already been given the CIS by another licensee. A listing licensee who knows that the buyer is working with another licensee is not required to give that buyer a CIS. A licensee working with a buyer who knows that the seller is working with another licensee is not required to give a CIS to that seller. The CIS must be signed by the customer or client prior to signing an agreement of sale, listing agreement or any other brokerage agreement, unless otherwise exempt from providing a CIS.

(c) The CIS shall be available to the consumer at open houses, but does not need to be personally presented by the licensee unless the consumer asks for more than factual information about the property or expresses interest in making an offer on the property during the open house.

(d) The duties of confidentiality as required by § 2936(c) of this title begin upon the first contact between a licensee and the customer. The other statutory duties between a licensee and client as required by this subchapter begin upon the earlier of:

(1) The first scheduled appointment;

(2) The first showing of a property;

(3) Making an offer; or

(4) Otherwise working for the client;

unless a CIS is signed indicating there is no agency relationship. For transactions exempt from providing the CIS, the duties of the agent commence when the parties form an agency relationship.

(e) Nonrenewable leases of 120 days or less are exempt from the requirement to provide the CIS to the potential tenant; provided, however, that the duties of confidentiality required by § 2936(c) of this title and the rest of this chapter still apply to those leases. The broker may still choose to provide the CIS as a matter of brokerage organization policy.

(f) Transactions of properties other than those marketed as:

(1) One-to-4 family residential properties; or

(2) Single lot sales of land intended for a 1-to-4 family residence;

are exempt from the requirement to provide the CIS to the potential parties; however the balance of this chapter shall still apply unless specifically exempted. In lieu of providing a CIS, the agreement of sale or lease shall include the following language after the confirmation of the agency relationships:

“The parties acknowledge that they have certain rights and responsibilities under Delaware agency law (Title 24 of the Delaware Code, Chapter 29) and may consult with their legal counsel.”

(g) For rental of residential property not otherwise exempt from the requirement to provide the CIS, the CIS shall be given to the potential tenant no later than the earlier of:

(1) The first scheduled appointment;

(2) The first showing of a property; or

(3) Making an offer,

but does not need to be signed until the potential tenant decides to complete a rental application or the signing of a lease.
24 Del. C. § 2525 — Delaware Code / Title 24 / Chapter 25 / Subchapter III / Section 2525
§ Â
        2525. Testing, screening, and treatment of health conditions [Effective until June 30, 2026].
Status: in_force

(a) Pursuant to a statewide written protocol approved by the Division of Public Health, a pharmacist may order, test, screen, and treat health conditions that include all of the following:

(1) Influenza.

(2) Group A streptococcus pharyngitis.

(3) SARS-COV-2 or other respiratory illness, condition, or disease.

(4) Lice.

(5) Skin conditions, including ringworm and athlete’s foot.

(6) Other emerging and existing public health threats identified by the Division of Public Health if permitted by an order, rule, or regulation.

(b) A pharmacist who orders, tests, screens, or treats health conditions under this section may use any test that may guide clinical decision making that is waived under the federal Clinical Laboratory Improvement Amendments of 1988 [42 U.S.C. § 263a], or the federal rules adopted thereunder, or any established screening procedure that is established via a statewide protocol.

(c) A pharmacist may delegate the administrative and technical tasks of performing a test waived by the federal Clinical Laboratory Improvement Amendments of 1988 to an intern or pharmacy technician acting under the supervision of the pharmacist.

(d) Prohibit the denial of reimbursement under health benefit plans for services and procedures performed by a pharmacist that are within the scope of the pharmacist’s license and would be covered if the services or procedures were performed by a physician, an advanced practice nurse, or physicians assistant.
24 Del. C. § 4403 — Delaware Code / Title 24 / Chapter 44 / Subchapter I / Section 4403
§ Â
        4403. Definitions.
Status: in_force

For the purposes of this chapter, the following terms and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

(1) “Applicant” means any person, individual, natural person who seeks to become licensed as a manufactured housing installer.

(2) “Approval decal” means the decal approved by and purchased from the Board on which an installer shall inscribe the date of setup, the name of the installer, and the number of the installer’s license. Affixing an approval decal to the manufactured home data plate signifies the installer’s certification that the home was installed in accord with all applicable laws, rules and regulations.

(3) “Authorized inspection agency” means a state, county, or municipal administrative department or agency, or other instrumentality of the State of Delaware, that has been assigned the function of inspecting manufactured home installations to ensure compliance with this chapter and the Board’s rules and regulations or inspectors hired by the State, county or municipal administrative department or agency on a contract basis to perform inspections.

(4) “Board” means the Manufactured Home Installation Board.

(5) “Division” means the Division of Professional Regulation.

(6) “Homeowner” means, for purposes of this chapter, an individual who owns manufactured housing in Delaware that is used as a residence.

(7) “Installation” means the assembly of manufactured homes on site and the process of affixing manufactured homes to the land by the use of a foundation, footings, utilities, or to an existing building. The term includes the process of affixing manufactured home components to or within the housing structure for which they are designated. It shall also mean the installation of support and or anchoring systems to secure the home to the ground.

(8) “Installation Code” means the requirements for installation of a manufactured home or housing as they are set forth in this chapter.

(9) “Installation instructions” means written instructions provided by the manufacturer in the installation manual, or equivalent, which accompanies each manufactured home when it leaves the factory, and that detail the manufacturers requirements for ground support, anchoring systems, and other work to be completed on site during the installation process. If there are no manufacturer’s instructions available then the term means either NCSBCS/ANSI 225.1, 1994 national standards, as amended, or in accordance with plans sealed by a registered professional engineer designed for that specific home.

(10) “Installer” means any person who is engaged in the business of performing manufactured housing installations as they are defined above. Any individual who is acting at all times under the supervision of a licensee need not be licensed in order to assist in the installation of manufactured housing.

(11) “Licensee” means any person who has completed the required training and who has paid the applicable fee for and received a license, under this chapter, for the installation of manufactured housing.

(12) a. “Manufactured home” or “Manufactured housing’ means a factory-built, single-family dwelling:

1. Transportable in 1 or more sections, which is either 8 body feet or more in width and 40 body feet or more in length, or, when erected on site, has more than 400 square feet in living area; and

2. With or without a permanent foundation and designed to be used as a year-round dwelling when connected to the required utilities; and

3. If manufactured since June 15, 1976, built in accordance with manufactured housing construction requirements promulgated by the federal Department of Housing and Urban Development (HUD) or by other applicable codes.

b. The terms “manufactured home” and “manufactured housing” are synonymous with the term “manufactured home” as that term is used and defined in Chapter 70 of Title 25, but shall not be interpreted to include any recreational vehicle, recreational trailer, travel trailer, park trailer, camping trailer, or truck camper as those terms are defined in Chapter 1 of Title 21.

(13) “Manufactured home installation inspector” means any person who holds a manufactured home installation inspector’s certificate issued pursuant to this chapter.

(14) “NCSBCS/ANSI 225.1, 1994” means the National Conference of States on Building Codes and Standards, Inc., American National Standard Home Installations, as adopted on January 4, 1994, as amended.

(15) “New manufactured home” means a manufactured home that has not been previously sold or previously installed. Homes that would otherwise have been considered new under this paragraph shall not lose that status as a result of having been set up on a temporary basis for display in a retail sales center, facility or its equivalent.

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

(17) “Previously owned manufactured home” means any manufactured home that has been previously sold and been subject to an installation as defined herein.

(18) “Recreational vehicle” means a travel trailer, camping trailer, park model trailer, campers, or motor homes which are primarily designed as temporary living quarters for recreational camping, seasonal or travel use and which either have their own motor power or are mounted on or drawn by another vehicle.

(19) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the person’s fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the work of a manufactured home installer.

(20) “Supervision” means managing the acts of another by overseeing the performance or operation of the person and by taking full responsibility for acts or omissions of the person that are being performed at the direction of a licensee or under the authority of a licensee’s license.

(21) “Unauthorized practitioner” means any person, who engages in the occupational practices regulated by the Board, and who is not licensed or certified by the Board to do so.
24 Del. C. § 2936 — Delaware Code / Title 24 / Chapter 29 / Subchapter II / Section 2936
§ Â
        2936. Broker, associate broker and salesperson as a statutory agent.
Status: in_force

(a) Unless specifically hired as a common law agent by a written brokerage agreement, a licensee is a statutory agent and not a common law agent for any party. The broker may from time to time designate 1 or more associate brokers or salespersons licensed under that broker to be the designated associate broker or associate brokers or salesperson or salespersons of a client or clients to the exclusion of all others in the brokerage organization.

(b) Obligations and responsibilities. — A licensee shall to the extent applicable to their functions have the following obligations and responsibilities:

(1) Performing the duties required by this chapter;

(2) Performing the terms of the written brokerage agreement, if any;

(3) Exercising reasonable skill and care as a licensee;

(4) Advising the parties to obtain expert advice on material matters about which the licensee knows but the specifics of which are beyond the expertise of such licensee;

(5) Accounting in a timely manner for all money and property received;

(6) Helping to keep the parties informed regarding the progress of the transaction;

(7) Performing ministerial tasks to assist the parties in complying with the terms and conditions of any contract;

(8) Disclosing to all prospective buyers or tenants any adverse material facts actually known by the licensee;

(9) Informing the parties that they shall not be vicariously liable for acts of other licensees;

(10) Informing the parties that notice given to the designated licensee is considered notice to their client;

(11) Informing the parties that oral or written statements made by a licensee without the consent of the party do not bind the party and may not be relied upon by anyone as binding a party. As such, all statements and negotiations shall need to be authorized by or signed by the parties themselves to be binding on the parties unless otherwise stated in the brokerage agreement, agreement of sale, lease, or power of attorney;

(12) Complying with all requirements of this chapter and any rules and regulations promulgated pursuant to this chapter;

(13) Complying with any applicable federal, state, or local laws, rules, regulations, or ordinances; and

(14) Following fair housing and civil rights laws and regulations.

(c) Confidentiality. — The following information shall not be disclosed by a licensee without the informed consent of the affected party:

(1) That a buyer or tenant is willing to pay more than the purchase price or lease rate offered for the property;

(2) That a seller or landlord is willing to accept less than the asking price or lease rate for the property;

(3) What the personal motivating factors are for any party to a transaction;

(4) That a seller, buyer, landlord, or tenant will agree to terms other than those offered;

(5) Any material confidential information about the parties or property unless disclosure is required by statute or regulation or failure to disclose such information would constitute fraud or intentional misrepresentation;

(6) Any facts or suspicions regarding circumstances which may psychologically impact or stigmatize any real property pursuant to § 2927 of this title unless required to be disclosed by § 2927 of this title; or

(7) Any facts or suspicions that any party or someone in the community is a registered sex offender under subchapter III of Chapter 41 of Title 11 as amended from time to time, but if asked shall refer the person to the Delaware State Police to seek this information.

(d) Confidentiality exception. — For transactions of properties other than those marketed as:

(1) One-to-4 family residences; or

(2) Single family lots of land intended for 1-to-4 family residence;

designated agents who are not dual agents are exempt from subsection (c) of this section; instead, a duty of confidentiality by the agent to the client shall apply after a client relationship is formed.

(e) Actions permitted by agents. — An agent may do the following without breaching any obligation, duty, or responsibility to a customer or client:

(1) List and advertise competing properties for sale or lease;

(2) Show customers or clients alternative properties not owned by their broker’s other clients;

(3) Show properties in which 1 customer or client is interested to their other customers or clients;

(4) Present offers on the same property for more than 1 customer or client:

(5) Disseminate information that is generally available to licensees. For example, providing information on comparable sales and the licensee’s interpretation, advice, and opinion about this information with the customer or client retaining the authority to decide what to do with this information;

(6) Assist buyers and sellers in preparing offers and counteroffers, providing that the forms used advise the parties that they may seek legal advice prior to signing. Presenting all offers and counteroffers in a timely manner regardless of whether the property is subject to a contract for sale, lease or letter of intent unless instructed otherwise by the customer or client;

(7) Develop negotiating strategies or options for how to proceed with a transaction;

(8) Perform ministerial tasks;

(9) Serve as a single agent, sub-agent, or dual agent for the same parties in different transactions or different parties concerning the same property. For example, the licensee could be a statutory agent for the sellers in 1 transaction and a common law agent for the same people as buyers in another transaction;

(10) Cooperate with other licensees; however, for 1-to-4 family residences or single family lots of land intended for 1-to-4 family residences they shall not engage any common law subagents from other brokers or brokerage organizations;

(11) Disclose information concerning a transaction among the broker, designated associate broker(s) or designated salesperson(s), and office staff working for the brokerage organization on that transaction;

(12) Provide customers with factual information they request. Provide clients with relevant factual information. Tell clients about their choices of how to proceed and provide them with relevant information. Provide clients with information and advice when presented with questions from the client or a request for advice.

(f) No imputed knowledge. — There is no imputation of knowledge or information by operation of law among or between the customer, client, broker, associate broker, salesperson, brokerage organization and other licensees or persons within a brokerage organization.

(g) Notice. — Notice as defined by law or in the agreement of sale or lease given to a party shall be considered effective notice. Unless specified otherwise in the agreement of sale or lease, notice only given to a designated associate broker(s) or salesperson(s) shall also be considered effective notice to the client of that associate broker or salesperson. Notice to the broker is not considered notice to the designated associate broker(s), designated salesperson(s), or client. Notice only to the designated associate broker or salesperson is not considered notice to the broker, or the rest of the brokerage organization.
24 Del. C. § 2508 — Delaware Code / Title 24 / Chapter 25 / Subchapter II / Section 2508
§ Â
        2508. Qualifications of applicant; judicial review; report to Attorney General [Effective until June 30, 2026].
Status: repealed

(a) An applicant for a license to practice pharmacy must submit evidence, verified by oath or affirmation and satisfactory to the Board, that the applicant has completed the requirements for graduation from a school or college of pharmacy accredited by the American Council on Pharmaceutical Education; or, if the applicant is a graduate of a foreign school or college of pharmacy, that the applicant graduated and received a pharmacy degree from a pharmacy degree program which has been approved by the Board.

(b) An applicant for a license to practice pharmacy must obtain practical experience in the practice of pharmacy during and/or after attendance at a school or college of pharmacy, under such terms and conditions as the Board determines. The Board shall also determine the necessary qualifications for preceptors used in internships or other programs.

(c) The Board shall determine whether an applicant whose conduct or status is described in 1 or more of the following paragraphs of this subsection is qualified to engage in the practice of pharmacy. In making this determination, the Board shall consider whether the applicant’s conduct is or is not related to the practice of pharmacy and whether licensure of the applicant will or will not present a risk to public health, safety, or welfare, and shall conduct its analysis of criminal history records consistent with the provisions of § 8735(x) of Title 29.

(1) The applicant received an administrative penalty regarding the practice of pharmacy, including but not limited to fines, formal reprimands, license suspension or revocation (except for license revocation for nonpayment of license renewal fees), probationary limitations, or entry into a consent agreement which contains conditions placed by a Board on the applicant’s professional conduct and practice, including the voluntary surrender of the applicant’s license to practice pharmacy.

(2) The applicant has an impairment related to drugs, alcohol, or mental competence.

(3) The applicant has a criminal conviction record or a pending criminal charge related to a crime that is substantially related to the practice of pharmacy. However, after a hearing or review of documentation and consideration of the factors set forth in § 8735(x)(3) of Title 29, the Board by an affirmative vote of a majority of the quorum, shall waive this paragraph (c)(3), if it finds that granting a waiver would not create an unreasonable risk to public safety.

a.-d. [Repealed.]

(d) An applicant shall submit fingerprints and other necessary information in order to obtain a report of the individual’s entire criminal history record from the State Bureau of Identification and from the Federal Bureau of Investigation pursuant to Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C § 534). If the applicant does not have a criminal history record, the applicant shall cause to be submitted a statement from each agency that the agency has no record of criminal history information relating to the applicant. The State Bureau of Identification shall be the intermediary for the purpose of this subsection and the Board, or its designee, shall be the screening point for the receipt of the federal criminal history record. The applicant is responsible for the required fee, if any, for obtaining the records.

(e) If the Board finds that false information has been intentionally provided to the Board, it shall report its finding to the Attorney General’s Office for further action.

(f) If the Board refuses to accept, or rejects, an application and the applicant believes that the Board acted without justification, or imposed higher or different standards for the applicant than for other applicants, or in some other unlawful manner contributed to or caused the refusal or rejection of the application, the applicant may appeal to the Superior Court.
24 Del. C. § 3513 — Delaware Code / Title 24 / Chapter 35 / Subchapter II / Section 3513
§ Â
        3513. Issuance and renewal of licenses; registration.
Status: in_force

(a) The Board shall issue a license or register each applicant who meets the requirements of this chapter for licensure as a psychologist or registration as a psychological assistant and who pays the fee established under § 3512 of this title.

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

(c) The Board, in its rules and regulations, shall determine the period of time within which a licensed psychologist or registered psychological assistant may still renew such licensee’s or registrant’s license, notwithstanding the fact that such licensee or registrant has failed to renew on or before the renewal date.

(d) All individuals licensed under this chapter 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, 2013, at the applicant’s expense, fingerprints and other necessary information in order to obtain a criminal background check.

(e) All individuals licensed under this chapter, upon written request, may be placed in an inactive status in accordance with the Board’s rules and regulations. Such person may reenter practice upon written notification to the Board of the intent to do so and completion of continuing education as required in the Board’s rules and regulations. The Board may establish by regulation provisions for resuming active status.
24 Del. C. § 1799NN — Delaware Code / Title 24 / Chapter 17 / Subchapter XIII / Section 1799NN
§ Â
        1799NN. Duty to report conduct that constitutes grounds for discipline or inability to practice.
Status: in_force

(a) Every person to whom a license to practice has been issued under this subchapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter or any other health-care provider has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other health-care provider’s licensing statute.

(b) Every person to whom a license to practice has been issued under this subchapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter or any other health-care provider may be unable to practice with reasonable skill and safety to the public by reason of: mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive abuse of drugs, including alcohol.

(c) Every person to whom a license to practice has been issued under this subchapter has a duty to report to the Division of Professional Regulation any information that the reporting person reasonably believes indicates that a person certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to clients by reason of: mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol.

(d) All reports required under subsections (a), (b) and (c) of this section must be filed within 30 days of becoming aware of such information. 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.
24 Del. C. § 2019 — Delaware Code / Title 24 / Chapter 20 / Subchapter II / Section 2019
§ Â
        2019. 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 a 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 or probation.

(b) An applicant for reinstatement shall pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension or probation have been met. The Board may also require that the applicant meet the continuing education requirements of this chapter.

(c) [Repealed.]
24 Del. C. § 3907D — Delaware Code / Title 24 / Chapter 39D / Section 3907D
§ Â
        3907D. Reissuance of a Multistate License by a new home state.
Status: in_force

(a) A Licensee can hold a Multistate License, issued by their home state, in only 1 member state at any given time.

(b) If a licensee changes their home state by moving between 2 member states:

(1) The licensee shall immediately apply for the reissuance of their Multistate License in their new home state. The licensee shall pay all applicable fees and notify the prior home state in accordance with the rules of the Commission.

(2) Upon receipt of an application to reissue a Multistate License, the new home state shall verify that the Multistate License is active, unencumbered, and eligible for reissuance under the terms of the Compact and the rules of the Commission. The Multistate License issued by the prior home state will be deactivated and all member states notified in accordance with the applicable rules adopted by the Commission.

(3) Prior to the reissuance of the Multistate License, the new home state shall conduct procedures for considering the criminal history records of the licensee. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.

(4) If required for initial licensure, the new home state may require completion of jurisprudence requirements in the new home state.

(5) Notwithstanding any other provision of this Compact, if a licensee does not meet the requirements set forth in this Compact for the reissuance of a Multistate License by the new home state, then the licensee shall be subject to the new home state requirements for the issuance of a single state license in that state.

(c) If a Licensee changes their primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, then the licensee shall be subject to the state requirements for the issuance of a single state license in the new home state.

(d) Nothing in this Compact shall interfere with a licensee’s ability to hold a single state license in multiple states; however, for the purposes of this Compact, a licensee shall have only 1 home state, and only 1 Multistate License.

(e) Nothing in this Compact shall interfere with the requirements established by a member state for the issuance of a single state license.
24 Del. C. § 2004A — Delaware Code / Title 24 / Chapter 20A / Section 2004A
§ Â
        2004A. State participation in the Compact.
Status: in_force

(a) To participate in the Compact, a member state shall:

(1) License occupational therapists and occupational therapy assistants.

(2) Participate fully in the Commission’s data system, including but not limited to using the Commission’s unique identifier as defined in rules of the Commission.

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

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

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

a. A member state shall, within a time frame established by the Commission, require a criminal background check for a licensee seeking/applying for a compact privilege whose primary state of residence is that member state, by receiving the results of the Federal Bureau of Investigation criminal record search, and shall use the results in making licensure decisions.

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

(6) Comply with the rules of the Commission;

(7) Utilize only a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and

(8) Have continuing competence/education requirements as a condition for license renewal.

(b) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.

(c) Member states may charge a fee for granting a compact privilege.

(d) A member state shall provide for the state’s delegate to attend all Occupational Therapy Compact Commission meetings.

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

(f) Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single-state license.
24 Del. C. § 5313 — Delaware Code / Title 24 / Chapter 53 / Subchapter II / Section 5313
§ Â
        5313. Grounds for discipline.
Status: in_force

(a) A practitioner licensed or certified under this chapter shall be subject to disciplinary actions set forth in § 5315 of this title, if, after a hearing, the Board finds that the massage and bodywork therapist or massage technician:

(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a massage and bodywork therapist or certification as a massage technician; has employed or knowingly cooperated in fraud or material deception in order to acquire a massage establishment license; has impersonated another person holding a license or certification, or allowed another person to use the massage or bodywork license or massage technician certification, or aided or abetted a person not licensed as a massage or bodywork therapist or certified as a massage technician to represent that person as a massage or bodywork therapist or massage technician;

(2) Has been convicted of a crime that is substantially related to the practice of massage and bodywork, as set forth in the Board’s rules and regulations; a copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence thereof;

(3) Has an impairment related to drugs or alcohol or a finding of mental incompetence by a physician that would limit the practitioner’s ability to undertake his or her practice in a manner consistent with the safety of the public;

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

(5) Has had that practitioner’s license as a massage and bodywork therapist or that practitioner’s certificate as massage 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 massage and bodywork therapist or certified as a massage technician in this State shall be deemed to have given consent to the release of this information by the Board of Massage and Bodywork Therapy or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;

(6) Has failed to notify the Board that the practitioner’s license as a massage and bodywork therapist or certificate as massage 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;

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

(8) Has knowingly employed or cooperated in the hiring or contracting for the services of, or, as the professional-in-charge of a massage establishment, leased space or otherwise entered into a contractual relationship with or permitted, any unlicensed person or persons required by this chapter to hold an unrestricted license to practice any of the professions regulated by this chapter; or

(9) Has been guilty of unprofessional conduct, as adopted in the rules and regulations, and which shall include departure from or the failure to conform to the national code of professional ethics and standards of acceptable massage and bodywork practices.

(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 jurisdiction to issue such order.

(c) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, no license shall be disciplined, restricted, suspended or revoked by the Board, and no practitioner’s right to practice shall be limited by the Board, until such practitioner has been given notice and an opportunity to be heard in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].
24 Del. C. § 108 — Delaware Code / Title 24 / Chapter 1 / Section 108
§ Â
        108. Issuance and renewal of CPA permits to practice and maintenance of competency; reciprocity [Effective until July 1, 2026].
Status: in_force

(a) The Board shall grant or renew permits to practice to persons who make application and demonstrate that:

(1) Their qualifications, including where applicable the qualifications prescribed by § 107 of this title, are in accordance with the following subsections of this section, or

(2) They are eligible under the substantial equivalency standard set out in § 109(a)(2) of this title.

(b) Permits to practice shall be initially issued, and renewed, for periods of not more than 2 years but in any event shall expire on June 30 of the odd-numbered year following issuance or renewal. Applications for such permits to practice shall be made in such form, and in the case of applications for renewal, between such dates, as the Board shall by rule specify, and the Board shall grant or deny any such application no later than 120 days after the application is filed in proper form.

(c) (1) Reciprocal permits to practice shall be issued to applicants who have passed the Uniform CPA Examination and hold a valid CPA certificate, license or permit to practice in a substantially equivalent state or who individually are determined to be substantially equivalent.

(2) With regard to applicants that do not qualify for reciprocity under the substantial equivalency standard set out in § 109 of this title, the Board shall issue a permit to practice to a holder of a certificate, license or permit issued by another state upon a showing that:

a. The applicant passed the Uniform CPA Examination;

b. The applicant had 4 years of experience of the type described in § 107(f) of this title or meets comparable requirements prescribed by the Board by rule, after passing the examination upon which the applicant’s certificate was based and within the 10 years immediately preceding the application; and

c. If the applicant’s certificate, license or permit was issued more than 4 years prior to the application for issuance of an initial certificate under this section, that the applicant has fulfilled the requirements of continuing professional education that would have been applicable under subsection (d) of this section.

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

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

(2) A prorated continuing professional education requirement as determined by Board rule if initial permit was issued 1 year or more, but less than 2 years, prior to the renewal date.(a) The Board shall grant or renew permits to practice to persons who make application and demonstrate 1 of the following:

(1) Their qualifications, including where applicable the qualifications prescribed by § 107 of this title, are in accordance with the following subsections of this section.

(2) They are eligible under the practice privileges standard set out in § 109(a)(1) of this title.

(b) Permits to practice shall be initially issued, and renewed, for periods of not more than 2 years but in any event shall expire on June 30 of the odd-numbered year following issuance or renewal. Applications for such permits to practice shall be made in such form, and in the case of applications for renewal, between such dates, as the Board shall by rule specify, and the Board shall grant or deny any such application no later than 120 days after the application is filed in proper form.

(c) (1) Reciprocal permits to practice shall be issued to applicants who are eligible under the practice privileges standard set out in § 109(a) of this title.

(2) With regard to applicants that do not qualify for reciprocity under the practice privileges standard set out in § 109 of this title, the Board shall issue a permit to practice to a holder of a certificate, license or permit issued by another state upon a showing upon a showing of all of the following:

a. The applicant passed the Uniform CPA Examination.

b. The applicant had 4 years of experience of the type described in § 107(f) of this title or meets comparable requirements prescribed by the Board by rule, after passing the examination upon which the applicant’s certificate was based and within the 10 years immediately preceding the application.

c. If the applicant’s certificate, license or permit was issued more than 4 years prior to the application for issuance of an initial certificate under this section, that the applicant has fulfilled the requirements of continuing professional education that would have been applicable under subsection (d) of this section.

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

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

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

(e) For renewal of a permit to practice under this section, each licensee shall participate in a program of learning designed to maintain professional competency. Such program of learning must comply with rules adopted by the Board. The Board may by rule create an exception to this requirement for permit holders who do not perform or offer to perform 1 or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements or of 1 or more kinds of management advisory, financial advisory or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters, and who make application for inactive status to the Board. Licensees granted such an exception by the Board must place the word “inactive” adjacent to their CPA title on any business card, letterhead or other document or device with the exception of their CPA permit to practice, on which their CPA title appears. Holders of an inactive permit to practice certified public accountancy may apply to have their permit to practice reinstated pursuant to Board rule.

(f) Applicants for initial issuance or renewal of permits to practice under this section shall in their applications list all states in which they have applied for or hold certificates, licenses or permits and list any past denial, revocation or suspension of a certificate, license or permit, and each holder of or applicant for a permit to practice under this section shall notify the Board in writing, within 30 days after its occurrence, of any issuance, denial, revocation or suspension of a certificate, license or permit by another state.

(g) Holders of expired permits to practice as of July 1, 2016, may apply to have their permit to practice reinstated upon a showing that the applicant has completed no less than 80 hours of continuing professional education as determined by Board rule during the 2-year renewal period ending June 30, 2017. Any holder of an expired permit to practice who fails to reinstate that holder’s permit by June 30, 2017, shall be required to meet all of the requirements for the initial issuance of a permit to practice pursuant to this section.
24 Del. C. § 1799G — Delaware Code / Title 24 / Chapter 17 / Subchapter XI / Section 1799G
§ Â
        1799G. Statement of purpose.
Status: in_force

The intent of the General Assembly in enacting this subchapter is to establish minimum standards of education, experience and examination for professional genetic counselors so that the public can readily identify those who meet these minimum standards. In enacting this subchapter the General Assembly intends to provide a licensure process for professional genetic counselors, a scope of practice for genetic counselor services, and to establish “licensed genetic counselor” as the state-recognized legal title for professional genetic counselors. It is also the intent of the General Assembly in enacting this subchapter to assure consumers the right to choose from whom they receive information and advice. Recognition of these goals will protect the health of the public by broadening access to appropriate genetic counseling.
24 Del. C. § 3507 — Delaware Code / Title 24 / Chapter 35 / Subchapter II / Section 3507
§ Â
        3507. License; registration required.
Status: in_force

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

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

(c) No person shall act as a psychological assistant or hold out that that person is a psychological assistant, unless such person has been duly registered by the Board under this chapter.
24 Del. C. § 3045 — Delaware Code / Title 24 / Chapter 30 / Subchapter III / Section 3045
§ Â
        3045. Reciprocity.
Status: in_force

(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant, who shall present proof of current licensure in good standing in another State, the District of Columbia or territory of the United States, whose standards for licensure are substantially similar to those of this State. Such applicant shall present proof that the applicant’s license is in good standing. A license in good standing is defined in § 3044(a)(4)-(7) of this title.

(b) An applicant who is licensed in a jurisdiction whose standards are not substantially similar to those of this State may be licensed by the Board if:

(1) The applicant had a license in good standing for a minimum of 5 years after licensure in the jurisdiction from which that applicant is applying for reciprocal licensure; and

(2) Is certified by the National Association for Addictions Professionals (NAADAC), or the Delaware Certification Board (DCB), or other national certifying organization acceptable to the Board;

provided, however, that the applicant meets all other qualifications for reciprocity in this section.

(c) In lieu of the documentation required by subsection (a) of this section, an applicant may submit a certificate of professional qualification as a licensed chemical dependency professional from a credential bank approved by the Board. The Board shall identify acceptable credentialing organizations in its rules and regulations. In addition, the Board may require the applicant to submit such supplemental information as it deems necessary to assure that the applicant meets the qualifications for licensure.
24 Del. C. § 109 — Delaware Code / Title 24 / Chapter 1 / Section 109
§ Â
        109. Practice privileges [Effective July 1, 2026].
Status: in_force

(a) (1) An individual whose principal place of business is not in this State and who holds a valid license in good standing as a certified public accountant from any state shall have all the privileges of permit holders of this State without the need to obtain a permit under § 108 of this title, provided that the individual has obtained a baccalaureate or higher degree conferred by an accredited college or university acceptable to the Board, the total educational program to include an accounting concentration or equivalent as determined by Board rule to be appropriate; has successfully passed the Uniform Certified Public Accountant Examination or a successor examination; and has attained 1 year of experience of the type described in § 107(f) of this title. Notwithstanding any other provision of law, an individual who offers or renders professional services, whether in person, by mail, telephone or electronic means, under this section shall be granted practice privileges in this State and no notice or other submission shall be provided by any such individual. Such an individual shall be subject to the requirements in paragraph (a)(3) of this section.

(2) An individual whose principal place of business is not in this State and who holds, and as of December 31, 2024, held, a valid license as a certified public accountant from any state and who, as of December 31, 2024, had practice privileges in this State under this section, shall continue to have all the privileges of permit holders of this State without the need to obtain a permit under § 108 of this title. Notwithstanding any other provision of law, an individual who offers or renders professional services, whether in person, by mail, telephone or electronic means, under this section shall be granted practice privileges in this State and no notice or other submission shall be provided by any such individual. Such an individual shall be subject to the requirements in paragraph (a)(3) of this section.

(3) An individual licensee of another state exercising the privilege afforded under this section and the firm which employs that licensee hereby simultaneously consent, as a condition of the grant of this privilege:

a. To the personal and subject matter jurisdiction and disciplinary authority of the Board;

b. To comply with this chapter and the Board’s rules;

c. That in the event the license from the state of the individual’s principal place of business is no longer valid, the individual will cease offering or rendering professional services in this State individually and on behalf of a firm; and

d. To the appointment of the State Board which issued their license as their agent upon whom process may be served in any action or proceeding by this Board against the licensee.

(b) A permit holder of this State offering or rendering services or using that permit holder’s CPA title in another state shall be subject to disciplinary action in this State for an act committed in another state for which the permit holder would be subject to discipline for an act committed in the other state. The Board shall be required to investigate any complaint made by the board of accountancy of another state.

(c) Practice within this State by individuals who qualify for the practice privilege under this section shall not obligate a firm that does not maintain an office in this State to obtain a firm permit under § 111 of this title.(a) (1) An individual whose principal place of business is not in this State and who holds a valid license as a certified public accountant from any state which the NASBA National Qualification Appraisal Service has verified to be in substantial equivalence with the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy Act shall be presumed to have qualifications substantially equivalent to this State’s requirements and shall have all the privileges of permit holders of this State without the need to obtain a permit under § 108 of this title. Notwithstanding any other provision of law, an individual who offers or renders professional services, whether in person, by mail, telephone or electronic means, under this section shall be granted practice privileges in this State and no notice or other submission shall be provided by any such individual. Such an individual shall be subject to the requirements in paragraph (a)(3) of this section.

(2) An individual whose principal place of business is not in this State and who holds a valid license as a certified public accountant from any state which the NASBA National Qualification Appraisal Service has not verified to be in substantial equivalence with the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy Act shall be presumed to have qualifications substantially equivalent to this State’s requirements and shall have all the privileges of permit holders of this State without the need to obtain a permit under § 108 of this title if such individual obtains from the NASBA National Qualification Appraisal Service verification that such individual’s CPA qualifications are substantially equivalent to the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy Act. Any individual who passed the Uniform CPA Examination and holds a valid license issued by any other state prior to January 1, 2012, may be exempt from the education requirement in § 107(c) of this title for purposes of this paragraph (a)(2). Notwithstanding any other provision of law, an individual who offers or renders professional services, whether in person, by mail, telephone or electronic means, under this section shall be granted practice privileges in this State and no notice or other submission shall be provided by any such individual. Such an individual shall be subject to the requirements in paragraph (a)(3) of this section.

(3) An individual licensee of another state exercising the privilege afforded under this section and the firm which employs that licensee hereby simultaneously consent, as a condition of the grant of this privilege:

a. To the personal and subject matter jurisdiction and disciplinary authority of the Board;

b. To comply with this chapter and the Board’s rules;

c. That in the event the license from the state of the individual’s principal place of business is no longer valid, the individual will cease offering or rendering professional services in this State individually and on behalf of a firm; and

d. To the appointment of the State Board which issued their license as their agent upon whom process may be served in any action or proceeding by this Board against the licensee.

(b) A permit holder of this State offering or rendering services or using that permit holder’s CPA title in another state shall be subject to disciplinary action in this State for an act committed in another state for which the permit holder would be subject to discipline for an act committed in the other state. The Board shall be required to investigate any complaint made by the board of accountancy of another state.

(c) Practice within this State by individuals who qualify for the practice privilege under this section shall not obligate a firm that does not maintain an office in this State to obtain a firm permit under § 111 of this title.
24 Del. C. § 2710 — Delaware Code / Title 24 / Chapter 27 / Subchapter II / Section 2710
§ Â
        2710. 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 in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure 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 coming licensure biennium.
24 Del. C. § 1781 — Delaware Code / Title 24 / Chapter 17 / Subchapter VIII / Section 1781
§ Â
        1781. Legislative purpose and findings.
Status: in_force

(a) The General Assembly of the State finds as fact that:

(1) Immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences;

(2) The physical, emotional, and psychological consequences of teen pregnancy are serious and can be lasting, particularly when the patient is immature;

(3) The capacity to become pregnant and the capacity for mature judgment concerning how to choose among the alternatives for managing that pregnancy are not necessarily related;

(4) Parents ordinarily possess information essential to enable a physician to exercise the physician’s best medical judgment concerning the child;

(5) Parents who are aware that their minor daughter has had an abortion can ensure that she receives adequate medical attention after the abortion;

(6) Parental consultation is usually desirable and in the best interest of their minor children and parents ordinarily act in the best interest of their minor children; and

(7) Parental involvement legislation enacted in other states has been shown to have significant impact in reducing abortion, birth and pregnancy rates among minors.

(b) It is the intent of the General Assembly of the State in enacting this parental notice provision to further the important and compelling State interests of:

(1) Protecting minors against their own immaturity;

(2) Fostering the family structure and preserving it as a viable social unit;

(3) Protecting the rights of parents to rear children who are members of their household; and

(4) Protecting the health and safety of minor children.
24 Del. C. § 1710B — Delaware Code / Title 24 / Chapter 17B / Section 1710B
§ Â
        1710B. 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. Commission rules shall become binding as of the date specified by the Commission for each rule.

(b) The Commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer this Compact and achieve its purposes. A Commission rule shall be invalid and have not force or effect only if a court of competent jurisdiction holds that the rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope of the purposes of this Compact, or the powers granted hereunder, or based upon another applicable standard of review.

(c) The rules of the Commission shall have the force of law in each participating state, provided however that where the rules of the Commission conflict with the laws of the participating state that establish the medical services a physician assistant may perform in the participating state, as held by a court of competent jurisdiction, the rules of the Commission shall be ineffective in that state to the extent of the conflict.

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

(e) Commission rules shall be adopted at a regular or special meeting of the Commission.

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

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

(2) To persons who have requested notice of the Commission’s notices of proposed rulemaking; and

(3) In such other way(s) as the Commission may by rule specify.

(g) The notice of proposed rulemaking shall include:

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

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

(3) A request for comments on the proposed rule from any interested person and the date by which written comments must be received.

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

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

(i) If the hearing is to be 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 as directed in the notice of proposed rulemaking, not less than 5 business days before the scheduled date of the hearing, notify the Commission of their desire to appear and testify at 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 and the written comments, data, facts, opinions, and arguments received in response to the proposed rulemaking shall be made available to a person upon request.

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

(j) Following the public hearing the Commission shall consider all written and oral comments timely received.

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

(1) If adopted, the rule shall be posted on the Commission’s website.

(2) The Commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.

(3) The Commission shall provide on its website an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.

(4) The Commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (l) of this section, the effective date of the rule shall be no sooner than 30 days after the Commission issued the notice that it adopted the rule.

(l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule with 24 hours prior notice, without the opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in this Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately by the Commission in order to do 1 or more of the following:

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

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

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

(4) Protect public health and safety.

(m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted Commission Rule 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 as set forth in the notice of revisions and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

(n) No participating state’s rulemaking requirements shall apply under this Compact.
24 Del. C. § 4109 — Delaware Code / Title 24 / Chapter 41 / Subchapter II / Section 4109
§ Â
        4109. Home inspector trainee; requirements of supervision.
Status: repealed

(a) Persons, who are presented to the Board by a supervising home inspector for registration as a home inspector trainee, shall provide a statement to the Board that the trainee:

(1) Shall perform only those specific functions, which have been delineated in the supervising home inspector’s statement;

(2) Shall practice only under the direct supervision of a licensed home inspector;

(3) Shall identify themselves to the public as a home inspector trainee;

(4) Shall not have been convicted of a crime that is substantially related to the practice of home inspection; however, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(4).

a.-d. [Repealed.]

(5) Has acquired the required training and experience requirements to act as a home inspector trainee as may be established by the Board, including any educational courses of study as established by the Board.

(b) An applicant, who has been registered by the Board as a home inspector trainee, may assist in the completion of a home inspection report, and may co-sign a home inspection, provided that the home inspector trainee is actively and personally supervised by a licensed home inspector.

(c) In addition, the supervising licensed home inspector shall review and sign all home inspection reports prepared under the supervising licensed home inspector’s supervision by the home inspector trainee and shall accept total responsibility for the home inspection report.

(d) No person, while registered as a home inspector trainee, shall be required to pay any fee, charge or other thing of value to a supervising licensed home inspector, or be required to execute a covenant not to compete with a supervising licensed home inspector, as a condition of satisfying the home inspector trainee requirements of this subchapter.

(e) The Board in its regulations shall determine the number of home inspector trainees that a supervising home inspector may supervise and the requirements of their supervision.
24 Del. C. § 3040 — Delaware Code / Title 24 / Chapter 30 / Subchapter III / Section 3040
§ Â
        3040. License required.
Status: in_force

No person shall hold himself or herself out to the public as a licensed 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 employees, agents or representatives, to use in connection with the person’s name or business, the words “licensed chemical dependency professional” or any other words, letters, abbreviations or insignia indicating or implying directly or indirectly that the person is licensed under this chapter.
24 Del. C. § 1222 — Delaware Code / Title 24 / Chapter 12 / Subchapter II / Section 1222
§ Â
        1222. Definitions [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

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

(1) “Alarm” means a security alarm system signal that is created by the activation of a security alarm system.

(2) “Arming station” means a device that allows control of a security alarm system.

(3) “Automatic voice dialer” means any electrical, electronic, mechanical, or other device capable of being programmed to send a prerecorded voice message, when activated, over a telephone line, radio or other communication system, to a law-enforcement authority, public safety or emergency services agency requesting dispatch.

(4) “Cancellation” means the process where response to a security alarm system dispatch request is terminated when a security alarm business for the security alarm system site notifies the responding law-enforcement agency, prior to arrival at the security alarm system site, that there is not an existing situation at the security alarm system site requiring law-enforcement authority response.

(5) “Conversion” means the transaction or process by which a security alarm business begins the servicing and/or monitoring of a previously unmonitored security alarm system or a security alarm system previously serviced and/or monitored by another security alarm business.

(6) “Duress alarm” means a silent security alarm system signal generated by the entry of a designated code into an arming station in order to signal that the security alarm system user is being forced to turn off the system and requires law-enforcement response.

(7) “False alarm” means a security alarm system dispatch request to a law-enforcement authority, when no emergency of actual or threatened criminal activity requiring immediate response exists. This definition includes signals activated by negligence, accident, and mechanical failure; signals activated intentionally in nonemergency situations; and signals for which the actual cause is unknown. There is a rebuttable presumption that an alarm is false if personnel responding from a law-enforcement authority do not discover any evidence of unauthorized entry, criminal activity, or other emergency after following normal police procedures in investigating the incident. An alarm is not false if the security alarm system user proves that:

a. An individual activated the alarm based on a reasonable belief that an emergency or actual or threatened criminal activity requiring immediate response existed;

b. The security alarm system was activated by a violent condition of nature, including but not limited to tornadoes, floods, earthquakes and lightning, or by an electrical surge that caused physical damage to the system, as evidenced by testimony of a licensed security alarm system contractor who has conducted an on-site inspection and personally observed the damage to the system;

c. If the security alarm system user experienced a power outage, causing the alarm to activate upon restoration of power, as evidenced by written documentation provided by Delmarva Power or other applicable provider; or,

d. Where there has been a cancellation as defined in paragraph (4) of this section.

(8) “Holdup alarm” means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress.

(9) “Law-enforcement authority” means any authorized representative of a law-enforcement agency.

(10) “Local security alarm system” means any security alarm system, which is not monitored, that annunciates an alarm only at the security alarm system site.

(11) “Monitoring” means the process by which a security alarm business receives signals from a security alarm system and relays a security alarm system dispatch request for the purpose of summoning law enforcement to the security alarm system site.

(12) “Monitoring station” means an office or entity whereby a security alarm business conducts monitoring of security alarm systems for purposes of dispatch and notification. A monitoring station shall provide a toll-free, 24-hour telephone number for use by a responding law-enforcement agency.

(13) “Panic alarm” means an audible security alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law-enforcement response.

(14) “Person” means an individual, corporation, partnership, association, organization, or similar entity.

(15) “Responder” means an individual capable of reaching the security alarm system site within 30 minutes and having access to the security alarm system site, the code to the security alarm system, and the authority to approve repairs to the security alarm system.

(16) “Security alarm business” is as defined in § 1201 of this title.

(17) “Security alarm system” is as defined in § 1201 of this title.

(18) “Security alarm system administrator” means a person designated by the State with authority to administer, control and review false alarm reduction efforts and administer the provisions of this section.

(19) “Security alarm system dispatch request” means a notification to a law-enforcement authority that a security alarm system, either manual or automatic, has been activated at a particular security alarm system site.

(20) “Security alarm system registration” means authorization granted by the security alarm system administrator to a security alarm system user to operate a security alarm system.

(21) “Security alarm system site” means a single fixed premises or location served by a security alarm system or systems. Each unit, if served by a separate security alarm system in a multi-unit building or complex, shall be considered a separate security alarm system site.

(22) “Security alarm system user” means any person or entity, which has contracted for monitoring, repair, installation or maintenance services from a security alarm business for a security alarm system, or which owns or operates a security alarm system which is not monitored, maintained or repaired under contract.

(23) “Takeover” means the transaction or process by which a security alarm system user takes over control of an existing security alarm system, which was previously controlled by another security alarm system user.

(24) “Verify” means at least 2 attempts by a security alarm business, or its representative, to contact the security alarm system site and/or security alarm system user by telephone and/or other electronic means, whether or not actual contact with a person is made, to determine whether a security alarm system signal is valid before requesting law-enforcement dispatch, in an attempt to avoid an unnecessary security alarm system dispatch request.

(25) “Zones” means division of devices into which a security alarm system is divided to indicate the general location from which a security alarm system signal is transmitted.
24 Del. C. § 1717A — Delaware Code / Title 24 / Chapter 17A / Section 1717A
§ Â
        1717A. Enforcement of Interstate Compact.
Status: in_force

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

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

(c) The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or regulation of a profession.
24 Del. C. § 5403 — Delaware Code / Title 24 / Chapter 54 / Section 5403
§ Â
        5403. Secretaryâs authority; procedure.
Status: in_force

(a) The Administrative Procedures Act, Chapter 101 of Title 29, applies to this chapter. The Secretary may adopt rules and regulations under the Administrative Procedures Act to implement this chapter.

(b) By acting as an athlete agent in this State, a nonresident individual appoints the Secretary as the individual’s agent for service of process in any civil action in this State related to the individual acting as an athlete agent in this State.

(c) The Secretary may issue a subpoena for material that is relevant to the administration of this chapter.
24 Del. C. § 1712A — Delaware Code / Title 24 / Chapter 17A / Section 1712A
§ Â
        1712A. Powers and duties of the Interstate Commission.
Status: in_force

The Interstate Commission shall have the following powers and duties:

(a) Oversee and maintain the administration of the Compact.

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

(c) Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the Compact, its bylaws, rules, and actions.

(d) Enforce compliance with Compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.

(e) Establish and appoint committees including an executive committee as required by § 1711A(k) of this title, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties.

(f) Pay, or provide for the payment of the expenses related to the establishment, organization, and ongoing activities of the Interstate Commission.

(g) Establish and maintain one or more offices.

(h) Borrow, accept, hire, or contract for services of personnel.

(i) Purchase and maintain insurance and bonds.

(j) Employ an executive director who shall have such powers to employ, select or appoint employees, agents, or consultants, and to determine their qualifications, define their duties, and fix their compensation.

(k) Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.

(l) Accept donations and grants of money, equipment, supplies, materials, and services and to receive, utilize, and dispose of it in a manner consistent with the conflict of interest policies established by the Interstate Commission.

(m) Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed.

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

(o) Establish a budget and make expenditures.

(p) Adopt a seal and bylaws governing the management and operation of the Interstate Commission.

(q) Report annually to the legislatures and governors of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the Interstate Commission.

(r) Coordinate education, training, and public awareness regarding the Compact, its implementation, and its operation.

(s) Maintain records in accordance with the bylaws.

(t) Seek and obtain trademarks, copyrights, and patents.

(u) Perform such functions as may be necessary or appropriate to achieve the purpose of the Compact.
24 Del. C. § 1415 — Delaware Code / Title 24 / Chapter 14 / Subchapter II / Section 1415
§ Â
        1415. Hearing procedures.
Status: in_force

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 1412 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

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

(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
24 Del. C. § 1731B — Delaware Code / Title 24 / Chapter 17 / Subchapter IV / Section 1731B
§ Â
        1731B. Counseling; letter of concern.
Status: in_force

(a) If the Executive Director and the President of the Board, or a member of the Board designated by the President to assist in an investigation concerning a person certified to practice medicine, determine after the investigation that a violation of this chapter or of regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred, but that an act or omission of the person is a matter of concern and that the person’s practice may be improved if the person is made aware of the concern, the Executive Director, with the concurrence of the President or the assisting Board member, may issue a nondisciplinary, confidential letter of concern regarding the person’s act or omission.

(b) If a person certified to practice medicine receives a total of 3 letters of concern and/or letters of counseling pursuant to this section, the Executive Director may reasonably require a formal assessment of professional competency pursuant to § 1732(d) of this title to assess the person’s continued ability to protect the health and safety of the person’s present or prospective patients.
24 Del. C. § 3914 — Delaware Code / Title 24 / Chapter 39 / Section 3914
§ Â
        3914. Complaints.
Status: in_force

(a) The Division shall receive and investigate, in accordance with § 8735 of Title 29, all complaints under this chapter.

(b) The Division shall issue a final, written report at the conclusion of its investigation of a complaint under this chapter.
24 Del. C. § 4111 — Delaware Code / Title 24 / Chapter 41 / Subchapter II / Section 4111
§ Â
        4111. Endorsement.
Status: in_force

(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant, who shall present proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States, whose standards for licensure are substantially similar to those of this State. A license in “good standing” is defined in § 4108(a)(4), (5), (6), and (7) of this title.

(b) An applicant, who is licensed in good standing, as defined in subsection (a) of this section, in a state whose standards are not substantially similar to those of this State, shall be licensed by endorsement if such person:

(1) Has practiced for a minimum of 1 year, performed at least 75 fee-paid home inspections, and holds the designation of inspector or certified inspector as a member of the American Society of Home Inspectors (“ASHI”) or the designation of regular member or certified real estate inspector as a member of the National Association of Home Inspectors (“NAHI”); or

(2) Has practiced for a minimum of 5 years after licensure; provided however, that the applicant meets all other qualifications for endorsement in this section.

(c) An applicant, who is a graduate of a foreign college or university or who has completed formal training as a home inspector in a foreign jurisdiction, and who is not licensed in another state, the District of Columbia, or territory of the United States, shall submit a certified copy of the applicant’s college or university record or documentation evidencing formal training as a home inspector for evaluation by the Board, in addition to fulfilling the applicable requirements for licensure of §§ 4108 and 4109 of this title.
24 Del. C. § 215 — Delaware Code / Title 24 / Chapter 2 / Section 215
§ Â
        215. Hearing procedures.
Status: in_force

(a) Upon the receipt of a complaint, the Board shall determine what action, if any, it shall take. If the Board decides not to take any further action, and the complainant is known to the Board, the Board shall forward by letter to the complainant its reasons for not taking further action. Where the Board has determined to take further action, the matter shall be heard by the Board within 3 months from the date on which the complaint was received. The Board shall fix the time and place for a full hearing of the matter, and shall cause a copy of the complaint, together with a notice of the time and place fixed for the hearing, to be personally delivered or served upon the practitioner at least 30 days before the date fixed for the hearing. In cases where the practitioner cannot be located or where personal service cannot be effected, substitute service shall be effected in the same manner as with civil litigation.

(b) All hearings shall be informal without use of the rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board’s decision shall be in writing and shall include its reasons for such decision. A copy of the decision shall be mailed immediately to the practitioner. The Board’s decision shall become effective on the thirtieth day after the date it is mailed or served on the practitioner, unless there is an appeal by the practitioner to the Superior Court within that time.
24 Del. C. § 124 — Delaware Code / Title 24 / Chapter 1 / Section 124
§ Â
        124. Renewals.
Status: in_force

In the event that a permit holder fails to timely renew a permit, such permit can be reinstated within a period of 1 year from the lapse of the permit to practice, at the discretion of the Board, upon payment of the regular renewal fee plus an additional late renewal processing fee established by the Division of Professional Regulation, and upon the permit holder furnishing proof of compliance with all other permit requirements established by the Board, including proof that the permit holder has met the continuing education requirements established by the Board.
24 Del. C. § 1799EE — Delaware Code / Title 24 / Chapter 17 / Subchapter XII / Section 1799EE
§ Â
        1799EE. Duty to report conduct that constitutes grounds for discipline or inability to practice.
Status: in_force

(a) Every person to whom a license to practice has been issued under this subchapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter or any other healthcare provider has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other healthcare provider’s licensing statute.

(b) Every person to whom a license to practice has been issued under this subchapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter or any other healthcare provider may be unable to practice with reasonable skill and safety to the public by reason of mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive abuse of drugs, including alcohol.

(c) Every person to whom a license to practice has been issued under this subchapter has a duty to report to the Division of Professional Regulation any information that the reporting person reasonably believes indicates that a person certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol.

(d) All reports required under subsections (a), (b) and (c) of this section must be filed within 30 days of becoming aware of such information. 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.
24 Del. C. § 315 — Delaware Code / Title 24 / Chapter 3 / Section 315
§ Â
        315. Remedial actions and disciplinary sanctions.
Status: in_force

(a) The Board may impose any of the following sanctions or take any of the following actions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 314 of this title applies to an architect or holder of a certificate of authorization:

(1) Issue a letter of reprimand;

(2) Censure the architect or holder of a certificate of authorization;

(3) Place the architect or holder of a certificate of authorization on probationary status, and require the architect or holder of a certificate of authorization 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; and/or

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

(4) Suspend a registered architect’s certificate of registration or suspend a certificate of authorization;

(5) Revoke a registered architect’s certificate of registration or revoke a certificate of authorization;

(6) Issue cease and desist orders;

(7) Seek injunctions; and/or

(8) Seek judicial enforcement of civil fines imposed by the Board.

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

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

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

(e) As a condition to reinstatement of a suspended certificate of registration, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.
24 Del. C. § 1701A — Delaware Code / Title 24 / Chapter 17A / Section 1701A
§ Â
        1701A. Interstate Medical Licensure Compact; findings and declaration of purpose.
Status: in_force

(a) The State hereby enters into the Interstate Medical Licensure Compact (IMLC) the text of which is as set forth in this chapter.

(b) In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards, provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The Compact creates another pathway for licensure and does not otherwise change a state’s existing Medical Practice Act. The Compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the Compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the Compact.
24 Del. C. § 4115 — Delaware Code / Title 24 / Chapter 41 / Subchapter II / Section 4115
§ Â
        4115. Complaints.
Status: in_force

(a) All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29.

(b) When it is determined that an individual is engaging, or has engaged, in the practice of home inspection, or is using the title “home inspector” or other title implying that the individual is competent to act as a “home inspector” and is not licensed under the laws of this State, the Board may institute proceedings under § 10161 of Title 29 for issuance of a cease and desist order and a fine.
24 Del. C. § 3904 — Delaware Code / Title 24 / Chapter 39 / Section 3904
§ Â
        3904. Board of Social Work Examiners â  Appointment; composition; qualifications; term of office; suspension  or removal; compensation.
Status: in_force

(a) The Board of Social Work Examiners (“Board”) consists of 7 members who are appointed by the Governor and meet the following qualifications:

(1) a. Four professional members, consisting of 2 licensed clinical social workers and 2 at-large professional members who may be baccalaureate social workers, master’s social workers, or licensed clinical social workers.

b. Three public members who are accessible to inquiries, comments, and suggestions from the general public and are not, nor have ever been, any of the following:

1. A social worker or a member of the immediate family of a social worker.

2. Employed by a social work agency.

3. Holder of a material financial interest in the providing of goods and services to social workers.

4. Engaged in an activity directly related to social work.

(b) Each member is appointed for a period of 3 years, and may serve 1 additional term. Each term of office expires on the date specified in the appointment; however, a member remains eligible to participate in Board proceedings until the Governor replaces that member.

(c) An individual who has served on the Board for 6 years may not be appointed to the Board again until the expiration of an interim period of at least 3 years since the individual last served.

(d) The Governor may suspend or remove a member for misfeasance, nonfeasance, malfeasance, or neglect of duty.

(1) A member is deemed in neglect of duty if the member is absent from 3 consecutive Board meetings without good cause or fails to attend at least 50% of all regular Board meetings in a calendar year.

(2) A member who is deemed in neglect of duty is considered to have resigned.

(3) A member subject to disciplinary proceedings is disqualified from Board business until the charge is adjudicated, or the matter is otherwise concluded.

(4) A member may appeal any suspension or removal to the Superior Court.

(e) A member while serving on the Board may not be a president, chair, or other elected official of a professional association for social workers other than the Board.

(f) The provisions set forth for employees in Chapter 58 of Title 29, apply to all members and agents that the Board appoints or otherwise employs.

(g) 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.

(h) An act or vote by an individual appointed in violation of this section is invalid. An amendment or revision of this chapter is not sufficient cause for an appointment or attempted appointment in violation of subsection (e) of this section, unless the amendment or revision amends this chapter to permit such an appointment.
24 Del. C. § 1707A — Delaware Code / Title 24 / Chapter 17A / Section 1707A
§ Â
        1707A. Renewal and continued participation.
Status: in_force

(a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the Interstate Commission if the physician:

(1) Maintains a full and unrestricted license in a state of principal license.

(2) Has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction.

(3) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to non-payment of fees related to a license.

(4) Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.

(b) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.

(c) The Interstate Commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.

(d) Upon receipt of any renewal fees collected in subsection (c) of this section, a member board shall renew the physician’s license.

(e) Physician information collected by the Interstate Commission during the renewal process will be distributed to all member boards.

(f) The Interstate Commission is authorized to develop rules to address renewal of licenses obtained through the Compact.
24 Del. C. § 1799GG — Delaware Code / Title 24 / Chapter 17 / Subchapter XIII / Section 1799GG
§ Â
        1799GG. Subchapter exemptions and limitations.
Status: in_force

(a) Nothing in this subchapter shall limit, preclude, or otherwise interfere with the professional activities of other individuals and health-care providers who are allowed to practice obstetrics and gynecology, nor shall this subchapter apply to certified nurse midwives as defined by Chapter 19 of this title.

(b) Nothing in this subchapter shall prohibit or restrict the directly supervised practice of midwifery by a midwifery student pursuing a course of study leading to a credential in midwifery or an equivalent major, as recommended by the Council and approved by the Board, from an accredited school or program recommended by the Council and approved by the Board, if the activities and services constitute a part of a supervised course of study and if the midwifery student is under the direct supervision of a midwife licensed under this subchapter and is designated by a title that clearly indicates the person’s status as a student, provided this course of study shall not exceed 5 years unless the Council recommends and the Board provides written approval for an extension.
24 Del. C. § 6003 — Delaware Code / Title 24 / Chapter 60 / Section 6003
§ Â
        6003. Scope of practice; provider-patient relationship required.
Status: in_force

(a) Except for the instances listed in this chapter, health-care providers may not deliver health-care services by telehealth and telemedicine in the absence of a health-care provider-patient relationship. A health-care provider-patient relationship may be established either in-person or through telehealth and telemedicine but must include all of the following:

(1) Thorough verification and authentication of the location and, to the extent possible, identity of the patient.

(2) Disclosure and validation of the provider’s identity and credentials.

(3) Receipt of appropriate consent from a patient after disclosure regarding the delivery model and treatment method or limitations, including informed consent regarding the use of telemedicine technologies as required by paragraph (a)(5) of this section.

(4) Establishment of a diagnosis through the use of acceptable medical practices, such as patient history, mental status examination, physical examination (unless not warranted by the patient’s mental condition), and appropriate diagnostic and laboratory testing to establish diagnoses, as well as identification of underlying conditions or contraindications, or both, for treatment recommended or provided.

(5) Discussion with the patient of any diagnosis and supporting evidence as well as risks and benefits of various treatment options.

(6) The availability of a distant site provider or other coverage of the patient for appropriate follow-up care.

(7) A written visit summary provided to the patient.

(b) Health-care services delivered by telehealth and telemedicine may be synchronous or asynchronous using store-and-forward technology. Telehealth and telemedicine services may be used to establish a provider-patient relationship only if the provider determines that the provider is able to meet the same standard of care as if the health-care services were being provided in-person.

(c) Treatment and consultation recommendations delivered by telehealth and telemedicine shall be subject to the same standards of appropriate practice as those in traditional (in-person encounter) settings. In the absence of a proper health-care provider-patient relationship, health-care providers are prohibited from issuing prescriptions solely in response to an internet questionnaire, an internet consult, or a telephone consult.
24 Del. C. § 1774A — Delaware Code / Title 24 / Chapter 17 / Subchapter VI / Section 1774A
§ Â
        1774A. Fees set by Board.
Status: in_force

The Division of Professional Regulation shall establish fees for licensing physician assistants, for renewing licenses on a biennial basis, and for other regulatory purposes. The fees must approximate the costs reasonably necessary to defray the actual expenses of the Board and the regulatory council, as well as the proportional expenses incurred by the Division in administering the issuance and renewal of licenses, and other regulation of physician assistants.
24 Del. C. § 2016 — Delaware Code / Title 24 / Chapter 20 / Subchapter II / Section 2016
§ Â
        2016. Complaints.
Status: in_force

(a) The Division shall receive and investigate a complaint in accordance with § 8735 of Title 29, and the Division shall issue a final written report at the conclusion of its investigation.

(b) If the Board determines that an individual is engaging in the practice of occupational therapy or using the title occupational therapist or occupational therapy assistant and is not licensed under this chapter, the Board shall issue a formal warning to the individual under this chapter. If the formal warning does not resolve the matter, the Board may apply to the Office of the Attorney General to issue a cease and desist order.

(c) The Division shall investigate a complaint against a licensee involving allegations of unprofessional conduct or incompetence.
24 Del. C. § 122 — Delaware Code / Title 24 / Chapter 1 / Section 122
§ Â
        122. Status of existing certificates preserved.
Status: repealed

(a) Any person legally authorized to practice as a certified public accountant in this State as of July 1, 1985, shall thereafter possess the same rights and privileges as persons to whom permits to practice certified public accountancy shall be issued pursuant to this chapter, subject, however, to the power of the Board, as provided in this chapter, to suspend or revoke the certificate and/or permit to practice of such person or censure or reprimand such person for any of the causes set forth in this chapter.

(b) Any person who holds a valid certificate issued under this chapter and regulations of the Board in effect on or before June 30, 1985, shall be deemed to have sufficient education and experience to satisfy the experience requirement of § 107 (c) of this title.

(c) Any firm holding a valid permit to practice as of December 31, 2015, that would otherwise not quality for renewal solely based on § 111(d) of this title shall nevertheless be eligible for renewal.

(d) [Repealed.]
24 Del. C. § 3912 — Delaware Code / Title 24 / Chapter 39 / Section 3912
§ Â
        3912. Continuing  education.
Status: in_force

The Board shall promulgate regulations that require licensees to complete continuing education hours for each biennial licensing period.
24 Del. C. § 3617 — Delaware Code / Title 24 / Chapter 36 / Subchapter III / Section 3617
§ Â
        3617. Exemptions.
Status: in_force

(a) Nothing in this chapter shall be construed to prevent persons engaged solely in teaching the science of geology from continuing to engage in the act of teaching the science of geology;

(b) Nothing in this chapter shall be construed to prevent the practice of geology by persons working under the direct supervision of a Delaware licensed geologist; such licensed geologist shall be responsible for the activities of unlicensed persons practicing geology in this State. The supervising licensed geologist shall inform the Board of the unlicensed practice of geology.
24 Del. C. § 2536 — Delaware Code / Title 24 / Chapter 25 / Subchapter IV / Section 2536
§ Â
        2536. Nonresident pharmacies: service of process; registered agent [Effective until June 30, 2026].
Status: in_force

A nonresident pharmacy must designate a registered agent in Delaware for service of process. A nonresident pharmacy that does not designate a registered agent is deemed to have appointed the Secretary of State to be its agent upon whom may be served all legal process in any action or proceeding against the nonresident pharmacy relating to the delivery in any manner of prescription drugs into this State. In any action or proceeding against a nonresident pharmacy, a copy of service of process must be mailed to the nonresident pharmacy by the complaining party by certified mail, return receipt requested, at the address of the nonresident pharmacy, as designated on the nonresident pharmacy’s permit application to conduct business in this State. A nonresident pharmacy which does not obtain a permit in this State pursuant to this chapter is deemed to have consented to service of process on the Secretary of State as sufficient service.
24 Del. C. § 1620 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1620
§ Â
        1620. Criminal background checks of applicants and employees.
Status: in_force

An applicant for licensure as an adult entertainment establishment or adult-oriented retail establishment and all persons employed by the adult entertainment establishment or adult-oriented retail establishment shall submit, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following:

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

(2) A report of the individual’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Commission on Adult Entertainment Establishments shall be the screening point for the receipt of said federal criminal history records.
24 Del. C. § 3703 — Delaware Code / Title 24 / Chapter 37 / Subchapter I / Section 3703
§ Â
        3703. Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: in_force

(a) There is created a State Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers, which shall administer and enforce this chapter.

(b) The Board consists of 9 members appointed by the Governor who must be residents of this State and are as follows:

(1) Three must be speech/language pathologists licensed under this chapter.

(2) Two must be audiologists licensed under this chapter.

(3) One must be a hearing aid dispenser licensed under this chapter.

(4) Three public members. The public members must be accessible to inquiries, comments, and suggestions from the general public and are subject to all of the following:

a. A public member may not be, nor ever have been, any of the following:

1. A speech/language pathologist.

2. A speech/language pathology assistant.

3. An audiologist.

4. A hearing aid dispenser.

5. A member of the immediate family of a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser.

6. Employed by a speech/language pathologist, audiologist, or hearing aid dispenser, or a company engaged in the practice of speech/language pathology, audiology, or dispensing hearing aids.

b. The member may not have a material interest in the providing of goods and services to speech/language pathologists, speech/language pathology assistants, audiologists, or hearing aid dispensers.

c. The member may not have been engaged in an activity directly related to speech/language pathology, audiology, or dispensing hearing aids.

(c) Each member serves for a period of 3 years and may be reappointed to serve 1 additional 3-year term. Each term of office expires on the date specified in the appointment, except that a member may serve until a successor is duly appointed.

(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 may 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 is 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, may hold elective office in any professional association of speech/language pathologists, speech/language pathology assistants, audiologists, or hearing aid dispensers; this includes a prohibition against serving as head of a professional association’s Political Action Committee (PAC).

(h) The provisions set forth in Chapter 58 of Title 29 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 half of all regular business meetings during any calendar year is guilty of neglect of duty.

(j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel; and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9.
24 Del. C. § 3812 — Delaware Code / Title 24 / Chapter 38 / Section 3812
§ Â
        3812. Administrative procedures.
Status: in_force

All procedures under this chapter shall be governed by the Delaware Administrative Procedures Act, Chapter 101 of Title 29.
24 Del. C. § 2704 — Delaware Code / Title 24 / Chapter 27 / Subchapter I / Section 2704
§ Â
        2704. Organization; meetings; officers; quorum.
Status: in_force

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

(b) The Board shall elect annually from its members a chair, vice chair and secretary. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms. In the event of a vacancy in 1 of the offices, a replacement shall be elected at the next Board meeting.

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

(d) Minutes of all meetings shall be recorded, and the Division of Professional Regulation shall maintain copies. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The person requesting it shall incur the expense of preparing any transcript.
24 Del. C. § 3615 — Delaware Code / Title 24 / Chapter 36 / Subchapter II / Section 3615
§ Â
        3615. Hearing procedures.
Status: in_force

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 3612 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

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

(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
24 Del. C. § 302 — Delaware Code / Title 24 / Chapter 3 / Section 302
§ Â
        302. Definitions.
Status: in_force

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

(1) “Architect” shall mean any person who engages in the practice of architecture as hereinafter defined.

(2) The “Board” shall mean the Board of Architects established by § 8735(a)(3) of Title 29 and this chapter.

(3) “Certificate of registration” shall mean any document which indicates that a person is currently registered with the Board of Architects.

(4) “Direct supervision” shall mean that degree of supervision by a person overseeing the work of another whereby the supervisor has both control over and detailed professional knowledge of the work prepared under the person’s supervision.

(5) “Practice of architecture” shall mean the rendering or offering to render those services, hereinafter described, in connection with the design and construction, enlargement or alteration of a structure or group of structures which have as their principal purpose human habitation or use, and the utilization of space within and surrounding such structures; the services referred to include planning, preparing studies, designs, drawings, specifications and other technical submissions and furnishing administration of construction contracts.

(6) “Registered architect” shall mean an architect holding a current certificate of registration.

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

(8) “Technical submissions” shall mean designs, drawings, specifications, studies and other technical reports prepared in the course of practicing architecture.
24 Del. C. § 3320 — Delaware Code / Title 24 / Chapter 33 / Subchapter III / Section 3320
§ Â
        3320. Reciprocity, lapsed license, reinstatement, and temporary licensure.
Status: in_force

(a) On 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 meets all of the following:

(1) Presents to the Board proof of current licensure in “good standing” in another state, the District of Columbia, or territory of the United States. A license in “good standing” is defined in § 3319(a)(3) through (5) of this title.

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

(3) Has achieved the passing score on the written standardized national examination designated by the Board under § 3306 of this title. This requirement does not apply to any applicant under this section who has continuously maintained a license in another state and graduated from an AVMA accredited school before 1990.

(b) The Board shall grant a license to an applicant who meets all of the following:

(1) Was previously licensed as a veterinary technician in this State.

(2) Has allowed the applicant’s license to lapse.

(3) Meets the continuing education requirements in the Board’s rules and regulations.

(c) On payment of the appropriate fee and on submission of an application, the Board shall issue a temporary license to a person who has applied for licensure as a veterinary technician under this subchapter and who is eligible to take the examination provided for in this subchapter. A temporary license is available to an applicant only with respect to the first application for licensure, and the applicant may only use the temporary license while under the supervision of a licensed veterinarian. A temporary license expires automatically if the applicant fails the examination or fails to sit for the examination at the earliest opportunity. If a temporary license is issued to an applicant for licensure by reciprocity, the temporary license expires automatically on written notice to the applicant by the Board that it proposes to deny the application. On expiration, the temporary license must be surrendered to the Board.

(d) If a disciplinary proceeding or unresolved complaint is pending in this State or another state, the applicant may not be licensed in this State until the proceeding or complaint is resolved. An applicant for licensure as a veterinary technician in this State is deemed to have given consent to the release of information related to the pending disciplinary proceeding or unresolved complaint and to waive all objections to the admissibility of the information as evidence at any hearing or other proceeding to which the applicant may be subject.
24 Del. C. § 2002 — Delaware Code / Title 24 / Chapter 20 / Subchapter I / Section 2002
§ Â
        2002. Definitions.
Status: repealed

As used in this chapter:

(1) “Applicant” means an individual who applies to be licensed under this chapter.

(2) “Board” means the Board of Occupational Therapy Practice established in this chapter.

(3) “Division” means the Division of Professional Regulation.

(4) “Excessive use or abuse of drugs or alcohol” or “excessively uses or abuses drugs or alcohol” means any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs a person’s ability to perform the work of an occupational therapist or occupational therapy assistant.

(5) “Licensee” means an individual licensed under this chapter to practice occupational therapy services.

(6) “Occupational therapist” means a person who is licensed to practice occupational therapy under this chapter and offers such services to the public under any title incorporating the words “occupational therapy,” “occupational therapist,” or any similar title or description of occupational therapy services.

(7) “Occupational therapy assistant” means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist.

(8) a. “Occupational therapy services” includes any of the following:

1. The assessment, treatment, and education of or consultation with an individual, family, or other persons.

2. Interventions directed toward developing, improving, or restoring daily living skills, work readiness or work performance, play skills, or leisure capacities, or enhancing educational performance skills.

3. Providing for the development, improvement, or restoration of sensorimotor, oralmotor, perceptual or neuromuscular functioning, or emotional, motivational, cognitive, or psychosocial components of performance.

b. “Occupational therapy services” or “practice of occupational therapy” may require assessment of the need for use of interventions such as the design, development, adaptation, application, or training in the use of assistive technology devices; the design, fabrication, or application of rehabilitative technology such as selected orthotic devices; training in the use of assistive technology, orthotic or prosthetic devices; the application of thermal agent modalities, including paraffin, hot and cold packs, and fluido therapy, as an adjunct to, or in preparation for, purposeful activity; the use of ergonomic principles; the adaptation of environments and processes to enhance functional performance; or the promotion of health and wellness.

c. [Repealed.]

(9) “Person” means a corporation, company, association,or partnership, or an individual.

(10) “Practice of occupational therapy” means the use of goal-directed activities with individuals who are limited by physical limitations due to injury or illness, psychiatric and emotional disorders, developmental or learning disabilities, poverty and cultural differences, or the aging process, in order to maximize independence, prevent disability, and maintain health.

(11) “Substantially related” means the nature of the criminal conduct for which a person was convicted has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of occupational therapy.

(12) “Supervision” means the interactive process between a licensed occupational therapist and an occupational therapy assistant, and requires more than a paper review or cosignature. “Supervision” means that the supervising occupational therapist is responsible for insuring the extent, kind, and quality of the services that the occupational therapy assistant renders.
24 Del. C. § 1739 — Delaware Code / Title 24 / Chapter 17 / Subchapter IV / Section 1739
§ Â
        1739. Protection from liability.
Status: in_force

Pursuant to the State Early Opt-in provision of 42 U.S.C. § 11111(c)(2), the protection from liability set forth in 42 U.S.C. § 11111(a) applies to professional review actions, as defined in 42 U.S.C. § 11151, commenced on or after Sept. 10, 1988.
24 Del. C. § 1799C — Delaware Code / Title 24 / Chapter 17 / Subchapter X / Section 1799C
§ Â
        1799C. Renewal.
Status: in_force

Licenses must be renewed biennially and every licensee for renewal shall be required to complete continuing education credits as determined by regulation. The Board shall determine acceptable sources of continuing education credits as recommended by the Council.
24 Del. C. § 4114 — Delaware Code / Title 24 / Chapter 41 / Subchapter II / Section 4114
§ Â
        4114. Grounds for discipline.
Status: in_force

(a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 4116 of this title, if, after a hearing, the Board finds that the home inspector:

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

(2) Has illegally, incompetently or negligently practiced home inspection.

(3) Has been convicted of a crime that is substantially related to the practice of home inspection. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor.

(4) 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 practitioner, or the abuse of alcoholic beverage such that it impairs the practitioner’s ability to perform the work of a home inspector.

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

(6) Has had that home inspector’s own license as a home inspector 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 home inspector in this State shall be deemed to have given consent to the release of this information by the Board or other comparable agencies in another jurisdiction, and have waived all objections to the admissibility of previously adjudicated evidence of such acts or offenses.

(7) Has failed to notify the Board that the home inspector’s license as home inspector 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 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 home inspection 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. Notice shall be accomplished by mail to the last address of record provided by the licensee. It is the licensee’s responsibility to notify the Division of a change of address within 15 days.
24 Del. C. § 3102 — Delaware Code / Title 24 / Chapter 31 / Subchapter I / Section 3102
§ Â
        3102. Board of Funeral Services.
Status: in_force

(a) There is created a State Board of Funeral Services which shall administer and enforce this chapter.

(b) The Board shall consist of 7 members appointed by the Governor who are residents of this State: Four of whom shall be funeral directors licensed under this chapter and 3 public members. The public members shall not be, nor ever have been, funeral directors, nor members of the immediate family of a funeral director, shall not have been employed by a funeral director, shall not have a material interest in the providing of goods and services to funeral directors; nor have been engaged in an activity directly related to funeral services. 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 succeed oneself for 1 additional term, provided that, where a member was initially appointed to fill a vacancy, such member may succeed oneself for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor.

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

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

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

(g) A member shall be deemed in neglect of duty if the member is absent from 3 consecutive meetings without good cause or if the member attends less than 50% of regular business meetings in a calendar year.

(h) 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 to be determined by the Division in accordance with Del. Const. art. III, §  9.

(i) No member of the Board, while serving on the Board, shall:

(1) Hold elective office in any local, state, or national professional funeral services association.

(2) Serve as the head of a professional funeral services association’s political action committee.

(3) Have any financial interest in any funeral services college, school, or cemetery.

(j) Chapter 58 of Title 29 shall apply to all members of the Board.

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

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

(m) No member of the Board shall be subject to, and all members of the Board shall be immune from, claims, suits, liability, damages, or any other recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken or performed, or recommendation made, so long as such member of the Board acted in good faith and without malice in carrying out the responsibilities, authority, duties, powers, and privileges of the office conferred by law upon the member under this chapter, or any other provisions of Delaware or federal law or rules or regulations, or duly adopted rule or regulation of the Board. Good faith is presumed unless otherwise proven and malice is required to be proven by the complainant.
24 Del. C. § 5311 — Delaware Code / Title 24 / Chapter 53 / Subchapter II / Section 5311
§ Â
        5311. 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 Board fees for the coming year.
24 Del. C. § 1625 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1625
§ Â
        1625. Rules and prohibitions relating to adult entertainment establishments.
Status: in_force

(a) No adult entertainment establishment shall be established in a shopping area containing 1 or more parcels of land owned by a common owner or owners and having in such area 4 or more retail stores.

(b) No adult entertainment establishment shall open to do business before 10:00 a.m., Monday through Saturday; and no adult entertainment establishment shall remain open after 10:00 p.m., Monday through Saturday. No adult entertainment establishment shall be open for business on any Sunday or a legal holiday as designated in § 501 of Title 1. This subsection shall not apply to any business which, on or before January 1, 1997, was regulated under both this chapter and Title 4, and which is not an adult book store, conversation parlor or adult motion picture theater as the same are defined in this chapter.
24 Del. C. § 1799R — Delaware Code / Title 24 / Chapter 17 / Subchapter XI / Section 1799R
§ Â
        1799R. Administrative procedures.
Status: in_force

All procedures under this chapter shall be governed by the Delaware Administrative Procedures Act, Chapter 101 of Title 29.
24 Del. C. § 2930 — Delaware Code / Title 24 / Chapter 29 / Subchapter II / Section 2930
§ Â
        2930. Compensation.
Status: in_force

(a) Written brokerage agreements. — Nothing in this chapter obligates a buyer, tenant, seller or landlord to pay compensation to a broker or brokerage organization unless that party has entered into a written brokerage agreement with the broker or brokerage organization specifying the compensation terms. The compensation agreement may specify that the licensee may cooperate with other licensees. Brokers or brokerage organizations may compensate other brokers or brokerage organizations participating in the transaction without further permission of the party. The source of compensation does not by itself determine brokerage relationships. If a brokerage agreement contemplated one type of transaction such as a sale, but then through the course of continuous negotiations the initial transaction changes to another type of transaction such as a lease, the broker is still entitled to compensation; however, if the initial transaction was a lease which later became a sale, the broker is not entitled to compensation unless the listing agreement, other compensation agreement, or lease provided for compensation for a later sale.

(b) Additional terms. — Nothing in this chapter shall prohibit consumers from entering into written brokerage agreements with a broker or brokerage organization which contain duties, obligations, or responsibilities which are in addition to those specified in this chapter.

(c) Different relationships permitted for different transactions or jurisdictions. — A licensee or brokerage organization may work with a single party in separate transactions pursuant to different brokerage relationships including but not limited to selling 1 property as a seller’s agent and working with that seller in buying another property as buyer’s agent, or seller’s sub-agent where permitted; provided, however, that the licensee or brokerage organization complies with this chapter in establishing the relationships for each transaction. A licensee who is licensed in another jurisdiction may function as a licensee for properties in that jurisdiction even if the brokerage relationship is different in that jurisdiction such as a “transaction broker”, without being considered that status in Delaware.

(d) Compensation to licensee or entity of licensee. — All compensation relating to a real estate services transaction to be paid to a licensee shall be paid through the broker or brokerage organization. The broker or brokerage organization may pay the licensee’s individual compensation to an entity created by the licensee to receive compensation providing the entity is either already approved by the Commission as a brokerage organization or the entity does not need to be approved because it does not engage in the brokerage business but is only established for business purposes to receive the licensee’s compensation. The licensee paid by the broker or brokerage organization may employ licensed or unlicensed staff or team members who shall be paid an hourly wage, salary, or commission according to their agreement with the employing licensee. Nothing in this chapter shall authorize unlicensed personal assistants, independent contractors, or employees to engage in real estate services activities which by statute or regulation of the Commission must be performed by a licensee.
24 Del. C. § 518 — Delaware Code / Title 24 / Chapter 5 / Subchapter II / Section 518
§ Â
        518. 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 podiatrist, 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. § 1909B — Delaware Code / Title 24 / Chapter 19B / Section 1909B
§ Â
        1909B. Rulemaking [Effective upon fulfillment of 83 Del. Laws, c. 110, Â 2].
Status: in_force

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

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

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

(1) On the website of the Commission.

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

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

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

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

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

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

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

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

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

(1) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request.

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

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

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

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

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

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

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

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

(l) The Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the Commission, prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
24 Del. C. § 4021 — Delaware Code / Title 24 / Chapter 40 / Subchapter III / Section 4021
§ Â
        4021. Criminal background checks of new applicants.
Status: in_force

An applicant for licensure or certification under § 4008 or § 4009 of this title shall submit, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following:

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

(2) A report of the individual’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Council shall be the screening point for the receipt of said federal criminal history records.
24 Del. C. § 3705A — Delaware Code / Title 24 / Chapter 37A / Section 3705A
§ Â
        3705A. Compact privilege.
Status: in_force

(a) To exercise the compact privilege under the terms and provisions of the Compact, the audiologist or speech-language pathologist shall:

(1) Hold an active license in the home state.

(2) Have no encumbrance on any state license.

(3) Be eligible for a compact privilege in any member state in accordance with § 3704A of this title.

(4) Have not had any adverse action against any license or compact privilege within the previous 2 years from date of application.

(5) Notify the Commission that the licensee is seeking the compact privilege within a remote state(s).

(6) Pay any applicable fees, including any state fee, for the compact privilege.

(7) Report to the Commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.

(b) For the purposes of the compact privilege, an audiologist or speech-language pathologist shall only hold 1 home state license at a time.

(c) Except as provided in § 3707A of this title, if an audiologist or speech-language pathologist changes primary state of residence by moving between 2 member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the Commission.

(d) The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.

(e) A license shall not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.

(f) If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a non-member state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state, and the privilege to practice in any member state is deactivated in accordance with the rules promulgated by the Commission.

(g) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (a) of this section to maintain the compact privilege in the remote state.

(h) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

(i) A licensee providing audiology or speech-language pathology services in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens.

(j) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until all of the following occur:

(1) The home state license is no longer encumbered.

(2) Two years have elapsed from the date of the adverse action.

(k) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (a) of this section to obtain a compact privilege in any remote state.

(l) Once the requirements of subsection (j) of this section have been met, the licensee must meet the requirements in subsection (a) of this section to obtain a compact privilege in a remote state.
24 Del. C. § 1614 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1614
§ Â
        1614. Form of signature.
Status: in_force

No signature of an applicant or licensee, or of any director, officer, principal stockholder or employee of an applicant or licensee, or of any partner associated with an applicant or licensee, which is required to be affixed to any document filed under this chapter, shall be a facsimile signature.
24 Del. C. § 1223 — Delaware Code / Title 24 / Chapter 12 / Subchapter II / Section 1223
§ Â
        1223. Registration [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

(a) A security alarm system user shall not operate, or cause to be operated, a security alarm system at its security alarm system site without obtaining a valid security alarm system registration. A separate security alarm system registration is required for each security alarm system site.

(b) The security alarm system registration application form must be submitted to the security alarm system administrator within 30 days after the security alarm system at a particular site has been activated or within 30 days after a security alarm system takeover. Failure to submit a timely application will result in a nonregistered security alarm system. Use of a nonregistered security alarm system shall be a violation of this chapter.

(c) Each security alarm system application must include the following information:

(1) The name, complete address (including apartment/suite number) and telephone numbers of the person who will be the registration holder and be responsible for the proper maintenance and operation of the security alarm system;

(2) The name and complete address of the security alarm system site, the classification of the security alarm system site as either residential (includes apartment, condominium, mobile home, etc.) or commercial, and the name, address and telephone number of the person responsible for that security alarm system site;

(3) For each security alarm system located at the security alarm system site, the classification of the security alarm system (i.e. burglary, holdup, duress, panic alarms, etc.) and for each classification whether such alarm is audible or silent;

(4) The mailing address, if different from the address of the security alarm system site;

(5) Any dangerous or special conditions present at the security alarm system site;

(6) The names and addresses of at least 2 individuals who are able to, and have agreed to:

a. Receive notification of a security alarm system activation at any time and who can respond to the security alarm system site and, upon request, gain access to the security alarm system site and deactivate the security alarm system if necessary; or,

b. Receive notification of a security alarm system activation at any time and who has access to the security alarm system user for purposes of deactivating the security alarm system, if necessary.

(7) Type of business conducted at a commercial security alarm system site;

(8) Signed certification from the security alarm system user stating the following:

a. The date of installation, conversion or takeover of the security alarm system, whichever is applicable;

b. The name, address and telephone number of the security alarm system inspection company or companies performing the security alarm system installation; conversion or takeover and of the security alarm system installation company responsible for providing repair service to the security alarm system;

c. The name, address and telephone number of the monitoring company if different from the security alarm system installation company;

d. That a set of written operating instructions for the security alarm system, including written guidelines on how to avoid false alarms, has been left with the applicant by the security alarm system installation company; and,

e. That the alarm installation company has trained the applicant in proper use of the security alarm system, including instructions on how to avoid false alarms.

(9) Acknowledgment that any delay in law-enforcement authority response time may be influenced by factors including, but not limited to priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, etc.

(d) Any false statement of material fact made by an applicant for the purpose of obtaining a security alarm system registration shall be sufficient cause for refusal to issue a registration.

(e) A security alarm system registration shall not be transferable to another person or security alarm system site. A security alarm system user shall inform the security alarm system administrator of any change that alters any of the information listed on the security alarm system registration application within 5 days of such change.
24 Del. C. § 1801 — Delaware Code / Title 24 / Chapter 18 / Subchapter I / Section 1801
§ Â
        1801. Objectives.
Status: in_force

The primary objective of the Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners, to which all other objectives 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 complaint hearings; shall promulgate rules and regulations; and shall impose sanctions, where necessary, against licensees.
24 Del. C. § 2920 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2920
§ Â
        2920. Notice of change in location of business; new license.
Status: in_force

Notice in writing shall be given to the Commission by the broker and include the names of each licensee included in any change of approved office location, whereupon the Commission shall issue a new license to each licensee for the unexpired period upon payment of the fee established by the Division.
24 Del. C. § 1799X — Delaware Code / Title 24 / Chapter 17 / Subchapter XII / Section 1799X
§ Â
        1799X. Licensure.
Status: repealed

(a) On and after July 1, 2014, any person who is engaged in the practice of polysomnography must be licensed as provided in this chapter. It shall be unlawful for any person to engage in the practice of polysomnography on or after July 1, 2014, unless such person is practicing polysomnography under the provisions of this chapter.

(b) Polysomnographic license. — (1) A licensed polysomnographer may provide sleep-related services under the general supervision of a licensed physician;

(2) A person seeking licensure as a licensed polysomnographer must present proof that the person meets the following requirements:

a. Must be at least 18 years of age, and must pay the fees established by the Division of Professional Regulation;

b. The licensed polysomnographer applicant must have successfully completed 1 of the educational requirements in § 1799V of this title and passed an exam which is accredited by an independent outside agency and recommended by the Council and approved by the Board unless otherwise exempt pursuant to paragraph (b)(3) of this section;

c. The licensed polysomnographer applicant must meet any additional educational or clinical requirements established by the Board.

(3) Any individual who is engaged in the practice of polysomnography as of July 1, 2011, shall be eligible for licensure under this chapter without meeting the educational requirement in § 1799V of this title, if the individual has:

a. Passed the national certifying examination given by the BRPT;

b. Been credentialed by the BRPT; and

c. Met any additional educational or clinical requirements established by the Council and approved by the Board.

(4) Before practicing polysomnography, an individual must obtain a polysomnographic license from the Board.

(5) To be eligible for renewal of a license to engage in the practice of polysomnography, a licensed polysomnographer must continue to be credentialed by BRPT, or other organization approved by the Council.

(6) Licensure. — a. No person shall represent oneself or engage in the practice of polysomnography as a licensed polysomnographer in this State or use the title “polysomnographer,” “licensed polysomnographer,” “LPSGT,” or any combination of above terms and/or abbreviations unless such a person is licensed under this subchapter.

b. This subchapter does not prohibit or restrict:

1. Any person licensed in this State under any chapter of this title who are physicians or other healthcare professionals from engaging in the practice for which that person is licensed;

2. The practice of polysomnography by a person who is employed by the United States or state government or any of its bureaus, divisions, or agencies while in the discharge of the employee’s official duties;

3. The supervised practice of polysomnography of a person pursuing a course of study leading to a certificate or degree in polysomnography or an equivalent major, as authorized by the Board, from an accredited school or program approved by the Council, if the activities and services constitute a part of a supervised course of study and if the person is designated by a title that clearly indicates the person’s status as a student. This period is not to exceed 2 years unless written approval is provided by the Board. The individual will be supervised by an individual licensed under this subchapter or a physician; or

4. The provision of diagnostic electroencephalograms conducted in accordance with the guidelines of the American Clinical Neurophysiology Society.

c. The provisions of this subchapter shall not apply to licensed respiratory care practitioners.

(c) Waiver of requirements. — The Polysomnography Advisory Council, by the affirmative vote of 5 of its members and with the approval of the Board within 30 days of the vote, may waive the quarterly meeting requirements of § 1799W(d) of this title.

(d) License denial. — If it appears to the Board that an applicant has been intentionally fraudulent or that an applicant has intentionally submitted, or intentionally caused to be submitted, false information as part of the application process, the Board may not issue a license to the applicant and must report the incident of fraud or submitting false information to the Office of the Attorney General for further action.

(e) An applicant who is applying for licensure under this subchapter shall:

(1) Submit an application prescribed by the Council.

(2) Submit a certified criminal background check pursuant to § 1720(b)(6) of this title.

(3) The applicant may not have an impairment related to the current use of drugs or alcohol which substantially impairs the practice of polysomnography with reasonable skill and safety.

(f) The Board may refuse or reject an applicant, if after hearing, the Board finds that:

(1) The applicant has engaged in activities that are grounds for discipline under § 1799BB of this title.

(2) The applicant has been convicted of a crime substantially related to the practice of polysomnography as determined by the Board in its rules and regulations.

(3) The applicant has been the recipient of any administrative penalties from any other jurisdiction or jurisdictions regarding the applicant’s practice of polysomnography, 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.

(g) Waiver of requirements. — The Council, by the affirmative vote of 3 of its members and with the approval of the Board within a reasonable period of time from the vote, shall waive the requirements of paragraph (f)(2) of this section if it finds, after consideration of the factors set forth in § 8735(x)(3) of Title 29, that a waiver would not create an unreasonable risk to public safety.

(1)-(5) [Repealed.]

(h) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification, and 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.
24 Del. C. § 2117 — Delaware Code / Title 24 / Chapter 21 / Section 2117
§ Â
        2117. 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 or registrant has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation.

(b) Where a license 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 an optometrist, 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. § 1704A — Delaware Code / Title 24 / Chapter 17A / Section 1704A
§ Â
        1704A. Designation of state of principal license.
Status: in_force

(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is any of the following:

(1) The state of principal residence for the physician.

(2) The state where at least 25% of the practice of medicine occurs.

(3) The location of the physician’s employer.

(4) If no state qualifies under paragraph (a)(1), (a)(2), or (a)(3) of this section the state designated as state of residence for purpose of federal income tax.

(b) A physician may re-designate a member state as state of principal license at any time, as long as the state meets the requirements of subsection (a) of this section.

(c) The Interstate Commission is authorized to develop rules to facilitate re-designation of another member state as the state of principal license.
24 Del. C. § 5321 — Delaware Code / Title 24 / Chapter 53 / Subchapter II / Section 5321
§ Â
        5321. Inspections.
Status: in_force

(a) An agent of the Division may enter and inspect during business hours, without prior notice, any massage establishment.

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

(c) If a massage establishment is located within a therapist’s residence, an out call location, or is located within an office space shared with other businesses, an agent of the Division must have independent and sufficient legal justification before inspecting areas not used as a place of business for massage and bodywork by the establishment.
24 Del. C. § 3006 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3006
§ Â
        3006. Powers and duties.
Status: in_force

(a) The Board shall have the power to:

(1) Adopt rules and regulations, which shall be promulgated in accordance with the requirements of the Administrative Procedures Act, Chapter 101 of Title 29.

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

(3) Evaluate the credentials of all applicants in order to determine whether the applicants meet the qualifications for licensing set forth in this chapter.

(4) Grant licenses to and renew licenses of applicants who meet the qualifications for licensure.

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

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

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

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

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

(10) Adopt a code of ethics for each profession licensed by the Board, which code may be a code of ethics adopted by a national organization which certifies members of the profession.

(11) Appoint 1 or more credentialed art therapists to advise and assist the Board in adopting rules and regulations setting qualifications and procedures for licensing professional art therapists, evaluating credentials of applicants, adopting a code of ethics for the practice of art therapy, setting continuing education standards required for license renewal, and providing such other assistance as determined by the Board.

(b) The Board shall, by regulation, identify crimes which are substantially related to the practice of a mental health or chemical dependency professional.
24 Del. C. § 5104 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5104
§ Â
        5104. Board of Cosmetology and Barbering; appointment; composition; qualifications; term of office; suspension or removal; compensation; continuation of former Board.
Status: in_force

(a) The Board of Cosmetology and Barbering shall consist of 13 members appointed by the Governor and shall be composed of the following:

(1) Two cosmetologists.

(2) One nail technician.

(3) One barber.

(4) One aesthetician.

(5) One cosmetology instructor.

(6) One owner or operator of a shop licensed under this chapter.

(7) One owner or administrator of a school licensed under this chapter.

(8) Five public members. A public member may not be any of the following:

a. At any time, a cosmetologist, barber, electrologist, nail technician or aesthetician.

b. A member of the immediate family of a cosmetologist, barber, electrologist, nail technician or aesthetician.

c. Employed by a cosmetologist, barber, electrologist, nail technician or aesthetician.

d. At any time have a material or financial interest in the providing of goods or services to a cosmetologist, barber, electrologist, nail technician or aesthetician.

e. At any time engaged in an activity directly related to cosmetology, barbering, electrology, nail technology or aesthetics.

A public member shall be accessible to inquiries, comments and suggestions from the general public.

(b) Each member shall serve for a term of 3 years, and may successively serve for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may successively serve for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member.

(c) A person who has never served on the Board may be appointed to serve on 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.

(d) Any act or vote by a person appointed in violation of subsection (c) 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 (c) of this section, unless such amendment or revision amends this section to permit such an appointment.

(e) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded.

(f) Any member who fails to attend 3 consecutive regular business 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 by the Governor.

(g) No member of the Board of Cosmetology and Barbering, while serving on the Board, shall be a president, chairperson or other official of a professional cosmetology, barbering, nail technology, electrology or aesthetics association.

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

(i) 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. § 2015A — Delaware Code / Title 24 / Chapter 20A / Section 2015A
§ Â
        2015A. Binding effect of Compact and other laws.
Status: in_force

(a) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

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

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

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

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

(f) 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.