24 Del. C. § 2611C — Delaware Code / Title 24 / Chapter 26C / Section 2611C
§ Â
        2611C. Date of implementation of the Physical Therapy Compact Commission and associated rules, withdrawal, and amendment.
Status: in_force

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

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

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

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

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

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

(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
24 Del. C. § 1703 — Delaware Code / Title 24 / Chapter 17 / Subchapter I / Section 1703
§ Â
        1703. Nonapplicability of certain provisions.
Status: in_force

Provisions of this chapter pertaining to the practice of medicine do not apply to:

(1) A person providing service in an emergency, where no fee or other consideration is contemplated, charged, or received;

(2) Physicians of any civilian or military branch of the United States government in the discharge of their official duties;

(3) Advanced practice nurses, chiropodists, chiropractors, dental hygienists, dentists, emergency medical technicians, optometrists, pharmacists, physical therapists, physician assistants, podiatrists, practical nurses, professional nurses, psychologists, respiratory care practitioners, veterinarians, or persons engaged in other professions or occupations who are certified, licensed, or registered according to law and are acting within the scope of the activity for which they are certified, licensed, or registered;

(4) A person administering a lawful domestic or family remedy to a member of that person’s family;

(5) A person fully certified, licensed, or otherwise authorized to practice medicine in another state of the United States who briefly renders emergency medical treatment or briefly provides critical medical service at the specific lawful direction of a medical institution or federal agency that assumes full responsibility for the treatment or service;

(6) A person who has earned a doctorate degree from a recognized college or university and who uses the designation of “Dr.” in connection with that person’s name or calls oneself “Doctor”, except in matters related to medicine or health, in which case the type of doctorate held must be specified;

(7) The mechanical application of glasses;

(8) The practice of massage;

(9) The business of barbering, cosmetology, and manicuring;

(10) The practice of ritual circumcision performed pursuant to the requirements or tenets of a religion; provided, however, that a person certified and registered to practice medicine in this State certifies in writing to the Board that, in the person’s opinion, the circumcision practitioner has sufficient knowledge and competence to perform a ritual circumcision according to accepted medical standards;

(11) The practice of healing by spiritual means in accordance with the tenets and practice of a religion by an accredited practitioner of the religion. In the practice of healing by spiritual means, an accredited practitioner may not use medical titles or other designations which imply or designate that the practitioner is certified to practice medicine in this State. A person engaged in the practice of healing by spiritual means may not perform surgical operations or prescribe medications, nor may a pharmacist or pharmacy honor a prescription drawn by the person. A person engaged in the practice of healing by spiritual means must observe all state and federal public health laws;

(12) A physician from another state or jurisdiction who is in this State to testify in a judicial or quasi judicial proceeding;

(13) The performing of delegated medical acts pursuant to subchapter VI of this chapter by a person who is licensed by the Board as a physician assistant;

(14) A person rendering medical, surgical, or other health services who is functioning as a member of an organized emergency program which has been approved by the Board of Medical Licensure and Discipline; who has successfully completed an emergency medical course; and who is acting under the supervision and control of a person certified and registered to practice medicine in this State or in a state contiguous to this State;

(15) A licensed registered nurse making a pronouncement of death and signing all forms or certificates registering the death as permitted or required by the State, but only if the nurse is an attending nurse caring for a terminally ill patient:

a. In the patient’s home or place of residence as part of a hospice program or a certified home healthcare agency program;

b. In a skilled nursing facility;

c. In a residential community associated with a skilled nursing facility;

d. In an extended care facility; or

e. In a hospice;

and only if the attending physician of record has agreed in writing to permit the attending licensed registered nurse to make a pronouncement of death in that case;

(16) The provisions of subchapter II, Chapter 27 of Title 16, the Uniform Anatomical Gift Act;

(17) A medical student who is engaged in training;

(18) A person performing health care acts pursuant to Chapter 94 of Title 16 and § 1921(a) of this title;

(19) Notwithstanding the provisions of § 1702(14)e. of this title, a physician licensed in another state or the District of Columbia may render a written or otherwise documented medical opinion to a person covered by the State Group Health Insurance Program pursuant to any second opinion or diagnosis evaluation program offered by the State Group Health Insurance Program without obtaining a certificate to practice medicine in this State.
24 Del. C. § 4401 — Delaware Code / Title 24 / Chapter 44 / Subchapter I / Section 4401
§ Â
        4401. Short title.
Status: in_force

This chapter shall be known as and may be cited as the “Manufactured Home Installation Act.”
24 Del. C. § 1635 — Delaware Code / Title 24 / Chapter 16 / Subchapter II / Section 1635
§ Â
        1635. Closure of certain public nuisances.
Status: in_force

(a) After the Secretary has issued the notice and warning described in § 1634 of this title, the management, owner or tenant shall have 10 days to request a hearing before the Secretary or a hearing officer appointed by the Secretary, for a final determination as to whether or not the site is a hazardous site. If the management, owner or tenant of the premises does not, within 10 days of the notice, request a hearing, the Secretary shall then cause the premises to be posted with a warning advising the public that the premises have been declared a hazardous site. The Secretary shall then issue an order to the management, owner or tenant of such premises to take measures to bring the premises into compliance with § 1633 of this title.

(b) If the management, owner or tenant of the premises requests a hearing, the hearing shall be held before the Secretary or a hearing officer approved by the Secretary at a date not more than 30 days after such request for a hearing. After considering all evidence, the Secretary or the hearing officer, as the case may be, shall make a determination as to whether or not the premises constitute a hazardous site. If the Secretary or hearing officer makes a determination that the premises constitute a hazardous site, the Secretary shall then issue an order and cause the premises, building or structure to be posted with a warning advising the public that the premises have been declared a hazardous site.

(c) If, after 30 days from issuance of the Secretary’s order to the management, owner or tenant of the hazardous site, the Secretary determines that the measures to bring the premises into compliance, and to prevent high-risk sexual conduct have not been undertaken, the Secretary may declare the site to be a public nuisance, and:

(1) Order the abatement of the hazardous site as a public nuisance, which order shall be enforced by mandatory or prohibitory injunction in a court of competent jurisdiction; and/or

(2) May secure a court order for the closure of the premises constituting a hazardous site until the premises, building or structure is in compliance with the standards set forth in § 1633 of this title; or

(3) May, in compliance, with § 310 of Title 16, take such steps as are set forth therein for the abatement of a nuisance.

(d) The management, owner or tenant may, within 30 days of the Secretary’s order, apply to the Superior Court for a civil trial de novo of any finding or findings made by the Secretary or hearing officer, and of any charges brought against said management, owner or tenant.
24 Del. C. § 3051 — Delaware Code / Title 24 / Chapter 30 / Subchapter IV / Section 3051
§ Â
        3051. Definitions.
Status: repealed

(a) [Repealed.]

(b) “Licensed associate marriage and family therapist” (LAMFT) is an individual licensed as an associate marriage and family therapist under this chapter who is obtaining experience under professional direct supervision for the purpose of becoming licensed as a marriage and family therapist.

(c) “Licensed marriage and family therapist” (LMFT) is an individual licensed as a marriage and family therapist under this chapter who offers to individuals, couples, families or groups professional marriage and family services either directly to the general public or through public or private organizations.

(d) “Marriage and family therapy” includes the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of interpersonal relationships, including marriage and family systems, and involves the professional application of psychotherapy, assessment instruments, counseling, consultation, treatment planning, and supervision in the delivery of services to individuals, couples and families.

(e) “Professional direct supervision” is face-to-face consultation, on a regularly scheduled basis, between a supervisee and a qualified, licensed marriage and family therapist (LMFT) 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.
24 Del. C. § 519 — Delaware Code / Title 24 / Chapter 5 / Subchapter III / Section 519
§ Â
        519. Exemptions.
Status: in_force

(a) Nothing in this chapter shall be construed to prevent:

(1) Persons who are licensed to practice podiatry in any other state, district or foreign country from entering this State, as practicing podiatrists, to consult with a podiatrist of this State. Such consultation shall be limited to examination, recommendation and testimony in litigation.

(2) Any student of an accredited school or college of podiatry from receiving practical training under the personal supervision of a licensed podiatrist in this State.

(3) Any person from completing a Council on Podiatric Medical Education-approved hospital residency program in this State.

(4) Any podiatrist or surgeon, commissioned by any of the armed forces of the United States or by the United States Public Health Service, from practicing podiatry on the podiatrist’s or surgeon’s designated facility in this State.

(5) Any physician licensed in this State from practicing podiatry in this State.

(b) This chapter shall not prohibit the fitting, recommending or sale of corrective shoes, arch supports or similar mechanical appliances by retail dealers or manufacturers. However, no representative of a dealer or manufacturer shall be permitted to medically diagnose, treat or prescribe for any foot or ankle ailment, disease or deformity, unless such person is licensed to practice podiatry in this State.
24 Del. C. § 5221 — Delaware Code / Title 24 / Chapter 52 / Subchapter III / Section 5221
§ Â
        5221. Exemptions.
Status: in_force

Nothing in this chapter shall be construed to prevent the practice of nursing home administration by persons registered with the Board and working under the direct supervision of a Delaware licensed nursing home administrator; such licensed nursing home administrator shall be responsible for the activities of the unlicensed person practicing nursing home administration in this State.
24 Del. C. § 2607C — Delaware Code / Title 24 / Chapter 26C / Section 2607C
§ Â
        2607C. Establishment of the Physical Therapy Compact Commission.
Status: in_force

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

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

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

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

(b) Membership, voting, and meetings. —

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

(2) The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.

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

(4) The member state board shall fill any vacancy occurring in the Commission.

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

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

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

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

(1) Establish the fiscal year of the Commission.

(2) Establish bylaws.

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

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

(5) Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states.

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

(7) Purchase and maintain insurance and bonds.

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

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

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

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

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

(13) Establish a budget and make expenditures.

(14) Borrow money.

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

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

(17) Establish and elect an Executive Board.

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

(d) The Executive Board. —

The Executive Board shall have the power to act on behalf of the Commission according to the terms of this Compact.

(1) The Executive Board shall be composed of the following 9 members:

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

b. One ex-officio, nonvoting member from the recognized national physical therapy professional association.

c. One ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.

(2) The ex-officio members will be selected by their respective organizations.

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

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

(5) The Executive Board shall have all of the following duties and responsibilities:

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

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

c. Prepare and recommend the budget.

d. Maintain financial records on behalf of the Commission.

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

f. Establish additional committees as necessary.

g. Other duties as provided in rules or bylaws.

(e) Meetings of the Commission. —

(1) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in § 2609C of this title.

(2) The Commission or the Executive Board or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Board or other committees of the Commission must discuss any of the following:

a. Non-compliance of a member state with its obligations under the Compact.

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

c. Current, threatened, or reasonably anticipated litigation.

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

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

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

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

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

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

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

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

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

(f) Financing of the Commission. —

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

(2) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

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

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

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

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

(1) The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph (g)(1) shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or wilful or wanton misconduct of that person.

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

(3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or wilful or wanton misconduct of that person.
24 Del. C. § 1325 — Delaware Code / Title 24 / Chapter 13 / Section 1325
§ Â
        1325. Possession of identification card.
Status: in_force

Any person who has been issued an identification card by the Board of Examiners shall be required to have such card in their possession while in the performance of the person’s duties.
24 Del. C. § 2921 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2921
§ Â
        2921. Notice and procedure on termination of licenseeâs employment; new license as prerequisite to resumption; inactive status.
Status: in_force

(a) When any licensee is terminated by the broker or broker organization or voluntarily terminates, the broker shall immediately notify the Commission of such termination.

(1) Upon the broker terminating the licensee, the broker, at the time of the notification to the Commission, shall address a communication to the last known address of such licensee. The communication shall advise the licensee of the termination. A copy of the communication to the licensee shall accompany the notification to the Commission.

(2) No terminated licensee shall perform any real estate services or engage directly or indirectly in providing real estate services until the Commission, in its discretion, shall issue a new license showing a new broker and a new approved business location.

(b) Upon completion of a form as provided in the rules and regulations and payment of the prescribed fee, the Commission shall place any active licensee on an inactive status for an unlimited amount of time. A licensee may reactivate an inactive status license, subject to payment of the biennial registration fees, for such time as the license has been inactive, and upon submission of proof of fulfillment of continuing education requirements for each renewal period.

(c) A licensee may transfer his or her license from 1 broker to another upon completion of a form as provided in the rules and regulations and upon payment of the prescribed fee. The releasing broker must file a completed form with the Commission within 5 business days of obtaining a sponsoring broker and the transferring licensee’s signatures on the form.
24 Del. C. § 1621 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1621
§ Â
        1621. Records; inspection of records.
Status: in_force

(a) Every adult entertainment establishment which is licensed under this chapter shall maintain on the premises a record which shall state the name and address of every person, distributor, wholesaler or publisher from whom said establishment has received any sexually-oriented material, and the date such material was received, for purposes of sale, exhibition or dissemination on the premises after the effective date of this chapter.

(b) All records which are required to be maintained pursuant to this section shall be subject to inspection on demand by any peace officer or by the Commission or any member thereof.

(c) Violation of this section shall be punished by a fine of not more than $200 or by imprisonment for not more than 6 months, or both.
24 Del. C. § 2506 — Delaware Code / Title 24 / Chapter 25 / Subchapter I / Section 2506
§ Â
        2506. Authority of the Board [Effective until June 30, 2026].
Status: in_force

(a) The Board of Pharmacy has the authority to:

(1) Promulgate rules and regulations in accordance with the procedures specified in the Administrative Procedures Act [Chapter 101 of Title 29];

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

(3) Designate the national standardized examinations in pharmacy and jurisprudence as approved by the National Association of Boards of Pharmacy, or its successor, to be taken by a person applying for a license to practice pharmacy;

(4) Evaluate the credentials of each person applying for a license to practice pharmacy in order to determine whether the person meets the qualifications set forth in this chapter;

(5) Grant a license to and renew the license of each person who qualifies for a license to practice pharmacy; and grant or renew a license with restrictions, if appropriate, as a reasonable accommodation to an applicant with a disability;

(6) Establish by regulation continuing education standards required for license renewal;

(7) Evaluate certified records, including criminal history records, to determine whether an applicant for licensure who previously has been licensed, certified, or registered in another jurisdiction to practice pharmacy 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;

(8) Maintain a registry of interns;

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

(10) Issue subpoenas to require the attendance of persons and the production of books and papers for the purpose of conducting investigations preliminary to hearings and for the purpose of eliciting testimony at hearings. A person who is subpoenaed may be required to testify in any and all matters within the jurisdiction of the Board. Subpoenas may be issued by the Director of the Division of Professional Regulation or the Executive Secretary of the Board and are enforceable by the Superior Court;

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

(12) Designate and impose an appropriate sanction or penalty, if it has been determined after a hearing that a sanction or penalty should be imposed;

(13) Evaluate applications and issue permits to pharmacies or other establishments, as provided under this chapter;

(14) Join professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of pharmacy for the protection of the health, safety, and welfare of the public and whose activities assist and facilitate the work of the Board, and pay annual dues to the organizations and associations joined;

(15) Regulate the sale and dispensing of drugs and other materials, including the right to seize any drugs and other materials found by the Board to be detrimental to the public health, safety, or welfare, in accordance with Chapter 33 of Title 16;

(16) Regulate the purity and quality of drugs and other materials within the practice of pharmacy;

(17) Promulgate rules and regulations to implement the law relating to pure drugs, pursuant to § 3315 of Title 16;

(18) Appoint public members and pharmacists to the Pharmacy Regulatory Council of the Board of Medical Licensure and Discipline.

(b) The Board of Pharmacy shall promulgate regulations specifically identifying those crimes, which are substantially related to the practice of pharmacy.

(c) The Board shall submit a written report to the Governor within 3 months after the conclusion of each fiscal year and shall make the report available to anyone requesting a copy.
24 Del. C. § 3005A — Delaware Code / Title 24 / Chapter 30A / Section 3005A
§ Â
        3005A. Obtaining a new home state license based on a privilege to practice.
Status: in_force

(a) A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only 1 member state at a time.

(b) If a licensed professional counselor changes primary state of residence by moving between 2 member states:

(1) The licensed professional counselor shall file an application for obtaining a new home state license based on a privilege to practice, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the Commission.

(2) Upon receipt of an application for obtaining a new home state license by virtue of a privilege to practice, the new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in § 3004A of this title via the data system, without need for primary source verification except for:

a. A Federal Bureau of Investigation fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with U.S. Public Law 92-544;

b. Other criminal background check as required by the new home state; and

c. Completion of any requisite jurisprudence requirements of the new home state.

(3) The former home state shall convert the former home state license into a privilege to practice once the new home state has activated the new home state license in accordance with applicable rules adopted by the Commission.

(4) Notwithstanding any other provision of this Compact, if the licensed professional counselor cannot meet the criteria in § 3004A of this title, the new home state may apply its requirements for issuing a new single state license.

(5) The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a new home state license.

(c) If a licensed professional counselor changes primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria shall apply for issuance of a single state license in the new state.

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

(e) Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single state license.
24 Del. C. § 1213 — Delaware Code / Title 24 / Chapter 12 / Subchapter I / Section 1213
§ Â
        1213. Disciplinary proceedings; appeal [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

(a) Grounds. —

Subject to the provisions of this chapter, the Superintendent may impose any of the sanctions listed in subsection (b) of this section, singly or in combination, when it finds an applicant, licensee, officer, compliance agent or employee is guilty of any of the following offenses:

(1) Conducting a security alarm business without a license.

(2) Working as an employee or licensee without an identification card.

(3) Lacking good character and legitimate purpose § 1204(b) of this title.

(4) Obtaining criminal charges pursuant to § 1205 of this title.

(5) Failing to obtain an identification card under § 1209 of this title.

(6) Failing to notify subscribers of a security alarm business of a suspension or revocation of its license.

(7) Failing to file a surety bond under § 1211 of this title.

(8) Failing to surrender a revoked license or identification card.

(9) Submitting false or fraudulent information on an application for a license or identification card.

(10) Violating any provision of this chapter or any promulgated rule or regulation.

(b) Disciplinary sanctions. —

(1) Permanently revoke a license or identification card.

(2) Suspend a license or identification card.

(3) Issue a letter of reprimand.

(4) Refuse to issue a license or identification card.

(5) Refuse to renew a license or identification card.

(6) Other discipline as considered appropriate and necessary.

(c) Procedure. —

(1) After receipt of written notice from the Professional Licensing Section of the Director’s denial, suspension, or revocation of a license or identification card, the applicant, licensee, officer, compliance agent or employee shall be afforded a hearing before the Superintendent.

(2) The accused may be represented by counsel who shall have the right of examination and cross examination.

(3) Testimony before the Superintendent shall be under oath.

(4) A record of the hearing shall be made. At the request and expense of any party such record shall be transcribed with a copy to the other party.

(5) The Superintendent’s decision shall be based upon sufficient legal evidence. If the charges are supported by such evidence, the Superintendent may sanction such a person as provided by subsection (b) of this section. A suspended license may be reissued upon a further hearing initiated at the request of the suspended licensee, officer, compliance agent or employee by written application to the Director.

(d) All decisions of the Superintendent shall be final and conclusive. Where applicant, licensee, officer, compliance agent or employee is in disagreement with the action of the Superintendent, the practitioner may appeal the Superintendent’s decision to the Secretary of the Department within 30 days of service or the postmarked date of the copy of the decision mailed to the individual. The appeal shall be on the record to the Secretary as provided in the Administrative Procedures Act §§ 10142-10145 of Title 29.
24 Del. C. § 2311 — Delaware Code / Title 24 / Chapter 23 / Subchapter II / Section 2311
§ Â
        2311. Qualifications.
Status: in_force

An applicant applying for a pawnbroker, secondhand dealer or scrap metal processor license must meet and maintain the following qualifications:

(1) Must be at least 18 years of age.

(2) Must submit a current valid Delaware business license issued by the Delaware Division of Revenue,

(3) Must notify the Section, within 10 days, of any change of address, phone number, email address or contact person for the business.

(4) Must not have any pending criminal charges.

(5) Must not have been convicted of a felony within 5 years of application date.

(6) Must not have been convicted of any misdemeanor involving a theft-related offense, or moral turpitude within 3 years of the application.
24 Del. C. § 3503 — Delaware Code / Title 24 / Chapter 35 / Subchapter I / Section 3503
§ Â
        3503. Board of Examiners of Psychologists; appointments; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.
Status: in_force

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

(b) The Board shall consist of 9 members appointed by the Governor, who are residents of this state: 5 of whom shall be psychologists licensed under this chapter and 4 public members. At least 3 members of the Board shall be engaged full time in the practice of psychology. The public members shall not be, nor ever have been, psychologists or psychological assistants, nor members of the immediate family of a psychologist or psychological assistant; shall not have been employed by a psychologist or psychological assistant; shall not have a material interest in the providing of goods and services to psychologists or psychological assistants; nor have been engaged in an activity directly related to psychology. The public members shall be accessible to inquiries, comments and suggestions from the general public.

(c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may serve 1 additional term in succession; provided, however, that where a member was initially appointed to fill a vacancy, such member may serve only 1 additional full term in succession. 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. Persons who are members of the Board on June 12, 1995, shall complete their terms.

(d) A person who has never served on the Board may be appointed to the Board for 2 consecutive terms; but no such person shall thereafter be eligible for 2 consecutive appointments. No person, who has been twice appointed to the Board or who has served on the Board for 6 years within any 9-year period, shall again be appointed to the Board until an interim period of at least 1 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) No member of the Board, while serving on the Board, shall hold elective office in any professional association of psychologists.

(h) The provisions set forth for “employees” in Chapter 58 of Title 29 shall apply to all members of the Board, and to all agents appointed, or otherwise employed, by 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, shall be guilty of neglect of duty.

(j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9.
24 Del. C. § 2822 — Delaware Code / Title 24 / Chapter 28 / Section 2822
§ Â
        2822. Public works.
Status: in_force

(a) The State, its political subdivisions, agencies, commissions, and authorities shall not solicit or receive proposals for, or engage in, the construction of public works involving the practice of engineering as defined in this chapter, unless:

(1) The engineer, partnership or corporation which will perform and/or take responsibility for all engineering work, as identified in the proposal, is authorized to practice engineering under this chapter at the time of submission of the proposal; and

(2) The engineering study, drawings, specifications, and estimates are prepared by, and the construction is executed under the responsible charge or direct supervision of a licensee.

(b) Any contract executed in violation of this section shall be null and void.
24 Del. C. § 2012 — Delaware Code / Title 24 / Chapter 20 / Subchapter II / Section 2012
§ Â
        2012. Duty to report unprofessional conduct; inability to practice.
Status: in_force

(a) A licensee has a duty to report to the Division information that the licensee reasonably believes indicates that the licensee or another licensee has engaged in or is engaging in conduct that constitute grounds for disciplinary action under this chapter. A licensee shall report to the Board within 30 days of the occurrence of any of the following:

(1) A partial or full removal of the licensee’s or another licensee’s hospital privileges based on adverse events, unprofessional conduct, or competency issues.

(2) A disciplinary action taken by any regulatory agency against the licensee or another licensee.

(3) A reasonably-substantiated incident involving violence, threat of violence, abuse, or neglect by the licensee or another licensee toward another person.

(b) (1) A licensee is subject to temporary or permanent license restriction, suspension, or revocation if the licensee is unable to practice the occupation with reasonable skill or safety to patients due to any of the following circumstances:

a. Mental illness or mental incompetence.

b. Physical illness, including deterioration due to aging or loss of motor skills.

c. Excessive use or abuse of drugs or alcohol.

(2) A license may be permanently restricted, suspended, or revoked after a hearing under § 2006(a)(11) of this title.

(3) A license may be temporarily restricted, suspended, or revoked after a hearing under § 2006(a)(11) of this title or, if circumstances present an immediate danger to the public health, safety, or welfare, without a hearing and under the process established in § 2017(c) of this title.
24 Del. C. § 5125 — Delaware Code / Title 24 / Chapter 51 / Subchapter II / Section 5125
§ Â
        5125. License requirement; applicability of chapter.
Status: in_force

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

(b) Whenever a license to practice as an aesthetician or act as an instructor of aesthetics has expired or been suspended or revoked, it shall be unlawful for the person to practice aesthetics or act as an instructor of aesthetics.

(c) A person may not seek a license or renewal of license by means of false or fraudulent actions or misrepresentations.

(d) No person, firm, corporation, partnership or other legal entity shall operate, maintain or use premises for the offering or rendering of any 1 or more of the services encompassed in the definition of aesthetics without first having secured a shop license from the Board. Applications for licensure shall be submitted on a form prescribed by the Board, together with the required fees set biennially by the Division of Professional Regulation. All aesthetics shops shall renew their licensure biennially, paying fees set by the Division of Professional Regulation. All aesthetics shops shall fully comply with all the rules and regulations promulgated by the Board as provided for in this chapter.
24 Del. C. § 1827 — Delaware Code / Title 24 / Chapter 18 / Subchapter III / Section 1827
§ Â
        1827. Grounds for discipline or other remediation.
Status: in_force

(a) An individual licensed under this chapter is subject to disciplinary sanctions set forth in § 1828 of this title or other appropriate remediation, if, after a hearing, the Board finds that the licensee has:

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

(2) Illegally, incompetently, or negligently provided HVACR or HVACR restricted services;

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

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

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

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

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

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

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

(b) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license.
24 Del. C. § 1905 — Delaware Code / Title 24 / Chapter 19 / Section 1905
§ Â
        1905. Delaware Board of Nursing â Executive Director.
Status: in_force

The Executive Director shall be a registered nurse with at least 5 years’ experience in an administrative or teaching position, have earned a master’s degree in nursing, nursing education, education or a related health field.
24 Del. C. § 3518 — Delaware Code / Title 24 / Chapter 35 / Subchapter II / Section 3518
§ Â
        3518. Reinstatement of a suspended license; removal from probationary status.
Status: repealed

(a) As a condition to reinstatement of a suspended license or registration, or removal from probationary status, the Board may reinstate such license or registration 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 or registration has been suspended due to the licensee’s or registrant’s inability to practice pursuant to this chapter, the Board may reinstate such license or registration, if, after a hearing, the Board is satisfied that the licensee or registrant is again able to perform the essential functions of a psychologist or psychological assistant, 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. § 1615 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1615
§ Â
        1615. Personal appearance required.
Status: in_force

(a) No license shall be issued under this chapter except upon personal appearance of the applicant before a member of the Commission. The applicant shall affix the applicant’s signature and Social Security number to the application for license in said member’s presence and shall acknowledge under oath that said application for license is the applicant’s act and deed and that the facts stated therein are true.

(b) Where the applicant is a corporation, subsection (a) of this section shall be satisfied by the appearance, signature and Social Security number of a director on behalf of the corporation in the same manner. Where the applicant is a partnership or other unincorporated association, subsection (a) of this section shall be satisfied by the appearance, signature and Social Security number of a general partner or member on behalf of the applicant.
24 Del. C. § 1417 — Delaware Code / Title 24 / Chapter 14 / Subchapter III / Section 1417
§ Â
        1417. Homeownerâs Permits.
Status: in_force

(a) Any person, who plans to install that person’s own internal wiring, electrical work or equipment, including the main breaker or fuse, in or about that person’s own home, that is not for sale nor any part for rent, excluding swimming pools and hot tubs, shall obtain a homeowner’s permit. Permits shall be valid for 1 year. Failure of the homeowner to obtain a final inspection of the homeowner’s work shall be cause for the Board to cancel the homeowner’s permit.

(b) Persons applying for a homeowner’s permit shall submit a photo identification, copy of the deed to the home and title or contract of sale for the mobile home (if applicable).

(c) Application for a homeowner’s permit shall be available at the Board office in Dover, or by mail. The Division shall issue the permit only to those persons who fulfill the requirements of this section.
24 Del. C. § 2009A — Delaware Code / Title 24 / Chapter 20A / Section 2009A
§ Â
        2009A. Establishment of the Occupational Therapy Compact Commission.
Status: in_force

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

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

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

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

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

(2) The delegate shall be either:

a. A current member of the licensing board, who is an occupational therapist, occupational therapy assistant, or public member; or

b. An administrator of the licensing board.

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

(4) The member state board shall fill any vacancy occurring in the Commission within 90 days.

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

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

(7) The Commission shall establish by rule a term of office for delegates.

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

(1) Establish a code of ethics for the Commission.

(2) Establish the fiscal year of the Commission.

(3) Establish bylaws.

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

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

(6) Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states.

(7) Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state occupational therapy licensing board to sue or be sued under applicable law shall not be affected.

(8) Purchase and maintain insurance and bonds.

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

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

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

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

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

(14) Establish a budget and make expenditures.

(15) Borrow money.

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

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

(18) Establish and elect an Executive Committee.

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

(d) The Executive Committee. —

The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact.

(1) The Executive Committee shall be composed of 9 members.

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

b. One ex-officio, nonvoting member from a recognized national occupational therapy professional association.

c. One ex-officio, nonvoting member from a recognized national occupational therapy certification organization.

(2) The ex-officio members will be selected by their respective organizations.

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

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

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

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

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

c. Prepare and recommend the budget.

d. Maintain financial records on behalf of the Commission.

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

f. Establish additional committees as necessary.

g. Perform other duties as provided in rules or bylaws.

(e) Meetings of the Commission. — (1) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in § 2011A of this title.

(2) The Commission or the Executive Committee or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or Executive Committee or other committees of the Commission must discuss:

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

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

c. Current, threatened, or reasonably anticipated litigation;

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

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

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

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

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

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

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

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

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

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

(2) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

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

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

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

(g) Qualified immunity, defense, and indemnification. — (1) The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or wilful or wanton misconduct of that person.

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

(3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or wilful or wanton misconduct of that person.
24 Del. C. § 1121 — Delaware Code / Title 24 / Chapter 11 / Subchapter II / Section 1121
§ Â
        1121. License required.
Status: in_force

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

(b) A dental hygienist licensed under this chapter shall practice dental hygiene only under the general supervision of a licensed dentist, in the office of the licensed dentist, or in any public school or other public institution of this State, except that a dental hygienist may only administer local anesthesia under the direct supervision of a licensed dentist.

(c) A licensed dental hygienist may practice under the general supervision of the State Dental Director, or the State Dental Director’s designee, who shall be a licensed Delaware dentist, in schools and state institutions. A licensed dental hygienist may also practice under the general supervision of the State Dental Director, or the State Dental Director’s designee, who shall be a Delaware licensed dentist, in federally qualified health centers, nonprofit organizations, and other locations as designated by the Delaware Health Care Commission in consultation with Delaware Institute for Dental Education and Research. The protocols under which hygienists practice in these settings will be established by the State Dental Director and shall be subject to the approval of the Delaware State Board of Dentistry and Dental Hygiene. In any setting, a dental hygienist may only administer local anesthesia under the direct supervision of a licensed dentist.

(d) The State Dental Director must be a Delaware licensed dentist or have a community health license under § 1132B of this title. The State Director is an employee of a government-operated dental clinic.

(e) Whenever a license to practice as a dentist or dental hygienist in this State has expired or has been suspended or revoked, it shall be unlawful for the person to practice dentistry or dental hygiene in this State.
24 Del. C. § 1920 — Delaware Code / Title 24 / Chapter 19 / Section 1920
§ Â
        1920. License requirements; use of abbreviations.
Status: in_force

(a) No person shall engage in the practice of professional nursing in Delaware without being licensed by the Board, except those persons issued a temporary permit by the Board.

(b) No person shall engage in practice as an advanced practice registered nurse without a board-issued license as an advanced practice registered nurse. Notwithstanding any provision to the contrary, the use of title and abbreviation for advanced practice registered nurses is authorized in accordance with the following:

(1) Only certified registered nurse anesthetists may use that title, the abbreviation “CRNA” or any other words, letters, signs or figures indicating that the person using the same is a certified registered nurse anesthetist.

(2) Only certified nurse practitioners may use that title, the abbreviation “CNP” or any other words, letters, signs or figures indicating that the person using the same is a certified nurse practitioner.

(3) Only certified nurse midwives may use that title, the abbreviation “CNM” or any other words, letters, signs or figures indicating that the person using the same is a certified nurse midwife.

(4) Only clinical nurse specialists may use that title, the abbreviation “CNS” or any other words, letters, signs or figures indicating that the person using the same is a clinical nurse specialist.

(5) The abbreviation for the “APRN” designation for a certified nurse practitioner, a certified registered nurse anesthetist, a certified nurse midwife, and for a clinical nurse specialist will be “APRN,” plus the role title, i.e., “CNP,” “CRNA,” “CNM,” or “CNS.” It shall be unlawful for any person to use the title “APRN” or “APRN” plus their respective role titles, authorized abbreviations or any other title that would lead a person to believe the individual is an APRN, unless permitted by this chapter.

(c) No person shall knowingly employ a graduate of a professional nursing program or a registered nurse to engage in the practice of professional nursing without a temporary permit or license from the Board.

(d) Only registered nurses shall use that title, the title “nurse”, the abbreviation of “R.N.” or any other words, letters, signs or figures indicating that the person using the same is a registered nurse.

(e) No person shall practice practical nursing in Delaware without being licensed by the Board, except those persons issued a temporary permit by the Board.

(f) No person shall knowingly employ a graduate of a practical nursing program or a licensed practical nurse to engage in the practice of practical nursing without a temporary permit or license from the Board.

(g) Only licensed practical nurses shall use that title, the title “nurse”, the abbreviation “L.P.N.” or any other words, letters, signs or figures indicating that the person using the same is a licensed practical nurse.

(h) A nonhuman entity, including an agent powered by artificial intelligence, may not be licensed in any of the following:

(1) The practice of professional nursing.

(2) Practice as an advanced practice registered nurse.

(3) The practice of practical nursing.

(i) A nonhuman entity, including an agent powered by artificial intelligence, may not use any of the following titles or abbreviations:

(1) Advanced practice registered nurse or the abbreviation “APRN.”

(2) Certified registered nurse anesthetist or the abbreviation “CRNA.”

(3) Clinical nurse specialist or the abbreviation “CNS.”

(4) Certified nurse practitioner or the abbreviation “CNP.”

(5) Certified nurse midwife or the abbreviation “CNM.”

(6) Nurse.

(7) Registered nurse or the abbreviation “RN.”

(8) Licensed practical nurse or the abbreviation “LPN.”

(9) Doctor or the abbreviation “Dr.”
24 Del. C. § 1799S — Delaware Code / Title 24 / Chapter 17 / Subchapter XI / Section 1799S
§ Â
        1799S. Procedure or action not described.
Status: in_force

This subchapter governs the practice of genetic counseling practitioners. If a procedure or action is not specifically prescribed in the subchapter, but is prescribed in the subchapters relating to the practice of medicine, and the procedure or action would be useful or necessary for the regulation of genetics counseling practitioners, the Board may, in its discretion, proceed in a manner prescribed for physicians in the practice of medicine.
24 Del. C. § 1906 — Delaware Code / Title 24 / Chapter 19 / Section 1906
§ Â
        1906. Delaware Board of Nursing â Powers and duties.
Status: in_force

(a) The Board shall:

(1) Adopt and, from time to time, revise such rules and regulations and standards not inconsistent with the law as may be necessary to enable it to carry into effect this chapter.

(2) Approve curricula and develop criteria and standards for evaluating educational programs preparing persons for license under this chapter.

(3) Provide for surveys of such programs at such times as it may deem necessary.

(4) Approve such programs as meet the requirements of this chapter and of the Board.

(5) Deny or withdraw approval from educational programs for failure to meet approved curricula or other criteria.

(6) Examine, license, and renew licenses of duly qualified applicants, including applicants for conducting nursing educational programs and shall also prescribe the procedures for subsequent examinations of applicants who fail an examination.

(7) Establish categories of advanced practice registered nurses in the roles of certified nurse practitioner (CNP), certified registered nurse anesthetist (CRNA), certified nurse midwife (CNM), and clinical nurse specialist (CNS) and in the population foci of family/individual across the lifespan, adult-gerontology, neonatal, pediatrics, women’s health/gender-related, or psychiatric/mental health. Each APRN must use the designation “APRN” plus role title as a minimum for purposes of identification and documentation. When providing nursing care, the APRN must provide clear identification that indicates their APRN designation.

(8) Issue a temporary permit to practice nursing to applicants who apply for licensure by endorsement and to new graduates awaiting results of the first licensing examination.

(9) Conduct hearings upon charges calling for discipline of a licensee or revocation of a license.

(10) Have the power to issue subpoenas and compel the attendance of witnesses, and administer oaths to persons giving testimony at hearings.

(11) Cause the prosecution of all persons violating this chapter and have the power to incur such necessary expenses therefor.

(12) Keep a record of all its proceedings.

(13) Make an annual report to the Governor.

(14) Have all of the duties, powers, and authority necessary to the enforcement of this chapter, as well as such other duties, powers, and authority as it may be granted from time to time by appropriate statute.

(15) Appoint advisory committees as the Board deems desirable.

(16) Maintain a system of statistics related to nursing education programs and registered nurse and licensed practical nurse licensure in the State.

(17) Participate in and pay fees to the national organization of state boards of nursing, known as the National Council of State Boards of Nursing, Inc.

(18) By regulation, establish requirements for mandatory continuing education. Such requirements must mandate that all nursing professionals renew their license on or after October 1, 2025, and must complete at least 1 hour of continuing education in each reporting period on the recognition of and response to suspected or known sexual abuse, physical abuse, exploitation, trafficking, or domestic violence of vulnerable persons including, but not limited to, children, elders, or persons with intellectual, physical and developmental disabilities, or on the reporting obligations under the rules and regulations promulgated by the Board of Nursing, reporting of known or suspected child abuse or neglect under § 903 of Title 16, and any successors thereto, and any other mandatory reporting obligations required by the Board. Licensees under this chapter should consider the Delaware Child Protection Accountability Commission a resource for continuing education programming relating to child abuse, exploitation, and trafficking.

(19) Administer the Advanced Practice Registered Nurse Committee.

(20) Have the authority to grant, restrict, suspend, or revoke practice or prescriptive authority and be responsible for promulgating rules and regulations to implement the provisions of this chapter regarding advanced practice registered nurses who have been granted authority for independent practice or prescriptive authority.

(21) Have the authority to limit the ability of APRNs to prescribe and order nonpharmacological interventions.

(b) The Board of Nursing shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of nursing.
24 Del. C. § 4118 — Delaware Code / Title 24 / Chapter 41 / Subchapter II / Section 4118
§ Â
        4118. Reinstatement of a suspended license; removal from probationary status.
Status: in_force

(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 or review of documentation, 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) Applicants for reinstatement shall 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.
24 Del. C. § 3709 — Delaware Code / Title 24 / Chapter 37 / Subchapter II / Section 3709
§ Â
        3709. Examination [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: repealed

(a) The examination described in § 3708 (a)(2) and (a)(3)a.2. of this title shall be graded by the testing service providing the examinations. The passing score for all examinations shall be established by the testing agency.

(b), (c) [Repealed.]
24 Del. C. § 2603B — Delaware Code / Title 24 / Chapter 26 / Section 2603B
§ Â
        2603B. Records.
Status: in_force

The Division shall keep a register of all approved applications for licenses under this chapter and complete records relating to meetings of the Board, rosters, changes, and additions to the Board’s rules and regulations, complaints, hearings, and such other matters as the Board shall determine. Such records are prima facie evidence of the proceedings of the Board.
24 Del. C. § 1799Z — Delaware Code / Title 24 / Chapter 17 / Subchapter XII / Section 1799Z
§ Â
        1799Z. Continuing education.
Status: in_force

The Council, with the approval of the Board, is authorized to adopt regulations specifying continuing education requirements which must be met by a licensee before a licensee will be eligible for renewal of his or her license.
24 Del. C. § 4101 — Delaware Code / Title 24 / Chapter 41 / Subchapter I / Section 4101
§ Â
        4101. Objectives.
Status: in_force

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

(b) The secondary objectives of the 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 informal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensed practitioners.
24 Del. C. § 5213 — Delaware Code / Title 24 / Chapter 52 / Subchapter II / Section 5213
§ Â
        5213. Reciprocity.
Status: in_force

Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board:

(1) The Board shall grant a license to each applicant who presents proof of current licensure in “good standing” in another state, the District of Columbia, or territory of the United States, whose standards for licensure are substantially similar to those of this State; and

(2) The Board may grant a license to an applicant who presents proof of current licensure in “good standing” in another state, the District of Columbia, or territory of the United States, whose standards are not substantially similar to those of this state, provided that the applicant shall have practiced in that state for a minimum of 3 years after licensure; and provided further that the applicant would not be prohibited from being licensed pursuant to this chapter because of that applicant’s criminal or administrative record, any impairment related to drugs or alcohol, or mental incompetence.
24 Del. C. § 4112 — Delaware Code / Title 24 / Chapter 41 / Subchapter II / Section 4112
§ Â
        4112. 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. The Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate fees for the licensure biennium.
24 Del. C. § 3512 — Delaware Code / Title 24 / Chapter 35 / Subchapter II / Section 3512
§ Â
        3512. 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. § 1711B — Delaware Code / Title 24 / Chapter 17B / Section 1711B
§ Â
        1711B. Oversight, dispute resolution, and enforcement.
Status: in_force

(a) Oversight: —

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

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

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

(b) Default, technical assistance, and termination. — (1) If the Commission determines that a participating state has defaulted in the performance of its obligations or responsibilities under this Compact or the commission rules, the Commission shall provide written notice to the defaulting state and other participating states. The notice shall describe the default, the proposed means of curing the default and any other action that the Commission may take and shall offer remedial training and specific technical assistance regarding the default.

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

(3) Termination of participation in this Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and to the licensing board(s) of each of the participating states.

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

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

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

(7) Upon the termination of a state’s participation in the Compact, the state shall immediately provide notice to all licensees within that state of such termination:

a. Licensees who have been granted a compact privilege in that state shall retain the compact privilege for 180 days following the effective date of such termination.

b. Licensees who are licensed in that state who have been granted a compact privilege in a participating state shall retain the compact privilege for 180 days unless the licensee also has a qualifying license in a participating state or obtains a qualifying license in a participating state before the 180-day period ends, in which case the compact privilege shall continue.

(c) Dispute resolution. —

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

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

(d) Enforcement. —

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

(2) If compliance is not secured after all means to secure compliance have been exhausted, by majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices, against a participating state in default to enforce compliance with the provisions of this Compact and the Commission’s promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

(e) Legal action against the Commission. —

(1) A participating state may initiate legal action against the Commission in the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

(2) No person other than a participating state shall enforce this Compact against the Commission.
24 Del. C. § 1730 — Delaware Code / Title 24 / Chapter 17 / Subchapter IV / Section 1730
§ Â
        1730. Duty to report unprofessional conduct and inability to practice medicine.
Status: in_force

(a) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board if that person is treating professionally another person who possesses a certificate to practice medicine for a condition defined in § 1731(c) of this title, if, in the reporting person’s opinion, the person being treated may be unable to practice medicine with reasonable skill or safety. A person reporting to the Board 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. A person reporting to the Board shall include the information required by the Board in accordance with its current guidance, which may be promulgated by regulation as required. The Board’s guidance, including any template reports that the Board may develop in consultation with the Division, must be communicated to physicians and made available to the public.

(b) (1) Every person to whom a certificate to practice medicine is issued and health care facility as defined in § 1740 of this title has a duty to report to the Board within 30 days:

a. Any partial or full removal of hospital privileges based on adverse events, unprofessional conduct or competency issues; and

b. Any disciplinary action taken by a medical society against that person; and

c. Any reasonably substantiated incidents involving violence, threat of violence, abuse, or neglect by a person toward any other person.

(2) Every person certified to practice medicine in this State shall report to the Board within 30 days any civil or criminal investigation in any jurisdiction which concerns that person’s certification or license or other authorization to practice medicine. The Board may require an applicant to provide sufficient documentation to enable the Board to determine whether to investigate, pursuant to § 1732 of this title, or whether there are grounds for discipline under § 1731(b) of this title.

(c) Every person to whom a certificate to practice medicine is issued has a duty to report to the Board, within 60 days, all information concerning medical malpractice claims settled or adjudicated to final judgment, as provided in Chapter 68 of Title 18, and, within 30 days, all information required to be reported under § 1731A(f) of this title.

(d) Every person to whom a certificate to practice medicine is issued has a duty to report, within 30 days of the day each such person becomes aware, of the existence of a report to the Department of Services for Children, Youth and Their Families under Chapter 9 of Title 16 against that person concerning child abuse or neglect or a report to the Division of Health Care Quality under Chapter 85 of Title 11 against that person concerning adult abuse, neglect, mistreatment, or financial exploitation.
24 Del. C. § 1722 — Delaware Code / Title 24 / Chapter 17 / Subchapter III / Section 1722
§ Â
        1722. Waiver of professional examination for temporary certification, for hospital or institution staff, for physicians licensed in another jurisdiction, and for physicians passing an alternative exam.
Status: in_force

(a) The Board may adopt rules and regulations that waive the professional examination required pursuant to § 1721 of this title for the issuance of a certificate to practice medicine in the following cases:

(1) The applicant for whom the examination is to be waived is licensed, certified, registered, or otherwise legally qualified to practice medicine in another state of the United States or in another jurisdiction, and seeks a temporary certificate to practice medicine for not less than 2 weeks nor more than 3 months for the purpose of taking charge of the practice of a person certified and registered to practice medicine in this State during the person’s temporary illness or absence from this State. The Board may, in its discretion, extend a temporary certificate to practice medicine pursuant to this paragraph for an additional 3 months, but not longer. A temporary certificate may be issued pursuant to this paragraph to an applicant by the Board upon the written request of a person certified and registered to practice medicine in this State and upon the payment of a fee established for such purpose by the Division of Professional Regulation. The written request must contain an affirmation that the purpose of the temporary certificate is to allow the applicant to take charge of the practice of a person certified and registered to practice medicine in this State during the person’s temporary illness or absence from the State;

(2) The applicant for whom the examination is to be waived:

a. Is employed in this State as an intern, resident, house physician, or fellow in a hospital accredited by the Joint Commission on the Accreditation of Hospitals or by the American Osteopathic Hospital Association; or

b. Is a staff physician employed in a governmental institution in this State and is applying for a certificate to practice medicine for a period of time not to exceed the length of time of employment in the hospital or governmental institution.

A certificate issued pursuant to this paragraph is subject to yearly renewal and restricts the applicant to practice only in the hospital or institution where the applicant is employed;

(3) The applicant for whom the examination is to be waived is licensed, certified, registered, or otherwise legally authorized to practice medicine by competent authority in any other of the United States or in any other jurisdiction approved by the Board.

(b) When a certificate to practice medicine is issued to an applicant pursuant to this section and the applicant registers with the Board and obtains an occupational license pursuant to Chapter 23 of Title 30, the applicant may practice medicine in this State, but only for the time and only under the conditions, if any, specified in the certificate.
24 Del. C. § 3706A — Delaware Code / Title 24 / Chapter 37A / Section 3706A
§ Â
        3706A. Compact privilege to practice telehealth.
Status: in_force

Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with § 3704A of this title and under rules promulgated by the Commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission.

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 state where the patient/client is located.
24 Del. C. § 1771 — Delaware Code / Title 24 / Chapter 17 / Subchapter VI / Section 1771
§ Â
        1771. Physicianâs role in collaborating with a physician assistant.
Status: repealed

(a) A physician who collaborates with a physician assistant must be available for consultation with the physician assistant. It is the obligation of each team of physician(s) and physician assistant(s) to ensure that the physician assistant’s scope of practice is identified, and is appropriate to the physician assistant’s level of education, training, and experience, that the relationship of, and access to, the collaborating physician is defined, and that a process for evaluation of the physician assistant’s performance is established.

(b) Each physician-physician assistant team, hospital, clinic, medical group, or other healthcare facility shall be responsible for creating a written collaborative agreement, which shall be kept on file at the primary location where the physician assistant provides care, describing the information required by subsection (a) of this section. The written collaborative agreement shall be made available to the Board or the Council upon request.

(c) [Repealed.]

(d) A collaborating physician may not be involved in patient care in name only and must be involved in active patient care on a regular basis.

(e) A collaborating physician may not assign medical acts to a physician assistant that exceed the physician’s license.

(f) A collaborating physician may not at any given time collaborate with more than 4 physician assistants, unless a regulation of the Board increases or decreases the number. This limit does not apply to physicians and physician assistants who practice in the same physical office or facility building, such as an emergency department so long as there is active, physician coverage.

(g) A physician who collaborates with a physician assistant in violation of the provisions of this subchapter or of regulations adopted pursuant to this subchapter is subject to disciplinary action by the Board of Medical Licensure and Discipline for permitting the unauthorized practice of medicine.

(h) Hospitals, clinics, medical groups and other healthcare facilities may employ physician assistants subject to subsection (f) of this section.

(i) If the collaborating physician is not routinely present the physician must assure that the means and methods of collaboration are adequate to assure appropriate patient care. This may include telecommunication, chart review, or other methods of communication and oversight that are appropriate to the care setting and the education, training and experience of the physician assistant.
24 Del. C. § 2523 — Delaware Code / Title 24 / Chapter 25 / Subchapter III / Section 2523
§ Â
        2523. Exemptions [Effective until June 30, 2026].
Status: in_force

Nothing in this chapter may be construed to prevent any of the following:

(1) A student or graduate of an accredited school of pharmacy from receiving practical training pursuant to an internship or other approved program under the supervision of a pharmacist in this State;

(2) A pharmacy technician or certified pharmacy technician from performing under the direct supervision of a pharmacist the delegated functions permitted under the rules and regulations of the Board and not inconsistent with this chapter;

(3) A practitioner licensed under the laws of this State to practice within the scope of that practitioner’s license;

(4) The selling at retail of over-the-counter products;

(5) A business not licensed as a pharmacy to sell gases that are used for medicinal purposes and which require a prescription, provided that:

a. The business is registered with the Board;

b. The sale is authorized by a written order or by a verbal order reduced to writing from a practitioner;

c. The record of the written order or of the verbal order reduced to writing is maintained on the premises of the business for at least 2 years; and

d. The gas product is stored and dispensed according to requirements established by the Board.

(6) The sale of noncontrolled prescription drugs designated for veterinary use by a business not licensed as a pharmacy, provided that the business is registered with the Board and the sale is authorized by a written order or by a verbal order reduced to writing from a licensed veterinarian.

(7) A pharmacist in this State from dispensing a valid noncontrolled prescription drug pursuant to a prescription received via electronic transmission from a practitioner’s office to the prescription department of the dispensing pharmacy.

(8) Pharmacist selection of appropriate dosage forms, concentrations, equivalent strengths or routes of administration of medications.

(9) a. A practitioner from dispensing the unused portion of practitioner-dispensed medication to the patient upon discharge or the conclusion of the visit if the practitioner-dispensed medication is labeled consistent with the requirements under § 2522 of this title and required for continuing treatment. If the practitioner-dispensed medication is used in an operating room or emergency department, the practitioner must counsel the patient on the proper use and administration of the drug.

b. A practitioner who fails to comply with paragraph (9)a. of this section is subject to disciplinary sanction under this title.

(10) A pharmacist who is licensed in a jurisdiction or territory of the United States from providing pharmacy services in this State during emergency circumstances, as determined by the Board in coordination with the Secretary of State, or a declared local, jurisdictional, or national disaster. This exemption applies for a period as determined by the Board and the Secretary of State, so long as such person abides by Delaware laws, rules, and regulations relating to pharmacy. In order to be eligible for this exemption, the pharmacist must notify the Board of the pharmacist’s intent to practice in this State pursuant to this paragraph.

(11) A manufacturer or wholesaler from providing distribution of dialysate drugs or devices necessary to perform home dialysis on patients with end-stage renal disease, provided that all of the following criteria are met:

a. The dialysate drugs or devices are approved by the U. S. Food and Drug Administration as required by federal law.

b. The dialysate drugs or devices are lawfully held by a manufacturer or a manufacturer’s agent that is properly registered with the Board as a manufacturer or wholesaler.

c. The dialysate drugs or devices are held and delivered in their original, sealed label packaging from the manufacturing facility.

d. The dialysate drugs or devices are delivered only by the manufacturer or the manufacturer’s agent and only upon receipt of a prescription from a practitioner.

e. The manufacturer or the manufacturer’s agent delivers the dialysate drugs or devices directly to 1 of the following:

1. A patient with end stage renal disease or the patient’s designee for the patient’s self-administration of dialysis therapy.

2. A health-care provider or institution for administration or delivery of the dialysis therapy to a patient with end stage renal disease.
24 Del. C. § 4411 — Delaware Code / Title 24 / Chapter 44 / Subchapter II / Section 4411
§ Â
        4411. The Manufactured Home Installation Board.
Status: in_force

There is created a Manufactured Home Installation Board which shall administer and enforce this chapter.
24 Del. C. § 1309 — Delaware Code / Title 24 / Chapter 13 / Section 1309
§ Â
        1309. Change in membership or address or location of business; authorization of new location.
Status: in_force

(a) In the event of any change in the membership of the firm, or in the officers or directors of any association or corporation, or any change in the address of any office or location of such business, the Director shall be notified in writing of such change within 14 days thereafter. Failure to give such notification shall be sufficient cause for suspension or revocation of the license.

(b) Upon written application to the Director setting forth a proposed change in the location of any office or place of business of the licensee as set forth in the license, the Director may authorize a new location for any such office or place of business. In such case, the licensee shall produce to the Director the license and all copies thereof to the end that the Director may either endorse thereon such change of location or issue a new license as of the same date as the original license in lieu of the license so surrendered.
24 Del. C. § 2313 — Delaware Code / Title 24 / Chapter 23 / Subchapter II / Section 2313
§ Â
        2313. License fees.
Status: in_force

(a) Every person receiving a license for conducting the business of pawnbroker shall pay the Division $50 to go to the State’s General Fund.

(b) Every person receiving a license for conducting the business of secondhand dealer shall pay the Division $50 to go to the State’s General Fund.

(c) Every person receiving a license for conducting the business of scrap metal processor shall pay the Division $50 to go to the State’s General Fund.

(d) Every person receiving a license for conducting the business of pawnbroker, secondhand dealer or scrap metal processor, shall annually pay a reasonable subscription fee, not to exceed $300, to the electronic reporting system designated by the Secretary.
24 Del. C. § 4030 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4030
§ Â
        4030. Disclosure of fees.
Status: in_force

The appraisal management company shall not prohibit the appraiser from reporting in the appraisal report the fee paid to the appraiser.
24 Del. C. § 2605 — Delaware Code / Title 24 / Chapter 26 / Section 2605
§ Â
        2605. License required; exceptions.
Status: in_force

(a) No person shall practice nor hold oneself out as being able to practice physical therapy or athletic training in this State or act as a physical therapist, physical therapist assistant or athletic trainer in any manner whatsoever whether or not compensation is received or expected unless the person is licensed in accordance with this chapter and such license is in good standing or has not been suspended or revoked.

(b) This chapter shall not prohibit any person licensed to practice in this State under any other law from engaging in that practice for which such person is licensed.

(c) This chapter shall not prohibit students, whether or not licensed in Delaware, who are enrolled in either schools or post-graduate courses of physical therapy or athletic training recognized by the Board from performing such work or acts of physical therapy or athletic training as is incidental to their respective course of study while under the direct supervision of a licensed physical therapist or licensed athletic trainer in their respective training mode.

(d) Nothing in this chapter shall apply to any person employed by an agency, bureau or division of the federal government while in the discharge of official duties; however, if such person engages in the practice of physical therapy or athletic training in this State outside the scope of such official duty, the person must be licensed as herein provided.

(e) This chapter shall not prohibit a physical therapist or athletic trainer who resides and works outside the State of Delaware and is licensed in a jurisdiction of the United States or credentialed in another country or, in the case of an athletic trainer, is certified by the National Athletic Trainers Association, from rendering care, if that person by contract or employment is providing non-clinical physical therapy or athletic training to patients/clients affiliated with or employed by established athletic teams, athletic organizations, or performing arts companies temporarily practicing, competing, or performing in the jurisdiction for no more than 60 days in a calendar year. All visiting physical therapists or athletic trainers must abide by Delaware laws, rules, and regulations relating to physical therapy and athletic training.

(f) This chapter shall not limit or restrict those who are engaged in certain occupations or jobs which may or may not require a license such as, but not limited to, physical education teachers, coaches, health, or recreation directors and instructors at health clubs or spas, water safety instructors, and massage therapists. The duties which may be properly undertaken in such occupation or job include the nontherapeutic administration of baths, massage, normal conditioning and the like to normal subjects, that is, those persons who have no specific pathology. First aid subjects are excluded.

(g) This chapter shall not prohibit a physical therapist or athletic trainer who is licensed in another jurisdiction of the United States or credentialed to practice physical therapy or athletic training in another country from teaching, demonstrating, or providing physical therapy or athletic training services in connection with teaching or participating in an educational seminar for no more than 60 days in a calendar year, so long as such person abides by Delaware laws, rules, and regulations relating to physical therapy and athletic training.

(h) This chapter shall not prohibit a physical therapist or athletic trainer who is licensed in a jurisdiction of the United States from providing physical therapy or athletic training services in this State during a declared local, jurisdictional, or national disaster or emergency. This exemption applies for no more than 60 days following the declaration of the emergency, so long as such person abides by Delaware laws, rules, and regulations relating to physical therapy and athletic training. In order to be eligible for this exemption, the physical therapist or athletic trainer shall notify the Board of his or her intent to practice in this State pursuant to this subsection.

(i) This chapter shall not prohibit a physical therapist or athletic trainer licensed in a jurisdiction of the United States who is forced to leave his or her residence or place of employment due to a declared local, jurisdictional, or national disaster or emergency from practicing physical therapy or athletic training in this State. This exemption applies for no more than 60 days following the declaration of the emergency, so long as such person abides by Delaware laws, rules, and regulations relating to physical therapy and athletic training. In order to be eligible for this exemption, the physical therapist or athletic trainer shall notify the Board of his or her intent to practice in this State pursuant to this subsection.
24 Del. C. § 2706 — Delaware Code / Title 24 / Chapter 27 / Subchapter I / Section 2706
§ Â
        2706. Powers and duties.
Status: in_force

(a) The Board of Professional Land Surveyors shall have authority to:

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

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

(3) Designate a written, standardized, national examination prepared by either the national professional association or by a recognized national testing service and approved by the Division, to be taken by all persons applying for licensure; the national examination shall be taken by all persons applying for licensure, except applicants who qualify for licensure by reciprocity;

(4) Designate a written, 2-hour examination on drainage and the Delaware law, prepared by an independent testing agency and approved by the Director of the Division. All persons applying for licensure, including those applicants for licensure by reciprocity, shall take the examination on drainage and Delaware law;

(5) Adopt the administration, grading procedures and passing score set by the national professional association or testing service;

(6) Evaluate the credentials of all persons applying for a license to practice land surveying in Delaware in order to determine whether such persons meet the qualifications for licensing set forth in this chapter.

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

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

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

(10) Refer all complaints from licensees and the public concerning professional land surveyors or concerning practices of the Board or of the profession to the Division of Professional Regulation for investigation pursuant to § 8735 of Title 29 and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint;

(11) Conduct hearings and issue orders in accordance with procedures established pursuant to the Administrative Procedures Act (Chapter 101 of Title 29);

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

(b) The Board shall adopt and have an official seal, which shall be affixed to each certificate issued.

(c) The Board may establish minimum technical or general standards to regulate the practice of land surveying within the State and may establish minimum requirements for the continuing education of registrants.

(d) Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board.

(e) In carrying into effect this chapter, the Board, under the hand of its Chairperson and the seal of the Board, may subpoena witnesses and compel their attendance and also may require the submission of books, papers, documents or other pertinent data in any disciplinary matter or in any case wherever a violation of this chapter is alleged. Upon failure or refusal to comply with any such order of the Board or upon failure to honor its subpoena as herein provided, the Board may present its petition to the Superior Court setting forth the facts. Thereupon the Court shall, in a proper case, issue its subpoena to such person, requiring attendance and testimony before such Court and the submission of such books, papers, documents or other pertinent data as may be deemed necessary and pertinent by the Board. Any person failing or refusing to obey the subpoena or order of the Court may be proceeded against in the same manner as for refusal to obey any other subpoena or order of the Superior Court.

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

(g) The Board of Professional Land Surveyors shall promulgate regulations identifying those crimes which are substantially related to the practice of land surveying.
24 Del. C. § 2548 — Delaware Code / Title 24 / Chapter 25 / Subchapter VI / Section 2548
§ Â
        2548. Jurisdiction [Effective until June 30, 2026].
Status: in_force

Justices of the peace have jurisdiction over violations of this chapter.
24 Del. C. § 5316 — Delaware Code / Title 24 / Chapter 53 / Subchapter II / Section 5316
§ Â
        5316. Hearing procedures.
Status: in_force

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 5313 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 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 after the date of mailing of the decision. 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. § 6102 — Delaware Code / Title 24 / Chapter 61 / Section 6102
§ Â
        6102. Definitions.
Status: in_force

As used in this chapter:

(1) “Board” means the Board of Elevator Mechanics established in this chapter.

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

(3) “Elevator mechanic” means an individual who is licensed by the Board to plan, estimate, layout, perform, or supervise the installation, erection, replacement, service, and repair of any elevator in any structure.

(4) “License” means the certificate issued by the Board.

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

(6) “Unlicensed practitioner” means any person who engages in the occupational practice of an elevator mechanic and has not been granted a license by the Board.
24 Del. C. § 2302 — Delaware Code / Title 24 / Chapter 23 / Subchapter I / Section 2302
§ Â
        2302. Reporting requirements.
Status: in_force

(a) Every pawnbroker and secondhand dealer shall create a record and provide information regarding merchandise acquired via an electronic format to be determined by the Secretary of Safety and Homeland Security.

(1) Such record shall include, at a minimum, the following information:

a. The date and time of purchase;

b. The make, model, identifying markings, color, size, any listed serial number, International Mobile Station Equipment Identity (IMEI), the Mobile Equipment Identifier (MEID), any unique identifying number assigned by the manufacturer, or any other identifiable characteristics of the purchased item or items;

c. If payment is based on weight for precious metal, the weight of the type of the metal shall be listed as well as any precious stone(s) which is a part of the item;

d. The amount or other consideration paid for the merchandise;

e. The name and address of the individual from whom the merchandise is acquired;

f. The signature of the individual from whom the merchandise is acquired;

g. For each individual from whom the pawn broker or secondhand dealer acquires scrap metal:

1. The date of birth and driver’s license; or,

2. Identification information about the individual from a valid state-issued photo identification card that provides a physical description of the individual, including the sex, race, distinguishing features, and approximate age, height and weight of the individual.

(2) Pawnbrokers and secondhand dealers shall collect a photograph of the seller and all information pertaining to the seller, required on the electronic form, for every transaction regardless of value.

(3) Automated kiosks shall collect a right thumbprint image of the seller and all information pertaining to the seller including photograph and valid government issued identification, required on the electronic form, for every transaction regardless of value.

(b) (1) Every scrap metal processor shall create a record and provide information regarding scrap metal acquired via an electronic format to be determined by the Secretary of Safety and Homeland Security with respect to any of the following articles purchased or otherwise acquired:

a. Copper.

b. Silver.

c. Gold.

d. Brass.

e. Platinum.

f. Bronze.

g. Automobiles or automobile parts displaying a vehicle identification number (VIN).

h. Lead-acid batteries.

i. Catalytic converters.

(2) The record required by paragraph (b)(1) of this section must include all of the following information:

a. The date and time of purchase.

b. The type and grade of scrap metal, where applicable.

c. If payment is based on weight, the weight of each type and grade of scrap metal.

d. The amount or other consideration for the scrap metal or other items.

e. The registration plate number, make, and model of the vehicle used in the delivery of scrap metal or other items.

f. The name and address of the individual from whom the scrap metal or other items are acquired.

g. The signature of both of the following:

1. The individual from whom the scrap metal or other items are acquired.

2. The scrap metal processor.

h. For each individual from whom the scrap metal processor acquires scrap metal or other items, 1 of the following:

1. The date of birth and driver’s license.

2. Identification information about the individual from a valid state-issued photo identification card that provides a physical description of the individual, including the sex, race, distinguishing features, and approximate age, height, and weight of the individual.

(3) Scrap metal processors must collect a photograph of the seller and all information pertaining to the seller, required on the electronic form, for every transaction regardless of value.

(4) In addition to the requirements set forth in paragraph (a)(2) of this section, for the purchase or acquisition of a catalytic converter, a scrap metal processor or other authorized purchaser must also record all of the following:

a. The business license number of the seller.

b. The name or identification of the employee responsible for making the purchase.

c. A description of the catalytic converter including any obvious markings such as paint, labels, or engravings that would aid in the identification of the catalytic converter.

d. The vehicle identification number of the vehicle from which the catalytic converter was removed.

e. A signed statement from the individual receiving consideration for the purchase stating that the individual is the rightful owner of the catalytic converter or is authorized to sell the catalytic converter.

f. A photocopy or scanned copy of the driver’s license or state-issued photo identification card of the individual selling or transferring the catalytic converter to the scrap metal processor, which includes the type of card and any distinctive number on the card.

g. A digital photograph or video recording of the individual delivering or receiving consideration for the catalytic converter with the individual’s facial features clearly visible and a digital photograph or video of the catalytic converter, as delivered or sold, with the type of metal property identifiable. The date and time of the purchase shall be digitally recorded on the digital photograph or video recording.

(c) The forms required by subsections (a) and (b) of this section shall be completed immediately after any articles or goods have been purchased or acquired and shall be submitted electronically by the close of business the next business day, in a format to be determined by the Secretary of the Department of Safety and Homeland Security, to the law-enforcement agency having primary jurisdiction over the area in which the business is located. If the article or good’s serial number, IMEI, MEID, or other unique identifying number is not available at the time of purchase or receipt from an automated kiosk, the report filed pursuant to this section must be updated with the serial number, IMEI, MEID, or other unique identifying number as soon as possible. The holding requirements in § 2304(a)(1) of this title do not begin until all required reports are complete and submitted to the appropriate law-enforcement agency. Forms submitted under this section shall be kept confidential and are not public records.

(d) Pawnbrokers, secondhand dealers and scrap metal processors shall record the name of the person making the record entry and shall make that information available to police.

(e) The information provided on the forms under this section shall be stored and maintained by the pawnbroker, secondhand dealer, or scrap metal processor for a period of 1 year and shall be provided to police immediately upon request.

(f) The Secretary of the Department of Safety and Homeland Security may promulgate rules and regulations that allow for the completion and filing of electronic forms and information.

(g) (1) Articles purchased or otherwise acquired by a scrap metal processor shall be recorded via an electronic image, in either still or video format, and a copy of said image(s) is to be supplied at the specific request of a law-enforcement agency, within 24 hours of said request.

(2) The images referenced in paragraph (g)(1) of this section above will be kept on file by the scrap metal processor for a minimum of 30 days after the image was recorded.
24 Del. C. § 1305 — Delaware Code / Title 24 / Chapter 13 / Section 1305
§ Â
        1305. Board powers.
Status: in_force

(a) The Board shall determine the qualifications of security guards, private investigators, armored car guards, private security agencies, private investigative agencies, and armored car agencies.

(b) The Board shall promulgate all rules and regulations necessary in carrying out the provisions of this chapter.

(c) The Board shall investigate alleged violations of any provision of this chapter or rule or regulation promulgated thereunder.

(d) The Board may deny, suspend or revoke any application, registration or license.

(e) The Board may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title 11 for the purposes of licensing any individual pursuant to this chapter.
24 Del. C. § 1221 — Delaware Code / Title 24 / Chapter 12 / Subchapter II / Section 1221
§ Â
        1221. Purpose [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

(a) The purpose of this subchapter is to encourage security alarm system users and security alarm businesses to properly use and maintain the operational effectiveness of security alarm systems in order to improve the reliability of security alarm systems and reduce or eliminate false alarms.

(b) This subchapter governs security alarm systems intended to summon law-enforcement response, requires registration by security alarm system users, establishes a system of administration, and provides for the enforcement of penalties for violations of this section.
24 Del. C. § 1610 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1610
§ Â
        1610. License tied to physical location; prohibited activities.
Status: in_force

(a) No license issued under this chapter shall authorize the licensee to engage in or carry on the business of operating an adult entertainment establishment or adult-oriented retail establishment in any place other than the premises set forth in said license. In addition, each applicant or licensee seeking a license or renewal must affirmatively establish within their application that the location or proposed location of the place of business is in compliance with all applicable laws and ordinances. If a licensee changes the location of the licensee’s place of business during the period for which the license was issued, the license shall be amended by making application in accordance with this chapter in making a new application, to authorize business at the new location, provided that said business is otherwise permitted at the new location by applicable law and ordinance.

(b) Any person, and in the case of a corporation this shall include its principal stockholders, board of directors, officers and persons engaged in the management of such establishment, who is the holder of a license issued under this chapter and who engages in, carries on or participates in the operation of the business of operating an adult entertainment establishment or adult-oriented retail establishment at a place other than that authorized by said license shall be fined not more than $500, or imprisoned for not more than 6 months, or both.

(c) (1) A new adult entertainment establishment may not operate in any of the following locations:

a. The same building as or in a separate building less than 1,500 feet from another adult entertainment establishment.

b. Within 500 feet of a residence, regardless of how the new adult entertainment establishment’s property is zoned.

c. Within 2,800 feet of a church or school.

(2) A violation of this subsection is punishable by a fine in the amount of $5,000.

(3) Distances are to be measured from property line to property line.

(d) (1) A new adult-oriented retail establishment may not operate in any of the following locations:

a. The same building as or in a separate building less than 500 feet from another adult-oriented retail establishment.

b. Within 200 feet of a school bus stop or a residence, regardless of how the new adult-oriented retail establishment’s property is zoned.

c. Within 500 feet of a church or school.

(2) Distances are to be measured from property line to property line.

(3) An adult-oriented retail establishment may not operate in a manner that allows sexually-oriented material, devices, or paraphernalia to be visible from outside of the establishment at any time, including during times any door to the business is open.

(4) A violation of this subsection is punishable by a fine in an amount not to exceed $5,000.

(e) Notwithstanding any provision of law to the contrary, no municipal corporation or county may adopt any ordinance or charter amendment with distance restrictions less than those provided in this section.

(f) (1) After July 23, 2019, a new adult entertainment establishment or a new adult-oriented retail establishment may not operate in a building in which an adult entertainment establishment or adult-oriented retail establishment has previously operated.

(2) A violation of this subsection is punishable by a fine in an amount not to exceed $5,000.
24 Del. C. § 1171 — Delaware Code / Title 24 / Chapter 11 / Subchapter IV / Section 1171
§ Â
        1171. Name used in practice of dentistry.
Status: in_force

(a) Any dentist who practices or offers to practice dentistry or dental surgery may use a trade name that is not false, misleading or deceptive provided that the proper name of 1 of the owners, all of whom must be dentists, is used in conjunction with the trade name.

(b) Advertisements in any medium shall include the name, as it appears on the current biennial renewal certificate, and the degree — D.D.S. or D.M.D. — of at least 1 licensed dentist who is an owner of the dental facility.

(c) A directory listing all of the names of the dentists practicing at that location shall be prominently displayed in the entrance or reception area of the dental facility.

(d) The names of dentists who have practiced under the trade name shall be maintained in the records of the dental facility for at least 5 years following their departure from the practice.

(e) The use of the name of a dentist no longer actively associated with the practice may not be continued for longer than 1 year.

(f) A trade name may not include the word “clinic” unless the name designates a public or nonprofit facility.

(g) A trade name may not include the word “institute” unless the name designates an educational or research facility.

(h) A trade name may not, by the use of plurals or otherwise, misrepresent the number of dentists practicing at a facility.
24 Del. C. § 713 — Delaware Code / Title 24 / Chapter 7 / Section 713
§ Â
        713. Practicing without license; penalties.
Status: in_force

(a) No person shall represent himself or herself to the public as a doctor of chiropractic, or display any sign or advertise in any manner as being a doctor of chiropractic or chiropractic physician without first obtaining from the Board the license or licenses required under this chapter.

(b) Where the Board has determined that person is practicing chiropractic within this State without having lawfully obtained a license therefor, or that a person previously licensed is unlawful practicing although the person’s license has been suspended or revoked, the Board shall formally warn such person in writing. If the offense continues, the Board shall make a formal complaint to the Attorney General. The complaint shall include all evidence known to, or in the possession of, the Board.

(c) Where a person not currently licensed as a chiropractic is tried and convicted of unlawfully practicing chiropractic in violation of this chapter such offender shall, upon the first offense, be fined $500 or imprisoned not less than 1 month nor more than 1 year, or both, and upon a second or any subsequent offense, shall be fined not less than $1,000 and imprisoned not less than 6 months nor more than 1 year, or both, and shall pay all cost; provided, however, that where it is alleged that such violation has resulted in injury to any person, the offender shall be charged and tried under the applicable provisions of Title 11.

(d) The Superior Court shall have jurisdiction of violations of this chapter.
24 Del. C. § 1317 — Delaware Code / Title 24 / Chapter 13 / Section 1317
§ Â
        1317. Armored car guard registration requirements.
Status: in_force

Anyone who wishes to be licensed as an armored car guard, under this chapter, must meet and maintain the same qualifications as a commissioned security guard under § 1315 of this title.
24 Del. C. § 1902 — Delaware Code / Title 24 / Chapter 19 / Section 1902
§ Â
        1902. Definitions.
Status: repealed

(a) “Administration of medications” means a process whereby a single dose of a prescribed drug or biological is given to a patient by an authorized licensed person by 1 of several routes, oral, inhalation, topical, or parenteral. The person verifies the properly prescribed drug order, removes the individual dose from a previously dispensed, properly labeled container (including a unit dose container), assesses the patient’s status to assure that the drug is given as prescribed to the patient for whom it is prescribed and that there are no known contraindications to the use of the drug or the dosage that has been prescribed, gives the individual dose to the proper patient, records the time and dose given, and assesses the patient following the administration of medication for possible untoward side effects.

(b) “Advanced practice registered nurse” (“APRN”) means an individual with knowledge and skills in basic nursing education; licensure as a registered nurse (“RN”); and graduation from or completion of a graduate-level APRN program accredited by a national accrediting body and current certification by a national certifying body in the appropriate APRN role and at least 1 population focus. “Advanced practice registered nurse” includes certified nurse practitioners, certified registered nurse anesthetists, certified nurse midwives, or clinical nurse specialist. Advanced practice nursing is an expanded scope of nursing licensed as an independent licensed practitioner in a role and population focus approved by the Board of Nursing, with or without compensation or personal profit, and includes the RN scope of practice. The scope of an APRN includes performing acts of advanced assessment, diagnosing, prescribing, and ordering. Advanced practice nursing is the application of nursing principles, including those described in subsection (r) of this section.

(c) “Compact Administrator” means the Executive Director of the Delaware Board of Nursing who is designated as the compact Administrator under Chapters 19A and 19B of this title.

(d) “Conversion therapy” means any practice or treatment that seeks to change an individual’s sexual orientation or gender identity, as “sexual orientation” and “gender identity” are defined in § 710 of Title 19, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. “Conversion therapy” does not mean any of the following:

(1) Counseling that provides assistance to an individual who is seeking to undergo a gender transition or who is in the process of undergoing gender transition.

(2) Counseling that provides an individual with acceptance, support, and understanding without seeking to change an individual’s sexual orientation or gender identity.

(3) Counseling that facilitates an individual’s coping, social support, and identity exploration and development, including counseling in the form of sexual orientation-neutral interventions or gender identity-neutral interventions provided for the purpose of preventing or addressing unlawful conduct or unsafe sexual practices, without seeking to change an individual’s sexual orientation or gender identity.

(e) “Dispensing” means providing medication according to an order of a practitioner duly licensed to prescribe medication. The term includes both the repackaging and labeling of medications from bulk to individual dosages.

(f) “Electronic prescription” means a prescription that is generated on an electronic application and transmitted as an electronic data file.

(g) “Full-practice authority,” as granted to an advanced practice registered nurse, means the collection of state practice and licensure laws that allow APRNs to evaluate patients, diagnose, order and interpret diagnostic tests, initiate and manage treatments, including prescribing medications, under exclusive licensure authority of the Delaware Board of Nursing and includes:

(1) Practicing within standards established or recognized by the Board of Nursing.

(2) Being accountable to patients, the nursing profession, and the Board of Nursing for complying with the requirements of this chapter and the quality of advanced nursing care rendered.

(3) Recognizing limits of knowledge and experience.

(4) Planning for the management of situations beyond the APRN’s expertise.

(5) Consultation with or referring patients to other health-care providers as appropriate.

(h) “Head of the Nursing Licensing Board” means the President of the Delaware Board of Nursing.

(i) “Licensure” means the authorization to practice nursing within this State granted by the Delaware Board of Nursing and includes the authorization to practice in Delaware under the Interstate Nurse Licensure Compact [Chapter 19A of this title].

(j) “Limited lay administration of medications (LLAM)” means a process by which LLAM trained unlicensed assistive personnel, functioning in a setting authorized by § 1932 of this title, give a prescribed medication to clients, patients, residents, or students as ordered by a licensed practitioner authorized to prescribe medications or gives a nonprescription medication pursuant to the Delacare regulations.

(k) “LLAM trained unlicensed assistive personnel (UAP)” means an individual who has successfully completed the Board of Nursing approved LLAM course, including the core course and any program specific specialized training modules required.

(l) “Nurse educator” means a registered nurse who is a faculty member or director of a Delaware board-approved nursing education program preparing individuals at the registered nurse entry level.

(m) “Nursing diagnosis” means the description of the individual’s actual or potential health needs which are identified through a nursing assessment and are amenable to nursing intervention. The focus of the nursing diagnosis is on the individual’s response to illness or other factors that may adversely affect the attainment or maintenance of wellness. These diagnostic acts are distinct from medical, osteopathic, and dental diagnosis.

(n) “Nursing education program” means a course of instruction offered and conducted to prepare persons for licensure as a registered or licensed practical nurse, or a course of instruction offered and conducted to increase the knowledge and skills of the nurse and leads to an academic degree in nursing, or refresher courses in nursing.

(o) “Reproductive health services” means as defined in § 1702 of this title.

(p) “Standards of nursing practice” means those standards of practice adopted by the Board that interpret the legal definitions of nursing, as well as provide criteria against which violations of the law can be determined. Such standards of nursing practice may not be used to directly or indirectly affect the employment practices and deployment of personnel by duly licensed or accredited hospitals and other duly licensed or accredited health-care facilities and organizations. In addition, such standards may not be assumed the only evidence in civil malpractice litigation, nor may they be given a different weight than any other evidence.

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

(r) “The practice of practical nursing” as a licensed practical nurse means the performance for compensation of nursing services by a person who holds a valid license pursuant to the terms of this chapter and who bears accountability for nursing practices which require basic knowledge of physical, social, and nursing sciences. These services, at the direction of a registered nurse or a person licensed to practice medicine, surgery, or dentistry, include:

(1) Observation;

(2) Assessment;

(3) Planning and giving of nursing care to the ill, injured and infirm;

(4) The maintenance of health and well-being;

(5) The administration of medications and treatments prescribed by a licensed physician, dentist, podiatrist, or advanced practice registered nurse; and

(6) Additional nursing services and supervision commensurate with the licensed practical nurse’s continuing education and demonstrated competencies;

(7) Dispensing activities only as permitted in the Board’s Rules and Regulations. Nothing contained in this chapter shall be deemed to permit acts of surgery or medical diagnosis; nor shall it be deemed to permit dispensing of drugs, medications, or therapeutics independent of the supervision of a physician who is licensed to practice medicine and surgery, or those licensed to practice dentistry or podiatry; and

(8) [Repealed.]

(s) “The practice of professional nursing” as a registered nurse means the performance of professional nursing services by a person who holds a valid license pursuant to the terms of this chapter, and who bears primary responsibility and accountability for nursing practices based on specialized knowledge, judgment, and skill derived from the principles of biological, physical, and behavioral sciences. The registered nurse practices in the profession of nursing by the performance of activities, among which are:

(1) Assessing human responses to actual or potential health conditions;

(2) Identifying the needs of the individual or family by developing a nursing diagnosis;

(3) Implementing nursing interventions based on the nursing diagnosis;

(4) Teaching health-care practices. Nothing contained in this subsection limits other qualified persons or agencies from teaching health-care practices without being licensed under this chapter;

(5) Advocating the provision of health-care services through collaboration with other health service personnel;

(6) Executing regimens, as prescribed by a licensed physician, dentist, podiatrist, or advanced practice registered nurse, including the dispensing or administration of medications and treatments;

(7) Administering, supervising, delegating, and evaluating nursing activities;

(8) [Repealed.]

(9) Nothing contained in this chapter shall be deemed to permit acts of surgery or medical diagnosis; nor shall it be deemed to permit dispensing of drugs, medications, or therapeutics independent of the supervision of a physician who is licensed to practice medicine and surgery, or those licensed to practice dentistry or podiatry.

A registered nurse shall have the authority, as part of the practice of professional nursing, to make a pronouncement of death; provided, however, that this provision shall only apply to attending nurses caring for terminally ill patients or patients who have “do not resuscitate” orders in the home or place of residence of the deceased as a part of a hospice program or a certified home health-care agency program; in a skilled nursing facility; in a residential community associated with a skilled nursing facility; any licensed assisted living community; in an extended care facility; or in a hospice; and provided that the attending physician of record has agreed in writing to permit the attending registered nurse to make a pronouncement of death in that case.

(t) “The profession of nursing” is an art and process based on a scientific body of knowledge. The practitioner of nursing assists patients in the maintenance of health; the management of illness, injury, or infirmity; or the achievement of a dignified death.
24 Del. C. § 1126 — Delaware Code / Title 24 / Chapter 11 / Subchapter II / Section 1126
§ Â
        1126. Issuance and renewal of licenses; replacement of licenses.
Status: repealed

(a) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a dentist or dental hygienist and who pays the fee established in § 1125 of this title.

(b) Each license shall be renewed biennially, in such manner as is determined by the Division, upon payment of the appropriate fee and submission of a renewal form provided by the Division, and proof that the licensee has met the continuing education requirements established by the Board and proof that the licensee has not been convicted of a crime substantially related to the practice of dentistry or dental hygiene unless a waiver is granted pursuant to § 1122(c)(4) of this title.

(c) The Board, in its rules and regulations, shall determine the period of time within which a licensed dentist or dental hygienist may still renew his or her license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date, provided however that such period shall not exceed 1 year. Any licensee who fails to renew on or before the renewal date, and any allowable extensions, not to exceed 1 year, will be considered a new applicant.

(d) Any person whose license or certificate has expired for failure to make biennial registration over a period of more than 5 years and who has not been in the active full-time practice or dentistry or dental hygiene in another state or territory of the United States during the previous 5 years is required, in addition to applying as a new applicant, to submit to reexamination or other formal assessment of competency as approved by the Board.

(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 individual 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.

(f), (g) [Repealed.]
24 Del. C. § 1136 — Delaware Code / Title 24 / Chapter 11 / Subchapter III / Section 1136
§ Â
        1136. Prescriptions for dentists.
Status: in_force

Pharmacists licensed by this State may fill prescriptions of dentists licensed by this State for any drug necessary in the practice of dentistry, dental surgery or oral surgery.
24 Del. C. § 902 — Delaware Code / Title 24 / Chapter 9 / Section 902
§ Â
        902. Application and fee for license; duration; renewal.
Status: in_force

(a) Whoever desires to engage in the business of selling any of the articles referred to in the first paragraph of § 901 of this title shall apply to the Department of State to obtain a license to conduct such business and shall pay an application fee of $50 to the Department. The license shall entitle the holder thereof to conduct such business until June 1 next succeeding its date. An application for renewal of such license shall be accompanied by a payment of $50 to the Department.

(b) (1) A licensee who engages in the sale of firearm ammunition must include with their initial application and application for renewal a description of their theft and loss prevention policies and procedures as well as a report of all ammunition losses or theft within the prior year. An applicant or licensee’s description of theft and loss prevention policies is not a public record for purposes of the Freedom of Information Act, Chapter 100 of Title 29.

(2) So long as information that complies with paragraph (b)(1) of this section is submitted with the application, the content of the policies and procedures may not be a basis for denial of an initial license or a renewal.
24 Del. C. § 3911D — Delaware Code / Title 24 / Chapter 39D / Section 3911D
§ Â
        3911D. Data system.
Status: in_force

(a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated data system.

(b) The Commission shall assign each applicant for a Multistate License a unique identifier, as determined by the rules of the Commission.

(c) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:

(1) Identifying information.

(2) Licensure data.

(3) Adverse actions against a license and information related thereto.

(4) Nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law.

(5) Any denial of application for licensure, and the reason for such denial.

(6) The presence of current significant investigative information.

(7) Other information that may facilitate the administration of this Compact or the protection of the public, as determined by the rules of the Commission.

(d) The records and information provided to a member state pursuant to this Compact or through the data system, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a member state.

(e) Current significant investigative information pertaining to a licensee in any member state will only be available to other member states.

(1) It is the responsibility of the member states to report any adverse action against a licensee and to monitor the database to determine whether adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state will be available to any other member state.

(f) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

(g) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
24 Del. C. § 5507 — Delaware Code / Title 24 / Chapter 55 / Section 5507
§ Â
        5507. Licensing.
Status: in_force

(a) The promulgated rules and regulations shall implement the provisions of this chapter regarding the licensure and registration of bail enforcement agents, which may include the term of a license or registration and the qualifications of a licensee, and may charge a fee not to exceed $500 for each application for licensure and each renewal of an existing license.

(b) The Board shall determine all licensing fees to be assessed under this chapter, including application and renewal fees not to exceed the maximum fee permitted in subsection (a) of this section, except as otherwise set forth in this chapter. All fees and fines collected shall be deposited into the Bail Enforcement Regulatory Fund, which Fund shall be a revolving fund and moneys into the Fund shall not revert to the State General Fund. The funds shall be used to defray all expenses incurred in its administration of this chapter, including, but not limited to, background investigations, criminal history investigations and fingerprinting of an applicant and any investigation of any charge made against a licensee.

(c) No person shall be issued a license pursuant to this chapter unless that person submits their name, Social Security number, age, race, sex, date of birth, height, weight, hair and eye color, address of legal residence and such other information as may be necessary to obtain a report of the applicant’s entire criminal history record from the State Bureau of Identification and a report of the applicants entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544.

(d) An applicant, to be licensed under this chapter as a bail enforcement agent, must meet and maintain the following requirements:

(1) Must be at least 21 years of age;

(2) Must not have been convicted of any felony;

(3) Must not have been convicted of any misdemeanor involving moral turpitude or any charge or been involved in any conduct that may impair the performance of the bail enforcement agent and endanger public safety as determined by the Professional Licensing Section;

(4) Must not have been convicted of any misdemeanor involving the act of theft within the last 7 years;

(5) Must not have been convicted of any misdemeanor involving drug offenses within the last 7 years;

(6) Must not have been, as a juvenile, adjudicated as delinquent for conduct which, if committed by an adult, would constitute a felony, unless and until that person has reached their twenty-fifth birthday;

(7) Must not have been convicted, within the last 7 years, of any 2 of the following misdemeanors: offensive touching or assault III;

(8) Must not have been convicted of any offense involving the impersonation of a police officer or a person of trust as defined in Title 11;

(9) Must not have been convicted of any criminal offense involving organized gang activity as defined in Title 11;

(10) If served in the armed forces, must not have received a dishonorable discharge;

(11) Must not be a member or employee of any law-enforcement organization, as defined by the Police Officer Standards and Training Commission, or a member or employee of a law-enforcement organization of any other state or federal jurisdiction;

(12) Must meet and maintain the qualifications set and approved by the Board pursuant to this chapter and the rules and regulations as promulgated by the Board and approved by the Secretary of Safety and Homeland Security.

(e) Any person whose license has been suspended, revoked, denied or has been imposed a civil penalty, pursuant to § 5515 of this title, is entitled to a hearing before the Board.

(f) The Board may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title 11 for the purposes of licensing any individual pursuant to this chapter.

(g) An applicant seeking renewal of their license, under this chapter as a bail enforcement agent, must meet and maintain the requirements pursuant to subsection (d) of this section.
24 Del. C. § 4017 — Delaware Code / Title 24 / Chapter 40 / Subchapter II / Section 4017
§ Â
        4017. Hearing procedures.
Status: in_force

(a) If a complaint is filed with the Council pursuant to § 8735 of Title 29, alleging violation of § 4016 of this title, the Council 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 Council finds, by a majority vote of all members, that the complaint has merit, the Council shall take such action permitted under this chapter, as it deems necessary. The Council’s decision shall be in writing and shall include its reasons for such decision. The Council’s decision shall be mailed immediately to the practitioner.

(c) Where the practitioner is in disagreement with the action of the Council, the practitioner may appeal the Council’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. § 1767 — Delaware Code / Title 24 / Chapter 17 / Subchapter V / Section 1767
§ Â
        1767. Emergency care at the scene of an emergency.
Status: in_force

A person certified to practice medicine under this chapter who, in good faith and without gross or wanton negligence, renders emergency care at the scene of an emergency is not liable for civil damages as a result of any acts or omissions in rendering the emergency care.
24 Del. C. § 2314 — Delaware Code / Title 24 / Chapter 23 / Subchapter II / Section 2314
§ Â
        2314. Disciplinary proceedings; appeal.
Status: in_force

(a) Grounds. —

Subject to the provisions of this chapter, the Director, pursuant to the authority of the Secretary may impose any of the following sanctions (subsection (b) of this section) singly or in combination when it finds a licensee is guilty of any offense described herein:

(1) Conducting a pawnbroker, secondhand dealer or scrap metal processor without a license; or

(2) Failure to comply with electronic reporting requirements pursuant to § 2302 of this title; or

(3) Failure to comply with holding period requirements pursuant to § 2304 of this title; or

(4) Obtaining criminal charges or convictions pursuant to § 2311 of this title; or

(5) Failure to comply with inspection requests pursuant to § 2305 of this title; or

(6) Failure to notify the local law-enforcement agency upon suspicion of stolen goods pursuant to § 2306 of this title; or

(7) Violating prohibited transactions pursuant to § 2307 of this title; or

(8) Submitting false or fraudulent information material to any application for a license; or

(9) Violating any provision of this chapter or any rule or regulation promulgated by the Secretary.

(b) Disciplinary sanctions. —

(1) Permanently revoke a license.

(2) Suspend a license.

(3) Issue a letter of reprimand.

(4) Refuse to issue a license.

(5) Refuse to renew a license.

(6) Issue an emergency suspension

(7) Or otherwise discipline.

(c) Procedure. —

(1) After receipt of written notice from the Section of the denial, suspension, emergency suspension or revocation of a license, the applicant or license holder shall be afforded a hearing before the Superintendent or the Superintendent’s designee.

(2) The accused may be represented by counsel who shall have the right of examination and cross examination.

(3) Testimony before the Superintendent shall be under oath.

(4) A record of the hearing shall be made. At the request and expense of any party such record shall be transcribed with a copy to the other party.

(5) The decision of the Superintendent shall be based upon sufficient legal evidence. If the charges are supported by such evidence, the Superintendent may refuse to issue, or revoke or suspend a license, or otherwise discipline an individual. A suspended license may be reissued by the Section at the direction of the Superintendent.

(d) All decisions of the Superintendent shall be final and conclusive. Where the applicant or licensee is in disagreement with the action of the Superintendent, the practitioner may appeal the Superintendent’s decision to the Secretary within 30 days of service or the postmarked date of the copy of the decision mailed to the individual. The appeal shall be on the record to the Secretary as provided in the Administrative Procedures Act, subchapter V of Chapter 101 of Title 29 (§ 10141 et seq. of Title 29).

(e) All decisions of the Secretary shall be final and conclusive. Where the applicant or licensee is in disagreement with the action of the Secretary, the practitioner may appeal the decision to the Superior Court.

(1) An appeal pursuant to this section must be filed within 30 days of service or the postmarked date of the copy of the written decision and order of the Secretary is mailed.

(2) An appeal pursuant to this section is on the record without a trial de novo.

(3) The Secretary’s decision to deny, revoke, suspend or otherwise restrict a person’s license is not stayed upon appeal unless so ordered by the Superior Court.
24 Del. C. § 2012A — Delaware Code / Title 24 / Chapter 20A / Section 2012A
§ Â
        2012A. Oversight, dispute resolution, and enforcement.
Status: in_force

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

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

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

(b) Default, technical assistance, and termination. — (1) If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:

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

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

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

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

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

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

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

(c) Dispute resolution. — (1) Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non-member states.

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

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

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

(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
24 Del. C. § 2005A — Delaware Code / Title 24 / Chapter 20A / Section 2005A
§ Â
        2005A. Compact privilege.
Status: in_force

(a) To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:

(1) Hold a license in the home state.

(2) Have a valid United States Social Security number or National Practitioner Identification number.

(3) Have no encumbrance on any state license.

(4) Be eligible for a compact privilege in any member state in accordance with subsections (d), (f), (g), and (h) of this section.

(5) Have paid all fines and completed all requirements resulting from any adverse action against any license or compact privilege, and 2 years have elapsed from the date of such completion.

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

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

(8) Complete a criminal background check in accordance with § 2004A(a)(5) of this title.

a. The licensee shall be responsible for the payment of any fee associated with the completion of a criminal background check.

(9) Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege.

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

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

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

(d) Occupational therapy assistants practicing in a remote state shall be supervised by an occupational therapist licensed or holding a compact privilege in that remote state.

(e) A licensee providing occupational therapy 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. The licensee may be ineligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.

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

a. The home state license is no longer encumbered; and

b. Two years have elapsed from the date on which the home state license is no longer encumbered in accordance with paragraph (f)a. of this section.

(g) 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.

(h) If a licensee’s compact privilege in any remote state is removed, the individual may lose the compact privilege in any other remote state until the following occur:

(1) The specific period of time for which the compact privilege was removed has ended.

(2) All fines have been paid and all conditions have been met.

(3) Two years have elapsed from the date of completing requirements for paragraphs (h)(1) and (h)(2) of this section.

(4) The compact privileges are reinstated by the Commission, and the compact data system is updated to reflect reinstatement.

(i) If a licensee’s compact privilege in any remote state is removed due to an erroneous charge, privileges shall be restored through the compact data system.

(j) Once the requirements of subsection (h) 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. § 2529 — Delaware Code / Title 24 / Chapter 25 / Subchapter IV / Section 2529
§ Â
        2529. Renewal of permit [Effective until June 30, 2026].
Status: in_force

(a) A permit to operate a pharmacy must be renewed biennially in a manner determined by the Division, including the payment of the renewal fee established pursuant to § 2511 of this title.

(b) The Board, in its rules and regulations, shall determine the period within which a permit holder may renew the permit to operate a pharmacy, notwithstanding the fact that the permit holder failed to renew on or before the designated renewal date; provided, however, that the period of time may not exceed 1 year beyond the designated renewal date.

(c) A permit to operate a pharmacy terminates automatically upon a transfer of the controlling interest in the pharmacy, upon the termination of the legal existence of the pharmacy, or upon the discontinuance of business or professional practice.

(d) The closing of a pharmacy must be in compliance with the rules and regulations of the Board. If the closing is to be permanent, the Board must be notified 14 days prior to the closing. If the closing is to be for more than 7 consecutive business days, the Board must be notified 5 days prior to the temporary closing.
24 Del. C. § 2538 — Delaware Code / Title 24 / Chapter 25 / Subchapter IV / Section 2538
§ Â
        2538. Nonresident pharmacies: violations; penalties [Effective until June 30, 2026].
Status: in_force

(a) The Board may suspend or revoke the permit to conduct business in this State of a nonresident pharmacy permit holder who violates federal law or any state’s law, any of the conditions of the permit, or any of the rules or regulations adopted by the Board. The Board may impose an administrative penalty of not more than $50 for each day a violation occurs and/or continues.

(b) A person who operates a pharmacy located outside the State and delivers in any manner a prescription drug into the State without having obtained a permit to conduct business in this State pursuant to this chapter commits the offense of operating a nonresident pharmacy without a permit and may be fined not more than $50 for each day that the offense occurs and/or continues.
24 Del. C. § 1904B — Delaware Code / Title 24 / Chapter 19B / Section 1904B
§ Â
        1904B. General provisions and jurisdiction [Effective upon fulfillment of 83 Del. Laws, c. 110, Â 2].
Status: in_force

(a) A state must implement procedures for considering the criminal history records of applicants for initial APRN licensure or APRN licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by APRN applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.

(b) Each party state shall require all of the following for an applicant to satisfy the APRN uniform licensure requirements to obtain or retain a multistate license in the home state:

(1) Meets the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws.

(2) Has (a) completed an accredited graduate-level education program that prepares the applicant for 1 of the 4 recognized roles and population foci; or (b) has completed a foreign APRN education program for 1 of the 4 recognized roles and population foci that has been (a) approved by the authorized accrediting body in the applicable country and (b) verified by an independent credentials review agency to be comparable to a licensing board approved APRN education program.

(3) Has, if a graduate of a foreign APRN education program not taught in English or if English is not the individual’s native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening.

(4) Has successfully passed a national certification examination that measures APRN, role and population-focused competencies and maintains continued competence as evidenced by recertification in the role and population focus through the national certification program.

(5) Holds an active, unencumbered license as a registered nurse and an active, unencumbered authorization to practice as an APRN.

(6) Has successfully passed an NCLEX-RN® examination or recognized predecessor, as applicable.

(7) Has practiced for at least 2,080 hours as an APRN in a role and population focus congruent with the applicant’s education and training. For purposes of this section, practice shall not include hours obtained as part of enrollment in an APRN education program.

(8) Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state or, if applicable, foreign country’s criminal records.

(9) Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state, federal or foreign criminal law.

(10) Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined by factors set forth in rules adopted by the Commission.

(11) Is not currently enrolled in an alternative program.

(12) Is subject to self-disclosure requirements regarding current participation in an alternative program.

(13) Has a valid United States Social Security number.

(c) An APRN issued a multistate license shall be licensed in an approved role and at least 1 approved population focus.

(d) An APRN multistate license issued by a home state to a resident in that state will be recognized by each party state as authorizing the APRN to practice as an APRN in each party state, under a multistate licensure privilege, in the same role and population focus as the APRN is licensed in the home state.

(e) Nothing in this Compact shall affect the requirements established by a party state for the issuance of a single-state license, except that an individual may apply for a single-state license, instead of a multistate license, even if otherwise qualified for the multistate license. However, the failure of such an individual to affirmatively opt for a single-state license may result in the issuance of a multistate license.

(f) Issuance of an APRN multistate license shall include prescriptive authority for non-controlled prescription drugs.

(g) For each state in which an APRN seeks authority to prescribe controlled substances, the APRN shall satisfy all requirements imposed by such state in granting and/or renewing such authority.

(h) An APRN issued a multistate license is authorized to assume responsibility and accountability for patient care independent of any supervisory or collaborative relationship. This authority may be exercised in the home state and in any remote state in which the APRN exercises a multistate licensure privilege.

(i) All party states shall be authorized, in accordance with state due process laws, to take adverse action against an APRN’s multistate licensure privilege such as revocation, suspension, probation or any other action that affects an APRN’s authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.

(j) Except as otherwise expressly provided in this Compact, an APRN practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. APRN practice is not limited to patient care but shall include all advanced nursing practice as defined by the state practice laws of the party state in which the client is located. APRN practice in a party state under a multistate licensure privilege will subject the APRN to the jurisdiction of the licensing board, the courts, and the laws of the party state in which the client is located at the time service is provided.

(k) Except as otherwise expressly provided in this Compact, this Compact does not affect additional requirements imposed by states for advanced practice registered nursing. However, a multistate licensure privilege to practice registered nursing granted by a party state shall be recognized by other party states as satisfying any state law requirement for registered nurse licensure as a precondition for authorization to practice as an APRN in that state.

(l) Individuals not residing in a party state shall continue to be able to apply for a party state’s single-state APRN license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice as an APRN in any other party state.
24 Del. C. § 3907 — Delaware Code / Title 24 / Chapter 39 / Section 3907
§ Â
        3907. Qualifications  of applicants; licensure tiers; report to Attorney General; judicial review.
Status: repealed

(a) An applicant who is applying for examination and licensure under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following criteria:

(1) [Repealed.]

(2) Has not engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter. Applicants who have been or who currently are licensed to practice social work in another jurisdiction must provide the Board with a certified statement to this effect from the board or comparable agency of each jurisdiction in which the applicant has ever been licensed to practice social work. Applicants are deemed to have given consent to the release of such information and waived all objections to the admissibility of such evidence.

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

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

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

2. A report of the applicant’s entire federal criminal history record under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification is the intermediary for purposes of this section and the Board is the screening point for the receipt of the federal criminal history records.

b. An applicant may not be licensed as a social worker until the applicant’s criminal history reports have been produced. The State Bureau of Identification may release any subsequent criminal history to the Board.

(5) Does not have any impairment related to drugs or alcohol or a finding of mental incompetence by a physician, licensed mental health professional, or licensed or certified substance abuse professional that would limit the applicant’s ability to undertake the practice of social work in a manner consistent with the safety of the public.

(6) Has or will provide all information required on the application.

(7) Has not been convicted of a crime that is substantially related to social work. 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 affirmative vote of a majority of the quorum, shall waive this paragraph (a)(7). A waiver may not be granted for a conviction of a felony sexual offense.

a.-e. [Repealed.]

(8) Has submitted to the Board reports from child and adult abuse registries in Delaware and every state in which the applicant has ever been licensed or employed, or resided as an adult.

(b) Licensed clinical social worker. —

An applicant who is applying for licensure as a licensed clinical social worker shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following requirements:

(1) Meets the criteria under subsection (a) of this section.

(2) Has graduated and received a master’s or doctoral degree in social work from a program accredited by the Council on Social Work Education or its successor, or has graduated and received a doctoral degree from a program the Board has approved.

(3) Has successfully passed an examination that the Board designated under § 3906(a)(3) of this title.

(4) Subject to § 3907C of this title, has completed 2 years of supervised experience that the Board has approved, under the supervision of a licensed clinical social worker, after receiving a master’s or doctoral degree described in paragraph (b)(2) of this section. If an applicant demonstrates to the Board’s satisfaction and in compliance with the Board’s rules and regulations that a licensed clinical social worker was not available for supervision, the applicant may complete 2 years of supervised experience supervised by a licensed psychologist or licensed psychiatrist, if the supervision meets all other requirements established in the Board’s rules and regulations.

(c) Master’s social worker. —

An applicant who is applying for licensure as a master’s social worker shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following requirements:

(1) Meets the criteria under subsection (a) of this section.

(2) Has graduated and received a master’s degree in social work from a program accredited by the Council on Social Work Education or its successor.

(3) Has successfully passed an examination that the Board designated under § 3906(a)(3) of this title.

(d) Baccalaureate social worker. —

An applicant who is applying for licensure as a baccalaureate social worker shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following requirements:

(1) Meets the criteria under subsection (a) of this section.

(2) Has graduated and received a baccalaureate degree in social work from a program accredited by the Council on Social Work Education or its successor.

(3) Has successfully passed an examination that the Board designated under § 3906(a)(3) of this title.

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

(f) If an applicant believes the Board has denied an applicant without justification, imposed higher or different standards for the applicant than for other applicants or licensees, or in some other manner contributed to or caused the failure of the application, the applicant may, within 30 days of such denial, appeal the Board’s decision to the Superior Court.
24 Del. C. § 3108 — Delaware Code / Title 24 / Chapter 31 / Subchapter II / Section 3108
§ Â
        3108. Limited license.
Status: in_force

Upon payment to the Board of a fee, established by the Division, and completion of an application on forms provided by the Board, the Board shall issue a limited license to a person who is validly licensed as a funeral director by another state of the United States, its possessions, territory, or the District of Columbia, provided that a similar privilege is granted by that jurisdiction to Delaware licensed funeral directors. A limited license will allow the licensee to make a removal of a dead human body in this State, return the body to another state or country, return dead bodies from another state or country to this State for final disposition, complete the family history portion of the death certificate, sign the death certificate in the licensee’s capacity as a licensed funeral director, and execute any other procedures necessary to arrange for the final disposition of a dead human body.
24 Del. C. § 1726 — Delaware Code / Title 24 / Chapter 17 / Subchapter III / Section 1726
§ Â
        1726. Notice of certification required.
Status: in_force

The Executive Director of the Board shall, immediately upon issuing a certificate to practice medicine pursuant to § 1722, § 1723, or § 1724 of this title, make available to the director of the Division of Public Health of the Department of Health and Social Services the full name and address of the person to whom the certificate was issued and the date thereof, and, in the case of the issuance of a certificate pursuant to § 1722 or § 1724 of this title, the length of time for which the certificate authorizes the practice of medicine and the limitation on the authorization, if any.
24 Del. C. § 2610C — Delaware Code / Title 24 / Chapter 26C / Section 2610C
§ Â
        2610C. Oversight; dispute resolution; enforcement.
Status: in_force

(a) Oversight. —

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

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

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

(b) Default, technical assistance, and termination. —

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

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

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

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

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

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

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

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

(c) Dispute resolution. —

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

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

(d) Enforcement. —

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

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

(3) The remedies in this section shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.