24 Del. C. § 2603C — Delaware Code / Title 24 / Chapter 26C / Section 2603C
§ Â
        2603C. State participation in the Compact.
Status: in_force

(a) To participate in the Compact, a state must do all of the following:

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

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

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

(4) Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with subsection (b) of this section.

(5) Comply with the rules of the Commission.

(6) Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission.

(7) Have continuing competence requirements as a condition for license renewal.

(b) Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. § 534 and 42 U.S.C. § 14616.

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

(d) Member states may charge a fee for granting a compact privilege.
24 Del. C. § 716 — Delaware Code / Title 24 / Chapter 7 / Section 716
§ Â
        716. Chiropractors eligible for compensation from insurance; reimbursement at Medicare rate or comparable [For application of this section, see 85 Del. Laws, c. 251, Â 4].
Status: in_force

(a) (1) For purposes of disability insurance, standard health and accident, sickness, and all other such insurance plans, whether or not they are considered insurance policies, and contracts issued by health service corporations and health maintenance organizations, if the chiropractor is authorized by law to perform a particular service, all of the following apply:

a. The chiropractor is entitled to compensation for that chiropractor’s services under the plan or contract.

b. The plan or contract is prohibited from placing annual or lifetime numerical limits on chiropractic visits for the treatment of the spine and other neuromusculoskeletal structures, including extremities.

c. 1. The plan or contract may not deny coverage for chiropractic supportive care on the basis that the chiropractic supportive care constitutes maintenance therapy.

2. Paragraph (a)(1)c.1. of this section applies to all policies, contracts, or certificates issued, renewed, modified, altered, amended, or reissued after December 31, 2023.

(2) This subsection applies to a plan of health insurance or health benefits delivered or issued under any of the following:

a. Title 18.

b. Chapter 52 of Title 29.

c. Section 505(3) of Title 31.

(3) This subsection may not be waived by contract. A contractual arrangement in conflict with this subsection or that purports to waive any requirements of this subsection is void.

(b) Nothing in this section prevents the operation of reasonable and nondiscriminatory cost containment or managed care provisions, including deductibles, coinsurance, allowable charge limitations, coordination of benefits and utilization review. Any copayment or coinsurance amount must be equal to or less than 25% of the fee due or to be paid to the chiropractor under the policy, contract, or certificate for the treatment, therapy, or service provided.

(c) The Insurance Commissioner shall adopt regulations necessary for the administration, effectuation, investigation, and enforcement of this section, including the establishment of appropriate utilization review standards.

(d) (1) For purposes of this subsection:

a. 1. “Carrier” means any entity that provides health insurance in this State.

2. “Carrier” includes an insurance company, health service corporation, health maintenance organization, and any other entity providing a plan of health insurance or health benefits subject to state insurance regulation under Title 18.

3. “Carrier” also includes any third-party administrator, as defined under § 102 of Title 18, or other entity that adjusts, administers, or settles claims in connection with health benefit plans.

4. “Carrier” does not mean a plan of health insurance or health benefits designed for issuance to persons eligible for coverage under Titles XVIII, XIX, and XXI of the Social Security Act (42 U.S.C. §§ 1395 et seq., 1396 et seq. and 1397aa et seq.), known as Medicare, Medicaid, or any other similar coverage under state or federal governmental plans.

b. “Medicare” means the federal Medicare Program (U.S. Public Law 89-97, as amended) (42 U.S.C. § 1395 et seq.).

(2) A carrier shall reimburse services provided by a chiropractor at a reimbursement rate that is not less than the Medicare reimbursement rate for comparable services.

(3) If a comparable Medicare reimbursement rate is not available, a carrier shall reimburse for services provided by a chiropractor at the rates generally available under Medicare for services such as office visits or prolonged preventive services.

(4) The Medicare reimbursement rate provisions under paragraphs (d)(2) and (d)(3) of this section do not apply to accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health insurance policies.

(5) This subsection may not be waived by contract. A contractual arrangement in conflict with this subsection or that purports to waive any requirements of this subsection is void.

(6) This subsection applies to an individual or group health insurance policy, plan, or contract that is delivered, issued for delivery, or renewed by a carrier on or after January 1, 2022.
24 Del. C. § 3507A — Delaware Code / Title 24 / Chapter 35A / Section 3507A
§ Â
        3507A. Additional authorities invested in a compact stateâs psychology regulatory authority.
Status: in_force

In addition to any other powers granted under state law, a compact state’s psychology regulatory authority shall have the authority under this Compact to:

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

(2) Issue cease and desist or injunctive relief orders to revoke a psychologist’s authority to practice interjurisdictional telepsychology or temporary authorization to practice.

(3) During the course of any investigation, a psychologist may not change home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the Commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change home state licensure. The Commission shall promptly notify the new home state of any such decisions as provided in the rules of the Commission. All information provided to the Commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The Commission may create additional rules for mandated or discretionary sharing of information by compact states.
24 Del. C. § 3114 — Delaware Code / Title 24 / Chapter 31 / Subchapter II / Section 3114
§ Â
        3114. Disciplinary sanctions.
Status: in_force

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 or more of the conditions or violations set forth in § 3112 of this title applies to a practitioner regulated by this chapter:

(1) Issue a letter of reprimand.

(2) Censure a practitioner.

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

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

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

(4) Suspend any practitioner’s license.

(5) Revoke any practitioner’s license.

(6) Impose a monetary penalty not to exceed $1,000 for each violation.

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

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

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

(e) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.
24 Del. C. § 203 — Delaware Code / Title 24 / Chapter 2 / Section 203
§ Â
        203. Board of Landscape Architecture â Appointment; composition; qualifications; term of office; suspension or removal; compensation.
Status: in_force

(a) The Board of Landscape Architecture shall consist of 5 members appointed by the Governor: 3 professional members who shall be licensed landscape architects; and 2 public members. To serve on the Board, a public member shall not be nor ever have been a landscape architect, nor a member of the immediate family of a landscape architect; shall not have been employed by a landscape architect; shall not have had a material financial interest in the providing of goods and services to landscape architect; and shall not have been engaged in an activity directly related to landscape architecture. Such public member shall be accessible to inquiries, comments and suggestions from the general public.

(b) Each member shall serve for a term of 3 years, and may successively serve 1 additional term; provided however, that where a member was initially appointed to fill a vacancy, such member may successively serve for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment, however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor.

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

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

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

(f) No member of the Board of Landscape Architecture, while serving on the Board, shall be a president, chairperson or other official of a professional association of landscape architects.

(g) 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 by or otherwise employed by the Board.

(h) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9.
24 Del. C. § 4433 — Delaware Code / Title 24 / Chapter 44 / Subchapter IV / Section 4433
§ Â
        4433. License and certification renewal; inactive licenses; refusal to renew; finality of Boardâs decision.
Status: in_force

(a) All licenses issued pursuant to this chapter shall be renewed biennially. All certificates issued pursuant to this chapter shall be renewed on a schedule established by the Board.

(b) The Board may establish requirements to grant an inactive status to any licensee upon request.

(c) Renewal decisions of the Board shall be final when announced to the applicant.
24 Del. C. § 509 — Delaware Code / Title 24 / Chapter 5 / Subchapter II / Section 509
§ Â
        509. Examination.
Status: in_force

In the event an applicant for licensure has not successfully completed the PMLEXIS examination, or its successor, required by this chapter, the Board shall administer or authorize the administration of such examination provided the applicant has received a degree of “Doctor of Podiatric Medicine” as described in § 508(a)(1) of this title. All examinations shall be graded by the testing service providing the examinations. The passing score shall be established by the testing agency.
24 Del. C. § 1715 — Delaware Code / Title 24 / Chapter 17 / Subchapter II / Section 1715
§ Â
        1715. Records.
Status: in_force

The Division of Professional Regulation shall keep a register of all approved applications for certificates to practice medicine, approved applications for authorization to practice any profession or occupation regulated under this chapter, for registrations and renewal of registrations of certificates to practice medicine, for licenses and renewals of licenses to practice as physician assistants, for licenses and renewals of licenses to practice respiratory therapy, and for all other certificates, licenses, registrations, or other authorizing documents to practice any profession or occupation regulated under this chapter and their renewals, granted by the Board. In addition, the Director shall maintain complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board’s rules and regulations, complaints, hearings, and such other documents as the Board determines. Records of Board proceedings kept by the Division are prima facie evidence of the proceedings of the Board. An applicant, certificate holder, registrant, or licensee must notify the Division of Professional Regulation of a change in his or her address or in any other information on his or her application, registration, or renewal form within 15 days of the change.
24 Del. C. § 310 — Delaware Code / Title 24 / Chapter 3 / Section 310
§ Â
        310. 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 services on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year the Division of Professional Regulation, or any 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. § 1425 — Delaware Code / Title 24 / Chapter 14 / Subchapter III / Section 1425
§ Â
        1425. Inspections.
Status: in_force

An agent of the Division may inspect during business hours, without prior notice any person providing electrical services at any business or location to determine if such person has a proper license as required by this chapter.
24 Del. C. § 103 — Delaware Code / Title 24 / Chapter 1 / Section 103
§ Â
        103. Board of Accountancy; appointments; qualifications; term; vacancies.
Status: in_force

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

(b) The Board shall consist of 9 members who are residents of this State and are appointed by the Governor, as follows:

(1) Five certified public accountants, all of whom must hold active permits to practice certified public accountancy;

(2) One public accountant who holds a valid permit to practice public accountancy;

(3) Two members from the public at large; and

(4) One public member who is employed full time in the field of post-secondary accounting education.

(c) To serve on the Board, the public members referred to in paragraph (b)(3) of this section, shall not be nor ever have been a certified public accountant or public accountant, nor a member of the immediate family of a certified public accountant or public accountant; shall not be nor ever have been employed by a person or firm which provides certified public accounting or public accounting services; shall not have a material financial interest in the providing of goods and services to any person or firm which provides accounting services; nor have been engaged in an activity directly related to accounting services. The public members shall be accessible to inquiries, comments and suggestions from the general public.

(d) Except as provided in subsection (e) of this section, each member shall serve for a term of 3 years and may succeed himself or herself for 1 additional term. 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.

(e) 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 3 years has expired since such person last served.

(f) 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 (e) of this section, unless such amendment or revision amends this section to permit such an appointment.

(g) No member of the Board of Accountancy, while serving on the Board, shall be an officer (president, chairperson, president-elect, vice president, secretary or treasurer) of a professional accounting organization, including the American Institute of Certified Public Accountants (AICPA), the Delaware Society of Certified Public Accountants (DSCPA), the National Society of Public Accountants (NSPA), the Delaware Association of Public Accountants (DAPA) or any other professional accounting association.

(h) The provisions set forth for “employees” in Chapter 58 of Title 29 shall apply to 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 compensated at an appropriate and reasonable level as determined by the Division and may be reimbursed for meeting-related travel expenses at the State’s approved rate.
24 Del. C. § 3714 — Delaware Code / Title 24 / Chapter 37 / Subchapter II / Section 3714
§ Â
        3714. Complaints [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: in_force

(a) All complaints shall be received and investigated by the Division in accordance with § 8735, Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.

(b) When it is determined that an individual is engaging or has engaged in the practice of speech/language pathology, audiology, or dispensing of hearing aids, or is using the title “speech/language pathologist,” “audiologist,” or “hearing aid dispenser” and is not licensed under the laws of this State, the Board shall apply to the Office of the Attorney General to issue a cease and desist order.
24 Del. C. § 1328 — Delaware Code / Title 24 / Chapter 13 / Section 1328
§ Â
        1328. Enforcement of chapter; jurisdiction.
Status: in_force

All police agencies and law-enforcement officers of this State may carry out this chapter and enforce compliance therewith. Justices of the Peace Courts shall have jurisdiction over violations under this chapter.
24 Del. C. § 4015 — Delaware Code / Title 24 / Chapter 40 / Subchapter II / Section 4015
§ Â
        4015. Complaints.
Status: in_force

(a) All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.

(b) When it is determined that an individual is engaging, or has engaged, in the practice of appraising, or is using the title “appraiser” or other title implying that the individual is competent to act as an “appraiser” and is not licensed or certified under the laws of this State, the Council shall apply to the Office of the Attorney General to issue a cease and desist order.
24 Del. C. § 1710A — Delaware Code / Title 24 / Chapter 17A / Section 1710A
§ Â
        1710A. Disciplinary actions.
Status: in_force

(a) Any disciplinary action taken by any member board against a physician licensed through the Compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the Medical Practice Act or regulations in that state.

(b) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician’s license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the Medical Practice Act of that state.

(c) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and may:

(1) Impose the same or lesser sanction(s) against the physician so long as such sanctions are consistent with the Medical Practice Act of that state.

(2) Pursue separate disciplinary action against the physician under its respective Medical Practice Act, regardless of the action taken in other member states.

(d) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license issued to the physician by any other member board shall be suspended, automatically and immediately without further action necessary by the other member board, for 90 days upon entry of the order by the disciplining board, to permit the member board to investigate the basis for the action under the Medical Practice Act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the 90 day suspension period in a manner consistent with the Medical Practice Act of that state.
24 Del. C. § 5132 — Delaware Code / Title 24 / Chapter 51 / Subchapter II / Section 5132
§ Â
        5132. Operation of aesthetics schools.
Status: in_force

(a) Any school which holds a current license to conduct a school for the purpose of teaching cosmetology and/or its branches, may apply for approval by the Board to teach a course pertaining to the principles of aesthetics. Every school shall at all times be in the charge, and under the immediate supervision, of an aesthetics instructor.

(b) All other schools shall be separately licensed and pay the prescribed fee.

(c) All aesthetics schools shall comply with the requirements of the Delaware Department of Education.

(d) All aesthetic schools must maintain compliance with § 5119 of this title, pertaining to cosmetology and barbering schools. All aesthetic schools must become accredited within 5 years of June 26, 2010, as provided in § 5119(h) of this title.
24 Del. C. § 2801 — Delaware Code / Title 24 / Chapter 28 / Section 2801
§ Â
        2801. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Delaware Professional Engineers Act.”
24 Del. C. § 1725 — Delaware Code / Title 24 / Chapter 17 / Subchapter III / Section 1725
§ Â
        1725. Temporary certificate pending certification.
Status: in_force

The Executive Director of the Board, with the approval of a physician member of the Board, may issue a temporary certificate pending certification to practice medicine for a period of time not to exceed 3 months to a person otherwise qualified to practice medicine who has applied for certification to practice medicine. When an occupational license is issued by the Director of Revenue pursuant to Chapter 23 of Title 30, if such license is required, and the temporary certificate pending certification is registered by the Board, the holder of the temporary certificate pending certification may, during the time specified on the certificate unless sooner revoked, practice medicine in this State, subject to all the laws of this State and to the regulations and restrictions which the Board may adopt, including, but not limited to, location limitations and limitations on the nature of the practice of medicine within the State.
24 Del. C. § 2107 — Delaware Code / Title 24 / Chapter 21 / Section 2107
§ Â
        2107. Qualifications of applicant; report to Attorney General; judicial review.
Status: in_force

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

(1) Has received a degree of “doctor of optometry” from a legally incorporated and accredited optometric college or school which has been approved by the appropriate accrediting body of the American Optometric Association.

(2) Has achieved the passing score on a nationally recognized, written, standardized examination in optometry that includes diagnosis, treatment, and management of ocular disease, approved by the Division of Professional Regulation. The examination in this section must be administered at least once each year.

(3) Has completed a 6-month internship in optometry, which shall be approved by the Board; the Board shall waive the internship when the applicant meets the requirements of § 2109 of this title.

(4) Has not engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter and has no disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has previously been or currently is licensed as an optometrist.

(5) Possesses current cardio-pulmonary resuscitation (CPR) certification for adults and children.

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

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

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

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

c. An applicant may not be licensed as an optometrist until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction that is substantially related to the practice of optometry may not be licensed by the Board unless a waiver is granted pursuant to § 2113(a)(8) of this title.

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

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

(d) All individuals licensed to practice optometry in this State shall be required to be fingerprinted by the State Bureau of Identification, at the licensee’s expense, for the purposes of performing subsequent criminal background checks. Licensees shall submit by January 1, 2016, at the applicant’s expense, fingerprints and other necessary information in order to obtain a criminal background check.
24 Del. C. § 2932 — Delaware Code / Title 24 / Chapter 29 / Subchapter II / Section 2932
§ Â
        2932. Common law of agency.
Status: in_force

(a) For transactions where the consumer hires a broker as a common law agent, and the broker agrees to become the consumer’s common law agent, the common law of agency applies to the extent it is not inconsistent with applicable provisions of this chapter.

(b) The duties of a licensee as a common law agent and corresponding liabilities of the client begin and terminate based upon the common law of agency.

(c) Common law agency disclosure. — (1) All licensees in a common law agency relationship must disclose, in writing, whom they represent. This disclosure shall be made to all parties to a transaction who the licensee does not represent but with whom the licensee has substantive contact, such as prospective sellers, lessors, buyers and lessees.

(2) This disclosure referenced in subsection (a) of this section shall be made at the first substantive contact between the licensee and the person the licensee does not represent. A listing broker who is not also the selling Broker and who has no substantive contact with the prospective buyer or lessee, need not make any agency disclosure to the prospective buyer or lessee.

(3) The Commission may adopt rules and regulations to prescribe the form of disclosure to be used by licensees or minimum criteria for the form of disclosure.

(4) Licensees shall not function in the capacity of a common law agent for transactions concerning a 1-to-4 family residential property unless they have established that relationship in writing and the policy of the broker is to represent only the seller or buyer as a single agent for each transaction and never as a dual agent.
24 Del. C. § 2717 — Delaware Code / Title 24 / Chapter 27 / Subchapter II / Section 2717
§ Â
        2717. Penalty.
Status: in_force

A person not currently licensed under this chapter as a land surveyor, when guilty of engaging in the practice of land surveying, or using in connection with that person’s name or otherwise assuming or using any title or description conveying or tending to convey the impression that the person is qualified to practice land surveying, such offender shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 or more than $1000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1000 or more than $2000 for each offense. Justice of the Peace Court shall have jurisdiction over all violations of this chapter.
24 Del. C. § 3005 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3005
§ Â
        3005. 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. § 4416 — Delaware Code / Title 24 / Chapter 44 / Subchapter II / Section 4416
§ Â
        4416. The Manufactured Home Installation Board; powers and duties.
Status: in_force

(a) The Board shall have all the powers and authority necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the powers set forth in this section in addition to others granted in this chapter.

(b) The Manufactured Home Installation Board may:

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

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

(3) Designate the written, standardized examination, approved by the Division, and administered and graded by the testing service, to be taken by all persons applying for licensure, except applicants who qualify for licensure by reciprocity;

(4) Evaluate the credentials of all persons applying for a license as a manufactured home installer, in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this chapter.

(5) Evaluate the credentials of all persons applying for a certificate as a manufactured home installation inspector, in order to determine whether such persons meet the qualifications for certification set forth in this chapter.

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

(7) Grant certificates to and renew certifications of all person who meet the qualifications for certification;

(8) Establish by rule and regulation continuing education standards, which shall be a requirement of continued licensure and certification, as well as a requirement for renewal;

(9) Evaluate certified records to determine whether an applicant for licensure or certification, who previously has been licensed, certified or registered in another jurisdiction as a manufactured home installer or installation inspector, has engaged in any act or offense that would be grounds for disciplinary action under this chapter, and whether there are disciplinary proceedings or unresolved complaints pending against such applicant for such acts or offenses;

(10) Refer all complaints from licensees and certified installation inspectors and the public concerning licensees and certified installation inspectors, concerning unauthorized practitioners, or concerning practices of the Board or of 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 of the technical aspects of the complaint;

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

(12) Grant a license to, and renew the license of, any person holding an inactive license, as defined in the Board’s rules and regulations, provided the individual does not use the license to perform manufactured home installations, and who in addition, submits proof of completion of biennial continuing education requirements.

(13) In the event an installation is not in compliance with this chapter, direct a licensed installer to take such corrective actions as it deems necessary to bring the installation into compliance.

(14) Assess administrative penalties against any unauthorized practitioner.

(15) Designate and impose the appropriate sanction or penalty, after time for appeal has lapsed, when the Board determined after a hearing, that penalties or sanctions should be imposed.

(16) Monitor federal laws and regulations governing manufactured home installations and installation inspections to ensure its continued compliance with them.

(c) The Board shall require that all persons receiving a license, display on the vehicles used in the performance of their work, the words “Licensed Manufactured Home Installer”, or the abbreviation “Lic. Mfd. Home Installer” and the number assigned to them, in not less than 2-inch letters and numbers.

(d) The Board shall promulgate regulations specifically identifying those crimes which are substantially related to the work of a manufactured home installer or the practice of manufactured home installation.
24 Del. C. § 1779A — Delaware Code / Title 24 / Chapter 17 / Subchapter VII / Section 1779A
§ Â
        1779A. Duty to report conduct that constitutes grounds for discipline or inability to practice.
Status: in_force

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

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

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

(d) All reports required under subsections (a), (b) and (c) of this section must be filed within 30 days of becoming aware of such information. A person reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.
24 Del. C. § 1905A — Delaware Code / Title 24 / Chapter 19A / Section 1905A
§ Â
        1905A. Applications for licensure in a party state.
Status: in_force

(a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant, and whether the applicant is currently participating in an alternative program.

(b) A nurse may hold a multistate license, issued by the home state, in only 1 party state at a time.

(c) If a nurse changes primary state of residence by moving between 2 party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the Commission.

(1) The nurse may apply for licensure in advance of a change in primary state of residence.

(2) A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.

(d) If a nurse changes primary state of residence by moving from a party state to a nonparty state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.
24 Del. C. § 205 — Delaware Code / Title 24 / Chapter 2 / Section 205
§ Â
        205. Powers and duties.
Status: reserved

(a) The Board shall have authority to:

(1) Formulate rules and regulations relating to official seals and other matters, with appropriate notice to those affected, where such notice can reasonably be given. Each rule or regulation shall implement or clarify a specific section of this chapter;

(2) Designate the application form to be used by all applicants for licensure, subject to the approval of the Director of the Division of Professional Regulation, and to process all applications;

(3) Designate a written national examination, prepared by either the national professional association or by a recognized legitimate national testing service. The examination shall be prepared for testing on a national basis, and not specifically prepared at the request of the Board for its individual use. The national examination shall be taken by persons applying for licensure, except applicants who qualify for licensure by reciprocity;

(4) Provide for the administration of all examinations, including notice and information to applicants;

(5) Under such conditions as are permitted by the national testing service, administer the uniform national examination, or another nationally-administered examination for those applicants who have been unable to take it at the school or college of landscape architecture, or elsewhere;

(6) Grant licenses to all persons who meet the qualifications for licensure;

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

(8) If an investigation under § 8735 of Title 29 indicates that a disciplinary hearing is appropriate, to conduct such hearing in accordance with this chapter; with the provisions of § 8735(h) of Title 29; and with the applicable provisions of the Administrative Procedures Act [Chapter of 101 of Title 29];

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

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

(11) Maintain complete records relating to meetings, applications, examinations, rosters, changes in the Board’s rules and regulations, complaints, hearings and other matters within the Board’s jurisdiction, except for those matters or subjects where the records are maintained by the Division of Professional Regulation;

(12) Formulate rules and regulations relating to continuing education requirements for practitioners; and

(13) Require, by subpoena, the attendance and testimony of witnesses and the production of papers, records and other documentary evidence.

(b) The authority, powers and duties of the Board set forth in this section shall not be construed to include the computation or collection of fees and charges; formulation or administration of examinations; reimbursement of expenses; rules and regulations concerning public meetings; investigation of complaints; or any other powers or duties reserved to the Division of Professional Regulation in accordance with § 8735 of Title 29.

(c) The Board of Landscape Architecture shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of landscape architecture.
24 Del. C. § 1701 — Delaware Code / Title 24 / Chapter 17 / Subchapter I / Section 1701
§ Â
        1701. Statement of purpose.
Status: in_force

Recognizing that the practice of medicine and the practices of certain other healthcare professions are privileges and not natural rights, it is hereby considered a matter of policy in the interests of public health, safety, and welfare to provide laws covering the granting of those privileges and their subsequent use and control, and to provide regulations to the end that the public health, safety, and welfare are promoted and that the public is properly protected from the unprofessional, improper, unauthorized, or unqualified practice of medicine and practice of certain other healthcare professions and from unprofessional conduct by persons authorized to practice medicine or to practice certain other healthcare professions.
24 Del. C. § 6101 — Delaware Code / Title 24 / Chapter 61 / Section 6101
§ Â
        6101. Purpose.
Status: in_force

(a) The Board of Elevator Mechanics’ primary objective, 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 competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board will develop standards assuring professional competence, will monitor complaints brought against licensees regulated by the Board, will adjudicate at formal hearings, will promulgate rules and regulations, and will impose sanctions where necessary against licensees.
24 Del. C. § 1776 — Delaware Code / Title 24 / Chapter 17 / Subchapter VII / Section 1776
§ Â
        1776. Respiratory care practitioners.
Status: in_force

(a) As used in this subchapter:

(1) “Respiratory care” means the allied health profession, under the direction of a person certified to practice medicine, which is responsible for direct and indirect services in the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. Respiratory care includes inhalation therapy and respiratory therapy.

(2) “Respiratory care practitioner” or “RCP” means an individual who practices respiratory care in accord with the requirements of this subchapter;

(b) A respiratory care practitioner works under the general supervision of a person certified to practice medicine, whether by direct observation and monitoring, by protocols approved by a person certified to practice medicine, or by orders written or verbally given by a person certified to practice medicine. A respiratory care practitioner may evaluate patients and make decisions within parameters defined by a person certified to practice medicine and by the Board of Medical Licensure and Discipline. The work performed by a respiratory care practitioner includes, but is not limited to:

(1) Collecting samples of blood, secretions, gases, and body fluids for respiratory evaluations;

(2) Measuring cardiorespiratory volumes, flows, and pressures;

(3) Administering pharmacological agents, aerosols, and medical gases via the respiratory route;

(4) Inserting and maintaining airways, natural or artificial, for the flow of respiratory gases;

(5) Controlling the environment and ventilatory support systems such as hyperbaric chambers and ventilators;

(6) Resuscitating individuals with cardiorespiratory failure;

(7) Maintaining bronchopulmonary hygiene;

(8) Researching and developing protocols in respiratory disorders;

(9) Performing pulmonary function studies; and

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

(c) Nothing in this subchapter is intended to limit, preclude, or otherwise interfere with the professional activities of other individuals and healthcare providers formally trained and licensed by the State.

(d) An individual who is licensed pursuant to this subchapter, who is not being investigated or sanctioned in relation to unprofessional conduct or physical, mental, emotional, or other impairment, and who has passed an examination that includes the subject matter of 1 or more of the professional activities included in subsection (b) of this section may not be prohibited from performing those professional activities passed in the examination, provided that the testing body that administered the examination is approved by the Board.
24 Del. C. § 1785 — Delaware Code / Title 24 / Chapter 17 / Subchapter VIII / Section 1785
§ Â
        1785. Short form of affidavit and application for waiver of parental notice requirement.
Status: in_force

The following shall be sufficient form of affidavit and application for waiver of parental notice requirement under this subchapter:

BE IT REMEMBERED that on this ________ day of ________________ , A.D. ________ before me, (name of person authorized to perform notarial acts), personally appeared (name of minor applicant/affiant) who, being by me duly sworn or affirmed, depose and say:

(1) That the minor applicant resides at (minor’s address);

(2) That the Court may send its order to (mailing address designated by applicant minor) and leave telephone messages for the applicant minor at (phone number designated by applicant minor);

(3) That the minor applicant is pregnant;

(4) That the minor applicant desires to obtain an abortion;

(5) That the minor applicant desires that the Court waive the notice requirement of § 1783 of Title 24;

(6) That the minor applicant believes that she is mature and well-informed enough to make the abortion decision on her own and/or it would be in her best interest that a waiver of notice be granted because (state reasons why mature and well-informed enough and/or waiver of notice is in best interest based upon the applicant’s age and family circumstances and the long-term and short-term consequences to the applicant of termination or continuation of the pregnancy).

WHEREFORE, this minor applicant intends to submit this affidavit and application for waiver of notice of abortion to the Family Court, and pray that an order be issued waiving the notification requirement of § 1783 of Title 24 as to the following persons: (identify each such person).

________________

Minor applicant/affiant

SWORN TO or affirmed and subscribed before me by the minor applicant/affiant this ________ day of ________________ , A.D. ________ .

________________

(Notary)
24 Del. C. § 2604 — Delaware Code / Title 24 / Chapter 26 / Section 2604
§ Â
        2604. Powers and duties of Board.
Status: in_force

(a) The Examining Board of Physical Therapists and Athletic Trainers shall have authority to:

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

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

(3) Designate an examination to be taken by persons applying for licensure, except applicants who qualify for licensure by reciprocity;

(4) Evaluate the credentials of all applicants in order to determine whether the applicants meeting qualifications for licensing set forth in this chapter;

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

(6) Establish by rule and regulation continuing education standards required for license renewal. Such continuing education standards shall include competencies and proficiencies as determined by the Board;

(7) Establish by rule and regulation advanced training requirements to assure the licensee meets accepted standards of care for different modalities;

(8) Perform random audits of continuing education credits submitted by licensees for license renewal;

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

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

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

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

(13) Issue cease and desist orders and impose fines for unlicensed practice after a hearing conducted in accordance with this chapter and the Administrative Procedures Act, Chapter 101 of Title 29;

(14) Issue advisory opinions regarding this chapter upon written request by a person licensed under this chapter; and

(15) Report final disciplinary action taken against a licensee to a national disciplinary database recognized by the Board or as required by law.

(b) The Board of Physical Therapy and Athletic Training shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of physical therapy or athletic training.
24 Del. C. § 2006 — Delaware Code / Title 24 / Chapter 20 / Subchapter I / Section 2006
§ Â
        2006. Powers and duties.
Status: in_force

(a) The Board may do all of the following:

(1) Formulate rules and regulations, with appropriate notice to those affected. Rules and regulations must be promulgated in accordance with the procedures specified in the Administrative Procedures Act (Chapter 101 of Title 29) of this State. Each rule or regulation must 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 the written, standardized examination as approved by the National Board for Certification in Occupational Therapy, Inc., or its successor, that an applicant must pass to qualify for licensure. An applicant who qualifies for licensure by reciprocity must have achieved a passing score on the national examination.

(4) [Transferred to subsection (c).]

(5) Establish minimum education, training, and experience requirements for licensure.

(6) Evaluate an applicant’s credentials, in order to determine whether the applicant meets the qualifications for licensing under this chapter.

(7) Grant licenses to, and renew licenses of, an applicant or licensee who meets the qualifications for licensure 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 who has been previously licensed, certified, or registered in another jurisdiction to practice occupational therapy or to act as an occupational therapy assistant has engaged in any act or offense that would be grounds for disciplinary action under this chapter, and whether any disciplinary proceedings or unresolved complaints are pending against the applicant for the act or offense.

(10) Refer all complaints from licensees and the public concerning licensees, the Board’s practices, or the profession to the Division for investigation under § 8735 of Title 29, and assign a Board member to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint. A Board member who is assigned to assist the Division under this paragraph may not participate in deliberations on the complaint.

(11) Conduct hearings and issue orders in accordance with procedures established under this chapter, Chapter 101 of Title 29, and § 8735 of Title 29. The Board shall determine whether a licensee is subject to a disciplinary hearing and, if so, shall conduct the hearing in accordance with this chapter and the Administrative Procedures Act (Chapter 101 of Title 29).

(12) If the Board determines after a disciplinary hearing that penalties or sanctions should be imposed, designate and impose the appropriate sanction or penalty after time for appeal has lapsed.

(b) The Board shall promulgate regulations specifically identifying crimes which are substantially related to the practice of occupational therapy.

(c) The Board shall adopt the administration, grading procedures, and passing score of the National Board for Certification in Occupational Therapy, Inc., or its successor, or a comparable alternative national or regional examination, if a national examination is not available.
24 Del. C. § 4402 — Delaware Code / Title 24 / Chapter 44 / Subchapter I / Section 4402
§ Â
        4402. Scope.
Status: in_force

This chapter governs the installation of manufactured homes wherever situated in the State of Delaware, and shall apply to single section, multiple section or expandable homes for use as a permanent dwelling.
24 Del. C. § 317 — Delaware Code / Title 24 / Chapter 3 / Section 317
§ Â
        317. Penalties.
Status: in_force

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

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

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

(d) Any person who violates any provisions of this chapter or any rules or regulations promulgated hereunder shall be liable for a civil penalty of not more than $5,000 for the first offense; and not more than $10,000 for the second and each subsequent offense, which penalty may be sued for, and recovered by, the Board. Nothing in this section shall be construed to prevent prosecution under, or be inconsistent with, Chapter 5 of Title 11.
24 Del. C. § 3908D — Delaware Code / Title 24 / Chapter 39D / Section 3908D
§ Â
        3908D. Military families.
Status: in_force

An active military member or the military member’s spouse shall designate a home state where the individual has a Multistate License. The individual may retain the individual’s home state designation during the period the service member is on active duty.
24 Del. C. § 3601 — Delaware Code / Title 24 / Chapter 36 / Subchapter I / Section 3601
§ Â
        3601. Objectives.
Status: in_force

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

The secondary objectives of the Board are to maintain minimum standards of practitioner competency; and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensed practitioners.
24 Del. C. § 2807 — Delaware Code / Title 24 / Chapter 28 / Section 2807
§ Â
        2807. Council of the Delaware Association of Professional Engineers.
Status: in_force

(a) There shall be a Council which will be the governing board of the Association. The Council shall consist of 15 voting members, 12 of whom shall be elected, and 3 of whom shall be appointed by the Governor. The immediate past president, if not an elected member of Council, shall be a nonvoting member of Council. A quorum of the Council shall be a majority of the seated members of the Council.

(b) The 12 elected members shall be elected and hold office on the basis of the following constituencies:

(1) One shall be from each of the following 5 engineering disciplines: civil, chemical, electrical, mechanical and any other;

(2) One shall be from each of the following fields of employment: government, industry, private consulting practice and education; and

(3) One shall be from each of the 3 counties: New Castle, Kent and Sussex.

(c) Of the 3 appointed members, 1 shall be from each of the 3 counties. New Castle, Kent and Sussex.

(d) (1) A person elected as a Council member shall, at the time of election, and during the term of office, be a citizen of the United States of America, a resident of the State, a member of the Association and be qualified to represent the constituency from which the person was elected.

(2) A person appointed as a Council member shall, at the time of appointment, and during the term of office, be a citizen of the United States of America and a resident of the State and of the county for which the appointment is designated.

(e) The term of office for members of Council shall, unless otherwise specified, be 4 years. A member of Council, whether appointed or elected, may not serve more than 2 consecutive terms on the Council.

(f) Three members of Council shall be elected each year for a 4-year term to fill vacancies in the field of discipline, field of employment and county of residence. Each Council vacancy will be designated by discipline, field of employment or county of residence in accordance with the constituency designation specified in subsection (b) of this section and each designated vacancy will be voted upon separately by members of the Association. A candidate for Council must announce at the time of nomination or petition the vacancy for which that candidate is seeking election and the candidate must be qualified by discipline, field of employment or residence to fill the vacancy for which that candidate is seeking election. For purposes of election, the candidate discipline shall be that shown on the roster, the field of employment shall be that held by the candidate and the county of residence shall be that of the candidate at the time of nomination or petition as well as at the time of election. The terms of office for Council members shall commence on September 1 of the year elected or appointed and shall expire on August 31, of the year ending the term.
24 Del. C. § 1714B — Delaware Code / Title 24 / Chapter 17B / Section 1714B
§ Â
        1714B. Binding effect of compact.
Status: in_force

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

(b) Any laws in a participating state in conflict with this Compact are superseded to the extent of the conflict.

(c) All agreements between the Commission and the participating states are binding in accordance with their terms.
24 Del. C. § 6111 — Delaware Code / Title 24 / Chapter 61 / Section 6111
§ Â
        6111. Grounds for discipline.
Status: in_force

(a) A licensed elevator mechanic shall be subject to disciplinary actions under § 6113 of this title, if, after a hearing, the Board finds that the p licensee has:

(1) Employed, or knowingly cooperated in, fraud or material deception in order to acquire a license as an elevator mechanic, has impersonated another person holding a license, or allowed another person to use the practitioner’s license, or aided or abetted a person not licensed as an elevator mechanic to represent oneself as a licensed elevator mechanic.

(2) Illegally, incompetently, or negligently provided elevator services.

(3) Performed service on an elevator, as defined in this title, without a license.

(4) Been convicted of any offense, the circumstances of which substantially relate to the work of an elevator mechanic. A certified court copy of a record of conviction shall be conclusive evidence of conviction.

(6) Engaged in an act of consumer fraud or deception.

(7) Violated this chapter or any rule or regulation established under this chapter.

(8) Had a license as an elevator mechanic suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record, and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the disciplinary acts defined in this chapter. Every individual licensed as an elevator mechanic in this State, as a condition of licensure, has given consent to the release of disciplinary information by all other jurisdictions, and to waiver of all objections to the admissibility of previously adjudicated evidence of such disciplinary acts or offenses.

(9) Failed to notify the Board that their license as an elevator mechanic in another state has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation in another state shall be considered as conclusive evidence.

(b) In accordance with Title 29, Chapter 101, no license shall be restricted, suspended or revoked by the Board, and no individual’s right to practice as an elevator mechanic shall be limited by the Board, until the individual has been given notice, and an opportunity to be heard, in accordance with Title 29, Chapter 101.
24 Del. C. § 2305 — Delaware Code / Title 24 / Chapter 23 / Subchapter I / Section 2305
§ Â
        2305. Inspection of premises and records.
Status: in_force

(a) Every pawnbroker, secondhand dealer and scrap metal processor subject to this chapter shall maintain at a place of business designated on the license records of all information required by this chapter, together with a photocopy of government-issued photo identification, for a period of at least 1 year from the date the transaction was recorded.

(b) The records required to be maintained in subsection (a) of this section shall, during regular business hours, be subject to inspection by a law-enforcement officer of Delaware, or by the Attorney General or any Deputy Attorney General.

(c) Such inspection shall consist of an examination on the premises of the inventory and required records to determine whether the records and inventory are being maintained on the premises as required by this chapter.
24 Del. C. § 1799I — Delaware Code / Title 24 / Chapter 17 / Subchapter XI / Section 1799I
§ Â
        1799I. Genetic Counselor Advisory Council.
Status: in_force

(a) The Genetic Counselor Advisory Council (Council) consists of 5 voting members, and 1 ex officio member. The 5 voting members shall consist of 1 physician member of the Board of Medical Licensure and Discipline and 4 Council members licensed and trained as genetic counselors who have been primarily employed in the practice of genetic counseling in this State for at least 3 years immediately prior to appointment. The ex officio member shall be a Delaware physician who has expertise in genetic counseling. The Council may elect officers as necessary.

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

(c) The Council shall promulgate rules and regulations governing the practice of genetic counseling, after public hearing and subject to the approval of the Board of Medical Licensure and Discipline. The Board must approve or reject proposed rules or regulations submitted to it by the Council within 60 days. If the Board fails to approve or reject the proposed rules or regulations within 60 days, the proposed rules or regulations are deemed to be approved by the Board.

(d) The Council shall meet quarterly, and at such other times as license applications are pending and evaluate the credentials of all persons applying for a license as a licensed genetic counselor in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this chapter. The Council shall present to the Board the names of individuals qualified to be licensed and shall recommend disciplinary action against licensees as necessary, and shall suggest changes in operations or regulations. The Board shall approve or reject these recommendations within a reasonable time period.

(e) License suspension, revocation, or nonrenewal. — (1) The Council, after appropriate notice and hearing, may recommend to the Board of Medical Licensure and Discipline that the Board revoke, suspend, or refuse to issue a license, or place the licensee on probation, or otherwise discipline a licensee found guilty of unprofessional conduct. Unprofessional conduct includes, but is not limited to, fraud, deceit, incompetence, negligence, dishonesty, or other behavior in the licensee’s professional activity which is likely to endanger the public health, safety, or welfare. The Council may recommend and Board may take necessary action against a genetic counselor who is unable to render services with reasonable skill or safety to patients because of mental illness or mental incompetence, physical illness, or the excessive use of drugs including alcohol. Disciplinary action or other action taken against a genetic counselor must be accordance with the procedures for disciplinary and other actions against physicians, including appeals as set forth in subchapter IV of this chapter except that a hearing panel for a complaint against a genetic counselor consists of 3 members; 1 of the 3 shall be a physician member of the Board; 2 of the 3 shall be unbiased members of the Council; and if no conflict exists, 1 of the 2 Council members shall be the Chair of the Council. The Chair of the hearing panel shall be 1 of the Council panel members.

(2) a. If the Board or the Council receives a formal or informal complaint concerning the activity of a genetic counselor and the Board or Council members reasonably believe that the activity presents a clear and immediate danger to the public health, the Council may issue an order temporarily suspending the genetic counselor’s license to practice, pending a hearing upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Council Chair or the Chair’s designee. An order temporarily suspending a license to practice may not be issued by the Board, unless the genetic counselor or the genetic counselor’s attorney received at least 24 hours’ written or oral notice prior to the temporary suspension so that the genetic counselor or the genetic counselor’s attorney can be heard in opposition to the proposed suspension. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended genetic counselor requests a continuance of the hearing date. If the genetic counselor requests a continuance, the order of temporary suspension remains in effect until the hearing panel convenes and a decision is rendered.

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

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

d. As soon as possible after the issuance of an order temporarily suspending a genetic counselor’s license to practice pending a hearing, the Council Chair shall appoint a 3-member hearing panel consisting of 3 members; 1 of the 3 shall be a physician member of the Board; 2 of the 3 shall be unbiased members of the Council; and if no conflict exists, 1 of the 2 Council members shall be the Chair of the Council. The Chair of the hearing panel shall be 1 of the Council panel members. After notice to the genetic counselor pursuant to paragraph (e)(2)b. of this section, the hearing panel shall convene within 60 days of the date of issuance of the order of temporary suspension to consider the evidence regarding the matters alleged in the complaint. If a genetic counselor requests in a timely manner an expedited hearing, the hearing panel shall convene within 15 days of the receipt of the request by the Council. The 3-member panel shall proceed to a hearing and shall render a decision within 30 days of the hearing.

e. In addition to making findings of fact, the hearing panel shall also determine whether the facts found by it constitute a clear and immediate danger to public health. If the hearing panel determines that the facts found constitute a clear and immediate danger to public health, the order of temporary suspension must remain in effect until the Board deliberates and reaches conclusions of law based upon the findings of fact made by the hearing panel. An order of temporary suspension may not remain in effect for longer than 60 days from the date of the decision rendered by the hearing panel unless the suspended genetic counselor requests an extension of the order pending a final decision of the Board. Upon the final decision of the Board, an order of temporary suspension is vacated as a matter of law and is replaced by the disciplinary action, if any, ordered by the Board.

(f) The Council shall refer all complaints from practitioners and from the public to the Board.

(g) The Genetic Counselor Advisory Council, by the affirmative vote of 3 of its members and with the approval of the Board within 30 days of the vote, may waive the quarterly meeting requirements of this title.
24 Del. C. § 4103 — Delaware Code / Title 24 / Chapter 41 / Subchapter I / Section 4103
§ Â
        4103. Board of Home Inspectors; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.
Status: in_force

(a) There is created a State Board of Home Inspectors, which shall enforce and administer this chapter.

(b) The Board shall consist of 5 members, who are residents of this State, and are appointed by the Governor. Three of the 5 members shall be licensed home inspectors, 1 of which shall be a certified HUD inspector, engaged primarily in the home inspection business. The initial members of the Board required to be licensed home inspectors shall be given a reasonable amount of time after their appointment to the Board to become licensed home inspectors pursuant to the licensure requirements set forth in this chapter. Two of the 5 members shall be public members. A public member shall not be, nor ever have been, a home inspector nor a member of the immediate family of a home inspector; shall not have been employed by a home inspector or a company engaged in the practice of home inspection; shall not have a material interest in the providing of goods and services to home inspectors; nor have been engaged in an activity directly related to home inspection.

(c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may succeed himself or herself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the member shall remain eligible to participate in board proceedings unless and until replaced by the Governor.

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

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

(f) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, 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 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 home inspectors; this includes a prohibition against serving as head of the professional association’s political action committee (PAC).

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

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

(j) Each member of the Board shall be 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. § 1824 — Delaware Code / Title 24 / Chapter 18 / Subchapter III / Section 1824
§ Â
        1824. Fees.
Status: in_force

The amount set by the Division for each fee imposed under this chapter must approximate and reasonably reflect the costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its services on behalf of the Board. A separate fee may be charged for each service or activity, but a fee may not be charged unless the service or activity is specified in this chapter. The application fee may not be combined with any other fee. At the beginning of each licensure biennium, the Division, or another State agency acting in its behalf, shall compute the fees for each separate service or activity for the licensure biennium.
24 Del. C. § 3515 — Delaware Code / Title 24 / Chapter 35 / Subchapter II / Section 3515
§ Â
        3515. Complaints.
Status: in_force

(a) All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735(h) of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.

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

(c) Any complaints involving allegations of unprofessional conduct or incompetence shall be investigated by the Division of Professional Regulation.
24 Del. C. § 1799V — Delaware Code / Title 24 / Chapter 17 / Subchapter XII / Section 1799V
§ Â
        1799V. Education.
Status: in_force

The following qualify as approved educational programs:

(1) A polysomnographic educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs;

(2) A respiratory care educational program that is accredited by the Commission on Accreditation for Respiratory Care and completion of the curriculum for a polysomnography certificate established and accredited by the Commission on Accreditation for Respiratory Care;

(3) An electroneurodiagnostic technologist educational program with a polysomnographic technology track that is accredited by the Commission on Accreditation of Allied Health Education Programs;

(4) An Accredited Sleep Technologist Educational Program (A-STEP) that is accredited by the American Academy of Sleep Medicine; or

(5) Any other educational program incorporating both formal instruction and supervised clinical practice as recommended by the Council and approved by the Board.
24 Del. C. § 501 — Delaware Code / Title 24 / Chapter 5 / Subchapter I / Section 501
§ Â
        501. Objectives.
Status: in_force

The primary objective of the Board of Podiatry, 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 that tend to reduce competition or fix the price of services rendered.

The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence, shall monitor complaints brought against practitioners regulated by the Board, shall adjudicate at formal hearings, shall promulgate rules and regulations, and shall impose sanctions where necessary against licensed practitioners.
24 Del. C. § 5103 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5103
§ Â
        5103. License requirement; applicability of chapter; exemptions.
Status: in_force

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

(b) Whenever a license to practice as a cosmetologist, barber, electrologist, or nail technician, or act as an instructor in said professions, has expired or been suspended or revoked, it shall be unlawful for the person to practice cosmetology, barbering, electrology, nail technology, or act as an instructor in said professions.

(c) This chapter shall not be construed to prohibit practice by:

(1) Persons who are licensed to practice cosmetology, barbering, electrology or nail technology in any other state, district or foreign country who, as practicing cosmetologists, barbers, electrologists or nail technicians enter this State to consult with a cosmetologist, barber, electrologist or nail technician of this State. Such consultation shall be limited to less than 30 days in any calendar year.

(2) Any student of an accredited school of cosmetology, barbering, electrology or nail technology who is receiving practical training under the personal supervision of a licensed instructor in cosmetology, barbering, electrology or nail technology.

(3) Any student who is enrolled in a work-study, student-learner, apprenticeship or similar program where the employment is an integral part of the course of study, and the employment is procured and supervised by the Delaware public school system.

(4) Any cosmetologist, barber, electrologist or nail technician, commissioned by any of the armed forces of the United States, or by the United States Public Health Service.

(5) Persons employed to demonstrate, recommend or administer cosmetic preparations, lotions, creams, makeup, perfume or hair appliances or tools intended for home use, for the purposes of effecting retail sales, if those persons neither accept payment from the consumer for that demonstration nor make the demonstration contingent upon the purchase of any product or service.

(6) Persons employed to render cosmetology or hairstyling services in the course of, and incidental to, the business or employers engaged in the theatrical, radio, television or motion picture production industries, modeling or photography.

(7) Persons authorized by the laws of this State to practice medicine and surgery, dentistry, chiropractic and similar occupations, including registered nurses, licensed practical nurses, nurses’ aides, physical therapists and physical therapy assistants, when acting within the scope of their profession or occupation.

(8) Persons engaged in the practice of hair braiding. Hair braiding does not include hair cutting, application of dyes, reactive chemicals or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair. Hair braiding may involve the use of hair extensions when the extensions are attached only by natural means.

(d) Shop license; necessity. — No person, firm, corporation, partnership or other legal entity shall operate, maintain or use premises for the offering of or rendering of any 1 or more of the services encompassed in the definition of cosmetology without first having secured a shop license from the Board.

(e) Services rendered in unlicensed shop or school; prohibition; exceptions. — No person shall offer or render any of the services encompassed within the definition of cosmetology in a place which is not licensed as a shop or school, except that a practicing licensee, duly licensed pursuant to this chapter, may render the services which that practicing licensee is licensed to offer, as long as the practicing licensee is sponsored by a licensed shop and a record of those services is maintained by that shop, on the following individuals:

(1) Patients in hospitals, nursing homes, and other licensed health care facilities;

(2) A decedent in a funeral home;

(3) An invalid or handicapped person in the person’s place of residence;

(4) Inmates or residents of institutions of the Department of Correction or the Department of Human Services;

(5) Performers or models, prior to, in anticipation of, or during a performance; or

(6) Potential consumers of cosmetic preparations, lotions, creams, makeup or perfume which are intended for home use if the application of the product is made for the purposes of effecting a retail sale and the person neither accepts payment from the consumer for the service, nor makes the provision of the service contingent upon the purchase of any product or service.
24 Del. C. § 2541 — Delaware Code / Title 24 / Chapter 25 / Subchapter V / Section 2541
§ Â
        2541. Application and fee for a permit to operate a pharmaceutical establishment [Effective until June 30, 2026].
Status: in_force

(a) The application for a permit to operate a pharmaceutical establishment must be made on a form furnished by the Board and must be accompanied by an application fee and/or permit fee established pursuant to § 2511 of this title. A separate permit is required for each location. The permit must be available for inspection by authorized persons. The Executive Secretary, jointly with the Board president, may issue a temporary, 60-day permit to operate an otherwise qualified pharmaceutical establishment while the application for a permanent permit is pending. The Board may grant 1 60-day extension of a temporary permit.

(b) An applicant may not be licensed until its key personnel submit fingerprints and other necessary information in order to obtain a report of the individuals’ entire criminal history record from the State Bureau of Identification and from the Federal Bureau of Investigation pursuant to Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C § 534). If the applicant’s key personnel do not have a criminal history record, the applicant shall cause to be submitted a statement from each agency that the agency has no record of criminal history information relating to the individual. The State Bureau of Identification shall be the intermediary for the purpose of this subsection and the Board of Pharmacy, or its designee, shall be the screening point for the receipt of the federal criminal history record. The applicant is responsible for the required fee, if any, for obtaining the records.
24 Del. C. § 1798A — Delaware Code / Title 24 / Chapter 17 / Subchapter X / Section 1798A
§ Â
        1798A. Procedure or action not described.
Status: in_force

This subchapter governs the practice of acupuncture and eastern medicine practitioners. If a procedure or action is not specifically prescribed in this 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 acupuncture and eastern medicine practitioners, the Board may, in its discretion, proceed in a manner prescribed for physicians in the practice of medicine.
24 Del. C. § 1727 — Delaware Code / Title 24 / Chapter 17 / Subchapter III / Section 1727
§ Â
        1727. Consulting physicians from other states.
Status: in_force

This chapter does not prevent a person who is certified, licensed, or otherwise authorized to practice medicine in another state or in a foreign country from engaging in a consultation with a person certified and registered to practice medicine in this State.
24 Del. C. § 2828 — Delaware Code / Title 24 / Chapter 28 / Section 2828
§ Â
        2828. Applicability of Freedom of Information Act.
Status: in_force

(a) The Association, the Council, and its committees shall each be deemed a “public body” as that term is used in the Freedom of Information Act, Chapter 100 of Title 29, and for purposes of this section only, all references to “the Council” shall be understood as referring to the Association and committees as well.

(b) In addition to the records which are not deemed public by reason of § 10002 of Title 29, the following records shall not be deemed to be public records:

(1) The application of any person to practice engineering in the State together with all records relating thereto;

(2) Records, reports, correspondence and other documents received by the Council relating to charges against any person that could lead to disciplinary action by the Council; and

(3) All examination materials and related documents.

(c) In addition to the purpose for which a public body may go into executive session pursuant to the Freedom of Information Act, the Council may conduct an executive session for the following purposes:

(1) Consideration of the application of any person for authorization to practice engineering in the State which consideration involves matters of qualification, recommendations, education, experience or testing of the applicant.

(2) Consideration of any charges which could result in disciplinary action by the Council.

(d) For purposes of this section, the term “application” shall mean any application or filing with the Council for the purpose of obtaining authorization to use the term “engineer,” licensure, a certification of authorization, or certification as an engineer intern.
24 Del. C. § 3906D — Delaware Code / Title 24 / Chapter 39D / Section 3906D
§ Â
        3906D. Authority of Interstate Compact Commission and member state licensing authorities.
Status: in_force

(a) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations, or other rules related to the practice of social work in that state, where those laws, regulations, or other rules are not inconsistent with the provisions of this Compact.

(b) Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single state license.

(c) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a member state to take adverse action against a licensee’s single state license to practice social work in that state.

(d) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a remote state to take adverse action against a licensee’s Multistate Authorization to Practice in that state.

(e) Nothing in this Compact, nor any rule of the Commission, shall be construed to limit, restrict, or in any way reduce the ability of a licensee’s home state to take adverse action against a licensee’s Multistate License based upon information provided by a remote state.
24 Del. C. § 701 — Delaware Code / Title 24 / Chapter 7 / Section 701
§ Â
        701. Chiropractic defined; limitation of chiropractic license.
Status: in_force

(a) For purposes of this chapter:

(1) “Board” means the State Board of Chiropractic.

(2) “Chiropractic” means a system of health care based on the principle that interference with the transmission of nerve impulses may cause pain or disease.

(3) “Chiropractic supportive care” means continuous, interval-based treatment that is medically necessary for patients diagnosed with chronic pain or disease, which maintains function or prevents or slows deterioration. “Chiropractic supportive care” includes treatment for patients who must resume care because the patient’s chronic pain or disease regresses or worsens after the withdrawal of treatment.

(4) “Chiropractor” or “doctor of chiropractic” or “chiropractic physician” means an individual licensed to practice chiropractic under this chapter.

(5) “Housing status” means as defined in § 204 of Title 19.

(6) “Medically necessary” means providing health-care services or products that a prudent physician would provide to a patient for the purpose of diagnosing or treating an illness, injury, disease or its symptoms in a manner that is all of the following:

a. In accordance with generally-accepted standards of chiropractic practice.

b. Consistent with the symptoms or treatment of the condition.

c. Not solely for anyone’s convenience.

(7) “Physician” means an individual who possesses a valid State of Delaware license as either of the following:

a. A doctor of chiropractic.

b. A physician, under Chapter 17 of this title.

(8) “Protective hairstyle” includes braids, locks, and twists.

(9) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.

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

(b) The practice of chiropractic includes the use of recognized diagnostic and treatment methods, as taught by chiropractic colleges or approved by the Board, and includes all of the following:

(1) Diagnosing and locating misaligned, fixated, or displaced vertebrae, including subluxation complex and other neuromusculoskeletal and soft tissue structures, using x-rays and other diagnostic test procedures.

(2) Treatment, through manipulation or adjustment of the spine and other neuromusculoskeletal and soft tissue structures.

(3) Chiropractic supportive care.

(4) The use of adjunctive procedures not otherwise prohibited by this chapter.

(c) Except as otherwise provided in this chapter, the practice of chiropractic does not include the use of any of the following:

(1) Prescription medications.

(2) Surgery.

(3) Obstetrical or gynecological examinations or treatment.

(d) Chiropractors shall perform all examinations and procedures in accordance with the protocol and procedures as taught by chiropractic colleges or approved by the Board.
24 Del. C. § 1808 — Delaware Code / Title 24 / Chapter 18 / Subchapter II / Section 1808
§ Â
        1808. Qualifications of applicant.
Status: repealed

(a) An applicant for licensure as a master plumber shall submit evidence, satisfactory to the Board, and verified by oath or affirmation, that the applicant:

(1) Has received a journeyman’s certificate issued in any state following completion of a plumbing apprenticeship program that meets or exceeds the Federal Bureau of Apprenticeship and Training Standards and, thereafter, performed plumbing services for 2 years under the supervision of a master plumber or an individual holding a similar level of licensure in another state; or has performed plumbing services for 7 years under the supervision of a master plumber or a plumber holding a similar level of licensure in another state and, thereafter, successfully completed the apprenticeship equivalency test approved by the Board and administered by a Delaware vocational-technical school;

(2) Has achieved the passing score on a written, standardized examination, designated by the Board and approved by the Division, for licensure as a Delaware master plumber after fulfilling the experience and/or training requirements of this section;

(3) Has not received any administrative penalties regarding the applicant’s practice, including, but not limited to, fines, formal reprimands, license suspension or revocation (except for license revocation for nonpayment of license renewal fees), probationary limitations, and consent agreements which contain conditions placed by a Board on the applicant’s occupational conduct or practice, including the voluntary surrender of a license, certificate, registration, or other authorization to provide plumbing services. The Board may determine after a hearing whether the imposition of a particular administrative penalty is grounds to deny licensure.

(4) Does not have an impairment related to drug or alcohol use that would limit the applicant’s ability to provide plumbing services in a manner that is not detrimental to the health, safety, or welfare of the public;

(5) Does not have any disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has previously been or is currently authorized to provide plumbing services; or have a criminal conviction record for a crime that is substantially related to providing plumbing services. After a hearing or review of documentation the Board, by an affirmative vote of a majority of the quorum, or during the time between meetings, the Board President or the President’s designee, shall waive this paragraph (a)(5) as it applies to a criminal conviction if it finds after consideration of the factors set forth in § 8735(x)(3) of Title 29 that the granting such a waiver does not create an unreasonable risk to public safety.

a.-d. [Repealed.]

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

(b) The Board may waive the requirements of paragraph (a)(3) or (5) of this section for good cause.

(c) Each applicant shall provide the information requested on the application form approved by the Board. All evidence of experience must be submitted by affidavit on forms approved by the Board. An application form may not require an applicant to submit a photograph of oneself, or information related to citizenship, place of birth, length of state residency, or personal references.

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

(e) If the Board refuses to accept, or rejects, an application and the applicant believes that the Board acted without justification, or imposed a higher or different standard to the applicant than to other applicants, or in some other unlawful manner contributed to or caused the refusal or rejection of the application, the applicant may appeal to the Superior Court.
24 Del. C. § 2927 — Delaware Code / Title 24 / Chapter 29 / Subchapter II / Section 2927
§ Â
        2927. Certain psychological impacts not material facts.
Status: in_force

(a) The fact or suspicion that a property might be or is psychologically impacted is not a material fact that must be disclosed in a real property transaction.

(b) No cause of action shall arise against an owner or landlord of real property or a licensee for failure to inquire about, make a disclosure about or release information about the fact or suspicion that such property is psychologically impacted.

(c) Except as stated in subsection (d) of this section if a customer or client makes a specific written request to the owner, landlord or licensee about the psychological impacts regarding a specific property, the owner, landlord or licensee shall answer the questions truthfully, to the best of such owner’s, landlord’s or licensee’s knowledge. The licensee shall have no duty to inquire about the psychological impacts regarding a specific property unless a customer or client, in writing, specifically requests the licensee to ask the owner or landlord for such information.

(d) The owner, landlord or licensee shall not make any disclosure concerning those psychological impacts of HIV, AIDS, or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place even if a customer or client specifically asks about such psychological impacts.
24 Del. C. § 1195 — Delaware Code / Title 24 / Chapter 11 / Subchapter V / Section 1195
§ Â
        1195. Dentist discontinuing practice or leaving state; death of a dentist; change of dentist and transfer of patient records; notification of patients.
Status: in_force

(a) Every dentist licensed to practice under this chapter who is discontinuing a practice in this State or is leaving this State and who is not transferring patient records to another dentist shall notify that dentist’s own patients of record by publishing a notice to that effect in a newspaper of daily circulation in the area where the dentist practices. The notice must be published at least 3 times over a 3-month period in advance of discontinuing the practice or leaving the State and must explain how a patient can procure that dentist’s own patient records. All patients of record who have not requested their records 30 days before the closing of the practice shall be notified by first class mail by the dentist to permit the patients to procure their records. Any patient records that have not been procured within 7 years after the dentist discontinues practice or leaves the State may be permanently disposed of in a manner that ensures the confidentiality of the records.

(b) When a dentist licensed to practice under this chapter dies and has not transferred patient records to another dentist and has not made provisions for a transfer of patient records to occur upon the dentist’s death, a personal representative of the dentist’s estate shall notify the dentist’s patients of record by publishing a notice to that effect in a newspaper of daily circulation in the area where the dentist practiced. The notice must be published at least 3 times over a 3-month period after the dentist’s death and must explain how a patient can procure patient records. All patients of record who have not requested their records 30 days after publication shall be notified by first class mail by the personal representative of the estate to permit patients to procure their records. Any patient records that have not been procured within 7 years after the death of the dentist may be permanently disposed of in a manner that ensures confidentiality of the records.

(c) Whenever a patient changes from the care of 1 dentist to another dentist, the prior dentist shall transfer the records of the patient to the new dentist upon the written request of either the new dentist or the patient. If a patient changes care from 1 dentist to another dentist and fails to notify the prior dentist, or leaves the care of the prior dentist for a period of 7 years from the last entry date on the patient’s record and fails to notify the prior dentist, or fails to request the transfer of records to the new dentist, then the prior dentist shall maintain said records for a period of 7 years from the last entry date in the patient’s dental record after which time the records may be permanently disposed of in a manner that ensures confidentiality of the records.

(d) This section shall not apply to a dentist who has seen or treated a patient on referral from another dentist and who has provided a record of the diagnosis or treatment to another dentist, hospital or agency which has provided treatment for the patient.

(e) A dentist or the personal representative of the estate of a dentist who disposes of patient records in accordance with the provisions of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient’s records.
24 Del. C. § 2505 — Delaware Code / Title 24 / Chapter 25 / Subchapter I / Section 2505
§ Â
        2505. Records [Effective until June 30, 2026].
Status: in_force

The Executive Secretary shall keep complete records relating to meetings of the Board, examinations, rosters of licensees and permit holders, changes and additions to the Board’s rules and regulations, complaints, hearings, and other matters as the Board determines. Records kept in accord with this section are prima facie evidence of the proceedings of the Board.
24 Del. C. § 3605 — Delaware Code / Title 24 / Chapter 36 / Subchapter I / Section 3605
§ Â
        3605. Records.
Status: in_force

The Division of Professional Regulation shall keep a register of all approved applications for license as a geologist, and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board’s rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.
24 Del. C. § 1799 — Delaware Code / Title 24 / Chapter 17 / Subchapter X / Section 1799
§ Â
        1799. Fees; license renewal.
Status: in_force

The Division of Professional Regulation shall establish reasonable fees for licensing and for biennial license renewal. A licensee, when renewing a license, shall provide documentation of continuing education related to acupuncture pursuant to the continuing education requirements for acupuncture practitioners established by the Acupuncture Advisory Council.
24 Del. C. § 3323 — Delaware Code / Title 24 / Chapter 33 / Subchapter III / Section 3323
§ Â
        3323. Practicing without a license; penalties.
Status: in_force

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

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

(c) The Justice of the Peace Court has jurisdiction over a violation of this subchapter.
24 Del. C. § 1318 — Delaware Code / Title 24 / Chapter 13 / Section 1318
§ Â
        1318. Private security agency license requirements.
Status: in_force

An applicant applying for a license, to own and operate a private security agency, shall have the following qualifications:

(1) Must be at least 25 years of age;

(2) Must have at least 4 years of experience as a manager in a bona fide licensed security agency or must have at least 5 years’ investigative experience or must have been a police officer for any local, state or federal agency or the equivalent thereof who has graduated from a certified law-enforcement academy;

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

(4) Must not have been convicted of any misdemeanor involving a theft-related offense, drug offense, or moral turpitude within the last 7 years, and:

a. There are no more than 2 of such misdemeanors during such person’s lifetime; and

b. No misdemeanor conviction occurred during or as a result of employment in a capacity regulated by this chapter;

(5) Meet and maintain the qualifications set and approved by the Board of Examiners.
24 Del. C. § 1928 — Delaware Code / Title 24 / Chapter 19 / Section 1928
§ Â
        1928. Criminal background checks of registered nurses.
Status: in_force

An applicant for licensure to practice as a registered nurse shall submit, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following:

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

(2) A report of the individual’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Board of Nursing shall be the screening point for the receipt of said federal criminal history records.
24 Del. C. § 2701 — Delaware Code / Title 24 / Chapter 27 / Subchapter I / Section 2701
§ Â
        2701. Objectives.
Status: in_force

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

The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners.
24 Del. C. § 714 — Delaware Code / Title 24 / Chapter 7 / Section 714
§ Â
        714. Chiropractic practitioners subject to regulation.
Status: in_force

Chiropractic practitioners shall observe and be subject to all state and municipal regulations relating to the control of contagious and infectious diseases and any and all matters pertaining to public health, reporting to the proper health officer the same as other practitioners.
24 Del. C. § 1703A — Delaware Code / Title 24 / Chapter 17A / Section 1703A
§ Â
        1703A. Eligibility.
Status: in_force

(a) A physician must meet the eligibility requirements as defined in § 1702A(k) of this title to receive an expedited license under the terms and provisions of the Compact.

(b) A physician who does not meet the requirements of § 1702A(k) of this title may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the Compact, relating to the issuance of a license to practice medicine in that state.
24 Del. C. § 1606 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1606
§ Â
        1606. Adult entertainment license requirement.
Status: in_force

(a) No person shall engage in, carry on or participate in the operation of an adult entertainment establishment or adult-oriented retail business without first having been issued a license therefor by the Commission. Any adult entertainment establishment being operated without a license therefore is hereby declared to be a nuisance for purposes of Chapter 71 of Title 10.

(b) Whoever engages in the operation of an adult-oriented retail business in violation of this section shall be fined not more than $500 or imprisoned not more than 6 months, or both.

(c) Any person, and in the case of corporation this shall include its principal stockholders, board of directors, officers and persons engaged in the management of such establishment, who shall engage in, carry on or participate in the operation of an adult entertainment establishment in violation of this section shall be fined not more than $10,000 and imprisoned not more than 6 months, or both.

(d) A certificate, certified by a member of the Commission, that a diligent search of the Commission’s records, those pertaining to licenses kept in conformity with this chapter, has failed to disclose the existence of a valid license for an adult entertainment establishment or adult-oriented retail establishment in question shall be prima facie evidence of a violation of this section.
24 Del. C. § 1799E — Delaware Code / Title 24 / Chapter 17 / Subchapter X / Section 1799E
§ Â
        1799E. Prohibited acts; penalties; enforcement.
Status: in_force

(a) No person in this State shall use the title “licensed acupuncturist” or “L. Ac.,” or use in connection with that person’s name any letters, words or symbols indicating or implying that the person is a licensed acupuncturist, or advertise services under the description of “licensed acupuncturist”, unless that person holds a license as an acupuncturist issued pursuant to this subchapter. Nothing in this subsection shall be construed to prevent a person from providing care or performing or advertising services within the scope of that person’s license.

(b) No person in this State shall use the title “eastern medicine practitioner” or use in connection with that person’s name any letters, words, or symbols indicating or implying that the person is a licensed eastern medicine practitioner, or advertise services under the description of “licensed eastern medicine practitioner,” unless that person holds a license issued pursuant to this subchapter. Nothing in this subsection shall be construed to prevent a person from providing care or performing or advertising services within the scope of that person’s license.

(c) A person who, contrary to the provisions of this subchapter, practices or attempts to practice acupuncture within the State or represents that the person is an acupuncture practitioner or knowingly allows himself or herself to be represented as an acupuncture practitioner shall be fined not less than $500 nor more than $2,000 or imprisoned not more than 1 year, or both.

(d) The Office of the Attorney General is charged with the enforcement of this subchapter.
24 Del. C. § 102 — Delaware Code / Title 24 / Chapter 1 / Section 102
§ Â
        102. Definitions [Effective July 1, 2026].
Status: in_force

The following definitions shall apply, unless the definition is inappropriate for the context:

(1) “AICPA” means the American Institute of Certified Public Accountants.

(2) “Attest” means providing the following services:

a. Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS);

b. Any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS);

c. Any examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE);

d. Any engagement to be performed in accordance with the standards of the PCAOB; and

e. Any examination, review, or agreed upon procedures engagement to be performed in accordance with the SSAE, other than an examination described in paragraph (2)c. of this section.

(3) “Board” means the Delaware State Board of Accountancy.

(4) “Certificate” means a certificate of “certified public accountant” issued by the Board pursuant to this chapter or the prior law of this State, or a corresponding certificate of certified public accountancy issued after examination under the law of any other state.

(5) “Certified public accountant” means the holder of a permit to practice certified public accountancy.

(6) “Certified public accounting” or “the practice of certified public accountancy” means the performance, or offer to perform, for a client or a potential client, by a person or firm holding itself out to the public as a CPA permit holder, of 1 or more kinds of services involving the use of accounting or auditing skills, including the issuance of reports or financial statements, or of 1 or more kinds of management advisory, financial advisory or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters.

(7) “Client” means a person or entity that agrees with a permit holder or permit holder’s employer to receive any professional service.

(8) “Compilation” means providing a service to be performed in accordance with, and as defined by, Statements on Standards for Accounting and Review Services (SSARS).

(9) “Division” means the State of Delaware Division of Professional Regulation.

(10) “Firm” means a sole proprietorship, partnership, corporation or any other entity authorized under Delaware law or a similar statute of another state.

(11) “Licensee” means an individual or firm licensed under this title or under corresponding law in another jurisdiction.

(12) “NASBA” means the National Association of State Boards of Accountancy.

(13) “Nonpublic entity” means an entity other than one whose securities trade in a public market either on a stock exchange (domestic or foreign) or in the over-the-counter market, including securities quoted only locally or regionally, or an entity that makes a filing with a regulatory agency in preparation for the sale of any of its securities in a public market.

(14) “PCAOB” means the Public Company Accounting Oversight Board.

(15) “Peer review” means a board-approved study, appraisal, or review of 1 or more aspects of the attest and compilation services rendered by an individual or firm permit holder performed by a person or persons who hold Delaware permits or are duly licensed in another jurisdiction and who are not affiliated with the individual or firm permit holder being reviewed.

(16) “Permit” or “permit to practice” means a permit issued by the Board to practice either public accountancy or certified public accountancy.

(17) “Principal place of business” means the office location designated by the licensee.

(18) “Public accountant” means the holder of a permit to practice public accountancy.

(19) “Public accounting” or “practice of public accountancy” means the performance, or offer to perform, for a client or a potential client, by a person or firm holding itself out to the public as a permit holder, of 1 or more kinds of services involving the use of accounting or auditing skills, including the issuance of reports or financial statements, or of 1 or more kinds of management advisory, financial advisory or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters.

(20) “Regulation” means any rule or regulation duly adopted by the Board.

(21) “Report” when used with reference to any attest or compilation service, means an opinion, report, or other form of language that states or implies assurance as to the reliability of the attested information or compiled financial statements and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing. Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor, or from the language of the report itself. The term “report” includes any form of language which disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to and/or special competence on the part of the person or firm issuing such language; and it includes any other form of language that is conventionally understood to imply such assurance and/or such special knowledge or competence.

(22) “State” means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, the Commonwealth of the Northern Mariana Islands, and Guam; except that “this State” means the State of Delaware.

(23) “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 accountancy.o are not affiliated with the individual or firm permit holder being reviewed.

(16) “Permit” or “permit to practice” means a permit issued by the Board to practice either public accountancy or certified public accountancy.

(17) “Principal place of business” means the office location designated by the licensee.

(18) “Public accountant” means the holder of a permit to practice public accountancy.

(19) “Public accounting” or “practice of public accountancy” means the performance, or offer to perform, for a client or a potential client, by a person or firm holding itself out to the public as a permit holder, of 1 or more kinds of services involving the use of accounting or auditing skills, including the issuance of reports or financial statements, or of 1 or more kinds of management advisory, financial advisory or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters.

(20) “Regulation” means any rule or regulation duly adopted by the Board.

(21) “Report” when used with reference to any attest or compilation service, means an opinion, report, or other form of language that states or implies assurance as to the reliability of the attested information or compiled financial statements and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing. Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor, or from the language of the report itself. The term “report” includes any form of language which disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to and/or special competence on the part of the person or firm issuing such language; and it includes any other form of language that is conventionally understood to imply such assurance and/or such special knowledge or competence.

(22) “State” means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, the Commonwealth of the Northern Mariana Islands, and Guam; except that “this State” means the State of Delaware.

(23) “Substantial equivalency” is a determination by the Board of Accountancy or its designee that the education, examination and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to, or exceed the education, examination and experience requirements contained in the Uniform Accountancy Act or that an individual CPA’s education, examination and experience qualifications are comparable to or exceed the education, examination and experience requirements contained in the Uniform Accountancy Act. In ascertaining substantial equivalency as used in this act the Board shall take into account the qualifications without regard to the sequence in which experience, education or examination requirements were attained.

(24) “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 accountancy.
24 Del. C. § 2925 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2925
§ Â
        2925. Enforcement.
Status: in_force

The Commission may report an individual for violation of this chapter before any court of competent jurisdiction and it may take the necessary legal steps for the proper legal officers of this State to enforce this chapter and collect the penalties provided in this chapter.
24 Del. C. § 518A — Delaware Code / Title 24 / Chapter 5 / Subchapter II / Section 518A
§ Â
        518A. Prescription requirements.
Status: in_force

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

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

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

(3) The quantity of the drug prescribed;

(4) The directions for use of the drug;

(5) Date of issue.

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

(1) By a veterinarian.

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

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

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

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

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

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

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

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

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

(c) A pharmacist who receives a written, oral or faxed prescription is not required to verify that the prescription properly falls under 1 of the exceptions under subsection (b) of this section, from the requirement to electronically prescribe. Pharmacists may continue to dispense medications from otherwise valid written, oral or fax prescriptions that are otherwise legal.
24 Del. C. § 2915 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2915
§ Â
        2915. Temporary suspension pending hearing.
Status: in_force

(a) 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, welfare or safety, the Commission may temporarily suspend the licensee’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Commission Chairperson or the Commission Chairperson’s designee. An order temporarily suspending a license may not be issued unless the licensee or the licensee’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the licensee or the licensee’s attorney can file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended licensee requests a continuance of the hearing date. If the temporarily suspended licensee requests a continuance, the order of temporary suspension remains in effect until the Commission convenes and a decision is rendered.

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

(c) A licensee whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Commission shall schedule the hearing on an expedited basis, provided that the Commission receives the request within 5 calendar days from the date on which the licensee received notification of the decision to temporarily suspend the license.

(d) The case may be heard by the Commission, a hearing officer or a hearing panel, nominated pursuant to the Administrative Procedure Act, § 10161(d)-(f) of Title 29.

(e) After notice to the licensee pursuant to subsection (b) of this section, the Commission, or the hearing officer or the hearing panel, shall convene within 60 days of the date of the issuance of the order of temporary suspension to consider the evidence regarding the matters alleged in the complaint. If the licensee requests in a timely manner an expedited hearing, the Commission, or the hearing officer or hearing panel, shall convene within 15 days of the receipt of the request by the Commission. The Commission, or hearing officer or hearing panel, shall proceed to a hearing in accordance with the Administrative Procedure Act, Chapter 101 of Title 29, and shall render a decision within 30 days of the hearing.

(f) An order of temporary suspension may not remain in effect for longer than 60 days from the date of the decision rendered by the Commission unless the suspended licensee requests an extension of the order pending a final decision of the Commission. Upon the final decision of the Commission, an order of temporary suspension is vacated as a matter of law and is replaced by the disciplinary action, if any, ordered by the Commission.
24 Del. C. § 2509 — Delaware Code / Title 24 / Chapter 25 / Subchapter II / Section 2509
§ Â
        2509. Examination [Effective until June 30, 2026].
Status: in_force

(a) The Board shall adopt the administration, grading procedures, and passing score of the North American Pharmacist Licensure Examination (NAPLEX) and the Multistate Pharmacy Jurisprudence Examination (MPJE) or of comparable alternative national examinations.

(b) The Board shall determine in its rules and regulations the frequency and conditions under which a candidate may retest after a failure.
24 Del. C. § 2718 — Delaware Code / Title 24 / Chapter 27 / Subchapter III / Section 2718
§ Â
        2718. Applicability of chapter.
Status: in_force

Nothing in this chapter shall be construed as preventing or restricting the practice, services, or activities of:

(1) Any person or persons licensed to practice engineering or architecture in Delaware;

(2) Any person or persons engaged solely in the teaching of land surveying or courses related to land surveying;

(3) Any employee of the United States government while engaged in the practice of land surveying for said government within this State;

(4) Any person or persons engaged in the practice of land surveying under the direct supervision of a professional land surveyor who is licensed in this State and who assumes responsibility for the activities of the unlicensed person or persons.
24 Del. C. § 2705 — Delaware Code / Title 24 / Chapter 27 / Subchapter I / Section 2705
§ Â
        2705. Records.
Status: in_force

The Division of Professional Regulation shall keep a register of all approved applications for license as a land surveyor and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board’s rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.
24 Del. C. § 2007A — Delaware Code / Title 24 / Chapter 20A / Section 2007A
§ Â
        2007A. Active duty military personnel or their spouses.
Status: in_force

(a) Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state or through the process described in § 2006A of this title.
24 Del. C. § 3903 — Delaware Code / Title 24 / Chapter 39 / Section 3903
§ Â
        3903. License required.
Status: in_force

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

(1) Engage in the practice of social work.

(2) Hold the individual out to the public in this State as being qualified to practice social work.

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

(b) It is unlawful for an individual to practice social work in this State if the individual’s license to practice social work is expired, suspended, or revoked.

(c) Exemptions.

(1) This chapter does not apply to an individual who meets any of the following criteria:

a. Is licensed in good standing to practice social work in another jurisdiction, provided that the individual has made prior written application to the Board to practice social work in this State and the Board has approved the application. An individual may practice social work, within the scope of practice designated by the individual’s license, in this State under this subsection for no more than 30 days per year. An individual who provides services under this subsection is deemed to have submitted to the Board’s jurisdiction and bound by the laws of this State.

b. Is certified or licensed in this State by any other law, and is engaged in and acting within the scope of the profession or occupation for which the individual is certified or licensed.

c. Is clergy of any denomination, when engaging in activities that are within the scope of the performance of that individual’s regular or specialized ministerial duties.

d. Performs assessments such as basic information collection, gathering of demographic data, and informal observations, screening, and referral to determine a client’s general eligibility for a program or service and a client’s functional status for the purpose of determining need for services unrelated to a behavioral health diagnosis or treatment plan.

e. Creates, develops, or implements a service plan unrelated to a behavioral health diagnosis or treatment plan. Service plans may include job training and employability, housing, general public assistance, in-home services and supports or home-delivered meals, de-escalation techniques, peer services, or skill development.

f. Participates as a member of a multi-disciplinary team to implement behavioral health services or a treatment plan, provided that all of the following conditions are met:

1. The team includes 1 or more health-care professionals licensed under this title.

2. The activities that each team member performs are consistent with the scope of practice for that member’s license under this title.

3. Individuals exempted under this paragraph (c)(1)f. do not engage in any of the following restricted practices:

A. Diagnosis of mental, emotional, behavioral, addictive, and developmental disorders and disabilities.

B. Client assessment and evaluation.

C. Provision of psychotherapeutic treatment.

D. Development and implementation of assessment-based treatment plans.

(2) Nothing in this subsection may be construed as requiring a license for any particular activity or function solely because the activity or function is not listed in this subsection.

(3) Licensure of social workers employed on June 11, 2019, by a state agency or private or nonprofit agency is voluntary. However, an individual who is newly employed or employed in a new position by a state agency or private or nonprofit agency on or after June 11, 2024, must be licensed under this chapter if the individual provides services as a social worker. Individuals to whom this paragraph applies and who choose to seek licensure must do so under the grandfathering provisions of § 3907B of this title.
24 Del. C. § 6001 — Delaware Code / Title 24 / Chapter 60 / Section 6001
§ Â
        6001. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Distant site” means a site at which a health-care provider legally allowed to practice in Delaware is located while providing health-care services by means of telemedicine.

(2) “Health-care provider” means any person authorized to deliver clinical health-care services by telemedicine and participate in telehealth pursuant to this chapter and regulations promulgated by the respective professional boards listed in § 6002 of this title.

(3) “Originating site” means a site in Delaware at which a patient is located at the time health-care services are provided to the patient by means of telemedicine or telehealth. Notwithstanding any other provision of law, insurers and providers may agree to alternative siting arrangements deemed appropriate by the parties.

(4) “Store and forward transfer” means the synchronous or asychronous transmission of a patient’s medical information either to or from an originating site or to or from the provider at the distant site, but does not require the patient being present nor must it be in real time.

(5) “Telehealth” means the use of information and communications technologies consisting of telephones, remote patient monitoring devices or other electronic means which support clinical health care, provider consultation, patient and professional health-related education, public health, health administration, and other services as described in regulation.

(6) “Telemedicine” means a form, or subset, of telehealth, which includes the delivery of clinical health-care services by means of real time 2-way audio (including audio-only conversations, if the patient is not able to access the appropriate broadband service or other technology necessary to establish an audio and visual connection), visual, or other telecommunications or electronic communications, including the application of secure video conferencing or store and forward transfer technology to provide or support health-care delivery, which facilitates the assessment, diagnosis, consultation, treatment, education, care management and self-management of a patient’s health care.
24 Del. C. § 2614 — Delaware Code / Title 24 / Chapter 26 / Section 2614
§ Â
        2614. Use of professional title.
Status: in_force

(a) Any person who holds a license pursuant to this chapter as a physical therapist may use the word “physical therapist” or the letters “PT” in connection with the person’s name or place of business to denote licensure hereunder. Any person who holds a license pursuant to this chapter as a physical therapist assistant may use the words “physical therapist assistant” and may use the letters “PTA” in connection with the person’s name to denote licensure hereunder.

(b) Any person who holds a license pursuant to this chapter as an athletic trainer may use the words “licensed athletic trainer” and may use the letters “LAT” in connection with the person’s name to denote licensure hereunder.
24 Del. C. § 3312 — Delaware Code / Title 24 / Chapter 33 / Subchapter I / Section 3312
§ Â
        3312. Reinstatement of a suspended license; removal from probationary status.
Status: repealed

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

(b) 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.

(c) [Repealed.]
24 Del. C. § 1799Y — Delaware Code / Title 24 / Chapter 17 / Subchapter XII / Section 1799Y
§ Â
        1799Y. Endorsement.
Status: in_force

An applicant for licensure by endorsement must possess a current license in a state which has licensing requirements substantially similar to or exceeding the requirements of this subchapter, and there may not be any outstanding or unresolved complaints against the applicant.
24 Del. C. § 3710A — Delaware Code / Title 24 / Chapter 37A / Section 3710A
§ Â
        3710A. Data system.
Status: in_force

(a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.

(b) 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 or compact privilege.

(4) Nonconfidential information related to alternative program participation.

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

(6) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.

(c) Investigative information pertaining to a licensee in any member state shall only be available to other member states.

(d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.

(e) 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.

(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
24 Del. C. § 1731 — Delaware Code / Title 24 / Chapter 17 / Subchapter IV / Section 1731
§ Â
        1731. Unprofessional conduct and inability to practice medicine.
Status: repealed

(a) A person to whom a certificate to practice medicine in this State has been issued may be disciplined by the Board for unprofessional conduct, as defined in subsection (b) of this section, by means of levying a fine, or by the restriction, suspension, or revocation, either permanent or temporary, of that person’s certificate to practice medicine, or by other appropriate action, which may include a requirement that a person who is disciplined must complete specified continuing education courses. The Board shall permanently revoke the certificate to practice medicine in this State of a person who is convicted of a felony sexual offense.

(b) “Unprofessional conduct” includes any of the following acts or omissions:

(1) The use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest, or unethical practice in connection with a certification, registration, or licensing requirement of this chapter, or in connection with the practice of medicine or other profession or occupation regulated under this chapter;

(2) Conduct that would constitute a crime substantially related to the practice of medicine;

(3) Any dishonorable, unethical, or other conduct likely to deceive, defraud, or harm the public;

(4) The practice of medicine or other profession or occupation regulated under this chapter under a false or assumed name;

(5) The practice of medicine or other profession or occupation regulated under this chapter without a certificate or other authorizing document or renewal of such document, unless otherwise authorized by this chapter;

(6) The use, distribution, or issuance of a prescription for a dangerous or narcotic drug, other than for therapeutic or diagnostic purposes;

(7) Advertising of the practice of medicine or other profession or occupation regulated under this chapter in an unethical or unprofessional manner;

(8) Solicitation or acceptance of a fee from a patient or other person by fraudulent representation that a manifestly incurable condition, as determined with reasonable medical certainty, can be permanently cured;

(9) Knowing or intentional performance of an act which, unless authorized by this chapter, assists an unauthorized person to practice medicine or other profession or occupation regulated under this chapter;

(10) The failure to provide adequate supervision to an individual working under the supervision of a person who is certified and registered to practice medicine;

(11) Misconduct, including but not limited to sexual misconduct, incompetence, or gross negligence or pattern of negligence in the practice of medicine or other profession or occupation regulated under this chapter;

(12) Wilful violation of the confidential relationship with or confidential communications of a patient;

(13) Wilful failure to report to the Board as required by § 1730(a) of this title;

(14) Wilful failure to report to the Board as required by § 1730(b) of this title;

(15) Wilful failure to report to the Board as required by § 1730(c) of this title;

(16) Unjustified failure upon request to divulge information relevant to the authorization or competence of a person to practice medicine or other profession or occupation regulated under this chapter to the Board, to any committee thereof, to the Executive Director, or to anyone designated by the Executive Director to request such information;

(17) The violation of a provision of this chapter or the violation of an order or regulation of the Board related to medical procedures or to the procedures of other professions or occupations regulated under this chapter, the violation of which more probably than not will harm or injure the public or an individual;

(18) Charging a grossly exorbitant fee for professional or occupational services rendered;

(19) Suspension or revocation of a certificate to practice medicine or of the authorizing document to practice another profession or occupation regulated under this chapter, or other disciplinary action taken by the regulatory authority in another state or territory. In making its determination, the Board may rely upon decisions made by the appropriate authorities in other states and may not permit a collateral attack on those decisions;

(20) Signing the death certificate of a person prior to the actual time of death of the person;

(21) A violation of §1764A of this title;

(22) Wilful failure to report to the Board when required by §1731A of this title;

(23) Wilful failure to comply with §1769B of this title;

(24) Engaging in conversion therapy with a child; and

(25) Referring a child to a provider in another jurisdiction to receive conversion therapy.

(26) “Unprofessional conduct” under this subsection does not include the performance, recommendation, or provision of any healthcare service that is lawful in this State even if such performance, recommendation, or provision is for a person who resides in a state where such performance, recommendation, or provision is illegal or considered to be unprofessional conduct or the unauthorized practice of medicine.

(c) A certificate to practice medicine is subject to restriction, suspension, or revocation, either temporarily or permanently, in case of the inability of a physician to practice medicine with reasonable skill or safety to patients by reason of a mental or physical disability or serious health condition that prevents the physician’s ability to practice medicine in a fully competent and professional manner with reasonable skill and safety to patients. For purposes of this section, a mental or physical disability or serious health condition does not prevent a physician’s ability to practice medicine with reasonable skill and safety when the condition is reduced or ameliorated because of ongoing treatment, with or without medication, or participation in a monitoring program or because of the field of practice, the setting, or the manner of the physician’s current medical practice.

(1)-(3) [Repealed.]

(d) The Board may establish, by class and not by individual, requirements for continuing education and/or reexamination as a condition for renewal of registration and for recertification to practice medicine or other profession or occupation regulated under this chapter, or as a condition to continue to practice medicine or other profession or occupation regulated under this chapter after disciplinary sanctions are imposed or after inability to practice with reasonable skill or safety to patients has been determined.

(e) A person who files a complaint with the Board or any of its members, the Executive Director, or the Division, or who provides information to the Board or any of its members, the Executive Director, or the Division regarding a complaint, or who testifies as a witness at a hearing before the Board or any of its hearing panels or committees concerning unprofessional conduct by a person certified to practice medicine or other profession or occupation regulated under this chapter in this State or concerning the inability of a person certified to practice medicine or other profession or occupation regulated under this chapter for the reasons set forth in subsection (c) of this section, may not be held liable in any cause of action arising out of the filing of the complaint, the providing of information, or the giving of testimony, provided that the person does so in good faith and without gross or wanton negligence.

(f) The provisions of this section apply to any person to whom a certificate, license, or other authorizing document to practice a profession or occupation has been issued pursuant to this chapter.
24 Del. C. § 3609 — Delaware Code / Title 24 / Chapter 36 / Subchapter II / Section 3609
§ Â
        3609. Reciprocity.
Status: in_force

Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure in good standing in another State, the District of Columbia, or territory of the United States; and who meets the following criteria:

(1) Has received a degree from an accredited college or university with a major in geology; or has completed 30 credit hours of geology or its subdisciplines, of which 24 credits are third or fourth year courses or graduate courses;

(2) The applicant’s license is in good standing as defined in § 3608(a)(4)-(6), of this title;

(3) Has achieved the passing score on all parts of the written, standardized examination administered by the National Association of State Boards of Geology (ASBOG), or its successor; unless at the time the applicant became licensed in the State, District of Columbia, or territory of the United States, from which the applicant is applying, the examination prepared under the authority of ASBOG, or subsequent examination or examinations prepared under the authority of ASBOG was/were not required by the State of Delaware; and

(4) Shall have practiced for a minimum of 2 years after licensure in the jurisdiction from which that applicant is applying for licensure and acquired 5 years experience, or its equivalent, in geologic work satisfactory to the Board as defined in its rules and regulations; provided however, that the applicant meets all other qualifications for reciprocity in this section.
24 Del. C. § 3502 — Delaware Code / Title 24 / Chapter 35 / Subchapter I / Section 3502
§ Â
        3502. Definitions.
Status: in_force

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

(1) “Board” shall mean the State Board of Examiners of Psychologists established in this chapter.

(2) “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:

a. 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.

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

c. 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.

(3) “Excessive use or abuse of drugs” shall mean any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs the person’s ability to perform the work of a psychologist.

(4) “Person” shall mean a corporation, company, association and partnership, as well as an individual.

(5) “Practice of psychology” shall mean the observation, description, evaluation, interpretation and modification of human behavior by the application of psychological principles, methods, and/or procedures, for the purpose of preventing or eliminating symptomatic, maladaptive or undesired behavior, and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health and mental health.

The practice of psychology includes psychological testing and the evaluation or assessment of personal characteristics, such as intelligence, personality, abilities, interests, aptitudes and neuropsychological function; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; diagnosis and treatment of mental and emotional disorder or disability, alcoholism and substance abuse, disorders of habit or conduct, as well as the psychological aspects of physical illness, accident, injury or disability; and psychoeducational evaluation, therapy, remediation, and consultation. Psychological services may be rendered to individuals, families, groups, organizations, institutions and the public.

The practice of psychology shall be construed within the meaning of this definition without regard to whether or not payment is received for services rendered.

a. “Psychological testing” shall mean, but not be limited to: Administration and interpretation of standardized intelligence and neuropsychological tests which yield an intelligence quotient and/or are the basis for a diagnosis of organic brain syndromes for the purposes of classification and/or disability determination; and

b. The administration and interpretation of psychological tests which are the basis of a diagnosis of mental or emotional disorder.

(6) “Psychological assistant” shall mean a person who is registered with the Board to perform certain functions within the practice of psychology, only under the direct supervision of a supervising psychologist, and who is authorized by the Board to use the title “psychological assistant.” The Board in its rules and regulations will specify the arrangements for supervision by the licensed psychologist.

(7) “Psychologist” shall mean a person who makes representations to the public by any title or description of services incorporating the words “psychology,” “psychological,” “psychologist,” or who engages in the practice of psychology.

(8) “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 psychology.

(9) “Supervising psychologist” shall mean a psychologist licensed in this State who has practiced as a licensed psychologist for 2 years in this or any other jurisdiction and who applies to the Board for the registration of a psychological assistant.

(10) “Supervision” shall mean the face-to-face consultation between the registered psychological assistant and the supervising psychologist as required by the nature of the work of the psychological assistant. The supervising psychologist is responsible for insuring that the extent, kind and quality of the services rendered by the psychological assistant are consistent with the person’s education, training and experience.
24 Del. C. § 1789A — Delaware Code / Title 24 / Chapter 17 / Subchapter VIII / Section 1789A
§ Â
        1789A. Notice and avoidance of liability.
Status: in_force

In any prosecution pursuant to § 1789 of this title, the State shall prove beyond a reasonable doubt that the physician (or other medically authorized person) who performed the abortion did not have a good faith belief on that physician’s part that actual notice was given by such physician (or other medically authorized person), that physician’s agent, or the referring physician or another medically authorized person to a person listed in § 1783(1) of this title as qualified to receive notice. In any civil case, the plaintiff must prove the absence of such a good faith belief by clear and convincing evidence.
24 Del. C. § 2535 — Delaware Code / Title 24 / Chapter 25 / Subchapter IV / Section 2535
§ Â
        2535. Nonresident pharmacies [Effective until June 30, 2026].
Status: in_force

(a) A pharmacy located outside the State which delivers in any manner a prescription drug to a patient in the State is a nonresident pharmacy and must obtain a permit to conduct business in this State. A nonresident pharmacy may not deliver in any manner a prescription drug to a patient in this State unless it has a permit to do so issued by the Board.

(b) If a nonresident pharmacy which has a permit issued pursuant to this section delivers in any manner a prescription drug and the prescription drug is not personally hand delivered to the patient, a written notice must be placed in the shipping container to alert the patient that:

(1) Under certain circumstances a prescription drug’s effectiveness may be affected by exposure to extremes of heat, cold, or humidity; and

(2) A local or a toll-free telephone service is available, staffed by a registered pharmacist, to answer questions about the prescription drug.
24 Del. C. § 1708A — Delaware Code / Title 24 / Chapter 17A / Section 1708A
§ Â
        1708A. Coordinated information system.
Status: in_force

(a) The Interstate Commission shall establish a database of all physicians licensed, or who have applied for licensure, under § 1705A of this title.

(b) Notwithstanding any other provision of law, member boards shall report to the Interstate Commission any public action or complaints against a licensed physician who has applied or received an expedited license through the Compact.

(c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the Interstate Commission.

(d) Member boards may report any nonpublic complaint, disciplinary, or investigatory information not required by subsection (c) to the Interstate Commission.

(e) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.

(f) All information provided to the Interstate Commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.

(g) The Interstate Commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.
24 Del. C. § 5110 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5110
§ Â
        5110. 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 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.
24 Del. C. § 1719A — Delaware Code / Title 24 / Chapter 17A / Section 1719A
§ Â
        1719A. Dispute resolution.
Status: in_force

(a) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the Compact and which may arise among member states or member boards.

(b) The Interstate Commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate.
24 Del. C. § 1633 — Delaware Code / Title 24 / Chapter 16 / Subchapter II / Section 1633
§ Â
        1633. Building standards.
Status: in_force

(a) No commercial building, structure, premises, part thereof or facilities therein, shall be so constructed, used, designed or operated for the purpose of engaging in, or permitting persons to engage in, sexual activities which include high-risk sexual conduct.

(b) No person shall own, operate, manage, rent, lease or exercise control over any commercial building, structure, premises or portion or part thereof, which contains:

(1) Partitions between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partition; or

(2) Booths, stalls, or partitioned portions of a room or individual rooms, used for the viewing of motion pictures or other forms of entertainment, having doors, curtains or portal partitions, unless such booths, stalls, partitioned portions of a room or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in adjacent public rooms. Such areas shall be lighted in a manner that the persons in the areas used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment.

(c) The standards set forth in this section shall not apply to buildings, structures and premises which are lawfully operating as hotels, motels, apartment complexes, condominiums or rooming houses.
24 Del. C. § 719 — Delaware Code / Title 24 / Chapter 7 / Section 719
§ Â
        719. Treatment or examination of minors.
Status: in_force

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

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

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

(d) The person licensed under this chapter that provides outpatient treatment to a minor pursuant to this section shall, contemporaneously with such treatment, note in the child’s medical record the name of each person present when such treatment is being provided.
24 Del. C. § 1913 — Delaware Code / Title 24 / Chapter 19 / Section 1913
§ Â
        1913. Registered nurses licensed under previous law.
Status: in_force

(a) Any person holding a license to practice nursing as a registered nurse that is valid on July 1, 1983, shall be deemed to be licensed as a registered nurse under this chapter and shall be eligible for renewal of such license under the conditions and standards prescribed by § 1918 of this title.

(b) Any person eligible for reactivation or reinstatement of a license to practice nursing as a registered nurse in this state on or after July 1, 1983, shall be deemed to be eligible to be licensed as a registered nurse under this chapter and shall be eligible for renewal of such license under the conditions and standards prescribed by § 1918 of this title.

(c) Any person whose license to practice nursing as a registered nurse has lapsed in this State on or after July 1, 1983, because of failure to renew may become licensed as a registered nurse under this chapter by applying for reinstatement according to the rules and regulations established by the Board of Nursing.

(d) Any person who was licensed to practice nursing as a registered nurse and who had requested to be placed on inactive status in this State on or after July 1, 1983, may become licensed as a registered nurse under this chapter by applying for reactivation according to the rules and regulations established by the Board of Nursing.
24 Del. C. § 3119 — Delaware Code / Title 24 / Chapter 31 / Subchapter III / Section 3119
§ Â
        3119. Interference with free choice of funeral establishment; operating mortuary in cemetery; accepting fees from cemeteries [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

A person licensed for the practice of funeral services, or any person acting on behalf of the licensee, may not do any of the following:

(1) Take part in any transaction or business which in any way interferes with the freedom of choice of the general public to choose a funeral establishment, except where the body or a part thereof is given for anatomical purposes.

(2) Operate a mortuary or funeral establishment located within the confines of, or connected with, any cemetery.

(3) Receive or accept any commission, fee, remuneration, or benefit of any kind from any cemetery, mausoleum, crematory, or natural organic reduction facility, or from any proprietor or agent thereof, in connection with the sale or transfer of any cemetery lot, entombment vault, burial privilege, cremation, or natural organic reduction, nor act, directly or indirectly, as a broker or jobber of any cemetery property or interest therein.
24 Del. C. § 1786 — Delaware Code / Title 24 / Chapter 17 / Subchapter VIII / Section 1786
§ Â
        1786. Coercion prohibited.
Status: in_force

No parent, guardian, or other person shall coerce a minor to undergo an abortion or to continue a pregnancy. Any minor who is threatened with such coercion may apply to a court of competent jurisdiction for relief. The court shall provide the minor with counsel, give the matter expedited consideration, and grant such relief as may be necessary to prevent such coercion. Should a minor be denied the financial support of her parents or legal guardian by reason of her refusal to undergo abortion or to continue a pregnancy, she shall be considered emancipated for purposes of eligibility for assistance benefits.
24 Del. C. § 2608 — Delaware Code / Title 24 / Chapter 26 / Section 2608
§ Â
        2608. Examination.
Status: in_force

The Board, in its rules and regulations, shall designate the national examinations for licensure as a physical therapist, physical therapist assistant, or athletic trainer.
24 Del. C. § 5109 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5109
§ Â
        5109. Reciprocity.
Status: in_force

(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States whose standards for licensure are substantially similar to those of this State. An individual with a license from a state with less stringent requirements than those of this State may obtain a license through reciprocity if the individual can prove to the satisfaction of the Board that the individual has worked in another jurisdiction or jurisdictions in the field for which the individual is seeking a license in Delaware for a period of 1 continuous year out of the last 5 years immediately preceding application in this State. The 1 continuous year must be work experience obtained while the individual was holding a license in the same field for which the individual is seeking a license. All applicants shall submit evidence verified by oath that, in all states in which the applicant is or was licensed, the applicant’s license is in good standing as defined in § 5107(a)(4), (5), (6), (7) and (8) of this title.

(b) An applicant who took the applicable written examination in a language other than the English language shall demonstrate the ability to communicate in the English language as determined by board rules and regulations.
24 Del. C. § 6104 — Delaware Code / Title 24 / Chapter 61 / Section 6104
§ Â
        6104. Organization; meetings; officers; quorum.
Status: in_force

(a) The Board shall hold regularly-scheduled business meetings at least once in each quarter of a calendar year, and at such other times as the president deems necessary or as requested by a majority of the Board.

(b) The Board annually shall elect a president and vice-president. Each officer will serve for 1 year and may not succeed one’s self for more than 2 consecutive terms.

(c) A majority of the members shall constitute a quorum for the purpose of transacting business.

(d) Minutes of all meetings must be recorded and the Division must maintain copies of the minutes. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared will be made. The person requesting the transcript will incur the cost of preparing any transcript.
24 Del. C. § 2112 — Delaware Code / Title 24 / Chapter 21 / Section 2112
§ Â
        2112. Issuance and renewal of licenses.
Status: in_force

The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as an optometrist and who pays the fee established under § 2105 of this title.

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

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

An optometrist currently holding an active diagnostic license may not utilize therapeutic pharmaceutical agents or perform procedures that require subsequent treatment with therapeutic pharmaceutical agents. An optometrist holding an active diagnostic license may renew such license under the terms determined by the Board in the rules and regulations.

The 6-month internship for Delaware optometric licensure may not be completed under the supervision of a diagnostic optometrist.

A diagnostically-licensed optometrist may convert to an unrestricted license by completing the requirements set forth in the rules and regulations.

A lapsed diagnostic license may not be reactivated.
24 Del. C. § 207 — Delaware Code / Title 24 / Chapter 2 / Section 207
§ Â
        207. Examination.
Status: in_force

(a) The Board shall, in the same month of each year, or at such times as are determined by the testing service, administer the uniform national examination, prepared and graded by the National Council of Landscape Architectural Registration Boards or such portions of the uniform national examination as it deems necessary. Such written examination shall be obtained from, and corrected by, the National Council of Landscape Architectural Registration Boards, or similar national testing service. Where an applicant has failed to pass the examination, but has successfully completed or passed certain portions or sections which the applicant previously failed, the applicant shall be permitted to retake only those certain portions or sections of the examination the applicant has failed, if the testing service permits such partial examination. In the event the applicant fails the second time to successfully complete or pass the examination, the Board may require that such applicant again take the complete examination.

(b) In the event an applicant has already taken and passed the uniform national examination, the certificate from the National Council of Landscape Architectural Registration Boards acknowledging same shall be accepted, and no further state examination shall be necessary.
24 Del. C. § 1229 — Delaware Code / Title 24 / Chapter 12 / Subchapter II / Section 1229
§ Â
        1229. Civil penalties and appeals [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

(a) Summons and notice of violation. —

A summons for payment of a violation of this subchapter may be executed by mailing such summons to the security alarm system user at the address where the security alarm system is located.

(b) Payment. —

Persons electing to pay a civil penalty shall make payments to the entity designated on the summons for payment. Procedure for payment under this section shall be by regulation of the Department of Safety and Homeland Security, or by regulation, code or ordinance of the applicable municipality or county.

(c) Procedure to contest a violation. —

A security alarm system user receiving a summons pursuant to this subchapter may request a hearing to contest the violation by notifying, in writing, the entity designated on the summons within 30 days of the date of the mailing of the summons. Upon receipt of a timely request for a hearing, an administrative hearing shall be scheduled pursuant to regulations set forth by the Department of Safety and Homeland Security and the security alarm system user shall be notified of the hearing date by first class mail. The hearing may be informal and shall be held in accordance with the regulations of the Department of Safety and Homeland Security. Costs for such hearing shall not be assessed against the prevailing party.

(d) Appeal of administrative hearing. —

Either party may elect to appeal an administrative decision to the Justice of the Peace Court, which shall have exclusive jurisdiction to hear the appeal. An appeal to the Justice of the Peace Court shall be the final right of appeal.

(e) Failure to pay and successfully contest the violation. —

If the security alarm system user fails to pay the civil penalty, to respond to the summons within the time specified on the summons, and/or to successfully contest the civil penalty, the Department of Safety and Homeland Security, or its designee, may establish procedures for the collection of these civil penalties, and may enforce the civil penalty by civil action in the Justice of the Peace Court, including seeking judgment and execution on a judgment against the security alarm system user.
24 Del. C. § 307 — Delaware Code / Title 24 / Chapter 3 / Section 307
§ Â
        307. Application procedures.
Status: repealed

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

(1) The applicant shall hold a National Architectural Accrediting Board (NAAB) accredited professional degree in architecture or shall have completed such other education as the Board deems equivalent. The Board shall adopt accreditation decisions of the NAAB and shall adopt regulations governing education or continuing education published from time to time by the National Council of Architectural Registration Boards;

(2) The applicant shall have completed practical training in architectural work acceptable to the Board.

(b) Each applicant shall provide such information as may be required on an application form designed and furnished by the Board.

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

(1) Been convicted of committing a crime that is substantially related to the practice of architecture; if however, after considering the factors set forth in § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board shall, by an affirmative vote of a majority of the quorum, waive this paragraph (c)(1);

a.-d. [Repealed.]

(2) Misstated or misrepresented a fact in connection with an application;

(3) Been found guilty of a violation of any of the Requirements for Business and Professional Conduct required of architects and as set forth in statutes or regulations;

(4) Practiced architecture without being registered in violation of the registration laws of Delaware. Notwithstanding such a finding, the Board may allow registration of such applicant if the applicant presents to the Board suitable evidence of reform.

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

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

(f) [Repealed.]
24 Del. C. § 1712B — Delaware Code / Title 24 / Chapter 17B / Section 1712B
§ Â
        1712B. Date of implementation of the PA Licensure Compact Commission.
Status: in_force

(a) This Compact shall come into effect on the date on which this Compact statute is enacted into law in the seventh participating state.

(1) On or after the effective date of the Compact, the Commission shall convene and review the enactment of each of the states that enacted the Compact prior to the Commission convening (“charter participating states”) to determine if the statute enacted by each such charter participating state is materially different from the Model Compact.

a. A charter participating state whose enactment is found to be materially different from the Model Compact shall be entitled to the default process set forth in § 1711B(b) of this title.

b. If any participating state later withdraws from the Compact or its participation is terminated, the Commission shall remain in existence and the Compact shall remain in effect even if the number of participating states should be less than 7. Participating states enacting the Compact subsequent to the Commission convening shall be subject to the process set forth in § 1708B(c)(21) of this title to determine if their enactments are materially different from the Model Compact and whether they qualify for participation in the Compact.

(2) Participating states enacting the Compact subsequent to the 7 initial charter participating states shall be subject to the process set forth in § 1708B(c)(21) of this title to determine if their enactments are materially different from the Model Compact and whether they qualify for participation in the Compact.

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

(b) Any state that joins this Compact shall be subject to the Commission’s Rules and bylaws as they exist on the date on which this 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 this Compact becomes law in that state.

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

(1) A participating state’s withdrawal shall not take effect until 180 days after enactment of the repealing statute. During this 180-day period, all compact privileges that were in effect in the withdrawing state and were granted to licensees licensed in the withdrawing state shall remain in effect. If any licensee licensed in the withdrawing state is also licensed in another participating state or obtains a license in another participating state within the 180 days, the licensee’s compact privileges in other participating states shall not be affected by the passage of the 180 days.

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

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

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

(e) This Compact may be amended by the participating states. No amendment to this Compact shall become effective and binding upon any participating state until it is enacted materially in the same manner into the laws of all participating states as determined by the Commission.
24 Del. C. § 2903 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2903
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        2903. Real Estate Commission; appointments; qualifications; terms of office; vacancies; suspension or removal; unexcused absences; compensation.
Status: in_force

(a) There is created the Delaware Real Estate Commission, which shall administer and enforce this chapter.

(b) The Commission shall consist of 9 members appointed by the Governor: 5 professional members, 3 of whom shall be licensed brokers, 1 associate broker, and 1 salesperson; and 4 public members. All members shall have been residents of the State for at least 5 years immediately prior to such appointment.

(1) Three of the professional members shall be brokers: 1 shall be a resident of New Castle County; 1 shall be a resident of Kent County; and 1 shall be a resident of Sussex County. Broker members of the Commission shall have been active licensees for at least 5 years immediately prior to their appointment.

(2) One of the professional members shall be an associate broker. The associate broker member shall have been an active licensee for at least 5 years immediately prior to that associate broker’s appointment.

(3) One of the professional members shall be a salesperson. The salesperson member shall have been an active licensee for at least 4 years immediately prior to that salesperson’s appointment.

(4) Of the 4 public members, 1 public member shall be from each county and 1 public member shall be from the City of Wilmington. To serve on the Commission, a public member shall not be, nor have been within the last 8 years prior to the effective date of appointment, a licensee, nor a member of the immediate family of a licensee; shall not be, nor have been with the last 8 years prior to the effective date of appointment, employed by a broker or brokerage organization; shall not have had a financial interest in the providing of goods and services to a licensee; and shall not be, nor have been within the last 8 years prior to the effective date of appointment, engaged in an activity directly related to providing real estate services.

(c) Each member shall serve for a term of 3 years, unless otherwise specified in this chapter; and may succeed himself or herself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only 1 additional full term. Any person appointed to fill a vacancy on the Commission shall hold office for the remainder of the unexpired term of the former member.

(d) No member, while serving on the Commission, shall be a president, president-elect, vice-president, secretary, treasurer, director or other elected official of a professional association for real estate service providers.

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

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

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

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

(i) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9.