24 Del. C. § 1774D — Delaware Code / Title 24 / Chapter 17 / Subchapter VI / Section 1774D
§ Â
        1774D. Inactive license; return to clinical practice.
Status: in_force

(a) Any physician assistant who notifies the Board in writing on forms prescribed by the Board may elect to place that physician assistant’s license on inactive status. A physician assistant whose license is inactive shall be excused from payment of renewal fees and shall not practice as a physician assistant. Any licensee who engages in practice while that licensee’s license is inactive shall be considered to be practicing without a license, which shall be grounds for discipline under § 1774B of this title. A physician assistant whose license has been inactive for 3 years or less may reactivate the license by paying the renewal fee pursuant to § 1774A of this title and meeting the requirements for ordinary license renewal as determined by the Board.

(b) If a physician assistant whose license has been on inactive status for in excess of 3 years and who has not practiced as a physician assistant in any jurisdiction of the United States for over 3 years requests to reactivate the license, the Board may grant a re-entry license and may, after consultation with the Council, impose additional practice and collaboration requirements for the re-entry license. A re-entry license granted under this subsection shall be valid for no longer than 6 months and may be renewed only once at the Board’s discretion. In the month immediately preceding the month during which the re-entry license will expire, a physician assistant may apply to the Board for a full license as a physician assistant. The Board shall grant a full license to a physician assistant who meets all qualifications for licensure and whom the Board determines is qualified to practice. If the Board determines that a physician assistant is still not qualified to receive a full license at the conclusion of the re-entry license period, the Board may only once renew the re-entry license. If the Board elects to renew a re-entry license instead of issuing a full license, the Board shall provide to the physician assistant a written explanation for that decision when issuing the renewed re-entry license.

Additional practice requirements that the Board may choose to impose as a condition of a re-entry license may include:

(1) Requiring the collaborating physician to be physically on-site while the physician assistant is practicing;

(2) Requiring the collaborating physician to review and countersign a portion of patient charts for patients seen by the physician assistant;

(3) Requiring the physician assistant to possess current certification from the NCCPA;

(4) Requiring the physician assistant to take a review course or to complete a specified amount of Category 1 CME, as determined by the Council and agreed upon by the Board as appropriate; and

(5) Requiring documentation of a specific minimum number of clinical practice hours performed under the re-entry license.

(c) The above subsection (b) of this section shall also apply to a physician assistant who has not placed the physician assistant’s license on inactive status in this State but who has previously practiced as a physician assistant in another jurisdiction of the United States and has not actively engaged in clinical practice for a period in excess of 3 years immediately prior to applying for a license under this subchapter.
24 Del. C. § 1205 — Delaware Code / Title 24 / Chapter 12 / Subchapter I / Section 1205
§ Â
        1205. Security alarm business employee, licensee, compliance agent requirements [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

(a) No security alarm business will be issued a license unless all officers, management appointees, or compliance agents who will be actively involved in the security alarm business submit to the State Bureau of Identification their name, Social Security number, race, sex, date of birth, height, weight, hair and eye color, address of legal residence and the provision of such other information as may be necessary to obtain a report of the person’s entire criminal history record by the State Bureau of Identification and a report of the person’s entire Federal criminal history pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544.

(b) Whoever wishes to be licensed under this chapter as an employee of a security alarm business must meet and maintain all of the following requirements:

(1) Must not have been convicted of a felony.

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

a. More than 2 of such misdemeanors during such the person’s lifetime.

b. A misdemeanor conviction that occurred during or as a result of employment in a capacity regulated by this chapter.

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

(4) If a veteran of any branch of the armed forces, must not have been dishonorably discharged.

(5) Must meet and maintain the qualifications in the rules and regulations promulgated by the Professional Licensing Section in carrying out the provisions of this chapter.
24 Del. C. § 2933 — Delaware Code / Title 24 / Chapter 29 / Subchapter II / Section 2933
§ Â
        2933. Statutory agency.
Status: in_force

(a) The common law of agency relative to brokerage relationships in real estate services transactions established pursuant to this chapter is expressly abrogated for any licensee functioning as a broker, associate broker, or salesperson, licensee owner, or brokerage organization as defined in this chapter as a statutory agent. The remainder of this subchapter is intended to occupy completely the field of law relative to brokerage relationships for those real estate services transactions with the licensee or licensee’s functioning as statutory agents. For those areas where the public, licensees, regulators, or courts need further guidance as to the conduct of statutory agents, customers and clients, the law governing independent contractor relationships shall apply to the extent it is not inconsistent with the provisions of this chapter.

(b) Statutory interpretation. — Performing the functions of a statutory agent as described in this chapter and the rules and regulations of the Commission shall not be construed to automatically or by implication create a common law agency relationship. This section through § 2938 of this title shall be construed as rules of conduct describing how a licensee works for clients, works with customers, or interacts with the general public as a statutory agent in the capacity of an independent contractor and not as a common law agent.

(c) Presumed statutory agency. — (1) For properties marketed for sale of 1-to-4 family residences or single lot sales of land intended for a 1-to-4 family residence:

a. The licensee working for the buyer is presumed to be a statutory agent representing the buyer;

b. A licensee working for the seller is presumed to be a statutory agent representing the seller; and

c. A licensee working for both buyer and seller is presumed to be a statutory agent representing both parties as a dual agent.

(2) For new construction onsite sales offices for 1-to-4 family residences or single lot sales of land intended for a 1-to-4 family residence, the onsite licensee shall be presumed to be a statutory agent representing the builder or seller.

(3) The presumption of agency may be rebutted by the consumer signing a consumer information statement establishing a different agency relationship.
24 Del. C. § 6113 — Delaware Code / Title 24 / Chapter 61 / Section 6113
§ Â
        6113. Disciplinary sanctions.
Status: in_force

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 6111 of this title applies to an individual or licensee regulated by this chapter:

(1) Issue a letter of reprimand.

(2) Place an individual on probationary status, and require the individual to do 1 or more of the following:

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

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

(3) Suspend a license.

(4) Revoke a license.

(5) Impose a monetary penalty as follows:

a. No more than $1,500 for each violation of § 6111(a)(2) and (a)(4) through (a)(9) of this title.

b. No less than $4,500 for violations of § 6111(a)(1) and (a)(3) of this title.

(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 individual’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 president or the board president’s designee. An order temporarily suspending a license may not be issued unless the individual or the individual’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the individual or the individual’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 individual requests a continuance of the hearing date. If the temporarily suspended individual requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. An individual 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 individual received notification of the decision to temporarily suspend the individual’s license.
24 Del. C. § 4003 — Delaware Code / Title 24 / Chapter 40 / Subchapter I / Section 4003
§ Â
        4003. Council on Real Estate Appraisers; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.
Status: in_force

(a) There is created a State Council on Real Estate Appraisers, which shall administer and enforce this chapter.

(b) The Council shall consist of 9 members, who are residents of this State, and are appointed by the Governor. Four of the 9 members shall be licensed or certified appraisers engaged primarily in the real estate appraisal business or in the appraisal management business, including at least 1 certified general real property appraiser and at least 2 certified residential appraisers. One of the 9 members shall be a certified real estate appraiser also engaged in the real estate brokerage business. One member shall be from the banking community. Three of the 9 members shall be public members. The public members shall not be, nor ever have been, appraisers nor members of the immediate family of an appraiser; shall not have been employed by an appraiser or a company engaged in the practice of appraising; shall not have a material interest in the providing of goods and services to appraisers; nor have been engaged in an activity directly related to appraising. The public members shall be accessible to inquiries, comments and suggestions from the general public.

(c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may succeed 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 Council 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 Council proceedings unless and until replaced by the Governor.

(d) A person, who has never served on the Council, may be appointed to the Council 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 Council or who has served on the Council for 6 years within any 9-year period, shall again be appointed to the Council 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 Council 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 Council 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 Council, while serving on the Council, shall hold elective office in any professional association of real estate appraisers; 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 Council.

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

(j) Each member of the Council 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. § 1799M — Delaware Code / Title 24 / Chapter 17 / Subchapter XI / Section 1799M
§ Â
        1799M. Continuing education.
Status: in_force

The Council, with the approval of the Board, is authorized to adopt regulations specifying continuing education requirements which must be met by a licensee before a licensee will be eligible for renewal of their license.
24 Del. C. § 510 — Delaware Code / Title 24 / Chapter 5 / Subchapter II / Section 510
§ Â
        510. 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. A license in “good standing” is defined in § 508(a)(4)-(7) of this title.

(b) An applicant, who is licensed or registered in a state whose standards are not substantially similar to those of this State, shall have practiced for a minimum of 5 years after licensure, provided however that the applicant meets all other qualifications for reciprocity in this section.

(c) An applicant, who has received a degree of “Doctor of Podiatric Medicine” or its equivalent from a foreign school, college or university, shall submit a certified copy of the applicant’s school, college or university record for evaluation by the Board.

(d) In the event that a disciplinary proceeding or unresolved complaint is pending, the applicant shall not be licensed in this State until the proceeding or complaint has been resolved. Applicants for licensure in this State shall be deemed to have given consent to the release of such information and to waive all objections to the admissibility of such information as evidence at any hearing or other proceeding to which the applicant may be subject.

(e) Each application for licensure shall be accompanied by payment of the application fee.
24 Del. C. § 1822 — Delaware Code / Title 24 / Chapter 18 / Subchapter III / Section 1822
§ Â
        1822. Examination.
Status: in_force

(a) The written, standardized examination required in § 1821(a)(2) of this title must be offered at least quarterly. The Board will determine the passing score in its rules and regulations.

(b) An applicant who fails to receive a passing score on an examination administered pursuant to this chapter may apply to retake the examination on the next available date. If an applicant fails to pass the examination after 3 attempts, the Board, in its rules and regulations, may specify the conditions under which an applicant may retake the examination.
24 Del. C. § 5305 — Delaware Code / Title 24 / Chapter 53 / Subchapter I / Section 5305
§ Â
        5305. Records.
Status: in_force

The Division shall keep a register of all approved applications for license as massage and bodywork therapist and for certification as massage technician, all approved applications for licenses for massage establishments, 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. § 901 — Delaware Code / Title 24 / Chapter 9 / Section 901
§ Â
        901. License requirement.
Status: in_force

No person shall engage in the business of selling any pistol or revolver, or stiletto, steel or brass knuckles, or other deadly weapon made especially for the defense of one’s person without first having obtained a license therefor, which license shall be known as “special license to sell deadly weapons.” No person licensed or unlicensed shall possess, sell or offer for sale any switchblade knife.

This section shall not apply to toy pistols, pocket knives or knives used for sporting purposes and in the domestic household, or surgical instruments or tools of any kind.
24 Del. C. § 1911B — Delaware Code / Title 24 / Chapter 19B / Section 1911B
§ Â
        1911B. Effective date, withdrawal and amendment [Effective upon fulfillment of 83 Del. Laws, c. 110, Â 2].
Status: in_force

(a) This Compact shall come into limited effect at such time as this Compact has been enacted into law in 7 party states for the sole purpose of establishing and convening the Commission to adopt rules relating to its operation.

(b) Any state that joins this Compact subsequent to the Commission’s initial adoption of the APRN uniform licensure requirements shall be subject to all rules that have been previously adopted by the Commission.

(c) Any party state may withdraw from this Compact by enacting a statute repealing the same. A party state’s withdrawal shall not take effect until 6 months after enactment of the repealing statute.

(d) A party state’s withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state’s licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.

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

(f) This Compact may be amended by the party states. No amendment to this Compact shall become effective and binding upon any party state until it is enacted into the laws of all party states.

(g) Representatives of non-party states to this Compact shall be invited to participate in the activities of the Commission, on a nonvoting basis, prior to the adoption of this Compact by all states.
24 Del. C. § 3110 — Delaware Code / Title 24 / Chapter 31 / Subchapter II / Section 3110
§ Â
        3110. Fees.
Status: in_force

The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.
24 Del. C. § 116 — Delaware Code / Title 24 / Chapter 1 / Section 116
§ Â
        116. Complaints.
Status: in_force

(a) The Board or any aggrieved person may file a complaint against any individual or firm holding a permit to practice or any certificate holder. 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. The Division may refer a complaint against an individual practicing under § 109 of this title to the state of licensure for handling.

(b) When it is determined that an individual or firm is engaged in the practice of certified public accountancy or public accountancy without having first obtained the appropriate permit, the Board shall apply to the Division of Professional Regulation to issue a cease and desist order.

(c) Any complaints involving allegations of unprofessional conduct or incompetence shall be investigated by the Division of Professional Regulation.
24 Del. C. § 3716 — Delaware Code / Title 24 / Chapter 37 / Subchapter II / Section 3716
§ Â
        3716. Disciplinary sanctions [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: repealed

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that one of the conditions or violations set forth in § 3715 of this title applies to a practitioner regulated by this chapter:

(1) Issue a letter of reprimand.

(2) [Repealed.]

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

a. Report regularly to the Board upon the matters that 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.

(7) The Board shall permanently revoke the license to practice speech/language pathology, audiology, or hearing aid dispensing of a person who is convicted of a felony sexual offense.

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

(c) 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.

(d) 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.

(e) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety, or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license.
24 Del. C. § 5417 — Delaware Code / Title 24 / Chapter 54 / Section 5417
§ Â
        5417. Uniformity of application and construction.
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact laws similar to this chapter.
24 Del. C. § 2518 — Delaware Code / Title 24 / Chapter 25 / Subchapter II / Section 2518
§ Â
        2518. Reinstatement of a suspended license; removal from probationary status [Effective until June 30, 2026].
Status: in_force

(a) As a condition of reinstatement of a suspended license or the issuance of another license after revocation, the Board may impose any condition or conditions that are authorized under this chapter. Before reinstating a suspended license or removing a licensee from probationary status, the Board shall, without a hearing, make a determination as to whether the licensee has taken the required corrective actions and has satisfied all of the conditions imposed pursuant to the license suspension and/or the probation period. A licensee who disagrees with a determination made by the Board under this subsection may request a hearing before the Board.

(b) A licensee seeking reinstatement or removal from probationary status must pay the appropriate fees and submit the evidence required by the Board to show that all the conditions imposed pursuant to the license suspension and/or the probation period have been met. Proof that the licensee has met that licensee’s continuing education requirements may also be required.
24 Del. C. § 2312 — Delaware Code / Title 24 / Chapter 23 / Subchapter II / Section 2312
§ Â
        2312. Records.
Status: in_force

(a) The Section shall keep a register of all applications for pawnbrokers, secondhand dealers and scrap metal processors and complete records, changes and additions to rules and regulations, hearings and such other matters as the Secretary shall determine. Such records shall constitute prima facie evidence of the proceedings of the Secretary.

(b) The Section pursuant to approval of the Secretary shall:

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

(2) Deny or withdraw approval from applicants for failure to meet approved application procedures and other criteria;

(3) Oversee renewal applications and appropriate fees;

(4) Conduct hearings upon request for denial, suspension or revocation of a pawnbroker, secondhand dealer or scrap metal processor license;

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

(6) Have all the duties, powers and authority necessary to the enforcement of this chapter, as well as such other duties, powers and authority as it may be granted from time to time by the Secretary.
24 Del. C. § 5106 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5106
§ Â
        5106. Powers and duties.
Status: in_force

(a) The Board of Cosmetology and Barbering shall have the power to:

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

(2) Designate and process the application form to be used by all applicants; however, no application form shall require a picture of the applicant, require information relating to citizenship, race, place of birth or length of state residency; nor shall it require personal references;

(3) Designate a written examination, prepared by either a national professional association or by a recognized legitimate national testing service;

(4) Provide for the administration of all examinations, subject to the approval of the Division of Professional Regulation, including notice and information to applicants;

(5) Design and administer practical examinations, subject to the approval of the Division of Professional Regulation, for cosmetology, nail technology, barbering and electrolysis, only;

(6) Grant licenses to, and renew licenses of, all persons who meet the qualifications for licensure and who have paid the appropriate fees as determined by the Division;

(7) Grant temporary licenses to all persons who qualify. Rules and regulations for the issuance of temporary licenses shall be established by the Board;

(8) Refer all complaints from licensees and the public concerning persons licensed by the Board, 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;

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

(10) Where it has been determined after a disciplinary hearing that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty;

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

(12) Take such action outlined in § 5117 of this title with regard to unlicensed practitioners;

(13) Evaluate certified records to determine whether an applicant for licensure who previously has been licensed, certified or registered in another jurisdiction to practice cosmetology, barbering, nail technology and/or electrology 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;

(14) Authorize agents of the Division to inspect any shop or school where cosmetology, barbering, electrology, nail technology or aesthetics services are offered, rendered or taught, or any other place where such services are offered, rendered or taught;

(15) Require continuing education of licensees as established by Board rules and regulations;

(16) Prohibit the use of methyl methacrylate (MMA); and

(17) Establish by rule and regulation advanced training requirements to assure that the licensee meets accepted standards of care for different techniques and services.

(b) The Board of Cosmetology and Barbering shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of cosmetology, barbering, electrology, nail technology or aesthetics.
24 Del. C. § 1803 — Delaware Code / Title 24 / Chapter 18 / Subchapter I / Section 1803
§ Â
        1803. Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners; appointment; composition; qualification; term; vacancies; suspension or removal; unexcused absences; compensation.
Status: in_force

(a) The State Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners shall administer and enforce this chapter.

(b) The Board shall consist of 9 members who are appointed by the Governor and who are residents of this State. Three members, 1 from each county, are master plumbers who have been engaged in the plumbing services for at least 5 years. Three members, 1 from each county, are master HVACR licensees or master HVACR restricted licensees who have been engaged in HVACR or HVACR restricted services for at least 5 years. Three members, 1 from each county, are public members. A public member may not be nor ever have been a master plumber, master HVACR licensee, or master HVACR restricted licensee; may not be a member of the immediate family of a master plumber, master HVACR licensee, or master HVACR restricted licensee; may not be nor ever have been employed by a master plumber, master HVACR licensee, master HVACR restricted licensee, plumbing contractor, HVACR contractor, or HVACR restricted contractor; may not have a material interest in the providing of goods or services to master plumbers, master HVACR licensees, master HVACR restricted licensees, plumbing contractors, HVACR contractors, or HVACR restricted contractors; and may not be nor ever have been engaged in an activity directly related to providing plumbing, HVACR, or HVACR services. A public member must be accessible to inquiries, comments, and suggestions from the general public.

(c) Except as provided in subsection (d) of this section, each Board member serves a term of 3 years and may succeed himself or herself for 2 additional terms; provided, however, that if a member is initially appointed to fill a vacancy, the member may succeed himself or herself for only 2 additional full terms. A person appointed to fill a vacancy on the Board holds office for the remainder of the unexpired term of the vacating member. A term of office expires on the date specified in the appointment; however, a Board member whose appointment has expired remains eligible to participate in Board proceedings until replaced by the Governor. A person who is a member of the Board on June 27, 2006, may complete that member’s term.

(d) A person who has never served on the Board may be appointed to the Board for 3 consecutive terms; but the person is thereafter ineligible to serve for 3 consecutive terms. A person who has been appointed 3 times to the Board or who has served on the Board for 9 years within any 12-year period may not again be appointed to the Board until an interim period of at least 1 term has expired since the person last served.

(e) An act or vote on Board business by a person appointed to the Board in violation of this section is invalid.

(f) The Governor shall suspend or remove a member of the Board for the member’s misfeasance, nonfeasance, malfeasance, misconduct, incompetence, neglect of duty, or for other good cause. “Neglect of duty” means the failure to attend, without adequate reason, 3 consecutive regular business meetings, or at least half of all regular business meetings during any calendar year. A member subject to a disciplinary hearing may not participate in Board meetings until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal to the Superior Court a suspension or removal initiated pursuant to this subsection.

(g) A member of the Board, while serving on the Board, may not hold elective office in any occupational association of master plumbers, master HVACR licensees, or master HVACR restricted licensees or serve as an officer of an occupational association’s political action committee (PAC).

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

(i) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9.
24 Del. C. § 2304 — Delaware Code / Title 24 / Chapter 23 / Subchapter I / Section 2304
§ Â
        2304. Holding period.
Status: in_force

(a) (1) A secondhand dealer operating an automated kiosk may ship all goods, wares and merchandise to a secure off-site location upon approval from the Superintendent of the State Police or the Superintendent’s designee. Goods shipped under this section must be held for 30 days including weekends and holidays, subject to return and inspection by any police officer of Delaware. The off-site location may be out of the State.

(2) Every pawnbroker and secondhand dealer subject to this chapter must keep for a period of 18 days, including weekends and holidays, subject to inspection by any police officer of Delaware, all goods, wares and merchandise purchased or received from any person before selling, shipping or otherwise disposing of the same. This does not prohibit any person from securing valuable goods, wares and merchandise in a vault, safe or safety deposit box or other similarly secured storage area on the normal business premises so long as such secured items are readily available for inspection by a police officer. Scrap metal processors must hold platinum, gold and silver articles for 18 days.

(b) Every scrap metal processor subject to this chapter must keep for a period of 72 hours from the date and time the item was electronically reported, not including holidays or weekends, all copper or brass articles purchased or received from any person before selling, shipping or otherwise disposing of same, except that there shall be no holding period for articles meeting all of the following criteria:

(1) That are purchased or received from a commercially licensed entity.

(2) That are of the type commonly purchased or received from commercial entities.

(3) For which payment is made directly to the commercial entity and not to the individual delivering the articles.

(c) An individual authorized to purchase a catalytic converter under § 2307(c) of this title must withhold payment to the seller of a catalytic converter for 48 hours, not including holidays or weekends. During this time period the purchaser must keep the catalytic converter intact and safe from alteration, damage, or commingling and must place an identifying tag or other suitable identification on the catalytic converter.

(d) Every scrap metal processor which takes in a scrapped or dismantled vehicle without a title must have the vehicle cleared by a Delaware State Police auto theft technician before the vehicle is scrapped, dismantled, or altered in any way.

(e) Such holding periods are not applicable when the person from whom the goods were acquired or pledged desires to redeem, repurchase, or recover the goods, provided the dealer or pawnbroker can produce the record of the original transaction with verification that the customer is the person from whom the goods were originally acquired.

(f) A pawnbroker, secondhand dealer, or scrap metal processor shall not destroy, disfigure or obliterate identification marks or cause the identity of an article to otherwise be destroyed so long as the article continues to be in that person’s possession.

(g) Law-enforcement officers may require that an item be held for an additional 30 days beyond the requirements of subsection (a) of this section if they know or have reason to believe that the property is missing or stolen.
24 Del. C. § 1774 — Delaware Code / Title 24 / Chapter 17 / Subchapter VI / Section 1774
§ Â
        1774. Temporary licensing of physician assistants.
Status: in_force

(a) Notwithstanding any provision of this subchapter to the contrary, the Executive Director, with the approval of a Council member, may grant a temporary license to an individual who has graduated from a physician or surgeon assistant program which has been accredited by the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA) or, prior to 2001, by the Committee on Allied Health Education and Accreditation (CAHEA) of the American Medical Association (AMA) or a successor agency and who otherwise meets the qualifications for licensure but who has not yet taken a national certifying examination, provided that the individual is registered to take and takes the next scheduled national certifying examination. A temporary license granted pursuant to this subsection is valid until the results of the examination are available from the certifying agency. If the individual fails to pass the national certifying examination, the temporary license granted pursuant to this subsection must be immediately rescinded until the individual successfully qualifies for licensure pursuant to this subchapter.

(b) An individual who is temporarily licensed pursuant to this section may not have a prescriptive practice and may not perform medical acts except in the physical presence of the individual’s collaborating physician.
24 Del. C. § 1787 — Delaware Code / Title 24 / Chapter 17 / Subchapter VIII / Section 1787
§ Â
        1787. Medical emergency exception.
Status: in_force

The requirements of § 1783, § 1784 and § 1786 of this title shall not apply when, in the best medical judgment of the physician or other medically authorized person, based on the facts of the case, a medical emergency exists that so complicates the pregnancy as to require an immediate abortion.
24 Del. C. § 2528 — Delaware Code / Title 24 / Chapter 25 / Subchapter IV / Section 2528
§ Â
        2528. Requirements for and issuance of permit [Effective until June 30, 2026].
Status: in_force

(a) In determining if a permit to operate a pharmacy should be issued, the Board shall consider, but is not limited to considering, the probability that:

(1) The pharmacy will be operated in full compliance with the law and with the rules and regulations of the Board;

(2) The pharmacy will be managed by a pharmacist-in-charge who is licensed to practice pharmacy in the State and who will serve as a pharmacist-in-charge in only that pharmacy;

(3) The location and appointments of the pharmacy are such that it can be operated without endangering public health, safety, or welfare. In determining a danger to public health, safety, or welfare, the Board shall consider, but is not limited to considering, the following factors:

a. Whether an applicant, permit holder, principal, or a person having ownership interest in the pharmacy has a conviction for deceptive business practices or for a violation of drug laws under federal law or any state’s law;

b. Whether an applicant, permit holder, principal, or a person having controlling ownership interest in the pharmacy has been or is the subject of an action by a regulatory agency for a violation of the agency’s statutes or regulations;

(4) The pharmacist-in-charge, whose name is on the application, will comply with pharmacy, controlled substance, and other applicable statutes and regulations;

(5) The pharmacy will provide conspicuous notice to consumers that the Board of Pharmacy is the contact agency for reporting unresolved medication errors.

(b) A permit to operate a pharmacy may not be issued or renewed unless the pharmacy is equipped with proper reference materials and professional and technical equipment as provided in the Board’s rules and regulations.

(c) The Executive Secretary may issue a temporary, 60-day permit to operate a pharmacy to an otherwise qualified pharmacy while the application for a permanent permit is pending. The Board may grant 1 60-day extension of a temporary permit.
24 Del. C. § 4013 — Delaware Code / Title 24 / Chapter 40 / Subchapter II / Section 4013
§ Â
        4013. Issuance and renewal of licenses and certification.
Status: in_force

(a) The Council shall issue a license to each applicant, who meets all of the requirements of this chapter for licensure or certification as an appraiser and who pays the fee established under § 4012 of this title.

(b) Each license or certificate shall be renewed biennially in such manner as is determined by the Division, and upon payment of the appropriate fee and submission of a renewal form provided by the Division, and proof that the licensee has met the continuing education requirements established by the Council, and shall meet the requirements of § 4008(a)(2), (3), (4) and (5) of this title.

(c) Licensees and certificate holders shall be enrolled in the Federal roster or registry of state-licensed and state-certified real property appraisers. The licensee or certificate holder shall pay the fee established for that purpose biennially to the State.

(d) The Council, in its rules and regulations, shall determine the period of time within which a licensed or certified appraiser may still renew that appraiser’s license, notwithstanding the fact that such licensee or certificate holder has failed to renew on or before the renewal date.

(e) A licensee or certificate holder, upon written request, may be placed in an inactive status in accordance with the Council’s rules and regulations. The renewal fee of such person shall be prorated according to the amount of time such person was inactive. Such person may reenter practice upon written notification to the Council of the intent to do so and completion of continuing education as required in the Council’s rules and regulations.
24 Del. C. § 1211 — Delaware Code / Title 24 / Chapter 12 / Subchapter I / Section 1211
§ Â
        1211. Issuance of license; bond [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

Upon notification of approval of an application, the newly-licensed security alarm business shall provide the Professional Licensing Section with all of the following at the time of receiving the license and prior to the license being operative:

(1) An occupational license issued by the Division of Revenue as evidence of the ability to conduct business in this State for all offices, bureaus, agencies or branches named in the application.

(2) A cash bond or evidence that the newly-licensed security alarm business is covered by a surety bond conditioned for the faithful and honest conduct of such business by the newly-licensed security alarm business, executed by a surety company authorized to do business in this State, in a reasonable amount to be fixed by the Professional Licensing Section for any person aggrieved by the misconduct of any person licensed under this chapter.
24 Del. C. § 2825 — Delaware Code / Title 24 / Chapter 28 / Section 2825
§ Â
        2825. Unlicensed practice.
Status: in_force

(a) Persons or engineering corporations or partnerships not licensed, not authorized by Council, or not holding a certificate of authorization may not:

(1) Practice engineering as defined in this chapter.

(2) Use any name, title, description of designation, either orally or in writing, that will lead to the belief that such person is entitled to practice engineering as defined in this chapter, including without limitation the words “engineer” or “engineering” or any modification or derivative of those words.

(3) Advertise or hold oneself or conduct oneself in any way or in any such manner as to lead to the belief that such person is entitled to practice engineering.

(b) [Transferred to subsection (i) of this section.]

(c) Whoever practices or offers to practice engineering in this State without being licensed in accordance with the provisions of this chapter shall be in violation thereof.

(d) Whoever presents or attempts to use as that person’s own license, certificate of authorization, or the seal of a professional engineer not that person’s own shall be in violation of the provisions of this chapter.

(e) Whoever gives any false or forged evidence of any kind to the Council or to any member thereof in obtaining authorization to use the term “engineer,” a license, or a certificate of authorization shall be in violation of the provisions of this chapter.

(f) Whoever falsely impersonates any other adjunct member, affiliate member, licensee, or holder of a certificate of authorization with a similar or different name shall be in violation of the provisions of this chapter.

(g) Whoever attempts to use an expired or revoked authorization to use the term “engineer,” a license, or certificate of authorization shall be in violation of the provisions of this chapter.

(h) Any applicant who misstates or misrepresents any fact in connection with the application or any such applicant who uses improper means to gain information usable by such applicant on or in connection with an examination taken by the applicant to obtain licensure as a professional engineer or certification as an engineer intern shall be in violation of the provisions of this chapter.

(i) Each partner of a partnership and each officer or director of a corporation which practices engineering in violation of this chapter shall also be liable jointly and severally with and to the same extent as such partnership or corporation unless such partner, officer or director who is so liable sustains the burden of proof that the partner, officer or director did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the violation is alleged to exist.

(j) This chapter shall not be construed to prevent or to affect:

(1) The work of an employee or a subordinate of a licensee, provided such work is done under the direct responsibility, checking and supervision of a licensee, or

(2) The practice of professional engineering by an architect legally licensed in this State when such practice is incidental to what may be properly considered an architectural project.

(k) Whether prompted by receipt of a complaint or upon its own initiative, the Council or its investigating committee may review allegations of unlicensed practice of engineering.

(l) Complaints of unlicensed practice must be investigated and prosecuted in accordance with the administrative hearing procedures in § 2824(b) of this title, except that administrative orders are not available for cases of unlicensed practice.

(m) Unlicensed practice is punishable by a fine up to $5,000 and a cease and desist order that shall include a reasonable date certain for compliance.

(n) Cease and desist orders. — (1) The investigating committee may submit a written recommendation to the Council that a cease and desist order be issued. The written recommendation must include a copy of the proposed order. The proposed order must recite verbatim all complaint allegations the investigating committee believes are supported by its findings, brief recitation of those findings, and include a reasonable date certain deadline for the accused to comply with the order. The order must also indicate that the accused may request a hearing in writing any time before passage of the compliance deadline, and that the order will become final and enforceable after passage of the compliance deadline.

(2) By majority vote of the members present at a properly convened Council meeting, the Council shall approve or reject the investigating committee’s written recommendation based only on the information contained in and included with the written recommendation. The Council shall reject the investigating committee’s recommendation only if it decides that the investigating committee’s recommendation is contrary to a specific state or federal law or regulation, is not supported by substantial evidence, or is arbitrary or capricious. If Council does not approve the investigating committee’s recommendation, the matter must be remanded to the investigating committee with the Council’s written reasons for withholding its approval. If the Council approves the recommendation, the order must be served on the accused by certified mail with return receipt requested to the last address of record of the accused or by personal service.

(3) Cease and desist orders become final after passage of the compliance deadline only with positive proof of service, such as a signed return receipt or an affidavit of personal service. If the accused requests a hearing in writing to the investigating committee, the investigating committee shall proceed in accordance with § 2824(b)(1)g.3. of this title.

(4) The Council may seek injunctive relief as provided in this chapter to enforce cease and desist orders.

(o) Violations of a cease and desist orders must be investigated and prosecuted in accordance with the procedures in § 2824(b) of this title, except that administrative orders are not available. Violation of a cease and desist order is punishable by a fine up to $5,000 for each day a violation occurs.
24 Del. C. § 2021 — Delaware Code / Title 24 / Chapter 20 / Subchapter II / Section 2021
§ Â
        2021. Treatment or examination of minors.
Status: repealed

(a) As used in this section:

(1) “Adult staff member” means an individual who is 18 years or older and is acting under the direction of the licensee, the licensee’s employer, or is otherwise licensed under this chapter.

(2) “Evaluation or treatment” includes dressing, bathing, or toileting that exposes a minor patient’s breast, genitalia, or rectum.

(3) “Minor” means an individual who is 15 years or younger.

(4) “Services” includes inpatient, outpatient, home, or school treatment.

(b) A minor patient’s parent, guardian, or other caretaker, or an adult staff member, must be present when a licensee provides services to a minor patient who is disrobed or partially disrobed during evaluation or treatment.

(c) If an adult staff member observes the evaluation or treatment, the adult staff member must be of the same gender as the patient when practicable.

(d) The minor patient may decline the presence of a third person only with consent of individual providing consent to the minor patient’s treatment and only after the initial evaluation.

(e) When a minor patient’s evaluation or treatment involves the female breasts, or female or male genitalia or rectum, a licensee shall provide the individual providing consent to the minor patient’s treatment with notice of the rights under this section. The notice must be provided in written form or conspicuously posted in a manner in which a minor patient and the individual providing consent to the minor patient’s treatment are made aware of the notice. In circumstances in which the posting or the provision of the written notice may not convey the right to have a third person present, the licensee shall use another means to ensure that the minor patient and the individual providing consent to the minor patient’s treatment understand the rights under this section.

(f) [Repealed.]

(g) A licensee that provides treatment to a minor patient under this section shall, contemporaneously with the treatment, note in the minor patient’s record the name of each person present when the treatment is provided.
24 Del. C. § 104 — Delaware Code / Title 24 / Chapter 1 / Section 104
§ Â
        104. Officers; meetings; conduct of business; quorum; absences.
Status: in_force

(a) The Board shall hold a regularly scheduled business meeting at least once in each quarter of a calendar year and at such other times as the president may deem necessary, or at the request of a majority of Board members.

(b) The Board shall elect annually from its members a president and a secretary. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive years.

(c) A majority of members of the Board shall constitute a quorum for the transaction of all business and no disciplinary action shall be taken without the affirmative vote of at least 5 members.

(d) Minutes of all meetings shall be recorded and copies shall be maintained by the Division. At any hearing in which evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
24 Del. C. § 5509 — Delaware Code / Title 24 / Chapter 55 / Section 5509
§ Â
        5509. Identification card, license, and badge.
Status: in_force

(a) Anyone required to be licensed under this chapter shall be issued, by the Professional Licensing Section, an identification card, license, and badge which shall expire and be renewable on the fourth anniversary date of the birth of the applicant next following the date of its issuance, unless the birth date is February 29, in which event the license shall expire and be renewable on February 28 every fourth year.

(b) BEA licenses issued prior to July 1, 2010, shall continue in force until the expiration thereof, unless there has been a violation of § 5507 of this title.
24 Del. C. § 2902 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2902
§ Â
        2902. Definitions.
Status: in_force

(a) As used in this chapter:

(1) “Associate broker” means any individual who holds an associate broker license from the Commission and who is licensed under a broker to sell or offer to sell, or to buy or to offer to buy, or to negotiate the purchase, sale, or exchange of real estate, or to lease or rent or offer for rent any real estate, or to negotiate leases or rental agreements thereof or of the improvements thereon for others.

(2) “Broker” means any individual who holds a broker license from the Commission and who for a compensation or valuable consideration, is self-employed or is employed directly or indirectly by a brokerage organization to sell or offer to sell, or to buy or offer to buy, or to negotiate the purchase, sale, or exchange of real estate, or to lease or rent or offer for rent any real estate, or to negotiate leases or rental agreements thereof or of the improvements thereon for others. The broker is responsible for providing real estate services and is primarily responsible for the day to day management and supervision of a brokerage organization as it relates to this chapter.

(3) “Brokerage organization” means that individual or business entity which is not licensed but is acting as a broker under § 2901(c) of this title and is the trade name under which the broker operates. The individual or business entity shall have a broker licensed under this chapter.

(4) “Client” means a member of the public who is the principal in the statutory or common law agency relationship.

(5) “Commission” means the Delaware Real Estate Commission.

(6) “Competitive market analysis” or “CMA” means a service provided by a licensee for the purpose of providing either a potential listing price or use or a potential offering price or use in a real estate services transaction. In this method, licensees compare properties whose characteristics are similar in location, style, size and amenities to provide an estimated market price or a potential use for a target property or area. The CMA usually consists of an evaluation of similar properties that have recently sold, are currently under agreement to sell and are currently listed or offered for sale. A CMA may also be referred to as a comparative market analysis, a comparable market analysis, a broker price opinion or broker’s market analysis. A CMA is not an appraisal.

(7) “Consumer information statement” or “CIS” means the disclosure form required by § 2938 of this title.

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

(9) “Customer” means a member of the general public working with a licensee as a potential buyer, seller, exchangor, exchangee, tenant, or landlord of real property or is consulting with a licensee in 1 of these capacities for the purpose of entering into a brokerage agreement or transaction, but who has not yet entered into a statutory or common law agency relationship with a licensee. A customer is sometimes referred to as a prospect.

(10) “Designated agent” means a licensee appointed by the broker working with a customer or client as a statutory agent.

(11) “Designated on-site supervisor” means a licensee who has at least 5 years of continuous real estate services experience and who has been appointed as the full-time supervisor of a branch office by the broker.

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

(13) “Dual agent” means a salesperson, associate broker, broker and/or brokerage organization which represents both buyer and seller or tenant and landlord as clients in a real estate services transaction.

(14) “Escrow account” means a separate account established by the brokerage organization used solely for moneys in which a broker’s customers or clients have an interest in accordance with the terms of a real estate services transaction.

(15) “Licensee” means an individual licensed under this chapter as a broker, associate broker or salesperson without implying what legal relationship they have with a customer or client.

(16) “Ministerial task” means a task that does not involve discretion or the exercise of the licensee’s own judgment, for example:

a. Performing tasks for a client or customer according to the brokerage agreement or other form of consent before or after the signing of an agreement of sale or lease such as arranging an inspection; or

b. Assisting other persons to perform their part of the transaction such as providing information to the mortgage lender.

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

(18) “Property management services” means those actions taken for others, pursuant to an agreement, in exchange for a fee, commission, compensation or other valuable consideration which include the supervision and the administration of the physical maintenance and/or the financial matters of real property. These supervision services may include assisting the owner in decisions in the selection of tenants, budgeting for the operation of property or properties, collecting of rent or rents, or maintaining security deposits.

(19) “Psychologically impacted” and “psychological impacts” mean that the property was, or was at any time suspected to have been the site of a homicide, suicide or other felony except arson or that an occupant of real property is or was at any time suspected to be infected or has been infected with human immunodeficiency virus (HIV) or diagnosed with acquired immune deficiency syndrome (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.

(20) “Real estate service provider” means a licensee who is providing real estate services.

(21) “Real estate services” means those activities performed by a licensee as defined in this chapter. As promulgated under the rules and regulations, real estate services shall also include the marketing and advertising of properties for sale or lease.

(22) “Rules and regulations” mean those rules and regulations as promulgated by the Commission.

(23) “Salesperson” means any individual who holds a salesperson license from the Commission and who is licensed under a broker to sell or offer to sell, or to buy or to offer to buy, or to negotiate the purchase, sale, auction or exchange of real estate, or to lease or rent or offer for rent any real estate, or to negotiate leases or rental agreements thereof or of the improvements thereon for others.

(24) “State” means the State of Delaware.

(25) “Statutory agent” or “agent” means a licensee functioning as a party in an agency relationship created according to subchapter II of this chapter as an independent contractor and not as a fiduciary. The agent offers real estate services to the public to make a market in real estate by bringing buyer and seller, or landlord and tenant together for the transaction and assisting the parties with advice and negotiations, and performing ministerial tasks to complete the transaction. Every licensee shall be presumed to be a statutory agent and may refer to themselves as agent or statutory agent unless specifically identified as a common law agent in their brokerage agreement.

(26) “Substantially related” means the nature of the criminal conduct, for which the individual 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 providing real estate services.

(b) In applying this chapter to leasing transactions, the word “landlord” may be substituted for “seller”, the word “tenant” may be substituted for “buyer”, and the word “lease” may be substituted for “agreement of sale” where applicable. The terms “rental agreement” and “lease” may be used interchangeably.
24 Del. C. § 5314 — Delaware Code / Title 24 / Chapter 53 / Subchapter II / Section 5314
§ Â
        5314. Complaints.
Status: in_force

(a) A practitioner or member of the public desiring to file a complaint against a practitioner or licensee, massage establishment, or certificate holder regulated by the Board shall file a written complaint with the Division of Professional Regulation. All complaints shall be received and investigated by the Division in accordance with the procedures as specified in § 8735 of Title 29. The Division shall be responsible for issuing a final written report at the conclusion of the investigation.

(b) Those complaints involving unsanitary conditions or other conditions in any massage establishment which may harm the health of any person on the premises shall be investigated by the Division of Public Health.
24 Del. C. § 2810 — Delaware Code / Title 24 / Chapter 28 / Section 2810
§ Â
        2810. Powers of the Council.
Status: in_force

(a) The Council, under the head of the Council President or the President’s designee and seal of the Council, may issue subpoenas for named respondents, witnesses, documents, physical evidence or any other source of evidence needed during the investigation of the complaint and/or for a public hearing on the complaint and/or in a matter involving an application for licensure, the revocation of licensure, or practicing or offering to practice without licensure, or any other matter pursuant to the provisions of this chapter. If the party or person subpoenaed fails to comply, the Council may compel compliance with said subpoena by filing a motion to compel in the Superior Court which shall have jurisdiction. The Superior Court may order costs, attorney’s fees and/or a civil fine not to exceed $5,000 if the motion to compel is granted.

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

(c) The records of the Council shall be prima facie evidence of the proceedings of the Council set forth therein. A transcript thereof, duly certified by the Secretary of the Council under seal, shall be admissible in evidence with the same force and effect as if the original were produced.

(d) Except as provided for in § 2804 of this title the Council may not create or promulgate rules or regulations to extend, modify, or in any way supplement the provisions of this chapter governing the regulation or the practice of engineering or the qualification, certification, or licensure of engineers, professional engineers, or engineer interns.

(e) The Council may, in its sole discretion, delegate its authority to investigate allegations of licensee or applicant violations under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title to an investigating committee.

(f) The Council may, in its sole discretion, delegate its authority to adjudicate allegations of licensee or applicant violations under § 2823 of this title or allegations of unlicensed practice under § 2825 of this title to a hearing committee in accordance with § 2824(b)(2) of this title.
24 Del. C. § 2533 — Delaware Code / Title 24 / Chapter 25 / Subchapter IV / Section 2533
§ Â
        2533. Prescription department [Effective until June 30, 2026].
Status: in_force

(a) A pharmacy must contain a secure room or area with a door that can be locked when the pharmacy is without the attendance and supervision of a pharmacist. The secure room or area, known as the prescription department, must contain the entire stock of prescription drugs, chemicals, and preparations used in compounding and preparing prescriptions.

(b) Only a pharmacist is authorized to unlock and lock the prescription department of a pharmacy.

(c) A sign giving the name of the pharmacist-on-duty must at all times be posted in the vicinity of the prescription department of a pharmacy.

(d) During the absence of a pharmacist, the prescription department of a pharmacy must be locked until the pharmacist returns to duty. However, the merchandising section of the pharmacy may remain open.

(e) A prescription department must have at least 250 square feet of floor space. The counter inside the prescription department must be at least 18 inches wide and must have 4 linear feet for each pharmacist working concurrently on dispensing and compounding prescriptions. The counter must be kept clear and free of all merchandise and other materials not currently in use in dispensing and compounding prescriptions. The aisle behind the counter must be at least 30 inches wide and must be kept free of obstruction at all times. A prescription department which existed on February 11, 1992, is exempt from the requirements of this subsection unless the department is remodeled or relocated.
24 Del. C. § 1918 — Delaware Code / Title 24 / Chapter 19 / Section 1918
§ Â
        1918. Renewal of license; lapse of license; late renewal; penalties; retirement from practice; temporary permit to practice; inactive status.
Status: in_force

(a) Every advanced practice registered nurse or registered or licensed practical nurse licensed under this chapter shall reregister biennially by filing an application; provided however, that the license of any licensee who is on active military duty with the armed forces of the United States and serving in a theater of hostilities on the date such application or reregistration is due shall be deemed to be current and in full compliance with this chapter until the expiration of 60 days after such licensee is no longer on active military duty in a theater of hostilities. The advanced practice registered nurses’ licensure or prescriptive authority is subject to biennial renewal coinciding with RN license renewal. In the event the applicant has not been actively employed in professional, practical, or advanced practice registered nursing in the past 5 years, the applicant must provide evidence of satisfactory completion of an appropriate board-approved nursing refresher program within 1 year before licensure by reinstatement.

APRNs who have been out of active clinical practice more than 2 years but less than 5 years must submit 24 hours of CE with 12 hours in pharmacotherapeutics and 12 hours in the clinical management of patients taken within 1 year before application. APRNs who have been out of active clinical practice more than 5 years must submit 45 hours of pharmacotherapeutics CE taken within 1 year before application and the advanced practice refresher program. In the event no advanced practice refresher program is available, the applicant must complete 600 hours of supervised clinical experience in the appropriate advanced practice role and population focus, with a qualified preceptor within 1 year before licensure by reinstatement. A qualified APRN preceptor must hold an active unencumbered license or privilege to practice as an APRN or be a physician who has an active unencumbered license and practices in a comparable practice focus in the clinical setting.

(b) Upon receipt of the application and fee, the Board shall verify the accuracy of the information set forth in the application and issue to the applicant a certificate of renewal of license for 2 years, provided that the applicant has successfully completed continuing education requirements as may be established by the Board. Such certificate shall entitle the holder to engage in the practice of professional, practical, or advanced practice registered nursing for the period stated therein. Any licensee whose license lapses for failure to renew the license may be reinstated by the Board upon satisfactory evidence of active employment in professional, practical, or advanced practice registered nursing within the past 5 years or satisfactory completion of a refresher program within an approved agency within a 1-year period prior to renewal and upon satisfactory explanation for the failure to renew the license and payment of a penalty fee to be determined.

(c) A license may be renewed up to 60 days past the license’s expiration date, by submitting to the Division of Professional Regulation payment of the penalty fee referred to in subsection (b) of this section and proof of completion of continuing education requirements. The license of a nurse who fails to renew on time is considered lapsed and the nurse is not permitted to work until the license is renewed. Licensees who fail to renew during the renewal period or during the 60-day late renewal period must apply for reinstatement.

(d) After a license has lapsed or been inactive for 5 or more years and the applicant has not been in active practice in professional or practical nursing in the past 5 years, the applicant will be required to give evidence of satisfactory completion of a professional or practical nursing refresher program within an approved agency within 1 year prior to reinstatement before licensure by reinstatement will be granted. In the event no refresher course is available the Board may consider alternate methods of evaluating current knowledge in professional or practical nursing.

(e) Any person practicing nursing during the time that person’s license has lapsed shall be considered an illegal practitioner and shall be subject to the penalties provided for violations of this chapter.

(f) Any person licensed under this chapter who desires to retire from practice in this State shall so notify the Board. Upon receipt of such notice, the Board shall place the name of such person on a nonpracticing list. While on this list, such person shall not be required to pay any license fee, and shall not practice nursing in this State. When such person desires to resume practice, application for renewal shall be made under subsection (a) of this section and the license shall be reactivated if the requirements of the Board are met.

(g) Temporary permits to practice nursing may be issued by the Board to persons who have requested reinstatement of their license, if they have practiced nursing within the past 5 years.

(h) Every registered or licensed practical nurse licensed under this chapter primarily engaged in the practice of electrolysis shall be exempt from the requirement in subsection (a) of this section that states in the event the applicant has not been actively employed in professional practical nursing in the past 5 years, the applicant will be required to give evidence of satisfactory completion of a professional or practical nursing refresher program within 2 years prior to renewal before licensure by renewal will be granted.

(i) An individual licensed under this chapter may, upon written request to the Board, be placed in an inactive status in accordance with the Board’s rules and regulations. An individual may reenter practice from inactive status if the individual provides written notification to the Board of the individual’s intent and complies with any relevant provisions of this chapter and the Board’s regulations.
24 Del. C. § 2504 — Delaware Code / Title 24 / Chapter 25 / Subchapter I / Section 2504
§ Â
        2504. Organization; meetings; officers; quorum; Executive Secretary [Effective until June 30, 2026].
Status: in_force

(a) The Board shall hold regularly scheduled business meetings at least 6 times in a calendar year, and at other times as the President of the Board considers necessary, and at the request of a majority of the Board members.

(b) The Board shall elect annually a president and other officers as it considers appropriate and necessary to conduct business. Each term of office is for 1 year. An officer may not serve for more than 3 consecutive terms in the same office.

(c) The Executive Secretary, who is an ex officio member of the Board without a vote, is responsible for the performance of the regular administrative functions of the Board and other duties as the Board may direct.

(d) A majority of the members of the Board constitutes a quorum for the purpose of transacting business; however, no disciplinary action may be taken without the affirmative vote of at least 5 members.

(e) Minutes of all meetings must be recorded. The Executive Secretary shall maintain copies of the recorded minutes. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared must be made. The person requesting a transcript incurs the expense of preparing the transcript.
24 Del. C. § 1799D — Delaware Code / Title 24 / Chapter 17 / Subchapter X / Section 1799D
§ Â
        1799D. Reciprocal licensing.
Status: in_force

All applicants for reciprocal licensing must possess a current license in another state which has licensing requirements equal to or exceeding the requirements of this subchapter, and there may not be any outstanding or unresolved complaints against the applicant.
24 Del. C. § 4020 — Delaware Code / Title 24 / Chapter 40 / Subchapter III / Section 4020
§ Â
        4020. Penalty.
Status: in_force

A person, not currently licensed as an appraiser under this chapter, when guilty of engaging in the practice of appraising, or using in connection with the 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 act as an appraiser, such offender shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 or more than $1,000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 or more than $2,000 for each offense. Justice of the Peace Court shall have jurisdiction over all violations of this chapter.
24 Del. C. § 2621 — Delaware Code / Title 24 / Chapter 26 / Section 2621
§ Â
        2621. Physical therapists eligible for compensation from insurance [For application of this section, see 85 Del. Laws, c. 251, Â 4].
Status: in_force

(a) 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 a physical therapist is authorized by law to perform a particular service, the physical therapist is entitled to compensation for that physical therapist’s services under such plans and contracts, and such plans and contracts are prohibited from placing annual or lifetime numerical limits on physical therapy visits for the treatment of the spine and other neuromusculoskeletal structures, including extremities.

(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 physical therapist under the policy, contract, or certificate for the treatment, therapy, or service provided.

(c) The Insurance Commissioner shall issue and administer regulations to aid the administration, effectuation, investigation, and enforcement of this section.
24 Del. C. § 2907 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2907
§ Â
        2907. Qualifications of applicant; application; examination; report to Attorney General; judicial review.
Status: repealed

(a) All applicants shall meet the following conditions:

(1) Shall be competent to transact real estate services by meeting the requirements of this section and the rules and regulations;

(2) Shall not have been the recipient of any administrative penalties regarding real estate services, in this or any other jurisdiction, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has not entered into any “consent agreements” which contain conditions placed by a licensing commission or board on that applicant’s professional conduct and practice, including any voluntary surrender of a license. Notwithstanding the foregoing, the Commission, after a hearing, may determine whether such administrative penalty is grounds to deny licensure.

(3) Shall not have any impairment related to drugs, alcohol or a finding of mental incompetence by a physician that would limit the applicant’s ability to undertake that applicant’s practice in a manner consistent with the safety of the public.

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

a.-d. [Repealed.]

(b) Salesperson. — An applicant who is applying for licensure as a salesperson under this chapter shall submit evidence, verified by oath and satisfactory to the Commission, that such applicant:

(1) Meets the requirements of subsection (a) of this section.

(2) Is at least 18 years of age.

(3) Has successfully completed a prescribed prelicensing course of instruction including real estate principles and practices and Delaware real estate law.

(4) Has passed a uniform national and state examination for salespersons, as is contractually arranged for, with a nationally recognized independent testing service, by the Division; and

(5) Has provided such information as may be required on an application form designed and furnished by the Commission with the approval of the Division. No application form shall require information relating to citizenship, place of birth or length of state residency; nor require personal references.

(c) Associate broker. — An applicant who is applying for licensure as an associate broker under this chapter shall submit evidence, verified by oath and satisfactory to the Commission, that such applicant:

(1) Meets the requirements of subsection (a) of this section.

(2) Is at least 23 years of age.

(3) Has the experience requirements as specified under the rules and regulations.

(4) Has the financial prerequisites set forth in the rules and regulations.

(5) Has successfully completed a prescribed prelicensing course of instruction for brokers including real estate principles and practices and Delaware real estate law.

(6) Has passed a uniform national and state examination for brokers, as is contractually arranged for, with a nationally recognized independent testing service, by the Division; and

(7) Has provided such information as may be required on an application form designed and furnished by the Commission with the approval of the Division. No application form shall require a picture of the applicant; require information relating to citizenship, place of birth or length of State residency; nor require personal references.

(d) Broker. — In addition to the requirements of subsection (c) of this section, an applicant who is applying for licensure as a broker under this chapter shall submit verification of the applicant’s responsibility for the day to day management and supervision of a brokerage organization and meet the experience and education requirements as defined in the rules and regulations.

(e) Where the Commission 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.

(f) Where the applicant has been refused or rejected and such applicant feels that the Commission has acted without justification; has imposed higher or different standards 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.

(g) Every application for a license under this chapter shall be accompanied by the fee prescribed by § 2908 of this title and payment of a Guaranty Fund fee.
24 Del. C. § 5608 — Delaware Code / Title 24 / Chapter 56 / Section 5608
§ Â
        5608. Oath.
Status: in_force

Upon appointment, the Board shall issue to each constable a commission and the constable so appointed shall, before acting or performing duties as a constable, take and subscribe, before any officer authorized by the laws of this State to administer oaths, the oath or affirmation prescribed by § 1 of Article XIV of the Constitution of Delaware. The oath or affirmation shall not be recorded at the recorder of deeds.
24 Del. C. § 2014A — Delaware Code / Title 24 / Chapter 20A / Section 2014A
§ Â
        2014A. Construction and severability.
Status: in_force

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
24 Del. C. § 3314 — Delaware Code / Title 24 / Chapter 33 / Subchapter II / Section 3314
§ Â
        3314. 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. A license in “good standing” is defined in § 3313(a)(3)-(6) of this title; and

(b) The applicant has passed the national examination designated by the Board pursuant to § 3306 of this title excluding the Clinical Competency Test prior to 1996, unless at the time the applicant became licensed in the State, District of Columbia, or territory of the United States, from which that applicant is applying, the national examination designated by the Board was/were not required by this State (in which case, the applicant need only present evidence of passing whatever national licensing examinations were required of entry level licensees in this State at that time).

(c) Applicants who are not graduates of schools of veterinary medicine accredited by the American Veterinary Medical Association must possess a certificate issued by a certifying commission approved by the Board.

(d) The Board shall grant a license to an applicant, who was previously licensed as a veterinarian in this State, and who has let that applicant’s license lapse, subject to the applicant’s meeting the requirements of subsection (a) of this section, and continuing education requirements as provided for in the Board’s rules and regulations.

(e) If a disciplinary proceeding or unresolved complaint is pending in this State or another state, the applicant may not be licensed in this State until the proceeding or complaint is resolved. An applicant for licensure as a veterinarian in this State is deemed to have given consent to the release of information related to the pending disciplinary proceeding or unresolved complaint, and to waive all objections to the admissibility of the information as evidence at any hearing or other proceeding to which the applicant may be subject.
24 Del. C. § 903 — Delaware Code / Title 24 / Chapter 9 / Section 903
§ Â
        903. Sale to persons under 21 or intoxicated persons.
Status: in_force

No person shall sell to a person under the age of 21 or any intoxicated person any of the articles referred to in the first paragraph of § 901 of this title.
24 Del. C. § 5604 — Delaware Code / Title 24 / Chapter 56 / Section 5604
§ Â
        5604. Duties and responsibilities of the Board.
Status: in_force

The Board has the authority to:

(1) Promulgate, adopt and, from time to time, revise such rules, regulations, and standards not inconsistent with the law as may be necessary to enforce the provisions of this chapter.

(2) Review applications and grant commissions for constables upon review of an applicant’s background, criminal history, work experience, and any other information the Board deems necessary.

(3) Conduct such further inquiry and investigation as the Board deems appropriate in order to satisfy itself of the good character, competency, and integrity of the applicants.

(4) Appoint and commission those applicants who have, as determined by the Board, satisfied the requirements of this chapter and its rules and regulations, and who are otherwise qualified to serve as constables.

(5) Establish minimum qualifications for applicants by rule or regulation, and yearly continuing legal and in-service training requirements for commissioned constables.

(6) Deny an applicant a commission, or suspend or revoke the commission of a constable, where the applicant or constable fails to meet required standards or violates this chapter, or violates a rule or regulation promulgated under this chapter.

(7) Promulgate rules and regulations for commissioned constables to carry and use, while on duty, batons, night sticks, chemical spray, conducted electrical weapons, canines, firearms, and projectile weapons.

(8) Establish standards and requirements for firearms training and training in the use of force, including the use of deadly force, for constables applying to the Board to carry firearms or projectile weapons while on duty. Constables who fail to meet the standards for carrying a firearm or projectile weapon or fail to successfully complete firearms or projectile weapons training are prohibited from carrying a firearm or projectile weapon while on duty.

(9) Grant or deny renewal applications. The Board has the authority to deny renewal of a constable’s commission where the constable fails to meet the required standards of this chapter or violates a provision of this chapter, or any rule or regulation promulgated under this chapter.

(10) Conduct hearings for denial, suspension or revocation of a commission.

(11) Issue subpoenas to compel the attendance of witnesses, order discovery for the production of documents, and administer oaths to persons testifying at hearings.

(12) Establish reasonable application and renewal fees that equate with all costs necessary to defray the expenses of the Board.
24 Del. C. § 5319 — Delaware Code / Title 24 / Chapter 53 / Subchapter II / Section 5319
§ Â
        5319. Qualifications of applicants for massage establishments.
Status: in_force

(a) All massage establishments must be licensed pursuant to this chapter. Applications for licensure shall be submitted together with the required fees set by the Division of Professional Regulation.

(b) An application for massage establishment licensure shall identify the professional-in-charge and shall include notarized acknowledgement by the person identified as the professional-in-charge. At all times, the professional-in-charge shall be licensed pursuant to this chapter and shall hold a license in good standing as defined in this title. A licensee may serve as professional-in-charge for only 1 establishment at any given time, unless the licensee has sought and received a waiver. The Board shall be notified in writing of any change in the professional-in-charge within 10 business days of such change.

(c) Massage establishments shall employ only licensed massage and bodywork therapists or certified massage technicians to practice massage and bodywork.

(d) No massage establishment shall be used as or for a dormitory nor shall any licensee under this chapter permit any massage establishment to be so used.

(e) The Board shall establish by regulation the permissible operating hours of massage establishments, as well as the mechanisms to apply for a waiver. Services shall be rendered to the public in any massage establishment only during permissible operating hours when the establishment is open and may be inspected by any agent of the Division.

(f) (1) All internal and external doors shall be kept unlocked during operating hours except as follows:

a. Restroom doors may be locked.

b. External doors may be locked if the massage establishment is a business entity owned by 1 individual and has no more than 1 employee or independent contractor.

c. Internal doors may be locked to protect confidential patient or business information.

(2) If the inspecting official requests access to doors locked under this subsection during an inspection, the doors must be opened immediately. A person who refuses to immediately open a locked door during an inspection is unlawfully operating or managing the massage establishment under § 5317(c) of this title.

(g) No professional-in-charge of a massage establishment may allow, authorize, or tolerate in that professional-in-charge’s massage establishment any activity or behavior prohibited by the laws of the State including such laws proscribing acts of or promotion of prostitution, indecent exposure, lewdness or obscenity.

(h) Any conviction of any crime identified in paragraph (g) of this section occurring on or in connection with the massage establishment shall be grounds for revocation of the license of the establishment and no new license for the operation of a massage establishment on the same premises or to the same professional-in-charge thereafter shall be issued for a period of 1 year.

(i) A massage establishment license issued pursuant to this chapter shall be issued for a single, identified location and is not assignable or transferable.

(j) A massage establishment may not advertise for sexually explicit services or engage in any sexually explicit advertising. Any such advertising will be imputed to the professional-in-charge and is grounds for discipline of the massage establishment license and the professional-in-charge’s license.

(k) The Board may establish by regulation additional requirements and prohibitions regarding the operation of massage establishments.
24 Del. C. § 1921 — Delaware Code / Title 24 / Chapter 19 / Section 1921
§ Â
        1921. Applicability of chapter.
Status: repealed

(a) This chapter does not apply to the following situations:

(1) Nursing services rendered during an epidemic or a state or national disaster;

(2) The rendering of assistance by anyone in the case of an emergency;

(3) Emergency services rendered by ambulance personnel trained in advanced life support under a licensed physician’s supervision as defined in Chapter 97 of Title 16. “Advanced life support” is defined in Chapter 97 of Title 16;

(4) The incidental care of the sick in private homes by members of the family, friends, domestic servants or persons primarily employed as housekeepers;

(5) Nursing services rendered by a student enrolled in a State Board of Nursing approved school of professional or practical nursing when these services are incidental to the course of study; or those nursing services rendered by a professional nurse or practical nurse enrolled in a State Board of Nursing approved refresher course pending reinstatement, reactivation or endorsement of licensure;

(6) The practice of nursing in this State by a nurse licensed in another state whose employment requires such nurse to accompany and care for a patient temporarily in this State, provided the nursing services are not rendered for more than 3 months within 1 year and such nurse does not claim to be licensed in this State;

(7) The practice of nursing by a nurse licensed in another state employed by the United States government or any bureau, division or agency thereof;

(8) The practice of nonmedical nursing in connection with healing by prayer or spiritual means in accordance with the tenets and practice of a well-recognized church or religious denomination, provided that persons practicing such nonmedical nursing do not claim to be licensed under this chapter;

(9) Auxiliary care services performed by nurse’s aides, attendants, orderlies and other auxiliary workers in medical care facilities, or elsewhere by persons under the direction and supervision of a person licensed to practice nursing, medicine, dentistry or podiatry, and performing those services which are routine, repetitive and limited in scope, and that do not require the professional judgment of a registered nurse or a licensed practical nurse; provided, however, that nothing contained herein shall limit the right of any person to act pursuant to [former] § 1703(e)(7) of this title [repealed], or persons employed in similar positions in the offices of podiatrists or dentists without being licensed under this chapter;

(10) The administration of prescription or nonprescription medication by child care providers who have successfully completed a state-approved medication training program and who administer the medication to a child in child day care homes or child day care centers regulated by the State under The Delaware Child Care Act, Chapter 30A of Title 14.

a. Medication may be administered under this paragraph (a)(10) if the child’s parent or legal guardian provides all of the following:

1. Written permission for the administration of the medication.

2. The medication in its original container, properly labeled.

b. Properly labeled medication must include instructions for administration of the medication;

(11) Nursing services rendered by a graduate of a State Board of Nursing approved school of professional or practical nursing working under supervision, pending results of the first licensing examination. The Board shall establish the procedure and extent to which subsequent examinations may be taken and the length of time and the character of nursing service which may be rendered pending subsequent examinations;

(12) The practice of any currently licensed registered nurse or licensed practical nurse of another state who provides or attends educational programs or provides consultative services within this State not to exceed 14 days in any calendar year. Neither the education nor consultation may include the provision of patient care, the direction of patient care or the affecting of patient care policies.

(13) Educators, coaches, or persons hired or contracted by schools serving students in kindergarten through grade 12 who assist students with medications that are self-administered during school field trips and approved school activities outside the traditional school day or off-campus that have completed a Board of Nursing approved training course developed by the Delaware Department of Education;

(14) Attendants providing basic and ancillary services defined and regulated by the Department of Health and Social Services in conformity with the Community-Based Attendant Services Act, Chapter 94 of Title 16;

(15) A competent individual who does not reside in a medical facility or a facility regulated pursuant to Chapter 11 of Title 16, may delegate to unlicensed persons performance of health-care acts, unless of a nature excluded by the Board through regulations, provided:

a. The acts are those individuals could normally perform themselves but for functional limitations; and

b. The delegation decision is entirely voluntary.

c. Nothing contained herein shall diminish any legal or contractual entitlement to receive health-care services from licensed or certified personnel;

(16) The limited lay administration of medications pursuant to § 1932 of this title.

(17) a. The administration of prescription or nonprescription medications by a direct care worker to an adult individual who resides in the adult individual’s own residence if the administration is authorized by a responsible caregiver and all of the following apply:

1. The responsible caregiver prepackages the medication to be given by the direct care worker by date and time and provides the direct care worker with written instructions regarding the administration procedure. Each medication must be packaged separately and labeled with the medication name and dosage. The responsible caregiver may decide which medication is to be given by the direct care worker to the adult individual.

2. The responsible caregiver and a personal assistance services agency enter into an agreement regarding the administration of medication under this paragraph (a)(17). The agreement must include confirmation by the responsible caregiver that both the medication to be administered and the process for administering the medication are safe and appropriate.

b. For purposes of this paragraph (a)(17):

1. “Direct care worker” means an individual employed by or under contract to a personal assistance services agency to provide a consumer with personal care services, companion services, homemaker services, transportation services, and those services authorized by this paragraph (a)(17).

2. “Residence” means a dwelling considered to be home by an adult individual. “Residence” does not include any facility licensed by the Department of Health and Social Services under Title 16 or Title 29.

3. “Responsible caregiver” means an individual 18 years old or older who is the primary caretaker for an adult individual.

c. This paragraph (a)(17) applies to the administration of prescription or nonprescription medications by any route except the following:

1. Injection.

2. Intravenous therapy.

3. Through the rectum or vagina.

4. Through a catheter.

5. Through a feeding tube, including nasogastric, gastrostomy, or jejunostomy tubes.

d. This paragraph (a)(17) does not apply to the administration of a controlled substance listed on Schedule II or IV under subchapter II of Chapter 47 of Title 16.

e. A direct care worker may administer medication under this paragraph (a)(17) only if the worker has successfully completed an administration of medications training program approved by the Secretary of Department of Health and Social Services.

f. A direct care worker who administers medication under this paragraph (a)(17) shall document, in writing, the medications administered by the worker and provide the documentation to the personal assistance services agency that employs the worker. The personal assistance services agency shall retain the documentation and make it available to the Secretary of Department of Health and Social Services for inspection on request.

g. A personal assistance services agency, or its employees or authorized agents, is not liable for the death of or injury to an adult individual caused by an act or omission of a direct care worker under this paragraph (a)(17), unless the adult individual’s death or injury was caused in part or solely by the negligence of the personal assistance services agency, or its employees or authorized agents.

h. In any action for negligence based upon a claim of a failure to adequately train or instruct a direct care worker, it is a defense that the direct care worker was given and following instructions provided under this paragraph (a)(17) of this section.

(b) Persons involved in the rendering of electrolysis treatments shall be eligible for licensing under this chapter regardless of whether the applicant is in compliance with § 1910(6) of this title, or § 1914(6) of this title, so long as such applicants are in compliance with either § 1910(1)-(5) or § 1914(1)-(5) of this title.
24 Del. C. § 1821 — Delaware Code / Title 24 / Chapter 18 / Subchapter III / Section 1821
§ Â
        1821. Qualifications of applicant â Heating, ventilation, air conditioning, and refrigeration.
Status: repealed

(a) An applicant for licensure as a master HVACR licensee, or master HVACR restricted licensee, must 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 an HVACR, or HVACR restricted apprenticeship program that meets or exceeds the Federal Bureau of Apprenticeship and Training Standards and, thereafter, performed HVACR, or HVACR restricted services for 2 years under the supervision of a master HVACR licensee, or master HVACR restricted licensee, or an individual holding a similar level of licensure in another state; or has performed HVACR or HVACR restricted services for 7 years under the supervision of a master HVACR licensee or master HVACR restricted licensee or an individual 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 HVACR licensee or master HVACR restricted licensee after fulfilling the experience and/or training requirements of this section;

(3) Has been certified at the appropriate level for handling chlorofluorocarbons (CFC’s) by a testing organization approved by the Environmental Protection Agency;

(4) Has not received any administrative penalties regarding that 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 HVACR services. The Board may determine after a hearing whether the imposition of a particular administrative penalty is grounds to deny licensure;

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

(6) Does not have any disciplinary proceedings or unresolved complaints pending against that applicant in any jurisdiction where that applicant has previously been or is currently authorized to provide HVACR or HVACR restricted services; and

(7) Does not have a criminal conviction record for a crime that is substantially related to providing HVACR or HVACR restricted 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)(7) if, after consideration of the factors set forth in § 8735(x)(3) of Title 29, the Board, Board President, or the Board President’s designee determines that the granting of a waiver would not create an unreasonable risk to public safety.

a.-d. [Repealed.]

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

(b) The Board may waive the requirements of paragraph (a)(4) or (7) 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.

(f) [Repealed.]
24 Del. C. § 3618 — Delaware Code / Title 24 / Chapter 36 / Subchapter III / Section 3618
§ Â
        3618. Penalty.
Status: in_force

A person not currently licensed as a geologist under this chapter, when guilty of engaging in the practice of geology, 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 geology, such offender shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 nor more than $1,000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 nor more than $2,000 for each offense. Justice of the Peace Court shall have jurisdiction over all violations of this chapter.
24 Del. C. § 2514 — Delaware Code / Title 24 / Chapter 25 / Subchapter II / Section 2514
§ Â
        2514. Complaints [Effective until June 30, 2026].
Status: in_force

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

(b) If the Board determines that a person is engaging in or has engaged in the practice of pharmacy or is using the title “pharmacist” and is not licensed to practice pharmacy pursuant to § 2507 of this title, the Board shall request that the Office of the Attorney General issue a cease and desist order.
24 Del. C. § 3304 — Delaware Code / Title 24 / Chapter 33 / Subchapter I / Section 3304
§ Â
        3304. Board of Veterinary Medicine â Appointment; composition; qualifications; term of office; suspension or removal; compensation.
Status: in_force

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

(b) The Board of Veterinary Medicine shall consist of 7 members appointed by the Governor: 3 professional members who shall be licensed veterinarians; 2 professional members who shall be licensed veterinary technicians appointed so that the terms of the 2 newly appointed veterinary technicians do not expire in the same year; and 2 public members. To serve on the Board, a public member shall not be nor ever have been a veterinarian or veterinary technician, nor a member of the immediate family of a veterinarian or veterinary technician; shall not have been employed by a veterinarian or veterinary technician; shall not have had a material financial interest in the providing of goods and services to veterinarian or veterinary technicians nor have been engaged in an activity directly related to veterinary medicine or veterinary technicians. Such public member shall be accessible to inquiries, comments and suggestions from the general public.

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

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

(e) 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.

(f) 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.

(g) No member of the Board, while serving on the Board, shall hold elective office in any state or national professional association of veterinarians or veterinary technicians. Board members are prohibited from serving as an officer of their 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) Each Board member 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. § 3908 — Delaware Code / Title 24 / Chapter 39 / Section 3908
§ Â
        3908. Examination.
Status: in_force

(a) The Board shall promulgate regulations to designate each of the following:

(1) An examination, as described in § 3906(a)(3) of this title, to be administered to applicants.

(2) The maximum number of times an applicant may take the national examination designated under paragraph (a)(1) of this section.

(b) In the event the applicant has already taken and passed the national examination designated under paragraph (a)(1) of this section, the Board shall accept the certificate or other evidence of successful completion, and the applicant is not required to take any further state examination.
24 Del. C. § 3707A — Delaware Code / Title 24 / Chapter 37A / Section 3707A
§ Â
        3707A. Active duty military personnel or their spouses.
Status: in_force

Active duty military personnel, or their spouse, 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.
24 Del. C. § 1723A — Delaware Code / Title 24 / Chapter 17A / Section 1723A
§ Â
        1723A. Severability and construction.
Status: in_force

(a) The provisions of the Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.

(b) The provisions of the Compact shall be liberally construed to effectuate its purposes.

(c) Nothing in the Compact shall be construed to prohibit the applicability of other interstate compacts to which the member states are members.
24 Del. C. § 6114 — Delaware Code / Title 24 / Chapter 61 / Section 6114
§ Â
        6114. Hearing procedures.
Status: in_force

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

(b) Upon a decision or other final order of the Board, an elevator mechanic who disagrees with the action of the Board may appeal the Board’s decision to the Superior Court within 30 days of service or of the postmarked date of the copy of the decision mailed to the elevator mechanic. Upon such appeal the Court shall hear the evidence on the record. Stays may be granted in accordance with § 10144 of Title 29.
24 Del. C. § 2802 — Delaware Code / Title 24 / Chapter 28 / Section 2802
§ Â
        2802. Declaration of purpose; unlawful practice.
Status: in_force

In order to safeguard life, health, and property and to promote the public welfare, the practice of engineering in this State is hereby declared to be subject to regulation in the public interest. It shall be unlawful for any person to practice or to offer to practice engineering in this State; to use in connection with such person’s name, by verbal claim, sign, advertisement, letterhead, card or to in any other way, represent himself or herself to be an engineer, a professional engineer or through the use of some other title imply that such person is a professional engineer licensed under this chapter; or to advertise any title or description tending to convey the impression that such person is a professional engineer unless such person has been duly licensed, authorized or exempted under this chapter. The right to engage in the practice of engineering shall be deemed a personal right based on the qualifications of the individual as evidenced by such person’s certificate of licensure, which shall not be transferable.
24 Del. C. § 213 — Delaware Code / Title 24 / Chapter 2 / Section 213
§ Â
        213. Grounds for discipline; procedure.
Status: in_force

(a) Practitioners regulated under this chapter shall be subject to those disciplinary actions set forth in § 214 of this title if, after a hearing, the Board finds:

(1) That the practitioner has employed or knowingly cooperated in fraud or material deception in order to be licensed, or be otherwise authorized to practice landscape architecture;

(2) Illegal, incompetent or negligent conduct in the practice of landscape architecture;

(3) Excessive use or abuse of drugs (including alcohol, narcotics or chemicals);

(4) That the practitioner has been convicted of a crime that is substantially related to the practice of landscape architecture;

(5) That the practitioner, as a landscape architect or otherwise in the practice of the profession, knowingly engaged in an act of consumer fraud or deception, engaged in the restraint of competition or participated in price-fixing activities;

(6) That the practitioner has violated a lawful provision of this chapter, or any lawful regulation established thereunder.

(b) A practitioner shall be subject to nondisciplinary remedial action if, after a hearing, the Board finds that there is a danger to the health, safety and welfare of the public due to:

(1) Physical illness or loss of motor skill, including but not limited to deterioration through the aging process;

(2) Temporary emotional disorder or mental illness; or

(3) Permanent emotional disorder or mental illness.

(c) If a practitioner’s physical or mental capacity to practice safely is at issue in a nondisciplinary remedial proceeding, the Board may order the practitioner to submit to a reasonable physical or mental examination. Failure to comply with a lawful order to submit to a physical or mental examination shall render a practitioner liable to temporary suspension or revocation of license in accordance with § 214 of this title.

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

(e) Subject to subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board; and no practitioner’s right to practice shall be limited by the Board, until such practitioner has been given notice, and an opportunity to be heard in accordance with the Administrative Procedures Act [29 Del. C. § 10101 et seq.].
24 Del. C. § 1741 — Delaware Code / Title 24 / Chapter 17 / Subchapter IV / Section 1741
§ Â
        1741. Complaints of unsanitary or unsafe conditions.
Status: in_force

(a) A person certified or licensed under this chapter may be disciplined by the Board for maintaining a facility in an unsanitary or unsafe condition, by means of levying a fine, or by the restriction, suspension, or revocation, either permanent or temporary, of that person’s certificate or license, or by other appropriate action, which may include a requirement that a person who is disciplined must complete specified continuing education courses. For purposes of this section, “facility” shall have the same meaning as defined in § 122(3)y.3.C. of Title 16.

(b) The Division shall have the authority to conduct inspections upon receipt of any complaint in connection with subsection (a) of this section or upon the occurrence of an adverse event as defined in § 122(3)y.3.A. of Title 16 and, as applicable, to refer such information to the Department of Health and Social Services pursuant to § 122(3)y. of Title 16. In connection herewith, the Division may share information with the Department of Health and Social Services in accordance with applicable law.
24 Del. C. § 2013 — Delaware Code / Title 24 / Chapter 20 / Subchapter II / Section 2013
§ Â
        2013. Fees.
Status: in_force

(a) The amount to be charged for each fee imposed under this chapter must approximate and reasonably reflect all costs necessary to defray the Board’s expenses and the Division’s proportional expenses in its service on behalf of the Board.

(b) A separate fee may be charged for each service or activity, but no fee may be charged for a purpose not specified in this chapter.

(c) The application fee must not be combined with any other fee or charge.

(d) At the beginning of each licensure biennium, the Division or other state agency acting on the Division’s behalf shall compute, for each separate service or activity, the appropriate Board fees for the coming licensure biennium.
24 Del. C. § 4414 — Delaware Code / Title 24 / Chapter 44 / Subchapter II / Section 4414
§ Â
        4414. The Manufactured Home Installation Board; vacancies; suspension or removal; member conduct; unexcused absences; compensation.
Status: in_force

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

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

(c) 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.

(d) 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. § 1779 — Delaware Code / Title 24 / Chapter 17 / Subchapter VII / Section 1779
§ Â
        1779. Prohibited acts; penalties; enforcement.
Status: in_force

(a) A person may not practice respiratory care in this State or represent that the person is a respiratory care practitioner or knowingly allow himself or herself to be represented as a respiratory care practitioner unless the person is licensed under this subchapter, except as otherwise provided in this chapter.

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

(c) The Office of the Attorney General is charged with the enforcement of this subchapter.

(d) Notwithstanding the provisions of subsection (a) of this section, a respiratory therapist having a current license issued in another state or the District of Columbia may provide respiratory care within their scope of practice in connection with the interstate transport of a patient without obtaining a license to practice respiratory care in this State. This exemption is limited to the immediate transport need.
24 Del. C. § 2721 — Delaware Code / Title 24 / Chapter 27 / Subchapter III / Section 2721
§ Â
        2721. Counseling; letter of concern.
Status: in_force

(a) The Board may determine after an investigation that a violation of this chapter or of the rules and regulations enacted pursuant to this chapter which warrants formal disciplinary action has not occurred, but that an act or omission of the licensee is a matter of concern and that the licensee’s practice may be improved if made aware of the concern. The Board Chair, with the concurrence of the Board, may issue a nondisciplinary, confidential letter of concern regarding the licensee’s act or omission.

(b) If a person licensed to practice land surveying receives a total of 3 letters of concern and/or letters of counseling pursuant to this section, the Board may reasonably require a formal assessment of professional competency to assess the licensee’s ability in order to protect the health and safety of the public.
24 Del. C. § 5605 — Delaware Code / Title 24 / Chapter 56 / Section 5605
§ Â
        5605. Duties of the Professional Licensing Section.
Status: in_force

(a) The Professional Licensing Section shall do the following:

(1) Keep a register of all constable commission applications, including approvals and denials thereof, and of all renewal applications.

(2) Be responsible for recording and maintaining the minutes of all board meetings.

(3) Keep a complete record relating to board meetings, including but not limited to, rosters, amendments to the Board’s rules and regulations, investigations, fees, hearings, and such other matters as the Board determines.

(b) The Professional Licensing Section may suspend, revoke, or issue an emergency suspension, of a commissioned constable who has been arrested, when the arrest may result in a felony or misdemeanor conviction, or where the commissioned constable has violated this chapter or any rule or regulation promulgated under this chapter.
24 Del. C. § 1412 — Delaware Code / Title 24 / Chapter 14 / Subchapter II / Section 1412
§ Â
        1412. Grounds for discipline.
Status: in_force

(a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 1414 of this title, if, after a hearing, the Board finds that the practitioner has:

(1) Employed, or knowingly cooperated in, fraud or material deception in order to acquire a license as an electrician; 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 electrician to represent himself or herself as a licensed electrician;

(2) Illegally, incompetently or negligently provided electrical services;

(3) Performed electrical work in a category for which the practitioner is not licensed;

(4) Been convicted of any offense, the circumstances of which substantially relate to the performance of electrical work. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor;

(5) Excessively used or abused drugs;

(6) Engaged in an act of consumer fraud or deception of the public;

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

(8) Had the practitioner’s license as an electrician suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as an electrician in this State shall be deemed to have given consent to the release of this information by the Board, or other comparable agencies in another jurisdiction, and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;

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

(b) Subject to the provisions of subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no practitioner’s right to practice as an electrician shall be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].
24 Del. C. § 1705 — Delaware Code / Title 24 / Chapter 17 / Subchapter I / Section 1705
§ Â
        1705. Accreditation of facilities where office-based surgeries are performed.
Status: in_force

No person licensed under this chapter shall perform any office-based surgery, as defined in § 122(3)y. of Title 16, in a facility unless such facility is accredited or licensed in accordance with § 122(3)z. of Title 16. For purposes of this section, “facility” and “office-based surgery” mean as defined in § 122(3)y. of Title 16.
24 Del. C. § 514 — Delaware Code / Title 24 / Chapter 5 / Subchapter II / Section 514
§ Â
        514. 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 podiatry, or is using the title “podiatrist” 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.

(c) The Division shall have the authority to conduct inspections upon receipt of any complaint in connection with § 515(a)(8) of this title or upon the occurrence of an adverse event as defined in § 122(3)y.3.A. of Title 16 and, as applicable, to refer such information to the Department of Health and Social Services pursuant to § 122(3)y. of Title 16. In connection herewith, the Division may share information with the Department of Health and Social Services in accordance with applicable law.
24 Del. C. § 3001 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3001
§ Â
        3001. Objectives.
Status: in_force

(a) The primary objective of the Board of Mental Health and Chemical Dependency Professionals, 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 licensee competency and to maintain certain standards in the delivery of services to the public. In meeting these objectives, the Board shall develop standards assuring professional competence; monitor complaints brought against licensees regulated by the Board; adjudicate at formal hearings; promulgate rules and regulations; and impose sanctions where necessary.
24 Del. C. § 1770A — Delaware Code / Title 24 / Chapter 17 / Subchapter VI / Section 1770A
§ Â
        1770A. Physician assistants; definitions.
Status: in_force

For purposes of this subchapter:

(1) “Collaborating physician” means physicians licensed by the Board who practices with a physician assistant using a Collaborative Agreement.

(2) “Collaboration” or “collaborating” means a process in which the physician who oversees patient services and the physician assistant jointly contribute to the healthcare and medical evaluation and treatment or management of patients with each performing actions the physician and physician assistant is individually licensed for and has the education, training, and experience to perform. The collaborating physician must be available for consultation with the physician assistant during the time of the patient encounter with the physician assistant, if necessary to provide advice on the ongoing care of the patient. The constant physical presence of thecollaborating physician is not required on-site in the practice setting, provided that the collaborating physician is readily accessible by some form of electronic communication.

(3) “Collaborative agreement” means a written document expressing an arrangement of collaboration between a licensed physician and a physician assistant.

(4) “Physician assistant” or “PA” means an individual who meets all of the following:

a. Has graduated from a physician assistant or surgeon assistant program which is accredited by the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA) or, before 2001, by the Committee on Allied Health Education and Accreditation (CAHEA) of the American Medical Association (AMA), or a successor agency acceptable to and approved by the Board, or has passed the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants before 1986.

b. Has a baccalaureate degree or the equivalent education to a baccalaureate degree, as determined by the Council and the Board.

c. Has passed a national certifying examination acceptable to the Regulatory Council for Physician Assistants and approved by the Board.

d. Is licensed under this chapter to practice medicine as a physician assistant.

e. Has completed any continuing education credits required by rules and regulations developed under this chapter.

f. Completes a collaborative agreement with the collaborating physician.
24 Del. C. § 6110 — Delaware Code / Title 24 / Chapter 61 / Section 6110
§ Â
        6110. Fees.
Status: in_force

The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. 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 or biennium.
24 Del. C. § 112 — Delaware Code / Title 24 / Chapter 1 / Section 112
§ Â
        112. Professional responsibilities.
Status: in_force

While § 111(a) of this title requires firms to obtain permits to practice, and § 102(10) of this title defines “firm” to include valid partnerships and corporations, this chapter shall not be interpreted to alter professional responsibility standards. All firms and accountants practicing in firms shall continue to be bound by professional responsibility standards no less stringent than those stated in § 608 of Title 8.
24 Del. C. § 1130 — Delaware Code / Title 24 / Chapter 11 / Subchapter II / Section 1130
§ Â
        1130. Hearing procedures.
Status: in_force

(a) If a complaint is filed with the Board by the office of the Attorney General pursuant to § 8735 of Title 29 alleging violation of § 1128 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) The technical rules of evidence shall not apply to hearings before the Board. If the Board finds, by a majority vote of all members hearing the case, that the complaint has been established by a preponderance of evidence, the Board shall take such action permitted under this chapter as it deems necessary. The Board’s decision shall be in writing and shall include its reasons for such decision. The Board’s decision shall be mailed immediately to the practitioner.

(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court.
24 Del. C. § 1761 — Delaware Code / Title 24 / Chapter 17 / Subchapter V / Section 1761
§ Â
        1761. Physician discontinuing business, leaving the State, or terminating a patient-physician relationship; death of a physician; change of physician and transfer of patient records; patient access to records.
Status: in_force

(a) (1) A person certified to practice medicine under this chapter who is discontinuing a medical-practice business in this State, who is leaving this State, or terminating a patient-physician relationship for any reason and who is not transferring patient records to another person certified to practice medicine shall notify that person’s affected patients of record no less than 30 days prior to the discontinuation of physician services.

(2) The notice required under paragraph (a)(1) of this section must include all of the following:

a. How the patient can obtain the patient’s records.

b. The name, phone number, and address of other health-care providers in the area who may be available to accept new patients who require that medical care.

c. The date the physician will discontinue services.

(3) The notice required under paragraph (a)(1) of this section must be provided by all of the following:

a. If the patient is enrolled to receive messages through an electronic medical record system, an electronic message through that system.

b. A letter sent by first-class mail.

(4) Any patient records that have not been procured within 7 years after the person discontinues business, leaves the State, or terminates a patient-physician relationship for any other reason may be permanently disposed of in a manner that ensures confidentiality of the records.

(5) When a physician is closing a medical practice and patient medical records will no longer be available at the physician’s place of business, the physician shall provide to the Board of Medical Licensure and Discipline notice of how former patients may obtain medical records.

(b) (1) If a person certified to practice medicine under this chapter dies and has not transferred patient records to another person certified to practice medicine and has not made provisions for a transfer of patient records to occur upon the person’s death, a personal representative of the person’s estate shall notify the person’s patients of record by publishing a notice to that effect in a newspaper of general circulation in the area where the person practiced. The notice must be published at least 1 time per month over a 3-month period after the person’s death and must explain how a former patient can procure the patient’s patient records.

(2) A personal representative of the person’s estate shall notify all former patients who have not requested their records 30 days after publication in a newspaper by all of the following:

a. If the patient is enrolled to receive messages through an electronic medical record system, an electronic message through that system.

b. A letter sent by first-class mail.

(3) Any patient records that have not been procured within 7 years after the death of the person may be permanently disposed of in a manner that ensures confidentiality of the records.

(4) The personal representative of the person’s estate shall provide the Board of Medical Licensure and Discipline notice of how former patients may obtain medical records.

(c) If a patient changes from the care of 1 person certified to practice medicine to another person certified to practice medicine, the former person shall transfer a copy of the records of the patient to the current person upon the request of either the current person or the patient. The former person may charge for the reasonable expenses of copying the patient’s records, according to a payment schedule established by the Board of Medical Licensure and Discipline. The actual cost of postage or shipping may also be charged if the records are mailed. Alternatively, if the patient and current person agree, the former person may forward to the current person a summary of the patient’s record, in lieu of transferring the entire record, at no charge to the patient. If a patient changes care from 1 person certified to practice medicine to another and fails to notify the former person, or leaves the care of the former person for a period of 7 years from the last entry date on the patient’s record and fails to notify the former person, or fails to request the transfer of records to the current person, then the former person shall maintain the patient’s records for a period of 7 years from the last entry date in the patient’s medical record, after which time the records may be permanently disposed of in a manner that insures confidentiality of the records.

(d) Patients, on their own behalf, shall have the right to obtain a copy of their medical records from any person certified to practice medicine according to a payment schedule established by the Board of Medical Licensure and Discipline. The actual cost of postage or shipping may also be charged if the records are mailed.

(e) This section does not apply to a person certified to practice medicine who has seen or treated a patient on referral from another person certified to practice medicine and who has provided a copy of the record of the diagnosis and/or treatment to the other person, or to a hospital or an agency which has provided treatment for the patient.

(f) A person certified to practice medicine or the personal representative of the estate of such person 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.

(g) Any person certified to practice medicine in this State who violates this section may be found by the Board to have committed unprofessional conduct, and any aggrieved patient or the patient’s personal representative may bring a civil action for damages or injunctive relief, or both, against the violator.

(h) Charges for copies of such records not susceptible to photostatic reproduction, such as radiology films, models, photographs or fetal monitoring strips shall be the full cost of such reproduction.

(i) Payment of all costs may be required by the provider or its third-party release-of-information service prior to the copies of the records being furnished. This subsection shall not apply to copies of the records requested in order to make or complete an application for a disability benefits program.

(j) The Board of Medical Licensure and Discipline shall review fees yearly.

(k) The actual cost of shipping may also be charged if the copies of the records are mailed or shipped to the requester.

(l) A person certified to practice medicine shall have 45 days from the closure of the record or the assembly of a complete record to fulfill a request for medical records unless a faster response is medically necessary.
24 Del. C. § 2004 — Delaware Code / Title 24 / Chapter 20 / Subchapter I / Section 2004
§ Â
        2004. 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, at such times as the chair deems necessary and at the request of a majority of the Board members.

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

(c) A majority of the members constitutes a quorum for the purpose of transacting business. The Board may not take disciplinary action without the affirmative vote of at least 3 members.

(d) Minutes of all meetings must be recorded, and the Division shall maintain copies of meeting minutes. At any hearing where evidence is presented, a record must be made from which a verbatim transcript can be prepared. The person requesting the transcript must pay for the expense of preparing the transcript.
24 Del. C. § 5201 — Delaware Code / Title 24 / Chapter 52 / Subchapter I / Section 5201
§ Â
        5201. Objectives.
Status: in_force

The primary objective of the Board of Examiners of Nursing Home Administrators, 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 when necessary against licensed practitioners.
24 Del. C. § 6116 — Delaware Code / Title 24 / Chapter 61 / Section 6116
§ Â
        6116. Duty to report.
Status: in_force

(a) An owner, operator, manager, or supervisor of a business performing elevator services shall have a duty to report to the Board, if such owner, operator, manager, or supervisor has knowledge that an individual working for or under that owner’s, operator’s, manager’s, or supervisor’s supervision is performing elevator work and does not have the proper license under this chapter.

(b) The report required pursuant to this section must be made in writing to the Board within 10 days of the owner, operator, manager, or supervisor having the required knowledge and must contain the name of the person performing the elevator work without a license.

(c) An owner, operator, manager, or supervisor of a business performing elevator services must check to see if an employee or independent contractor has the proper license under this chapter before allowing such employee or independent contractor to perform work for such owner, operator, manager or supervisor.
24 Del. C. § 6005 — Delaware Code / Title 24 / Chapter 60 / Section 6005
§ Â
        6005. Exceptions.
Status: in_force

(a) Telehealth and telemedicine may be practiced without a health-care provider-patient relationship during:

(1) Informal consultation performed by a health-care provider outside the context of a contractual relationship and on an irregular or infrequent basis without the expectation or exchange of direct or indirect compensation.

(2) Furnishing of assistance by a health-care provider in case of an emergency or disaster when circumstances do not permit the establishment of a health-care provider-patient relationship prior to the provision of care if no charge is made for the medical assistance.

(3) Episodic consultation by a specialist located in another jurisdiction who provides such consultation services at the request of a licensed health-care professional.

(4) Circumstances which make it impractical for a patient to consult with the health-care provider in-person prior to the delivery of telemedicine services.

(b) A mental health provider, behavioral health provider, or social worker licensed in another jurisdiction who would be authorized to deliver health-care services by telehealth or telemedicine under this chapter if licensed in this State pursuant to Chapter 30 (Mental Health and Chemical Dependency Professionals), Chapter 35 (Psychologists), or Chapter 38 (Social Workers) of this title may provide treatment to Delaware residents through telehealth and telemedicine services. The Division of Professional Regulation shall require any out-of-state health-care provider practicing in this State pursuant to this section to complete a Medical Request Form and comply with any other registration requirements the Division of Professional Regulation may establish.
24 Del. C. § 1799H — Delaware Code / Title 24 / Chapter 17 / Subchapter XI / Section 1799H
§ Â
        1799H. Definitions.
Status: in_force

As used in this subchapter:

(1) “ABGC” shall mean the American Board of Genetic Counseling or an organization that is recognized as equivalent.

(2) “ABMGG” shall mean the American Board of Medical Genetics and Genomics or an organization that is recognized as equivalent.

(3) “Active candidate status” or “ACS” shall be conveyed by the ABGC.

(4) “Board” shall mean the Board of Medical Licensure and Discipline.

(5) “Genetic counselor” means an individual who engages in the competent practice of genetic counseling.

(6) “Genetic test” means as defined in § 1201 of Title 16.

(7) “L.G.C.” shall be the abbreviation for the title “licensed genetic counselor”.

(8) “License” shall mean any document which indicates that a person is currently licensed by the Board of Medical Licensure and Discipline to practice genetic counseling.

(9) “NSGC” means the National Society of Genetic Counselors or an organization that is recognized as equivalent.

(10) The “practice of genetic counseling” shall include any or all of the following activities:

a. Obtaining and interpreting individual, family and medical development histories;

b. Determining the mode of inheritance and risk of transmission of genetic conditions;

c. Discussing the inheritance, features, natural history, means of diagnosis;

d. Identifying, coordinating, and ordering of genetic tests, and explaining genetic laboratory tests and other diagnostic studies; provided however, that if in the course of providing a genetic counseling service to any client, a genetic counselor finds any indication of disease or condition that requires medical assessment, the genetic counselor shall refer a client to a physician licensed to practice medicine;

e. Assessing psychosocial factors, recognizing social, educational, and cultural issues;

f. Evaluating the client’s or family’s responses to the condition or risk of recurrence and provide client-centered counseling and anticipatory guidance;

g. Communicating genetic information to clients in an understandable manner;

h. Facilitating informed decision making about testing and management alternatives;

i. Identifying and effectively utilizing community resources that provide medical, educational, financial, and psychosocial support and advocacy;

j. Providing accurate written documentation of medical, genetic, and counseling information for families and health care professionals; and

k. The use of telemedicine as defined in this chapter and, as further described in regulation, the use of and participation in telehealth.
24 Del. C. § 1125 — Delaware Code / Title 24 / Chapter 11 / Subchapter II / Section 1125
§ Â
        1125. Fees.
Status: in_force

The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.
24 Del. C. § 1603 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1603
§ Â
        1603. Commission on Adult Entertainment Establishments.
Status: in_force

(a) The Commission on Adult Entertainment Establishments is hereby established. The Commission shall consist of 5 members who shall be appointed by the Governor and who shall be residents of this State. No person shall be a member if a member of such person’s immediate family is licensed by the Commission, or is an employee of a licensee of the Commission; or if a member of such person’s immediate family has a material or financial interest in the providing of goods or services to a licensee of the Commission.

(b) Members shall serve for terms of 3 years. The Chairperson shall be elected annually by vote of the members. In the event that a member of the Commission for any reason cannot complete a term of office, the Governor shall appoint another person to serve for the remainder of the term.

(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) Each member of the Commission 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.

(f) Three members of the Commission shall constitute a quorum to conduct business. In the absence of the Chairperson, an acting Chairperson shall be designated by the quorum of Commissioners present.

(g) A member of the Commission shall be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. A member subject to disciplinary proceedings 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.
24 Del. C. § 1765 — Delaware Code / Title 24 / Chapter 17 / Subchapter V / Section 1765
§ Â
        1765. Construction of chapter relating to the ADA.
Status: in_force

This chapter may not be construed to conflict with, replace, restrict, or supersede applicable provisions of the Americans with Disabilities Act (ADA) [42 U.S.C. § 12101 et seq. If a provision of this chapter is in conflict with an applicable provision of the ADA, the applicable provision of the ADA controls the interpretation of the chapter.
24 Del. C. § 1775 — Delaware Code / Title 24 / Chapter 17 / Subchapter VII / Section 1775
§ Â
        1775. Respiratory Care Advisory Council.
Status: in_force

(a) The Respiratory Care Advisory Council (Council) consists of 7 members, 1 of whom is a physician member of the Board of Medical Licensure and Discipline. The remaining 6 council members are individuals trained in respiratory care who have been licensed and primarily employed in the practice of respiratory care in this State for at least 2 of the 3 years immediately prior to appointment. The Council may elect officers as necessary.

(b) Each Council member is appointed by the Board 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 Board 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. 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 respiratory care practitioners.

(c) The Council shall promulgate rules and regulations governing the practice of respiratory care, after public hearing and subject to the approval of the Board of Medical Licensure and Discipline. The Board must approve or reject within 60 days proposed rules or regulations submitted to it by the Council. 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. The Council shall, from time to time, present to the Board the names of individuals qualified to be licensed or qualified to receive temporary licenses, and shall recommend disciplinary action against licensees as necessary, and shall suggest changes in operations or regulations.
24 Del. C. § 5611 — Delaware Code / Title 24 / Chapter 56 / Section 5611
§ Â
        5611. Jurisdiction.
Status: in_force

Except as otherwise provided by law or limited by the Board the jurisdiction of each constable, commissioned under this chapter, shall extend throughout the State.
24 Del. C. § 1124 — Delaware Code / Title 24 / Chapter 11 / Subchapter II / Section 1124
§ Â
        1124. Dentists and dental hygienists licensed in other jurisdictions.
Status: repealed

(a) On payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to practice dentistry or dental hygiene to each applicant who presents proof of current licensure in “good standing” in another state, the District of Columbia, or territory of the United States and who meets all of the following criteria:

(1) Has maintained the applicant’s license in “good standing” and has satisfied all requirements of § 1122(c)(2) through (c)(7) of this title.

(2) For licensure as a dental hygienist, meet all of the following:

a. Has practiced for a minimum of 3 of the last 5 years in the state in which the applicant currently is or has been licensed.

b. Has passed the examinations required under § 1123(b)(2)b. and (b)(2)c. of this title.

(3) For licensure as a dentist, meet all of the following:

a. Has received a degree in dentistry from an accredited dental college or university accredited by the Commission on Dental Accreditation of the American Dental Association.

b. Has submitted proof that the applicant has had 3 years of active dental practice in another state, the District of Columbia, or a territory of the United States.

c. The requirements under § 1122(a)(1), (a)(2), (a)(4), and (a)(5) of this title.

(4) [Repealed.]

(5) Has submitted proof of a valid certification in cardiopulmonary resuscitation (CPR) technique in accordance with regulations adopted by the Board.

(b) [Repealed.]

(c) An applicant for licensure under this section shall have remained academically current, through continuing education or otherwise, as determined by the Board.
24 Del. C. § 1422A — Delaware Code / Title 24 / Chapter 14 / Subchapter III / Section 1422A
§ Â
        1422A. Residential electricians
Status: in_force

(a) A residential electrician license allows for a person to conduct residential electrical work without having to be under the direct onsite supervision of a licensed master electrician, master electrician special, limited electrician, limited electrician special or journeyperson electrician.

(b) Electricians with a residential electrician license are prohibited from performing any electrical work other than:

(1) Electrical work performed on or within a residential dwelling or building prior to the dwelling or building being connected to the electric grid, or

(2) Work to or beyond the breaker panel or fuse box in a residential dwelling or building.
24 Del. C. § 2611 — Delaware Code / Title 24 / Chapter 26 / Section 2611
§ Â
        2611. Temporary license.
Status: in_force

(a) Upon submission of a written application on forms provided by the Board, the Board may issue a temporary license to a person who has applied for licensure under this chapter and who, in the judgment of the Board, is eligible to take the examination provided for in § 2608 of this title. In the case of physical therapists, physical therapist assistants, or athletic trainers, such temporary licensure may be available to an applicant only with respect to the applicant’s first application for licensure. In the case of physical therapists and physical therapist assistants, the applicant may use the temporary licensure only while under the direct supervision of a licensed physical therapist. In a clinical setting, the athletic trainer applicant may use the temporary licensure only while under the direct supervision of a licensed physical therapist. In a nonclinical setting, the athletic trainer applicant may use the temporary licensure only while under the direct supervision of a licensed athletic trainer. Such temporary license shall expire automatically upon the failure of a licensure examination, and upon such expiration, the temporary license shall be surrendered to the Board and may not be renewed. In all other cases, a temporary license may be renewed only once.

(b) Upon payment to the Board of a fee and the submission of a written application on forms provided by it the Board, at its discretion, may issue a temporary license to practice physical therapy in this State, without examination, to a person requesting endorsement or who provides evidence to the Board that such person is in this State on a temporary basis to exist in a medical emergency or to engage in a special project or teaching assignment relating to physical therapy practice. Such temporary license shall expire at a time determined by the Board; however, such temporary license shall not be issued for a period of more than 1 year.
24 Del. C. § 2519 — Delaware Code / Title 24 / Chapter 25 / Subchapter II / Section 2519
§ Â
        2519. Temporary suspension pending hearing [Effective until June 30, 2026].
Status: in_force

In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license.
24 Del. C. § 1766 — Delaware Code / Title 24 / Chapter 17 / Subchapter V / Section 1766
§ Â
        1766. Penalties [See conflicting amendment, unable to be implemented, in 75 Del. Laws, c. 161, Â 5.]
Status: in_force

(a) A person who practices or attempts to practice medicine contrary to the provisions of this chapter is guilty of a class F felony and shall be fined not less than $1000 nor more than $5000 or imprisoned not more than 3 years, or both.

(b) A person who terminates or attempts to terminate or assists in the termination of a human pregnancy otherwise than by birth, except in accordance with subchapter IX of this chapter, is guilty of a class C felony and shall be fined not more than $5,000 and imprisoned not less than 2 nor more than 10 years.

(c) A person who violates a provision of this chapter for which a penalty is not specified is guilty of a class B misdemeanor.

(d) The Attorney General of this State or a deputy attorney general shall enforce the provisions of this chapter.

(e) The Superior Court has exclusive original jurisdiction over violations of the criminal provisions of this chapter.
24 Del. C. § 1210 — Delaware Code / Title 24 / Chapter 12 / Subchapter I / Section 1210
§ Â
        1210. Employee identification cards â Renewal; notice of changes [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

(a) Identification cards approved by the Professional Licensing Section shall expire and be renewable on the fifth anniversary of the date of birth of the applicant next following the date of its issuance. If the applicant’s birth date is February 29, the identification card shall expire and be renewable on February 28 every fifth year.

(b) The Professional Licensing Section may refuse to renew an identification card for any grounds set forth in § 1213(a) of this title.

(c) A security alarm business shall notify the Professional Licensing Section within 10 days after the termination of employment of, or association of, any identification cardholder of such security alarm business.
24 Del. C. § 904A — Delaware Code / Title 24 / Chapter 9 / Section 904A
§ Â
        904A. Background checks for sales between unlicensed persons.
Status: in_force

(a) For purposes of this section:

(1) “Dealer” means any person licensed as a deadly weapons dealer under this chapter and 18 U.S.C. § 921 et seq.

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

(3) “Prospective buyer” includes a prospective transferee.

(4) “Prospective seller” includes a prospective transferor.

(5) “Transfer” means as defined under § 1448B of Title 11.

(6) “Unlicensed person” means as defined under § 1448B of Title 11.

(b) As a condition of its license, any dealer holding a license under this chapter shall facilitate the transfer of a firearm from any unlicensed person on the request of the unlicensed person, through the following procedure:

(1) The prospective buyer and prospective seller shall jointly appear at the place of business of the dealer, during the dealer’s regular hours of business, and shall inform the dealer of their desire to avail themselves of this subsection.

(2) The dealer shall subject the prospective buyer to a background check under § 1448A of Title 11.

(3) If the background check under paragraph (b)(2) of this section reveals that the prospective buyer is prohibited from possessing, purchasing, or owning a firearm under § 1448 of Title 11, the dealer shall inform the prospective buyer and prospective seller of that fact and the transfer may not take place.

(4) The dealer shall maintain a record of all background checks conducted under this section in accordance with § 904 of this title.

(5) Any dealer who is asked to facilitate the transfer of a firearm under this section, may charge a reasonable fee for the service, which may not exceed $30 per background check performed under this section. Notwithstanding the foregoing, a fee may not be charged for the return of a firearm to its owner if the proposed transaction may not be immediately and legally completed as the result, or lack thereof, of a background check under this subsection.

(6) Failure or refusal on the part of the dealer to facilitate the transfer of a firearm under this subsection is adequate cause to suspend the license of the dealer for a period not to exceed 30 days per occurrence.

(7) Subject to subchapter IV of Chapter 101 of Title 29, a dealer’s license may not be restricted, suspended, or revoked until the dealer has been given notice and an opportunity to be heard in accordance with the Administrative Procedures Act (Chapter 101 of Title 29).

(c) Nothing in this section, or any other section of the Code, authorizes or permits the State or any agency, department, or instrumentality thereof to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons prohibited from receiving a firearm under Chapter 5 of Title 11. Any such system of registration is expressly prohibited.
24 Del. C. § 1419 — Delaware Code / Title 24 / Chapter 14 / Subchapter III / Section 1419
§ Â
        1419. Exceptions.
Status: in_force

(a) Nothing in this title shall be construed to prevent the performing of electrical work by:

(1) Any of the following individuals working in a manufacturing or industrial facility:

a. An electrical engineer who is recognized by their company as the person responsible for facility repairs, maintenance, or electrical additions, and who is registered with the Board, or a professional electrical engineer who is registered with the Board and who is licensed and listed on the Delaware Association of Professional Engineers;

b. An electrical engineer or electrical engineering technician, recognized by the manufacturing or industrial company as qualified, working in a laboratory environment conducting basic research and development;

c. An “in-house” electrical engineer, electrical engineering technician, or other person conducting research and development building and testing a custom panel designed by the company and not commercially available, provided that such exception shall not extend to the permanent installation of the equipment;

(2) The Department of Transportation, its agencies, offices and divisions, for all work performed by the Department, or under its supervision, and which is approved by the Department, for the installation, erection, construction, reconstruction and/or maintenance of drawbridges and traffic-control devices, including traffic signals, traffic signs and highway lighting;

(3) Persons working beyond the main breaker or fuse of 200 amps or less on structures used exclusively for agricultural purposes, except that the provisions of § 1420 of this title regarding certificates of inspection shall apply where new installations are involved;

(4) Any electric light or power company, electric railway company, steam railway company, diesel railway company, telegraph or telephone company, water or wastewater utility whose rates and services are regulated by the Delaware Public Service Commission, or any person performing the electrical work of such company or utility, when such work is a part of the plant or services used by the company in rendering its authorized service to the public, as further defined in rules and regulations of the Board;

(5) Any homeowner or homeowners who comply with the mandates of § 1417 of this title.

(b) Nothing in this chapter shall restrict any person from servicing equipment in the fields of heating, air conditioning, refrigeration or appliances.
24 Del. C. § 5503 — Delaware Code / Title 24 / Chapter 55 / Section 5503
§ Â
        5503. Board of Examiners of Bail Enforcement Agents.
Status: in_force

(a) Creation of the Board. — The Delaware Board of Examiners of Bail Enforcement Agents is created for the protection of the general public and to carry out the functions and duties conferred on it by this chapter.

(b) All legal process and all documents required by law to be serviced or filed with the Board shall be served or filed with the Chairperson at the designated office herein also referred to as the Professional Licensing Section, Division of State Police. All official records of the Board or affidavits by the Chairperson as to the content of such records shall be prima facie evidence of all matters required to be kept by the Board.

(c) The Board will adhere to the Administrative Procedures Act (Chapter 101 of Title 29).

(d) The Board shall:

(1) Investigate alleged violations of the provision of this chapter and of any rules and regulations adopted by the Board;

(2) Promulgate all rules and regulations necessary in carrying out the provisions of this chapter; and

(3) Establish and enforce standards governing the safety and conduct of persons licensed under this chapter.
24 Del. C. § 3308 — Delaware Code / Title 24 / Chapter 33 / Subchapter I / Section 3308
§ Â
        3308. 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 of Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate fee for the licensure biennium.
24 Del. C. § 1799MM — Delaware Code / Title 24 / Chapter 17 / Subchapter XIII / Section 1799MM
§ Â
        1799MM. Recordkeeping.
Status: in_force

(a) A person licensed under this chapter who is discontinuing practice in this State or who is leaving this State and who is not transferring client records to another person licensed to practice midwifery or medicine shall notify that person’s clients of record by publishing a notice to that effect in a newspaper of daily circulation in the area where the person practices. The notice must be published at least 1 time per month over a 3-month period in advance of discontinuing the business or leaving the State and must explain how a client can procure that client’s records. All clients of record who have not requested their records 30 days before the person discontinues the practice or leaves the State must be notified by first-class mail by the person to permit that person’s clients to procure their records. Any client records that have not been procured within 7 years after the person discontinues practice or leaves the State may be permanently disposed of in a manner that ensures confidentiality of the records.

(b) If a person licensed under this chapter dies and has not transferred client records to another person licensed to practice midwifery or medicine and has not made provisions for a transfer of client records to occur upon the person’s death, a personal representative of the person’s estate shall notify the person’s clients of record by publishing a notice to that effect in a newspaper of daily circulation in the area where the person practiced. The notice must be published at least 1 time per month over a 3-month period after the person’s death and must explain how a former client can procure the client’s records. All former clients who have not requested their records 30 days after such publication must be notified by first class mail by the personal representative of the estate to permit the clients to procure their records. Any client records that have not been procured within 7 years after the death of the person may be permanently disposed of in a manner that ensures confidentiality of the records.

(c) If a client changes from the care of 1 person licensed to practice midwifery or medicine to another person certified to practice midwifery or medicine, the former person shall transfer a copy of the records of the client to the current person upon the request of either the current person or the client. The former person may charge for the reasonable expenses of copying the client’s records, according to a payment schedule established by the Board of Medical Licensure and Discipline. The actual cost of postage or shipping may also be charged if the records are mailed. Alternatively, if the client and current person agree, the former person may forward to the current person a summary of the client’s record, in lieu of transferring the entire record, at no charge to the client. If a client changes care from 1 person certified to practice midwifery or medicine to another and fails to notify the former person, or leaves the care of the former person for a period of 7 years from the last entry date on the client’s record and fails to notify the former person, or fails to request the transfer of records to the current person, then the former person shall maintain the client’s records for a period of 7 years from the last entry date in the client’s medical record, after which time the records may be permanently disposed of in a manner that insures confidentiality of the records.

(d) Clients, on their own behalf, shall have the right to obtain a copy of their records from any person certified to practice midwifery or medicine according to a payment schedule established by the Board of Medical Licensure and Discipline. The actual cost of postage or shipping may also be charged if the records are mailed.
24 Del. C. § 1813 — Delaware Code / Title 24 / Chapter 18 / Subchapter II / Section 1813
§ Â
        1813. Complaints.
Status: in_force

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

(b) If the Board determines that a person has provided or is providing plumbing services or has used or is using the title “master plumber”, “licensed plumber,” or a similar designation contrary to the requirements of this chapter, the Board shall request that the Office of the Attorney General issue a cease and desist order and/or prosecute the person.
24 Del. C. § 5303 — Delaware Code / Title 24 / Chapter 53 / Subchapter I / Section 5303
§ Â
        5303. Board of Massage and Bodywork; appointments; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.
Status: in_force

(a) There is created a state Board of Massage and Bodywork, which shall administer and enforce this chapter.

(b) The Board shall consist of 7 members appointed by the Governor, who are residents of this State: 4 professional members licensed under this chapter of whom at least 2 but not limited to 2 shall be massage therapists, at least 1 but not limited to 1 of whom shall be a certified massage technician, and 3 of whom shall be public members. The public members shall not be nor ever have been a massage therapist or technician, nor members of the immediate family of a massage therapist or technician, nor have been employed by a massage therapist or technician, nor have a material interest in the providing of goods and services to a massage therapist or technician, nor have been engaged in an activity directly related to massage. The public members shall be accessible to inquiries, comments and suggestions from the general public.

(c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may succeed 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 Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor.

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

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

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

(g) No member of the Board, while serving on the Board, shall hold elective office in any professional association of massage or bodywork practitioners.

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

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

(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. § 1616 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1616
§ Â
        1616. Grounds for denial of license.
Status: in_force

The Commission after a hearing shall issue a license for the operation of an adult entertainment establishment or adult-oriented retail establishment for every applicant who shall have satisfactorily completed and filed an application for license as required by this chapter and shall have paid the required fee, provided that the Commission may refuse to license an applicant if the Commission has substantial evidence that would reasonably support a belief that a substantial objection to the granting of the license has been presented by the community within which the license is to operate, or that the granting of such license is otherwise not in the public interest. For the purposes of this subsection, the term “substantial objection” shall include:

(1) Any objection, or group of objections, presented to the Commission either individually or as a group, by persons who reside within the election district where the license is to operate and all contiguous election districts, sufficient to give the Commission reason to believe that a majority of the residents of the community within which the license is to operate oppose the issuance of the license; or

(2) Any objection, or group of objections, presented to the Commission either individually or as a group, the content of which gives the Commission reason to believe the quality of life of the community within which the license is to operate will be adversely affected by the granting of the license.
24 Del. C. § 5307 — Delaware Code / Title 24 / Chapter 53 / Subchapter II / Section 5307
§ Â
        5307. License; certification required.
Status: in_force

(a) No person shall engage in the practice of massage and bodywork therapy or hold himself or herself out to the public in this State as being qualified to practice massage and bodywork therapy; 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 massage and bodywork therapy, unless such person has been duly licensed or certified under this chapter. Massage and bodywork therapists licensed under this chapter may practice massage and/or bodywork therapy on referral or prescription from a licensed medical or osteopathic physician or chiropractor as deemed appropriate by the referring physician or chiropractor. Massage technicians certified under this chapter are prohibited from practicing on referral or prescription from a licensed medical or osteopathic physician or chiropractor and from treating medically diagnosed conditions.

(b) Whenever a license or certificate to practice massage and bodywork in this State has expired or been suspended or revoked, it shall be unlawful for the person to practice massage and bodywork in this State.

(c) No person shall act as a massage technician, or hold himself or herself out as a massage technician, unless such person has been duly certified by the Board under this chapter. Massage technicians shall practice massage and/or bodywork on other than medically diagnosed conditions.

(d) Massage establishment license; necessity. —

No person, firm, corporation, partnership, or other legal entity shall operate, maintain, or use premises as a massage establishment without first having secured a massage establishment license from the Board.

(e) Services rendered in unlicensed massage establishment, prohibition; exceptions. —

No person shall offer or render any of the services encompassed within the definition of massage and bodywork in a place that is not licensed as a massage establishment. This section shall not apply to a duly licensed massage therapist or certified massage technician who practices massage or bodywork outside of a massage establishment.

(f) This chapter shall not apply to:

(1) Actions by any person, who is certified or licensed in this State by any other law, and who is engaged in and acting within the scope of the profession or occupation for which that person is certified or licensed;

(2) Actions by any person engaged in an occupation which does not require a certificate or certification, including, but not limited to, physical education teachers, athletic coaches, health or recreation directors, instructors at health clubs or spas, martial arts, water safety and dance instructors, or coaches, who is acting within the scope of activity for which such person is trained; and

(3) Any student of massage who is practicing within the scope of his or her course of study.
24 Del. C. § 512 — Delaware Code / Title 24 / Chapter 5 / Subchapter II / Section 512
§ Â
        512. Issuance and renewal of licenses.
Status: in_force

(a) The Board shall issue a license to each applicant, who meets the requirements of this chapter for licensure as a podiatrist and who pays the fee established under § 511 of this title.

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

(c) The Board, in its rules and regulations, shall determine the period of time within which a licensed podiatrist may still renew the licensed podiatrist’s license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date, provided however that such period shall not exceed 1 year.

(d) A licensee, upon written request, may be placed in an inactive status for no more than 5 years. Such person who desires to reactivate the licensee’s license shall complete a Board-approved application form, submit a renewal fee set by the Division, and submit proof of fulfillment of continuing education requirements in accordance with the Board’s rules and regulations.
24 Del. C. § 5317 — Delaware Code / Title 24 / Chapter 53 / Subchapter II / Section 5317
§ Â
        5317. Penalties.
Status: in_force

(a) A person is guilty of a misdemeanor when the person does any of the following:

(1) Engages in the practice of massage or bodywork therapy or practices as a massage technician when not currently licensed as a massage or bodywork therapist or certified as a massage technician under this chapter.

(2) Uses in connection with the practitioner’s own name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the practitioner is qualified to practice massage or bodywork therapy, or to act as a massage technician.

(b) For a first offense, the practitioner shall be fined not less than $100, nor more than $500 for each offense. For a second or subsequent conviction, the fine shall be not less than $500, nor more than $1,000 for each offense.

(c) Where a person unlawfully operates, manages, owns, or advertises for any massage establishment or place where massage and bodywork services are rendered, the person is guilty of a class A misdemeanor, and may be imprisoned for up to 1 year, receive a fine of up to $2,300, or both.

(d) A person who unlawfully removes a placard under § 5320 of this title is guilty of a class A misdemeanor, and may be imprisoned for up to 1 year, receive fine of up to $2,300, or both.

(e) Superior Court has jurisdiction over any violation under this section.
24 Del. C. § 3013A — Delaware Code / Title 24 / Chapter 30A / Section 3013A
§ Â
        3013A. Date of implementation of the Counseling Compact Commission and associated rules, withdrawal, and amendment.
Status: in_force

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

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

(c) (1) Any member state may withdraw from this Compact by enacting a statute repealing the same.

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

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

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

(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
24 Del. C. § 2526 — Delaware Code / Title 24 / Chapter 25 / Subchapter IV / Section 2526
§ Â
        2526. Permit required for each pharmacy [Effective until June 30, 2026].
Status: in_force

(a) A person may not operate a pharmacy within the State without first having obtained a permit to operate a pharmacy from the Board. A person who desires to operate more than 1 pharmacy must make a separate permit application for each pharmacy. However, separate permits are not required for sites designated as pharmacies within the same institution at 1 general location, provided that each site is approved by the Board.

(b) The Board shall issue a separate permit for each qualifying pharmacy. A permit to operate a pharmacy granted by the Board may not be assigned or otherwise transferred to another person except upon such conditions as the Board specifically designates, and then only pursuant to the written consent of the Board or its designee. A permit must be available on site for inspection by authorized persons.
24 Del. C. § 5100 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5100
§ Â
        5100. Objectives.
Status: in_force

The primary objective of the Board of Cosmetology and Barbering, to which all other objectives and purposes are secondary, is to protect the general public (specifically those persons who are direct recipients of services regulated by these subchapters) from unsafe practices, and from occupational practices which tend to reduce competition or artificially 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 competency; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal complaint hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners.