24 Del. C. § 1783 — Delaware Code / Title 24 / Chapter 17 / Subchapter VIII / Section 1783
§ Â
        1783. Notice required.
Status: in_force

No physician or other medically authorized person shall perform an abortion upon an unemancipated minor until complying with the following notification provisions:

(1) No physician or other medically authorized person shall perform an abortion upon an unemancipated minor unless the physician, medically authorized person, or an agent of the physician or of the medically authorized person has given at least 24 hours actual notice to one or both parents (either custodial or noncustodial), a grandparent, a licensed mental health professional (who shall not be an employee or under contract to an abortion provider except employees or contractors of an acute care hospital) or to the legal guardian of the pregnant minor of the intention to perform the abortion, or unless the physician, medically authorized person, or an agent of the physician or of the medically authorized person has received a written statement or oral communication from another physician or medically authorized person, hereinafter called the “referring physician or medically authorized person,” certifying that the referring physician or medically authorized person has given such notice. If the person contacted pursuant to this subsection is not the parent or guardian, the person so contacted must explain to the minor the options available to her include adoption, abortion and full-term pregnancy, and must agree that it is in the best interest of the minor that a waiver of the parental notice requirement be granted. Any licensed mental health professional so contacted shall certify that the professional has performed an assessment of the specific factors and circumstances of the minor subject to the evaluation including but not limited to the age and family circumstances of the minor and the long-term and short-term consequences to the minor of termination or continuation of the pregnancy.

a. No physician or other abortion provider shall charge a referral fee to a person authorized under this section to receive notice; nor shall a person authorized under this section to receive notice charge a referral fee to a physician or other abortion provider.

b. Nothing in this section shall affect the obligations of a person pursuant to other provisions of this Code to report instances of child abuse to the appropriate government agencies.

(2) A minor may petition the Family Court (“Court”) of any county of this State for a waiver of the notice requirement of this section pursuant to the procedures of § 1784 of this title. A physician who has received a copy of a court order granting a waiver application under § 1784 of this title shall not, at any time, give notice of the minor’s abortion to any person without the minor’s written permission.
24 Del. C. § 2723 — Delaware Code / Title 24 / Chapter 27 / Subchapter III / Section 2723
§ Â
        2723. Entry upon adjacent land.
Status: in_force

After making a good faith effort to notify adjacent landowner(s), a professional land surveyor and persons working under the surveyor’s direct supervision shall not be liable for civil or criminal trespass for knowingly entering upon adjacent land in the course of preparing a survey.
24 Del. C. § 5310 — Delaware Code / Title 24 / Chapter 53 / Subchapter II / Section 5310
§ Â
        5310. Reciprocity.
Status: in_force

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

(1) Meets the criteria for licensure in good standing as defined in § 5308(a)(5)-(10) of this title for all currently and previously held licenses and has complied with § 5308(a)(11) and (e) of this title;

(2) Has achieved the passing score on a written, standardized nationally-prepared and administered examination in massage or bodywork therapy; the passing score shall be as established by the testing agency. If the testing agency has not established a passing score, the Board in conjunction with the Division shall establish the passing score;

(3) Has practiced massage and bodywork continually for 2 years immediately prior to making application;

(4) Possesses current CPR certification; and

(5) Is at least 18 years of age.
24 Del. C. § 2904 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2904
§ Â
        2904. Organization; meetings; officers; quorum.
Status: in_force

(a) In the same month of each year, the members shall elect from among their number a Chairperson, Vice-Chairperson and Secretary. Each officer shall serve for 1 year, and shall not succeed himself or herself in the same office.

(b) The Commission shall hold regularly scheduled business meetings at least once in each quarter of a calendar year and at such other times as the Chairperson deems necessary, or at the request of a majority of Commission members. Special or emergency meetings may be held, provided a quorum is present.

(c) A majority of members shall constitute a quorum, and no licensee shall be disciplined 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 where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The person requesting it shall incur the expense of preparing any transcript.
24 Del. C. § 5402 — Delaware Code / Title 24 / Chapter 54 / Section 5402
§ Â
        5402. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Agency contract” means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete any of the following:

a. A professional-sports-services contract.

b. An endorsement contract.

c. A name, image, or likeness agreement.

(2) a. “Athlete agent” means an individual, whether or not registered under this chapter, who does any of the following:

1. Directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization.

2. For compensation or in anticipation of compensation related to a student athlete’s participation in athletics does any of the following:

A. Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution.

B. Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes.

3. In anticipation of representing a student athlete for a purpose related to the athlete’s participation in athletics does any of the following:

A. Gives consideration to the student athlete or another person.

B. Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions.

C. Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes.

b. “Athlete agent” does not include an individual who does any of the following:

1. Acts solely on behalf of a professional sports team or organization.

2. Is a licensed, registered, or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual does any of the following:

A. Also recruits or solicits the athlete to enter into an agency contract.

B. Also, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization.

C. Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete.

(3) “Athletic director” means the individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.

(4) “Educational institution” includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university.

(5) “Endorsement contract” means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.

(6) “Enrolled” means registered for courses and attending athletic practice or class. “Enrolls” has a corresponding meaning.

(7) “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics.

(8) “Interscholastic sport” means a sport played between educational institutions that are not community colleges, colleges, or universities.

(9) “Licensed, registered, or certified professional” means an individual licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or member of a profession, other than that of athlete agent, who is licensed, registered, or certified by the state or a nationally-recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing.

(10) “Name, image, or likeness” includes a symbol, word, name, or design that readily identifies a student athlete.

(11) “Name, image, or likeness agreement” means an express or implied agreement, oral or in a record, under which a third party provides name, image, or likeness compensation.

(12) “Name, image, or likeness compensation” means money or other thing of value provided by a third party in exchange for use of a student athlete’s name, image, or likeness.

(13) “Person” means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.

(14) “Professional-sports-services contract” means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization.

(15) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(16) “Recruit or solicit” means attempt to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. “Recruit or solicit” does not include giving advice on the selection of a particular agent in a family, coaching, or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent.

(17) “Registration” means registration as an athlete agent under this chapter.

(18) “Secretary” means the Secretary of the Department of State.

(19) “Sign” means, with present intent to authenticate or adopt a record, any of the following:

a. To execute or adopt a tangible symbol.

b. To attach to or logically associate with the record an electronic symbol, sound, or process.

(20) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(21) “Student athlete” means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. “Student athlete” does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport.
24 Del. C. § 3031 — Delaware Code / Title 24 / Chapter 30 / Subchapter II / Section 3031
§ Â
        3031. Definitions.
Status: in_force

As used in this subchapter:

(1) “Licensed associate counselor of mental health” (“LACMH”) is an individual licensed as an associate counselor of mental health under this chapter who is obtaining experience under the professional direct supervision of a licensed professional counselor of mental health or other health professional approved by the Board for the purpose of becoming licensed as a professional counselor of mental health.

(2) “Licensed professional counselor of mental health” (“LPCMH”) is an individual licensed as a professional counselor of mental health under this chapter who offers professional mental health counseling to individuals, groups, organizations or the general public.

(3) “Professional direct supervision” is face-to-face consultation, on a regularly scheduled basis, between a supervisee and a licensed professional counselor of mental health (LPCMH) or other behavioral health professional approved by the Board as required by the nature of the work of the supervisee. The Board approved supervisor is responsible for insuring that the extent, kind and quality of the services rendered are consistent with the supervisee’s education, training and experience.

(4) “Professional mental health counseling” is the application of clinical counseling principles, methods or procedures including the diagnosis and treatment of mental and emotional disorders to assist individuals in achieving more effective personal and social adjustment.
24 Del. C. § 2502 — Delaware Code / Title 24 / Chapter 25 / Subchapter I / Section 2502
§ Â
        2502. Definitions [Effective until June 30, 2026].
Status: repealed

For purposes of this chapter:

(1) “Biological product” means a biological product as defined in § 351 of the Public Health Service Act (42 U.S.C. § 262).

(2) “Board,” “Board of Pharmacy,” or “State Board of Pharmacy” means the Delaware State Board of Pharmacy.

(3) “Certified pharmacy technician” means a person who is certified by the Pharmacy Technician Certification Board (PTCB) or other entity approved by the Board of Pharmacy.

(4) “Collaborative pharmacy practice” means the practice of pharmacy whereby 1 or more pharmacists provides patient care and drug therapy management services not otherwise permitted to be performed by a pharmacist to patients under a collaborative pharmacy practice agreement(s) with 1 or more practitioners which defines the nature, scope, conditions, and limitations of the services to be provided by the pharmacist(s).

(5) “Collaborative pharmacy practice agreement” means a written and signed agreement between 1 or more pharmacists and 1 or more practitioners that provides for collaborative pharmacy practice.

(6) “Direct supervision” means oversight and control by a licensed pharmacist who remains on the premises and is responsible for the work performed by a subordinate.

(7) “Dispense” means to furnish or deliver a drug to an ultimate user by or pursuant to the lawful prescription of a practitioner. Dispense includes the preparation, packaging, labeling, or compounding necessary to prepare a drug for furnishing or delivery.

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

(9) “Drug” means:

a. A substance recognized as a drug in the Official United States Pharmacopoeia/National Formulary;

b. A substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any illness, condition, or disease in humans or animals;

c. A substance, other than food, intended to affect the structure or any function of the body of a human or an animal; or

d. A substance intended for use as a component of any substance specified in paragraph (8)a., b. or c. of this section.

“Drug” does not include devices or their components, parts, or accessories.

(10) “Drug outlet” means a pharmacy, an in-state or out-of-state drug wholesaler, a drug manufacturer, a drug distributor, or a nonpharmacy veterinary drug seller.

(11) “Executive Secretary” means the executive secretary of the Delaware State Board of Pharmacy who shall be a pharmacist.

(12) “Federal Food and Drug Administration (FDA) Approved Drug Products with Therapeutic Equivalence Evaluations” means the publication with that title containing a list of prescription drugs by generic name.

(13) “Interchangeable” means a biological product licensed by the Federal Food and Drug Administration pursuant to 42 U.S.C. § 262(k)(4).

(14) “Intern” means a person who is registered by the Board of Pharmacy and supervised by an approved preceptor and who is completing the practical experience requirement of the Board prior to that person’s licensure as a pharmacist.

(15) “Internship” or “externship” means a period of practical experience established by Board of Pharmacy regulation that must be completed by an applicant for a license to practice pharmacy in this State.

(16) “Manufacturer” means a person who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling of a drug, but does not include a person who is engaged in the preparation and dispensing of a drug pursuant to a prescription.

(17) “Monitoring drug therapy” means interpreting and analyzing information needed to evaluate the safety and efficacy of drug therapy.

(18) “Over-the-counter product” or “OTC” means a substance which may be sold without a prescription and which is packaged for use by the consumer and labeled in accordance with the requirements of state and federal statutes and regulations.

(19) “Person” means a natural person or an entity.

(20) “Pharmacist” or “licensee” means an individual licensed by the State pursuant to this chapter to engage in the practice of pharmacy.

(21) “Pharmacy” means a place where drugs are compounded or dispensed.

(22) “Pharmacy technician” means an individual who is not registered as an intern with the Board of Pharmacy or a certified pharmacy technician.

(23) “Practice of pharmacy” means the interpreting, evaluating, and dispensing of a practitioner’s or prescriber’s order. The “practice of pharmacy” includes the proper compounding, labeling, packaging, and dispensing of a drug to a patient or the patient’s agent, and administering a drug to a patient. The “practice of pharmacy” includes the application of the pharmacist’s knowledge of pharmaceutics, pharmacology, pharmacokinetics, drug and food interactions, drug product selection, and patient counseling. The “practice of pharmacy” also includes all of the following:

a. Participation in drug utilization and/or drug regimen reviews.

b. Participation in therapeutic drug selection, substitution of therapeutically equivalent drugproducts.

c. Advising practitioners and other health-care professionals, as well as patients, regarding the total scope of drug therapy, so as to deliver the best care possible.

d. Monitoring drug therapy.

e. Performing and interpreting capillary blood tests to screen and monitor disease risk factors or facilitate patient education, the results of which must be reported to the patient’s health-care practitioner; screening results to be reported only if outside normal limits.

f. Conducting or managing a pharmacy or other business establishment where drugs are compounded or dispensed.

g. [Repealed.]

h. Administration of injectable medications, biologicals, and immunizations pursuant to a valid prescription from a practitioner or practitioner-approved protocol approved by a physician duly licensed in the State under subchapter III of Chapter 17 of this title or a nurse duly licensed in the State under Chapter 19 of this title. Upon request, a copy of the protocol will be made available to the designated prescriber or prescribers without cost. All vaccine administrations shall be reported to DelVAX within 72 hours of administration. This report to DelVAX shall include the patient’s name, the name of the immunization, inoculations, or vaccinations administered, site of injection, lot and expiration, the facility that provided vaccination, and the date of administration, and shall be submitted electronically. Pharmacists, pharmacy interns, and nationally-certified pharmacy technicians who have completed an accredited training program, are currently trained in CPR, and have notified the Delaware Board of Pharmacy, may administer immunizations via a prescriber’s order or protocol for patients 3 years of age and older.

i. Dispensing contraceptives or dispensing and administering injectable hormonal contraceptives under Chapter 30O of Title 16.

j. Ordering, performing, and interpreting tests authorized by the Food and Drug Administration, and waived under the federal Clinical Laboratory Improvement Amendments of 1988 [42 U.S.C. § 263a].

k. Initiating drug therapy for health conditions in accordance with § 2525 of this title.

l. Collaborative pharmacy practice in accordance with a collaborative pharmacy practice agreement.

m. Initiating, dispensing, or administering medications for human immunodeficiency virus (HIV) pre-exposure prophylaxis and HIV post-exposure prophylaxis under § 2525A of this title, which includes administering laboratory tests, conducting assessments and consultations, and providing referrals.

(24) “Practitioner” or “prescriber” means an individual who is authorized by law to prescribe drugs in the course of professional practice or by collaborative pharmacy practice agreement or research in any state.

(25) “Practitioner-dispensed medication” means a drug that is all of the following:

a. Dispensed by a practitioner to a patient.

b. A topical antibiotic, anti-inflammatory, dilation, or glaucoma drop or ointment.

c. On stand-by or retrieved from a dispensing system for a specified patient for use during a procedure or visit with the practitioner.

(26) “Preceptor” means a licensed pharmacist who is approved by the Board to supervise an intern.

(27) “Prescription drug” or “legend drug” means a drug required by federal or state law or regulation to be dispensed only by a prescription, including finished dosage forms and active ingredients, subject to § 503(b) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 353(b)).

(28) “Prescription drug order” or “prescription” means the lawful written or verbal order of a practitioner for a drug.

(29) “Reference product” means a product as defined by the Federal Food and Drug Administration pursuant to 42 U.S.C. § 262.

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

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

(32) “Substitution” or “substitute” means pharmacist’s selection of prescriber authorized generic or therapeutically equivalent prescription medications or, in the case of biologicals, pharmacist selection of an interchangeable biological product in place of the prescribed product. Generic substitution means a drug that is the same active ingredient, equivalent in strength to the strength written on the prescription and which is classified as being therapeutically equivalent to another drug in the latest edition or supplement of the Federal Food and Drug Administration (FDA) Approved Drug Products with Therapeutic Equivalence Evaluations, sometimes referred to as the “Orange Book.”

(33) “Therapeutically equivalent drug” means a drug which contains the same active ingredient or ingredients and is identical in strength or concentration, dosage form, and route of administration and which is classified as being therapeutically equivalent to another drug in the latest edition or supplement of the Federal Food and Drug Administration (FDA) Approved Drug Products with Therapeutic Equivalence Evaluations, Evaluations, sometimes referred to as the Orange Book.

(34) “Use or abuse of drugs” means:

a. The use of illegal drugs;

b. The use of prescription drugs without a prescription; or

c. The excessive use or abuse of alcoholic beverage or drugs to the extent that it impairs a pharmacist’s ability to perform the work of a pharmacist.

(35) “Wholesale distribution” means the distribution of drugs to a person other than a consumer or patient. Wholesale distribution does not include:

a. The distribution of drugs within a healthcare group-purchasing organization;

b. The transfer of prescription drugs by a pharmacy to another pharmacy to alleviate a temporary shortage;

c. The dispensing of a drug pursuant to a prescription; or

d. The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug:

1. By a charitable organization described in § 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)(3)) to a nonprofit affiliate of the charitable organization to the extent permitted by law;

2. Among hospitals or other health care entities which are under common control;

3. For emergency medical reasons.

(36) “Wholesale distributor” means a person engaged in the wholesale distribution of drugs, including, but not limited to, a manufacturer’s or distributor’s warehouse, a chain drug warehouse or wholesale drug warehouse, an independent wholesale drug trader, and a pharmacy that engages in the wholesale distribution of drugs.
24 Del. C. § 2818 — Delaware Code / Title 24 / Chapter 28 / Section 2818
§ Â
        2818. Experience and educational equivalence.
Status: in_force

(a) For applicants holding a baccalaureate degree in engineering as described in § 2817(1)a. of this title, the experience of a full-time faculty member teaching advanced engineering subjects in an ABET-accredited, or CEAB-accredited engineering curriculum may be accepted as part of the professional experience specified in § 2817(1) or (2) of this title.

(b) For applicants holding a baccalaureate degree in engineering as described in § 2817(1)a. of this title, the award of a master’s degree in engineering involving 1 year or more of post graduate study in an engineering educational program approved by the Council may be accepted as 1 year of professional experience required in § 2817 of this title; or

(c) For applicants holding a baccalaureate degree in engineering as described in § 2817(1)a. of this title, the award of a doctorate, with or without a master’s degree, involving full-time post-graduate study in an engineering educational program approved by the Council may be accepted as 2 years of professional experience required in § 2817 of this title.
24 Del. C. § 3510 — Delaware Code / Title 24 / Chapter 35 / Subchapter II / Section 3510
§ Â
        3510. Licensing or registration under special conditions; interstate practice of psychology.
Status: in_force

(a) Persons who are currently licensed as psychologists or registered as psychological assistants in this State prior to June 12, 1995, shall be considered to have been licensed or registered under this chapter and fully qualified to act as licensed psychologists or registered psychological assistants.

(b) The Board will qualify for licensing without examination any person who applies for licensure and who is a diplomate of the American Board of Professional Psychology, subject to the provisions of this chapter.

(c) Nothing in this chapter shall be construed to prohibit the practice of psychology in this State by a person holding an earned doctoral degree in psychology from an institution of higher education, who is licensed or certified as a psychologist under the laws of another jurisdiction; provided, that the aggregate of 6 days of professional services as a psychologist, per calendar year, under the provision of this subsection is not exceeded.

(d) A person practicing psychology in this State, under this section, may not engage in conversion therapy with a child or refer a child to a provider in another jurisdiction to receive conversion therapy.
24 Del. C. § 1306 — Delaware Code / Title 24 / Chapter 13 / Section 1306
§ Â
        1306. Records.
Status: in_force

(a) The Section shall keep a register of all applications for security guards, private investigators, armored car guards, security guard agencies, private investigative agencies and armored car agencies, complete records relating to meetings of the Board, rosters, changes and additions to the Board’s rules and regulations, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.

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

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

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

(3) Oversee renewal applications and appropriate fees;

(4) Coordinate hearings upon request for denial, suspension or revocation of a license or identification card;

(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 Board.
24 Del. C. § 3001A — Delaware Code / Title 24 / Chapter 30A / Section 3001A
§ Â
        3001A. Purpose.
Status: in_force

The purpose of this Compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is located at the time of the counseling services. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This Compact is designed to achieve the following objectives:

(1) Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses;

(2) Enhance the states’ ability to protect the public’s health and safety;

(3) Encourage the cooperation of member states in regulating multistate practice for licensed professional counselors;

(4) Support spouses of relocating active duty military personnel;

(5) Enhance the exchange of licensure, investigative, and disciplinary information among member states;

(6) Allow for the use of telehealth technology to facilitate increased access to professional counseling services;

(7) Support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;

(8) Invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses;

(9) Eliminate the necessity for licenses in multiple states; and

(10) Provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.
24 Del. C. § 2709 — Delaware Code / Title 24 / Chapter 27 / Subchapter II / Section 2709
§ Â
        2709. 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 and who meets the following criteria:

(1) That applicant’s license is in good standing as defined in § 2708(a)(3), (4), (5) and (6) of this title; and

(2) Has achieved the passing score on the 2-hour written examination on drainage and the Delaware law.

(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.
24 Del. C. § 2530 — Delaware Code / Title 24 / Chapter 25 / Subchapter IV / Section 2530
§ Â
        2530. Revocation or suspension of permit [Effective until June 30, 2026].
Status: in_force

(a) The Board may suspend or revoke a permit to operate a pharmacy when examination or inspection of the pharmacy discloses that the pharmacy is not being operated according to law or is being operated in a manner which endangers public health, safety, or welfare.

(b) The Board may suspend or revoke a permit to operate a pharmacy if the pharmacy’s prescription department is closed for more than 14 consecutive days, unless the closing of the prescription department was due to a cause which the Board finds reasonable.

(c) In determining if a pharmacy is being operated in a manner which endangers the public health, safety, or welfare pursuant to subsection (a) of this section, the Board shall consider, but is not limited to considering, the following factors:

(1) Compliance by the permit holder with the law and with the rules and regulations of the Board;

(2) A conviction of the permit holder, a principal, or a person having controlling ownership interest in the pharmacy for a violation of federal law or of any state’s law other than a violation of a minor traffic offense;

(3) An action by a regulatory agency against the permit holder for a violation of the agency’s statutes or regulations.
24 Del. C. § 905 — Delaware Code / Title 24 / Chapter 9 / Section 905
§ Â
        905. Ammunition display.
Status: in_force

(a) A licensee may not sell, offer for sale, or display for sale or transfer ammunition in a manner that allows that ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor. Ammunition displayed in an enclosed display case or behind a counter or other customer access prevention device is not considered accessible for purposes of this section and fulfils the theft and loss prevention requirement under § 902(b) of this title.

(b) A violation of this section is a civil offense. For a first offense the penalty is $500. For a second offense the penalty is $1,000. For a third or subsequent offense the penalty is $5,000.

(c) The Court of Common Pleas has jurisdiction over violations of this section.

(d) As used in this chapter, “ammunition” means as defined in § 1448 of Title 11.
24 Del. C. § 1777A — Delaware Code / Title 24 / Chapter 17 / Subchapter VII / Section 1777A
§ Â
        1777A. Procedure or action not prescribed.
Status: in_force

This subchapter governs the practice of respiratory care practitioners. If a procedure or action is not specifically prescribed in this subchapter, but is prescribed in the subchapters relating to the practice of medicine, and the procedure or action would be useful or necessary for the regulation of respiratory care practitioners, the Board may, in its discretion, proceed in a manner prescribed for physicians in the practice of medicine.
24 Del. C. § 5131 — Delaware Code / Title 24 / Chapter 51 / Subchapter II / Section 5131
§ Â
        5131. Reciprocity.
Status: in_force

(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States whose standards for licensure are substantially similar to those of this State. An individual with a license from a state with less stringent requirements than those of this State may obtain a license through reciprocity if the individual can prove to the satisfaction of the Board that the individual has worked in another jurisdiction or jurisdictions in the field for which the individual is seeking a license in Delaware for a period of 3 out of the last 5 years immediately preceding application in this State. All applicants shall submit evidence verified by oath that, all states in which the applicant is or was licensed, the applicant’s license is in good standing as defined in § 5127(a)(5), (6), (7) and (8) of this title.

(b) An applicant who took the applicable written examination in a language other than the English language shall demonstrate the ability to communicate in the English language as determined by board rules and regulations.
24 Del. C. § 1702A — Delaware Code / Title 24 / Chapter 17A / Section 1702A
§ Â
        1702A. Definitions.
Status: in_force

In this compact:

(a) “Bylaws” means those bylaws established by the Interstate Commission pursuant to § 1714A.

(b) “Commissioner” means the voting representative appointed by each member board pursuant to § 1711A.

(c) “Conviction” means a finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilt or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.

(d) “Expedited license” means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the Compact.

(e) “Interstate Commission” means the interstate commission created pursuant to § 1711A of this title.

(f) “License” means authorization by a member state for a physician to engage in the practice of medicine, which would be unlawful without authorization.

(g) “Medical Practice Act” [Chapter 17 of this title in Delaware] means laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.

(h) “Member board” means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation, and education of physicians as directed by the state government.

(i) “Member state” means a state that has enacted the Compact.

(j) “Practice of medicine” means that clinical prevention, diagnosis, or treatment of human disease, injury, or condition requiring a physician to obtain and maintain a license in compliance with the Medical Practice Act of a member state.

(k) “Physician” means any person who:

(1) Is a graduate of a medical school accredited by the Liaison Committee on Medical Education, the Commission on Osteopathic College Accreditation, or a medical school listed in the International Medical Education Directory or its equivalent.

(2) Passed each component of the United States Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) within 3 attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes.

(3) Successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association.

(4) Holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association’s Bureau of Osteopathic Specialists.

(5) Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board.

(6) Has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction.

(7) Has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license.

(8) Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.

(9) Is not under active investigation by a licensing agency or law-enforcement authority in any state, federal, or foreign jurisdiction.

(l) “Offense” means a felony, gross misdemeanor, or crime of moral turpitude.

(m) “Rule” means a written statement by the Interstate Commission promulgated pursuant to § 1712A of this title that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.

(n) “State” means any state, commonwealth, district, or territory of the United States.

(o) “State of principal license” means a member state where a physician holds a license to practice medicine and which has been designated as such by the physician for purposes of registration and participation in the Compact.
24 Del. C. § 3052 — Delaware Code / Title 24 / Chapter 30 / Subchapter IV / Section 3052
§ Â
        3052. Qualifications of applicant.
Status: repealed

(a) An applicant who is applying for licensure under this subchapter shall complete a board-approved application, submit the application fee, and supply evidence verified by oath and satisfactory to the Board that the applicant:

(1) Has completed a master’s or doctoral degree in marriage and family therapy from a recognized educational institution with a minimum of 45 semester credits, or a graduate degree in an allied field from a recognized educational institution and graduate level work which is the equivalent to a master’s degree in marriage and family therapy, as determined by the Board.

(2) Following completion of the master’s degree has successfully completed 2 years of supervised marriage and family therapy experience. The experience must consist of not less than 3,200 hours obtained over a period of not more than 4 consecutive years, at least 1,600 of which shall be supervised clinical experience acceptable to the Board.

(3) Has passed the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) standardized examination or other examination acceptable to the Board.

(4) Has not been the recipient of any administrative penalties regarding the applicant’s actions as a marriage and family therapist, including, but not limited to, fines, formal reprimands, license suspensions or revocations (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 Board on the applicant’s professional conduct, including any voluntary surrender of a license. The Board, after a hearing, may determine whether such administrative penalty is grounds to deny a license.

(5) Does 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 act as a licensed marriage and family therapist in a manner consistent with the safety of the public.

(6) Does not have a criminal conviction record, or pending criminal charge, relating to an offense that is substantially related to the practice of marriage and family therapy. 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 Board. However, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation, the Board determines that the granting of a waiver would not create an unreasonable risk to public safety, the Board shall waive this paragraph (a)(6). A waiver may not be granted for a conviction of a felony sexual offense.

a.-e. [Repealed.]

(7) Has not been penalized for any wilful violation of the code of ethics adopted by the Board or a code of ethics of a recognized professional marriage and family therapy organization.

(8) Meets all other additional requirements as may be required by the Board in its rules and regulations.

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

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

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

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

An applicant may not be licensed as a marriage and family therapist until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction that is substantially related to the practice of marriage and family therapy may not be certified by the Board unless a waiver is granted pursuant to paragraph (a)(6) of this section. The State Bureau of Identification may release any subsequent criminal history to the Board.

(b) If the Board finds that an applicant has been intentionally fraudulent or has intentionally supplied false information, the Board shall report its finding to the Attorney General for further action.

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

(d) [Repealed.]
24 Del. C. § 3002A — Delaware Code / Title 24 / Chapter 30A / Section 3002A
§ Â
        3002A. Definitions.
Status: in_force

As used in this Compact, and except as otherwise provided, the following definitions shall apply:

(1) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 [10 U.S.C. § 12301 et seq.] and 1211 [10 U.S.C. § 12401 et seq.].

(2) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individual’s license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a licensed professional counselor’s authorization to practice, including issuance of a cease and desist action.

(3) “Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners.

(4) “Continuing competence/education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

(5) “Counseling Compact Commission” or “Commission” means the national administrative body whose membership consists of all states that have enacted the Compact.

(6) “Current significant investigative information” means:

a. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the licensed professional counselor to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

b. Investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety regardless of whether the licensed professional counselor has been notified and had an opportunity to respond.

(7) “Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, privilege to practice and adverse action information.

(8) “Encumbered license” means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB).

(9) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.

(10) “Executive Committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

(11) “Home state” means the member state that is the licensee’s primary state of residence.

(12) “Impaired practitioner” means an individual who has a condition that may impair their ability to practice as a licensed professional counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.

(13) “Investigative information” means information, records, and documents received or generated by a professional counseling licensing board pursuant to an investigation.

(14) “Jurisprudence requirement” if required by a member state, means the assessment of an individual’s knowledge of the laws and rules governing the practice of professional counseling in a state.

(15) “Licensed professional counselor” means a counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose, and treat behavioral health conditions.

(16) “Licensee” means an individual who currently holds an authorization from the state to practice as a licensed professional counselor.

(17) “Licensing board” means the agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors.

(18) “Member state” means a state that has enacted the Compact.

(19) “Privilege to practice” means a legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state.

(20) “Professional counseling” means the assessment, diagnosis, and treatment of behavioral health conditions by a licensed professional counselor.

(21) “Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise the privilege to practice.

(22) “Rule” means a regulation promulgated by the Commission that has the force of law.

(23) “Single state license” means a licensed professional counselor license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.

(24) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of professional counseling.

(25) “Telehealth” means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose, and treat behavioral health conditions.

(26) “Unencumbered license” means a license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling.
24 Del. C. § 5614 — Delaware Code / Title 24 / Chapter 56 / Section 5614
§ Â
        5614. Exclusion from coverage.
Status: in_force

Constables appointed pursuant to this chapter are not covered by the provisions of the Law Enforcement Officers’ Bill of Rights under Chapter 92 of Title 11.
24 Del. C. § 1214 — Delaware Code / Title 24 / Chapter 12 / Subchapter I / Section 1214
§ Â
        1214. Penalties [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

Whoever shall violate any part of § 1213 of this title or any provision of this chapter shall be subject to an administrative penalty not to exceed $500 or imprisonment for a period not to exceed 90 days or both.

(1) Assessment of an administrative penalty shall be determined by the nature, circumstances, extent and gravity of the violation, or violations, ability of the violator to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation and such other matters as justice requires.

(2) In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Superintendent in any court of competent jurisdiction, including any Justice of the Peace Court, for collection of the administrative penalty, including interest, attorneys’ fees and costs and the validity and appropriateness of such administrative penalty shall not be subject to review.
24 Del. C. § 3911 — Delaware Code / Title 24 / Chapter 39 / Section 3911
§ Â
        3911. Issuance  of license; renewal; inactive status.
Status: repealed

(a) The Board shall issue a license to each applicant who meets the applicable qualifications and pays the fee required under this chapter.

(b) (1) Each license must be renewed biennially, in such a manner that the Division determines, and upon payment of the required fee and attestation that the licensee has met the continuing education requirements that the Board established.

(2) Each license expires on January 31 of the renewal year.

(3) The Division shall set a late fee. If a licensee fails to renew the license in 1 year from the renewal date, the licensee must reapply for licensure.

(c) (1) Any licensee, upon written request, may be placed in an inactive status for up to 3 years.

(2) The renewal fee of a licensee on inactive status must be prorated in accordance with the amount of time the licensee is on inactive status.

(3) The licensee may reactivate the license after meeting all of the following criteria:

a. Providing the Board with written notification that the licensee intends to reactivate the license.

b. Satisfying all the continuing education requirements.

c. Paying the appropriate renewal fee.

(4) A licensee who fails to reactivate a license within 3 years of being placed on inactive status must reapply for licensure.

(d) [Repealed.]
24 Del. C. § 309 — Delaware Code / Title 24 / Chapter 3 / Section 309
§ Â
        309. Reciprocity.
Status: in_force

(a) Upon payment of the application 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:

(1) Holds a National Council of Architectural Boards (NCARB) certificate; or

(2) Presents proof of current registration in good standing in another jurisdiction whose standards for licensure are substantially similar to those of this State; or

(3) Is licensed in a jurisdiction whose standards for licensure are not substantially similar to those of this State but who has held an active license in good standing in that jurisdiction for a minimum of 5 years and holds a National Architectural Accrediting Board (NAAB) accredited professional degree in architecture or such other education as the Board deems equivalent; or

(4) Is licensed in a jurisdiction whose standards for licensure are not substantially similar to those of this State but who has held an active license in good standing in that jurisdiction for a minimum of 13 years.

(b) An applicant who is applying for licensure by reciprocity must also meet the requirements of § 307(c) of this title.
24 Del. C. § 3803 — Delaware Code / Title 24 / Chapter 38 / Section 3803
§ Â
        3803. Board of Dietetics/Nutrition; appointment; composition; qualifications; term of office; suspension or removal; compensation.
Status: in_force

(a) Appointment. — The Board of Dietetics/Nutrition shall consist of 5 members who are residents of this State and shall be appointed by the Governor. Members shall be appointed so that the terms of 3 members shall expire 2 years after the initial appointment and that the terms of the remaining 2 members shall expire 3 years after the initial appointment. Thereafter, appointments shall be made for a term of 3 years. A member of the Board shall be eligible for reappointment, but a member shall not be appointed to serve more than 2 consecutive terms. Each term of office shall expire on a date specified in the appointment except that each member shall serve until a successor is duly appointed. A member who was initially appointed to fill a vacancy may successively serve for only 1 additional full term.

(b) Composition and provisions. — Three members shall be Delaware Licensed Dietitian/Nutritionists. The remaining 2 members shall be from the general public, who are not Licensed Dietitians/Nutritionists and are not in any way, connected to the provision of nutrition services either monetarily, through business activity, through educational activity or by their immediate family relations. No member of the Board, while serving on the Board, shall be a president, chair or other elected official of any state professional association for dietitians or nutritionists. The provisions set forth for “employees” in Chapter 58 of Title 29 shall apply to all members of the Board, and to all appointed by or otherwise employed by the Board.

(c) Suspension or removal. — 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 the 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.

(d) Compensation. — 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. § 3619 — Delaware Code / Title 24 / Chapter 36 / Subchapter III / Section 3619
§ Â
        3619. Seal.
Status: in_force

Every geologist licensed in this State shall have a seal of a design authorized by the Board by regulation. All technical submissions prepared by such geologist, or under that geologist’s direct supervision, shall be stamped with the impression of that geologist’s seal. No licensed geologist shall impress that geologist’s seal on any technical submission unless it has been prepared under that geologist’s direct supervision.
24 Del. C. § 1796 — Delaware Code / Title 24 / Chapter 17 / Subchapter X / Section 1796
§ Â
        1796. Acupuncture Advisory Council.
Status: in_force

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

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

(c) The Council shall promulgate rules and regulations governing the practice of acupuncture and eastern medicine, after public hearing and subject to the approval of the Board of Medical Licensure and Discipline. The Board must approve or reject within a reasonable amount of time proposed rules or regulations submitted to it by the Council.

(d) The Council shall meet quarterly, and at such other times as license applications are pending. The Council shall present to the Board the names of individuals qualified to be licensed and shall recommend disciplinary action against licensees as necessary, and shall suggest changes in operations or regulations. The Board shall approve or reject these recommendations within a reasonable time period.
24 Del. C. § 1799P — Delaware Code / Title 24 / Chapter 17 / Subchapter XI / Section 1799P
§ Â
        1799P. Grounds for discipline, sanctions, or penalties.
Status: in_force

(a) The following conditions and actions of an L.G.C. may result in disciplinary action as set forth in subsection (b) of this section if, after a hearing, the Board finds that an applicant or L.G.C:

(1) Has employed or knowingly cooperated in fraud or material deception in order to be licensed: or

(2) Has engaged in illegal, incompetent or negligent conduct in the provision of genetic counseling; or

(3) Has, in the practice of the profession, knowingly engaged in an act of consumer fraud or deception; or

(4) Has violated the code of ethics as established by the NSGC; or

(5) Has violated a lawful provision of this subchapter or any lawful rule or regulation established hereunder; or

(6) Has been convicted of a crime substantially related to the practice of genetic counseling as determined by the Board of Medical Licensure and Discipline in its rules and regulations.

(b) Persons licensed under this subchapter who have been determined to be in violation of this subchapter shall be subject to the following disciplinary actions:

(1) Issuance of a letter of reprimand.

(2) Censure.

(3) Placement on probationary status.

(4) Denial of license.

(5) Suspension of license.

(6) Revocation of license.

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

(c) As a condition of reinstatement of a suspended license or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this subchapter.
24 Del. C. § 2516 — Delaware Code / Title 24 / Chapter 25 / Subchapter II / Section 2516
§ Â
        2516. Disciplinary sanctions [Effective until June 30, 2026].
Status: in_force

(a) The Board may impose any of the following sanctions, singly or in combination, when it determines that a person licensed to practice pharmacy has violated a ground for discipline set forth in § 2515 of this title:

(1) Issue a letter of reprimand to the licensee;

(2) Censure the licensee;

(3) Place the licensee on probationary status and require the licensee to:

a. Report regularly to the Board upon the matters that are the basis of the probation; and/or

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

(4) Suspend the license of the licensee;

(5) Revoke the license of the licensee;

(6) Impose an administrative penalty, not to exceed $500 for each violation.

(b) The Board may withdraw or reduce conditions of probation imposed pursuant to paragraph (a)(3) of this section, if it finds that the deficiencies that required the conditions of probation to be imposed have been remedied.

(c) If the Board suspends a license to practice pharmacy due to an impairment of the licensee, the Board may reinstate the license if, after a hearing, the Board is satisfied that the licensee is able to practice pharmacy with reasonable skill, competence, and safety to the public.
24 Del. C. § 214 — Delaware Code / Title 24 / Chapter 2 / Section 214
§ Â
        214. Disciplinary sanctions.
Status: in_force

(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 § 213 of this title applies to a practitioner regulated by this chapter:

(1) Issue a letter of reprimand;

(2) Censure a practitioner;

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

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

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

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

(4) Suspend any practitioner’s license;

(5) Revoke any practitioner’s license.

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

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

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

(e) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.
24 Del. C. § 1322 — Delaware Code / Title 24 / Chapter 13 / Section 1322
§ Â
        1322. Posting of license.
Status: in_force

(a) Before any applicant shall exercise any rights under the license issued to the applicant, such license, or a certified copy thereof, shall be posted and at all times thereafter while the same is in force be displayed in a conspicuous place in the principal office and in each bureau, agency, subagency, office or branch office for which it is issued.

(b) No person holding any license issued by the Board under this chapter shall:

(1) Post or permit such license to be posted upon premises other than those described therein or to which it may be transferred pursuant to this chapter;

(2) Fail to maintain such license in a conspicuous place in such offices or places of business; or

(3) Knowingly alter, deface or destroy any such license or permit the alteration, defacement or destruction thereof.
24 Del. C. § 5101 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5101
§ Â
        5101. Definitions.
Status: in_force

As used in this chapter:

(1) “Aesthetician” is an individual who practices any of the following:

a. Cleansing, stimulating, manipulating and beautifying skin by hand or mechanical or electric apparatus or appliance.

b. Application of lash extensions, additions or enhancements, including permanent waving and tinting.

c. Removal of superfluous hair.

d. Gives treatments to keep skin healthy and attractive.

An aesthetician is not authorized to prescribe medication or provide medical treatment in the same manner as a dermatologist.

(2) “Apprentice” means any person who is engaged in the learning of any or all the practices of cosmetology, barbering, nail technology or electrology from a practitioner licensed in the profession the apprentice is studying. The apprentice may perform or assist the licensed practitioner in any of the functions which the practitioner is licensed to perform.

(3) “Barber” means any person licensed under this chapter who, for a monetary consideration, shaves or trims beards, cuts or dresses hair, gives facial or scalp massages, or treats beards or scalps with preparations made for this purpose.

(4) “Board” means the state Board of Cosmetology and Barbering under this chapter.

(5) “Classroom hour” means 50 minutes of each 60-minute hour.

(6) “Cosmetologist” means any person licensed under this chapter who is not an apprentice or student practicing cosmetology, who shall have the qualifications provided for by this chapter.

(7) “Cosmetology” means performing any of the following services for compensation:

a. The embellishment, cleansing and beautification of human hair, such as arranging, dressing, curling, permanent waving, cutting, singeing, pressing, chemically bleaching or coloring, chemically straightening, or similar services.

b. Applying lash extensions, additions or enhancements, including permanent waving and tinting.

c. The temporary removal of superfluous hair.

d. Nail technology.

e. Massaging, stimulating, beautifying, or similar services, of the scalp, face, arms, hands or the upper body.

Any service performed under the definition of “cosmetology” may be performed by hand or mechanical or electrical devices and may include the use of cosmetic preparations, tonics, lotions or creams.

(8) “Cosmetology shop” means any place or part thereof wherein cosmetology, barbering, electrology, nail technology, aesthetics, or any of their practices, are performed for compensation, whether or not the establishment holds itself out as a cosmetology shop.

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

(10) “Electrologist” means any person licensed under this chapter who, for a monetary consideration, engages in the removal of superfluous hair by use of specially designed electric needles.

(11) “Instructor” means any person who teaches cosmetology, barbering, electrology or nail technology.

(12) “Master barber” means any person licensed under this chapter who, for a monetary consideration, shaves or trims beards, gives facial or scalp massages, treats beards or scalps with preparations made for this purpose, or embellishes, cleans or beautifies human hair, which includes arranging, dressing, curling, permanent waving, cutting, singeing, pressing, chemically bleaching or coloring, chemically straightening, or similar work.

(13) “Nail technician” means any person licensed under this chapter who engages only in the practice of manicuring, pedicuring or sculpting nails, including acrylic nails, of any person.

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

(15) “Professional-in-charge” means a licensee who is responsible for the operation of a cosmetology shop, including ensuring that all employees are licensed, where required by law.

(16) “School of cosmetology,” “school of electrology,” “school of nail technology,” “school of barbering” means any place or part thereof where cosmetology, barbering, electrology, nail technology or any of the practices are taught, whether or not such place holds itself out as such.

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

(18) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to cosmetology, barbering, electrology, nail technology or aesthetics.
24 Del. C. § 5515 — Delaware Code / Title 24 / Chapter 55 / Section 5515
§ Â
        5515. Penalties.
Status: in_force

(a) The Board shall have the power to impose a civil penalty upon any person required to be licensed under this chapter up to $200, per day, for operating without a valid license.

(b) Anyone performing the duties of a BEA pursuant to § 5502 of this title, who is not duly licensed under this chapter shall be guilty of a class F felony.
24 Del. C. § 312A — Delaware Code / Title 24 / Chapter 3 / Section 312A
§ Â
        312A. Certificate of authorization.
Status: in_force

(a) The privilege of engaging in the practice of architecture is personal, based upon the qualifications of the individual evidenced by registration and is not transferable. All final drawings, specifications, plans, reports, or other papers or documents involving the practice of architecture, as defined within this chapter, shall be dated and bear the signature and seal of the architect or architects who prepared or directly supervised the same.

(b) Nothing in subsection (a) of this section shall be construed as preventing the formation of business entities, provided that such entities are authorized under Delaware law or the laws of another state, as a vehicle for the practice of or offer to practice architecture for others by individual architects registered under this chapter through a business entity, or the offering or rendering of architectural services by a business entity through architects registered under this chapter, provided that:

(1) One or more of the officers (if a corporation), partners (if a partnership), members or managers (if a limited liability company or publicly owned corporation), is designated as being responsible for any services in the practice of architecture on behalf of their respective business entity and is a registered architect under this chapter;

(2) All personnel of said business entity, who act in its behalf as architects in this State or for clients located in this State are registered under this chapter; and

(3) Said business entity has been issued a certificate of authorization by the Board as herein provided.

(c) A business entity desiring a certificate of authorization shall file with the Board an application, on forms provided by the Board, listing relevant information, including the names, addresses, and license or registration numbers of directors, officers, partners, members or managers of the business entity and also of the individual or individuals duly registered to practice architecture in this State who shall be in responsible charge of the practice of architecture through the business entity in compliance with paragraph (b)(3) of this section above, and any other information required by the Board, accompanied by the appropriate fee as determined by the Division of Professional Regulation. A certificate of authorization may be renewed biennially by submission of the required information and fee. In the event that there should be a change in the information provided on the application for a certificate of authorization, notification of such change shall be provided to the Board in writing within 30 days of the effective date of such change. If all the requirements of this section are met, the Board shall issue a certification of authorization to such business entity, and that business entity shall be authorized to contract for and to collect fees for architectural services.

(d) An applicant for initial issuance or renewal of a certificate of authorization shall be required to register each office of the business entity within this State with the Board and show that each office is under the charge and supervision of an individual holding a valid certificate of registration under this chapter.

(e) No such business entity shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, partners, members or principals by reason of its compliance with this section, nor shall any individual be relieved of responsibility for architectural services performed by reason of employment or relationship with such business entity. All business entities and architects practicing through such entities shall be bound by professional responsibility standards no less stringent than those stated in § 608 of Title 8.

(f) The Board may revoke, suspend or cancel a certification of authorization, if after a hearing, the Board determines that any officer, partner, member, manager, principal or employee has violated any lawful provision of this chapter, or any lawful regulation established thereunder.
24 Del. C. § 6004 — Delaware Code / Title 24 / Chapter 60 / Section 6004
§ Â
        6004. Practice requirements.
Status: in_force

(a) A health-care provider using telemedicine and telehealth technologies to deliver health-care services to a patient must, prior to diagnosis and treatment, do at least 1 of the following:

(1) Provide an appropriate examination in-person.

(2) Require another Delaware-licensed health-care provider be present at the originating site with the patient at the time of the diagnosis.

(3) Make a diagnosis using audio or visual communication.

(4) Meet the standard of service required by applicable professional societies in guidelines developed for establishing a health-care provider-patient relationship as part of an evidenced-based clinical practice in telemedicine.

(b) After a health-care provider-patient relationship is properly established in accordance with this section, subsequent treatment of the same patient by the same health-care provider need not satisfy the limitations of this section.

(c) A health-care provider treating a patient through telemedicine and telehealth must maintain complete records of the patient’s care and follow all applicable state and federal statutes and regulations for recordkeeping, confidentiality, and disclosure to the patient.

(d) Telehealth and telemedicine services shall include, if required by the applicable professional board listed in § 6002(a) of this title, use of the Delaware Health Information Network (DHIN) in connection with the practice.

(e) Nothing in this section shall be construed to limit the practice of radiology or pathology.
24 Del. C. § 5134 — Delaware Code / Title 24 / Chapter 51 / Subchapter II / Section 5134
§ Â
        5134. Instructors.
Status: in_force

(a) Aesthetic instructors shall have successfully completed an education equivalent to a twelfth grade education. Proof of the required education shall be a certified high school transcript or any other document or affidavit which constitutes reliable proof of educational attainment as determined by the Board. In addition, the applicant shall be licensed pursuant to this chapter and shall have completed a teacher training course, consisting of a minimum of 500 hours of instruction in a registered school of aesthetics, or at least 2 years’ experience as an active licensed, practicing aesthetician, supplemented by at least 250 hours of instruction in a teacher training course. In addition, an aesthetics instructor shall have successfully passed an instructor examination designated by the Board in its rules and regulations. A licensed aesthetician who has been teaching aesthetics prior to enactment of this statute, and who provides the Board with proof, to the Board’s satisfaction, of not less than 900 hours of teaching experience at a registered school of aesthetics, shall be exempted from this provision.

(b) As set forth in Board rules and regulations, foreign-trained applicants shall provide evidence satisfactory to the Board of training equivalent to that required in subsection (a) of this section, in addition to meeting all other requirements of this subchapter.
24 Del. C. § 6115 — Delaware Code / Title 24 / Chapter 61 / Section 6115
§ Â
        6115. Reinstatement of a suspended license; removal from probationary status.
Status: in_force

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

(b) Applicants for reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be a required condition for reinstatement.
24 Del. C. § 5405 — Delaware Code / Title 24 / Chapter 54 / Section 5405
§ Â
        5405. Registration as athlete agent; application; requirements; reciprocal registration.
Status: in_force

(a) An applicant for registration as an athlete agent shall submit an application for registration to the Secretary in a form prescribed by the Secretary. The applicant must be an individual, and the application must be signed by the applicant under penalty of perjury. The application must contain at least the following:

(1) The name and date and place of birth of the applicant and all of the following contact information for the applicant:

a. The address of the applicant’s principal place of business.

b. Work and mobile telephone numbers.

c. Any means of communicating electronically, including a facsimile number, electronic-mail address, and personal and business or employer websites.

(2) The name of the applicant’s business or employer, as applicable, including for each business or employer, its mailing address, telephone number, organization form, and the nature of the business.

(3) Each social media account with which the applicant or the applicant’s business or employer is affiliated.

(4) Each business or occupation in which the applicant engaged within 5 years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time.

(5) A description of all of the following related to the applicant:

a. The applicant’s formal training as an athlete agent.

b. The applicant’s practical experience as an athlete agent.

c. The applicant’s educational background relating to the applicant’s activities as an athlete agent.

(6) The name of each student athlete for whom the applicant acted as an athlete agent within 5 years before the date of the application or, if the athlete is a minor, the name of the parent or guardian of the athlete, together with the athlete’s sport and last-known team.

(7) The name and address of each person that meets all of the following:

a. Is a partner, member, officer, manager, associate, or profit sharer or directly or indirectly holds an equity interest of 5% or greater of the athlete agent’s business if it is not a corporation.

b. Is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of 5% or greater in the corporation.

(8) A description of the status of any application by the applicant, or any person named under paragraph (a)(7) of this section, for a state or federal business, professional, or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license.

(9) Whether the applicant, or any person named under paragraph (a)(7) of this section, has pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would be a felony if committed in this State and, if so, identification of all of the following:

a. The crime.

b. The law-enforcement agency involved.

c. If applicable, the date of the guilty plea, no contest plea, or conviction and the fine or penalty imposed.

(10) Whether, within 15 years before the date of application, the applicant, or any person named under paragraph (a)(7) of this section, has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of incompetence and, if so, the date and a full explanation of each proceeding.

(11) Whether the applicant, or any person named under paragraph (a)(7) of this section, has an unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order in the nature of child support, which is not current at the date of the application.

(12) Whether, within 10 years before the date of application, the applicant, or any person named under paragraph (a)(7) of this section, was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt.

(13) Whether there has been any administrative or judicial determination that the applicant, or any person named under paragraph (a)(7) of this section, made a false, misleading, deceptive, or fraudulent representation.

(14) Each instance in which conduct of the applicant, or any person named under paragraph (a)(7) of this section, resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student athlete or a sanction on an educational institution.

(15) Each sanction, suspension, or disciplinary action taken against the applicant, or any person named under paragraph (a)(7) of this section, arising out of occupational or professional conduct.

(16) Whether there has been a denial of an application for, suspension or revocation of, refusal to renew, or abandonment of, the registration of the applicant, or any person named under paragraph (a)(7) of this section, as an athlete agent in any state.

(17) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent.

(18) If the applicant is certified or registered by a professional league or players association, all of the following:

a. The name of the league or association.

b. The date of the certification or registration, and the date of expiration of the certification or registration, if any.

c. If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration.

(19) Any additional information required by the Secretary.

(b) Instead of proceeding under subsection (a) of this section, an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this State by submitting all of the following to the Secretary:

(1) An application for registration as an athlete agent under subsection (a) of this section.

(2) A copy of the record of registration from the other state.

(c) The Secretary shall grant a record of registration to an individual who applies for registration under subsection (b) of this section if the Secretary determines all of the following:

(1) The registration requirements of the other state are substantially similar to or more restrictive than this chapter.

(2) The registration has not been revoked or suspended and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.

(d) For purposes of implementing subsection (c) of this section, the Secretary shall do all of the following:

(1) Cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this chapter.

(2) Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.
24 Del. C. § 1401 — Delaware Code / Title 24 / Chapter 14 / Subchapter I / Section 1401
§ Â
        1401. Objectives.
Status: in_force

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

The secondary objectives of the Board are to maintain minimum standards of practitioner competency; and, to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensed practitioners.
24 Del. C. § 1906A — Delaware Code / Title 24 / Chapter 19A / Section 1906A
§ Â
        1906A. Additional authorities invested in party state licensing boards.
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(c) Nothing in this Compact shall override a party state’s decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse’s participation in an alternative program.
24 Del. C. § 1934 — Delaware Code / Title 24 / Chapter 19 / Section 1934
§ Â
        1934. Advanced Practice Registered Nurse Committee.
Status: repealed

(a) The Advanced Practice Registered Nurse Committee’s (“Committee”) purpose is to:

(1) Recommend and draft regulations regarding the practice of advanced practice registered nurses.

(2)-(4) [Repealed.]

(b) The Committee shall have 9 members, appointed by the Board of Nursing, and consist of the following: 9 advanced practice registered nurses, including 2 certified nurse practitioners, 2 certified registered nurse anesthetists, 2 certified nurse midwives, 2 clinical nurse the specialists, and 1 at-large member from any of the 4 APRN roles. The Committee Chair must be 1 of the APRN members of the Board of Nursing and shall serve a term of 1 year. Subsequent terms may be served as long as the Chair remains a member of the Board of Nursing.

(1)-(4) [Repealed.]

(c) Appointments shall be for 3-year terms, provided that the terms of newly-appointed members will be staggered so that no more than 5 appointments shall expire annually. Members may be appointed for less than 3 years to ensure that members’ terms expire on a staggered basis.

(d) A majority of members appointed to the Committee shall constitute a quorum to conduct official business.

(e) A Committee member may be removed at any time for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office. A member who is absent from 3 consecutive committee meetings without good cause or who attends less than 50% of committee meetings in a calendar year shall be deemed in neglect of duty.

(f) The Committee shall:

(1) Draft rules and regulations regarding the practice of advanced practice registered nurses.

(2) Review emerging practices and advise the Board of Nursing on APRN licensure, the APRN Compact, and practice standards, including prescribing trends, and provide recommendations to the Board of Nursing regarding APRN practice.

(3), (4) [Repealed.]
24 Del. C. § 5203 — Delaware Code / Title 24 / Chapter 52 / Subchapter I / Section 5203
§ Â
        5203. Board of Examiners of Nursing Home Administrators; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.
Status: in_force

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

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

(1) Three nursing home administrators licensed under this chapter;

(2) Two nonadministrator from a profession concerned with the care of chronically ill and infirm, aged persons; and

(3) Four public members.

(c) Except as provided in subsection (e) 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 if 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) The public members shall not be, nor ever have been, nursing home administrators, nor members of the immediate family of a nursing home administrator; shall not have been employed by a nursing home, nursing home administrator, or a company engaged in the practice of administering nursing homes; shall not have a material interest in the providing of goods and services to nursing homes; nor have been engaged in an activity directly related to nursing home administration. The public members shall be accessible to inquiries, comments and suggestions from the general public.

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

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

(g) The Governor may suspend or remove a member of the Board for misfeasance, nonfeasance, malfeasance, misconduct, incompetence, or neglect of duty. A Board member may appeal any suspension or removal to the Superior Court.

(h) No member of the Board, while serving on the Board, shall hold a leadership position in any professional association representing nursing home administrators, or serve as head of a political action committee (PAC) for any professional association representing nursing home administrators.

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

(j) 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.

(k) 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.

(l) A member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded.
24 Del. C. § 1314 — Delaware Code / Title 24 / Chapter 13 / Section 1314
§ Â
        1314. Security guard registration requirements.
Status: in_force

Anyone who wishes to be licensed, under this chapter, as a noncommissioned security guard, must meet and maintain the following requirements:

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

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

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

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

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

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

(5) If served in the armed forces, must not have been dishonorably discharged;

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

(7) Must meet and maintain the qualifications set and approved by the Board of Examiners.
24 Del. C. § 4110 — Delaware Code / Title 24 / Chapter 41 / Subchapter II / Section 4110
§ Â
        4110. Temporary license.
Status: in_force

(a) A home inspector from another state, who is licensed or certified by the home inspector licensing or certifying agency in such state, may apply for registration to receive temporary licensing privileges in this State for the purpose of completing specific home inspection services by paying all required fees and filing with the Board an application, on a form prescribed by the Board for such purpose, which shall set forth and include:

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

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

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

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

(5) A statement that the person has met the requirements of § 4108(a)(4), (5), (6), and (7) of this title;

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

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

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

(b) Licensing privileges granted under the provisions of this section shall expire upon completion of the specific home inspection assignment for which the Board has issued the temporary license.

(c) The Division is empowered to issue a temporary license to a home inspector from another state, who has documented compliance with the requirements of this section.
24 Del. C. § 5212 — Delaware Code / Title 24 / Chapter 52 / Subchapter II / Section 5212
§ Â
        5212. Administrator-in-Training Program.
Status: in_force

The Board shall approve an Administrator-In-Training Program that complies with the guidelines of the National Association of Boards of Long-Term Care Administrators (NAB), and contains at a minimum the following:

(1) Introduction and orientation;

(2) Admission procedures;

(3) Medical records requirements;

(4) Resident rights;

(5) Administration;

(6) Food service;

(7) Nursing;

(8) Housekeeping/maintenance/janitorial;

(9) Medical and allied health;

(10) Recreation;

(11) Rehabilitation services;

(12) Social services;

(13) Disaster/emergency services;

(14) Medicare/Medicaid;

(15) Professional ethics; and

(16) Applicable state and federal laws and regulations.
24 Del. C. § 1823 — Delaware Code / Title 24 / Chapter 18 / Subchapter III / Section 1823
§ Â
        1823. Reciprocity.
Status: in_force

(a) Upon submission and acceptance of a written application on forms provided by the Board, along with payment of the required fee, the Board shall grant a license to each applicant who presents proof of current licensure in good standing in another state, the District of Columbia, or a territory of the United States whose standards for licensure are substantially similar to those of this State and who submits the verified evidence described in § 1821(a)(3) through (7) of this of this title.

(b) An applicant who is licensed by another state, the District of Columbia, or a territory of the United States whose standards for licensure are not substantially similar to those of this State must have practiced for a minimum of 7 years after licensure, in addition to meeting the other qualifications for reciprocity in this section.
24 Del. C. § 3602 — Delaware Code / Title 24 / Chapter 36 / Subchapter I / Section 3602
§ Â
        3602. Definitions.
Status: in_force

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

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

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

(3) “Geologist” shall mean a person who is qualified to practice professional geology including specialists in its various subdisciplines.

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

(5) “Practice of geology” shall mean any service or creative work, the adequate performance of which requires geologic education, training and experience in the application of the principles, theories, laws and body of knowledge encompassed in the science of geology. This may take the form of, but is not limited to, consultation, research, investigation, evaluations, mapping, sampling, planning of geologic projects and embracing such geological services or work in connection with any public or private utilities, structures, roads, building, processes, works or projects. A person shall be construed to practice geology, who by verbal claim, sign, advertisement or in any other way represents oneself to be a geologist, or who holds oneself out as able to perform or who does perform geologic services or work.

(6) “Responsible charge” shall mean the individual control and direction, by the use of initiative, skill and individual judgment, of the practice of geology.

(7) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of geology.
24 Del. C. § 3603 — Delaware Code / Title 24 / Chapter 36 / Subchapter I / Section 3603
§ Â
        3603. Board of Geologists; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.
Status: in_force

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

(b) The Board shall consist of 7 members, appointed by the Governor, who are residents of this State: Four shall be geologists licensed under this chapter, 1 of whom shall be a member of the Delaware Geological Survey, either the State Geologist, or the State Geologist’s designee if the State Geologist declines the appointment, and 3 public members. The public members shall not be, nor ever have been, geologists, nor members of the immediate family of a geologist; shall not have been employed by a geologist or a company engaged in the practice of geology; shall not have a material interest in the providing of goods and services to geologists; nor have been engaged in an activity directly related to geology. 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 for 2 consecutive terms. No person who has been twice appointed to the Board or has served on the Board for 6 years shall again be appointed until an interim period of at least 1 year has expired since the person last served. This section shall not apply to the State Geologist or the State Geologist’s designee who shall be appointed by the Governor to serve at the pleasure of the Governor with no term limits.

(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 geologists; this includes a prohibition against serving as head of the professional association’s Political Action Committee (PAC).

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

(i) Any member, who is absent without adequate reason for 3 consecutive meetings, or 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 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. § 1799JJ — Delaware Code / Title 24 / Chapter 17 / Subchapter XIII / Section 1799JJ
§ Â
        1799JJ. Client screening for homebirth delivery services.
Status: in_force

The provisions of this section shall apply only to a midwife while providing home birth delivery services. For the purposes of obtaining informed consent as governed by this section, the mother that is part of the client shall give informed consent on behalf of herself and the newborn.

(1) When accepting a client for care, a midwife shall obtain the client’s informed consent, which shall be evidenced by a written statement signed by both the midwife and the client which shall contain the following elements, in a form drafted by the Council and adopted by the Board, if the midwife offers home birth services:

a. An acknowledgement that home birth can include increased risk of death and disability for mother and child;

b. A clear statement that the risks have been explained and understood by the client;

c. A clear statement that the client is aware that the midwife is not a licensed physician or nurse, nor are they seeking the services of one for their home birth;

d. A newborn checklist describing the services and care of the newborn; and

e. Information regarding procedures in the event a transfer becomes necessary and that a transfer may be required to protect the safety of the client if signs or symptoms are observed by the midwife that necessitate such transfer that includes:

1. Estimated distance between the planned birth site and the receiving facility; and

2. Information regarding concurrent care policies at the receiving facility. The statement on concurrent care will be repeated orally to the client or, if the client is incapacitated, the client’s designated agent, in the event of a transfer.

(2) When accepting a client for care, a midwife shall obtain in addition to the client’s informed consent, a written statement in a form proposed by the Council and adopted by the Board, and signed by both the midwife and the client. The form shall certify that full disclosure has been made and acknowledged by the client as to each of the following items, with the client’s acknowledgement evidenced by a separate signature adjacent to each item in addition to the client’s signature and the date at the end of the form:

a. The name, address, telephone number, and license number of the licensed midwife;

b. A description of the midwife’s education, training, and experience in midwifery in relation to both the mother and the newborn;

c. The nature and scope of the care to be given, including a description of the ante partum, intrapartum, and postpartum conditions requiring consultation, transfer of care, or transport to a hospital;

d. A copy of the written plan described in paragraph (3) of this section below which is particular to each client;

e. An explanation that in the event of an emergency or voluntary transfer that no liability from the actions of the midwife are assignable to the receiving facility or medical professional;

f. An explanation of the right of the client to file a complaint with the Council and instructions on how to file a complaint with the Council;

g. A statement indicating that the client’s records and any transaction with the midwife are confidential pursuant to the federal Health Insurance Portability and Accountability Act [P.L. 104-191];

h. A disclosure of whether the midwife carries malpractice or liability insurance; and

i. Any further information as required by the Council.

(3) A midwife shall prepare, in a form proposed by the Council and adopted by the Board, a written plan for the appropriate delivery of emergency care and provide the client with a copy of the plan as provided in paragraph (2) of this section. The plan shall address the following:

a. Consultation with other health-care providers;

b. Emergency transfer;

c. Access to neonatal intensive care units and obstetrical units or other patient care areas;

(4) A midwife shall provide an initial screening to ensure that each client receives safe and appropriate care and to determine whether any contraindications are present. A midwife will also perform ongoing screening and maintain, beginning at the time of the initial screening, a detailed health history in a form prescribed by the Council and adopted by the Board.

(5) Upon transfer of a client, emergency or otherwise, a midwife shall provide all records described in this section to the receiving care provider or facility and remain available to speak with the receiving health-care provider at the point of transfer about the course of care provided to the client.

(6) A midwife offering home birth services shall only accept and provide care to those women who are classified as eligible for a home birth or midwife-assisted birth in accordance with evidence based standards proposed by the Council and adopted by the Board as being low risk pregnancy, labor, and delivery, which includes but is not limited to:

a. There is no preexisting maternal disease or condition likely to affect the pregnancy, such as uterine surgeries including Caesarean procedures and others, as recommended by the Council and approved by the Board;

b. There is no significant disease arising from the pregnancy;

c. There is a singleton fetus;

d. There appears to be a cephalic presentation prior to delivery;

e. The onset of labor occurs when the fetus has a gestational age greater than 37 weeks and less than 42 weeks, which period can be expanded or contracted if the Council and Board determine that it would be in the best interests of clients to do so; and

f. Labor is most likely to be spontaneous.

(7) The midwife must be able at all times to recognize the warning signs of conditions that render the woman ineligible for a midwife-assisted home birth. If a midwife determines at any time during the course of the pregnancy that a woman’s condition may preclude attendance by the midwife, the client shall be informed that she should transfer to an appropriate, licensed, health-care provider. A midwife may and shall, at any time, terminate a relationship with a client if that midwife deems the woman is or has become ineligible for a midwife-assisted birth or home birth. The cause for termination must be documented and included in the health history described in paragraph (4) of this section. Such midwife shall inform the client of such termination in writing and recommend transfer to an appropriate licensed health-care provider.

(8) If a midwife identifies that the client demonstrates a high risk condition as defined by the Council and approved by the Board, the midwife shall refer the client to a physician with obstetrical hospital privileges for client assessment and/or screening, at the time the condition is noted by the midwife. In the event of an emergency, if the midwife determines that immediate termination of the relationship pursuant to paragraph (7) of this section would increase or create risk of death or injury to the mother or her infant, the midwife will immediately engage emergency medical services, and may continue to assist in the emergency.
24 Del. C. § 1764A — Delaware Code / Title 24 / Chapter 17 / Subchapter V / Section 1764A
§ Â
        1764A. Prescription requirements.
Status: in_force

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

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

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

(3) The quantity of the drug prescribed;

(4) The directions for use of the drug;

(5) Date of issue.

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

(1) By a veterinarian.

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

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

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

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

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

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

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

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

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

(c) A pharmacist who receives a written, oral or faxed prescription is not required to verify that the prescription properly falls under 1 of the exceptions under subsection (b) of this section, from the requirement to electronically prescribe. Pharmacists may continue to dispense medications from otherwise valid written, oral or fax prescriptions that are otherwise legal.
24 Del. C. § 1797 — Delaware Code / Title 24 / Chapter 17 / Subchapter X / Section 1797
§ Â
        1797. Acupuncture practitioners.
Status: in_force

(a) As used in this subchapter:

(1) “Acupuncture” is the stimulation of points on the body by the insertion and manipulation of acupuncture needles using both traditional and modern scientific methods of evaluation and point selection. It also refers to a form of health care, based on a theory of energetic physiology that describes and explains the interrelationship of the body organs or functions with an associated acupuncture point or combination of points located on “channels” or “meridians”. Acupuncture points shall include the classical points defined in authoritative acupuncture texts and special groupings of acupuncture points elicited using generally accepted diagnostic techniques of eastern medicine and selected for stimulation in accord with its principles and practices. Acupuncture points are stimulated in order to restore the normal function of the aforementioned organs or sets of functions. Acupuncture shall also include the ancillary techniques of eastern medicine including moxibustion, acupressure or other forms of manual meridian therapy and recommendations that include eastern dietary therapy, supplements and lifestyle modifications.

(2) “Board” means the Board of Medical Licensure and Discipline.

(3) “Council” means the Acupuncture Advisory Council.

(4) “Eastern medicine” means the practice of acupuncture, Chinese herbology and Asian bodywork therapy as part of a comprehensive health-care system encompassing a variety of traditional health-care therapies that have been used for more than 3,000 years to diagnose and treat illness, prevent disease and improve well-being.

(5) “License” means, unless the context requires otherwise, a license issued by the Board to practice acupuncture.

(6) a. “Practice of acupuncture” means the use of needles with or without electrical stimulation for the purpose of normalizing energetic physiological functions including pain control, and for the promotion, maintenance, and restoration of health.

b. Needles used in the practice of acupuncture shall only be pre-packaged, single use, sterile acupuncture needles. These needles shall only be used on an individual patient in a single treatment session and disposed of according to federal standards for biohazard waste.

(7) “Practice of eastern medicine” includes the practice of acupuncture and further means making recommendations or prescriptions based in eastern dietary therapy, supplements and lifestyle modifications according to the principles of eastern medicine. Eastern dietary therapy shall be defined as recommending, advising or furnishing nonfraudulent information about herbs, vitamins, minerals, amino acids, carbohydrates, sugars, enzymes, food concentrates, foods, other food supplements, or dietary supplements. For purposes of this paragraph, “fraud” shall be defined as an intentional misrepresentation for financial gain. Legitimate disagreement about the role of the above-listed nutrients and foods as they apply to human nutrition shall not, in and of itself, constitute fraud. These supplemental techniques may be used within the public domain or by another licensed or registered healthcare or bodywork professional, according to state law or regulation.

(b) Nothing in this subchapter shall limit, preclude, or otherwise interfere with the professional activities of other individuals and healthcare providers who are allowed to perform acupuncture. This includes chiropractic, medical and osteopathic physicians.

(c) An individual who is licensed pursuant to this subchapter, who is not being investigated or sanctioned in relation to unprofessional conduct or physical, mental, emotional, or other impairment, may not be prohibited from performing those professional activities included in this section.
24 Del. C. § 4014 — Delaware Code / Title 24 / Chapter 40 / Subchapter II / Section 4014
§ Â
        4014. Grounds for discipline.
Status: in_force

(a) A practitioner licensed or certified under this chapter shall be subject to disciplinary actions set forth in § 4016 of this title, if, after a hearing, the Council finds that the appraiser:

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

(2) Has illegally, incompetently or negligently practiced appraising.

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

(4) Has excessively used or abused drugs either in the past 2 years or currently; excessive use or abuse of drugs shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed practitioner, or the abuse of alcoholic beverage such that it impairs the practitioner’s ability to perform the work of an appraiser.

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

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

(7) Has failed to notify the Council that the appraiser’s license or certificate as an appraiser in another state has been subject to discipline, or has been surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof.

(b) Where a practitioner fails to comply with the Council’s request that the practitioner attend a hearing, the Council may petition the Superior Court to order such attendance, and the said Court or any judge assigned thereto shall have the jurisdiction to issue such order.

(c) Subject to the provisions of subchapter IV of Chapter 101 of Title 29, no license or certificate shall be restricted, suspended, or revoked by the Council, and no practitioner’s right to practice appraising shall be limited by the Council 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. § 3608 — Delaware Code / Title 24 / Chapter 36 / Subchapter II / Section 3608
§ Â
        3608. Qualifications of applicant; report to Attorney General; judicial review.
Status: repealed

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

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

(2) Has acquired 5 years of experience in geologic work satisfactory to the Board and as defined in its rules and regulations;

(3) Has achieved the passing score on all parts of the written, standardized examination administered by the National Association of State Boards of Geology (ASBOG), or its successor;

(4) Shall not have been the recipient of any administrative penalties regarding that applicant’s practice of geology, 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 Board on that applicant’s professional conduct and practice, including any voluntary surrender of a license; the Board may determine, after a hearing, whether such administrative penalty is grounds to deny licensure;

(5) 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 the practice of geology in a manner consistent with the safety of the public;

(6) Shall not have a criminal conviction record, nor pending criminal charge relating to an offense that is substantially related to the practice of geology. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board. However, if after review of the factors set forth in § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that the granting of a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(6).

a.-d. [Repealed.]

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

(c) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for that person than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
24 Del. C. § 2515 — Delaware Code / Title 24 / Chapter 25 / Subchapter II / Section 2515
§ Â
        2515. Grounds for discipline [Effective until June 30, 2026].
Status: in_force

(a) A pharmacist licensed under this chapter is subject to disciplinary sanctions set forth in § 2516 of this title if, after a hearing, the Board finds that the pharmacist:

(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license to practice pharmacy, has impersonated another person holding a license, has allowed another person to use the pharmacist’s license, or has aided or abetted a person not licensed to practice pharmacy to be represented as a pharmacist;

(2) Has illegally, incompetently, or negligently practiced pharmacy;

(3) Has been convicted of a crime that is substantially related to the practice of pharmacy; a copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of conviction;

(4) Has used or abused drugs, as defined in § 2502(32) of this title, in the past 2 years;

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

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

(7) Has had that pharmacist’s own license to practice pharmacy suspended or revoked or has been subjected to other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for the suspension, revocation, or other action in another jurisdiction have been presented to the Board by certified record and the Board has determined that the facts found by the appropriate licensing authority in the other jurisdiction constitute 1 or more of the acts listed in this subsection. Every person licensed to practice pharmacy in this State is deemed to have given consent to the release of information regarding license suspension or revocation or other disciplinary action by the Board of Pharmacy or by other comparable agencies in other jurisdictions and to have waived all objections to the admissibility of previously adjudicated evidence of the acts or offenses which underlie license suspension or revocation or other disciplinary action;

(8) Has failed to notify the Board that the pharmacist’s license to practice pharmacy in another jurisdiction has been subject to discipline, or has been surrendered, suspended, or revoked; or that the licensee has been convicted of a crime that is substantially related to the practice of pharmacy. A certified copy of the record of disciplinary action, or of the surrender, suspension, or revocation of the license is conclusive evidence thereof. A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of conviction; or

(9) Has a physical or mental impairment that prevents the pharmacist from engaging in the practice of pharmacy with reasonable skill, competence, and safety to the public.

(b) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, the Board shall not restrict, suspend, or revoke a license to practice pharmacy or limit a licensee’s right to engage in the practice of pharmacy until the Board gives to the licensee proper notice and opportunity to be heard.
24 Del. C. § 211 — Delaware Code / Title 24 / Chapter 2 / Section 211
§ Â
        211. Complaints.
Status: in_force

All filings and investigations of complaints by practitioners or members of the public which concern any aspect of the practice of landscape architecture shall be presented and processed pursuant to § 8735(h) of Title 29.
24 Del. C. § 2919 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2919
§ Â
        2919. Maintenance of place of business; office permits.
Status: in_force

(a) The broker shall maintain an office approved by the Commission or by the state of licensure. Each office shall be under the direction and supervision of the broker. A broker applying for an office in the State of Delaware shall submit an application to the Commission for an office permit with the application fee established by the Division. A permit shall be issued only upon approval by the Commission.

(b) On or before the biennial date established by the Division, the broker shall submit an application to the Division for renewal of the office permit with the renewal fee established by the Division.

(c) The broker’s license shall include the address of the approved office.

(d) If the broker maintains more than one office, the broker shall apply for and obtain an additional broker’s license and office permit in the broker’s name for each branch office. A branch office permit shall be subject to the requirements set forth in subsections (a) and (b) of this section. The application for a branch office shall state the address of the branch office and the designated on-site supervisor. The designated on-site supervisor shall be a licensee with a minimum of 5 years of continuous real estate services experience, which shall be documented on the branch office application. The branch office, any licensees associated with the office and the designated on-site supervisor shall be under the direction and supervision of the broker.

(e) All brokers’ offices shall display a conspicuous sign on the outside of the office building as set forth in the Commission’s rules and regulations.

(f) Additional requirements for issuance of office permits may be set forth in the Commission’s rules and regulations.
24 Del. C. § 2715 — Delaware Code / Title 24 / Chapter 27 / Subchapter II / Section 2715
§ Â
        2715. Hearing procedures.
Status: in_force

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29 alleging violation of § 2714 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

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

(c) Where the practitioner is in disagreement with the action of the Board, that practitioner may appeal the Board’s decision to the Superior Court within 30 days of service or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
24 Del. C. § 1129 — Delaware Code / Title 24 / Chapter 11 / Subchapter II / Section 1129
§ Â
        1129. 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 § 1128 of this title applies to a practitioner regulated by this chapter:

(1) Issue a letter of reprimand;

(2) Censure a practitioner;

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

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

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

(4) Suspend any practitioner’s license;

(5) Revoke any practitioner’s license;

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

(7) Take such other disciplinary action as the Board may deem necessary and appropriate;

(8) The Board shall permanently revoke the certificate to practice dentistry or dental hygiene 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 which required such action have been remedied.

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

(d) 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) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may reinstate such license if after a hearing the Board is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation and can practice dentistry or dental hygiene with reasonable skill and safety to the public.

(f) Applicants for reinstatement shall pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate.
24 Del. C. § 3004 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3004
§ Â
        3004. Organization; meetings; officers; quorum.
Status: in_force

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

(b) The Board annually shall elect a president, vice-president and secretary. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms. The office of president must rotate among the professions regulated and the public members.

(c) A majority of the members shall constitute a quorum for the purpose of transacting business and no action shall be taken without the affirmative vote of a majority of the quorum. No disciplinary action shall be taken without the affirmative vote of a majority of the members of the Board, at least 1 of whom must be of the same profession as the individual being disciplined.

(d) Minutes of all meetings shall be recorded and the Division shall maintain copies. At any hearing where 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. § 3101 — Delaware Code / Title 24 / Chapter 31 / Subchapter I / Section 3101
§ Â
        3101. Definitions [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

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

(1) “Board” means the State Board of Funeral Services established in this chapter.

(2) “Burial” means the interment of human remains.

(3) “Cremation” means the process of burning human remains to ashes.

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

(5) “Embalming” means the disinfecting or preservation of a dead human body, entirely or in part, by the use of chemical substances, fluids, or gases in the body, or by the introduction of the same into the body by vascular or hypodermic injection, or by the direct application of the same into the organs or cavities.

(6) “Embalming room assistant” means a person who has met all of the requirements, including all necessary training in blood borne pathogens standards, and who has received all necessary vaccinations related to the industry, to be able to perform their duties in the embalming or dressing room areas for the preparation of a deceased human remains. Such individual shall not possess the ability to embalm a decedent.

(7) “Funeral director” means a person engaged in the care of human remains or in the disinfecting and preparing by embalming of human remains for the funeral service, transportation, burial, entombment, cremation, or natural organic reduction, and who files all death certificates or permits as required by Chapter 31 of Title 16.

(8) “Funeral establishment” means any place used in the care and preparation of human remains for funeral service, burial, entombment, cremation, or natural organic reduction, including areas for embalming, the convenience of the bereaved for viewing, and other services associated with human remains. A funeral establishment also includes a place or office in which the business matters associated with funeral services are conducted.

(9) “Funeral services” means those services rendered for the disinfecting, embalming, burial, entombment, cremation, or natural organic reduction of human remains, including the sale of those goods and services usual to arranging and directing funeral services.

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

(11) “Intern” means a person, duly registered with the Board, engaged in training to become a licensed funeral director in this State under the direction and personal supervision of a state-licensed funeral director.

(12) “Natural organic reduction” means as defined in § 3101 of Title 16.

(13) “Natural organic reduction facility” means as defined in § 3101 of Title 16.

(14) “Nonresident funeral director” means a funeral director licensed in another state, district, territory or foreign country.

(15) “Person” means a corporation, company, association and partnership, as well as an individual.

(16) “Practitioner” means a funeral director.

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

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

(19) “Student of mortuary science” means a person registered in an official accredited Institution of Mortuary Science program.

(20) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the provision of funeral services.
24 Del. C. § 2550 — Delaware Code / Title 24 / Chapter 25 / Subchapter VI / Section 2550
§ Â
        2550. Emergency refills of noncontrolled drugs [Effective until June 30, 2026].
Status: in_force

(a) A pharmacist may dispense an emergency supply of a noncontrolled drug to a patient whose refill authorization has expired if:

(1) The supply dispensed is the minimum needed for the emergency period;

(2) The pharmacist has attempted to reach the prescribing practitioner and has determined that the prescribing practitioner is not available;

(3) The medication is, in the pharmacist’s professional judgment, essential for the continuation of therapy for a chronic condition; and

(4) The prescription was originally dispensed at the pharmacy.

(b) If a pharmacist dispenses an emergency supply of a noncontrolled drug pursuant to subsection (a) of this section:

(1) The refill date, quantity dispensed, and pharmacist’s initials must appear on the patient profile; and

(2) The prescribing practitioner must be notified either in writing or verbally about the pharmacist’s action, and the date of the notification must be documented on the patient profile.

(c) A prescription may be refilled with an emergency supply pursuant to this section only 1 time.
24 Del. C. § 2610 — Delaware Code / Title 24 / Chapter 26 / Section 2610
§ Â
        2610. Reciprocity.
Status: repealed

(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, and who, in addition:

(1) Meets the criteria for current licensure in good standing as defined in § 2606(a)(4)-(a)(6) and (a)(9) of this title and § 2606(a)(10) of this title [repealed]; and

(2) Has received the passing score on the national examination designated by the Board, for practice as a physical therapist, physical therapy assistant or athletic trainer; and

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

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

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

(b) In addition to meeting the requirements of § 2606(a)(4)-(a)(6) and (a)(9) of this title and § 2606(a)(10) of this title [repealed], foreign-trained applicants must also meet the requirements of § 2606(b) of this title.

(c) In the event a physical therapist, physical therapy assistant or athletic trainer, who previously was licensed in Delaware and who has let a license lapse, is applying for licensure under this subsection, the Board shall grant a license to such applicant, subject to subsection (a) of this section and completion of continuing education requirements, upon payment of the appropriate fee, and on submission of a written application on forms provided by the Board.

(d) An applicant may not be licensed until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction for a crime that is substantially related to the practice of physical therapy or athletic training may not be licensed by the Board unless a waiver is granted pursuant to § 2606(a)(6) of this title.
24 Del. C. § 513 — Delaware Code / Title 24 / Chapter 5 / Subchapter II / Section 513
§ Â
        513. Temporary license.
Status: in_force

(a) The Board, at its discretion, may issue a temporary license to practice podiatry in this State to a podiatrist, who is licensed or otherwise legally qualified to practice podiatry in any state of the United States or other jurisdiction, and who meets the following conditions:

(1) The applicant is entering this State for the purpose of taking charge of the practice of a person licensed to practice podiatry in this State during such licensee’s temporary illness or absence from this State; and

(2) The applicant shall complete an application, pay the appropriate fee established by the Division, and shall present proof of current licensure in “good standing” in the state or states where the applicant currently is and/or has been licensed. A license in “good standing” is defined in § 508(a)(4)-(7) of this title, and such applicant shall comply with the provisions of § 510(d) of this title.

(b) The person licensed to practice medicine in this State shall make the licensee’s request to the Board in writing and shall submit a certified statement that the purpose of the temporary license is to take charge of the licensee’s practice of podiatry in this State during a temporary illness or absence from this State.

(c) Such temporary license shall be effective for not less than 2 weeks nor for more than 3 months from date of issuance.

(d) The Board may also issue a temporary license to practice as a podiatric physician to an applicant who is participating in a residency program in this State and who is an otherwise qualified applicant for licensure in this State. The temporary license for such residency program participant will be valid for the period of residency and will expire immediately upon completion of or withdrawal from the residency or 24 months from issuance whichever is earlier. Such temporary license may be renewed once only for an additional 24 months and any such renewed license shall also expire immediately upon completion of or withdrawal from the residency program.
24 Del. C. § 5204 — Delaware Code / Title 24 / Chapter 52 / Subchapter I / Section 5204
§ Â
        5204. Organization; meetings; officers; quorum.
Status: in_force

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

(b) The Board annually shall elect a President, Vice-President, and Secretary. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms.

(c) A majority of the members shall constitute a quorum for the purpose of transacting business. No disciplinary action shall be taken without the affirmative vote of at least 5 members of the Board.

(d) Minutes of all meetings shall be recorded and the Division of Professional Regulation shall maintain copies. 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. § 1722A — Delaware Code / Title 24 / Chapter 17A / Section 1722A
§ Â
        1722A. Dissolution.
Status: in_force

(a) The Compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership of the Compact to 1 member state.

(b) Upon the dissolution of the Compact, the Compact becomes void and has no further effect. The business and affairs of the Interstate Commission shall be concluded, and surplus funds shall be distributed in accordance with the bylaws.
24 Del. C. § 2606C — Delaware Code / Title 24 / Chapter 26C / Section 2606C
§ Â
        2606C. Adverse actions.
Status: in_force

(a) A home state shall have exclusive power to impose adverse action against a license issued by the home state.

(b) A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.

(c) Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state’s laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.

(d) Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.

(e) A remote state shall have the authority to do all of the following:

(1) Take adverse actions under § 2604C(d) of this title against a licensee’s compact privilege in the state.

(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located.

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

(f) Joint investigations. —

(1) In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.

(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
24 Del. C. § 4026 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4026
§ Â
        4026. Appraisal management company controlling person.
Status: in_force

(a) Each appraisal management company applying to the Council for registration in this State shall designate 1 controlling person that will be the main contact for all communication between the Council and the appraisal management company.

(b) To serve as a controlling person of an appraisal management company, a person shall:

(1) Certify to the Council that the person has never had any financial, real estate or mortgage lending industry license or certificate issued by this State, or any other state, refused, denied, canceled, revoked or voluntarily surrendered, unless such license or certificate was subsequently granted or reinstated. This requirement may be waived by appeal and at the discretion of the Council.

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

b. An applicant may not be registered until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction that is substantially related to the practice of real estate appraisal may not be registered by the Council unless a waiver is granted pursuant to § 4008(a)(4) of this title. The State Bureau of Identification may release any subsequent criminal history to the Council.
24 Del. C. § 3310 — Delaware Code / Title 24 / Chapter 33 / Subchapter I / Section 3310
§ Â
        3310. Complaints.
Status: in_force

Anyone desiring to file a complaint against any person practicing veterinary medicine shall file a written complaint with the Division of Professional Regulation. All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29 of the Delaware Code, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.
24 Del. C. § 712 — Delaware Code / Title 24 / Chapter 7 / Section 712
§ Â
        712. License to practice.
Status: in_force

(a) Except as provided under subsection (b) of this section, no person may practice chiropractic in this State who has not been licensed in accordance with this chapter.

(b) Under rules and regulations adopted by the Board under this section and § 717 of this title, an individual licensed to practice chiropractic in any other state, district, or foreign country may consult with a chiropractor of this State licensed under this chapter. Consultations under this subsection are limited to examination, recommendation, or testimony in litigation.
24 Del. C. § 5603 — Delaware Code / Title 24 / Chapter 56 / Section 5603
§ Â
        5603. Constable Board of Examiners.
Status: in_force

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

(b) The Board consists of 7 members:

(1) The Superintendent of the Delaware State Police or the Superintendent’s designee.

(2) The Director of Public Safety of the New Castle County Police or the Director’s designee.

(3) The Attorney General or the Attorney General’s designee.

(4) A representative from the Delaware Police Chiefs Council, or the representative’s designee.

(5) Three commissioned constables, 1 of which shall be employed by a higher education institution and 1 of which shall be employed by a healthcare institution. All 3 commissioned constables shall be appointed by the Governor.

(c) The Superintendent of the Delaware State Police, or the Superintendent’s designee, shall serve as the Chair of the Board.

(d) The term of each member, excluding the Chair, whose term is indefinite, will be for 3 years.

(e) The Board must hold a minimum of 1 regularly-scheduled meeting, each calendar year, and such other meetings as the Superintendent deems necessary or as requested by a majority of board members.

(f) A board member may be suspended or removed by a majority of the full Board for misfeasance, nonfeasance, or malfeasance. A board member may appeal any suspension or removal to the Superior Court.

(g) Actions of the Board may be taken by majority vote of those present at board meetings where a quorum has been established. A quorum is a majority of the Board. All voting shall be done in person at regular or special meetings of the Board.
24 Del. C. § 5205 — Delaware Code / Title 24 / Chapter 52 / Subchapter I / Section 5205
§ Â
        5205. Records.
Status: in_force

The Division of Professional Regulation shall keep a register of all approved applications for license as a nursing home administrator, registration as a nursing home administrator-in-training, and license as an acting nursing home administrator, 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. § 2316 — Delaware Code / Title 24 / Chapter 23 / Subchapter II / Section 2316
§ Â
        2316. Rate of interest.
Status: in_force

No person conducting the business of a pawnbroker shall ask, demand or receive a greater rate of interest than 30 percent per month on any loans secured by pledge of personal property.
24 Del. C. § 1901A — Delaware Code / Title 24 / Chapter 19A / Section 1901A
§ Â
        1901A. Nurse Multistate Licensure Compact.
Status: in_force

The State hereby enters into the Nurse Multistate Licensure Compact (“Compact”) as set forth in this chapter. The text of the Compact is as set forth in this chapter.
24 Del. C. § 1904A — Delaware Code / Title 24 / Chapter 19A / Section 1904A
§ Â
        1904A. General provisions and jurisdiction.
Status: in_force

(a) A multistate license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each party state.

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

(c) Each party state shall require all of the following for an applicant to obtain or retain a multistate license in the home state:

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

(2) Has (a) graduated or is eligible to graduate from a licensing board-approved RN or LPN/VN prelicensure education program; or (b) graduated from a foreign RN or LPN/VN prelicensure education program that (a) has been approved by the authorized accrediting body in the applicable country and (b) has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program.

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

(4) Has successfully passed an NCLEX Examination or recognized predecessor, as applicable.

(5) Is eligible for or holds an active, unencumbered license.

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

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

(8) Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis.

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

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

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

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

(e) A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege subjects a nurse to the jurisdiction of the licensing board, the courts, and the laws of the party state in which the client is located at the time service is provided.

(f) Individuals not residing in a party state shall continue to be able to apply for a party state’s single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this Compact shall affect the requirements established by a party state for the issuance of a single-state license.

(g) Any nurse holding a home state multistate license, on January 20, 2018, may retain and renew the multistate license issued by the nurse’s then-current home state, provided that:

(1) A nurse, who changes primary state of residence after January 20, 2018, must meet all applicable requirements under subsection (c) of this section to obtain a multistate license from a new home state.

(2) A nurse who fails to satisfy the multistate licensure requirements in subsection (c) of this section due to a disqualifying event occurring after January 20, 2018, shall be ineligible to retain or renew a multistate license, and the nurse’s multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators (“Commission”).
24 Del. C. § 1622 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1622
§ Â
        1622. Change of management of adult entertainment establishment or adult-oriented retail establishment.
Status: in_force

(a) An adult entertainment establishment or adult-oriented retail establishment shall notify the Commission in writing within 10 days of any change, containing the full name(s), including nicknames or aliases, residential address(es), place(s) of employment, including address(es) and phone number(s), Social Security number, date of birth, driver’s license number and a photograph taken within 30 days of notification, of any change in the identity of the persons identified pursuant to § 1613(b) and (e) of this title.

(b) A violation of this section shall be punishable by a fine in the amount of $1,000.
24 Del. C. § 1804 — Delaware Code / Title 24 / Chapter 18 / Subchapter I / Section 1804
§ Â
        1804. 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 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, vice president, and secretary. Each term of office is for 1 year. An officer may not serve for more than 3 consecutive years in the same office.

(c) A majority of the members of the Board constitutes a quorum for the purpose of transacting business. However, at least 5 Board members must vote affirmatively to find that grounds for discipline exist and to impose a sanction for a disciplinary violation.

(d) Minutes of all meetings of the Board must be recorded. The Division shall maintain copies of the recorded minutes. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. A person requesting a transcript incurs the expense of preparing the transcript.
24 Del. C. § 1608 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1608
§ Â
        1608. Transferability of license.
Status: in_force

(a) Each license issued under this chapter shall be for the sole use and benefit of the licensee to whom it is issued and shall not be transferable.

(b) Whoever intentionally uses or permits the use, or attempts to use or permit the use of a license issued under this chapter by or on behalf of a person other than the licensee to whom said license shall be issued shall be fined not more than $500, or imprisoned for not more than 6 months, or both.
24 Del. C. § 2809 — Delaware Code / Title 24 / Chapter 28 / Section 2809
§ Â
        2809. Annual election of officers.
Status: in_force

The President, Vice-President, Secretary and Treasurer of the Council shall be elected annually from among the Council members by vote of the Council. No Council President or Vice-President may serve more than 2 consecutive 1-year terms in office.
24 Del. C. § 5209 — Delaware Code / Title 24 / Chapter 52 / Subchapter II / Section 5209
§ Â
        5209. Qualifications of applicant; report to Attorney General; judicial review.
Status: repealed

(a) An applicant applying for original licensure as a nursing home administrator under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:

(1) Has completed a Board-approved course of study in nursing home administration at an accredited educational institution and meets the educational and experience requirements of the Board, including:

a. Having received a baccalaureate or graduate degree from an accredited college or university with a major in health and human services, hospital administration, nursing or business administration; has been registered by the Board; and successfully completed a 6-month, pre-approved nursing home AIT program under the direct supervision of a Board-approved preceptor; or

b. Having received a baccalaureate or graduate degree in a field other than health and human services, hospital administration, nursing or business administration; has been registered by the Board; and successfully completed a 9-month, pre-approved nursing home AIT program under the direct supervision of a Board-approved preceptor; or

c. Having received an associate degree in any field from an accredited college or university, or holding a current Delaware license as a registered nurse; has been registered by the Board; and successfully completed a 12-month, pre-approved nursing home AIT program under the direct supervision of a Board-approved preceptor;

(2) Has achieved a passing score on all examinations prescribed by the Board;

(3) Has not received any administrative penalties regarding that applicant’s own practice as a nursing home administrator, including but not limited to fines, formal reprimands, license suspensions or revocation (other than for nonpayment of renewal fees), probationary limitations, and/or has not entered into any “consent agreements” which contain conditions placed by a licensing board on that applicant’s professional conduct and practice, including any voluntary surrender of a license. The Board may determine after a hearing whether an administrative penalty is grounds to deny licensure;

(4) Does not have any impairment related to drugs or alcohol that would limit the applicant’s ability to act as a nursing home administrator in a manner consistent with the safety of the public;

(5) Has not been adjudicated mentally incompetent by any court or administrative entity under any circumstances that would limit the applicant’s ability to act as a nursing home administrator in a manner consistent with the safety of the public. The Board may determine after a hearing whether such mental incompetence is grounds to deny licensure; and

(6) Has complied with the provisions of § 5208 of this title regarding criminal background records and does not have a criminal conviction record nor pending criminal charge which is substantially related to nursing home administration. However, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board, by an affirmative vote of a majority of the quorum, determines that granting a waiver would not create an unreasonable risk to public safety, the Board shall waive this paragraph (a)(6).

a.-d. [Repealed.]

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

(c) If the application of a person has been refused or rejected, and such applicant has reason to believe the Board acted without justification; has imposed higher or different standards for that applicant than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
24 Del. C. § 2003 — Delaware Code / Title 24 / Chapter 20 / Subchapter I / Section 2003
§ Â
        2003. Board of Occupational Therapy Practice; appointments; qualifications; term; vacancies; suspension or removal; compensation.
Status: repealed

(a) The Board of Occupational Therapy Practice administers and enforces this chapter.

(b) The Board consists of 5 members who are residents of this State and appointed by the Governor as follows:

(1) Two occupational therapists.

(2) One occupational therapy assistant.

(3) Two public members, who must meet all of the following qualifications:

a. Not be, nor ever have been, an occupational therapist or occupational therapy assistant.

b. Not be, nor ever have been, a member of the immediate family of an occupational therapist or occupational therapy assistant.

c. Not be, nor ever have been employed by an occupational therapist or occupational therapy assistant.

d. Not have a material interest in the providing of goods and services to an occupational therapist or occupational therapy assistant.

e. Not have been engaged in an activity directly related to occupational therapy.

(c) Each member is appointed for a term of 3 years. A member may succeed the member’s term for 1 additional term, and may not be appointed again until a period of 3 years has expired.

(d) [Repealed.]

(e) Any act or vote by a member appointed in violation of this section is 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 the amendment or revision amends this section to permit the appointment.

(f) (1) The Governor may remove a member for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office. If a member is absent from 3 consecutive meetings or attends less than 50% of meetings in a 12-month period, the member is in neglect of duty and may be assumed to have resigned, and the Governor may accept the member’s resignation.

(2) A member subject to disciplinary hearing is disqualified from board business until the charge is adjudicated or the matter is otherwise concluded.

(g) A member, while serving on the Board, may not hold elective office in any professional association of occupational therapists or occupational therapy assistants, including serving as head of the professional association’s Political Action Committee.

(h) The law regulating the conduct of officers and employees of the State under Chapter 58 of Title 29 applies to all members of the Board.

(i) [Repealed.]

(j) Each member of the Board must be reimbursed for all expenses involved in each meeting, including travel, and in addition must receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9.
24 Del. C. § 3519 — Delaware Code / Title 24 / Chapter 35 / Subchapter III / Section 3519
§ Â
        3519. Exemptions.
Status: repealed

(a) Nothing in this chapter shall be construed to prevent the teaching of psychology, the conduct of psychological research, or the provision of services or consultation to organizations or institutions; provided, that such teaching, research or service does not involve the direct practice of psychology with individuals or groups of individuals who are themselves, rather than a third party, the intended beneficiaries of such services. Persons holding an earned doctoral degree in psychology from an institution of higher education may use the title “psychologist” in conjunction with the activities permitted by this subsection.

(b) Nothing in this chapter shall be construed to prevent qualified members of other recognized professions from rendering services consistent with their professional training, the code of ethics of their respective professions and the laws of this State; provided, that they do not hold themselves out to the public by any title or description stating or implying that they are psychologists or psychological assistants or are licensed to practice psychology or registered to act as psychological assistants.

(c) Nothing in this chapter shall be construed to restrict the activities of rabbis, priests, ministers or the clergy of any synagogue, religious denomination or sect, when such activities are within the scope of the performance of their regular or specialized ministerial duties, and no separate charge is made, or when such activities are performed, whether with or without charge, for, or under auspices or sponsorship, individually, or in conjunction with others, of an established and legally recognizable church, synagogue, denomination or sect; and the person rendering service remains accountable to its established authority; provided, that they do not represent themselves to be psychologists or psychological assistants.

(d) Individuals who have been certified as school psychologists by the Department of Education shall be permitted to use the term “school psychologist” and/or “certified school psychologist.” Such persons shall be restricted in their practice to employment within those settings under the purview of the Department of Education and the State Board of Education.

(e) [Repealed].
24 Del. C. § 1724A — Delaware Code / Title 24 / Chapter 17A / Section 1724A
§ Â
        1724A. Binding effect of Compact and other laws.
Status: in_force

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

(b) All laws in a member state in conflict with the Compact are superseded to the extent of the conflict. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.

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

(d) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
24 Del. C. § 1907B — Delaware Code / Title 24 / Chapter 19B / Section 1907B
§ Â
        1907B. Coordinated licensure information system and exchange of information [Effective upon fulfillment of 83 Del. Laws, c. 110, Â 2].
Status: in_force

(a) All party states shall participate in a coordinated licensure information system of all APRNs, licensed registered nurses, and licensed practical/vocational nurses. This system will include information on the licensure and disciplinary history of each APRN, as submitted by party states, to assist in the coordinated administration of APRN licensure and enforcement efforts.

(b) The Commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this Compact.

(c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications (with the reasons for such denials) and APRN participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic and/or confidential under state law.

(d) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state.

(e) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.

(f) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing the information shall be removed from the coordinated licensure information system.

(g) The Compact administrator of each party state shall furnish a uniform data set to the Compact administrator of each other party state, which shall include, at a minimum all of the following:

(1) Identifying information.

(2) Licensure data.

(3) Information related to alternative program participation information.

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

(h) The Compact administrator of a party state shall provide all investigative documents and information requested by another party state.
24 Del. C. § 4033 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4033
§ Â
        4033. Appraisal reports; alteration; use.
Status: in_force

An appraisal management company shall not:

(1) Alter, modify, revise or otherwise change a completed appraisal report submitted by an independent appraiser, including removing the signature of the appraiser.

(2) Use an appraisal report submitted by an independent appraiser for any purpose other than the intended use stated in the report.
24 Del. C. § 2823 — Delaware Code / Title 24 / Chapter 28 / Section 2823
§ Â
        2823. Grounds for discipline; appeals.
Status: repealed

(a) Applicants, adjunct and affiliate members, and any person licensed under this chapter shall be subject to disciplinary penalties set forth in § 2824(c) of this title, if, after a hearing, the person is found to violate any of the following:

(1) The practice of any fraud or deceit in the attempt to obtain any authorization to practice engineering in this State;

(2) Any negligence, gross negligence, pattern of negligence, incompetence, or misconduct in the practice of engineering;

(3) Violation of the code of ethics promulgated by the Council;

(4) A crime that is substantially related to the practice of engineering;

(5) a. An activity resulting in discipline by another jurisdiction, state, territory, or possession of the United States, foreign country, the District of Columbia, the United States government, or any other governmental agency, if at least 1 of the grounds for discipline is the same or substantially equivalent to those contained in this section;

b. The voluntary surrendering of an engineering license in order to avoid disciplinary action by another jurisdiction, state, territory, or possession of the United States, foreign country, the District of Columbia, the United States government, or any other governmental agency, if at least 1 of the grounds for discipline is the same or substantially equivalent to those contained in this section.

(6) The failure to report instances of out-of-state discipline, as set forth in the immediately preceding paragraph, to the Executive Director of the Delaware Association of Professional Engineers within 60 days of the final order imposing discipline;

(7) Aiding or abetting another person in violating any provision of this chapter;

(8) Signing, affixing the licensee’s seal, or permitting the licensee’s seal or signature to be affixed to any specification, report, drawing, plan, plat, design information, construction document, or calculation, or revision thereof, that has not been prepared by the licensee or those under the licensee’s responsible charge; or

(9) Failure to comply with and satisfy the continuing professional competency guidelines and requirements.

(b) The Council shall have the power to review the actions of any applicants sitting for any examination that is conducted by, or on behalf of, the Association to determine the applicant’s qualification for licensure as a professional engineer or certification as an engineer intern.

(1) An examinee may be dismissed from examination and subject to disciplinary or other Council action for conduct, including:

a. Cheating on an examination;

b. Giving assistance to, or receiving assistance from another person;

c. Compromising the integrity of the examination;

d. Disruptive or abusive behavior;

e. Participating in any form of violation of exam policies or procedures during an examination.

(2) Evidence of failing to comply with an examination administrator’s policies and procedures subsequent to an examination may also be cause for action by the Council. An examinee who does not fully comply with the examination administrator’s policies and procedures during or after an examination may be subject to having those examination results invalidated and being prohibited from taking the examination again for a period determined by the Council. Examinations taken and passed in other jurisdictions while barred from taking that examination in Delaware will not be accepted for licensing purposes in Delaware.

(3) [Repealed.]

(c) The Council, after receipt of a complaint in accordance with § 2824(c) of this title associated with the practice of engineering in Delaware, shall have the power to review the actions and representations of individuals, corporations or partnerships not authorized by this chapter to engage in the practice of engineering in Delaware. Upon notice, hearing and review afforded by subchapters III and V of the Administrative Procedures Act, Chapter 101 of Title 29, the Council may issue a cease and desist order to an individual, corporation or partnership found to be engaged in the unauthorized practice of engineering, notwithstanding that the individual’s, corporation’s or partnership’s license has lapsed, expired or has been suspended or revoked.

(d) Subject to notice, hearing and review afforded by subchapters III and V of the Administrative Procedures Act, Chapter 101 of Title 29, the Council may fine any person who violates a cease and desist order not less than $100 or more than $1000. Each day a violation continues may be deemed a separate offense in the Council’s discretion.

(e) When disciplinary action requires the successful completion of additional training or education courses, Council shall determine the conditions of the additional training or education courses on a case-by-case basis, including, but not limited to, the type and number of hours of training or education. All training or education courses shall be related to the engineering profession and must be approved by Council.

(f) Any individual, corporation or partnership aggrieved by any disciplinary decision by Council may appeal such decision to the Superior Court. The appeal shall be filed within 30 days of the day the notice of the decision was mailed. The appeal shall be on the record without a trial de novo. If the Court determines that the record is insufficient for its review, it shall remand the case to the Council for further proceedings on the record. The Court, when factual determinations are at issue, shall take due account of the experience and specialized competence of the Council and of the purposes of the Delaware Professional Engineers’ Act under which Council has acted. The Court’s review, in the absence of actual fraud, shall be limited to determination of whether the Council’s decision was supported by substantial evidence on the record before it.

(g) When an action is brought in the Court for review of a Council decision, enforcement of such decision may be stayed by the Court only if it finds, upon a preliminary hearing, that the issues and facts presented for review are substantial and the stay is required to prevent irreparable harm.

(h) No appeal for relief of the Court shall be considered as having been taken or made until it has been filed with the Prothonotary and served upon the Council in accordance with the rules of the Court.
24 Del. C. § 2712 — Delaware Code / Title 24 / Chapter 27 / Subchapter II / Section 2712
§ Â
        2712. Grounds for discipline.
Status: in_force

(a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 2714 of this title after a hearing, the Board finds that the land surveyor:

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

(2) Has been convicted of a crime that is substantially related to the practice of land surveying; a copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor;

(3) Has excessively used or abused drugs;

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

(5) Has engaged in illegal, incompetent or grossly negligent conduct in the practice of land surveying;

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

(7) Has had that land surveyor’s license, certification or registration as a land surveyor suspended or revoked or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a land surveyor 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;

(8) Has failed to notify the Board that the land surveyor’s license or registration as a land surveyor 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

(9) While acting as a supervising land surveyor, has failed to supervise and take reasonable steps to see that unlicensed persons acting under the supervising land surveyor’s direction or control perform services responsibly, competently and ethically, in accordance with rules and regulations established by the Board. Supervising land surveyors shall be subject to disciplinary action for any acts or offenses which are grounds for such action when such acts or offenses are undertaken by unlicensed persons acting under the supervising land surveyor’s direction or control; or

(10) Has practiced or offered to practice as a land surveyor when the practitioner’s license has expired or lapsed.

(b) Subject to the provisions of this chapter and 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 land surveying 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.