24 Del. C. § 2608C — Delaware Code / Title 24 / Chapter 26C / Section 2608C
§ Â
        2608C. Data system.
Status: in_force

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

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

(1) Identifying information.

(2) Licensure data.

(3) Adverse actions against a license or compact privilege.

(4) Non-confidential information related to alternative program participation.

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

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

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

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

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

(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
24 Del. C. § 3064 — Delaware Code / Title 24 / Chapter 30 / Subchapter V / Section 3064
§ Â
        3064. Licensure by reciprocity and endorsement.
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 presents proof of licensure as an art therapist in good standing in another state, the District of Columbia, or territory of the United States, whose standards for such license are substantially similar to those of this State. A license in good standing is defined in § 3062(4) through (8) of this title.

(b) An applicant who is licensed in a jurisdiction whose standards are not substantially similar to those of this State, but who has held a license in good standing for a minimum of 5 years in the jurisdiction from which the applicant is applying for reciprocal license, and who has taken and passed the Board examination of the Art Therapy Credentials Board (ATCB) acceptable to the Board may be licensed, provided the applicant meets all other qualifications for reciprocity.
24 Del. C. § 4012 — Delaware Code / Title 24 / Chapter 40 / Subchapter II / Section 4012
§ Â
        4012. Fees.
Status: in_force

The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Council, as well as the proportional expenses incurred by the Division in its service on behalf of the Council. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate fees for the licensure biennium. The Division shall charge a biennial fee to licensees and certificate holders for enrollment in the federal roster or registry.
24 Del. C. § 1405 — Delaware Code / Title 24 / Chapter 14 / Subchapter I / Section 1405
§ Â
        1405. Records.
Status: in_force

The Division shall keep a register of all approved applications for license as a limited electrician, limited electrician special, master electrician and master electrician special, 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. § 2604C — Delaware Code / Title 24 / Chapter 26C / Section 2604C
§ Â
        2604C. Compact privilege.
Status: in_force

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

(1) Hold a license in the licensee’s home state.

(2) Have no encumbrance on any state license.

(3) Be eligible for a compact privilege in any member state under subsections (d), (f), and (h) of this section.

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

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

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

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

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

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

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

(d) A licensee providing physical therapy in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.

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

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

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

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

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

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

(2) All fines have been paid.

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

(h) Once the requirements of subsection (g) of this section have been met, the license must meet the requirements in subsection (a) of this section to obtain a compact privilege in a remote state.
24 Del. C. § 1128 — Delaware Code / Title 24 / Chapter 11 / Subchapter II / Section 1128
§ Â
        1128. Grounds for discipline.
Status: repealed

A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 1129 of this title, if, after a hearing, the Board finds that the dentist or dental hygienist:

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

(2) Has practiced dentistry or dental hygiene in an incompetent or grossly negligent manner or has otherwise been guilty of misconduct or unprofessional conduct. In addition to such acts or omissions as the Board may define as unprofessional conduct by rules and regulations, unprofessional conduct shall include, but shall not be limited to, practicing in a corporation or other business entity which actually limits or restricts the exercise and application of professional judgment by the dentist or dental hygienist to the detriment of the dentist’s or dental hygienist’s patients;

(3) [Repealed.]

(4) Has been convicted of any offense the circumstances of which substantially relate to the practice of dentistry or dental hygiene. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence thereof;

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

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

(7) Has had the practitioner’s license as a dentist or dental hygienist suspended or revoked, or has had other disciplinary action taken against the dentist or dental hygienist 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 prohibited by this chapter. Every person licensed as a dentist or dental hygienist in this State shall be deemed to have given consent to the release of this information by the Board or other comparable agency 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 practitioner’s license as a dentist or dental hygienist 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;

(9) Has a physical condition such that the performance of dentistry or dental hygiene is or may be injurious or prejudicial to the public;

(10) Has had the practitioner’s United States Drug Enforcement Administration (DEA) privileges restricted or revoked;

(11) Has engaged in the excessive use or abuse of drugs;

(12) Has maintained a facility in an unsanitary or unsafe condition. For purposes of this section, “facility” shall have the same meaning as defined in § 122(3)y.3.C. of Title 16;

(13) Has been convicted of a felony sexual offense;

(14) Has failed to report child abuse or neglect as required by § 903 of Title 16, or any successor thereto; or

(15) Has failed to report to the Division of Professional Regulation as required by § 1131A of this title.
24 Del. C. § 4423 — Delaware Code / Title 24 / Chapter 44 / Subchapter III / Section 4423
§ Â
        4423. Requirement to provide notification of installation information.
Status: in_force

All licensed manufactured home installers shall purchase approval decals from the Board, for a fee to be established by the Division. Such decal shall denote the date of setup, the name of the installer, and the number of the installer’s license. Approval decals shall be positioned and permanently affixed next to the manufactured home data plate.
24 Del. C. § 1323 — Delaware Code / Title 24 / Chapter 13 / Section 1323
§ Â
        1323. Surrender of expired, revoked or suspended license; loss or destruction of license.
Status: in_force

(a) Any person to whom the Board issued a registration or license under this chapter shall surrender such registration or license and all duplicate copies which have expired, or been revoked, suspended or surrendered.

(b) Any person issued a registration or license by the Board that is lost or destroyed must inform the Section and at the discretion of the Director, a duplicate may be issued.
24 Del. C. § 4102 — Delaware Code / Title 24 / Chapter 41 / Subchapter I / Section 4102
§ Â
        4102. 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 Home Inspectors established in this chapter.

(2) “Division” shall mean the State Division of Professional Regulation.

(3) “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 ability to perform the work of a home inspector.

(4) “Home” shall mean any residential property, or manufactured or modular home, which is a single-family dwelling, duplex, triplex, quadruplex, condominium unit, or cooperative unit. The term does not include the common areas of condominiums or cooperatives.

(5) “Home inspection” shall mean a visual analysis for the purposes of providing a written professional opinion of the condition of a building and its carports and garages, any reasonably accessible installed components and the operation of the building systems, including the controls normally operated by the owner, for the following components of a residential building of 4 units or fewer: heating system; electrical system; cooling system; plumbing system; structural components; foundation; roof covering; exterior and interior components; and site aspects as they affect the building.

(6) “Licensed home inspector” shall mean a person, who has met the licensing requirements of this chapter and who holds a current, valid license issued under this chapter.

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

(8) “Personal supervision” shall mean the active oversight by the licensed home inspector of the home inspector trainee. The trainee may assist in the completion of a home inspection report, and may co-sign a home inspection report, provided that the trainee has been under the personal supervision of the licensed home inspector, and provided further that the licensed home inspector shall review and sign the home inspection report and accept total responsibility for said home inspection report.

(9) “State” shall mean the State of Delaware.

(10) “Substantially related” shall mean 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 home inspecting.

(11) “Trainee” shall mean a person who has satisfied the requirements as set forth in § 4109 of this title and any requirements as set forth in the rules and regulations as established by the Board.
24 Del. C. § 3007A — Delaware Code / Title 24 / Chapter 30A / Section 3007A
§ Â
        3007A. Compact privilege to practice telehealth.
Status: in_force

(a) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with § 3003A of this title and under rules promulgated by the Commission, to practice professional counseling in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission.

(b) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.
24 Del. C. § 1729 — Delaware Code / Title 24 / Chapter 17 / Subchapter III / Section 1729
§ Â
        1729. Home health-care orders from out-of-state physicians.
Status: in_force

(a) Notwithstanding any other provision of this chapter or other law, a physician who is certified, licensed, or otherwise authorized to practice medicine in another state shall be exempt from the certification and registration requirements of this chapter in order to prescribe home health-care services provided by a home health-care agency licensed pursuant to Title 16 to a patient who resides in this State.

(b) The prescription of home health-care services under this section must first be made pursuant to an in-person physical examination of the patient performed within the jurisdictional boundaries of the state in which the prescribing physician is certified, licensed or otherwise authorized to practice medicine.
24 Del. C. § 3513A — Delaware Code / Title 24 / Chapter 35A / Section 3513A
§ Â
        3513A. Construction and severability.
Status: in_force

This Compact shall be liberally construed so as to effectuate the purposes thereof. If this Compact shall be held contrary to the constitution of any state member thereto, the Compact shall remain in full force and effect as to the remaining compact states.
24 Del. C. § 5409 — Delaware Code / Title 24 / Chapter 54 / Section 5409
§ Â
        5409. Required form of agency contract.
Status: in_force

(a) An agency contract must be in a record signed by the parties.

(b) An agency contract must contain all of the following:

(1) A statement that the athlete agent is registered as an athlete agent in this State and a list of any other states in which the athlete agent is registered as an athlete agent.

(2) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the agent under the contract and any other consideration the agent has received or will receive from any other source for entering into the contract or providing the services.

(3) The name of any person not listed in the agent’s application for registration or renewal of registration which will be compensated because the athlete signed the contract.

(4) A description of any expenses the athlete agrees to reimburse.

(5) A description of the services to be provided to the athlete.

(6) The duration of the contract.

(7) The date of execution.

(c) Subject to subsection (g) of this section, an agency contract must contain a conspicuous notice in boldface type and in substantially the following form:

WARNING TO STUDENT ATHLETE

IF YOU SIGN THIS CONTRACT:

(1)YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;

(2)IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND

(3)YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.

(d) An agency contract must be accompanied by a separate record signed by the student athlete or, if the athlete is a minor, the parent or guardian of the athlete acknowledging that signing the contract may result in the loss of the athlete’s eligibility to participate in the athlete’s sport.

(e) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned.

(f) At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the athlete is a minor, the parent or guardian of the athlete a copy in a record of the contract and the separate acknowledgement required by subsection (d) of this section.

(g) If a student athlete is a minor, an agency contract must be signed by the parent or guardian of the athlete and the notice required by subsection (c) of this section must be revised accordingly.

(h) The notice required under subsection (c) of this section and the record required under subsection (d) of this section must be in a language in which the student athlete is fluent or, if the athlete is a minor, a language in which the parent or guardian of the athlete is fluent.
24 Del. C. § 4018 — Delaware Code / Title 24 / Chapter 40 / Subchapter II / Section 4018
§ Â
        4018. Reinstatement of a suspended license; removal from probationary status.
Status: repealed

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

(b) Applicants for reinstatement shall pay the appropriate fees and submit documentation required by the Council as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate.

(c) [Repealed.]
24 Del. C. § 1713B — Delaware Code / Title 24 / Chapter 17B / Section 1713B
§ Â
        1713B. Construction and severability.
Status: in_force

(a) This Compact and the Commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the Commission’s rulemaking authority solely for those purposes.

(b) The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any participating state, a state seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.

(c) Notwithstanding subsection (b) of this section, the Commission may deny a state’s participation in the Compact or, in accordance with the requirements of § 1711B(b) of this title, terminate a participating state’s participation in the Compact, if it determines that a constitutional requirement of a participating state is, or would be with respect to a state seeking to participate in the Compact, a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any participating state, the Compact shall remain in full force and effect as to the remaining participating states and in full force and effect as to the participating state affected as to all severable matters.
24 Del. C. § 1329 — Delaware Code / Title 24 / Chapter 13 / Section 1329
§ Â
        1329. Disciplinary proceedings; appeal.
Status: in_force

(a) Grounds. —

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

(1) Acting as a security guard, armored car guard or private investigator without an identification card; or

(2) Operating a private security agency, private investigative agency, or armored car agency without a license; or

(3) Failure to comply with firearms or projectile weapons requirements pursuant to § 1321 of this title; or

(4) Obtaining criminal charges or convictions pursuant to § 1314, § 1315, § 1316, § 1317, § 1318, § 1319, or § 1320 of this title; or

(5) Failure to comply with inspection and subpoena requests pursuant to § 1307 of this title; or

(6) Failure to notify the Professional Licensing Section of any arrests; or

(7) Failure to keep identification card, badge or shield on your person while in the performance of your specific duties; or

(8) Failing to surrender a suspended or revoked license, or identification card; or

(9) Submitting false or fraudulent information material to any application for a license or identification card; or

(10) Failure to abide by the Board’s firearms or projectile weapons certification and recertification training requirements; or

(11) Using a firearms or projectile weapons instructor that has not been approved by the Board; or

(12) Violating any provision of this chapter or any rule or regulation promulgated by the Board.

(b) Disciplinary sanctions. —

(1) Permanently revoke a license, or identification card;

(2) Suspend a license or identification card;

(3) Issue a letter of reprimand;

(4) Refuse to issue a license, or identification card;

(5) Refuse to renew a license, or identification card;

(6) Issue an emergency suspension;

(7) Or otherwise discipline.

(c) Procedure. —

(1) After receipt of written notice from the Section of the Director’s denial, suspension, emergency suspension, or revocation of a license or identification card, the applicant or licensee shall be afforded a hearing before the Board.

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

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

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

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

(d) All decisions of the Board shall be final and conclusive. Where the applicant, licensee or identification card holder is in disagreement with the action of the Board, the individual may appeal the Board’s decision to the Secretary within 30 days of service or the postmarked date of the copy of the decision mailed to the individual. The appeal shall be on the record to the Secretary as provided in the Administrative Procedures Act, subchapter V of Chapter 101 of Title 29 (§ 10141 et seq. of Title 29).
24 Del. C. § 2551 — Delaware Code / Title 24 / Chapter 25 / Subchapter VII / Section 2551
§ Â
        2551. Immunity of officials reviewing prescription records and pharmacistsâ work [Effective until June 30, 2026].
Status: in_force

The members of the Board and pharmacists who are members of pharmacy peer review committees whose functions are to review prescription records and pharmacists’ work with the view to the validity, quality, and appropriateness of service are jointly and severally immune from liability for any claim or cause of action, civil and criminal, arising from an act or omission if the act or omission complained of was done in good faith and without gross or wanton negligence by any member or members acting individually or jointly in carrying out the responsibilities, authority, duties, powers, and privileges of the offices conferred by law upon them under this chapter or under any other provision of law or under rules and regulations of the Board or committees, with good faith being presumed until proven otherwise and with gross or wanton negligence required to be shown by the complainant.
24 Del. C. § 1924 — Delaware Code / Title 24 / Chapter 19 / Section 1924
§ Â
        1924. Unlawful practices.
Status: in_force

(a) No person shall practice or offer to practice professional, practical, or advanced practice registered nursing or shall represent oneself as a registered nurse, practical nurse, or advanced practice registered nurse in this State, or shall use any title, abbreviation, sign, card or device to indicate that such person is a registered nurse, licensed practical nurse, or advanced practice registered nurse, unless such person is licensed under this chapter.

(b) No person, hospital or institution shall conduct or shall offer to conduct a professional or practical nursing education program unless such person, hospital or institution is approved under this chapter.
24 Del. C. § 3907B — Delaware Code / Title 24 / Chapter 39 / Section 3907B
§ Â
        3907B. Qualifications of applicant; grandfathering.
Status: in_force

(a) Grandfathering period. —

(1) The Board shall issue a license to an applicant who meets all the applicable requirements under this section and has submitted a completed, signed application and the applicable fee by June 11, 2021.

(2) If the applicant does not provide all of the information that the Board has requested by June 11, 2021, the application for licensure is considered ineligible for grandfathering and is closed.

(b) An applicant who applies for licensure as a master’s social worker during the grandfathering period shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets the criteria under § 3907(a) of this title and has at least 1 of the following:

(1) At least 10 years of work experience obtained within 12 years immediately preceding application and supported by an experience affidavit, as established by the Board’s rules and regulations. The applicant must have obtained the work experience within the scope of master’s social work.

(2) At least 2 years of work experience obtained within the 4 years immediately preceding application and supported by an experience affidavit, as established by the Board’s rules and regulations. The applicant must have obtained the work experience within the scope of master’s social work. An applicant seeking licensure under this subsection must also have graduated and received a master’s degree that meets at least 1 of the following criteria:

a. Is a master’s degree in social work from a program accredited by the Council on Social Work Education or its successor.

b. Is a master’s degree in human services, social and behavioral sciences, psychology, sociology, or other related degree that the Board accepts, as established by the Board’s rules and regulations, from an accredited college or university.

(c) An applicant who applies for licensure as a baccalaureate social worker during the grandfathering period shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets the criteria under § 3907(a) of this title and has at least 1 of the following:

(1) At least 3 years of work experience obtained within 5 years immediately preceding application and supported by an experience affidavit, as established by the Board’s rules and regulations. The applicant must have obtained work experience within the scope of baccalaureate social work.

(2) At least 1 year of work experience obtained within 2 years immediately preceding application and supported by an experience affidavit, as established by the Board’s rules and regulations. The applicant must have obtained work experience within the scope of baccalaureate social work. The applicant must have also graduated and received a baccalaureate degree that meets at least 1 of the following criteria:

a. Is a baccalaureate degree in social work from a program accredited by the Council on Social Work Education or its successor.

b. Is a baccalaureate degree from an accredited college or university in human services, social and behavioral sciences, psychology, sociology, or other related degree that the Board accepts, as established by the Board’s rules and regulations.
24 Del. C. § 2517 — Delaware Code / Title 24 / Chapter 25 / Subchapter II / Section 2517
§ Â
        2517. Hearing procedures [Effective until June 30, 2026].
Status: in_force

(a) If a complaint alleging a violation of § 2515 of this title is filed with the Board pursuant to § 8735(h) of Title 29, the Board shall set a time and place to conduct a hearing on the complaint. The Board shall give notice of the hearing and shall conduct the hearing in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) A hearing pursuant to this section is informal, without the use of the Rules of Evidence. If the Board decides by a majority vote of all members that the complaint has merit, the Board may take any action permitted under this chapter that the Board considers necessary. The Board’s decision must be in writing and must include the reasons for the decision. The Board shall immediately mail its decision to the licensee or personally serve the licensee with the decision.

(c) If a licensee is in disagreement with the decision of the Board, the licensee may appeal the Board’s decision to the Superior Court within 30 days of the postmarked date of the copy of the decision mailed to that licensee, or within 30 days of service. Upon appeal, the Court shall hear the evidence on the record. A stay pending review may be granted by the Court in accordance with § 10144 of Title 29.
24 Del. C. § 1105 — Delaware Code / Title 24 / Chapter 11 / Subchapter I / Section 1105
§ Â
        1105. Dental Hygiene Advisory Committee.
Status: in_force

(a) There is created a State Dental Hygiene Advisory Committee which shall serve the Board on matters pertaining to the policy and practice of dental hygiene.

(b) The Committee shall consist of 3 licensed dental hygienists, appointed by the Governor, who are residents of this State and who have been actively practicing dental hygiene in this State for 2 years immediately preceding appointment to the Committee.

(1) No person shall be eligible for appointment to the Committee who is in any manner connected with or who has an interest in any dental hygiene college or the dental hygiene department of any college or university or any commercial dental enterprise.

(2) Each member shall serve a term of 3 years and remain eligible to participate in proceedings unless and until replaced by the Governor.

(3) All terms shall be staggered so that 1 new member is added and 1 member is retired each year.

(4) A member of the Committee shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency or neglect of duty.

(5) No member of the Committee shall hold elective office in any professional association of dental hygienists.

(6) Each member of the Committee shall be reimbursed, according to the policy of the Division of Professional Regulation, for all expenses involved in each meeting, including travel; and in addition, shall receive $50 for each meeting attended but not more than $500 in any calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended in that year.

(7) No 2 dental hygienists from the same practice may serve on the Advisory Committee at the same time.

(c) The Committee shall participate with members of the Board in:

(1) Voting on the qualifications of candidates who apply for licensure to practice dental hygiene;

(2) Voting on the composition of the state dental hygiene clinical/practical examination;

(3) Voting on the requirements for renewal of dental hygiene licenses;

(4) Voting on disciplinary actions involving hygienists; and

(5) Voting on other matters involving the policy and “practice of dental hygiene” as defined in § 1101 of this title and further defined in the Board’s rules and regulations. The Committee shall not vote on matters involving changing the scope of practice as defined in § 1101(14) of this title.
24 Del. C. § 1101 — Delaware Code / Title 24 / Chapter 11 / Subchapter I / Section 1101
§ Â
        1101. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Academic license” means a license issued under § 1132A of this title to a full-time director, chairperson, or attending faculty member of a hospital based dental, oral and maxillofacial surgery, or other specialty dental residency program for the purposes of teaching.

(2) “Board” means the State Board of Dentistry and Dental Hygiene established in this chapter.

(3) “Dental assistant” means any person not licensed to practice dentistry or dental hygiene in this State, who aids a dentist in the performance of generalized tasks, including chair-side aid, clerical work, reception, radiography, dental laboratory work, and any other such tasks delegated by the dentist.

(4) “Dental auxiliary personnel” means any person not licensed to practice dentistry in this State, who works in a dental office as either a dental assistant, dental hygienist, dental technician, or otherwise.

(5) “Dental hygienist” means a person who is qualified to practice dental hygiene as prescribed in this chapter.

(6) “Dental technician” means any person not licensed to practice dentistry in this State, engaged in the business of constructing, altering, repairing or duplicating full dentures (“plates”), partial dentures, splints, orthodontic appliances, fixed bridges, or any other prosthetic appliances.

(7) “Dentist” means a person who is qualified to practice dentistry as prescribed in the chapter.

(8) “Direct supervision” means the dentist is physically present in the dental office or facility for the duration of the procedure, diagnoses the condition to be treated, authorizes the procedure, and examines the patient before the patient’s dismissal.

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

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

(11) “Excessive use or abuse of drugs” means any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed individual with valid prescriptive authority or the abuse of alcoholic beverage or prescription or nonprescription drugs, such that it impairs a person’s ability to perform the work of a dentist or dental hygienist.

(12) “Local anesthesia” means the elimination of sensations, especially pain, in 1 part of the body by the topical application or regional injection of a drug, and includes anesthesia administered using the infiltration technique and anesthesia administered using the nerve block technique.

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

(14) “Practice of dental hygiene” means the removal of calculus deposits, plaque and stains from all surfaces of the teeth, and making instrumental examinations of the oral cavity, and assembling all necessary information for use by the dentist in diagnosis and treatment planning, and the performance of such prophylactic or preventive measures in the case of teeth, including the application of chemicals to the teeth and periodontal tissues, designed and approved for the prevention of dental caries or periodontal disease, as the Board may authorize. The “practice of dental hygiene” also includes the administration of local anesthesia under the direct supervision of a licensed dentist and in accordance with requirements and standards that the Board shall establish by regulation. The “practice of dental hygiene” does not include any other operation on the teeth or tissues of the mouth.

(15) “Practice of dentistry” means the evaluation, diagnosis, prevention, and treatment (nonsurgical, surgical or related procedures) of diseases, disorders, and conditions of the oral cavity, maxillofacial area, and the adjacent and associated structures and their impact on the human body provided by a dentist within the scope of the dentist’s education, training, and experience, in accordance with the ethics of the profession and applicable law. A person is construed to practice dentistry who by verbal claim, sign, advertisement, opening of an office, or in any other way, including use of the words “dentist,” “dental surgeon,” the letters “D.D.S.,” “D.M.D.,” or other letters or titles, represents the person to be a dentist, or who holds oneself out as able to perform, or who does perform, dental services or work. A person is regarded as practicing dentistry who is a manager, proprietor, operator, or conductor of a place for performing dental operations or who for a fee, salary, or other reward paid, or to be paid either to oneself or to another person, performs or advertises to perform dental operations of any kind.

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

(17) “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 dentistry or dental hygiene.
24 Del. C. § 2121 — Delaware Code / Title 24 / Chapter 21 / Section 2121
§ Â
        2121. Continuing education requirements.
Status: repealed

(a), (b) [Repealed.]

(c) The Board shall publish in its rules and regulations the guidelines governing acceptable continuing education requirements.

(d) In the event that any optometrist licensed in this State fails to meet continuing education requirements, that optometrist’s license shall lapse, and not be eligible for renewal, at the end of the licensing period in which the requirements were not met. The Board may provide for hardship exceptions to the continuing education requirements in its rules and regulations. Subject to the time period for renewal established pursuant to § 2112 of this title, the Board shall renew such license upon presentation of satisfactory evidence of successful completion of continuing education requirements and upon payment of all fees due.
24 Del. C. § 2815 — Delaware Code / Title 24 / Chapter 28 / Section 2815
§ Â
        2815. Bylaw approval by members.
Status: in_force

A bylaw is effective when approved by the members. Proposed bylaws or changes shall be submitted to the members for approval by means of a letter ballot returned by not less than 20 percent of the members within 30 days after the mailing thereof. Affirmative votes by the majority of members voting within the prescribed time shall constitute approval by the members.
24 Del. C. § 2909 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2909
§ Â
        2909. Reciprocal licensure.
Status: in_force

(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Commission, and subject to the further requirements set forth in this section, the Commission shall grant a license to an 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 the license shall be in “good standing” as defined in § 2907(a)(2), (3) and (4) of this title.

(b) A salesperson applicant shall also meet one of the following criteria:

(1) Presents proof of at least 3 years of continuous licensure, preceding the date of application, in another state, District of Columbia or territory of the United States and completion of real estate services transactions during those 3 years as specified in the rules and regulations; and has passed the state portion of the Delaware licensing examination; or

(2) Has successfully completed the Delaware law portion of the prelicensing course and passed the state portion of the Delaware licensing examination; or

(3) Has successfully completed the equivalent of the prescribed prelicensing education for the State in the other state, the District of Columbia, or territory of the United States and has passed the state portion of the Delaware licensing examination.

(c) An associate broker applicant shall, in addition to the requirements set forth in subsection (a) of this section, meet the following requirements:

(1) Shall be at least 23 years of age.

(2) Has the experience requirements as specified under the rules and regulations; and

(3) Has the financial prerequisites set forth in the rules and regulations; and

(4) Has passed the state portion of the examination for brokers.

(d) An applicant for a broker’s license shall meet the requirements set forth in subsection (c) of this section, shall submit verification of his or her responsibility for the day to day management and supervision of a brokerage organization, and shall meet the experience and education requirements as defined in the rules and regulations.

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

(f) Every applicant who is applying for licensure in an office located outside of this State, prior to being licensed, shall give irrevocable consent that legal action may be commenced against the applicant in the proper court of any county of this State in which a cause of action may arise or in which the plaintiff may reside, by service of any process or pleading authorized by the laws of this State upon any member of the Commission. In case any processes or pleadings are served upon any member of the Commission, a copy thereof shall be immediately forwarded by certified or registered mail to the main office of the licensee against which process or pleadings are directed.
24 Del. C. § 2619 — Delaware Code / Title 24 / Chapter 26 / Section 2619
§ Â
        2619. Treatment or examination of minors.
Status: in_force

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

(b) When a minor patient’s evaluation or treatment requires inspection or palpation involving the female breasts, or female or male genitalia or rectum, a person licensed to practice physical therapy or athletic training under this chapter shall provide notice to the person providing consent to treatment of the rights under this section. The notice shall be provided in written form or be conspicuously posted in a manner in which minor patients and their parent, guardian or other caretaker are made aware of the notice. In circumstances in which the posting or the provision of the written notice would not convey the right to have a chaperone present, the person licensed to practice physical therapy or athletic training shall use and document another means to ensure that the person understands the right under this section.

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

(d) The person licensed under this chapter that provides treatment to a minor pursuant to this section shall, contemporaneously with such treatment, note in the child’s medical record the name of each person present when such treatment is being provided.
24 Del. C. § 1307 — Delaware Code / Title 24 / Chapter 13 / Section 1307
§ Â
        1307. Investigations, subpoenas and injunctions.
Status: in_force

(a) (1) The Director shall have the authority to investigate any violations of this chapter or any rules or regulations adopted by the Board. The Section shall be responsible for issuing a final written report at the conclusion of its investigation.

(2) The Board may issue subpoenas to compel the production of pertinent books, accounts, records and documents.

(b) The Director shall have the power to enter at all reasonable times upon any private or public property for the purposes of determining whether or not there is compliance with, or violations of this chapter, or rules and regulations adopted by the Board.

(c) Upon a finding of a violation pursuant to the investigation, the Board shall cause a copy of the complaint, together with a notice of the time and place fixed for a hearing, to be served upon the practitioner at least 30 days before the date fixed for the hearing. In cases where the practitioner cannot be located or where personal service cannot be effected, substitute service shall be effected in the same manner as with civil litigation.

(d) (1) The Board may administer oaths and require testimony and evidence be given under oath.

(2) No witness shall refuse to obey a subpoena issued by the Board. Upon refusal, the Board may petition Superior Court to schedule a hearing to compel the witness to comply with the subpoena.

(e) During the investigation or upon a finding of violation of the provisions of this chapter or rule or regulation, the Board may request the Attorney General to make application to the Court of Chancery for an order enjoining such acts or practices or for an order directing compliance, and upon a showing by the Board of such a violation, a permanent or temporary injunction, restraining order or other order may be granted.
24 Del. C. § 5102 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5102
§ Â
        5102. Authority to regulate.
Status: in_force

The Board of Cosmetology and Barbering shall regulate persons performing any of the functions outlined in the duties of a cosmetologist, barber, electrologist, nail technician, aesthetician or instructor.
24 Del. C. § 1799O — Delaware Code / Title 24 / Chapter 17 / Subchapter XI / Section 1799O
§ Â
        1799O. Licensure required.
Status: in_force

(a) No person shall represent oneself or engage in the practice of genetic counseling as a licensed genetic counselor in this State or use the title “genetic counselor”, “licensed genetic counselor”, “L.G.C.”, “gene counselor”, “genetic consultant”, “genetic associate” or any combination of above terms and/or abbreviations unless such a person is licensed under this subchapter.

(b) This subchapter does not prohibit or restrict:

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

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

(3) The supervised practice of genetic counseling of a person pursuing a course of study leading to a degree in genetic counseling or an equivalent major, as authorized by the Board, from a ABGC accredited school or program, if the activities and services constitute a part of a supervised course of study and if the person is designated by a title that clearly indicates the person’s status as a student. This period is not to exceed 2 years unless written approval is provided by the Board. The individual will be supervised by an individual licensed under this subchapter or a physician.
24 Del. C. § 1418 — Delaware Code / Title 24 / Chapter 14 / Subchapter III / Section 1418
§ Â
        1418. Partnership, firm or corporation; loss of license holder.
Status: in_force

(a) If a partnership, firm or corporation suffers a loss of a license holder, the partnership, firm or corporation shall notify the Board in writing with supporting documentation within 7 days of the loss of a license holder.

(b) The Board shall schedule an emergency meeting within 10 days during which time the partnership, firm or corporation may continue to operate without a license holder provided the partnership, firm or corporation continues to employ the same personnel with the exception of the license holder.

(c) A person associated with the partnership, firm or corporation shall submit an application for a license to the Board, before the emergency meeting, for consideration by the Board at such meeting. At the emergency meeting the Board may issue a temporary license valid for 100 days dated from the date of notification by the partnership, firm or corporation.

(d) If approved at the emergency meeting, the applicant shall be scheduled for the next available examination.

(e) Regardless of the provisions of subsection (c) of this section, a temporary license shall expire when the Board receives notification of the results of the examination.

(f) If the partnership, firm or corporation allows the 100-day temporary license to expire without having a person obtain a license or having in their employ a person with a license, then said partnership, firm or corporation shall cease and desist immediately from all electrical work for which a license is required under this chapter.
24 Del. C. § 1131A — Delaware Code / Title 24 / Chapter 11 / Subchapter II / Section 1131A
§ Â
        1131A. Duty to report conduct that constitutes grounds for discipline or inability to practice.
Status: in_force

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

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

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

(d) All reports required under subsections (a), (b) and (c) of this section must be filed within 30 days of becoming aware of such information. A person reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.
24 Del. C. § 311 — Delaware Code / Title 24 / Chapter 3 / Section 311
§ Â
        311. Issuance and renewal of certificate of registration.
Status: in_force

(a) Each applicant who meets the requirements of §§ 307 and 308 of this title, or the requirements of § 309 of this title, and who pays the fee established under § 310 of this title, shall be issued a certificate of registration.

(b) Each certificate of registration shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation. The Board shall, in its rules and regulations, determine the period of time within which a registered architect may still renew a license, notwithstanding the fact that such registered architect has failed to renew on or before the renewal date; provided, however, that such period shall not exceed 1 year. The Board shall charge, for each month or quarter during such “late renewal period,” a late fee which at the end of such “late period” shall be twice the sum of the unpaid renewal fee. At the expiration of the period designated by the Board, the certification of registration of the registered architect shall be deemed to be lapsed and not renewable, unless the former Delaware registered architect, without further examination, files an application under the same conditions which govern the application for reciprocity pursuant to § 309 of this title, provided, however, that the former registered Delaware architect shall also pay a reinstatement fee in the amount which is 3 times the amount of the annualized reciprocity fee, as determined by the Division.
24 Del. C. § 715 — Delaware Code / Title 24 / Chapter 7 / Section 715
§ Â
        715. Filing false documents; penalty.
Status: in_force

Whoever files or attempts to file as that person’s own the diploma, certificate or license of another or a forged, false affidavit of identification or qualification is guilty of a felony and shall be fined not less than $500 nor more than $2,000 and imprisoned not more than 5 years.
24 Del. C. § 3714A — Delaware Code / Title 24 / Chapter 37A / Section 3714A
§ Â
        3714A. Construction and severability.
Status: in_force

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
24 Del. C. § 3808 — Delaware Code / Title 24 / Chapter 38 / Section 3808
§ Â
        3808. Continuing education.
Status: in_force

In order to maintain eligibility for licensure, renewal applicants must submit proof of continuing education. Thirty hours of continuing education are required during the 2-year licensure period. Continuing education hours must meet the requirements of the American Dietetic Association to be valid.
24 Del. C. § 2821 — Delaware Code / Title 24 / Chapter 28 / Section 2821
§ Â
        2821. Certificate of authorization.
Status: in_force

(a) An engineering corporation or partnership must have a certificate of authorization in order to practice, or offer to practice, engineering as defined in this chapter.

(b) The practice of or offer to practice engineering for the public by an engineering corporation or partnership which has been issued a certificate of authorization is permitted, provided that 1 of the officers or 1 of the employees of the said engineering corporation or partnership:

(1) Is designated as being in responsible charge of the engineering activities and engineering decisions of the said corporation or partnership; and

(2) Is a licensee.

(c) All personnel of any such engineering corporation or partnership who practice engineering on its behalf shall be licensees. The requirements of this chapter shall not prevent an engineering partnership or corporation and its employees from performing engineering services for the said engineering partnership or corporation or its subsidiaries or for affiliated corporations.

(d) An engineering corporation or partnership desiring a certificate of authorization shall file with the Council an application listing the names and addresses of all officers, board members and principals of the engineering corporation or partnership and also of any licensee who shall be in responsible charge of the practice of engineering through the said engineering corporation or partnership, together with any other information required by the Council. The same information must accompany the annual renewal fee. In the event there shall be a change in any of these persons during the year, such change shall be filed with the Council within 30 days after the effective date of such change. If all the requirements of this section are met, the Council shall issue a certificate of authorization to such engineering corporation or partnership, and such engineering corporation or partnership shall be authorized to contract for and to collect fees for furnishing engineering services.

(e) The Council may refuse or reject an applicant if, the Council finds that the applicant has practiced engineering without being authorized under this section. Notwithstanding such a finding, the Council may allow licensure of such applicant if the applicant presents to the Council suitable evidence of reform.

(f) No such engineering corporation or partnership shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of this compliance with the provisions of this section, nor shall any individual practicing engineering be relieved of responsibility for engineering services performed by reason of this employment or relationship with such corporation or partnership.

(g) Applicants for a certificate of authorization must comply with the applicable state tax laws of Chapter 23 of Title 30. Proof of such compliance is required by the Council prior to the issuance of a certificate of authorization.

(h) A licensee who practices, or offers to practice, engineering under a name other than that person’s licensed name is required to obtain a certificate of authorization, or to practice under a certificate of authorization.
24 Del. C. § 5607 — Delaware Code / Title 24 / Chapter 56 / Section 5607
§ Â
        5607. Qualifications and training.
Status: in_force

(a) All applicants and commissioned constables must meet all requirements of this chapter and all rules and regulations promulgated by the Board.

(b) Anyone who wishes to be commissioned under this chapter, must meet and maintain the following requirements:

(1) Must be a minimum of 21 years old.

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

(3) Must not have been convicted of any misdemeanor within the last 7 years prior to the date of application, which involves a theft-related offense, drug offense, or offense involving moral turpitude, or any misdemeanor that, in the discretion of the Board, bears such a relationship to the performance of a commissioned constable as to disqualify the individual from receiving a commission; and,

a. The individual has had no more than 2 misdemeanor convictions during the individual’s lifetime; and

b. The misdemeanor convictions did not occur during the individual’s employment as a constable regulated under this chapter.

(4) Must not have been adjudicated delinquent for conduct as a juvenile, which if committed as adult would have constituted a felony.

(5) Must not have been dishonorably discharged if the individual is a veteran of any branch of the armed forces.

(6) May not be a current sworn or civilian employee of any Delaware law-enforcement organization, as defined by the Police Officer Standards and Training Commission, or current sworn or civilian employee of a law-enforcement organization in any other state or federal jurisdiction.

(7) Must be fingerprinted and provide the required identification information and personal description to the State Bureau of Investigation for purposes of the Bureau obtaining a complete state and federal criminal background report.

(8) Must provide written documentation, at the time of original application or renewal, from an employer, stating that the applicant is employed or has been offered employment with the employer, and the employer requires a commissioned constable to protect life and property in circumstances where public law enforcement can not assist.

(c) Commissioned constables shall receive such additional training or in-service education as required by the Board.
24 Del. C. § 1907A — Delaware Code / Title 24 / Chapter 19A / Section 1907A
§ Â
        1907A. Coordinated licensure information system and exchange of information.
Status: in_force

(a) All party states shall participate in a coordinated licensure information system of all licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse 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 nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.

(d) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.

(e) 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 nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.

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

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

(h) 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.

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

(i) The Compact administrator of a party state shall provide all investigative documents and information requested by another party state.
24 Del. C. § 1769A — Delaware Code / Title 24 / Chapter 17 / Subchapter V / Section 1769A
§ Â
        1769A. Required warning to pregnant women of possible effects of using alcohol, cocaine, or other narcotics.
Status: in_force

(a) A person certified to practice medicine who treats, advises, or counsels pregnant women for matters relating to the pregnancy shall post warnings and give written and verbal warnings to all pregnant women regarding possible problems, complications, and injuries to themselves and/or to the fetus from the consumption or use of alcohol or cocaine, marijuana, heroin, and other narcotics during pregnancy.

(b) A person who treats, advises, or counsels pregnant women pursuant to subsection (a) of this section and who is certified to practice medicine may designate a licensed nurse to give the warnings required by this section.

(c) The Director of the Division of Public Health shall prescribe the form and content of the warnings required pursuant to this section.
24 Del. C. § 4022 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4022
§ Â
        4022. Registration of appraisal management companies.
Status: in_force

(a) A person shall not directly or indirectly engage or attempt to engage in business as an appraisal management company, directly or indirectly perform or attempt to perform appraisal management services or advertise or hold itself out as engaging in or conducting business as an appraisal management company without first obtaining a registration issued by the Council pursuant to this section, regardless of the entity’s use of appraisal management company, mortgage technology company or any other name.

(b) A person who wishes to be registered as an appraisal management company in this State must file a written application with the Council on a form prepared and furnished by the Council and pay a fee in an amount to be determined by the Division of Professional Regulation. The registration required by subsection (a) of this section shall include:

(1) The name, residence address, business address and telephone number of the applicant and the location of each principal office and branch office at which the appraisal management company will conduct business in this State.

(2) The name under which the applicant will conduct business as an appraisal management company.

(3) The name, residence address, business address and telephone number of each person who will have an interest in the appraisal management company as a principal, partner, officer, director or trustee, specifying the capacity and title of each person.

(4) If the person seeking registration is a corporation that is not domiciled in this State, the name and contact information for the company’s registered agent for service of process in this State.

(5) A certification that the person seeking registration has a system and process in place to verify that a person being added to the appraiser panel for the appraisal management company’s appraisal management services in this State holds a license or certification in good standing in this State.

(6) A certification that the person seeking registration has a system in place to review the work of all independent appraisers that are performing real property appraisal services for the appraisal management company on a periodic basis to confirm that the real property appraisal services are being conducted in accordance with Uniform Standards of Professional Appraisal Practice.

(7) A certification that the person maintains a detailed record of each service request that it receives and the independent appraiser that performs the real property appraisal services for the appraisal management company.

(8) A certification that the person seeking registration has a system in place to train those who select individual appraisers for real property services in this State, to ensure that the selectors have appropriate training in placing appraisal assignments.

(9) Proof of a surety bond of $20,000.

(10) A registration fee to cover the cost of enrollment in the federal roster or registry.
24 Del. C. § 5320 — Delaware Code / Title 24 / Chapter 53 / Subchapter II / Section 5320
§ Â
        5320. Unlicensed practice violations; penalties.
Status: in_force

(a) A placard, as provided by the Attorney General, must be prominently displayed at any entrance of an establishment that has not obtained a valid license or has a license that is suspended, revoked, or expired. The placard may not be removed unless the removal is approved by the Division.

(b) Whenever, in the judgment of the Division, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter or any rule, regulation or order issued thereunder, the Division may request the Attorney General to make application to the Court of Chancery for an order enjoining such acts or practices or for an order directing compliance and, upon a showing by the Division that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order or other order may be granted.

(c) The unlawful operation, management, ownership, or advertisement of any massage establishment or place where massage and bodywork services are rendered is hereby deemed a public nuisance.
24 Del. C. § 2309 — Delaware Code / Title 24 / Chapter 23 / Subchapter I / Section 2309
§ Â
        2309. Local regulations.
Status: in_force

Nothing in this chapter shall preclude political subdivisions of the State and municipalities from enacting laws more restrictive than the provisions of this chapter, but such laws shall be in addition to, not in lieu of, the regulations set forth in this chapter.
24 Del. C. § 2109 — Delaware Code / Title 24 / Chapter 21 / Section 2109
§ Â
        2109. Reciprocity.
Status: in_force

The Board shall waive the internship requirement for an applicant holding a valid license to practice optometry issued by another jurisdiction and who has practiced for a minimum of 5 years in such other jurisdiction with standards of licensure which are equal to or greater than those of this chapter and grant a license by reciprocity to such applicant. The applicant shall contact the National Practitioner Data Bank, requesting that verification be sent to the Board regarding that applicant’s licensure status. In addition, the applicant shall contact each jurisdiction where that applicant currently is licensed or has been previously licensed or otherwise authorized to practice optometry and request that a certified statement be provided to the Board stating whether or not there are disciplinary proceedings or unresolved complaints pending against the applicant. In the event there is a disciplinary proceeding or unresolved complaint pending, the applicant shall not be licensed until the proceeding or complaint has been resolved.
24 Del. C. § 2018 — Delaware Code / Title 24 / Chapter 20 / Subchapter II / Section 2018
§ Â
        2018. Hearing procedures.
Status: in_force

(a) If a complaint alleging violation of § 2015 of this title is filed with the Board under § 8735 of Title 29, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing must be given and the hearing must be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) All hearings are 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 must be in writing and include the Board’s reasons for the decision. The Board’s decision must be mailed immediately to the licensee.

(c) If the licensee is in disagreement with the Board’s action, the licensee may appeal the Board’s decision to the Superior Court within 30 days of service of the Board’s decision or the postmarked date of the copy of the decision mailed to the licensee. Upon an appeal, the Court shall hear the evidence on the record. The Court may grant a stay in accordance with § 10144 of Title 29.
24 Del. C. § 2829 — Delaware Code / Title 24 / Chapter 28 / Section 2829
§ Â
        2829. Seals, stamps, and signature.
Status: in_force

(a) Each licensee shall obtain a seal of the design authorized by the Council, bearing the licensee’s name, license number and the legend “professional engineer.” The seal format may be embossing, rubber stamp or digital. All new licensees must submit proof of their Delaware seal to the Council office no later than 6 months after the licensee’s application approval date, and failure to do so will result in the licensee being placed by the Council in delinquent status.

(b) In addition to the embossing seal required by the foregoing provisions of this section:

(1) Licensees may procure and use a stamp containing the same data as the embossing seal, or

(2) Licensees may use a seal, signature, and date that can be created or transmitted electronically.
24 Del. C. § 1935 — Delaware Code / Title 24 / Chapter 19 / Section 1935
§ Â
        1935. Advanced Practice Registered Nurse (APRN) â Authority and duties.
Status: repealed

(a) (1) The board of nursing grants full-practice and prescriptive authority upon the issuance of an APRN license.

(2) The Board may, by endorsement, license as an advanced practice registered nurse an applicant who is duly licensed as an advanced practice registered nurse or is entitled to perform similar services under a different title under the laws of another state or a territory of the United States or a foreign country if, in the opinion of the Board, the applicant meets the qualifications specified by its regulations for advanced practice registered nurses in this State.

(b) An APRN licensed by the Board of Nursing has full-practice authority and is authorized within the APRN’s role and population foci to:

(1) Prescribe, procure, administer, store, dispense, and furnish over the counter, legend and controlled substances pursuant to applicable state and federal laws and within the APRN’s role and population foci.

(2) Plan and initiate a therapeutic regimen within the APRN’s role and population foci that includes ordering and prescribing nonpharmacological interventions, including:

a. Medical devices and durable medical equipment, nutrition, blood, and blood products.

b. Diagnostic and supportive services including home health care, hospice, and physical and occupational therapy.

(3) Diagnose, prescribe and institute therapy or referrals of patients within the APRN’s role and population foci to health-care agencies, health-care providers and community resources.

(4) Sign death certificates.

(5) Terminate a human pregnancy in accordance with § 1790 of this title.

(c) APRNs shall seek consultation regarding treatment and care of patients as appropriate to patient needs and the APRN’s level of expertise and scope of practice.

(d) An APRN may be designated as the primary care provider by an insurer or health-care services corporation.

(e) An APRN shall not be held to any lesser standard of care than that of a physician providing care to a specific patient condition or population.

(f) Any APRN rendering services in person or by electronic means in Delaware must hold an active Delaware RN and APRN license.

(g) [Repealed.]
24 Del. C. § 3809 — Delaware Code / Title 24 / Chapter 38 / Section 3809
§ Â
        3809. Issuance and renewal of licenses; fees.
Status: in_force

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

(b) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a dietitian/nutritionist and who pays the established fees.

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

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

(e) A licensee, upon written request, may be placed in an inactive status for no more than 5 years. Such person, who desires to reactivate that person’s license, shall complete a Board-approved application form, submit a renewal fee, and proof of fulfillment of continuing education requirements in accordance with the rules and regulation of the Board.
24 Del. C. § 5513 — Delaware Code / Title 24 / Chapter 55 / Section 5513
§ Â
        5513. Jurisdiction.
Status: in_force

The Superior Court shall have jurisdiction over violations under this chapter.
24 Del. C. § 1226 — Delaware Code / Title 24 / Chapter 12 / Subchapter II / Section 1226
§ Â
        1226. Duties and authority of the security alarm system administrator [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

(a) The Department of Safety and Homeland Security, or its designee, shall:

(1) Designate a manner, form and telephone number for the communication of security alarm system dispatch requests; and

(2) Establish a procedure to accept cancellation of security dispatch requests, which shall be used by the security alarm system administrator to enforce the provisions of this section.

(b) The security alarm system administrator shall establish a procedure to record such information on security alarm system dispatch requests necessary to permit the security alarm system administrator to maintain records, including, but not limited to, the information listed below:

(1) Identification of the registration number for the security alarm system site;

(2) Identification of the security alarm system site;

(3) Date and time security alarm system dispatch request was received, including the name of the monitoring company and the monitoring operator name or number;

(4) Date and time of law-enforcement authority arrival at the security alarm system site;

(5) Zone and zone description, if available;

(6) Weather conditions;

(7) Name of security alarm system user's representative at the security alarm system site, if any;

(8) Identification of the responsible security alarm system installation company or monitoring company;

(9) If the law-enforcement authority was unable to locate the address of the security alarm system site; and,

(10) Cause of the alarm signal, if known.

(c) The security alarm system administrator shall establish a procedure for the notification of a false alarm to the security alarm system user. The notice shall include the following information:

(1) The date and time of law-enforcement authority response to the false alarm;

(2) A statement urging the security alarm system user to ensure that the security alarm system is properly operated, inspected and serviced in order to avoid false alarms and resulting fines.

(d) The security alarm system administrator may require a conference with a security alarm system user and the security alarm system installation company and/or monitoring company responsible for the repair or monitoring of the security alarm system to review the circumstances of each false alarm.

(e) The security alarm system administrator may require a security alarm system user to remove a holdup alarm that is a single action, nonrecessed button, if a false holdup alarm has occurred.
24 Del. C. § 2306 — Delaware Code / Title 24 / Chapter 23 / Subchapter I / Section 2306
§ Â
        2306. Stolen goods: notice to police.
Status: in_force

Any pawnbroker, secondhand dealer or scrap metal processor may seize any goods offered to such person for sale or as a pledge or pawn, which such person has reason to believe have been stolen. Such person shall immediately notify the law enforcement agency with jurisdiction over the premises where the sale or offer or pledge took place or where the goods are currently located. Any person acting in compliance with this section shall be immune from civil or criminal penalties if that person acts in good faith.
24 Del. C. § 2115 — Delaware Code / Title 24 / Chapter 21 / Section 2115
§ Â
        2115. 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 § 2113 of this title applies to a practitioner regulated by this chapter:

(1) Issue a letter of reprimand;

(2) Publicly 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; and

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 $500 for each violation in addition to suspension or revocation of a license; and/or

(7) The Board shall permanently revoke the license to practice optometry 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) 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. § 2020 — Delaware Code / Title 24 / Chapter 20 / Subchapter II / Section 2020
§ Â
        2020. Penalties.
Status: in_force

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

(1) Engage in the practice of occupational therapy.

(2) Use in connection with that person’s name or otherwise assume or use any title or description that conveys or tends to convey the impression that the person is qualified to practice occupational therapy.

(b) A person who violates subsection (a) of this section is guilty of a misdemeanor and subject to the following penalties:

(1) For the first offense, a fine of not less than $500 nor more than $1,000 for each offense.

(2) For each subsequent offense, a fine of not less than $1,000 nor more than $2,000 for each offense.

(c) Superior Court has jurisdiction over all violations of this chapter.
24 Del. C. § 3306 — Delaware Code / Title 24 / Chapter 33 / Subchapter I / Section 3306
§ Â
        3306. Board of Veterinary Medicine â Powers and duties.
Status: in_force

(a) The Board of Veterinary Medicine shall have authority to:

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

(2) Designate the application form to be used by all applicants, and process all applications; however, no application form shall require a picture of the applicant, nor require information relating to citizenship, place or date of birth, length of state residency, marital status, professional association memberships, moral character or require personal or professional references;

(3) Designate the written national examinations for veterinarians and veterinary technicians, prepared by either the applicable national professional association or by a recognized legitimate national testing service, and determine whether applicants are qualified to take such examinations. The examinations shall be prepared for testing on a national basis, and not specifically prepared at the request of the Board for its individual use. Veterinarians and veterinary technicians applying for licensure shall take the applicable national examination; and both applicants who qualify for original licensure and licensure by reciprocity shall have achieved the passing score on the national examination;

(4) Evaluate the credentials of all persons applying for a license to practice veterinary medicine or as a veterinary technician in Delaware in order to determine whether such persons meet the qualifications for licensing set forth in this chapter;

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

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

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

(8) Refer all complaints from licensees and the public concerning licensed veterinarians or veterinary technicians, or concerning practices of the Board or of the professions, to the Division for investigation pursuant to § 8735 of Title 29; and, assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint;

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

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

(b) The Board may require by subpoena the attendance and testimony of witnesses and production of papers, records or other documentary evidence.

(c) The Board of Veterinary Medicine shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of veterinary medicine.
24 Del. C. § 1702B — Delaware Code / Title 24 / Chapter 17B / Section 1702B
§ Â
        1702B. Purpose.
Status: in_force

(a) In order to strengthen access to medical services, and in recognition of the advances in the delivery of medical services, the participating states of the PA Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing authority of state licensing boards to license and discipline physician assistants and seeks to enhance the portability of a license to practice as a physician assistant while safeguarding the safety of patients. This Compact allows medical services to be provided by physician assistants, via the mutual recognition of the licensee’s qualifying license by other compact participating states. This Compact also adopts the prevailing standard for physician assistant licensure and affirms that the practice and delivery of medical services by the physician assistant occurs where the patient is located at the time of the patient encounter, and therefore requires the physician assistant to be under the jurisdiction of the state licensing board where the patient is located. State licensing boards that participate in this Compact retain the jurisdiction to impose adverse action against a compact privilege in that state issued to a physician assistant through the procedures of this Compact.

(b) The PA Licensure Compact will alleviate burdens for military families by allowing active duty military personnel and their spouses to obtain a compact privilege based on having an unrestricted license in good standing from a participating state.
24 Del. C. § 2513 — Delaware Code / Title 24 / Chapter 25 / Subchapter II / Section 2513
§ Â
        2513. Temporary license [Effective until June 30, 2026].
Status: in_force

The Executive Secretary may issue a temporary, 90-day license to practice pharmacy to a person who has made application for a permanent license and whose application is pending. In issuing a temporary, 90-day license, the Board may impose conditions as it considers appropriate, including, but not limited to, restrictions on the practice of pharmacy. The Board may grant 1 90-day extension of a temporary license.
24 Del. C. § 2802A — Delaware Code / Title 24 / Chapter 28 / Section 2802A
§ Â
        2802A. Exemption for expert testimony.
Status: in_force

Nothing in § 2802 of this title shall be construed as prohibiting an otherwise qualified engineer, duly licensed under the laws of a state other than Delaware, from offering expert testimony in any action or proceeding in the courts of this State, consistent with the requirements of Delaware Uniform Rule of Evidence 702.
24 Del. C. § 1324 — Delaware Code / Title 24 / Chapter 13 / Section 1324
§ Â
        1324. Identification card.
Status: in_force

Anyone required to be licensed under this chapter shall be issued, by the Board of Examiners, an identification card which shall expire and be renewable on the fifth anniversary date of the birth of the applicant next following the date of its issuance, unless the birth date is February 29, in which event the license shall expire and be renewable on February 28 every fifth year.
24 Del. C. § 5215 — Delaware Code / Title 24 / Chapter 52 / Subchapter II / Section 5215
§ Â
        5215. Issuance and renewal of licenses.
Status: in_force

(a) The Board shall issue a license to each applicant, who meets the requirements of this chapter for licensure as a nursing home administrator and who pays the fee established under § 5214 of this title.

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

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

(d) A licensee, upon written request, may be placed in an inactive status in accordance with the Board’s rules and regulations. Such person may reenter practice upon written notification to the Board of the intent to do so and completion of continuing education as required in the Board’s rules and regulations. The renewal fee of such person shall be prorated according to the amount of time such person was inactive.
24 Del. C. § 1917 — Delaware Code / Title 24 / Chapter 19 / Section 1917
§ Â
        1917. Licensed practical nurses licensed under previous law.
Status: in_force

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

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

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

(d) Any person who was licensed to practice nursing as a licensed practical nurse and who had requested to be placed on inactive status in this State on July 1, 1983, may become licensed as a licensed practical nurse under this chapter by applying for reactivation according to the rules and regulations established by the Board of Nursing.
24 Del. C. § 3909 — Delaware Code / Title 24 / Chapter 39 / Section 3909
§ Â
        3909. Reciprocity.
Status: in_force

(a) Upon payment of the required fee and submission and acceptance of a written application on forms that the Board provides, the Board shall grant a license to an applicant who has done all of the following:

(1) Presented proof of a current, active license in good standing and with no disciplinary action taken against the applicant in another jurisdiction whose standards the Board has determined are substantially similar to those of this State.

(2) Presented proof that, in any other jurisdiction in which the applicant is or was licensed, the applicant’s license is in good standing or the applicant is voluntarily no longer licensed.

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

(4) Provided the Board with a certified statement as to whether any outstanding or ongoing disciplinary actions or ethical violations are against the applicant, or whether the applicant has engaged in any of the acts or offenses that may be grounds for disciplinary action under this chapter. Applicants are deemed to consent to the release of information regarding disciplinary actions or ethical violations and waive all objections to the admissibility of the information as evidence at any hearing or other proceeding to which the applicant may be subject under this chapter.

(b) An applicant who has a license in another jurisdiction that has less stringent requirements than those of this State may obtain a license under this section if the applicant can prove to the Board’s satisfaction that the applicant has worked in another jurisdiction in the field for which the applicant is seeking a license in this State for at least 5 years in the 7 years immediately preceding application in this State. The Board may determine whether the requirements of another jurisdiction are less stringent than those of this State.
24 Del. C. § 3302 — Delaware Code / Title 24 / Chapter 33 / Subchapter I / Section 3302
§ Â
        3302. 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) “Accredited veterinary medicine school” shall mean any veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association (AVMA).

(2) “Animal” shall mean any animal other than man or woman, and includes fowl, birds, fish and reptiles, wild or domestic, living or dead.

(3) “Board” shall mean the State Board of Veterinary Medicine established in this chapter.

(4) “Division” shall mean the state Division of Professional Regulation.

(5) “Practice of veterinary medicine” shall mean:

a. To diagnose, prognose, treat, correct, change, relieve or prevent animal disease, deformity, defect, injury or other physical or mental conditions, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique, for testing for pregnancy or for correcting sterility or infertility, or to render advice or recommendation with regard to any of the above;

b. To represent directly or indirectly, publicly or privately, an ability and willingness to do any act described in paragraph (5)a. of this section;

c. To use any title, words, abbreviation or letters in a manner or under circumstances, which induce the belief that the person using them is qualified to do any act, described in paragraph (5)a. of this section, except where such person is a veterinarian.

(6) “State” shall mean the State of Delaware.

(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 veterinary medicine.

(8) “Veterinarian” shall mean a person who has received a degree in veterinary medicine from a school of veterinary medicine.

(9) “Veterinary medicine” shall include veterinary surgery, obstetrics, dentistry and all other branches or specialties of veterinary medicine.

(10) “Veterinary technician” shall mean a person who has received a degree from a veterinary technician program or its equivalent.
24 Del. C. § 2010 — Delaware Code / Title 24 / Chapter 20 / Subchapter II / Section 2010
§ Â
        2010. Foreign-trained applicants.
Status: in_force

In addition to the requirements of § 2008 of this title, a foreign-trained applicant is eligible for licensure as an occupational therapist or as an occupational therapy assistant after submitting to the Board satisfactory evidence of graduation from a school offering a program in occupational therapy or occupational therapy assistant which has been approved for the educational preparation of occupational therapists or occupational therapy assistants by the appropriate accrediting agency recognized by the National Board for Certification in Occupational Therapy, Inc., or its successor.
24 Del. C. § 1799Q — Delaware Code / Title 24 / Chapter 17 / Subchapter XI / Section 1799Q
§ Â
        1799Q. Unauthorized practice of genetic counseling.
Status: in_force

Whoever engages in the practice of genetic counseling or attempts to engage in the practice of genetic counseling contrary to the provisions of this subchapter shall be guilty of a Class G felony and shall be fined not less than $500 and not more than $1,500, or imprisoned not more than 2 years, or both.
24 Del. C. § 2719 — Delaware Code / Title 24 / Chapter 27 / Subchapter III / Section 2719
§ Â
        2719. Seal.
Status: in_force

Every land surveyor licensed in this State shall have a seal of a design authorized by the Board by regulation and which bears the professional land surveyor’s name. All technical submissions prepared by such land surveyor, or under that land surveyor’s direct supervision, shall be stamped with the impression of the professional land surveyor’s seal. No professional land surveyor shall impress that land surveyor’s seal on any technical submission unless it has been prepared under that land surveyor’s direct supervision.
24 Del. C. § 2928 — Delaware Code / Title 24 / Chapter 29 / Subchapter II / Section 2928
§ Â
        2928. Internet and World Wide Web.
Status: in_force

Entering a name and email address on an Internet or World Wide Web site is sufficient to establish a broker-consumer relationship for the use of that system, but does not in of itself create a broker-customer or client relationship for any other purpose. The broker may deliver the CIS by the Internet or World Wide Web and the customer may acknowledge receipt of it electronically. However, an exclusive business relationship or obligation for the customer or client to pay any compensation may only be created by a written brokerage agreement signed by the customer or client as a separate document. If the brokerage agreement is signed electronically it may not be part of a general consent to the terms of use of an Internet or World Wide Web site or other electronic device, but must be a conspicuous separate document.
24 Del. C. § 2908 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2908
§ Â
        2908. Fees.
Status: in_force

The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Commission, as well as the proportional expenses incurred by the Division in its services on behalf of the Commission. There shall be a separate fee charged for each service or activity, but no fee shall be charged for an activity not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each biennium year the Division, or any other state agency acting in its behalf, shall compute for each separate service or activity, the appropriate fee for the coming year.
24 Del. C. § 2914 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2914
§ Â
        2914. Disciplinary sanctions.
Status: in_force

(a) The Commission may impose any of the following sanctions, singly or in combination, when it finds that 1 or more of the conditions or violations set forth in § 2912 of this title applies to a licensee:

(1) Issue a letter of reprimand;

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

a. Report regularly to the Commission upon the matters which are the basis for the probation; and/or

b. Limit real estate services activities to those areas prescribed by the Commission.

(3) Impose a monetary penalty not to exceed $5,000 for each violation;

(4) Suspend any licensee’s license.

(5) Revoke or permanently revoke any licensee’s license.

(b) In addition to sanctions imposed under paragraphs (a)(1)-(4) of this section, the Commission may require a licensee to complete continuing education courses in subjects specified by the Commission in addition to those required for licensure renewal.

(c) The Commission may withdraw or reduce conditions of probation when it finds that deficiencies requiring such action have been remedied.

(d) Where the Commission has placed a licensee on probationary status under certain restrictions or conditions and the Commission has determined that such restrictions or conditions are being or have been violated by the licensee, it may, after a hearing on the matter, suspend or revoke the licensee’s license.
24 Del. C. § 4432 — Delaware Code / Title 24 / Chapter 44 / Subchapter IV / Section 4432
§ Â
        4432. Certification requirements.
Status: in_force

The Board may issue a manufactured home installation inspector’s certificate to any full-time, part-time, or casual/seasonal employee of an authorized inspection agency who has completed a certification course established or approved by the Board.
24 Del. C. § 5123 — Delaware Code / Title 24 / Chapter 51 / Subchapter II / Section 5123
§ Â
        5123. Objectives.
Status: in_force

The primary purpose for the licensing of aestheticians is to guarantee to the public that each licensed practitioner has achieved a minimum level of competence as an aesthetician.
24 Del. C. § 3610 — Delaware Code / Title 24 / Chapter 36 / Subchapter II / Section 3610
§ Â
        3610. Fees.
Status: in_force

The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.
24 Del. C. § 1907 — Delaware Code / Title 24 / Chapter 19 / Section 1907
§ Â
        1907. Delaware Board of Nursing â Revenue and expenses.
Status: in_force

(a) All fees and other money received by the Board shall be paid over to the State Treasurer, in accordance with Chapter 61 of Title 29.

(b) Expenses of the Board, within the limits of appropriations made to it, shall be paid by the State Treasurer upon warrants signed by the proper officers of the Board.
24 Del. C. § 1825 — Delaware Code / Title 24 / Chapter 18 / Subchapter III / Section 1825
§ Â
        1825. Issuance and renewal of licenses.
Status: in_force

(a) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a master HVACR licensee or master HVACR restricted licensee and who pays the appropriate fees established under § 1824 of this title.

(b) A license is renewable biennially in a manner determined by the Division, upon payment of the appropriate fee, submission of a renewal form provided by the Division, and proof that the licensee has met any continuing education requirements established by the Board.

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

(d) A licensee, upon the licensee’s written request, may be placed on inactive status for no more than 5 years. A licensee on inactive status who desires to reactivate that licensee’s license must complete and submit an application form approved by the Board, submit the reactivation fee set by the Division, and submit proof of fulfillment of any continuing education requirements established by the Board.
24 Del. C. § 3004A — Delaware Code / Title 24 / Chapter 30A / Section 3004A
§ Â
        3004A. Privilege to practice.
Status: in_force

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

(1) Hold a license in the home state;

(2) Have a valid United States Social Security number or National Practitioner Identifier;

(3) Be eligible for a privilege to practice in any member state in accordance with subsections (d), (g), and (h) of this section;

(4) Have not had any encumbrance or restriction against any license or privilege to practice within the previous 2 years;

(5) Notify the Commission that the licensee is seeking the privilege to practice within a remote state;

(6) Pay any applicable fees, including any state fee, for the privilege to practice;

(7) Meet any continuing competence/education requirements established by the home state;

(8) Meet any jurisprudence tequirements established by the remote state in which the licensee is seeking a privilege to practice; and

(9) Report to the Commission any adverse action, encumbrance, or restriction on license taken by any non-member state within 30 days from the date the action is taken.

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

(c) A licensee providing professional counseling in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.

(d) A licensee providing professional counseling services in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s privilege to practice in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a privilege to practice in any member state until the specific time for removal has passed and all fines are paid.

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

(1) The home state license is no longer encumbered; and

(2) Have not had any encumbrance or restriction against any license or privilege to practice within the previous 2 years.

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

(g) If a licensee’s privilege to practice in any remote state is removed, the individual may lose the privilege to practice in all other remote states until the following occur:

(1) The specific period of time for which the privilege to practice was removed has ended;

(2) All fines have been paid; and

(3) Have not had any encumbrance or restriction against any license or privilege to practice within the previous 2 years.

(h) Once the requirements of subsection (g) of this section have been met, the licensee must meet the requirements in subsection (a) of this section to obtain a privilege to practice in a remote state.
24 Del. C. § 1320 — Delaware Code / Title 24 / Chapter 13 / Section 1320
§ Â
        1320.  Armored car agency license requirements.
Status: in_force

An applicant applying for a license, to own and operate an armored car guard agency, shall have the same qualifications of the private security agency license and must also:

(1) Have at least 4 years of experience as a manager in a bona fide armored car agency or 5 years as a police officer for any local, state or federal agency or the equivalent thereof who has graduated from a certified law-enforcement academy;

(2) Have been issued a license by the Banking Commissioner pursuant to § 3203 of Title 5.
24 Del. C. § 1623 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1623
§ Â
        1623. Applicability of chapter.
Status: in_force

This chapter shall apply with equal force and effect to businesses and enterprises in existence prior to the effective date of this chapter and to those undertaken thereafter. The information required of all applicants hereunder shall be supplied to the Commission by any business subject to this chapter previously licensed pursuant to § 2905 of Title 30 within 20 days after the effective date of this chapter if such business has more than 90 days remaining on its then existing license.
24 Del. C. § 3508A  — Delaware Code / Title 24 / Chapter 35A / Section 3508A 
§ Â
        3508A . Coordination licensure information system.
Status: in_force

(a) The Commission shall provide for the development and maintenance of a coordinated licensure information system (coordinated database) and reporting system containing licensure and disciplinary action information on all psychologists individuals to whom this Compact is applicable in all compact states as defined by the rules of the Commission.

(b) Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the Coordinated Database on all licensees as required by the rules of the Commission, including:

(1) Identifying information.

(2) Licensure data.

(3) Significant investigatory information.

(4) Adverse actions against a psychologist’s license.

(5) An indicator that a psychologist’s authority to practice interjurisdictional telepsychology or temporary authorization to practice is revoked.

(6) Non-confidential information related to alternative program participation information.

(7) Any denial of application for licensure, and the reasons for such denial.

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

(c) The coordinated database administrator shall promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.

(d) Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.

(e) Any information submitted to the coordinated database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the coordinated database.
24 Del. C. § 1413 — Delaware Code / Title 24 / Chapter 14 / Subchapter II / Section 1413
§ Â
        1413. Complaints.
Status: in_force

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

(b) When it is determined that an individual, not currently licensed by the Board, is engaging, or has engaged, in providing electrical services to the public, or is using the title “master electrician”, “master electrician special”, “limited electrician”, “limited electrician special”, or other title implying that the individual is competent to provide electrical services, the Board shall apply to the Office of the Attorney General to issue a cease and desist order.
24 Del. C. § 4412 — Delaware Code / Title 24 / Chapter 44 / Subchapter II / Section 4412
§ Â
        4412. The Manufactured Home Installation Board; objectives.
Status: in_force

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

(b) The secondary objectives of the Board are to maintain minimum standards of competence; 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 persons regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against persons licensed or certified pursuant to this chapter.
24 Del. C. § 2716 — Delaware Code / Title 24 / Chapter 27 / Subchapter II / Section 2716
§ Â
        2716. Reinstatement of a suspended license; removal from probationary status.
Status: repealed

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

(b) Applicants for reinstatement shall pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate.

(c) [Repealed.]
24 Del. C. § 4023 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4023
§ Â
        4023. Exemptions from registration.
Status: in_force

Nothing in this chapter shall apply to:

(1) An appraisal management company that is a subsidiary owned and controlled by a financial institution that is subject to direct regulation by an agency of the United States government or of this State.

(2) A corporation, partnership, sole proprietorship, subsidiary or other business entity that employs real estate appraisers exclusively on an employer and employee basis for the performance of all real property appraisal services in the normal course of its business and that is responsible for ensuring that the real property appraisal services being performed by its employees are being performed in accordance with Uniform Standards of Professional Appraisal Practice and federal and state law.
24 Del. C. § 3613 — Delaware Code / Title 24 / Chapter 36 / Subchapter II / Section 3613
§ Â
        3613. Complaints.
Status: in_force

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

(b) When it is determined that an individual is engaging, or has engaged, in the practice of geology, or is using the title “geologist” and is not licensed under the laws of this State, the Board shall apply to the Office of the Attorney General to issue a cease and desist order after formally warning the unlicensed practitioner in accordance with this chapter.
24 Del. C. § 1811 — Delaware Code / Title 24 / Chapter 18 / Subchapter II / Section 1811
§ Â
        1811. Fees.
Status: in_force

The amount set by the Division for each fee imposed under this chapter shall approximate and reasonably reflect the costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its services on behalf of the Board. A separate fee may be charged for each service or activity, but a fee shall not be charged unless the service or activity is specified in this chapter. The application fee may not be combined with any other fee. At the beginning of each licensure biennium, the Division, or another state agency acting in its behalf, shall compute the fees for each separate service or activity for the licensure biennium.
24 Del. C. § 3311 — Delaware Code / Title 24 / Chapter 33 / Subchapter I / Section 3311
§ Â
        3311. Hearing procedures.
Status: in_force

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 3316 or § 3321 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 licensee.

(c) Where the licensee is in disagreement with the action of the Board, the licensee 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 licensee. 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. § 2531 — Delaware Code / Title 24 / Chapter 25 / Subchapter IV / Section 2531
§ Â
        2531. Hearings on actions involving permits [Effective until June 30, 2026].
Status: in_force

(a) If the Board intends not to issue a permit or intends to suspend or revoke a permit, the Board shall give written notice to the applicant or permit holder of the intended action and the reasons therefor. The applicant or permit holder has at least 10 days from the date of notice to request a hearing. Notice of the hearing must be given and the hearing must be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) A hearing pursuant to subsection (a) of this section is informal, without the use of the Rules of Evidence. The Board’s decision must be in writing and must include the reasons for the decision. The Board’s decision must be mailed immediately to or personally served upon the applicant or permit holder.

(c) If an applicant or permit holder is in disagreement with the decision of the Board, the applicant or permit holder may appeal the Board’s decision to the Superior Court within 30 days of the postmarked date of the copy of a mailed decision or within 30 days of the date of service of the decision. Upon appeal, the Court shall hear the evidence on the record. A stay pending review may be granted by the Court in accordance with § 10144 of Title 29.
24 Del. C. § 5407 — Delaware Code / Title 24 / Chapter 54 / Section 5407
§ Â
        5407. Suspension, revocation, or refusal to renew registration.
Status: in_force

(a) The Secretary may limit, suspend, revoke, or refuse to renew a registration of an individual registered under § 5406(a) of this title for conduct that would have justified refusal to grant a record of registration under § 5406(b) of this title.

(b) The Secretary may suspend or revoke a registration of an individual registered under § 5405(c) of this title or renewed under § 5406(e) of this title for any reason for which the Secretary could have refused to grant or renew registration or for conduct that would justify refusal to grant a record of registration under § 5406(b) of this title.
24 Del. C. § 1411 — Delaware Code / Title 24 / Chapter 14 / Subchapter II / Section 1411
§ Â
        1411. Issuance and renewal of licenses [Effective until July 1, 2026].
Status: in_force

(a) The Board shall issue a license to each applicant, who meets all of the requirements of this chapter for licensure as an electrician, in the category applied for, and who pays the fee established under § 1410 of this title, and submits proof of general liability insurance as required by the Board.

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

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

(d) A licensee, upon written request, may be placed in an inactive status in accordance with the Board’s rules and regulations. The renewal fee of such person shall be prorated according to the amount of time such person was inactive. Such person may reenter practice upon written request to the Board of the intent to do so, and completion of continuing education, as required in the Board’s rules and regulations.(a) The Board shall issue a license to each applicant, who meets all of the requirements of this chapter for licensure as an electrician, in the category applied for, and who pays the fee established under § 1410 of this title, and submits proof of general liability insurance as required by the Board.

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

(1) Apprentice electricians licensed 5 years or more prior to July 1, 2026, shall not be eligible to renew past the license’s current expiration date; however:

a. For good cause shown, the Board may, at its discretion, allow extensions of 1 year to enable the individual to complete an apprentice program approved by the Board.

b. Any such request must be made to the Board at least 60 days before the expiration date.

(2) Apprentice electricians licensed less than 5 years as of July 1, 2026, shall not be eligible to renew and the license’s expiration date shall be extended to expire 5 years from the current issue date; however:

a. For good cause shown, the Board may, at its discretion, allow extensions of 1 year to enable the individual to complete an apprentice program approved by the Board.

b. Any such request must be made to the Board at least 60 days before the expiration date.

(3) Any apprentice electrician license issued on or after July 1, 2026, will expire after 5 years and may be extended for good cause shown to the Board.

a. For good cause shown, the Board may, at its discretion, allow extensions of 1 year to enable the individual to complete an apprentice program approved by the Board.

b. Any such request must be made to the Board at least 60 days before the expiration date.

(4) School apprentice electrician licenses need not be renewed. These licenses remain valid as long as the license holder is enrolled in a board-approved vocational program at a vocational high school in this State or has attained the age of 18, whichever is later.

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

(d) A licensee, with the exception of a school apprentice, upon written request, may be placed in an inactive status in accordance with the Board’s rules and regulations. Such person may reenter practice upon written request to the Board of the intent to do so, and completion of continuing education, as required in the Board’s rules and regulations.
24 Del. C. § 1721A — Delaware Code / Title 24 / Chapter 17A / Section 1721A
§ Â
        1721A. Withdrawal.
Status: in_force

(a) Once effective, the Compact shall continue in force and remain binding upon every member state, provided that a member state may withdraw from the Compact by specifically repealing the statute which enacted the Compact into law.

(b) Withdrawal from the Compact shall be by the enactment of a statute repealing the same, but shall not take effect until 1 year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.

(c) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing the Compact in the withdrawing state.

(d) The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within 60 days of its receipt of notice provided under subsection (c) of this section.

(e) The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.

(f) Reinstatement following withdrawal of a member state shall occur upon the withdrawing date reenacting the Compact or upon such later date as determined by the Interstate Commission.

(g) The Interstate Commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.
24 Del. C. § 201 — Delaware Code / Title 24 / Chapter 2 / Section 201
§ Â
        201. Definitions.
Status: in_force

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

(1) “Board” shall mean the Delaware State Board of Landscape Architecture.

(2) “Landscape architect” shall mean a person who, on the basis of demonstrated knowledge acquired by professional education or practical experience, or both, has been granted and holds a current certificate entitling the person to use the designation “landscape architect” and practices landscape architecture in this State under the authority of this chapter.

(3) a. “Landscape architecture” shall mean any service or creative work the adequate performance of which requires landscape architectural education, training and experience. It shall mean the performance of professional services such as consultation, investigation, research, planning, design, preparation of drawings, specifications and contract documents, and responsible supervision or construction management in connection with the development of land areas where, and to the extent that the dominant purpose of such services is: The preservation, enhancement or determination of proper land uses, natural land features, wetlands and environmentally sensitive plant and animal communities, naturalistic and aesthetic values; the determination of settings, circulation systems, and hard scaping structures, grounds and approaches for buildings and structures or other improvements; the determination of environmental problems of land relating to erosion, flooding, blight and other hazards; the shaping and contouring of land and water forms; the setting of grades, determination of drainage and providing for storm drainage systems where such systems do not require structural design of system components and determination of landscape irrigation.

b. “Landscape architecture” shall include the design of such tangible objects and features as are necessary to the purpose outlined herein but shall not include the design of buildings, structures and utilities with separate and self-contained purposes such as are ordinarily included in the practice of architecture or engineering.

(4) “Substantially related” means the nature of criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to landscape architecture.
24 Del. C. § 4002 — Delaware Code / Title 24 / Chapter 40 / Subchapter I / Section 4002
§ Â
        4002. 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) “Appraisal” shall mean an analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate as of a specific date. An appraisal may be classified by subject matter into either a valuation or an analysis. A valuation is an estimate of the value of real estate or real property. An analysis is a study of real estate or real property other than estimating value. A competitive market analysis is not an appraisal.

(2) “Appraisal management company” means a corporation, partnership, sole proprietorship, subsidiary or other business entity that directly or indirectly performs appraisal management services, regardless of the use of the term “appraisal management company,” “mortgage technology provider,” “lender processing services,” “lender services,” “loan processor,” “mortgage services,” “real estate closing services provider,” “settlement services provider,” “vendor management company” or any other term, and that does any of the following:

a. Administers an appraiser panel of independent contract appraisers to perform real property appraisal services in this State for clients.

b. Receives requests for real property appraisal services from clients and, for a fee paid by the client, enters into an agreement with 1 or more independent appraisers to perform the real property appraisal services contained in the request.

c. Otherwise serves as a third-party liaison of appraisal management services between clients and appraisers.

(3) “Appraisal management services” means the process of receiving a request for the performance of real property appraisal services from a client, and for a fee paid by the client, entering into an agreement with 1 or more independent appraisers who are part of an appraiser panel to perform the real property appraisal services contained in the request.

(4) “Appraiser panel” means a group of independent appraisers that has been selected by an appraisal management company to perform real property appraisal services for the appraisal management company.

(5) “Appraisal review” means the act or process of developing and communicating an opinion about the quality of another appraiser’s work that was performed as part of an appraisal assignment, but does not include an examination of an appraisal for grammatical, typographical or other similar errors that do not communicate an opinion related to the appraiser’s data collection, analysis, opinions, conclusions, estimate of value or compliance with the Uniform Standards of Professional Appraisal Practice.

(6) “AQB” shall mean the Appraisal Qualifications Board appointed by the Appraisal Foundation to establish the minimum education, examination, and experience requirements for real estate appraisers providing appraisals in federally-related transactions.

(7) “Certified general real property appraiser” shall mean a person, who has met the certification requirements of this chapter pertaining to the appraisal of residential and nonresidential real property utilized in connection with federally-related transactions, and who holds a current, valid certificate issued under this chapter.

(8) “Certified residential appraiser” shall mean a person, who has met the certification requirements of this chapter, pertaining solely to the appraisal of residential real property utilized in connection with federally-related transactions, and who holds a current, valid certificate issued under this chapter.

(9) “Classroom hour” shall mean 50 minutes out of each 60-minute hour.

(10) “Controlling person” means any of the following:

a. An owner, officer or director of a corporation, partnership or other business entity seeking to offer appraisal management services in this State.

b. An individual who is employed, appointed or authorized by an appraisal management company and who has the authority to enter into a contractual relationship with clients for the performance of appraisal management services and to enter into agreements with independent appraisers for the performance of real property appraisal services.

c. An individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company.

(11) “Council” shall mean the State Council on Real Estate Appraisers established in this chapter.

(12) “Division” shall mean the State Division of Professional Regulation.

(13) “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 ability to perform the work of an appraiser.

(14) “Federal financial institutions regulatory agencies” means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, and the National Credit Union Administration.

(15) “Federally-related transaction” means any real-estate-related financial transaction which a federal financial institutions regulatory agency or the Resolution Trust Corporation engages in, contracts for, or regulates; and requires the services of an appraiser.

(16) “FIRREA” shall mean the Financial Institutions Reform, Recovery and Enforcement Act of 1989, the act of July 21, 2010 [P.L. 111-203, 124 Stat. 2190].

(17) “Licensed real property appraiser” shall mean a person, who has met the licensing requirements of this chapter and who may appraise noncomplex 1 to 4 residential units having a transaction value less than $1,000,000 and complex 1 to 4 residential units having a transaction value of $400,000 or less, and who holds a current, valid license issued under this chapter. Licensed appraisers cannot appraise a property with a market value in excess of $1,000,000.

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

(19) “Personal supervision” shall mean the active oversight by the state-licensed or certified real estate appraiser of the real property appraiser trainee. The trainee may assist in the completion of an appraisal report, including an opinion of value, and may co-sign an appraisal, provided that the trainee has been under the personal supervision of the state certified or licensed real estate appraiser, and provided further that the state-certified or licensed real estate appraiser shall review and sign the appraisal report and accept total responsibility for said appraisal report.

(20) “Real estate appraiser” means any person who advises, consults, or prepares analyses with respect to real estate values, uses, sales, developments or disposition, including acquisitions by eminent domain, or renders opinions relevant to the marketability of real estate, as a whole or partial vocation.

(21) “Real estate-related financial transaction” shall mean a transaction involving the following:

a. Sale, lease, purchase, investment in or exchange of real property, including interests in property or the financing thereof.

b. Refinancing of real property or interests in real property.

c. Use of real property or interests in property as security for a loan or investment, including mortgage-backed securities.

(22) “Real property” shall mean 1 or more defined interests, benefits, and rights inherent in the ownership of real estate.

(23) “State” shall mean the State of Delaware.

(24) “Substantially related” shall mean 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 real estate appraisal.

(25) “Trainee” shall mean a person who has completed classroom hours of education on real estate matters satisfactory to the Council, as indicated in the rules and regulations, including classroom hours on the topic of Uniform Standards of Professional Appraisal Practice.

(26) “Uniform Standards of Professional Appraisal Practice” (USPAP) shall mean the standards of appraisal practice established by The Appraisal Foundation.
24 Del. C. § 2116 — Delaware Code / Title 24 / Chapter 21 / Section 2116
§ Â
        2116. Hearing procedures.
Status: in_force

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 2115 of this chapter, 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. § 4016A — Delaware Code / Title 24 / Chapter 40 / Subchapter II / Section 4016A
§ Â
        4016A. Counseling; letters of concern.
Status: in_force

(a) If the Council determines after an investigation that a violation of this chapter or of the rules and regulations enacted pursuant to this chapter warranting formal disciplinary action has not occurred, but that an act or omission of the licensee or certificate holder is a matter of concern and that licensee’s or certificate holder’s practice may be improved if made aware of the concern, the Council may issue a nondisciplinary confidential letter of concern regarding the licensee’s or certificate holder’s act or omission.

(b) If a person licensed under this chapter receives a total of 3 letters of concern pursuant to this section, the Council may reasonably require a formal assessment of professional competency to assess the licensee’s or certificate holder’s ability in order to protect the health and safety of the public. At such hearing, all of the licensee’s or certificate holder’s letters of concern may be deemed no longer confidential and may be admitted into evidence.
24 Del. C. § 4415 — Delaware Code / Title 24 / Chapter 44 / Subchapter II / Section 4415
§ Â
        4415. The Manufactured Home Installation Board; 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 and vice-president. Each officer shall serve for 1 year and may not serve more than 2 consecutive terms.

(c) A majority of the members constitutes a quorum for the purpose of transacting business. No disciplinary action may be taken without the affirmative vote of at least 3 members of the Board.

(d) Minutes of all meetings shall be recorded and delivered to the Division in a timely manner following the meeting. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The person requesting the transcript shall incur the cost of preparing any transcript.
24 Del. C. § 1760 — Delaware Code / Title 24 / Chapter 17 / Subchapter V / Section 1760
§ Â
        1760. Determination of death.
Status: in_force

(a) An individual who has sustained either:

(1) Irreversible cessation of circulatory and respiratory functions or

(2) Irreversible cessation of all functions of the entire brain, including the brain stem,

is dead. A determination of death pursuant to this section must be made in accordance with accepted medical standards.

(b) A determination of death pursuant to this section may be made by a person certified to practice medicine under this chapter by either:

(1) Personal examination of the individual believed to be dead, or

(2) The use of information provided by an EMT-P (paramedic) using telemetric or transtelephonic means in accordance with protocols approved by the Board of Medical Licensure and Discipline, following recommendations of the Board’s Advanced Life Support Committee.

(c) This section must be applied and construed to effectuate its general purpose to make uniform the law with respect to the determination of death among states enacting it.

(d) This section may be cited as the “Uniform Determination of Death Act”.
24 Del. C. § 1799KK — Delaware Code / Title 24 / Chapter 17 / Subchapter XIII / Section 1799KK
§ Â
        1799KK. Physician-midwife relationship.
Status: in_force

(a) No health-care provider or facility shall be vicariously liable for an injury resulting from an act or omission by a midwife unless an employment and/or agency relationship has been established between the midwife and the health-care provider or facility.

(b) Upon the successful transfer of care of a client from a midwife to a licensed physician in accordance with § 1799JJ(1) of this title, if authorized by the client, physician, and facility the licensed midwife may provide concurrent care with a physician and surgeon and, be present during the labor and childbirth, and resume postpartum care, if appropriate.
24 Del. C. § 1326 — Delaware Code / Title 24 / Chapter 13 / Section 1326
§ Â
        1326.  Identification card; offenses.
Status: in_force

(a) For the purpose of identification of persons engaged in the conduct of a security guard or armored car guard, each such person shall carry and show when requested an identification card, which shall be issued by the Section. For the purpose of identification of employees of a private security agency or armored car agency, upon examination of employee’s statement and fingerprint cards, the Section shall furnish an identification card.

(b) No person licensed under this chapter or the officers shall wear, carry or accept any badge or shield purporting to indicate that such person is a security guard, armored car guard or that such person performs any such service, or may, while in uniform and while on the premises of the employer of the licensee where the security guard or armored car guard is so acting, wear a badge or shield inscribed by the specifications set forth in the rules and regulations of the Board.

(c) No person licensed under this chapter shall issue identification cards to any person other than a bona fide employee or shall sell, issue, rent, loan or distribute badges or membership cards indicating that the holder thereof is a security guard, armored car guard or is engaged in the private security or armored car business to any person or persons other than those lawfully entitled to such identification cards.

(d) Any person to whom an identification card has been issued in accordance with this chapter, shall surrender the identification card to the Section:

(1) Upon termination of employment, unless for a security guard who transfers employment to another private security agency; or

(2) Upon suspension or revocation by the Board; or

(3) Upon emergency suspension by the Director.

(e) Identification cards approved by the Section shall expire and be renewable on the fifth anniversary of the date of birth of the applicant, next following the date of its issuance. If the date of birth is February 29, the identification card shall expire and be renewed on February 28 every fifth year, with the exception of the armored car identification cards which shall expire and be renewed every 2 years.

(f) The Section may refuse to renew an identification card for any grounds set forth in this chapter.

(g) A private investigative agency shall notify the Section within 10 days after the termination of employment or association of any identification card holder employed by the agency.

(h) Whoever violates this section shall be fined not more than $50.
24 Del. C. § 3915D — Delaware Code / Title 24 / Chapter 39D / Section 3915D
§ Â
        3915D. Construction and severability.
Status: in_force

(a) This Compact and the Commission’s rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the Commission’s rulemaking authority solely for those purposes.

(b) The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person, or circumstance shall not be affected thereby.

(c) Notwithstanding subsection (b) of this section, the Commission may deny a state’s participation in the Compact or, in accordance with the requirements of § 3913D(b) of this title, terminate a member state’s participation in the Compact, if it determines that a constitutional requirement of a member state is a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
24 Del. C. § 3710 — Delaware Code / Title 24 / Chapter 37 / Subchapter II / Section 3710
§ Â
        3710. Reciprocity [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: in_force

(a) Upon payment of the appropriate fee and submission and acceptance of an application, the Board shall grant a license to an applicant who presents proof of current licensure in good standing, as defined in § 3708(b) of this title, 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 minimum of 5 years after licensure. All applicants shall submit evidence verified by oath that, in all states in which the applicant is or was licensed, the applicant’s license is in good standing.

(b) Audiologists licensed prior to July 10, 2009, and who have maintained licensure, are exempted from the educational requirement set forth in § 3708(a)(2) of this title.

(c) An applicant for licensure as a speech/language pathologist who has received a degree from a foreign school, college, or university, shall have received a master’s degree, or its equivalent, or a doctoral degree, or its equivalent, and shall submit an evaluation of professional education and training, prepared by a Board approved credentialing agency, and paid for by the applicant. The evaluation must provide evidence and documentation that the applicant’s education is substantially equivalent to the education of a speech/language pathologist who graduated from a program approved for the educational preparation of speech/language pathologists by the appropriate accrediting agency recognized by the Board. An applicant for licensure as an audiologist, who has received a degree from a foreign school, college, or university, shall have received a doctoral degree or its equivalent, and shall submit an evaluation of professional education and training, prepared by a Board-approved credentialing agency, and paid for by the applicant. The evaluation must provide evidence and documentation that the applicant’s education is substantially equivalent to the education of an audiologist who graduated from a program approved for the educational preparation of audiologists by the appropriate accrediting agency recognized by the Board.

(d) In the event that a disciplinary proceeding or unresolved complaint is pending at the time of application, the applicant shall report the final disposition of the matter to the Board within 20 days.
24 Del. C. § 5505 — Delaware Code / Title 24 / Chapter 55 / Section 5505
§ Â
        5505. Emergency suspension.
Status: in_force

(a) The Director shall be granted the power to impose an emergency suspension on any person licensed under this chapter if, in the opinion of the Director, that failure to take such action could jeopardize the public’s safety and welfare.

(b) Any person whose license is suspended by the Director, under subsection (a) of this section shall be granted a full hearing, by the Board, within 10 days from the date that the request for a hearing is received by the Director, provided that the violating party request such a hearing, in writing, to the Director within 5 days of the suspension. With the consent of the person requesting a hearing, the hearing may be schedule at the next quarterly meeting of the Board.
24 Del. C. § 1203 — Delaware Code / Title 24 / Chapter 12 / Subchapter I / Section 1203
§ Â
        1203. Duties and powers of Professional Licensing Section [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

The Professional Licensing Section shall have all of the following duties and powers:

(1) Adopt and, from time to time, revise such rules, 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) Conduct hearings upon request for denial, suspension or revocation of a security alarm business license or security alarm business employee license.

(4) Issue subpoenas and compel the attendance of witnesses, and administer oaths to persons giving testimony at hearings.

(5) Perform inspections by entering at all reasonable times upon any security alarm business or location of a compliance agent, whether public or private property, for the purpose of determining compliance with or violations of this chapter and the promulgated rules and regulations. The Professional Licensing Section shall give any security alarm business 48 hours to comply and schedule such an inspection.

(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 Superintendent.
24 Del. C. § 1632 — Delaware Code / Title 24 / Chapter 16 / Subchapter II / Section 1632
§ Â
        1632. Definitions.
Status: in_force

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

(1) “Booths, stalls or partitioned portions of a room or individual rooms” shall mean:

a. Enclosures specifically offered to persons for a fee, or as an incident to performing high-risk sexual conduct; or

b. Enclosures which are part of a business operated on the premises, which offers movies or other entertainment to be viewed within such enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee.

The words “booths, stalls or partitioned portions of a room or individual rooms” shall not mean enclosures which are private offices used by an owner, manager or other person employed on the premises for attending to the tasks of such person’s employment, and which office or enclosure is not held out for use or hire to the public for the purpose of viewing movies or other entertainment for a fee, and which are not open to any persons other than employees.

(2) “Doors, curtains or portal partitions” shall mean full, complete, nontransparent closure devices constructed so that one outside cannot see or view activity taking place within the enclosure.

(3) “Hazardous site” shall mean any commercial premises, building, structure or any part thereof, which is a site of high-risk sexual conduct.

(4) “High-risk sexual conduct” shall mean:

a. Fellatio;

b. Anal intercourse; and/or

c. Vaginal intercourse with persons who engage in sexual acts for exchange of money.

(5) “Open to an adjacent public room so that the area inside is visible to persons in such adjacent room” shall mean either:

a. The absence of any door, curtain or portal partition; or

b. A door or other device which is made of clear, transparent material such as glass, plexiglass or other similar material meeting building code and safety standards, which permits the activity inside the enclosure to be viewed or seen by persons outside the enclosure.

(6) “Secretary” shall mean the Secretary of the Department of Health and Social Services.
24 Del. C. § 4422 — Delaware Code / Title 24 / Chapter 44 / Subchapter III / Section 4422
§ Â
        4422. Installation inspections.
Status: in_force

(a) All installations of manufactured homes, whether new or previously owned, shall be subject to a minimum of 2 and a maximum of 5 inspections conducted prior to the owner taking occupancy, and the issuance of a certificate of completion or occupancy. At least 1 inspection shall be performed upon completion of an installation for the purposes of ensuring the safety and stability of the installation and the habitability of the manufactured home. Re-inspections required due to a failure of a previous inspection do not count towards the maximum number of inspections.

(b) Inspections shall be conducted by the land use department or other applicable agency or department of the county in which the manufactured home is located, unless a local government agency that currently performs such inspections on traditional housing desires to assume responsibility for inspections of manufactured housing. If the local government agency declines to do the inspection then the county shall be the authorized inspection agency. Counties or municipalities may hire inspectors on a contract basis to perform inspections on the county’s or municipality’s behalf, consistent with their current practices for other types of inspections. Such inspectors are subject to the requirements of subsection (d) of this section below. In no event shall any installation be subject to multiple inspections by other jurisdictions.

(c) The county or other local applicable agency which performs the inspection may charge a reasonable fee, as it relates to the actual cost to the inspecting agency, for the inspection procedure.

(d) No person shall undertake an installation inspection pursuant to this chapter without first having been individually certified by the Board pursuant to this chapter.
24 Del. C. § 3505 — Delaware Code / Title 24 / Chapter 35 / Subchapter I / Section 3505
§ Â
        3505. Records.
Status: in_force

The Division of Professional Regulation shall keep a register of all applications for license as a psychologist or for registration of psychological assistants, 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. § 5202 — Delaware Code / Title 24 / Chapter 52 / Subchapter I / Section 5202
§ Â
        5202. Definitions.
Status: in_force

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

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

(2) “Direct supervision” shall mean oversight on the premises of a nursing home.

(3) “Division” shall mean the State Division of Professional Regulation.

(4) “Excessive use or abuse of drugs” shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed health care provider, or the abuse of alcoholic beverage such that it impairs that nursing home administrator’s ability to perform the work of a nursing home administrator.

(5) “Nursing home” shall mean any licensed residential health facility for aged, infirm, chronically ill or convalescent persons, excluding neighborhood homes and group homes licensed by the Division of Health Care Quality, that provides shelter and food to more than 4 persons who:

a. Because of their physical and/or mental condition require a level of care and services suitable to their needs to contribute to their health, comfort, and welfare; and

b. Who are not related within the second degree of consanguinity to the controlling person or persons of the facility.

(6) “Nursing home administrator” shall mean the individual licensed under this chapter to practice nursing home administration.

(7) “Nursing home administrator-in-training” or “AIT” shall mean an individual who is registered with the Board to obtain the experience for licensure under the direct supervision of a preceptor.

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

(9) “Practice of nursing home administration” shall mean the performance of any act or the making of any decision involved in the planning, organizing, directing, or controlling of the operations of a nursing home, whether or not such acts are performed, or decisions made, by 1 or more persons.

(10) “Preceptor” shall mean a state-licensed nursing home administrator who is qualified under this chapter and approved by the Board to exercise direct supervision of a registered nursing home administrator-in-training.

(11) “State” shall mean the State of Delaware.

(12) “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 nursing home administration.
24 Del. C. § 3717 — Delaware Code / Title 24 / Chapter 37 / Subchapter II / Section 3717
§ Â
        3717. Hearing procedures [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: repealed

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29 alleging violation of § 3715 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) [Repealed.]

(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court within 30 days of the day that notice of the decision was mailed. 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. § 1605 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1605
§ Â
        1605. Records.
Status: in_force

(a) The Commission shall maintain separate indexes relating to the licensing of adult entertainment establishments and adult-oriented retail businesses.

(b) The Commission shall maintain an alphabetized or a computerized index containing the full name or names, including nicknames or aliases, residential address or addresses, business address or addresses, social security number, driver’s license number, a picture and the identity of any banks within or without the State wherein accounts are maintained, of every applicant and licensee under this chapter. The same information shall be provided for any other person whose signature appears upon any document comprising an application for license submitted under this chapter. Said index shall be kept current and shall indicate the eligibility of such persons as licensees under this chapter, and whether the signatures of such persons on an application for license preclude the issuance of a license based thereon.

(c) In carrying out its responsibilities, the Commission may submit names of applicants and those appearing in applications to the Department of Justice, State Police or Department of Homeland Security for the purpose of a record check.
24 Del. C. § 1778 — Delaware Code / Title 24 / Chapter 17 / Subchapter VII / Section 1778
§ Â
        1778. Fees; license renewal.
Status: in_force

The Division of Professional Regulation shall establish reasonable fees for licensing respiratory care practitioners and for biennial license renewal. A licensee, when renewing a license, shall provide documentation of continuing education related to respiratory care pursuant to the continuing education requirements for respiratory care practitioners established by the Advisory Council.
24 Del. C. § 2937 — Delaware Code / Title 24 / Chapter 29 / Subchapter II / Section 2937
§ Â
        2937. Vicarious liability; protections when working with a statutory agent.
Status: in_force

(a) A customer or client shall not be liable for a wrongful act, error, omission, or misrepresentation of the licensee except to the extent the customer or client had actual knowledge of the wrongful act, error, omission, or misrepresentation.

(b) A licensee shall not be liable for a wrongful act, error, omission, or misrepresentation of the customer or client except to the extent the licensee had actual knowledge of the wrongful act, error, omission, or misrepresentation.

(c) Nothing in this section shall be construed to diminish or limit any of the other duties or responsibilities of the licensee under this chapter, or the rules promulgated hereunder.

(d) This chapter does not otherwise limit the liability of a broker, for an act, error, or omission of a licensee in the brokerage organization. Notwithstanding any other provision of this chapter, the employer of the licensee is vicariously liable as the employer would be under the doctrine of respondeat superior whether the licensee is employed by the broker or brokerage organization as an employee or as an independent contractor.

(e) This section does not apply if the licensee or brokerage organization is hired as a common law agent.
24 Del. C. § 1422 — Delaware Code / Title 24 / Chapter 14 / Subchapter III / Section 1422
§ Â
        1422. Apprentice electricians [Effective until July 1, 2026].
Status: in_force

(a) An apprentice electrician must work under the direct onsite supervision of a licensed master electrician, master electrician special, limited electrician, limited electrician special, residential electrician or journeyperson electrician.

(b) A licensed electrician supervising an apprentice electrician pursuant to subsection (a) of this section shall be responsible for the activities of the apprentice electrician performing work in the State.(a) An apprentice electrician or school apprentice electrician must work under the direct onsite supervision of a licensed master electrician, master electrician special, limited electrician, limited electrician special, residential electrician or journeyperson electrician.

(b) A licensed electrician supervising an apprentice electrician or school apprentice electrician pursuant to subsection (a) of this section shall be responsible for the activities of the apprentice electrician or school apprentice electrician performing work in this State.
24 Del. C. § 718 — Delaware Code / Title 24 / Chapter 7 / Section 718
§ Â
        718. Severability.
Status: in_force

Should any section or provision of this chapter be decided by the court to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any other part thereof.
24 Del. C. § 4009 — Delaware Code / Title 24 / Chapter 40 / Subchapter II / Section 4009
§ Â
        4009. Appraiser trainee; requirements of supervision.
Status: repealed

(a) Persons, who are presented to the Council by a supervising appraiser for registration as an appraiser trainee, shall provide a statement to the Council that the trainee:

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

(2) Shall practice only under the direct supervision of a state-certified appraiser; and

(3) Shall identify themselves to the public as a real estate appraisal trainee; and

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

a.-d. [Repealed.]

(b) An applicant, who has been registered by the Council as an appraiser trainee, may assist in the completion of an appraisal report, including an opinion of value, and may co-sign an appraisal, provided that the appraiser trainee is actively and personally supervised by a state-certified real estate appraiser.

(c) In addition, the supervising state-certified real estate appraiser shall review and sign all appraisals prepared under the supervising state-certified real estate appraiser’s supervision by the appraiser trainee and shall accept total responsibility for the appraisal report.

(d) The Council in its regulations shall determine the number of appraiser trainees that a supervising appraiser may supervise and the requirements of their supervision.
24 Del. C. § 1925 — Delaware Code / Title 24 / Chapter 19 / Section 1925
§ Â
        1925. Penalties.
Status: in_force

Whoever shall:

(1) Sell or fraudulently obtain or furnish any nursing diploma, license or renewal, or record of the same, or aid or abet therein; or

(2) Practice professional or practical nursing and/or hold or represent himself or herself as a registered or licensed practical nurse under cover of any diploma, license or record illegally or fraudulently obtained, signed or issued; or

(3) Practice professional or practical nursing unless licensed under this chapter; or

(4) Use, in connection with that person’s name any designation tending to imply that the person is a registered or practical nurse, unless licensed under this chapter; or

(5) Practice professional or practical nursing when that person’s license is suspended or revoked; or

(6) Conduct a professional or practical nursing education program which has not been approved by the Board; or

(7) Knowingly employ a graduate of a professional or practical nursing program or a registered nurse or a practical nurse to engage in the practice of nursing without a valid temporary permit or license from the Board; or

(8) Violate standards of nursing practice as adopted by the Board;

shall be fined not more than $1,000, or be imprisoned not more than 1 year, or both.
24 Del. C. § 2307 — Delaware Code / Title 24 / Chapter 23 / Subchapter I / Section 2307
§ Â
        2307. Prohibited transactions.
Status: in_force

(a) No pawnbroker, secondhand dealer or scrap metal processor subject to this chapter shall knowingly purchase or acquire any article, ware or merchandise:

(1) From any person or persons under the age of 18 unless that person or person is:

a. Recycling aluminum cans; or

b. Accompanied by a parent, grandparent, or guardian and is not selling a catalytic converter.

(2) From any person under the influence of any intoxicating liquor or drug when such condition is visible or apparent;

(3) Which has an altered, obliterated or otherwise tampered with serial number or identifying marking;

(4) Which remains sealed, unopened in its original packaging, or in its original unused condition unless the person conveying the item presents a receipt or proof of purchase for the item; or

(5) A gift card from a retailer.

(b) No pawnbroker subject to this chapter shall take or receive as a pledge or pawn any artificial limb or wheelchair.

(c) No individual may purchase or sell a catalytic converter from an individual unless the individual, at the time of purchase or sale, provides identification that shows the individual is 1 of the following:

(1) A scrap metal processor licensed under this chapter.

(2) An automotive recycler licensed under Chapter 75 of Title 21.

(3) An agent or employee of a licensed scrap metal processor or automotive recycler.

(d) A scrap metal processor may not purchase the following items from an individual unless the individual, at the time of purchase, provides appropriate authorization from a relevant business or unit of federal, state, or local government specifically authorizing the individual to conduct the transaction.

(1) Metal bleachers;

(2) Hard-drawn copper;

(3) Metal beer kegs;

(4) Cemetery urns;

(5) Grave markers;

(6) Materials related to railroad infrastructure; and

(7) Any other used articles owned by a public utility including:

a. Guardrails;

b. Manhole covers;

c. Metal light poles;

d. Tree grates;

e. Water meters; and

f. Street signs.

(e) A catalytic converter may not be purchased with cash. Payment must be made in the form of a check payable to the licensed individual or licensed entity selling the catalytic converter.

(f) An entity or individual authorized to sell a catalytic converter under subsection (c) of this section may not provide false, fraudulent, altered, or counterfeit information or documentation to the purchaser of a catalytic converter.

(g) The purchase and sale of a catalytic converter must occur between the hours of 6:00 a.m. and 9:00 p.m.

(h) The sale of a catalytic converter must occur at a fixed business address of an individual authorized to purchase a catalytic converter under subsection (c) of this section.

(i) The Department of Safety and Homeland Security and its designees may seize an item found in violation of this section. For any item seized for violation of paragraph (a)(4) of this section, the Department shall hold the seized item for no more than 30 days, during which time the pawnbroker, secondhand dealer, or scrap metal processor may provide the Department with proof of ownership or other evidence sufficient to establish ownership under this chapter.
24 Del. C. § 2939 — Delaware Code / Title 24 / Chapter 29 / Subchapter II / Section 2939
§ Â
        2939. Limitations on local business licensing requirements, fees and taxes.
Status: in_force

(a) A county, municipality, or other political subdivision of the State shall not impose local business licensing requirements, fees, or taxes upon real estate brokers, associate brokers, brokerage organizations, or real estate salespersons for any of the following activities in that jurisdiction:

(1) Listing real estate for sale.

(2) Representing buyers in the purchase of real estate.

(3) Rental of real estate for property owners or tenants unless the property is in a city with a population over 50,000.

(b) This section does not prohibit a jurisdiction from charging a real estate broker, associate broker, brokerage organization, or real estate salesperson with a physical office in that jurisdiction for a business license, fees, or taxes on the same basis as other businesses with offices in that jurisdiction.

(c) This section does not prohibit a jurisdiction from charging a wage tax under that jurisdictions’ ordinances on the same basis as other wages earned in that jurisdiction.
24 Del. C. § 3104 — Delaware Code / Title 24 / Chapter 31 / Subchapter I / Section 3104
§ Â
        3104. Records.
Status: in_force

The Division shall keep a register of all approved applications for license as a funeral director, registration as an intern, and registration of establishment permits. The Division shall also 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 register and records shall be prima facie evidence of the proceedings of the Board.
24 Del. C. § 1826 — Delaware Code / Title 24 / Chapter 18 / Subchapter III / Section 1826
§ Â
        1826. Complaints.
Status: in_force

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

(b) If the Board determines that a person has provided or is providing HVACR or HVACR restricted services or has used or is using the title “master HVACR licensee”, “master HVACR restricted licensee”, or a similar designation contrary to the requirements of this chapter, the Board shall request that the Office of the Attorney General issue a cease and desist order and/or prosecute the person.
24 Del. C. § 1831 — Delaware Code / Title 24 / Chapter 18 / Subchapter IV / Section 1831
§ Â
        1831. Artificial entityâs loss of license holder.
Status: in_force

(a) If a partnership, firm, corporation, or other artificial entity that provides services regulated under this chapter suffers the loss of its sole license holder, the entity shall notify the Board in writing with supporting documentation within 7 days of the loss of its license holder.

(b) The Board shall schedule an emergency meeting within 10 days of notification pursuant to subsection (a) of this section. From the date of loss of the sole license holder through the date of the emergency meeting, the entity may continue to operate without a license holder, provided that the entity continues to employ the same personnel with the exception of the license holder.

(c) An owner or employee of an entity that desires to continue providing services despite the loss of the sole license holder must submit an application for licensure to the Board before the emergency meeting scheduled pursuant to subsection (b) of this section, for consideration by the Board at the meeting. At the meeting the Board may issue a temporary license to the applicant, valid for 100 days, dated from the date of notification to the Board by the entity, pursuant to subsection (a) of this section.

(d) If the Board issues a temporary license to the applicant at the emergency meeting pursuant to subsection (c) of this section, the applicant must take the next available examination.

(e) Notwithstanding the provisions of subsections (c) and (f) of this section, a temporary license expires immediately upon an applicant’s failure to take the next available examination; or, if the applicant takes the examination, upon the Board’s receipt of notification that the applicant failed the examination taken pursuant to subsection (d) of this section.

(f) If a 100-day temporary license issued pursuant to this section expires and the entity has no license holder in its employ, the entity must cease and desist immediately from providing plumbing services for which a license is required under this chapter.
24 Del. C. § 5113 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5113
§ Â
        5113. Grounds for discipline; procedure.
Status: in_force

(a) Practitioners regulated under this chapter shall be subject to those disciplinary actions set forth in § 5114 of this title if, after a hearing, the Board finds that the practitioner has:

(1) Employed or knowingly cooperated in fraud or material deception in order to acquire or renew a license to practice cosmetology, barbering, electrology, nail technology or aesthetics; or impersonated another person holding a license, or has allowed another person to use that licensee’s license;

(2) Been incompetent or negligent in the practice of cosmetology, barbering, electrology, nail technology or aesthetics;

(3) 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 physician, or the abuse of alcoholic beverage such that it impairs the practitioner’s ability to perform the work of a cosmetologist, barber, electrologist, nail technician or aesthetician;

(4) Been convicted of a crime that is substantially related to the practice of cosmetology, barbering, electrology, nail technology or aesthetics;

(5) As a cosmetologist, barber, electrologist, nail technician or aesthetician, or otherwise in the practice of the profession, knowingly engaged in an act of consumer fraud or deception, engaged in the restraint of competition, or participated in price-fixing activities;

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

(7) Knowingly employed or cooperated in the hiring or contracting for the services of, or, as the owner or operator of a beauty salon or aesthetics shop, leased space or otherwise entered into a contractual relationship with, any unlicensed person or persons required by this chapter to hold an unrestricted license to practice any of the professions regulated by this chapter;

(8) Violated a standard or regulation adopted by the Department of Health and Social Services for public health assurance in the practice of cosmetology and barbering or in the operation of beauty salons, aesthetics shops and schools of cosmetology, electrology, nail technology, barbering and aesthetics;

(9) Had that practitioner’s own license as a cosmetologist, barber, electrologist, nail technician or aesthetician 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 provided that 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. Each person licensed as a cosmetologist, barber, electrologist, nail technician or aesthetician in this State shall be deemed to have given consent to release of this information by the board of cosmetology and barbering, or other comparable agencies, in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;

(10) Failed to notify the Board that the person’s license as a cosmetologist, barber, electrologist, nail technician or aesthetician in another state has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof.

(b) Subject to subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no practitioner’s rights to practice shall be limited by the Board, until such practitioner has been given notice, and an opportunity to be heard in accordance with the Administrative Procedures Act (Chapter 101 of Title 29).
24 Del. C. § 1728 — Delaware Code / Title 24 / Chapter 17 / Subchapter III / Section 1728
§ Â
        1728. Medical personnel for visiting sports teams.
Status: in_force

(a) Notwithstanding any other provision of this chapter or other law, a physician who is certified, licensed, or otherwise authorized to practice medicine in another state or country shall be exempt from the certification and registration requirements of this chapter while practicing medicine in this State if all of the following conditions are met:

(1) The physician has a written or oral agreement with a sports team to provide general or emergency care to the team members, coaching staff, and families traveling with the team for a specific sporting event to take place in this State; and

(2) The physician may not practice medicine with respect to any person residing or present in this State other that a person described in paragraph (a)(1) of this section, unless providing medical care pursuant to § 6801 of Title 16;

(b) The exemption shall remain in force while the physician is traveling with the team, but shall be no longer than 10 days per individual sporting event. The Executive Director of the Board may grant a physician additional time for exemption, up to 20 additional days per sporting event, upon prior request by the physician. The total number of days a physician may be exempt, including additional time granted upon request, may not exceed 30 days per sporting event.

(c) A physician exempt from the certification and licensure requirements under this section is not authorized to practice medicine at any health care facility, as defined in Chapter 93 of Title 16, in the State.
24 Del. C. § 2303 — Delaware Code / Title 24 / Chapter 23 / Subchapter I / Section 2303
§ Â
        2303. Pawn ticket and memorandum.
Status: in_force

(a) Any pawnbroker shall furnish to each applicant or customer a ticket on which is printed a number corresponding with the number used to identify the article placed in pawn, and also the amount given in cash, together with all charges and the total amount to be paid when the article is to be redeemed.

(b) Any pawnbroker shall, at the time the loan is made on goods or articles, deliver to the person pawning or pledging such goods or articles, a memorandum or note, signed by such person and containing an account and description of the goods or articles pawned or pledged. No charge shall be made or received by any pawnbroker for any such ticket entry, memorandum or note.
24 Del. C. § 1912A — Delaware Code / Title 24 / Chapter 19A / Section 1912A
§ Â
        1912A. Construction and severability.
Status: in_force

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held to be contrary to the constitution of any party state, this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
24 Del. C. § 1805 — Delaware Code / Title 24 / Chapter 18 / Subchapter I / Section 1805
§ Â
        1805. Records.
Status: in_force

The Division shall keep a register of all approved applications for licensure as a master plumber, master HVACR licensee, and master HVACR licensee restricted, and shall keep complete records relating to meetings of the Board, examinations, rosters of licensees, changes to the Board’s rules and regulations, complaints, hearings, and other matters as the Board determines. Records kept in accord with this section are prima facie evidence of the proceedings of the Board.
24 Del. C. § 2832 — Delaware Code / Title 24 / Chapter 28 / Section 2832
§ Â
        2832. Procedures for successor professional engineer using or relying upon the work of previous engineer.
Status: in_force

(a) In situations where the professional engineer in responsible charge of an engineering project is unable to complete the project for any reason, or when the project is a site-specific adaption of a previous design, a successor professional engineer may assume responsible charge of that portion of the project if the successor professional engineer meets the following requirements:

(1) Performs or has responsible charge over all professional engineering services related to that portion of the project.

(2) Has direct control and personal supervision over the engineering work and the signed, dated, and sealed originals of all documents over which the successor professional engineer has taken responsible charge.

(3) Dates, signs, and seals the final drawings, specifications, reports and documents involving the practice of engineering as defined in this chapter in compliance with § 2830 of this chapter.

(4) Performs sufficient review and calculation to ensure that all standards of practice required of professional engineers are met.

(b) A successor professional engineer must notify the previous professional engineer in responsible charge of their intention to use the previous engineer’s work. Notification shall be by certified mail, or other verifiable communication, to the last known physical or electronic address of the previous professional engineer. The previous engineer’s approval is not required for the successor professional engineer to use the previous engineer’s sealed work.

(c) A successor professional engineer assumes full professional responsibility by signing and affixing the successor professional engineer’s seal to the assumed documents. Such documents will be treated as though they are the successor professional engineer’s original project.
24 Del. C. § 202 — Delaware Code / Title 24 / Chapter 2 / Section 202
§ Â
        202. License required.
Status: in_force

No person shall hold oneself out to the public as being a licensed landscape architect, or use in connection with one’s name or otherwise assume, use or advertise any title or description intending to convey the impression that one is a licensed landscape architect, unless such person has been licensed under this chapter.
24 Del. C. § 2014 — Delaware Code / Title 24 / Chapter 20 / Subchapter II / Section 2014
§ Â
        2014. Issuance and renewal of licenses.
Status: in_force

(a) The Board shall issue a license to each applicant who meets the requirements of and pays the fee under this chapter for licensure as an occupational therapist or occupational therapy assistant.

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

(c) The Board, in its rules and regulations, shall determine the period of time within which a licensee may renew a license if the licensee has failed to renew on or before the renewal date.

(d) A licensee, upon written request, may place the licensee’s license on inactive status. The fee to renew an inactive license must be prorated in accordance with the amount of time the license was inactive. The licensee may reenter practice upon written notification to the Board of the intent to do so and completion of continuing education as required by the Board’s rules and regulations.
24 Del. C. § 3122 — Delaware Code / Title 24 / Chapter 31 / Subchapter III / Section 3122
§ Â
        3122. Processing human remains where investigation of death is required.
Status: in_force

No person licensed under this chapter shall remove or embalm human remains when the person has information indicating that an investigation of death is required pursuant to § 4706 of Title 29.
24 Del. C. § 3704 — Delaware Code / Title 24 / Chapter 37 / Subchapter I / Section 3704
§ Â
        3704. Organization; meetings; officers; quorum [For application of this section, see 84 Del. Laws, c. 418, Â 2].
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 and Secretary. Each officer serves for 1 year, and may not succeed oneself for more than 2 consecutive terms.

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

(d) The Division shall take and maintain minutes of all meetings.