24 Del. C. § 1408 — Delaware Code / Title 24 / Chapter 14 / Subchapter II / Section 1408
§ Â
        1408. Qualifications of applicant [For application of this section, see 81 Del. Laws, c. 290, Â 5] [Effective July 1, 2026].
Status: repealed

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

(1) For licensure as a master electrician shall have knowledge of electricity in the residential, commercial and industrial areas, and in addition shall have:

a. Six years’ full-time experience under the supervision of a licensed master electrician; or

b. Eight thousand hours of full-time experience under the supervision of a licensed master electrician, plus 576 hours of related instruction, or other approved training verified by a certificate of completion of apprenticeship from any bona fide, registered apprenticeship program of any state; or

c. Four years’ full-time experience under the supervision of a licensed master electrician and 2 years’ of technical training.

(2) For licensure as limited electrician shall have knowledge of electricity in the residential area, and in addition shall have:

a. Three years’ full-time experience under the supervision of a licensed electrician, master or limited; or

b. Four thousand hours of full-time experience under the supervision of a licensed electrician, master or limited, plus 288 hours of related instruction, or other approved training verified by a certificate of completion of apprenticeship from any bona fide, registered apprenticeship program of any state.

(3) For licensure as master electrician special shall have knowledge of electricity as it relates to the particular type or types of specialty, and in addition shall have:

a. Six years’ full-time experience under the supervision of a licensed master electrician, or master electrician special in the applicable specialty; or

b. Eight thousand hours of full-time experience under the supervision of a licensed master electrician or master electrician special, plus 576 hours of related instruction, or other approved training in the applicable specialty, verified by a certificate of completion of apprenticeship from any bonafide, registered apprenticeship program of any state.

(4) For licensure as limited electrician special shall have knowledge of electricity as it relates to the particular type or types of specialty, and in addition shall have:

a. Three years’ full-time experience under the supervision of a licensed master electrician, master electrician special or limited electrician special in the applicable specialty; or

b. Four thousand hours of full-time experience under the supervision of a licensed master electrician, master electrician special or limited electrician special, in the applicable specialty, plus successful completion of 288 hours of related instruction, or other approved training in a specialty verified by a certificate of completion of apprenticeship from any bonafide, registered apprenticeship program of any state.

(5) For licensure as a journeyperson electrician shall:

a. Be at least 20 years of age.

b. Shall either:

1. Successfully complete an apprenticeship program approved by the Board that includes passing a final exam for successful completion of such program; or

2. Have over 8,000 hours of full-time experience performing electrical work under the supervision of a licensed master electrician, master electrician special, limited electrician or limited electrician special.

c. The exam required for a journeyperson license in paragraph (a)(8) of this section shall not be required for any person that has successfully met the requirement of paragraph (a)(5)b.1. of this section.

(6) For licensure as a residential electrician shall:

a. Pass a residential electrician exam as determined by the Board, and which is approved by the Division; and

b. Have over 4,000 hours of full-time experience performing electrical work or have successfully completed a residential apprenticeship program approved by the Board. Work experience is applicable if acquired under the supervision of a licensed master electrician or limited electrician or while the applicant was individually licensed.

(7) a. For licensure as an apprentice electrician shall:

1. Be at least 18 years of age.

2. Be enrolled in an apprentice program approved by the Board.

3., 4. [Repealed.]

b. For licensure as a school apprentice electrician shall be enrolled in a board-approved vocational program at a vocational high school in this State.

(8) After fulfilling the applicable experience and/or training requirements of this section, a person applying for licensure as a master electrician, master electrician special, journeyperson electrician, limited electrician, and limited electrician special shall have achieved the passing score on the written, standardized examination for licensure, with a passing score as determined by the Board in rules and regulations, and which is approved by the Division.

(9) Shall not have been the recipient of any administrative penalties regarding that person’s practice as an electrician, including, but not limited, to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has not entered into any “consent agreements” which contain conditions placed by a Board on that person’s professional conduct and practice, including any voluntary surrender of a license. The Board may determine after a hearing whether such administrative penalty is grounds to deny licensure.

(10) Shall not have any impairment related to drugs or alcohol that would limit the applicant’s ability to act as an electrician in a manner consistent with the safety of the public.

(11) Does not have a criminal conviction record for an offense substantially related to providing electrical services. Applicants who have criminal conviction records shall request appropriate authorities to provide information about the record directly to the Board. If however, after considering the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, or during the time between meetings, the Board President or the President’s designee, shall waive this paragraph (a)(11). No waiver may be granted for a conviction of a felony sexual offense.

a.-d. [Repealed.]

(12) Shall have no disciplinary proceedings or unresolved complaints pending against the person in any jurisdiction where the applicant has previously been or currently is licensed or registered.

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

(b) All evidence of experience shall be submitted on written affidavit forms provided by the Board.

(c) All evidence of education shall be submitted by written certification from the educational institution attended.0 hours of full-time experience performing electrical work under the supervision of a licensed master electrician, master electrician special, limited electrician or limited electrician special.

c. The exam required for a journeyperson license in paragraph (a)(8) of this section shall not be required for any person that has successfully met the requirement of paragraph (a)(5)b.1. of this section.

(6) For licensure as a residential electrician shall:

a. Pass a residential electrician exam as determined by the Board, and which is approved by the Division; and

b. Have over 4,000 hours of full-time experience performing electrical work or have successfully completed a residential apprenticeship program approved by the Board. Work experience is applicable if acquired under the supervision of a licensed master electrician or limited electrician or while the applicant was individually licensed.

(7) For licensure as an apprentice electrician shall:

a. Be at least 18 years of age unless enrolled in a Board approved vocational program at a vocational school.

b. Be enrolled in or have successfully completed an apprentice program approved by the Board.

c. Be enrolled in or have successfully completed a residential apprentice program approved by the Board.

d. Residential apprenticeship licensees shall be limited to the scope of work as defined in § 1422A of this title.

(8) After fulfilling the applicable experience and/or training requirements of this section, a person applying for licensure as a master electrician, master electrician special, journeyperson electrician, limited electrician, and limited electrician special shall have achieved the passing score on the written, standardized examination for licensure, with a passing score as determined by the Board in rules and regulations, and which is approved by the Division.

(9) Shall not have been the recipient of any administrative penalties regarding that person’s practice as an electrician, including, but not limited, to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has not entered into any “consent agreements” which contain conditions placed by a Board on that person’s professional conduct and practice, including any voluntary surrender of a license. The Board may determine after a hearing whether such administrative penalty is grounds to deny licensure.

(10) Shall not have any impairment related to drugs or alcohol that would limit the applicant’s ability to act as an electrician in a manner consistent with the safety of the public.

(11) Does not have a criminal conviction record for an offense substantially related to providing electrical services. Applicants who have criminal conviction records shall request appropriate authorities to provide information about the record directly to the Board. If however, after considering the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, or during the time between meetings, the Board President or the President’s designee, shall waive this paragraph (a)(11). No waiver may be granted for a conviction of a felony sexual offense.

a.-d. [Repealed.]

(12) Shall have no disciplinary proceedings or unresolved complaints pending against the person in any jurisdiction where the applicant has previously been or currently is licensed or registered.

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

(b) All evidence of experience shall be submitted on written affidavit forms provided by the Board.

(c) All evidence of education shall be submitted by written certification from the educational institution attended.

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

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

(f) An applicant may elect to postpone submitting the applicant’s licensure fee and proof of general liability insurance after successfully completing the examination for licensure; but such postponement shall not exceed 12 months. If the applicant fails to activate that applicant’s license within 12 months of passing the examination, the Board shall require that the applicant retake the examination.
24 Del. C. § 2720 — Delaware Code / Title 24 / Chapter 27 / Subchapter III / Section 2720
§ Â
        2720. Public works.
Status: in_force

Neither this State, nor any of its political subdivisions, such as counties, incorporated cities and towns, or other political entities or legally constituted boards, commissions, or authorities, or officials, or employees thereof, shall permit the commencement or continuance of any public work involving land surveying unless the field surveying shall be directly supervised by, and all drawings and documents as a result thereof, shall be prepared or certified by, a professional land surveyor licensed under this chapter, or a person authorized under Chapter 28 of this title to practice professional engineering in this State.
24 Del. C. § 2713 — Delaware Code / Title 24 / Chapter 27 / Subchapter II / Section 2713
§ Â
        2713. 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 in the practice of land surveying or is using the title land surveyor and is not licensed under the laws of this State, the Board shall apply to the Office of the Attorney General to issue a cease and desist order.
24 Del. C. § 2308 — Delaware Code / Title 24 / Chapter 23 / Subchapter I / Section 2308
§ Â
        2308. Penalties.
Status: in_force

Whoever violates this chapter, except where another penalty is provided, shall be guilty of a misdemeanor and, if convicted, may be fined not more than $10,000.

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

(2) In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Superintendent or the Superintendent’s designee in any court of competent jurisdiction, including any Justice of the Peace Court, for collection of the administrative penalty, including interest, attorneys’ fees and costs and the validity and appropriateness of such administrative penalty shall not be subject to review.
24 Del. C. § 1901 — Delaware Code / Title 24 / Chapter 19 / Section 1901
§ Â
        1901. Declaration of legislative intent.
Status: in_force

The General Assembly hereby declares the practice of nursing by competent persons is necessary for the protection of the public health, safety and welfare and further finds that the levels of practice within the profession of nursing should be regulated and controlled in the public interest. In order to safeguard life and health, the general administration and supervision of the education, examination, licensing and regulation of professional and practical nursing is declared essential, and such general administration and supervision is vested in the Board of Nursing.
24 Del. C. § 1904 — Delaware Code / Title 24 / Chapter 19 / Section 1904
§ Â
        1904. Delaware Board of Nursing â Election of officers; quorum; rules and regulations; special meetings; compensation; seal.
Status: in_force

(a) The Board shall elect, annually, from its members a President and Vice-President. In the event of a vacancy in 1 of the offices, a replacement shall be elected at the next Board meeting or at a meeting called for that purpose.

(b) Eight members of the Board, including 1 officer, shall constitute a quorum.

(c) The Board may adopt and promulgate such rules and regulations as may be necessary to govern its proceedings, to define the duties of its officers and to effectuate the intent and purpose of this chapter.

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

(e) The Board shall adopt a seal and may use that seal on official documents.
24 Del. C. § 1721 — Delaware Code / Title 24 / Chapter 17 / Subchapter III / Section 1721
§ Â
        1721. Professional examination.
Status: in_force

(a) The Board shall require written and/or clinical professional examination of each applicant for a certificate to practice medicine in accordance with the Board’s rules and regulations.

(b) A professional examination issued pursuant to this section must be in the English language, must be comprehensive in character, and must be designed to determine an applicant’s fitness to practice medicine. It must cover those general subjects and topics, a knowledge of which is commonly and generally required of candidates for the degree of Doctor of Medicine or Doctor of Osteopathy conferred by approved medical colleges or schools in the United States.

(c) The Board shall include in its rules and regulations the number of times and the conditions under which an applicant who has failed 1 or more professional examinations conducted pursuant to this section may again apply for a certificate to practice medicine under this chapter.
24 Del. C. § 1713A — Delaware Code / Title 24 / Chapter 17A / Section 1713A
§ Â
        1713A. Finance powers.
Status: in_force

(a) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources.

(b) The aggregate annual assessment amount shall be allocated upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.

(c) The Interstate Commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.

(d) The Interstate Commission shall be subject to a yearly financial audit conducted by a certified or licensed accountant and the report of the audit shall be included in the annual report of the Interstate Commission.
24 Del. C. § 4028 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4028
§ Â
        4028. Agreements with independent appraisers; limitations.
Status: in_force

An appraisal management company registered in this State pursuant to this chapter may not enter into contracts or agreements with an independent appraiser for the performance of real property appraisal services in this State unless that person is licensed or certified in good standing with the Council.
24 Del. C. § 1138 — Delaware Code / Title 24 / Chapter 11 / Subchapter III / Section 1138
§ Â
        1138. Accreditation of facilities where office-based surgeries are performed.
Status: in_force

No person licensed under this chapter shall perform any office-based surgery, as defined in § 122(3)y. of Title 16, in a facility unless such facility is accredited or licensed in accordance with § 122(3)z. of Title 16. For purposes of this section, “facility” and “office-based surgery” mean as defined in § 122(3)y. of Title 16.
24 Del. C. § 1701B — Delaware Code / Title 24 / Chapter 17B / Section 1701B
§ Â
        1701B. PA Licensure Compact.
Status: in_force

Delaware hereby enters into the PA Licensure Compact (Compact) as set forth in this chapter. The text of the Compact is set forth in this chapter.
24 Del. C. § 1208 — Delaware Code / Title 24 / Chapter 12 / Subchapter I / Section 1208
§ Â
        1208. Posting of license [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

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

(b) No person holding any license approved by the Professional Licensing Section under this chapter may:

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

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

(3) Knowingly alter, deface or destroy any such license or permit the alteration, defacement or destruction thereof.
24 Del. C. § 119 — Delaware Code / Title 24 / Chapter 1 / Section 119
§ Â
        119. Board hearings; procedures.
Status: repealed

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 117 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 this chapter, § 8735 of Title 29 and the Administrative Procedures Act, Chapter 101 of Title 29.

(b) Upon reaching its conclusion of law and determining an appropriate sanction, if any, the Board shall issue a written decision and order in accordance with § 10128 of Title 29. The order must restate the factual findings, but need not summarize the evidence presented. The decision and order may be issued over the signature of only the President or other officer of the Board. The decision and order must be sent by certified mail, return receipt requested, to the subject of the complaint.

(c) [Repealed.]
24 Del. C. § 1230 — Delaware Code / Title 24 / Chapter 12 / Subchapter II / Section 1230
§ Â
        1230. Confidentiality [For application of this section, see 81 Del. Laws, c. 73, Â 7].
Status: in_force

In the interest of public safety, all information contained in and gathered through the security alarm system registration applications shall be confidential information.
24 Del. C. § 1799U — Delaware Code / Title 24 / Chapter 17 / Subchapter XII / Section 1799U
§ Â
        1799U. Definitions.
Status: in_force

As used in this subchapter:

(1) “AASM” shall mean the American Academy of Sleep Medicine or an organization that is recognized as equivalent.

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

(3) “BRPT” shall mean the Board of Registered Polysomnographic Technologists or its successor organization.

(4) “Council” means the Polysomnography Advisory Council.

(5) “Direct supervision” means that the licensed polysomnographer providing supervision must be present in the area where the polysomnographic procedure is being performed and immediately available to furnish assistance and direction throughout the performance of the procedure.

(6) “General supervision” means that the licensed polysomnographer works under the supervision of a person licensed to practice medicine, whether by direct observation and monitoring, by protocols approved by a person licensed to practice medicine, or by orders written or verbally given by a person licensed to practice medicine. A licensed polysomnographer may evaluate patients and make decisions within parameters defined by a person certified to practice medicine and by the Board. The licensed polysomnographer works under a physician’s overall direction and control, but the physician’s presence is not required during the performance of the procedure.

(7) “License” shall mean any document which indicates that a person is currently licensed by the Board to practice polysomnography.

(8) “LPSGT” shall be the abbreviation for the title “licensed polysomnographer”.

(9) “NBRC SDS exam” means the National Board for Respiratory Care Sleep Disorders and Therapeutic Intervention Respiratory Care Specialist exam.

(10) “Polysomnographer” means an allied health professional, practicing polysomnography under the direction of a person licensed to practice medicine, who is responsible for direct and indirect services in the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with the human sleep wake cycle.

(11) “Polysomnographic student” means a person who is enrolled in an accredited educational program described in § 1799V of this title and who may provide sleep-related services under the direct supervision of a licensed polysomnographer as a part of the person’s educational program and is therefore, exempt from the licensure requirement.

(12) “Polysomnographic trainee” means a person who has completed an accredited educational program described in § 1799V of this title and who may provide sleep-related services under the direct supervision of a licensed polysomnographer as part of the person’s clinical program and is therefore exempt from the licensure requirement.

(13) “Practice of polysomnography” means the performance of any of the following tasks as directly related to the diagnosis and treatment of sleep-related disorders, under the general supervision of a licensed physician:

a. Monitoring and recording physiologic data during the evaluation of sleep-related disorders, including sleep-related respiratory disturbances, by applying the following techniques, equipment, and procedures:

1. Titration using approved airway pressure devices and/or other technologies on spontaneously breathing patients using a mask or oral appliance, provided the mask or oral appliance does not extend into the trachea or attach to an artificial airway;

2. Supplemental low flow oxygen therapy (less than or equal to 6 liters per minute) during a polysomnogram utilizing a nasal cannula or approved airway pressure devices and technologies on spontaneously breathing patients, provided the devices or technologies do not extend into the trachea or attach to an artificial airway;

3. Capnography during a polysomnogram;

4. Cardiopulmonary resuscitation;

5. Pulse oximetry;

6. Gastroesophageal pH monitoring;

7. Esophageal pressure monitoring;

8. Sleep staging (including surface electroencephalography, surface electrooculography, and surface submental electromyography);

9. Surface electromyography;

10. Electrocardiography;

11. Respiratory effort monitoring, including thoracic and abdominal movement;

12. Plethysmography blood flow monitoring;

13. Snore monitoring;

14. Audio and video monitoring;

15. Body movement and body position monitoring;

16. Nocturnal penile tumescence monitoring;

17. Nasal and oral airflow monitoring;

18. Body temperature monitoring;

19. Monitoring the effects that a mask or oral appliance used to treat sleep disorders has on sleep patterns; provided, however, the mask or oral appliance shall not extend into the trachea or attach to an artificial airway;

20. Actigraphy;

b. Observing and monitoring physical signs and symptoms, general behavior, and general physical response to polysomnographic evaluation and recommending whether initiation, modification, or discontinuation of a treatment regimen is warranted;

c. Analyzing and scoring data collected during the monitoring described in paragraphs (13)a.1. and 2. of this section for the purpose of assisting a licensed physician in the diagnosis and treatment of sleep and wake disorders;

d. Implementation of a written or verbal order from a licensed physician which requires the practice of polysomnography;

e. Education of a patient regarding sleep disorders and the treatment regimen which assists that patient in improving the patient’s sleep.
24 Del. C. § 3105 — Delaware Code / Title 24 / Chapter 31 / Subchapter I / Section 3105
§ Â
        3105. Powers and duties [For application of this section, see 84 Del. Laws, c. 261, Â 16].
Status: in_force

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

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

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

(3) Designate the written, standardized examination on funeral services, prepared by an independent testing service, recognized by the Conference of Funeral Service Examining Boards, or its successor, and approved by the Division. The examination shall be taken by all persons applying for licensure, except those applicants who qualify for licensure by reciprocity.

(4) Designate a written, validated examination, prepared by an independent testing service and approved by the Division, based solely on the laws of Delaware governing the professional of funeral services. The Division shall administer the state examination.

(5) Provide for the administration of examinations, including notice and information to applicants.

(6) Establish minimum education, training and experience requirements for licensure as funeral directors.

(7) Establish minimum requirements, and issue permits for funeral establishments that meet the requirements of § 3117 of this title.

(8) Evaluate the credentials of all persons or establishments applying for a license to practice funeral services in Delaware, in order to determine whether such persons or establishments meet the qualifications for licensing set forth in this chapter.

(9) Grant licenses to, and renew licenses of, all persons who meet the qualifications for licensure, and register persons who are fulfilling the licensure experience requirement under the personal supervision of a state-licensed funeral director.

(10) Establish by rule and regulation continuing education standards required for license renewal for those practitioners under 65 years of age, provided that, in establishing rules for continuing funeral services education, the Board shall consider potential economic hardship on single practitioners and other licensees, and shall not impose rules that are likely to place undue economic hardship on licensees. License renewal shall not consist of, nor be dependent upon, retesting for those practitioners under 65 years of age, provided that, in establishing rules for continuing funeral services education, the Board shall consider potential economic hardship on single practitioners and other licensees, and shall not impose rules that are likely to place undue economic hardship on licensees.

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

(12) Refer all complaints from licensees and the public concerning practitioners, or concerning practices of the Board or of the profession, to the Division for investigation pursuant to § 8735 of Title 29, and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint.

(13) Conduct hearings and issue orders in accordance with procedures established pursuant to this chapter, Chapter 101 of Title 29, and § 8735 of Title 29. Where such provisions conflict with this chapter, this chapter shall govern. The Board shall determine whether a practitioner shall be subject to a disciplinary hearing and, if so, shall conduct such hearing in accordance with this chapter and the Administrative Procedures Act.

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

(15) Adopt and implement an inspection program for funeral establishments and crematoriums. Through the inspection program, the Board shall have the authority to:

a. Review all licenses for accuracy and refer any inaccuracies to the appropriate agencies for investigation and resolution.

b. Send written notification to any individual or entity who is in violation of any of the licensing regulations of the State, as an initial warning. If the violation is not corrected, it may be forwarded to the appropriate agencies for investigation and resolution.

(16) Regulate cremation and crematoriums.

(17) Regulate natural organic reduction and natural organic reduction facilities.

(b) The Board of Funeral Services shall promulgate regulations specifically identifying those crimes which are substantially related to the provision of funeral services.
24 Del. C. § 1407 — Delaware Code / Title 24 / Chapter 14 / Subchapter II / Section 1407
§ Â
        1407. License required.
Status: in_force

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

(b) Whenever a license to practice as an electrician in this State has expired or been suspended or revoked, it shall be unlawful for the person to act as an electrician in this State.
24 Del. C. § 3118 — Delaware Code / Title 24 / Chapter 31 / Subchapter III / Section 3118
§ Â
        3118. Exemptions.
Status: in_force

(a) Nothing in this chapter shall be construed to prevent persons licensed to practice in any other state, district, territory, or foreign country who, as practicing funeral directors, enter this State to transport or bury human remains, or to consult with a funeral director of this State. Such consultation shall be limited to examination, recommendation, or testimony in litigation.

(b) Nothing in this chapter shall be construed to prevent the practice of funeral services by any student of an accredited school or college of funeral services, or any intern duly registered with the Board, from receiving practical training under the personal supervision of a licensed funeral director in this State.

(c) Nothing in this chapter shall be construed to prevent the practice of funeral services by any funeral director commissioned by any of the armed forces of the United States, or by the Public Health Service, provided that practice as a funeral director is limited to the confines of a military reservation or Public Health Service facility.

(d) Nothing in this chapter shall be construed to prevent the practice of funeral services by individuals performing the administrative and management aspects of funeral services under the direct supervision of a license funeral director, provided that any sales of goods and services must be reviewed and authorized by, and under the signature of, the licensed funeral director in this State.
24 Del. C. § 1910 — Delaware Code / Title 24 / Chapter 19 / Section 1910
§ Â
        1910. Qualifications for registered nurse.
Status: repealed

An applicant for a license to practice as a registered nurse shall submit to the Board written evidence, verified by oath, that the applicant:

(1) Is a graduate of and holds a certificate from a State Board of Nursing approved nursing education program that is authorized to prepare persons for licensure as a registered nurse;

(2) Demonstrates competence in English related to nursing;

(3) Has earned a high school diploma or its equivalent;

(4) Is of such satisfactory physical and mental health as is consistent with the Americans with Disabilities Act [42 U.S.C. § 12101 et seq.];

(5) Has committed no acts which are grounds for disciplinary action as set forth in § 1922(a) of this title; however, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board by an affirmative vote of a majority of the quorum, shall waive § 1922(a)(2) of this title. A waiver may not be granted for a conviction of a felony sexual offense;

a.-e. [Repealed.]

(6) If seeking licensure by endorsement, demonstrates active employment in professional nursing in the past 5 years, or satisfactory completion of a professional nursing refresher program with an approved agency within 2 years prior to filing an application. In the event no refresher course is available the Board may consider alternate methods of evaluating current knowledge in professional nursing; and

(7) Has passed the standard national examination for registered nursing. The National Council of State Boards of Nursing shall establish the passing score.
24 Del. C. § 1790 — Delaware Code / Title 24 / Chapter 17 / Subchapter IX / Section 1790
§ Â
        1790. Termination of pregnancy before viability not prohibited; termination of pregnancy after viability limited.
Status: in_force

(a) Any of the following may terminate, assist in the termination of, or attempt the termination of a human pregnancy before viability:

(1) A physician.

(2) A physician assistant with a collaborative agreement with an appropriately-trained physician.

(3) A certified nurse midwife or certified nurse practitioner who demonstrates knowledge and competency including successful completion of a training or certification approved by the Board of Nursing.

(b) A physician may not terminate, attempt to terminate, or assist in the termination or attempt at termination of a human pregnancy otherwise than by birth after viability, unless, in the good faith medical judgment of the physician, the termination is necessary for the protection of the woman’s life or health or in the event of a fetal anomaly for which there is not a reasonable likelihood of the fetus’s sustained survival outside the uterus without extraordinary medical measures.

(c) A physician assistant or an advanced practice registered nurse may prescribe medication for the termination of pregnancy including Mifeprex, Mifepristone, and Misoprostol.
24 Del. C. § 1628 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1628
§ Â
        1628. Words of gender or number.
Status: in_force

Unless the context otherwise requires, words denoting the singular number may, and where necessary, shall be construed as denoting the plural number, and words denoting the plural number may, and where necessary, shall be construed as denoting the singular number, and words denoting the masculine gender may, and where necessary, shall be construed as denoting the feminine gender or the neuter gender.
24 Del. C. § 3719 — Delaware Code / Title 24 / Chapter 37 / Subchapter III / Section 3719
§ Â
        3719. Exemptions [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: in_force

Nothing in this chapter shall be construed to prevent:

(1) Any person from performing industrial hearing screenings under the supervision of a physician licensed in this State.

(2) Any person who is not licensed under this chapter from engaging in the practice of speech/language pathology or audiology in this State, provided that such services are practiced in cooperation with a person licensed under this chapter and shall be practiced for no more than 30 days in any calendar year. The speech/language pathologist or audiologist must meet the qualifications and requirements for application for licensure described in this chapter, or must hold a valid license from another state which has requirements equivalent to this chapter, or must hold a certificate of clinical competence in speech/language pathology or audiology issued by the American Speech, Language and Audiology Association.

(3) Any person who is licensed to practice as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser in any other state, district, or foreign country who, as a practicing speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser, from entering this State to consult with a licensed speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser of this State. Such consultation is limited to examination, recommendation, and testimony in litigation.

(4) Any student of an accredited school or college of speech/language pathology or audiology from receiving practical training under the personal supervision of a licensed speech/language pathologist or audiologist in this State.
24 Del. C. § 5612 — Delaware Code / Title 24 / Chapter 56 / Section 5612
§ Â
        5612. Disciplinary proceedings; appeal.
Status: in_force

(a) Subject to the provisions of this chapter and the rules and regulations promulgated by the Board, the Board may impose any of the following sanctions set forth in subsection (b) of this section if a finding has been made by the Board that a constable has engaged, or is engaging, in any of the following activities:

(1) Working as a constable without a commission.

(2) Failing to maintain training and in-service requirements.

(3) Has a felony or prohibited misdemeanor arrest or conviction under § 5607 of this title.

(4) Failing to notify the Board of termination of employment.

(5) Working outside the lawful duties of employment as a constable.

(6) Submitting false or fraudulent information on any application for commission.

(7) Failing to surrender a revoked identification card or badge.

(8) Failing to carry or display a board-approved constable badge during the scope of employment.

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

(b) Disciplinary sanctions. —

The Board may issue the following sanctions for violations under subsection (a) of this section:

(1) Permanent revocation of commission or identification card.

(2) Suspension of a commission.

(3) Issuance of a written reprimand.

(4) Denial of the issuance of a commission or identification card.

(5) Denial of an application to renew a commission or identification card.

(6) Issuance of an administrative penalty of no more than $100. The failure of a constable to pay the administrative penalty within 30 days after the penalty has been assessed shall be grounds for suspension or revocation of the constable’s commission.

(7) Any other disciplinary sanction permitted by law.

(c) Procedure. —

(1) After receipt of written notice from the Section of the Board’s proposal to deny, suspend or revoke a commission or identification card, the constable shall be afforded a hearing before the Board.

(2) The constable shall submit in writing, within 30 days from the date of receipt of the written notice of a proposal to deny, suspend or revoke, a request for a hearing before the Board.

(3) A hearing panel consisting of 3 members of the Board shall be convened to hear the appeal. The panel shall be comprised of the Chair of the Board or the Chair’s designee, a board member from a police agency, and a board member from a constable agency.

(4) The constable shall appear in person and may be represented by counsel. The constable may present evidence, cross-examine witnesses, and obtain the issuance of subpoenas under subsection (d) of this section. The Delaware Rules of Evidence will apply to the presentation of evidence. A record shall be kept of all public hearings, a transcript of which shall be provided, at cost, upon request. All decisions shall be by a majority of the members of the hearing panel.

(d) The Board may issue subpoenas, sua sponte, or at the request of the constable, and order discovery in aid of investigations and hearings under this chapter. Subpoenas shall be signed by the Chair of the Board and may be served by any sheriff, deputy sheriff, constable or any member of the Board. Proof of receipt of the subpoena shall be made to the Board. Issuance of subpoenas and all discovery shall be subject to the same limitations as would apply in a civil action in the Superior Court. Provided, however, that subpoenas and discovery, in aid of investigation, are first to be reviewed by the Attorney General to determine whether there is reason to believe that there has been a violation of this chapter.
24 Del. C. § 1705A — Delaware Code / Title 24 / Chapter 17A / Section 1705A
§ Â
        1705A. Application and issuance of expedited licensure.
Status: in_force

(a) A physician seeking licensure through the Compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.

(b) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician’s eligibility, to the Interstate Commission.

(1) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the Interstate Commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.

(2) The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with 5 C.F.R. § 731.202.

(3) Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.

(c) Upon verification in subsection (b) of this section, physicians eligible for an expedited license shall complete the registration process established by the Interstate Commission to receive a license in a member state selected pursuant to subsection (a) of this section, including the payment of any applicable fees.

(d) After receiving verification of eligibility under subsection (b) of this section and any fees under subsection (c) of this section, a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the Medical Practice Act and all applicable laws and regulations of the issuing member board and member state.

(e) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.

(f) An expedited license obtained through the Compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a non-disciplinary reason, without re-designation of a new state of principal licensure.

(g) The Interstate Commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.
24 Del. C. § 1315 — Delaware Code / Title 24 / Chapter 13 / Section 1315
§ Â
        1315. Commissioned security guard registration requirements.
Status: in_force

Anyone who wishes to be licensed as an armed security guard, under this chapter, must meet and maintain the same qualifications as a security guard and must be at least 21 years of age.
24 Del. C. § 5413 — Delaware Code / Title 24 / Chapter 54 / Section 5413
§ Â
        5413. Prohibited conduct.
Status: in_force

An athlete agent may not intentionally do any of the following:

(1) Give a student athlete or, if the athlete is a minor, a parent or guardian of the athlete materially false or misleading information or make a materially false promise or representation with the intent to influence the athlete, parent, or guardian to enter into an agency contract.

(2) Furnish anything of value to a student athlete or another individual, if to do so may result in loss of the athlete’s eligibility to participate in the athlete’s sport, unless all of the following applies:

a. The agent notifies the athletic director of the educational institution at which the athlete is enrolled or at which the agent has reasonable grounds to believe the athlete intends to enroll, not later than 72 hours after giving the thing of value.

b. The athlete or, if the athlete is a minor, a parent or guardian of the athlete acknowledges to the agent in a separate record that receipt of the thing of value may result in loss of the athlete’s eligibility to participate in the athlete’s sport.

(3) Initiate contact, directly or indirectly, with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, to recruit or solicit the athlete, parent, or guardian to enter an agency contract unless registered under this chapter.

(4) Fail to create, retain, or permit inspection of the records required by § 5412 of this title.

(5) Fail to register when required by § 5404 of this title.

(6) Provide materially false or misleading information in an application for registration or renewal of registration.

(7) Predate or postdate an agency contract.

(8) Fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, before the athlete, parent, or guardian signs an agency contract for a particular sport that the signing may result in loss of the athlete’s eligibility to participate in the athlete’s sport.

(9) Encourage another individual to do any of the acts described in paragraphs (1) through (8) of this section on behalf of the agent.

(10) Encourage another individual to assist any other individual in doing any of the acts described in paragraphs (1) through (8) of this section on behalf of the agent.
24 Del. C. § 5304 — Delaware Code / Title 24 / Chapter 53 / Subchapter I / Section 5304
§ Â
        5304. Organization; meetings; officers; quorum.
Status: in_force

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

(b) The Board shall elect, in the same month of each year, a president, vice-president and secretary. Each officer shall serve for 1 year, and may succeed himself or herself for 1 additional term.

(c) A majority of the members shall constitute a quorum for the purpose of transacting business. The affirmative vote of at least 4 members of the Board is required to certify and license applicants or to discipline a certificate holder or licensee. All other actions will be by simple majority vote.

(d) Minutes of all meetings shall be recorded and copies shall be maintained by the Division. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
24 Del. C. § 2913 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2913
§ Â
        2913. Hearing procedures.
Status: in_force

(a) If a complaint is filed with the Commission pursuant to § 8735 of Title 29 alleging violation of § 2912 of this title, the Commission 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) Where the licensee is in disagreement with the action of the Commission, the licensee may appeal the Commission’s decision to the Superior Court within 30 days of the day that notice of the decision is 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. § 1910B — Delaware Code / Title 24 / Chapter 19B / Section 1910B
§ Â
        1910B. Oversight, dispute resolution and enforcement [Effective upon fulfillment of 83 Del. Laws, c. 110, Â 2].
Status: in_force

(a) Oversight. — (1) Each party state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact’s purposes and intent.

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

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

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

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

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

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

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

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

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

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

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

(3) In the event the Commission cannot resolve disputes among party states arising under this Compact:

a. The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the Compact administrator in each of the affected party states and an individual mutually agreed upon by the Compact administrators of all the party states involved in the dispute.

b. The decision of a majority of the arbitrators shall be final and binding.

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

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

(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
24 Del. C. § 3317 — Delaware Code / Title 24 / Chapter 33 / Subchapter II / Section 3317
§ Â
        3317. Disciplinary sanctions.
Status: repealed

(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 § 3316 of this title applies to a licensee regulated by this chapter:

(1) Issue a letter of reprimand;

(2) [Repealed.]

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

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

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

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

(4) Suspend any licensee’s license;

(5) Permanently revoke a licensee’s license; or

(6) Impose a monetary penalty not to exceed $2,000 for each violation.

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

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

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

(e) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this subchapter.

(f) Where the Board has placed a licensee on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions or conditions are being or have been violated by the licensee, the Board, after a hearing on the matter, may suspend or revoke the licensee’s license.
24 Del. C. § 2702 — Delaware Code / Title 24 / Chapter 27 / Subchapter I / Section 2702
§ Â
        2702. 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 Professional Land Surveyors 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 physician, or the abuse of alcoholic beverage such that it impairs a person’s ability to perform the work of a professional land surveyor.

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

(5) “Practice of land surveying” shall mean professional services or work involving special knowledge and application of the principles of mathematics and related sciences and the relevant requirement of law in connection with the use and development of land, as described herein:

a. The act of measuring, locating, establishing or reestablishing corners, lines, boundaries, angles, elevations, contours and natural and manmade features in the air, on the surface or subsurface of the earth, within underground workings and on the beds or surface of bodies of water for the purpose of determining or establishing facts of size, area, shape, topography, tidal datum planes, legal or geodetic location or relocation and orientation of improved or unimproved real property and appurtenances thereto;

b. The horizontal and vertical control for aerial surveys and photogrammetric compilation; Global Positioning System Surveying (GPS), as related to boundary surveying and as defined as determining the horizontal and vertical location of an object on the earth’s surface with respect to the center of the earth by observing satellites with equipment capable of acquiring, analyzing and managing the data collected; polaris and solar observations for the determination of the true azimuth; the monumentation and remonumentation of boundaries of land, divisions of land, tracts, parcels and lots; the measurement and preparation of plans showing existing improvements after construction; the layout of proposed improvements and the preparation of descriptions and plans for use in legal instruments of conveyance of real property and property rights; and

c. The design, preparation and furnishing of subdivision plans, land development plans, sedimentation and erosion control plans, grading plans, condominium plans, record plats and horizontal alignments, and profiles and typical sections for roads, streets, utilities, sanitary sewers and storm drainage systems. This shall not be construed so as to permit the professional land surveyor to include the design of sewage disposal stations, lift stations, commercial and industrial buildings, pumping stations and bridges, or to prepare plans for the construction of engineering and architectural projects.

(6) “Professional land surveyor” shall mean an individual who holds a valid license to practice land surveying under this chapter, and in addition:

a. Is a professional specialist in the technique of measuring land;

b. Is educated in the principles of mathematics and related sciences;

c. Is experienced in the application of the principles of mathematics and the related sciences;

d. Understands the relevant requirements of law for the presentation of adequate evidence relating to property descriptions and the surveying of real property.

(7) “Responsible charge” shall mean the direct control and personal direction of the investigation, operation and execution of land surveying work requiring initiative, and professional skill and independent judgment as a party chief or survey manager.

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

(9) “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 land surveying.

(10) “Surveyor intern” shall mean an individual who has qualified for, taken, and has passed the written standardized national examination developed by the national professional association in the fundamentals of surveying.
24 Del. C. § 3044 — Delaware Code / Title 24 / Chapter 30 / Subchapter III / Section 3044
§ Â
        3044. Qualifications of applicant.
Status: repealed

(a) Applicants for chemical dependency professional license by certification under this chapter shall complete an application form, pay the required fee and provide evidence, verified by oath and satisfactory to the Board, that the applicant meets the following requirements:

(1) Received a master’s degree from a regionally accredited institution of higher education with a minimum of 30 graduate semester hours in counseling or subjects closely related to counseling.

(2) Subsequent to receiving the master’s degree has acquired 3,200 hours of counseling experience, 1,600 hours of which must be under the supervision of a licensed chemical dependency professional. Where supervision by a licensed chemical dependency professional is not available, a licensed clinical social worker, licensed psychologist, licensed professional counselor of mental health or a licensed physician specializing in chemical dependency may supervise the applicant. Of the 1,600 hours of supervised counseling experience, at least 100 hours must be face-to-face consultation between the supervisor and supervisee, which may take place in individual and/or in group settings, as follows:

a. Individual supervision, which consists of 1-to-1, face-to-face meetings between supervisor and supervisee, provided, the entire 100 hour requirement may be fulfilled by individual supervision.

b. Group supervision, which consists of face-to-face meetings between supervisor and no more than 6 supervisees; provided, no more than 40 hours of group supervision shall be acceptable toward the 100 hour requirement.

(3) Is certified by the National Association for Addictions Professionals, (NAADAC) as a national certified addictions counselor (NCAC or MAC), by the Delaware Certification Board (DCB Inc.) as a certified alcohol and drug counselor, or by a certifying organization acceptable to the Board.

(4) Has not received any administrative penalties regarding the applicant’s actions as a Licensed Chemical Dependency Professional, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and and/or has not entered into any “consent agreement” which contains conditions placed by a Board on the applicant’s professional conduct, including any voluntary surrender of a license. The Board, after a hearing, may determine whether such administrative penalty is grounds to deny licensure.

(5) Does not have any impairment related to drugs or alcohol or a finding of mental incompetence by a physician that would limit the applicant’s ability to act as a chemical dependency professional in a manner consistent with the safety of the public.

(6) Does not have a criminal conviction nor pending criminal charge for an offense that is substantially related to chemical dependency counseling. Applicants who have a criminal conviction or pending criminal charge shall request appropriate authorities to provide information about the conviction or charge directly to Board. However, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(6). A waiver may not be granted for a conviction of a felony sexual offense.

a.-e. [Repealed.]

(7) Has not been penalized for any wilful violation of the code of ethics adopted by the Board or the code of ethics of a professional organization of chemical dependency professionals.

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

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

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

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

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

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

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

(d) [Repealed.]
24 Del. C. § 3703A — Delaware Code / Title 24 / Chapter 37A / Section 3703A
§ Â
        3703A. Definitions.
Status: in_force

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

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

(2) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual’s license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.

(3) “Alternative program” means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.

(4) “Audiologist” means an individual who is licensed by a state to practice audiology.

(5) “Audiology” means the care and services provided by a licensed audiologist as set forth in the member state’s statutes and rules.

(6) “Audiology and Speech-Language Pathology Compact Commission” or “Commission” means the national administrative body whose membership consists of all states that have enacted the Compact.

(7) “Audiology and speech-language pathology licensing board,” “audiology licensing board,” “speech-language pathology licensing board,” or “licensing board” means the agency of a state that is responsible for the licensing and regulation of audiologists and/or speech-language pathologists.

(8) “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient/client/student is located at the time of the patient/client/student encounter.

(9) “Current significant investigative information” means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

(10) “Data system” means a repository of information about licensees, including continuing education, examination, licensure, investigative, compact privilege, and adverse action.

(11) “Encumbered license” means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB).

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

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

(14) “Impaired practitioner” means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.

(15) “Licensee” means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist.

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

(17) “Privilege to practice” means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state.

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

(19) “Rule” means a regulation, principle, or directive promulgated by the Commission that has the force of law.

(20) “Single-state license” means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.

(21) “Speech-language pathologist” means an individual who is licensed by a state to practice speech-language pathology.

(22) “Speech-language pathology” means the care and services provided by a licensed speech-language pathologist as set forth in the member state’s statutes and rules.

(23) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology.

(24) “State practice laws” means a member state’s laws, rules and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.

(25) “Telehealth” means the application of telecommunication, audio-visual, or other technology that meets the applicable standard of care to deliver audiology or speech-language pathology services at a distance for assessment, intervention and/or consultation.
24 Del. C. § 3111 — Delaware Code / Title 24 / Chapter 31 / Subchapter II / Section 3111
§ Â
        3111. Licensure; renewal of license; lapsed license; inactive status; special exception.
Status: in_force

(a) The Board shall issue a license to each applicant who meets the requirements of this title for licensure as a funeral director and who pays the fees established under § 3110 of this title. Prior to practicing in this State, each applicant shall file for and obtain an occupational license from the Division of Revenue in accordance with Chapter 23 of Title 30.

(b) Each license shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee, 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) Any licensee whose license lapses as a result of a failure to renew may regain the license within 12 months of such lapse upon payment to the Board of a fee established by the Division, and evidence of successful completion of continuing education courses required by the Board.

(d) Any licensee, upon written request to the Board, may be placed on inactive status not to exceed 5 years. Such licensee may reenter practice upon notification to the Board of an intention to do so, provided the licensee has satisfied all continuing education requirements prescribed by the Board. The fee to reenter practice shall be in accordance with § 3110 of this title.

(e) Notwithstanding subsection (b) of this section, in the event a funeral director who was previously licensed in Delaware and allowed his or her license to lapse for a period in excess of 12 months is applying for licensure under this section, the Board shall grant a license to such applicant, subject to the applicant complying with all of the following:

(1) Completion of the continuing education requirements set forth in subsection (b) of this section.

(2) Formal submission of a completed, written application on forms provided by the Board.

(3) Successful completion of the state law examination required by § 3105 of this title.

(4) Payment of a reinstatement fee established by the Division.
24 Del. C. § 2301 — Delaware Code / Title 24 / Chapter 23 / Subchapter I / Section 2301
§ Â
        2301. Definitions.
Status: in_force

As used in this chapter:

(1) “Antique dealer” means a person, company, corporation, or member or members of a partnership or firm who sells exclusively goods that are at least 50 years old.

(2) “Automated kiosk” means an interactive device that is permanently installed within a secure retail space and that has the following technological functions:

a. Monitored remotely by a live representative during all business hours of operation;

b. Verification of a seller’s identity via a government-issued identification card;

c. Secure storage of goods accepted by the kiosk;

d. Capture and storage of images during the transaction; and

e. Electronically report all transactions to law enforcement.

(3) “Catalytic converter” means a used, detached catalytic converter that is used for controlling the exhaust emissions from motor vehicles, and that contains a catalyst metal, but does not include a catalytic converter that has been tested, certified, and labeled for reuse in accordance with U.S. Environmental Protection Agency regulations.

(4) “Consumer” means any person or buyer who purchases a “retail” product, as defined in paragraph (11) of this section, other than for further purposes of resale or processing.

(5) “Department” shall mean the Department of Safety and Homeland Security.

(6) “Director” shall mean the officer in charge of the Professional Licensing Section of the Division.

(7) “Division” shall mean the Division of the Delaware State Police.

(8) “Exempted Internet acquisitions” means any property acquired by a business licensed under this chapter from an exclusive Internet sale.

(9) “Gift card” means a tangible device, whereon is embedded or encoded in an electronic or other format a value issued in exchange for payment that may be used to obtain merchandise, goods, or services at a single retailer of goods or services or an affiliated group of retailers of goods, which may provide to the bearer merchandise in a specific amount or of equal value to the bearer of the device.

(10) “Pawnbroker” means any person, company, corporation, or member or members of a partnership or firm who:

a. Engages in the business of lending money on the deposit or pledge of personal property or other valuable things, other than causes in action, securities, or written evidences of indebtedness; or

b. Purchases personal property with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price; or

c. Lends money upon goods, wares or merchandise pledged, stored or deposited as collateral security.

(11) “Retail” means the sale or purchase for final consumption in contrast to a sale for further sale or processing, or a sale to the final consumer, rather than a sale to a retailer or one who intends to resell.

(12) “Scrap metal processor” means any person, company, corporation, or member or members of a partnership or firm engaged in the business of selling or receiving any worn out or discarded metal, old iron, used plumbing fixtures, other metals, automobiles, automobile parts, chain, copper, lead, brass, or other parts of machinery.

(13) “Secondhand dealer” means any person, company, corporation, or member or members of a partnership or firm whose storefront business includes any volume of selling or receiving previously owned, used, rented or leased tangible personal property excluding motor vehicles. The term “secondhand dealer” includes any individual engaged in the business of receiving tangible personal property by means of an automated kiosk. The term “secondhand dealer” shall not include auction houses, flea markets, antique dealers or motor vehicle dealers. This chapter, as it relates to secondhand dealers, does not apply to:

a. The sale of secondhand goods at events commonly known as “garage sales,” “yard sales,” or “estate sales”;

b. The sale or receipt of secondhand books, magazines, post cards, postage stamps;

c. The sale or receipt of used merchandise donated to recognized nonprofit, religious, or charitable organizations or any school-sponsored association for which no compensation is paid;

d. The sale or receipt of secondhand furniture;

e. The sale or receipt of secondhand clothing and shoes;

f. The sale of goods exclusively via the Internet that meet the definition of “exempted Internet acquisition” set forth in this section;

g. Federal firearms licensed dealers;

h. The retail sale or purchase of goods, notwithstanding any and all articles under § 2302(b) of this title, and/or produce or other food products to a consumer, by a person, company, corporation, member or members of a partnership or firm from a location that the person, company, corporation, member or members or a partnership or firm, owns or leases; or

i. The taking in trade by a business of an item of a like kind to items which such business sells as new goods as the principal or substantial part of its business.

(14) “Secretary” shall mean the Secretary of the Department of Safety and Homeland Security.

(15) “Section” shall mean the Professional Licensing Section of the Division.

(16) “Superintendent” shall mean the Superintendent of the Division.
24 Del. C. § 1799N — Delaware Code / Title 24 / Chapter 17 / Subchapter XI / Section 1799N
§ Â
        1799N. Issuance and renewal of licenses; fees.
Status: in_force

(a) The Division of Professional Regulation shall establish reasonable fees for licensing genetic counselors and for biennial license renewal.

(b) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a genetic counselor 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 § 1799M of this title.

(d) The Council, 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, obtain an updated certified criminal background check, submit a renewal fee, and proof of fulfillment of continuing education requirements in accordance with the rules and regulation of the Council.
24 Del. C. § 2015 — Delaware Code / Title 24 / Chapter 20 / Subchapter II / Section 2015
§ Â
        2015. Grounds for discipline.
Status: repealed

(a) A licensee is subject to disciplinary actions under § 2017 of this title if, after a hearing, the Board finds that the licensee has done any of the following:

(1) Employed or knowingly cooperated in fraud or material deception in order to acquire a license as an occupational therapist or occupational therapy assistant, impersonated another person holding a license or registration, allowed another person to use the licensee’s license, or aided or abetted a person not licensed under this chapter to represent the person as an occupational therapist or occupational therapy assistant.

(2) Been convicted of a crime that is substantially related to the practice of occupational therapy. A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of the conviction.

(3) Excessively used or abused drugs or alcohol in the previous 2 years.

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

(5) Violated a provision of this chapter or a regulation established under this chapter.

(6) Had the licensee’s license, certification, or registration as an occupational therapist or occupational therapy assistant suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction.

a. For this paragraph (a)(6) to apply, the underlying grounds for the action in another jurisdiction must be presented to the Board by certified record, and the Board must determine that the facts found in the other jurisdiction constitute 1 or more of the acts defined in this chapter.

b. A licensee is deemed to have consented to the release of the information under paragraph (a)(6)a. of this section by the Board or comparable agency in another jurisdiction and waived all objections to the admissibility of previously adjudicated evidence on the record of the other jurisdiction.

(7) Failed to notify the Board that the licensee’s license, certification, or registration as an occupational therapist or occupational therapy assistant in another jurisdiction has been subject to discipline, surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, surrender, suspension, or revocation is conclusive evidence thereof.

(8) While acting as a supervising occupational therapist, has failed to supervise and take reasonable steps to see that an occupational therapy assistant performs services responsibly, competently, and ethically, in accordance with rules and regulations that the Board established. A supervising occupational therapist is subject to disciplinary action for an act or offense which is grounds for disciplinary action when the act or offense is undertaken by the occupational therapy assistant acting under the supervising occupational therapist’s direction or control.

(b) If a licensee fails to comply with the Board’s request that the licensee attend a hearing, the Board may petition the Superior Court to order the licensee’s attendance. The Court has the jurisdiction to issue an order requiring the licensee to attend the hearing.

(c) [Repealed.]
24 Del. C. § 508 — Delaware Code / Title 24 / Chapter 5 / Subchapter II / Section 508
§ Â
        508. Qualifications of applicant; report to Attorney General; judicial review.
Status: repealed

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

(1) Has received a degree of “Doctor of Podiatric Medicine” or its equivalent from a college or school approved by the Council on Podiatric Education of the American Podiatric Medical Association, or the successor of such Council.

(2) Has satisfactorily completed a hospital residency program approved by the Council on Podiatric Medical Education.

(3) Has satisfactorily completed the Podiatric Medical Licensing Examination for States (PMLEXIS); the minimum passing score shall be that score recommended by the testing service providing the examination.

(4) Shall not have been the recipient of any administrative penalties regarding the applicant’s practice of podiatry, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has not entered into any “consent agreements” which contain conditions placed by a Board on the applicant’s professional conduct and practice, including any voluntary surrender of a license. The Board may determine, after a hearing, whether such administrative penalty is grounds to deny licensure.

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

(6) Does not have a criminal conviction record, nor pending criminal charge relating to an offense that is substantially related to the practice of podiatry. Applicants who have criminal conviction records or pending criminal charges shall request appropriate authorities to provide information about the record or charge directly to the Board. If after considering the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(6). A waiver may not be granted for a conviction of a felony sexual offense.

a.-d. [Repealed.]

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

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

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

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

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

c. An applicant may not be licensed to practice podiatric medicine until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction that is substantially related to the practice of podiatry may not be licensed by the Board unless a waiver is granted pursuant to paragraph (a)(6) of this section.

(10) Has submitted to the Board a sworn or affirmed statement that the applicant is, at the time of application, physically and mentally capable of engaging in the practice of podiatric medicine according to generally accepted standards, and submit to such examination as the Board may deem necessary to determine the applicant’s capability.

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

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

(d) All individuals licensed to practice podiatric medicine in this State shall be required to be fingerprinted by the State Bureau of Identification, at the licensee’s expense, for the purposes of performing subsequent criminal background checks. Licensees shall submit by January 1, 2016, at the applicant’s expense, fingerprints and other necessary information in order to obtain a criminal background check.
24 Del. C. § 3919 — Delaware Code / Title 24 / Chapter 39 / Section 3919
§ Â
        3919. Duty to report  conduct that constitutes grounds for discipline or inability to practice.
Status: in_force

(a) A licensee to whom a license to practice has been issued under this chapter has a duty to report to the Division in writing information that the licensee reasonably believes indicates any of the following:

(1) That any other licensee, or any other health-care provider, has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other health-care provider’s licensing statute.

(2) That any other licensee, or any other health-care provider, may be unable to practice with reasonable skill and safety to the public for any of the following reasons:

a. Mental illness or mental incompetence.

b. Physical illness, including deterioration through the aging process or loss of motor skill.

c. Excessive use or abuse of drugs, including alcohol.

(3) That an individual certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to clients for any of the following reasons:

a. Mental illness or mental incompetence.

b. Physical illness, including deterioration through the aging process or loss of motor skill.

c. Excessive use or abuse of drugs, including alcohol.

(b) A licensee must file a report required under subsection (a) of this section within 30 days of becoming aware of information listed in paragraphs (a)(1), (2), or (3) of this section. A licensee reporting or testifying in any proceeding as a result of making a report under this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, if the licensee acted in good faith and without gross or wanton negligence. Good faith is presumed until proven otherwise, and the licensee alleging gross or wanton negligence has the burden of proof.
24 Del. C. § 2008 — Delaware Code / Title 24 / Chapter 20 / Subchapter II / Section 2008
§ Â
        2008. Qualifications of applicant; report to Attorney General; judicial review.
Status: repealed

(a) An applicant who is applying for licensure as an occupational therapist or occupational therapy assistant under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following qualifications:

(1) Has successfully completed the academic requirements of an educational program in occupational therapy that the Board recognizes. The occupational therapy education program and occupational therapist assistant educational program must be accredited by the Accreditation Council for Occupational Therapy Education.

a., b. [Repealed.]

(2) Has successfully completed a period of supervised field work experience arranged by the recognized educational institution where the applicant has met the academic requirements, or by the nationally recognized professional association.

(3) Has achieved the passing score on the written standardized examination developed by the National Board for Certification in Occupational Therapy, Inc., or its successor.

(4) a. Has not been the recipient of any administrative penalties regarding the applicant’s practice of occupational therapy, including fines; formal reprimands; license suspensions or revocation, except for license revocations for nonpayment of license renewal fees; or probationary limitations.

b. Has not entered into any “consent agreements” which contain conditions placed by a Board on that applicant’s professional conduct and practice, including any voluntary surrender of a license.

c. The Board may determine, after a hearing, whether an administrative penalty included in paragraphs (a)(4)a. and (a)(4)b. of this section is grounds to deny licensure.

(5) Has no impairment related to drugs, alcohol, or a finding of mental incompetence by a physician that would limit the applicant’s ability to undertake the practice of occupational therapy in a manner consistent with the safety of the public.

(6) Does not have a criminal conviction record or pending criminal charge relating to an offense that is substantially related to the practice of occupational therapy. Applicants who have criminal conviction records or pending criminal charges for an offense that is substantially related to the practice of occupational therapy that is not excluded from consideration under § 8735(x)(4) of Title 29 shall request that the appropriate authorities provide information about the record or charge directly to the Board. The Board shall waive this paragraph (a)(6) if, after a hearing or review of documentation and consideration of the factors set forth under § 8735(x)(3) of Title 29, the Board, by an affirmative vote of a quorum, finds that granting a waiver would create an unreasonable risk to public safety.

a.-d. [Repealed.]

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

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

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

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

b. An applicant may not be licensed to practice occupational therapy until the applicant’s criminal history reports have been produced. The Board may not license an applicant whose record shows a prior criminal conviction for an offense that is substantially related to the practice of occupational therapy unless a waiver is granted under paragraph (a)(6) of this section.

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

(c) If the Board refuses or rejects an application and the applicant believes that the Board has acted without justification, imposed higher or different standards for that applicant than for other applicants or licensees, or in some other manner contributed to or caused the failure of the application, the applicant may appeal to the Superior Court.

(d) Licensees must be fingerprinted by the State Bureau of Identification, at the licensee’s expense, for the purposes of performing subsequent criminal background checks.
24 Del. C. § 3702 — Delaware Code / Title 24 / Chapter 37 / Subchapter I / Section 3702
§ Â
        3702. Definitions [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: in_force

For purposes of this chapter:

(1) “Audiologist” means a person who is licensed to practice audiology pursuant to this chapter and who offers such services to the public under any title or description of services incorporating the words “audiologist,” “hearing clinician,” “hearing therapist,” “aural rehabilitator,” or any other similar title or description of service.

(2) “Board” means the State Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers established in this chapter.

(3) “Division” means the state Division of Professional Regulation.

(4) “Excessive use or abuse of drugs” means 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 an individual’s ability to perform the work of a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser.

(5) “Hearing aid dispenser” means a person licensed to dispense prescription hearing aids pursuant to this chapter.

(6) “Over-the-counter hearing aid” means an air-conduction hearing aid that does not require implantation or other surgical intervention, and is intended for use by a person age 18 or older to compensate for perceived mild to moderate hearing impairment. The device, through tools, tests, or software, allows the user to control the hearing aid and customize it to the user’s hearing needs. The device may use wireless technology or may include tests for self-assessment of hearing loss. The device is available over-the-counter, without the supervision, prescription, or other order, involvement, or intervention of a licensed person, to consumers through in-person transactions, by mail, or online, provided that the device satisfies the requirements in this section.

(7) “Person” means a corporation, company, association, or partnership, as well as an individual. Licenses shall be issued only to individuals under this chapter.

(8) “Practice of audiology” means the application of principles, methods and procedures of measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation, and rehabilitation related to hearing, disorders of hearing, and balance for the purpose of evaluating, identifying, preventing, ameliorating, or modifying such disorders and conditions in individuals and groups. For the purpose of this paragraph, the terms “habilitation” and “rehabilitation” include hearing aid evaluation, recommendation, and fitting and selecting, adapting, and distributing or selling of hearing aids. The practice of audiology includes the practice of dispensing prescription hearing aids.

(9) “Practice of hearing aid dispensing” means the selection, fitting, dispensing, adapting, selling, or renting of prescription hearing aids to a prospective hearing aid user who is at least 18 years of age.

a. A hearing aid dispenser may:

1. Perform otoscopic observation of the ear canal solely for the purpose of fitting a prescription hearing aid or making necessary referrals.

2. Perform nondiagnostic testing of hearing solely for the purpose of fitting a prescription hearing aid or making necessary referrals.

3. Make ear impressions for manufacture or modification of ear molds and prescription hearing aids.

4. Make adjustments and repairs to prescription hearing aids for impaired hearing only.

5. Provide instruction, orientation, and counseling on the use and operation of a prescription hearing aid.

b. A hearing aid dispenser may not:

1. Provide cerumen management services.

2. Adapt or adjust prescription hearing aids to conduct sound therapy treatment for tinnitus management.

3. Verbally or in writing make a statement or reference to a prospective prescription hearing aid user regarding any audiologic or medical condition or diagnosis.

c. For the purpose of this paragraph, “audiologic diagnosis” means the diagnosis of a conductive and sensorineural hearing loss. Before dispensing a prescription hearing aid, a hearing aid dispenser shall advise a prospective hearing aid user to consult immediately with a licensed physician if the hearing aid dispenser determines the presence of any of the following:

1. Visible congenital or traumatic deformity of the ear.

2. History of active drainage from the ear within the previous 90 days.

3. History of sudden or rapidly progressive hearing loss within the previous 90 days.

4. Acute or chronic dizziness.

5. Unilateral hearing loss within the previous 90 days or since the last evaluation.

6. Audiometric air bone gap equal to or greater than 15 dB at 500 Hertz, 100 Hertz, and 2000 Hertz.

7. Visible evidence of significant cerumen accumulation or a foreign body in the ear canal.

8. Tinnitus as a primary symptom.

9. Pain or discomfort in the ear.

(10) “Practice of speech/language pathology” means the application of principles, methods, and procedures for measurement, testing, evaluation, prediction, counseling, instruction, habilitation, or rehabilitation related to the development and disorders of speech, language, voice, fluency, cognition, and swallowing for the purpose of evaluating, preventing, ameliorating, or modifying such disorders in individuals and groups.

(11) “Prescription hearing aid” means a hearing aid that is not an over-the-counter hearing aid as defined in this section.

(12) “Speech/language pathologist” means a person who is licensed to practice speech/language pathology pursuant to this chapter and who offers such services to the public under any title or description of services incorporating the words “speech/language pathologist,” “speech pathologist,” “language pathologist,” “speech and/or language therapist,” “speech and/or language correctionist,” “speech and/or language clinician,” “voice therapist,” “communicologist,” “aphasiologist,” or any other similar title or description of service.

(13) “Speech/language pathology assistant” means a person licensed by the Board who performs tasks prescribed, directed, and supervised by a licensed speech/language pathologist.

a. A speech/language pathology assistant may do all of the following under the supervision of a licensed speech/language pathologist:

1. Conduct speech and language screenings without interpretation, using screening protocols specified by the supervising speech/language pathologist.

2. Provide direct treatment assistance identified by the supervising speech/language pathologist by following written treatment plans, individualized education programs, individual support plans, or protocol developed by the supervising speech/language pathologist.

3. Document patient, client, or student progress toward meeting established objectives as stated in the treatment plan, individual support plan, or individualized education program without interpreting the findings and report this information to the supervising speech/language pathologist.

4. Assist the supervising speech/language pathologist in collecting and tallying data for assessment purposes, without interpreting the data.

5. Assist with informal documentation during an intervention session by collecting and tallying data as directed by the supervising speech/language pathologist, preparing materials, and assisting with other clerical duties as specified by the supervising speech/language pathologist.

6. Schedule activities and prepare charts, records, graphs, or other displays of data.

7. Perform checks and maintenance of equipment.

8. Participate with the supervising speech/language pathologist in research projects, in-service training, and public relations programs.

9. Sign and initial treatment notes for review and co-signature by the supervising speech/language pathologist.

b. A speech/language pathology assistant may not do any of the following:

1. Conduct swallowing screening, assessment, and intervention protocols, including modified barium swallow studies.

2. Administer standardized or nonstandardized diagnostic tests or formal or informal evaluations or interpret test results.

3. Participate in parent conferences, case conferences, or any interdisciplinary team meeting without the presence of the supervising speech/language pathologist.

4. Write, develop, or modify a patient’s, client’s, or student’s treatment plan, individual support plan, or individualized education program, whether or not prepared by the supervising speech/language pathologist.

5. Provide intervention for patients, clients, or students without following the treatment plan, individual support plan, or individualized education program prepared by the supervising speech/language pathologist.

6. Sign any formal documents, including treatment plans, individualized education programs, reimbursement forms, or reports.

7. Select patients, clients, or students for services.

8. Discharge patients, clients, or students from services.

9. Unless required by law, disclose clinical or confidential information orally or in writing to anyone not designated by the supervising speech/language pathologist.

10. Make a referral for any additional service.

11. Communicate with the patient, client, or student or with the family or others regarding any aspect of the patient, client, or student status without the specific consent of the supervising speech/language pathologist.

12. Claim to be a speech/language pathologist.

13. Write a formal screening, diagnostic, progress, or discharge note.

14. Perform any task without the express knowledge and approval of the supervising speech/language pathologist.

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

(15) “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 speech/language pathology, speech/language pathology assistant, audiology, and/or the dispensing of hearing aids.

(16) “Supervising speech/language pathologist” means a licensed speech/language pathologist who meets the requirements of the Board’s rules and regulations and who provides direction and evaluation of the tasks assigned to the speech/language pathology assistant, including direct and indirect supervision as set forth in the Board’s rules and regulations.
24 Del. C. § 2002A — Delaware Code / Title 24 / Chapter 20A / Section 2002A
§ Â
        2002A. Purpose.
Status: in_force

The purpose of this Compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

This Compact is designed to achieve the following objectives:

(1) Increase public access to occupational therapy services by providing for the mutual recognition of other member state licenses.

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

(3) Encourage the cooperation of member states in regulating multi-state occupational therapy practice;

(4) Support spouses of relocating military members.

(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states.

(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.

(7) Facilitate the use of telehealth technology in order to increase access to occupational therapy services.
24 Del. C. § 3112 — Delaware Code / Title 24 / Chapter 31 / Subchapter II / Section 3112
§ Â
        3112. Grounds for discipline.
Status: in_force

(a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 3114 of this title, if, after a hearing, the Board finds 1 or more of the following:

(1) The funeral director has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a funeral director, impersonated another person holding a license or allowed another person to use that practitioner’s license, or aided or abetted a person not licensed as a funeral director to represent himself or herself as a funeral director.

(2) The funeral director has illegally, incompetently, or negligently practiced funeral services.

(3) The funeral director has been convicted of a crime that is substantially related to the provision of funeral services or any offense which would limit the ability of the practitioner to carry out the practitioner’s professional duties with due regard for the health and safety of the public. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence of the conviction.

(4) The funeral director has used or abused drugs either in the past or currently. For the purposes of this subsection, “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 funeral director.

(5) The funeral director has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities.

(6) The funeral director has violated a lawful provision of this chapter, or any lawful regulation established under this chapter.

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

(8) Failed to notify the Board that the practitioner, in his or her capacity as a funeral director in another state, has been subjected to discipline, or the practitioner’s license as a funeral director in another state 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) A physical condition such that the performance of funeral services is or may be injurious or prejudicial to the public.

(10) Has solicited a customer or potential customer to grant a power of attorney to the funeral director or a business associate, employee, or family member of the funeral director, or to make any of the foregoing an heir of the customer or potential customer.

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

(c) Subject to this chapter and subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended, or revoked by the Board, and no practitioner’s right to practice funeral services 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.
24 Del. C. § 507 — Delaware Code / Title 24 / Chapter 5 / Subchapter II / Section 507
§ Â
        507. License required.
Status: in_force

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

(b) Whenever a license to practice as a podiatrist in this State has expired or been suspended or revoked, it shall be unlawful for the person to practice podiatry in this State.
24 Del. C. § 1799HH — Delaware Code / Title 24 / Chapter 17 / Subchapter XIII / Section 1799HH
§ Â
        1799HH. Midwifery Advisory Council.
Status: in_force

(a) The Board of Medical Licensure and Discipline shall form the Midwifery Advisory Council (Council) which consists of 7 voting members. The members shall consist of: 4 midwives, 2 CMs and 2 CPMs, whenever possible; 1 certified nurse midwife (CNM) as described in Chapter 19 of this title; 1 practicing obstetrician with hospital admitting privileges who is a member of the American Congress of Obstetricians and Gynecologists and certified by the American Board of Obstetrics and Gynecology; and 1 practicing pediatrician with hospital admitting privileges and certification from the American Board of Pediatrics. The inaugural midwife members shall be licensed pursuant to this subchapter no later than October 1, 2016, and all midwife members thereafter shall be licensed pursuant to this subchapter. The Council may elect officers as necessary. The Chair of the Council shall be a midwife in good standing. The members of the Council shall be compensated at an appropriate and reasonable level as determined by the Division of Professional Regulation and may be reimbursed for meeting-related travel expenses at the State’s current approved rate.

(b) Members shall be appointed so that the terms of 4 members, including no more than 2 midwives, shall expire 2 years after the initial appointment and that the terms of the remaining 3 members shall expire 3 years after the initial appointment. Thereafter, members are each appointed by the Board of Medical Licensure and Discipline for a term of 3 years, subject to removal by the Governor for neglect of duty, malfeasance, or misfeasance in office, and may succeed himself or herself for 1 additional 3-year term; provided, however, that if a member is initially appointed to fill a vacancy, the member may succeed himself or herself for only 1 additional 3-year term. A person appointed to fill a vacancy on the Council is entitled to hold office for the remainder of the unexpired term of the former member. Each term of office expires on the date specified in the appointment; however, a council member whose term of office has expired remains eligible to participate in council proceedings until replaced by the Board. A person who has been twice appointed to the Council or who has served on the Council for 6 years within any 9-year period may not again serve until an interim period of at least 1 year has expired since the person last served.

(c) The Council shall promulgate rules and regulations governing the practice of midwifery, the scope of practice of CMs and the scope of practice of CPMs, after public hearing and subject to the approval of the Board of Medical Licensure and Discipline. The Board must approve or reject proposed rules or regulations submitted to it by the Council within 60 days. If the Board fails to approve or reject the proposed rules or regulations within 60 days, the proposed rules or regulations are deemed to be approved by the Board. Such rules and regulations shall include, but not be limited to:

(1) Procedures for the examination of applicants and issuance of licenses to those applicants it finds qualified;

(2) Licensing and licensing renewal requirements;

(3) Standards for education, and training programs and the procedures for denial, revocation, or suspension of such program for failure to meet or maintain the standards;

(4) Continuing education requirements for licensed midwives;

(5) Description of the responsibilities of the midwife toward the client and her newborn in the antepartum, intrapartum, and the postpartum periods, including newborn assessment and screening consistent with existing statute.

(6) Practice standards for licensed midwives that shall include, but shall not be limited to:

a. Adoption of ethical standards for licensed midwives;

b. Maintenance of records of care, including client charts and birth statistics;

c. Participation in peer review and continuing education with midwives, physicians and nurses;

d. Requirement to have a second attendant certified in neonatal resuscitation at birth;

e. Description of the tools and equipment a midwife may and may not use during delivery; and

f. Medications and tests the midwife is authorized to obtain and administer in various settings as delineated in regulation.

(d) License suspension, revocation, and nonrenewal. — (1) The Council, after appropriate notice and hearing, may recommend to the Board of Medical Licensure and Discipline that the Board revoke, suspend, or refuse to issue a license, or place a licensee on probation, or otherwise discipline a licensee found guilty of unprofessional conduct. Unprofessional conduct includes, but is not limited to, fraud, deceit, incompetence, gross negligence, dishonesty, failure to adhere to the procedures of § 1799JJ of this title below, or other behavior in the licensee’s professional activity which is likely to endanger the public health, safety, or welfare. The Council shall recommend that the Board permanently revoke the license of a person who is convicted of a felony sexual offense. The Council may recommend and Board may take necessary action against a midwife who is unable to practice midwifery with reasonable skill or safety to clients because of physical or mental illness, impairment or incompetence; including illness, impairment, or incompetence caused by or related to substance abuse. Disciplinary action or other action taken against a midwife must be in accordance with the procedures for disciplinary and other actions against licensed health professionals, including appeals as set forth in subchapter IV of this chapter except that a hearing panel for a complaint against a midwife shall be convened as described below.

(2) In the event of a formal or informal complaint concerning the activity of a licensee that the Board determines, exercising its reasonable discretion, 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 Council Chair or the Council Chair’s designee.

a. An order temporarily suspending a license to practice may not be issued by the Board, unless the midwife or the midwife’s attorney received at least 24 hours’ written or oral notice prior to the temporary suspension and unless the Secretary of State or the Secretary’s designee, and the Council Chair or the Council Chair’s designee concur. At a minimum, the initial oral or written notice will inform the midwife or the midwife’s attorney of:

1. The essential terms of the suspension;

2. The reason for the suspension;

3. The midwife’s right to a hearing; and

4. The midwife’s right to an expedited hearing.

b. Within 48 hours of receiving the initial oral or written notice, a midwife whose license has been temporarily suspended pursuant to this section must be formally notified of the temporary suspension in writing. Formal notification consists of, at minimum:

1. A copy of the complaint;

2. The order of temporary suspension pending a hearing; and

3. A description of the hearing including the midwife’s right to request an expedited hearing,

personally served upon the midwife or sent by certified mail, return receipt requested, to the midwife’s last known address.

c. A midwife whose license to practice has been temporarily suspended pursuant to this section may request, and has a right to, 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 formal notification of the decision to temporarily suspend the person’s license.

d. As soon as possible after the issuance of an order temporarily suspending a midwife’s license to practice pending a hearing, the Council Chair shall appoint a 3-member hearing panel consisting of 3 members; 1 of the 3 shall be an unbiased physician member of the Council or Board; 2 of the 3 shall be unbiased midwife members of the Council; and if possible and no conflict exists, at least 1 of the 2 Council midwife members shall be of the same licensure type as the midwife under complaint. The Chair of the hearing panel shall be 1 of the Council midwife members. After notice to the midwife pursuant this section, the hearing panel shall convene within 60 calendar days of the date of the issuance of the order of temporary suspension to consider the evidence regarding the matters alleged in the complaint. If a midwife requests an expedited hearing, the hearing panel shall convene within 15 calendar days of the receipt by the Council of the request. The 3-member panel shall conduct a hearing in accordance with the procedures set forth in § 1734 of this title and shall render a decision within 15 calendar days of the hearing. 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 midwife requests a continuance of the hearing date. If the midwife requests a continuance, the order of temporary suspension will remain in effect until the hearing panel convenes and a decision is rendered by the Board.

e. In addition to making findings of fact, the hearing panel shall also determine whether the facts found by it constitute a clear and immediate danger to public health. If the hearing panel determines that the facts found constitute a clear and immediate danger to public health, the order of temporary suspension must remain in effect until the Board, under § 8735 of Title 29, deliberates and reaches conclusions of law based upon the findings of fact made by the hearing panel. An order of temporary suspension may not remain in effect for longer than 60 days from the date of the decision rendered by the hearing panel unless the suspended midwife requests an extension of the order pending a final decision of the Board. Upon the final decision of the Board, an order of temporary suspension is vacated as a matter of law and is replaced by the disciplinary action, if any, ordered by the Board.

(e) The Council shall meet at least quarterly and at such other times as license applications are pending. The Council shall present to the Board the names of individuals qualified to be licensed, shall recommend disciplinary action against licensees as necessary, and shall suggest changes in operations or regulations pursuant to this section. The Council shall keep minutes of its meetings which shall be available to the public upon FOIA request, except that information discussed by the Council concerning a mother or child which is private in nature or which would tend to reveal the identity of a client of a midwife shall be discussed in executive session pursuant to Chapter 100 of Title 29.

(f) The Board shall grant limited prescriptive authority upon the issuance of a certified professional midwife license or certified midwife license. The Council shall recommend and the Board shall approve the parameters of the limited prescriptive authority in its regulations.
24 Del. C. § 2317 — Delaware Code / Title 24 / Chapter 23 / Subchapter II / Section 2317
§ Â
        2317. Unlicensed pawnbrokers, secondhand dealers or scrap metal processors.
Status: in_force

(a) Any pawnbroker, second hand dealer, or scrap metal processor operating without the required license may be issued a cease and desist order by the Division and will not be permitted to operate without first obtaining such license.

(b) Whenever, in the judgment of the Director pursuant to authority of the Superintendent or the Superintendent’s designee, any pawnbroker, secondhand dealer or scrap metal processor has engaged in any acts or practices which constitutes a violation of any provision of this chapter or any rule or regulation or issued thereunder, the Director may request the Attorney General to make application to the Court of Chancery for an order enjoining such acts or practices for an order directing compliance and, upon a showing by Director that such entity has engaged or about to engage in such acts or practices, a permanent or temporary injunction, restraining order or other order may be granted.
24 Del. C. § 1174 — Delaware Code / Title 24 / Chapter 11 / Subchapter IV / Section 1174
§ Â
        1174. Practice of dentistry after cancellation of registration.
Status: in_force

Any person whose registration as a practitioner of dentistry has been cancelled under this chapter shall be deemed an unregistered person and subject as such to the penalties prescribed for the practice of dentistry by persons who are not duly registered.
24 Del. C. § 505 — Delaware Code / Title 24 / Chapter 5 / Subchapter I / Section 505
§ Â
        505. Records.
Status: in_force

The Division of Professional Regulation shall keep a register of all approved applications for license as a podiatrist 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. § 3010A — Delaware Code / Title 24 / Chapter 30A / Section 3010A
§ Â
        3010A. Data system.
Status: in_force

(a) The Commission shall provide for the development, maintenance, operation, 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 privilege to practice;

(4) Nonconfidential information related to alternative program participation;

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

(6) Current significant investigative information; and

(7) 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 member states.

(d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state 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. § 2315 — Delaware Code / Title 24 / Chapter 23 / Subchapter II / Section 2315
§ Â
        2315. Pawnbrokerâs insurance.
Status: in_force

Every person applying for a license to conduct the business of a pawnbroker shall first effect an insurance policy against fire for $50,000 for the protection of goods, pawned or pledged.
24 Del. C. § 4006 — Delaware Code / Title 24 / Chapter 40 / Subchapter I / Section 4006
§ Â
        4006. Powers and duties.
Status: repealed

(a) The Council on Real Estate Appraisers shall have authority to:

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

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

(3) Designate the written, standardized examination, endorsed by the Appraiser Qualifications Board (AQB), or its successor, and approved by the Council, and graded by the testing service, to be taken by all persons applying for licensure and certification; applicants, who qualify for licensure or certification by reciprocity, shall have achieved a passing score on all parts of the designated examination or a comparable, alternative national or regional examination, if the designated examination was not available at the time of the applicant’s original licensure.

(4) Evaluate the credentials of all persons applying for a license or a certificate as an appraiser in this State, in order to determine whether such persons meet the qualifications for licensing or certification set forth in this chapter.

(5) Grant certificates and licenses to, and renew certificates and licenses of, all persons who meet the qualifications for certification or licensure.

(6) Register applicants as real property appraiser trainees.

(7) Issue temporary certificates or licenses to persons who qualify.

(8) Establish by rule and regulation continuing education standards required for license or certification renewal.

(9) [Repealed.]

(10) Refer all complaints from certificate holders, licensees and the public concerning certified or licensed appraisers or concerning practices of the Council or of the profession, to the Division for investigation pursuant to § 8735 of Title 29; and assign a member of the Council to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint.

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

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

(b) The Council on Real Estate Appraisers shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of real estate appraisal.
24 Del. C. § 216 — Delaware Code / Title 24 / Chapter 2 / Section 216
§ Â
        216. Practicing without a license; penalties.
Status: in_force

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

(b) Where the Board has placed a practitioner on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions or conditions are being or have been violated by the practitioner, it may, after a hearing on the matter, suspend or revoke the practitioner’s license.

(c) Where a person not currently licensed as a landscape architect is convicted of unlawfully practicing landscape architecture in violation of this chapter such offender shall, upon the first offense, be fined $50, and shall pay all costs; provided, however, that where it is alleged that such violation has resulted in injury to any person, the offender shall be charged and tried under the applicable provisions of Title 11.

(d) Where a person previously convicted of unlawfully practicing landscape architecture is convicted a second or subsequent time of such offense, the fine assessed against such person shall be increased by $250 for each subsequent offense thereafter.
24 Del. C. § 3709A — Delaware Code / Title 24 / Chapter 37A / Section 3709A
§ Â
        3709A. Establishment of the Audiology and Speech-Language Pathology Compact Commission.
Status: in_force

(a) The Compact member states hereby create and establish a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission:

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

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

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

(b) Membership, voting and meetings:

(1) Each member state shall have 2 delegates selected by that member state’s licensing board. The delegates shall be current members of the licensing board. One shall be an audiologist and 1 shall be a speech-language pathologist.

(2) An additional 5 delegates, who are either a public member or board administrator from a state licensing board, shall be chosen by the Executive Committee from a pool of nominees provided by the Commission at Large.

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

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

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

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

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

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

(1) Establish the fiscal year of the Commission.

(2) Establish bylaws.

(3) Establish a code of ethics.

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

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

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

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

(8) Purchase and maintain insurance and bonds.

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

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

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

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

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

(14) Establish a budget and make expenditures.

(15) Borrow money.

(16) Appoint committees, including standing committees composed of members, and other interested persons as may be designated in this Compact and the bylaws.

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

(18) Establish and elect an Executive Committee.

(19) Perform other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of audiology and speech-language pathology licensure and practice.

(20) The Commission shall have no authority to change or modify the laws of the member states which define the practice of audiology and speech-language pathology in the respective states.

(d) The Executive Committee. —

The Executive Committee shall have the power to act on behalf of the Commission, within the powers of the Commission, according to the terms of this Compact:

(1) The Executive Committee shall be composed of 10 members:

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

b. Two ex-officio members, consisting of 1 nonvoting member from a recognized national audiology professional association and 1 nonvoting member from a recognized national speech-language pathology association.

c. One ex-officio, nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing boards.

d. The ex-officio members shall be selected by their respective organizations.

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

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

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

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

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

c. Prepare and recommend the budget.

d. Maintain financial records on behalf of the Commission.

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

f. Establish additional committees as necessary.

g. Other duties as provided in rules or bylaws.

(e) Meetings of the Commission or the Executive Committee. —

All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in § 3711A of this title.

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

(1) Noncompliance of a member state with its obligations under the Compact.

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

(3) Current, threatened, or reasonably anticipated litigation.

(4) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate.

(5) Accusing any person of a crime or formally censuring any person.

(6) Disclosure of trade secrets or commercial or financial information that is privileged or confidential.

(7) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

(8) Disclosure of investigative records compiled for law-enforcement purposes.

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

(10) Matters specifically exempted from disclosure by federal or member state statute.

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

(h) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents of meetings other than closed meetings shall be made available to members of the public upon request at the requesting person’s expense. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

(i) Financing of the Commission. —

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

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

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

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

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

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

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

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

(3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or wilful or wanton misconduct of that person.
24 Del. C. § 4004 — Delaware Code / Title 24 / Chapter 40 / Subchapter I / Section 4004
§ Â
        4004. Organization; meetings; officers; quorum.
Status: in_force

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

(b) The Council annually shall elect a chair and vice-chair. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms.

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

(d) Minutes of all meetings shall be recorded and the Division shall maintain copies. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
24 Del. C. § 5105 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5105
§ Â
        5105. Officers; meetings; quorum.
Status: in_force

(a) In the same month of each year the members shall elect, from among their number, a president, a vice-president and a secretary for 1 year. Each officer shall serve for 1 year, and may successively serve in the same office for 1 additional term. In the event that the president shall leave the Board, the vice-president shall become president and an election shall be held within 90 days of the president’s departure.

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

(c) A majority of members shall constitute a quorum for the purpose of transacting business. No action shall be taken without the affirmative vote of a majority of the quorum. No disciplinary action shall be taken without the affirmative vote of at least 7 members.

(d) Minutes of all meetings shall be recorded, and copies of the minutes shall be maintained by the Division of Professional Regulation. At any hearing where evidence is presented, such hearing shall be recorded by a court reporter and any stenographic transcript requested shall be at the expense of the party making the request.
24 Del. C. § 3801 — Delaware Code / Title 24 / Chapter 38 / Section 3801
§ Â
        3801. Statement of purpose.
Status: in_force

The intent of this chapter is to establish minimum standards of education, experience and examination for professional dietitians/nutritionists so that the public can readily identify those who meet these minimum standards. It is also the intent of this chapter to provide a licensure process for professional dietitians/nutritionists, a scope of practice for dietetic and nutrition therapy, and to establish “Licensed Dietitian/Nutritionist” as the state-recognized legal title for professional dietitians/nutritionists. It is also the intent of this chapter to assure consumers the right to choose from whom they receive information and advice. Recognition of these goals will protect the health of the public by broadening access to appropriate dietetic and nutrition therapy.
24 Del. C. § 3902 — Delaware Code / Title 24 / Chapter 39 / Section 3902
§ Â
        3902. Definitions.
Status: reserved

As used in this chapter:

(1) “Advanced practice” means the specialized professional application of social work theory, knowledge, methods, principles, values, and ethics, and the professional use of self to community and organizational systems, meaning systemic and macrocosm issues, and other indirect, nonclinical services. “Advanced practice” includes activities such as community organization and development; social planning and policy development; administration of social work policies, programs, and activities; outcome evaluation; client education; research; nonclinical supervision of employees; nonclinical consultation; nonclinical assessment and referral; mediation; expert testimony; and advocacy.

(2) “Another jurisdiction” means another state of the United States, the District of Columbia, a territory of the United States, or a country outside of the United States or its territories.

(3) “Applicant” means an individual seeking licensure under this chapter.

(4) “Baccalaureate social work” is the entry level of social work and means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. “Baccalaureate social work” is generalist practice.

(5) “Baccalaureate social worker” means an individual licensed to practice baccalaureate social work.

(6) “Board” means the Board of Social Work Examiners.

(7) “Case management” means a method to plan, provide, evaluate, and monitor services from a variety of resources on behalf of and in collaboration with a client.

(8) “Client” means an individual, couple, family, group, organization, or community that seeks or receives social work services from a social worker or an organization whether those services are free or for a fee.

(9) “Clinical supervisor” means a licensed clinical social worker who has met the qualifications as determined by the Board.

(10) “Consultation” means an advisory professional relationship between a social worker and other professionals, with the social worker ethically maintaining responsibility for all judgments and decisions regarding service to a client.

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

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

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

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

(12) “Counseling” means a method, in addition to psychotherapy, advocacy, research, and consultation, used by social workers to assist individuals, couples, families, and groups in learning how to solve problems and make decisions about personal, health, social, educational, vocational, financial, and other interpersonal concerns.

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

(14) “Excessive use or abuse of drugs” means the use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician or other professional licensed to prescribe, or the abuse of alcoholic beverages such that it impairs an individual’s ability to perform social work.

(15) “Generalist practice” means a professional problem process that includes engagement, assessment, treatment planning, intervention, and evaluation. Methods of generalist practice include case management, information and referral, counseling, consultation, education, advocacy, community organization, research, and the development, implementation, and administrations of policies, programs, or activities.

(16) “Good standing” means meeting the standards of § 3907(a) of this title.

(17) “Licensed clinical social work” means the specialty within the practice of master’s social work, that requires the application of specialized clinical knowledge and advanced clinical skills of social work theory, knowledge, methods, and ethics, as applied to a clinical, therapeutic relationship which may include the person-in-environment perspective, to the assessment, diagnosis, prevention, and treatment of biopsychosocial dysfunction, disability, and impairment, including mental and emotional disorders, developmental disabilities, and substance abuse. “Licensed clinical social work” includes the provision of individual, marital, couple, family and group counseling, and psychotherapy, as they are related to clinical, therapeutic relationship. “Licensed clinical social work” also includes private practice and supervision. “Licensed clinical social work” does not include the administration of psychological tests, which are reserved exclusively for use by licensed psychologists under Chapter 35 of this title.

(18) “Licensed clinical social worker” means an individual licensed to practice licensed clinical social work.

(19) “Licensee” means an individual licensed under this chapter.

(20) “Master’s social work” means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. “Master’s social work” is the application of generalist practice, specialized knowledge, and advanced practice skills.

(21) “Master’s social worker” means an individual licensed to practice master’s social work.

(22) “Person-in-environment perspective” means observing human behavior, development, and function in the context of the environment, social functioning, mental health, physical health, or any combination thereof.

(23) “Social work” means baccalaureate social work, master’s social work, and licensed clinical social work, collectively or, if context demands, individually.

(24) “Social worker” means baccalaureate social worker, master’s social worker, and licensed clinical social worker, collectively or, if context demands, individually.

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

(26) “Supervision” means the professional relationship between a clinical supervisor and a social worker that provides evaluation and direction over the services that the social worker provides and promotes continued development of the social worker’s knowledge, skills, and abilities to provide social work services in an ethical and competent manner.
24 Del. C. § 2814 — Delaware Code / Title 24 / Chapter 28 / Section 2814
§ Â
        2814. Bylaws of the Association.
Status: in_force

The Council shall prepare for approval by the membership the following bylaws related to the administrative and domestic duties of the Association:

(1) Prescribing procedures for the nomination of members of Council by a nominating committee and by the nomination by members;

(2) Prescribing procedures for the election of members of the Council;

(3) Prescribing procedures for the nomination and election of Council President, Vice-President, Secretary and Treasurer by the Council;

(4) Prescribing the duties of members of the Council and rules governing their conduct;

(5) Respecting the remuneration and reimbursement of members of the Council;

(6) Respecting the calling, holding and conducting of meetings of the Council and of the Association;

(7) Respecting the management of the property of the Association;

(8) Providing for the borrowing of money on the credit of the Association and the charging, mortgaging or pledging of the real or personal property of the Association to secure any money borrowed or other debt or other obligation or other liability of the Association;

(9) Respecting the receipt and disbursement of the funds of the Association and the investment of funds in a savings account which must be in a bank located within the State for the purpose of earning interest on the investment;

(10) Respecting the establishment of a reserve fund within a year of the initial election of Council for emergency or unforeseen expenses;

(11) Providing for an annual independent audit of the accounts of the Association;

(12) Providing for the appointment of committees of the Council and defining their composition, functions, remuneration and reimbursement;

(13) Providing for the closing of the roster and the registration of recorded changes of addresses or disciplines of the registrants for a period of 20 calendar days immediately preceding any meeting of the Association or any mailing of ballots for vote or election by the membership;

(14) For maintaining a system for the recording of registrants, their disciplines, their residence and business addresses and the counties in which they are resident, recording of the names and addresses of official representatives of engineering corporations and partnerships, and other pertinent data. The official roster of the Association shall be printed at least biannually and be available to the membership;

(15) Fixing and providing for the levying and collection or remitting of annual or other fees approved by the members in accordance with this chapter;

(16) Prescribing applications, certificates, and seals and providing for their issuance and use;

(17) Concerning bonding of officers of the Council and employees of the Association;

(18) Respecting all other things that are deemed necessary or convenient for the attainment of the objectives of the Association and the efficient conduct of its business.
24 Del. C. § 1201 — Delaware Code / Title 24 / Chapter 12 / Subchapter I / Section 1201
§ Â
        1201. Definitions [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

(a) “Compliance agent” means an individual employed by a licensed security alarm business with no physical presence within this State who serves in a management capacity within this State, and who ensures compliance of the security alarm business with the requirements of this chapter.

(b) “Department” means the Department of Safety and Homeland Security.

(c) “Director” means the officer in charge of the Professional Licensing Section of the Division.

(d) “Division” means the Division of the Delaware State Police.

(e) “Employee” means any person who performs services for wages or salary.

(f) “Licensee” means any person licensed to engage in the business of installing, servicing, selling, repairing, replacing, provision of monitoring or maintaining security alarm systems under this chapter.

(g) “Officer” means the president, vice president, secretary, treasurer, comptroller, partner, or owner.

(h) “Professional Licensing Section” means the Professional Licensing Section within the Division.

(i) “Security alarm business” means a partnership, corporation or other business entity engaged in the sales, installation, service, maintenance, repair, replacement or provision of monitoring services at a customer’s home or customer’s business. This term does not include a partnership, corporation or other business entity that is engaged in sales of security alarm systems in a retail store location, online or by telephone.

(j) “Security alarm system” means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond. This term does not include an alarm installed in a vehicle or on someone’s person.

(k) “Superintendent” means the Superintendent of the Division of the Delaware State Police or the Superintendent's designee.
24 Del. C. § 3006A — Delaware Code / Title 24 / Chapter 30A / Section 3006A
§ Â
        3006A. Active duty military personnel or their spouses.
Status: in_force

Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state, or through the process outlined in § 3005A of this title.
24 Del. C. § 2103 — Delaware Code / Title 24 / Chapter 21 / Section 2103
§ Â
        2103. Organization; meetings; officers; quorum.
Status: in_force

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

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

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

(d) Minutes of all meetings shall be recorded and copies shall be maintained by the Division of Professional Regulation. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
24 Del. C. § 5219 — Delaware Code / Title 24 / Chapter 52 / Subchapter II / Section 5219
§ Â
        5219. Hearing procedures.
Status: in_force

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 5216 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) All hearings shall be informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that action or actions constituting grounds for discipline have been proven, 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) If 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 whichever is greater. Stays shall be granted in accordance with § 10144 of Title 29.
24 Del. C. § 705 — Delaware Code / Title 24 / Chapter 7 / Section 705
§ Â
        705. Hearing; procedures.
Status: in_force

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation 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 the 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. A copy of the decision shall be mailed immediately to the complainant, and to the practitioner. The Board’s decision shall become effective on the thirtieth day after the date it is mailed or served on the practitioner.

(c) Where either the complainant or the practitioner is in disagreement with the action of the Board, either person 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 Board’s decision. Upon such appeal, the Court shall hear the evidence on the record, and any stay of the Board’s decision shall be granted according to the Administrative Procedures Act [Chapter 101 of Title 29].
24 Del. C. § 1212 — Delaware Code / Title 24 / Chapter 12 / Subchapter I / Section 1212
§ Â
        1212. Injunctions [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

Upon authority of the Superintendent, any person that has engaged in or is about to engage in any act or practice that constitutes a violation of any provision of this chapter or any promulgated rule or regulation, the Director may request the Attorney General to make an 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 Director that such person has engaged in any such act or practice, a permanent or temporary injunction, restraining order, or other order may be granted.
24 Del. C. § 1409 — Delaware Code / Title 24 / Chapter 14 / Subchapter II / Section 1409
§ Â
        1409. Reciprocity.
Status: in_force

(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant, who shall present proof of current licensure in “good standing” in another state, the District of Columbia or territory of the United States, whose standards for licensure are substantially similar to those of this State. A license in “good standing” is defined in § 1408(a)(9)-(12) of this title.

(b) An applicant, who is licensed in a state whose standards are not substantially similar to those of this State, shall have practiced for a minimum of 5 years after licensure; provided however, that the applicant meets all other qualifications for reciprocity in this section.
24 Del. C. § 2602 — Delaware Code / Title 24 / Chapter 26 / Section 2602
§ Â
        2602. Definitions.
Status: in_force

As used in this chapter, unless the content requires otherwise, the following words shall have the following meanings:

(1) “Athletic injury” is a musculoskeletal or other acute, nonmusculoskeletal sports-related injury resulting from or limiting participation in or training for scholastic, recreational, professional or sanctioned amateur athletic activities.

(2) “Athletic trainer” means a person who is licensed by the State Examining Board of Physical Therapists and Athletic Trainers, to practice “athletic training,” after meeting the requirements of this chapter and rules and regulations promulgated pursuant thereto.

(3) “Athletic training” means the prevention, evaluation, and treatment of athletic injuries by the utilization of therapeutic exercises and modalities such as heat, cold, light, air, water, sound, electricity, massage, and nonthrust mobilizations.

(4) “Board” means the State Examining Board of Physical Therapists and Athletic Trainers which shall administer and enforce this chapter.

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

(6) “Dry needling” means an intervention that uses a thin filiform needle to penetrate the skin and stimulate underlying muscular tissue, connective tissues and myofascial trigger points for the management of neuromusculoskeletal pain and movement impairments; is based upon Western medical concepts; and requires a physical therapy examination and diagnosis.

(7) “First aid” is emergency care and treatment of an injured person before definitive medical and surgical management can be secured. Such care may include the emergency administration of medications including asthma medications, anaphylaxis medications, and glucagon. Such administration may require advanced training as determined by the Board’s rules and regulations, to assure the licensee meets accepted standards of care.

(8) “Physical therapist” means a person who is licensed to practice physical therapy. “Physical therapist” and such words as “physiotherapist” are equivalent terms, and reference to any 1 of them in this chapter or otherwise shall include the others.

(9) “Physical therapist assistant” means a person who assists licensed physical therapists subject to this chapter and rules and regulations adopted pursuant thereto.

(10) a. “Practice of physical therapy” means:

1. Examining, evaluating, and testing patients/clients who have impairments of body structure or function, activity limitations or participation restrictions in physical movement and mobility, or other health and movement related conditions in order to determine a physical therapy diagnosis, prognosis, and plan of treatment intervention, and to assess the ongoing effects of intervention; and

2. Alleviating impairments of body structure or function, activity limitations or participation restrictions in physical movement and mobility by designing, implementing, and modifying treatment interventions that may include: therapeutic exercise, functional training related to physical movement and mobility in self-care and in home, community, or work integration or reintegration; gait and balance training; neurological re-education; vestibular training; manual, mechanical, and manipulative therapy, including soft tissue, musculoskeletal manipulation, and joint mobilization/manipulation; dry needling; therapeutic massage; the prescription, application, and, as appropriate, fabrication of assistive, adaptive, orthotic, prosthetic protective and supportive devices and equipment; airway clearance techniques; integumentary protection and repair techniques; nonsurgical debridement and wound care; evaluative and therapeutic physical agents or modalities; mechanical and electrotherapeutic modalities; and patient related instruction; and

3. Reducing the risk of impairments of body structure or function, activity limitations or participation restrictions in physical movement and mobility, including the promotion and maintenance of fitness, health, and wellness in populations of all ages; and

4. Engaging in administration, consultation, education, telehealth, and research.

b. Nothing in this chapter shall be construed to limit the practice of physical therapy by physical therapists as is currently being practiced or determined by the Board so long as such practice does not include surgery or the medical diagnosis of disease. Advanced services may require advanced training, as determined by the Board’s rules and regulations, to assure the licensee meets the accepted standard of care.

(11) “State” means 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 the practice of physical therapy or athletic training.

(13) “Telehealth,” as set forth in the Board’s rules and regulations, means the use of electronic communications to provide and deliver a host of health-related information and health-care services, including physical therapy and athletic training-related information and services, over large and small distances. Telehealth encompasses a variety of health care and health promotion activities, including education, advice, reminders, interventions, and monitoring of intervention.

(14) “Trigger points” are defined as hyperirritable spots in skeletal muscle that are associated with palpable nodules in taut bands of muscle fibers. They can give rise to local or referred pain, autonomic phenomenon, and can cause limitations in range of motion and muscle activation.

(15) “Visiting physical therapist or athletic trainer” means a physical therapist or athletic trainer who is licensed in another jurisdiction of the United States or credentialed to practice physical therapy or athletic training in another country and that person is teaching, demonstrating, or providing physical therapy or athletic training services in connection with teaching or participating in an educational seminar of no more than 60 days in a calendar year and abides by Delaware laws, rules, and regulations relating to physical therapy and athletic training.
24 Del. C. § 5116 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5116
§ Â
        5116. Hearing procedures.
Status: in_force

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging a violation of § 5113 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 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. A copy of the decision shall be mailed immediately to the practitioner.

(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court within 30 days of the day the notice of decision was mailed. Upon such appeal the Court shall hear the evidence on the record. Board action shall not be stayed upon appeal unless so ordered by the Superior Court.
24 Del. C. § 2806 — Delaware Code / Title 24 / Chapter 28 / Section 2806
§ Â
        2806. Membership.
Status: in_force

(a) All persons licensed as professional engineers on July 7, 1972, or hereafter licensed as professional engineers and who are residents of or are employed in or have a place of business within the State, and who subscribe to the code of ethics in accordance with § 2816 of this title, are members of the Association. Members shall be entitled to vote as provided by this chapter.

(b) All other persons licensed as professional engineers, and who subscribe to the code of ethics in accordance with § 2816 of this title, are associate members of the Association and shall not be entitled to vote.

(c) All persons certified as engineer interns within the State on July 7, 1972, or who are hereafter certified as engineer interns, and who subscribe to the code of ethics in accordance with § 2816 of this title, are affiliate members of the Association and shall not be entitled to vote. Affiliate members may use the title “Engineer”, “Engineer intern” or “E.I.”

(d) All persons meeting the definition of engineer, as set forth in § 2803(14) of this title, and who subscribe to the code of ethics in accordance with § 2816 of this title, who are residents or employed in or have a place of business in the State, are adjunct members of the Association and shall not be entitled to vote. Adjunct members may use the title “Engineer.”

(e) Fees. — (1) All fees for licensure, membership and renewals shall be in accordance with the bylaws, as approved by the members in accordance with this chapter.

(2) All fees required under the provisions of this section shall be nonreturnable and nontransferable.

(3) Reinstatement fees for professional engineers and holders of certificates of authorization shall be required for return from the inactive roster to the active roster. Reinstatement fees shall be established by bylaw and shall include any unpaid supplemental levies assessed prior to removal from the active roster.

(4) The Council may, whenever the Association has incurred an operating deficit, make a supplemental levy in order to eliminate such deficit. Each member, associate member and each holder of a certificate of authorization shall be assessed in direct proportion to their rate of annual renewal and the total amount assessed shall be the amount of the deficit. Fractional assessments shall be raised to the next highest even dollar amount. The amount assessed against any person pursuant to this paragraph shall not exceed the annual renewal fee paid by such person under this chapter. Such supplemental levy shall be a debt against those assessed and shall be billed only at the time when the annual renewal fees are billed and must be paid within 3 months. Those failing to pay within 3 months shall be declared ineligible to practice engineering in the State and shall be removed from the active roster. Reinstatement will not be allowed until the reinstatement fee has been paid in full.

(f) Expiration and renewals. — (1) Members, associate members, adjunct members, and holders of certificates of authorization shall be billed for renewal fees 60 days before expiration of the period for which fees have been paid. If fees are not paid by the expiration date, the member, associate member or holder of a certificate of authorization shall be declared ineligible to practice engineering in the State and shall be removed from the active roster.

(2) Any applicant, associate member, adjunct member, engineering corporation or partnership whose application is approved shall be billed for fees for the quarter-year in which approved and for any remaining full quarters in the Association’s licensure period.

(3) Any member, associate member, or holder of certificate of authorization on the active roster who intends to withdraw from the practice of engineering in the State shall notify the Secretary of the Council in writing. That name will then be removed from the active roster and be placed in an inactive status file. That name may be reinstated to active status by a request for reinstatement, in writing, within 4 years of that removal from the active roster, to the Secretary of the Council, by payment of a reinstatement fee and by compliance with and satisfaction of the current continuing professional competency guidelines and requirements. After the expiration of the 4-year period, reinstatement may be obtained only by reapplying for licensure pursuant to § 2817 of this title or for a certificate of authorization pursuant to § 2821 of this title. Any member, associate member or holder of a certificate of authorization in inactive status shall be ineligible to practice engineering in the State.

(4) Any member, associate member, or holder of a certificate of authorization who has not given notice of withdrawal and whose name has been removed from the active roster because of a delinquency in payment of fees, may be reinstated upon petition to the Council within 2 years of the removal from the active roster and by payment of the reinstatement fees plus any delinquency fees. After the expiration of the 2-year period, reinstatement may be obtained only by reapplying for licensure pursuant to § 2817 of this title or for a certificate of authorization pursuant to § 2821 of this title.

(g) Any member, associate member or adjunct member in good standing on the active roster who intends to retire from the practice of engineering in the State shall notify the Secretary of the Council in writing on a form provided to such member by Council at such member’s request. Following the filing of this form with the Secretary of Council, the member’s name will be removed from the active roster and placed in a retired status file. Retired members shall not be required to pay their biennial membership fee and shall be exempted from any continuing professional competency requirements. Any member, associate member or adjunct member in retired status shall be ineligible to practice engineering in the State, however, a retired member shall be entitled to utilize the term “P.E. (ret.)” in any signature and shall be entitled to vote provided they are residents of the State and subscribe to the code of ethics in accordance with § 2816 of this title. After being placed on the retired status file, the retired member may not apply for reinstatement.
24 Del. C. § 3915 — Delaware Code / Title 24 / Chapter 39 / Section 3915
§ Â
        3915. Grounds for discipline; procedure.
Status: in_force

(a) A licensee or former licensee is subject to disciplinary actions established in § 3916 of this title if, after a hearing, the Board finds that the licensee or former licensee has done any of the following:

(1) Employed or knowingly cooperated in fraud or material deception in order to be licensed as a social worker, impersonated licensee, allowed another individual to use the licensee’s or former licensee’s license, or aided or abetted an individual not licensed as a social worker to represent the individual as a social worker.

(2) Illegally, incompetently, or negligently practiced social work.

(3) Engaged within the previous 10 years or currently engages in the excessive use or abuse of drugs.

(4) Been convicted of a crime that is substantially related to the practice of social work.

(5) Violated a lawful provision of this chapter or any lawful regulation established under this chapter.

(6) Exceeded the scope of the licensee’s license, as the scope is defined in this chapter or any lawful regulation established under this chapter. For example, baccalaureate social work may be practiced only under supervision as provided by regulation. And, a master’s social worker must be supervised to provide clinical services as provided by regulation.

(7) Had the licensee’s license, certification, or registration as a social worker suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction, if the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record. Every licensee is deemed to have given consent to the social work board or other comparable agency in another jurisdiction to release this information and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses.

(8) Failed to notify the Board that the licensee’s license as a social worker in another jurisdiction 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 is conclusive evidence of the discipline, surrender, suspension, or revocation.

(9) Been convicted of a felony sexual offense.

(10) Failed to report child abuse or neglect as required by § 903 of Title 16, or any of its successors;

(11) Engaged in conversion therapy with a child;

(12) Referred a child to a provider in another jurisdiction to receive conversion therapy.

(b) If a licensee fails to comply with the Board’s request that the licensee attend a hearing, the Board may petition the Superior Court to order such attendance, and the Court has jurisdiction to issue such an order.

(c) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, the Board may not restrict, suspend, or revoke a license, or limit the licensee’s right to practice, until the licensee has been given notice and an opportunity to be heard in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.