24 Del. C. § 1106 — Delaware Code / Title 24 / Chapter 11 / Subchapter I / Section 1106
§ Â
        1106. Powers and duties of the Board.
Status: in_force

(a) The State Board of Dentistry and Dental Hygiene has the 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 [Chapter 101 of Title 29] of this State. Each rule or regulation shall implement or clarify a specific section of this chapter;

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

(3) Examine candidates for licensure subject to § 8735(d)(5) of Title 29;

a. Designate the written, standardized examination administered by the National Board of Dental Examiners to be taken by all persons applying for licensure;

b. Prepare and administer a practical examination in dentistry and dental hygiene;

c. Designate a written jurisprudence examination on the Delaware laws pertaining to dentistry to be taken by all persons applying for licensure;

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

(5) Evaluate the credentials of all persons applying for a license to practice dentistry and dental hygiene in order to determine whether such persons meet the qualifications for licensing set forth in this chapter;

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

(7) Establish by rule and regulation continuing education standards required for license renewal for dentists and dental hygienists;

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

(9) Refer all complaints from licensees and the public concerning licensed dentists and dental hygienists or concerning practices of the Board or of the profession to the Division of Professional Regulation 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;

(10) 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 the provisions of this chapter, this chapter shall govern. The Board shall determine whether or not a dentist or dental hygienist shall be subject to a disciplinary hearing and, if so, shall conduct such hearing in accordance with this chapter and the Administrative Procedures Act [Chapter 101 of Title 29];

(11) 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;

(12) Working in conjunction with the Board of Directors of the Delaware Institute of Dental Education and Research, develop programs to encourage and allow dentists to practice in under-served areas of the State, as designated by the Delaware Health Care Commission, in lieu of hospital-based residency training as a condition of licensure;

(13) Issue a volunteer license to an individual who is duly licensed as a dentist or dental hygienist in this State or to any individual who has ever been so licensed provided proof of continued competence is provided to the satisfaction of the Board. Such individuals shall certify on the license application that the individual will perform no dental or dental hygiene services for any direct compensation and that the individual volunteers that individual’s time exclusively in a nonprofit dental clinic or nonprofit dental service designated by the Delaware Health Care Commission and approved by the Delaware State Board of Dentistry and Dental Hygiene. A volunteer license shall be issued at no charge to a qualified individual approved by the Board. All other costs associated with meeting the requirements for such license will remain the responsibility of the applicant. The applicant for a volunteer license shall be responsible for completing the continuing education required for an active Delaware licensee by the Board and shall adhere to all standards of practice and supervision required of a Delaware licensed dentist or dental hygienist. Any dentist or dental hygienist having a volunteer license shall not practice dentistry or dental hygiene in this State in any setting other than in an approved nonprofit dental clinic or nonprofit dental service.

(14) Define 3 levels of supervision by rule and regulation.

(15) Establish by rule and regulation the requirement to and standards for permits that authorize dentists to administer anesthetic agents.

(16) Issue subpoenas requiring the production of and receive information regarding changes in hospital privileges as a result of disciplinary or other adverse action taken by a hospital, or regarding disciplinary or other adverse action taken by a dental society against any person certified under this chapter to practice dentistry or dental hygiene.

(17) Establish by rule and regulation the requirement to and standards for permits that authorize dental hygienists to administer local anesthesia under the direct supervision of a licensed dentist.

(b) The State Board of Dentistry and Dental Hygiene shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of dentistry and dental hygiene.
24 Del. C. § 2521 — Delaware Code / Title 24 / Chapter 25 / Subchapter II / Section 2521
§ Â
        2521. Impaired pharmacist [Effective until June 30, 2026].
Status: in_force

(a) An “impaired pharmacist” is a pharmacist whose use or abuse of drugs or alcohol affects that pharmacist’s ability to practice pharmacy. An impaired pharmacist may be eligible to enter an approved treatment program pursuant to an agreement with the Executive Secretary and the Board president.

(b) Disciplinary action will not be taken against a pharmacist who enters into and successfully completes an approved treatment program pursuant to subsection (a) of this section as long as a complaint has not been filed against the pharmacist and as long as the pharmacist has not been convicted of, or has not pleaded guilty or nolo contendere to a felony or a drug offense. Records related to a treatment program under this section are not public records, and may be used in a subsequent related disciplinary matter before the Board only if the pharmacist was, or could have been, disciplined.

(c) A pharmacist who does not qualify under subsection (b) of this section may, nevertheless, enter into an agreement with the Executive Secretary and the Board President to participate in an approved treatment program. Action on a disciplinary complaint may be deferred and ultimately dismissed if the pharmacist successfully completes the treatment program.

(d) An agreement pursuant to this section that permits an impaired pharmacist to enter into an approved treatment program must contain at least the following provisions:

(1) The pharmacist must agree not to engage in the practice of pharmacy for the duration of the treatment program.

(2) The pharmacist must sign a release so that records of treatment and progress are released to the Executive Secretary and the Board president.

(3) If the pharmacist does not make satisfactory progress in the program, the agreement is void and an investigation and disciplinary proceedings may be pursued.

(4) The pharmacist must agree to submit to random drug and alcohol screening at a specified laboratory or health care facility.

(5) The pharmacist must agree to be personally responsible for all cost related to the program.

(e) A pharmacist who successfully completes an approved treatment program may return to the practice of pharmacy if the Executive Secretary and the Board President determine that the pharmacist’s return to practice will not endanger the public health, safety, or welfare. The Executive Secretary and the President may require the pharmacist to agree to specific conditions of practice to protect the public.
24 Del. C. § 3514 — Delaware Code / Title 24 / Chapter 35 / Subchapter II / Section 3514
§ Â
        3514. Grounds for refusal, revocation or suspension of licenses and registrations.
Status: repealed

(a) A practitioner licensed or registered under this chapter shall be subject to disciplinary actions set forth in § 3516 of this title, if, after a hearing, the Board finds that the psychologist or psychological assistant:

(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a psychologist or registration as a psychological assistant; has impersonated another person holding a license or registration, or allowed another person to use the psychologist or psychological assistant license or registration, or aided or abetted a person not licensed as a psychologist or registered as a psychological assistant to represent that person as a psychologist or psychological assistant;

(2) a. Has been convicted of a crime that is substantially related to the practice of psychology; a copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor; however, if after consideration of the factors set forth in § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver to an initial applicant 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)(2). A waiver may not be granted for a conviction of a felony sexual offense.

b.-e. [Repealed.]

f. An applicant must submit, at the applicant’s expense, fingerprints and other necessary information in order to obtain 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 such information relating to that person.

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

An applicant may not be licensed until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction that is substantially related to the practice of psychology may not be licensed by the Board unless a waiver is granted pursuant to this chapter. The State Bureau of Identification may release any subsequent criminal history to the Board;

(3) Has excessively used or abused drugs (including alcohol, narcotics or chemicals);

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

(5) Has not conducted the practitioner’s professional activities in conformity with the Ethical Principles of Psychologists and Code of Conduct of the American Psychological Association (APA) (hereinafter referred to as the “Ethics Code”); and in conformity with the rules and regulations adopted by the Board to implement the Ethics Code;

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

(7) Has had a license, certification or registration as a psychologist suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a psychologist or person registered as a psychological assistant in this State shall be deemed to have given consent to the release of this information by the Board of Examiners of Psychologists or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;

(8) Has failed to notify the Board that the practitioner’s license, certification or registration as a psychologist or a psychological assistant in another state has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof;

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

(10) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, has been convicted of a felony sexual offense;

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

(12) Failed to report to the Division of Professional Regulation as required by § 3518A of this title;

(13) Has engaged in conversion therapy with a child; or

(14) Has referred a child to a provider in another jurisdiction to receive conversion therapy.

(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 said Court or any judge assigned thereto shall have the jurisdiction to issue such order.

(c) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, no license or registration shall be restricted, suspended or revoked by the Board, and no practitioner’s right to practice psychology or to act as a psychological assistant 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. § 2542 — Delaware Code / Title 24 / Chapter 25 / Subchapter V / Section 2542
§ Â
        2542. Renewal of permit [Effective until June 30, 2026].
Status: in_force

A permit to operate a pharmaceutical establishment must be renewed biennially in a manner determined by the Division, including the payment of the renewal fee established pursuant to § 2511 of this title.
24 Del. C. § 4413 — Delaware Code / Title 24 / Chapter 44 / Subchapter II / Section 4413
§ Â
        4413. The Manufactured Home Installation Board; appointments; composition; qualifications; term; succession; conflicts of interest; public inquiries.
Status: in_force

(a) The Board shall consist of 5 members, appointed by the Governor, who are residents of this State. These members shall consist of:

(1) Two manufactured home installers, licensed under this chapter.

(2) One manufactured home installation inspector, certified under this chapter.

(3) Two members of the public.

(b) Except as provided in subsection (c) of this section, each member shall serve a term of 3 years, and may succeed oneself; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed oneself for only 1 additional full term. Any person appointed to fill a vacancy on the Board, or to replace a member who has held over following the expiration of that member’s term of office, shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor. Any person appointed to replace a member who has held over following the expiration of that member’s term of office, shall serve a term of less than 3 years when necessary to ensure that Board members’ terms expire on a rotating annual basis.

(c) A person may be appointed to the Board for up to 2 consecutive terms and, if the person has been twice appointed to the Board or has served on the Board for 6 or more years within any 9-year period, that person shall again be eligible for appointment to the Board only after an interim period of at least 3 years has expired since such person last served.

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

(e) In addition to the criteria set forth in subsection (a) of this section:

(1) No member of the Board, while serving on the Board, shall hold elective office in any professional association of manufactured home installers, including but not limited to serving as the head of the professional association’s Political Action Committee (PAC);

(2) The public members shall be accessible to inquiries, comments, and suggestions from the general public; and

(3) No public member of the Board shall be, or ever have been:

a. A manufactured housing installer;

b. A member of the immediate family of a licensed manufactured housing installer;

c. Employed by a manufactured home installation company or contractor;

d. Materially interested in the providing of goods and services to manufactured home installers;

e. Engaged in an activity directly related to the manufactured home installation business.
24 Del. C. § 2613 — Delaware Code / Title 24 / Chapter 26 / Section 2613
§ Â
        2613. False representation of professional title.
Status: in_force

(a) It shall be unlawful for any person, or for any business entity, its employees, agents or representatives to use in connection with its name or business activity the words “physical therapy,” “physical therapist,” “physiotherapy,” “physiotherapist,” “aquatic therapist,” “hydrotherapist,” “registered physical therapist,” “licensed physical therapist,” “physical therapist assistant,” “athletic training,” “athletic trainer,” “trainer,” “certified athletic trainer,” “licensed athletic trainer,” the letters “PT,” “LPT,” “DPT,” “RPT,” “PTA,” “AT,” “LAT,” or any words, letters, abbreviations or insignia indicating or implying directly or indirectly physical therapy services or athletic training services or to bill for physical therapy or athletic training unless such services are provided by a physical therapist or athletic trainer licensed and practicing in accordance with this chapter.

(b) While rendering patient care as an employee of a hospital, clinic, group practice or multi-professional facility, or at a commercial establishment offering health services to the public, a person holding a license pursuant to this chapter shall wear an identification badge, lab coat, or other means of identification stating that person’s professional title.
24 Del. C. § 1799FF — Delaware Code / Title 24 / Chapter 17 / Subchapter XIII / Section 1799FF
§ Â
        1799FF. Definitions.
Status: in_force

As used in this subchapter:

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

(2) “Certified midwife” or “CM” means a practitioner who has received certification by the American Midwifery Certification Board or its equivalent or successor.

(3) “Certified professional midwife” or “CPM” means a practitioner who has received certification by the North American Registry of Midwives (NARM) or its equivalent or successor.

(4) “Client” means a woman under the care of a midwife and, when applicable in the context of care, the newborn.

(5) “Council” means the Midwifery Advisory Council.

(6) “Home birth” means a birth outside of a hospital or an otherwise accredited or licensed hospital or medical facility.

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

(8) “Midwife” means a person who practices midwifery.

(9) “Midwifery” means the practice of providing supervision, care, and advice to a client during prepartum, pregnancy, labor, and the postpartum periods, and conducting deliveries on the midwife’s own responsibility or in collaboration with a licensed physician, or licensed Delaware health-care delivery system. The licensed practice of midwifery includes taking certain safety measures and identifying the physical, social and emotional needs of the client. The practice of midwifery requires that level of education, experience, knowledge, and skill ordinarily expected of an individual who meets the requirements for licensure pursuant to this chapter. In order to practice midwifery in the State, a midwife must be licensed pursuant to this chapter. For the purposes of this chapter, “midwifery” does not include the practice of certified nurse midwives, as defined in Chapter 19 of this title, nor does it include the practice of a person licensed to practice medicine pursuant to this chapter.

(10) “Midwifery student” means a person who is enrolled in an accredited educational program and who may provide midwifery services as a part of that person’s educational program.

(11) “Practice of a certified midwife” means the management of women’s health care, pregnancy, childbirth, postpartum care for newborns, family planning, and gynecological services consistent with the Standards of Practice of the American College of Nurse-Midwives and the education, training, and experience of the certified midwife.

(12) “Practice of a certified professional midwife” means the provision of continuous care for women throughout the childbearing cycle which CPMs are qualified to provide. The CPM credential requires knowledge about and experience in out-of-hospital settings. The scope of practice of the licensed CPM is further derived from the North American Registry of Midwives Job Analysis, state laws and regulations, and individual practice guidelines developed according to acquired professional skills and knowledge.
24 Del. C. § 3920 — Delaware Code / Title 24 / Chapter 39 / Section 3920
§ Â
        3920. Telehealth and telemedicine.
Status: in_force

(a) Licensed clinical social work may be provided through the use of telemedicine as permitted by regulation, and may include participation in telehealth as further defined in this chapter and by regulation.

(b) Notwithstanding any other provision of law, insurers, social workers, and clients may agree to alternative siting arrangements other than the originating site, as they deem appropriate.
24 Del. C. § 1416 — Delaware Code / Title 24 / Chapter 14 / Subchapter II / Section 1416
§ Â
        1416. Reinstatement of a suspended license; removal from probationary status.
Status: repealed

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

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

(c) [Repealed.]
24 Del. C. § 6105 — Delaware Code / Title 24 / Chapter 61 / Section 6105
§ Â
        6105. Powers and duties.
Status: repealed

(a) The Board of Elevator Mechanics has the authority to perform the following:

(1) Formulate rules and regulations with proper notice to those affected. All rules and regulations must be promulgated in accordance with the procedures specified in the Administrative Procedures Act under 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, as approved by the Division and administered and graded by the testing service, to be taken by all persons applying for licensure.

(4) Evaluate the credentials of all individuals applying for a license in order to determine whether such individuals meet the qualifications for licensing set forth in this chapter.

(5) Grant licenses and renew licenses of all individuals who meet the qualifications for licensure.

(6) Establish rules and regulations concerning continuing education standards required for license renewal.

(7) Evaluate certified records to determine whether an applicant for licensure, who previously has been licensed, certified or registered in another jurisdiction as an elevator mechanic, 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.

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

(9) Conduct hearings and issue orders in compliance with the Administrative Procedures Act under Chapter 101 of Title 29.

(10) Require, if necessary, that a licensed elevator mechanic take over the work done by an unlicensed elevator mechanic, or if the work is completed, that the work be inspected by an inspection agency, within 5 working days after receipt of the Board’s request.

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

(b) [Repealed.]

(c) The Board shall promulgate regulations specifically identifying those crimes which are substantially related to the work of an elevator mechanic.
24 Del. C. § 1832 — Delaware Code / Title 24 / Chapter 18 / Subchapter IV / Section 1832
§ Â
        1832. Local regulation.
Status: in_force

Nothing in this chapter shall be construed to limit the ability of any county, municipality, or other governmental entity to adopt and enforce plumbing, HVACR, or fuel gas codes and regulations that are not in conflict with this chapter.
24 Del. C. § 3715 — Delaware Code / Title 24 / Chapter 37 / Subchapter II / Section 3715
§ Â
        3715. Grounds for discipline [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: in_force

(a) A practitioner licensed under this chapter is subject to disciplinary actions set forth in § 3716 of this title if after a hearing, the Board finds that the speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser has done any of the following:

(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser; has impersonated another person holding a license, or has allowed another person to use that practitioner’s license, or has aided or abetted a person not licensed as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser to be represented as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser.

(2) Has illegally, incompetently, or negligently practiced speech/language pathology, audiology, or hearing aid dispensing.

(3) Has been convicted of a crime that is substantially related to the practice of speech/language pathology, audiology, or the dispensing of hearing aids. A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence therefor.

(4) Has excessively used or abused drugs.

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

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

(7) Has had the practitioner’s license as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser in this State shall be deemed to have given consent to the release of this information by the Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses.

(8) Has failed to notify the Board that the practitioner’s license as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser 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 thereof.

(9) Has a physical condition such that the performance of speech/language pathology, audiology, or dispensing of hearing aids is or may be injurious or prejudicial to the public.

(b) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, no license may be restricted, suspended, or revoked by the Board, and no practitioner’s right to practice speech/language pathology, audiology, or dispense hearing aids may be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].
24 Del. C. § 2924 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2924
§ Â
        2924. Penalties.
Status: in_force

A person not currently licensed under this chapter when guilty of engaging in the practice of providing real estate services, or using in connection with that person’s name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the person is qualified to provide real estate services, such offender shall be guilty of a misdemeanor. Upon the first offense, that person shall be fined not less than $500 nor more than $5,000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 nor more than $10,000 for each offense. The Justices of the Peace shall have jurisdiction over all violations of this section.
24 Del. C. § 1179 — Delaware Code / Title 24 / Chapter 11 / Subchapter IV / Section 1179
§ Â
        1179. Penalty in absence of specific designation.
Status: in_force

Whoever violates any provision or law relating to the practice of dentistry or dental hygiene or the application for examination and licensing of dentists and registration of dental hygienists, for which no specific penalty has been prescribed, shall be fined not less than $500 nor more than $1,000.
24 Del. C. § 3011A — Delaware Code / Title 24 / Chapter 30A / Section 3011A
§ Â
        3011A. Rulemaking.
Status: in_force

(a) The Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force or effect.

(b) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

(c) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

(d) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

(e) Prior to promulgation and adoption of a final rule by the Commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:

(1) On the website of the Commission or other publicly accessible platform; and

(2) On the website of each member state professional counseling licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

(f) The notice of proposed rulemaking shall include:

(1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

(2) The text of the proposed rule or amendment and the reason for the proposed rule;

(3) A request for comments on the proposed rule from any interested person; and

(4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

(g) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

(h) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

(1) At least 25 persons;

(2) A state or federal governmental subdivision or agency; or

(3) An association having at least 25 members.

(i) (1) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.

(2) All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than 5 business days before the scheduled date of the hearing.

(3) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

(4) All hearings will be recorded. A copy of the recording will be made available on request.

(5) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

(j) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

(k) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

(l) The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

(m) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an “emergency rule” is 1 that must be adopted immediately in order to:

(1) Meet an imminent threat to public health, safety, or welfare;

(2) Prevent a loss of Commission or member state funds;

(3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

(4) Protect public health and safety.

(n) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
24 Del. C. § 2618 — Delaware Code / Title 24 / Chapter 26 / Section 2618
§ Â
        2618. Penalties and jurisdiction.
Status: in_force

(a) Where the Board has determined that a person is engaged in a practice regulated by this chapter without having lawfully obtained a license, or that a person previously licensed under this chapter is engaged in a practice regulated by this chapter notwithstanding that the person’s license has been suspended or revoked, the Board shall make complaint to the Attorney General and may issue a cease and desist order. The complaint and/or order shall include all evidence known to, or in the possession of the Board.

(b) Whoever violates this chapter or a cease and desist order issued by the Board shall be fined not less than $100 nor more than $1,000. Each day a violation continues shall constitute a separate offense.

(c) (1) Justices of the peace in the county in which the offense is alleged to have occurred shall have jurisdiction over any violation of this chapter.

(2) Any person convicted of any such offense before a Justice of the Peace may appeal to the Court of Common Pleas in the county in which the conviction was had upon giving bond in the sum of $200 to the State with surety satisfactory to such Justice, provided the appeal is taken and bond given within 7 days from the time of the conviction.

(d) A violation of this chapter shall be cause for revocation of any license issued thereunder, notwithstanding that the same violation may constitute a misdemeanor or felony.
24 Del. C. § 1802 — Delaware Code / Title 24 / Chapter 18 / Subchapter I / Section 1802
§ Â
        1802. Definitions.
Status: in_force

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

(1) “Board” means the State Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners.

(2) “Commercial hood system” means a system or ventilation for an exhaust in commercial establishments.

(3) “Cooling system” means a system in which heat is removed from air, surrounding surfaces, or both. A cooling system includes an air conditioning system.

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

(5) “Gas piping” means any arrangement of piping used to convey fuel gas, supplied by 1 meter, and each arrangement of gas piping serving a building, structure, or premises, whether individually metered or not. “Gas piping” does not include the installation of gas appliances where existing service connections are already installed, nor does the term include the installations, alterations, or maintenance of gas utilities owned by a public utility.

(6) “HVACR” means heating, ventilation, air conditioning, and refrigeration.

(7) “HVACR restricted services” means HVACR services that are limited to 1 of the following specialties:

a. Heating — forced air systems; ventilation; and gas piping; or

b. Heating — hydronic systems and gas piping; or

c. Commercial hood systems; or

d. Refrigeration; or

e. Air-conditioning; or

f. Gas piping.

(8) “HVACR services” means the design, installation, construction, maintenance, service, repair, alteration, or modification of a product or of equipment including gas piping in heating and air conditioning, refrigeration, ventilation, or process cooling or heating systems.

(9) “Hydronic system” means a heating and cooling system using liquids or steam to transmit or remove heat.

(10) “License” means a document issued by the Board of Plumbing, Heating, Ventilation, Air Conditioning and Refrigeration Examiners certifying that the holder has met the requirements of this chapter and is a master plumber, master HVACR licensee, or master HVACR restricted licensee.

(11) “Master HVACR licensee” means an individual holding a current license pursuant to this chapter to provide heating, ventilation, air conditioning, commercial hood systems, hydronic systems, refrigeration, and gas piping services pursuant to this chapter.

(12) “Master HVACR licensee restricted” means an individual holding a current license pursuant to this chapter to provide services pursuant to this chapter in 1 of the following areas:

a. Heating — forced air systems; ventilation; and gas piping; or

b. Heating — hydronic systems and gas piping; or

c. Commercial hood systems; or

d. Refrigeration; or

e. Air-conditioning; or

f. Gas piping.

(13) “Master plumber”, “licensed plumber”, or “licensed master plumber” means an individual holding a current license to provide plumbing services issued pursuant to this chapter.

(14) “Plumber” is an individual who provides plumbing services.

(15) “Plumbing services” means the design, installation, construction, replacement, service, repair, alteration, or modification of the pipes, fixtures, and other apparatus used for bringing the water supply into a building and removing liquid and water-carried wastes from a building. Plumbing services also includes the installation and connection of gas piping.

(16) “Refrigeration system” means a system used to cool a surface or area below 55 degrees Fahrenheit or 12.9 degrees Celsius.

(17) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the work of a master plumber, master HVACR licensee, or master HVACR licensee restricted.

(18) “Supervision” means control and oversight by a master licensee who is an owner or full-time employee of the entity providing services. A supervising master licensee is responsible and accountable for the work performed under the supervising master licensee’s license.

(19) “Ventilation system” means the natural or mechanical process of supplying air to, or removing air from, any space, whether the air is conditioned or not conditioned and at a rate of airflow of more than 250 cubic feet per minute.
24 Del. C. § 3300 — Delaware Code / Title 24 / Chapter 33 / Subchapter I / Section 3300
§ Â
        3300. Short title.
Status: in_force

This chapter shall be known as the “Delaware Veterinary Practice Act.”
24 Del. C. § 1215 — Delaware Code / Title 24 / Chapter 12 / Subchapter I / Section 1215
§ Â
        1215. Notification of arrest [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

Any individual licensed under this chapter shall notify the Director within 5 days, excluding weekends and state holidays, of any arrest which could result in a misdemeanor or felony conviction. Failure to do so may result in the suspension or revocation of a license.
24 Del. C. § 3807 — Delaware Code / Title 24 / Chapter 38 / Section 3807
§ Â
        3807. Reciprocity.
Status: in_force

Reciprocity will be provided for registered, certified or licensed dietitians or registered, certified or licensed nutritionists from other states provided that the standards for registration, certification and/or licensure in that state are reasonably equivalent to those set forth in § 3806 of this title. Reciprocity applicants must follow the rules and regulations for application established under § 3809 of this title.
24 Del. C. § 2905 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2905
§ Â
        2905. Records.
Status: in_force

The Division shall keep a register of all approved applications for licensure and complete records relating to meetings of the Commission, examinations, rosters, changes and additions to the Commission’s rules and regulations, complaints, hearings and such other matters as the Commission shall determine. Such records shall be prima facie evidence of the proceedings of the Commission.
24 Del. C. § 210 — Delaware Code / Title 24 / Chapter 2 / Section 210
§ Â
        210. Renewal; inactive status; reinstatement.
Status: repealed

(a) [Repealed.]

(b) Each license shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation. The Board shall in its rules and regulations, determine the period of time within which a practitioner may still renew a license, notwithstanding the fact that such practitioner has failed to renew on or before the renewal date; provided, however, that such period shall not exceed l year. The Board shall charge for each month or quarter during such “late renewal period” a late fee which, at the end of such “late period” will be twice the sum of the unpaid renewal fee. At the expiration of the period designated by the Board, the license shall be deemed to be lapsed and not renewable unless the former licensee reapplies under the same conditions which govern reciprocity; provided, however, that the former licensee shall also pay a reinstatement fee in an amount which is 3 times the amount of the reciprocity fee.

(c) Any licensee may, upon a written request, be placed in an inactive status. The renewal fee of such person shall be prorated in accordance with the amount of time such person was inactive. Such person may reenter practice upon notification to the Board of the intent to do so.

(d) A former licensee who has been penalized for the violation of a provision of this chapter, or whose license has been suspended or revoked, and who subsequently is permitted to apply for reinstatement shall apply for a new license, successfully complete the uniform national examination and shall pay all appropriate fees therefor.
24 Del. C. § 1774C — Delaware Code / Title 24 / Chapter 17 / Subchapter VI / Section 1774C
§ Â
        1774C. Procedure or action not prescribed.
Status: in_force

This subchapter governs the practice of physician assistants. If a procedure or action is not specifically prescribed in this subchapter, but is prescribed in the subchapters relating to the practice of medicine, and the procedure or action would be useful or necessary for the regulation of physician assistants, the Board or Council may, in its discretion, proceed in a manner prescribed for physicians in the practice of medicine.
24 Del. C. § 3305 — Delaware Code / Title 24 / Chapter 33 / Subchapter I / Section 3305
§ Â
        3305. Board of Veterinary Medicine â Officers; meetings; quorum.
Status: in_force

(a) In the same month of each year, the members shall elect, from among their number, a President and a Vice President. Each officer shall serve for 1 year and may successively serve in the same office for 1 additional year.

(b) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such other times as the President deems necessary; or at the request of a majority of Board members. Special or emergency meetings may be held without notice provided a quorum is present.

(c) A majority of members shall constitute a quorum; and no action shall be taken without the affirmative vote of at least 4 members. Any member who fails to attend 3 consecutive meetings, or who fails to attend at least 1/2 of all regular business meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office and a replacement shall be appointed.

(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. § 200 — Delaware Code / Title 24 / Chapter 2 / Section 200
§ Â
        200. Objectives of board.
Status: in_force

The primary objective of the Board of Landscape Architecture, to which all other objectives and purposes are secondary, is to protect the general public (specifically those persons who are direct recipients of services regulated by this chapter) from unsafe practices, and from occupational practices which tend to reduce competition or fix the price of services rendered. The secondary objectives of the Board are to maintain minimum standards of practitioner competency, and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence, shall monitor complaints brought against practitioners regulated by the Board, shall adjudicate at formal complaints hearings, shall promulgate rules and regulations, and shall impose sanctions where necessary against practitioners.
24 Del. C. § 1304 — Delaware Code / Title 24 / Chapter 13 / Section 1304
§ Â
        1304. Organization; meetings; officers; quorum; Executive Secretary.
Status: in_force

(a) The Chair of the Board shall be the Superintendent.

(b) The Board shall hold regularly scheduled meetings at least 4 times in a calendar year, at other times the Chair considers necessary, or at the request of a majority of the Board.

(c) The Director shall designate an Executive Secretary who will be responsible for the performance of the regular administrative functions of the Board and other duties the Board may direct.

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

(e) The Board shall prepare information of interest to consumers or recipients of services regulated, under this chapter, describing the Board’s procedures by which complaints are filed with and resolved by the Board. The Board shall make the information available to the general public and appropriate state agencies.
24 Del. C. § 1312 — Delaware Code / Title 24 / Chapter 13 / Section 1312
§ Â
        1312. License fee.
Status: in_force

Any person may be charged an application fee as set forth by the Board. The fee shall not exceed $600 per year.
24 Del. C. § 1313 — Delaware Code / Title 24 / Chapter 13 / Section 1313
§ Â
        1313. License and identification card requirements and submission of fingerprints.
Status: in_force

(a) No person shall act as a private investigator, private security guard or armored car guard or engage in the business of a private investigative agency, private security agency, or armored car agency without first obtaining a license or identification card from the Professional Licensing Section.

(b) No person shall be issued an identification card or license unless the individual and all officers submit to the State Bureau of Identification their name, social security number, age, race, sex, date of birth, height, weight, hair and eye color, address of legal residence and the other such information as may be necessary to obtain a report of the person’s entire state criminal record history and entire federal criminal history pursuant the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544.
24 Del. C. § 1927 — Delaware Code / Title 24 / Chapter 19 / Section 1927
§ Â
        1927. Prescription requirements.
Status: in_force

An APRN licensed by the Board may prescribe, order, procure, administer, store, dispense and furnish over the counter, legend and controlled substances pursuant to applicable state and federal laws and within the APRN’s role and population focus.

(1) Written, verbal or electronic prescriptions and orders shall comply with all applicable state and federal laws.

(2) All prescriptions shall be clearly written, clearly hand-printed, electronically printed, or typed and shall include, but not be limited to, the following information:

a. The name, title, address, phone number, and registration number of the prescriber;

b. Name of patient;

c. Date of prescription;

d. Full name of the drug, dosage, route, amount to be dispensed and directions for its use;

e. Number of refills;

f. Signature of prescriber on written prescription;

g. DEA number of the prescriber on all scheduled drugs.

(3) APRNs may receive, sign for, record and distribute samples to patients. Distribution of drug samples shall be in accordance with state law and federal Drug Enforcement Administration laws, regulations and guidelines.

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

a. By a veterinarian.

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

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

d. When the prescriber and dispenser are the same entity.

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

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

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

h. By a practitioner prescribing a drug under a research protocol.

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

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

(5) A pharmacist who receives a written, oral or faxed prescription is not required to verify that the prescription properly falls under 1 of the exceptions under paragraph (4) of this section, from the requirement to electronically prescribe. Pharmacists may continue to dispense medications from otherwise valid written, oral or fax prescriptions that are otherwise legal.
24 Del. C. § 2612C — Delaware Code / Title 24 / Chapter 26C / Section 2612C
§ Â
        2612C. Construction and severability.
Status: in_force

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
24 Del. C. § 2605C — Delaware Code / Title 24 / Chapter 26C / Section 2605C
§ Â
        2605C. Active duty military personnel or their spouses.
Status: in_force

A licensee who is active duty military or is the spouse of an individual who is active duty military may designate 1 of the following as the home state:

(1) Home of record.

(2) Permanent change of station ( “PCS” ).

(3) State of current residence if it is different than the PCS state or home of record.
24 Del. C. § 5124 — Delaware Code / Title 24 / Chapter 51 / Subchapter II / Section 5124
§ Â
        5124. Definitions.
Status: in_force

For the purpose of this subchapter:

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

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

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

c. Removal of superfluous hair.

d. Gives treatments to keep skin healthy and attractive.

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

(2) “Aesthetics shop” means any place or part thereof wherein aesthetics are performed for compensation, whether or not the establishment holds itself out as an aesthetic shop. This definition shall not apply to places where aesthetics are performed by licensed health care professionals acting within the scope of their licensed profession.

(3) “Apprentice in aesthetics” means any person who is engaged in the learning of any or all the practices of aesthetics from a practitioner licensed in the profession the apprentice is studying. The apprentice may perform or assist the licensed practitioner in any of the functions which the practitioner is certified to perform.

(4) “Board” means the Board of Cosmetology and Barbering.

(5) “School of aesthetics” shall mean any place or part thereof where aesthetics or any of the practices are taught, whether or not such place holds itself out as such.
24 Del. C. § 2813 — Delaware Code / Title 24 / Chapter 28 / Section 2813
§ Â
        2813. Immunity of Council and committees.
Status: in_force

(a) The Council and the members of any committees appointed by the Council are immune from any claim, suit, liability, damages, or any other recourse, civil or criminal, arising from any act, omission, proceeding, decision, or determination undertaken or performed, or from any recommendation made, so long as the Council or committee member acted in good faith and without gross negligence in carrying out the responsibilities, authority, duties, powers, and privileges conferred by law upon them, with good faith being presumed.

(b) The Attorney General’s office shall represent the Council, Council members, council officials, any committee created by Council or committee member, and at the express request of the Council, any person appointed or employed by the Council, in a civil action for damages arising from duties and services performed, or powers to be exercised, for the State. If the Attorney General’s office determines it would be improper or unlawful to undertake such representation, then representation of such parties should proceed in accordance with § 3925 of Title 10.
24 Del. C. § 3718 — Delaware Code / Title 24 / Chapter 37 / Subchapter II / Section 3718
§ Â
        3718. Reinstatement of a suspended license; removal from probationary status [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: repealed

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

(b) Where a license or registration has been suspended due to the licensee’s inability to practice pursuant to this chapter, the Board may reinstate such license if after a hearing, the Board is satisfied that the licensee is again able to perform the essential functions of a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser, with or without reasonable accommodations, and there is no longer a significant risk of substantial harm to the health and safety of the individual or others.

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

(d) [Repealed.]
24 Del. C. § 2707 — Delaware Code / Title 24 / Chapter 27 / Subchapter II / Section 2707
§ Â
        2707. License required.
Status: in_force

(a) No person shall engage in the practice of land surveying or hold himself or herself out to the public in this State as being qualified to practice land surveying 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 land surveying, unless such person has been duly licensed under this chapter.

(b) Whenever a license to practice as a land surveyor in this State has expired or been suspended or revoked, it shall be unlawful for the person to practice land surveying in this State.
24 Del. C. § 2545 — Delaware Code / Title 24 / Chapter 25 / Subchapter V / Section 2545
§ Â
        2545. Penalties [Effective until June 30, 2026].
Status: in_force

(a) The Board may suspend or revoke a permit to operate a pharmaceutical establishment if the permit holder violates federal law or any state’s law, any of the conditions of the permit, or any of the rules or regulations adopted by the Board relating to the operation of a pharmaceutical establishment. The Board may impose an administrative penalty of not more than $50 for each day a violation occurs and/or continues to occur.

(b) A person who commits the offense of operating a pharmaceutical establishment without a permit may be fined not more than $50 for each day that the offense occurs and/or continues to occur.
24 Del. C. § 1762 — Delaware Code / Title 24 / Chapter 17 / Subchapter V / Section 1762
§ Â
        1762. Reports of treatment of certain wounds, injuries, poisonings, or other conditions; failure to report; penalty.
Status: in_force

(a) Every person certified to practice medicine who attends to or treats a stab wound; poisoning by other than accidental means; or a bullet wound, gunshot wound, powder burn, or other injury or condition arising from or caused by the discharge of a gun, pistol, or other firearm, or when such injury or condition is treated in a hospital, sanitarium, or other institution, the person, manager, superintendent, or other individual in charge shall report the injury or condition as soon as possible to the appropriate police authority where the attending or treating person was located at the time of treatment or where the hospital, sanitarium, or institution is located. This section does not apply to wounds, burns, poisonings, or injuries or conditions received by a member of the armed forces of the United States or the State while engaged in the actual performance of duty. A person who fails to make a report required by this section shall be fined not less than $100 nor more than $2,500.

(b) A person certified to practice medicine or other individual who makes a report pursuant to this section is immune from liability for the report, provided that the person or other individual acted in good faith and without gross or wanton negligence.
24 Del. C. § 3008 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3008
§ Â
        3008. Issuance and renewal of licenses.
Status: in_force

(a) The Board shall issue a license to an applicant who meets the requirements of this chapter for licensure and who pays the fee established by the Board.

(b) A license must be renewed biennially, in such manner as is determined by the Division and upon payment of a renewal 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. In addition each licensee shall submit proof of membership in good standing as of the date of licensure in a national certifying organization acceptable to the Board.

(c) A licensee who fails to renew a license on or before the renewal date shall be granted 1 year to renew the license. The Division shall set a fee for late renewal. An individual who fails to renew a license before the expiration of the 1-year period must reapply as a new applicant, pay a fee set by the Division, and submit proof of fulfillment of continuing education requirements and proof of membership in a national certifying organization acceptable to the Board.

(d) A person licensed pursuant to this chapter, upon written request, may be placed on an inactive register. Provisions for resuming active status shall be established by the Board.

(e) It is the responsibility of a licensee to keep the Division informed of a change of address. Renewal applications will be sent to the last address on file with the Division.
24 Del. C. § 5301 — Delaware Code / Title 24 / Chapter 53 / Subchapter I / Section 5301
§ Â
        5301. Objectives.
Status: in_force

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

The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners, both licensed or certified, or formerly licensed or certified.
24 Del. C. § 2534 — Delaware Code / Title 24 / Chapter 25 / Subchapter IV / Section 2534
§ Â
        2534. Inspections [Effective until June 30, 2026].
Status: in_force

(a) An agent of the Board may enter and inspect during business hours any pharmacy or other place in this State where drugs are manufactured, packed, packaged, stocked, distributed, dispensed, or offered for sale.

(b) An agent of the Board acting pursuant to subsection (a) of this section: may inspect and copy records required by this chapter to be kept; may inspect within reasonable limits and in a reasonable manner the premises and all pertinent equipment, finished and unfinished materials, containers, and labeling found therein; may inspect other things therein, including records, files, papers, processes, controls, and facilities relating to a violation of this chapter; and may make an inventory of the stock of drugs therein and obtain samples of drugs and other substances.

(c) All information gathered under this section is to be kept confidential in accordance with all federal and state laws governing privacy.
24 Del. C. § 1914 — Delaware Code / Title 24 / Chapter 19 / Section 1914
§ Â
        1914. Qualifications for licensed practical nurse.
Status: repealed

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

(1) Is a graduate of and holds a certificate from a State Board of Nursing approved practical nursing education program. The Board may, by an affirmative vote of a majority of a quorum of the Board, waive this requirement for application for licensure by endorsement if it finds clear and convincing evidence that the applicant’s education, training, experience, and conduct have been sufficient to overcome the deficiency in meeting this requirement;

(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, after a hearing or review of documentation, the Board, by an affirmative vote of a majority of the quorum, shall waive § 1922(a)(2) of this title if, after considering the factors set forth in § 8735(x)(3) of Title 29, that the granting of a waiver would not create an unreasonable risk to public safety. A waiver may not be granted for a conviction of a felony sexual offense and a felony sexual offense shall be considered by the Board notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29;

a.-e. [Repealed.]

(6) If seeking licensure by endorsement, demonstrates active employment in practical nursing in the past 5 years, or satisfactory completion of a practical 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 practical nursing; and

(7) Has passed the standard national examination for practical nursing. The National Council of State Boards of Nursing shall establish the passing score.
24 Del. C. § 5501 — Delaware Code / Title 24 / Chapter 55 / Section 5501
§ Â
        5501. Purpose.
Status: in_force

The Delaware General Assembly declares that it is in the best interest of the citizens of Delaware to require licensure of bail enforcement agents and their agents and employees to prevent unqualified individuals from endangering the public. Therefore, the purpose of this chapter is to promote, preserve and protect the public health, safety and welfare by regulating fugitive recovery. This chapter shall be liberally construed to accomplish this purpose.
24 Del. C. § 2812 — Delaware Code / Title 24 / Chapter 28 / Section 2812
§ Â
        2812. Administration.
Status: in_force

The Council may appoint or employ such administrative officials as it deems fit.
24 Del. C. § 3506 — Delaware Code / Title 24 / Chapter 35 / Subchapter I / Section 3506
§ Â
        3506. Powers and duties.
Status: in_force

(a) The Board of Examiners of Psychologists 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 [Chapter 101 of Title 29] of this State. Each rule or regulation shall implement or clarify a specific section of this chapter;

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

(3) Designate the written, standardized Examination for Professional Practice in Psychology (EPPP) to be taken by all persons applying for licensure; applicants who qualify for licensure by reciprocity shall have achieved a passing score on the EPPP;

(4) Provide for the administration of all examinations, including notice and information to applicants. The Board shall adopt the administration, grading procedures and passing score of the Association of State and Provincial Psychology Boards (ASPPB), or of a comparable alternative national or regional examination, if a national examination is not available;

(5) Establish minimum education, training and experience requirements for licensure as psychologists and for registration as psychological assistants;

(6) Evaluate the credentials of all persons applying for a license to practice psychology in Delaware and persons for whom registration as a psychological assistant is requested, in order to determine whether such persons meet the qualifications for licensing or registration set forth in this chapter;

(7) Grant licenses to, and renew licenses and registrations of, all persons who meet the qualifications for licensure and/or renewal of licenses; and register persons who meet the qualifications to act as psychological assistants under the direct supervision of a licensed psychologist;

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

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

(10) Refer all complaints from licensees and the public concerning licensed psychologists and registered psychological assistants, or concerning practices of the Board or of the profession, to the Division of Professional Regulation for investigation pursuant to § 8735(h) of Title 29; and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint;

(11) Conduct hearings and issue orders in accordance with procedures established pursuant to this chapter, Chapter 101 of Title 29, and § 8735(h) of Title 29. Where such provisions conflict with the provisions of this chapter, this chapter shall govern. The Board shall determine whether or not a psychologist shall be subject to a disciplinary hearing, and if so, shall conduct such hearing in accordance with this chapter and the Administrative Procedures Act [Chapter 101 of Title 29];

(12) 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;

(13) Suspend or revoke a supervising psychologist’s authorization to supervise a psychological assistant; and to otherwise discipline a supervising psychologist whenever a psychological assistant is in violation of this chapter or guilty of any of the acts or offenses that are grounds for disciplinary action under this chapter;

(14) Determine the number of psychological assistants that a supervising psychologist may supervise, and the requirements of their supervision.

(b) The Board of Examiners of Psychologists shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of psychology.
24 Del. C. § 1607 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1607
§ Â
        1607. License fee; term.
Status: in_force

(a) No license for the operation of an adult-oriented retail business under this chapter, or renewal thereof, shall be issued unless the applicant shall have paid the nonrefundable application fee as provided in § 1613 of this title.

(b) No license for the operation of any adult entertainment establishment under this chapter, nor renewal thereof, shall be issued unless the applicant shall have paid the nonrefundable application fee as provided in § 1613 of this title.

(c) Nothing in this chapter, however, shall be construed to affect or impair in any manner the requirements of Title 30.

(d) Each license granted pursuant to this chapter shall be for a period of 1 year and may only be renewed by making a new application in the manner provided in this chapter.
24 Del. C. § 1789B — Delaware Code / Title 24 / Chapter 17 / Subchapter VIII / Section 1789B
§ Â
        1789B. Civil damages available.
Status: in_force

Failure to give notice pursuant to the requirements of this subchapter is prima facie evidence of interference with family relations in appropriate civil actions. The law of this State shall not be construed to preclude the award of punitive damages in any civil action relevant to violations of this subchapter. Nothing in this subchapter shall be construed to limit the common law rights of parents.
24 Del. C. § 1104 — Delaware Code / Title 24 / Chapter 11 / Subchapter I / Section 1104
§ Â
        1104. Records.
Status: in_force

The Division of Professional Regulation shall keep a register of all approved applications for license as a dentist or a dental hygienist 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. § 1799DD — Delaware Code / Title 24 / Chapter 17 / Subchapter XII / Section 1799DD
§ Â
        1799DD. Procedure or action not described.
Status: in_force

This subchapter governs the practice of polysomnography. If a procedure or action is not specifically prescribed in the subchapter, but is prescribed in the subchapters relating to the practice of medicine, and the procedure or action would be useful or necessary for the regulation of polysomnographic practitioners, the Board may, in its discretion, proceed in a manner prescribed for physicians in the practice of medicine.
24 Del. C. § 1903 — Delaware Code / Title 24 / Chapter 19 / Section 1903
§ Â
        1903. Delaware Board of Nursing â Appointments; qualifications; terms of office; vacancies; suspension or removal.
Status: in_force

(a) The Delaware Board of Nursing (hereafter referred to as the Board) shall consist of 15 members. The term of office of every member appointed to the Board, except those appointed to fill vacancies occurring during any term of office, is 3 years. The Board shall be composed of 5 registered nurses, 1 licensed practical nurse, 1 nurse at-large which shall be either a registered nurse or licensed practical nurse, 2 advanced practice registered nurses representing different practice roles, 1 registered nurse educator, and 5 public members.

Registered nurse appointees shall have a diploma or an earned degree in nursing, nursing education or education, and at least 3 years’ active practice as a registered nurse in nursing service, administration or teaching.

Each practical nurse appointee shall be a licensed practical nurse, who is a graduate of an approved school of practical nursing, with at least 3 years’ active practice as a practical nurse.

The public members shall be residents of Delaware for a minimum of 3 years, shall be knowledgeable about the health needs of Delaware, but shall not be licensees of any health occupation board, employees of a health-care occupational board, employees of a health-care facility or agency, or engaged in governance or administration of a health-care facility or agency.

(b) The nursing experience referred to in this section shall have been within the last 5 years preceding appointment and said appointee must be currently licensed in Delaware.

(c) The Governor shall appoint all members to the Board of Nursing.

(d) Sixty days prior to the expiration of the term of any member of the Board, a successor shall be appointed by the Governor. A list of at least 3 nominees for each registered nurse vacancy may be furnished to the Governor by the Delaware Nurses’ Association and other professional organizations in order to aid the Governor in the appointment of new members of the Board. A list of at least 3 nominees for each licensed practical nurse vacancy may be furnished to the Governor by the Delaware Licensed Practical Nurses’ Association and others in the practical nursing community in order to aid the Governor in the appointment of new members of the Board. The Governor shall not be limited to the recommendations of the professional organizations in making appointments of registered or practical nurses to the Board. The Governor shall seek nominees from the consumer population for the public members appointees. Vacancies occurring for any cause other than expiration of term shall be filled by the Governor for the unexpired term as provided in this subsection.

(e) At least 1 of the professional nurse members of the Board shall be a resident of New Castle County, 1 a resident of Kent County and 1 a resident of Sussex County. Licensed practical nurse members shall be representatives of at least 2 counties simultaneously. If there is no qualified person available in the geographical subdivision, then appointments shall be made from qualified persons available in any of the other geographical subdivisions.

(f) Each member shall serve for a term of 3 years, and may successively serve for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may successively serve for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member.

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

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

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

(j) No member of the Board shall hold any elective office in, nor be a representative of, any local, state, regional or national nursing association.

(k) The provisions set forth for “employees” in Chapter 58 of Title 29 shall apply to all members of the Board, and to all agents appointed or otherwise employed by the Board.
24 Del. C. § 1132A — Delaware Code / Title 24 / Chapter 11 / Subchapter II / Section 1132A
§ Â
        1132A. Academic license â Director or chairperson of a hospital dental or hospital oral and maxillofacial surgery residency program.
Status: in_force

(a) On completion of an application approved by the Board and payment of a fee established by the Division, in accordance with § 1125 of this title, the Board may issue an academic license to an applicant for licensure as a dentist who has fulfilled the following requirements:

(1) Meets the requirements of § 1122(a)(1), (2), and (3) of this title.

(2) Presents proof of current licensure in “good standing” in another state, the District of Columbia, or territory of the United States.

(3) The applicant furnishes proof satisfactory to the Board that the applicant is “Board Certified” or is “Board Eligible” in general dentistry or in a specialty of dentistry.

(4) The applicant furnishes proof satisfactory to the Board that the applicant has been appointed a full-time director, chairperson, or an attending faculty member of a hospital based dental, oral and maxillofacial surgery, or other dental specialty residency program of a hospital system that is based in Delaware and that is accredited by, is establishing, or has received Initial Accreditation by the Commission on Dental Accreditation of the American Dental Association (CODA) for the purposes of teaching.

(b) The academic license shall entitle the applicant to practice dentistry or oral and maxillofacial surgery only in the institution designated on the license and on bona fide patients in an academic setting for teaching purposes.

(c) The applicant for this academic license shall comply with the provisions of § 1122(a)(1)-(3), (c)(1)-(7) and (d) of this title.

(d) The holder of an academic license shall be bound by all other applicable provisions of this chapter.

(e) The academic license shall be renewed biennially.

(f) If the applicant was in the process of acquiring a “Board Certification” or “Board Eligible” when the academic license was granted, the applicant must obtain full “Board Certification” in general dentistry or in a specialty of dentistry within 5 years. If this “Board Certification” is not obtained then the Board shall not approve renewal of this academic license.

(g) If the applicant is an appointee to a hospital-based dental or specialty residency program undergoing initial CODA accreditation, the program must complete full accreditation within 2 years. If the program does not have CODA accreditation after 2 years, the Board may approve an extension of the academic license after review of program status.

(h) An individual who received an academic license under this section before June 19, 2014, may retain the academic license if the license remains in good standing and is renewed consecutively.

(i) This academic license will become a full license immediately once the dentist fulfills the requirements of § 1122(a)(4) of this title.

(j) The Board shall promulgate rules regarding issuance of these academic licenses to ensure adequate numbers of educational faculty for resident training and to maintain CODA accreditation as interpreted by the Board.
24 Del. C. § 3509A — Delaware Code / Title 24 / Chapter 35A / Section 3509A
§ Â
        3509A. Establishment of the Psychology Interjurisdictional Compact Commission.
Status: in_force

(a) The compact states hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission.

(1) The Commission is a body politic and 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) The Commission shall consist of 1 voting representative appointed by each compact state who shall serve as that state’s Commissioner. The state psychology regulatory authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state. This delegate shall be limited to the following individuals:

a. Executive director, executive secretary or similar executive.

b. Current member of the state psychology regulatory authority of a compact state.

c. Designee empowered with the appropriate delegate authority to act on behalf of the compact state.

(2) Any Commissioner may be removed or suspended from office as provided by the law of the state from which the Commissioner is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the compact state in which the vacancy exists.

(3) Each Commissioner 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. A Commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for Commissioners’ participation in meetings by telephone or other means of communication.

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

(5) 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 § 3510A of this title.

(6) The Commission may convene in a closed, non-public meeting if the Commission must discuss any of the following:

a. Non-compliance of a compact state with its obligations under the Compact.

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

c. Current, threatened, or reasonably anticipated litigation against the Commission.

d. Negotiation of contracts for the purchase or sale of goods, services or real estate.

e. Accusation against any person of a crime or formally censuring any person.

f. Disclosure of trade secrets or commercial or financial information which is privileged or confidential.

g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

h. Disclosure of investigatory records compiled for law-enforcement purposes.

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

j. Matters specifically exempted from disclosure by federal and state statute.

(7) 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. The Commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.

(c) The Commission shall, by a majority vote of the Commissioners, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the Compact, including but not limited to:

(1) Establishing the fiscal year of the Commission.

(2) Providing reasonable standards and procedures for both of the following:

a. The establishment and meetings of other committees.

b. Governing any general or specific delegation of any authority or function of the Commission.

(3) Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals of such proceedings, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the Commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each Commissioner with no proxy votes allowed.

(4) Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission.

(5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the Commission.

(6) Promulgating a code of ethics to address permissible and prohibited activities of Commission members and employees.

(7) Providing a mechanism for concluding the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and/or reserving of all of its debts and obligations.

(8) The Commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the compact states.

(9) The Commission shall maintain its financial records in accordance with the bylaws.

(10) The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws.

(d) The Commission shall have the following powers:

(1) The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rule shall have the force and effect of law and shall be binding in all compact states.

(2) To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected.

(3) To purchase and maintain insurance and bonds.

(4) To borrow, accept or contract for services of personnel, including employees of a compact state.

(5) To hire employees, elect or appoint officers, fix compensation, define duties, grant such 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.

(6) To 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 strive to avoid any appearance of impropriety or conflict of interest.

(7) To 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 strive to avoid any appearance of impropriety.

(8) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal or mixed.

(9) To establish a budget and make expenditures.

(10) To borrow money.

(11) To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws.

(12) To provide and receive information from, and to cooperate with, law-enforcement agencies.

(13) To adopt and use an official seal.

(14) To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice and telepsychology practice.

(e) The elected officers shall serve as the Executive Board, which shall have the power to act on behalf of the Commission according to the terms of this Compact.

(1) The Executive Board shall be comprised of 6 members:

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

b. One ex-officio, nonvoting member from the recognized membership organization composed of state and provincial psychology regulatory authorities.

(2) The ex-officio member must have served as staff or member on a state psychology regulatory authority and will be selected by its respective organization.

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

(4) The Executive Board shall meet at least annually.

(5) The Executive Board shall have all of 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 States such as annual dues, and any other applicable fees.

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.

(f) 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 compact 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 compact states.

(4) 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 compact states, except by and with the authority of the compact state.

(5) 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.

(g) 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 shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful 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 his or her own counsel; and provided further, that the actual or alleged act, error or omission did not result from that person’s intentional or willful 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 such 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 willful or wanton misconduct of that person.
24 Del. C. § 1774E — Delaware Code / Title 24 / Chapter 17 / Subchapter VI / Section 1774E
§ Â
        1774E. Participation in charitable and voluntary care.
Status: in_force

A physician assistant licensed in this State, or licensed or authorized to practice in any other U.S. jurisdiction, or who is credentialed by a federal employer or meets the licensure requirements of their requisite federal agency as a physician assistant may volunteer to render such medical care the physician assistant is able to provide at public or community events and facilities without a collaborating physician as defined in this chapter or with such collaborating physicians as may be available. Such medical care must be rendered without compensation or remuneration.
24 Del. C. § 3517 — Delaware Code / Title 24 / Chapter 35 / Subchapter II / Section 3517
§ Â
        3517. Hearing procedures.
Status: in_force

(a) If a complaint is filed with the Board pursuant to § 8735(h) of Title 29, alleging violation of § 3514 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

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

(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
24 Del. C. § 1707B — Delaware Code / Title 24 / Chapter 17B / Section 1707B
§ Â
        1707B. Adverse actions.
Status: in_force

(a) A participating state in which a licensee is licensed shall have exclusive power to impose adverse action against the qualifying license issued by that participating state.

(b) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to do all of the following:

(1) Take adverse action against a physician assistant’s compact privilege within that state to remove a licensee’s compact privilege or take other action necessary under applicable law to protect the health and safety of its citizens.

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

(3) Notwithstanding paragraph (b)(2) of this section, subpoenas may not be issued by a participating state to gather evidence of conduct in another state that is lawful in that other state for the purpose of taking adverse action against a licensee’s compact privilege or application for a compact privilege in that participating state.

(4) Nothing in this Compact authorizes a participating state to impose discipline against a physician assistant’s compact privilege or to deny an application for a compact privilege in that participating state for the individual’s otherwise lawful practice in another state.

(c) For purposes of taking adverse action, the participating state which issued the qualifying license shall give the same priority and effect to reported conduct received from any other participating state as it would if the conduct had occurred within the participating state which issued the qualifying license. In so doing, that participating state shall apply its own state laws to determine appropriate action.

(d) A participating state, if otherwise permitted by state law, may recover from the affected physician assistant the costs of investigations and disposition of cases resulting from any adverse action taken against that physician assistant.

(e) A participating state may take adverse action based on the factual findings of a remote state, provided that the participating state follows its own procedures for taking the adverse action.

(f) Joint investigations: —

(1) In addition to the authority granted to a participating state by its respective state physician assistant laws and regulations or other applicable state law, any participating state may participate with other participating states in joint investigations of licensees.

(2) Participating states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this Compact.

(g) If an adverse action is taken against a physician assistant’s qualifying license, the physician assistant’s compact privilege in all remote states shall be deactivated until 2 years have elapsed after all restrictions have been removed from the state license. All disciplinary orders by the participating state which issued the qualifying license that impose adverse action against a physician assistant’s license shall include a statement that the physician assistant’s compact privilege is deactivated in all participating states during the pendency of the order.

(h) If any participating state takes adverse action, it promptly shall notify the administrator of the data system.
24 Del. C. § 2113 — Delaware Code / Title 24 / Chapter 21 / Section 2113
§ Â
        2113. Grounds for refusal, revocation or suspension of licenses.
Status: repealed

(a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 2115 of this title if, after a hearing, the Board finds that the optometrist has:

(1) Practiced in a merchandising store;

(2) Practiced in an office not exclusively devoted to the practice of optometry or other health care profession, where material or merchandise is displayed pertaining to a business or commercial undertaking not bearing any relation to the practice of optometry or other health care profession or practicing in a store or office which does not conform to that used by the majority of professional optometrists in the area;

(3) Continued in the employ of, or acted as an assistant to, any person, firm or corporation, either directly or indirectly, after the optometrist has knowledge that such person, firm or corporation is violating the laws of Delaware concerning the practice of optometry;

(4) Solicited in person or through an agent or agents for the purpose of selling ophthalmic materials or optometric services which involves any form of kickback arrangement or where financial remuneration or payment in kind is made to a nonpractitioner to induce referral business from that nonpractitioner;

(5) Caused or permitted the use of that optometrist’s name, profession or professional title by or in conjunction with any association, company, corporation or unlicensed person in any advertising of any manner, unless in conjunction with a vision service plan approved by the Board;

(6) Practiced for or in conjunction with, either directly or indirectly, a corporation or company, except that allowed under Chapter 6 of Title 8; provided, that the foregoing shall not prevent a person licensed pursuant to this chapter from rendering optometric services at a nonprofit clinic which is operated by a corporation or company that is affiliated with a hospital licensed by the Department of Health and Social Services and accredited by the Joint Commission on Accreditation of Health Organizations (JCAH) or the American Osteopathic Association;

(7) Employed or knowingly cooperated in fraud or material deception in order to acquire a license as an optometrist; has impersonated another person holding a license or allowed another person to use that optometrist’s license; or aided or abetted a person not licensed as an optometrist to represent oneself as an optometrist;

(8) Been convicted of a crime that is substantially related to the practice of optometry. “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 optometry. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor; however, after a hearing or review of documentation and consideration of the factors set forth in § 8735(x)(3) of Title 29, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (a)(8) if it finds that granting a waiver would not create an unreasonable risk to public safety;

a.-d. [Repealed.]

(9) Excessively used or abused drugs (including alcohol, narcotics or chemicals);

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

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

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

(13) Engaged in illegal, negligent or unethical conduct in the practice of optometry; or

(14) Violated any provision of this chapter or any rule or regulation of the Board.

(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 said Court or any judge assigned thereto shall have the jurisdiction to issue such order.

(c) Subject to this chapter and Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board and no practitioner’s right to practice optometry shall be limited by the Board until such practitioner has been given notice and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].
24 Del. C. § 1609 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1609
§ Â
        1609. Form and content of license.
Status: in_force

(a) Every license issued under this chapter shall be signed by the signature or by the facsimile signature of the Chairperson of the Commission, shall bear in bold letters the date of issuance and termination and shall state the name and address of the licensee.

(b) Every license for the operation of an adult entertainment establishment shall describe the nature of the business or enterprise as appropriate within the meaning of § 1602(2) of this title, and the location of the premises at which such business is authorized. Where the licensee is a corporation, the license shall state the name and address of said corporation’s registered agent in this State, and the name of its registered agent at such address.

(c) Every license for the operation of an adult-oriented retail establishment shall describe the location of the premises at which such business is authorized. Where the licensee is a corporation, the license shall state the name and address of said corporation’s registered agent in this State, and the name of its registered agent at such address.
24 Del. C. § 1311 — Delaware Code / Title 24 / Chapter 13 / Section 1311
§ Â
        1311. Insurance
Status: in_force

Any person who applies for a license to own or operate a private investigations company, private security agency or armored car agency shall file with the Section a surety bond and certificate of liability insurance in the amount set forth by the Board.
24 Del. C. § 3511 — Delaware Code / Title 24 / Chapter 35 / Subchapter II / Section 3511
§ Â
        3511. Reciprocity.
Status: in_force

(a) Where an applicant is already licensed or certified as a doctoral-level psychologist in another jurisdiction and has practiced continually for 2 years in that jurisdiction, the Board shall require:

(1) A certificate or other evidence that the applicant is currently licensed or certified.

(2) Evidence that the psychologist has practiced continually for 2 years.

(3) Evidence that the psychologist has achieved the passing score set by the Board on the written standardized Examination for Professional Practice of Psychology (EPPP) developed by the Association of State and Provincial Psychology Boards (ASPPB) or its successor as approved by the Board.

(4) Evidence that the candidate has received a doctoral degree in psychology from a recognized educational institution, or in lieu of such degree, a doctoral degree in a closely-allied field if it is the opinion of the board that the training required therefor is substantially similar, or has otherwise had training in psychology deemed equivalent by the board. Graduates of foreign programs will be required to have their credentials evaluated by a credential evaluation service approved by the National Association of Credential Evaluation Services to determine equivalency to the accreditation requirements of § 3508 of this title.

(b) Upon receipt of an application from an applicant who has been or who currently is licensed, certified or registered as a psychologist, or is registered as a psychological assistant, in another jurisdiction, the Board shall contact the licensing authority, or comparable agency, in such other jurisdiction or jurisdictions and request a certified statement to determine whether or not there are disciplinary proceedings or unresolved complaints pending against the applicant or whether the applicant has engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter. In the event that a disciplinary proceeding or unresolved complaint is pending, the applicant shall not be licensed until the proceeding or complaint has been resolved. Applicants for licensure under this section shall be deemed to have given consent to the release of such information and to waive all objections to the admissibility of such evidence.

(c) In lieu of the documentation required by subsections (a) and (b) of this section above, the applicant may submit a certificate of professional qualification in psychology from a credential bank approved by the Board. The Board shall identify acceptable credentialing organizations in its rules and regulations. In addition, the Board may require the applicant to submit such supplemental information as it deems necessary to assure that the applicant meets the qualifications for licensure.
24 Del. C. § 3061 — Delaware Code / Title 24 / Chapter 30 / Subchapter V / Section 3061
§ Â
        3061. License required.
Status: in_force

An individual may not hold himself or herself out to the public as a licensed professional art therapist (LPAT) or licensed associate art therapist (LAAT) unless the individual is licensed in accordance with this subchapter. It is unlawful for any individual who is not licensed under this chapter, or the individual’s employees, agents, or representatives to use in connection with that individual’s name or business the words “licensed professional art therapist,” “licensed associate art therapist,” or otherwise assume or use any title or description conveying or tending to convey the impression that the individual is licensed to practice art therapy, unless such individual has been duly licensed under this chapter.
24 Del. C. § 1134 — Delaware Code / Title 24 / Chapter 11 / Subchapter III / Section 1134
§ Â
        1134. Penalty.
Status: in_force

A person not currently licensed as a dentist or dental hygienist under this chapter who engages in the practice of dentistry or dental hygiene or uses in connection with that person’s name, or otherwise assumes or uses, any title or description conveying, or tending to convey, the impression that the person is qualified to practice dentistry or dental hygiene shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 nor more than $1,000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 nor more than $2,000 for each offense. Justice of the Peace Courts shall have jurisdiction over all violations of this section.
24 Del. C. § 1702 — Delaware Code / Title 24 / Chapter 17 / Subchapter I / Section 1702
§ Â
        1702. Definitions.
Status: in_force

The following definitions apply to this chapter unless otherwise expressly stated or implied by the context:

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

(2) “Certificate to practice medicine” means the authorization awarded by the Board to a person who has been qualified to practice medicine in this State by meeting the requirements of this chapter.

(3) “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.

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

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

(6) “Executive Director” means the Executive Director of the Board of Medical Licensure and Discipline.

(7) “Fertility treatment” means any test, procedure, medication, surgery, or service to address or enhance an individual’s ability to reproduce or get pregnant, including:

a. In vitro fertilization.

b. Intrauterine insemination.

c. Ovulation induction.

d. Embryo biopsy.

e. Cryopreservation and thawing of eggs, sperm, and embryos.

f. Cryopreservation of testicular or ovarian tissue.

g. Storage or disposal of oocytes, sperm, embryos, or tissue.

(8) “Healthcare institution” means a facility or agency licensed, certified, or otherwise authorized by law to provide, in the ordinary course of business, treatments, services, or procedures to maintain, diagnose, or otherwise affect a person’s physical or mental condition.

(9) “Healthcare services” means any assessment, diagnosis, treatment, procedure, prescription, test, medication, advice, or other service by a healthcare professional who is licensed, certified, or otherwise legally authorized to provide care in this State, acting within the scope of that authorization. “Healthcare services” includes primary care, preventive care, the prescribing or administration of prescription drugs, therapeutic care, reproductive health services, mental health care, and surgical services.

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

(11) “Medical group” means 1 or more physicians or other health-care practitioners who work together under the name of a professional corporation, a limited liability partnership, or other legal entity.

(12) “Medicine” means the science of restoring or preserving health and includes allopathic medicine and surgery, osteopathic medicine and surgery, and all the respective branches of the foregoing.

(13) “Physician” means an allopathic doctor of medicine and surgery or a doctor of osteopathic medicine and surgery who is registered and certified to practice medicine pursuant to this chapter.

(14) “Practice of medicine” or “practice medicine” includes:

a. Advertising, holding out to the public, or representing in any manner that one is authorized to practice medicine in this State;

b. Offering or undertaking to prescribe, order, give, or administer any drug or medicine for the use of another person;

c. Offering or undertaking to prevent or to diagnose, correct, and/or treat in any manner or by any means, methods, or devices a disease, illness, pain, wound, fracture, infirmity, defect, or abnormal physical or mental condition of another person, including the management of pregnancy and parturition;

d. Offering or undertaking to perform a surgical operation upon another person;

e. Rendering a written or otherwise documented medical opinion concerning the diagnosis or treatment of a person or the actual rendering of treatment to a person within the State by a physician located outside the State as a result of transmission of the person’s medical data by electronic or other means from within the State to the physician or to the physician’s agent;

f. Rendering a determination of medical necessity or a decision affecting or modifying the diagnosis and/or treatment of a person;

g. Using the designation Doctor, Doctor of Medicine, Doctor of Osteopathy, physician, surgeon, physician and surgeon, Dr., M.D., or D.O., or a similar designation, or any combination thereof, in the conduct of an occupation or profession pertaining to the prevention, diagnosis, or treatment of human disease or condition, unless the designation additionally contains the description of another branch of the healing arts for which one holds a valid license in the State.

For the purposes of this chapter, in order that the full resources of the State are available for the protection of persons using the services of physicians, the act of the practice of medicine occurs where a person is located at the time a physician practices medicine upon the person.

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

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

(17) “Registration” means the entry of a certificate to practice medicine into the records of the Board of Medical Licensure and Discipline pursuant to the regulations of the Board.

(18) “Reproductive health services” are healthcare services and include all of the following:

a. “Abortion” as defined in § 1782 of this title.

b. “Termination of pregnancy” as authorized in § 1790 of this title.

c. Emergency contraception that is approved by the Federal Drug Administration and available over-the-counter, with a prescription, or dispensed consistent with the requirements of Chapter 25 of this title.

d. Services relating to pregnancy or the termination of pregnancy including medical, surgical, counseling, or referral services.

e. Fertility treatment.

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

(20) “Substantially related” means the nature of criminal conduct for which a person was convicted has a direct bearing on the person’s fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of medicine, the work of a physician assistant, of the practice of respiratory care.

(21) “Unauthorized practice of medicine” means the practice of medicine as defined in this section by a person not authorized under this chapter to perform an act set forth in that subsection, unless excepted by § 1703 of this title.

(22) “Viability” means the point in a pregnancy when, in a physician’s good faith medical judgment based on the factors of a patient’s case, there is a reasonable likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures.
24 Del. C. § 3017 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3017
§ Â
        3017. Privileged communications.
Status: in_force

Communications between a mental health or chemical dependency professional licensed under this chapter and a client of the professional shall be considered confidential to the same extent as provided by Rule 503 of the Delaware Rules of Evidence.
24 Del. C. § 709 — Delaware Code / Title 24 / Chapter 7 / Section 709
§ Â
        709. Issuance of license; renewal; inactive status; reinstatement.
Status: in_force

(a) Each person, who has been admitted to practice in this State by reciprocity, or who has otherwise qualified for a license shall, prior to practicing in this State, file for and obtain an occupational license from the Division of Revenue in accordance with Chapter 23 of Title 30. The Board shall forthwith issue a license to each person who has qualified for same under this chapter and who has complied with all rules and regulations of the Board.

(b) Upon payment of the renewal fee and upon submission of proof of satisfactory completion of continuing education requirements, each license shall be renewed biennially in such manner as is determined by the Division of Professional Regulation. The Board shall, in its rules and regulations, determine the period of time within which a practitioner may still renew the license; provided, however, that such period shall not exceed 1 year. At the expiration of the period designated by the Board, the license shall be deemed to be lapsed and not renewable, unless the former licensee reapplies under the same conditions which govern reciprocity; provided, however, that the former licensee shall also pay a reinstatement fee in an amount which is determined by the Division of Professional Regulation.

(c) Any licensee may, upon the licensee’s written request, be placed in an inactive status not to exceed 5 years. The renewal fee of such person shall be prorated in accordance with the amount of time such person was inactive. Such person may reenter practice upon notification to the Board of that person’s intent to do so, provided said person has satisfied all continuing education requirements prescribed by the Board.

(d) A former licensee who has been penalized for the violation of a provision of this chapter, or whose license has been suspended or revoked, and who subsequently is permitted to apply for reinstatement shall apply for a new license, successfully complete the examination required by the Board, and shall pay all appropriate fees before the former licensee may be relicensed.
24 Del. C. § 1902A — Delaware Code / Title 24 / Chapter 19A / Section 1902A
§ Â
        1902A. Findings and declaration of purpose.
Status: in_force

(a) The party states find the following:

(1) The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws.

(2) Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public.

(3) The expanded mobility of nurses and the use of advanced communication technologies as part of our nation’s health-care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation.

(4) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex.

(5) The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states.

(6) Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.

(b) The general purposes of this Compact are to do the following:

(1) Facilitate the states’ responsibility to protect the public’s health and safety.

(2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation.

(3) Facilitate the exchange of information between party states in the areas of nurse regulation, investigation, and adverse actions.

(4) Promote compliance with the laws governing the practice of nursing in each jurisdiction.

(5) Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses.

(6) Decrease redundancies in the consideration and issuance of nurse licenses.

(7) Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.
24 Del. C. § 2819 — Delaware Code / Title 24 / Chapter 28 / Section 2819
§ Â
        2819. Requirements for certification as an engineer intern.
Status: in_force

The following shall be considered as minimum satisfactory evidence that the applicant is qualified for certification as an engineer intern:

(1) Graduation with a baccalaureate degree from an engineering educational program accredited by the Accreditation Board of Engineering and Technology (ABET), or by a foreign educational program accreditation agency adjudged by ABET to use substantially equivalent accreditation procedures, or from a Council-approved educational program in engineering not accredited by ABET or an ABET-approved foreign educational program accreditation agency, engineering technology or science related to engineering; and

(2) a. Council-approved professional experience of 15 years or more; or

b. Successful passing of a Fundamentals of Engineering examination.
24 Del. C. § 1321 — Delaware Code / Title 24 / Chapter 13 / Section 1321
§ Â
        1321. Firearms or projectile weapons.
Status: in_force

(a) It shall be unlawful for anyone licensed, under this chapter, to carry a concealed deadly weapon as defined in § 1442 of Title 11, unless they have been issued a concealed deadly weapons permit.

(b) It shall be unlawful for anyone licensed, under this chapter, to carry any type of weapon unless the Board has approved the use of such weapon and, if approved, the person has been trained in the use of such weapon, by a board-approved instructor.

(1) Private investigative, private security and armored car agencies shall be held responsible for monitoring all firearm or projectile weapon certification or recertification for their employees for compliance with promulgated rules and regulations.

(2) Private investigative, private security and armored car agencies must provide the Professional Licensing Section with documentation that employees are compliant with firearm or projectile weapon certification and recertification requirements of the Board.

(3) The Board may revoke the ability to carry a weapon if a registration holder or agency fails to comply with promulgated rules and regulations.

(c) It shall be unlawful for an individual, employed as a security guard, to carry a firearm or projectile weapon during the course of performing their duties as a security guard, if they have not been issued a commissioned security guard license.

(d) It shall be unlawful for any person to hire or employ an individual or for any individual to accept employment, in the capacity of a security guard, to carry a firearm or projectile weapon in the course and scope of employment duties unless the security guard has been issued a commissioned security guard license.

(e) It shall be unlawful for a commissioned security guard to carry a firearm or projectile weapon unless:

(1) The security guard is engaged in the performance of duties as a security officer or is engaged in traveling directly to or from a place of assignment;

(2) The security guard is wearing a distinctive uniform indicating that the person is a security guard;

(3) Such uniform has a distinctive patch that indicates the company by whom the person is employed;

(4) The firearm or projectile weapon is in plain view; and

(5) The firearm or projectile weapon is the type of weapon that the commissioned security guard qualified with pursuant to this chapter.
24 Del. C. § 5502 — Delaware Code / Title 24 / Chapter 55 / Section 5502
§ Â
        5502. Definitions.
Status: in_force

(a) “Bail bondsmen” shall mean the person or persons licensed by the Department of Insurance as a bail bonding agent.

(b) “Bail bondsmen association” shall mean any organization or entity that represents the bail bondsmen in the State.

(c) “Bail enforcement agent” (“BEA”) as used within this chapter, shall mean any person or cooperative of persons, resident or nonresident, whose services or actions are performed for the purpose of capturing a fugitive, and including, but not limited to, any person who engages in the apprehension and return of persons who are released on bail and who have failed to appear at any stage of the proceedings to answer the charge before any state or federal court.

(d) “Bail enforcement agent association” shall mean any organization or entity that represents the BEA’s in the State.

(e) “Bail Enforcement Board” (“Board”) means the Delaware Board of Examiners of Bail Enforcement Agents.

(f) “Director” means the officer in charge of the Professional Licensing Section of the Division of State Police.
24 Del. C. § 4005 — Delaware Code / Title 24 / Chapter 40 / Subchapter I / Section 4005
§ Â
        4005. Records.
Status: in_force

The Division shall keep a register of all approved applications for certified real estate appraiser, certified residential real property appraiser, licensed real property appraiser, and real property appraiser trainee, and complete records relating to meetings of the Council, examinations, rosters, changes and additions to the Council’s rules and regulations, complaints, hearings, and such other matters as the Council shall determine. Such records shall be prima facie evidence of the proceedings of the Council.
24 Del. C. § 5510 — Delaware Code / Title 24 / Chapter 55 / Section 5510
§ Â
        5510. Possession of identification card and badge.
Status: in_force

Any person who has been issued an identification card and badge by the Professional Licensing Section shall be required to have such card and badge in their possession while in the performance of the person’s duties.
24 Del. C. § 1403 — Delaware Code / Title 24 / Chapter 14 / Subchapter I / Section 1403
§ Â
        1403. Board of Electrical Examiners; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.
Status: in_force

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

(b) The Board shall consist of 9 members, appointed by the Governor, who are residents of this state: Five shall be electricians licensed under this chapter, 1 of whom may be a registered professional engineer with at least 6 years’ experience in electrical planning and design, and 4 public members. The public members shall not be, nor ever have been, licensed electricians, nor members of the immediate family of a licensed electrician; shall not have been employed by an electrician or electrical contractor; shall not have a material interest in the providing of goods and services to electricians; nor have been engaged in an activity directly related to the electrical business. The public members shall be accessible to inquiries, comments and suggestions from the general public.

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

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

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

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

(g) No member of the Board, while serving on the Board, shall hold elective office in any professional association of electricians; this includes a prohibition against serving as head of the professional association’s Political Action Committee (PAC).

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

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

(j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9.
24 Del. C. § 3913 — Delaware Code / Title 24 / Chapter 39 / Section 3913
§ Â
        3913. Privileged  communications.
Status: in_force

A social worker may not disclose any information acquired from a person consulting the social worker in a professional capacity except:

(1) With the written consent of the person or, in the case of death or disability, the written consent of the person’s personal representative.

(2) A social worker is not required to treat as confidential a communication that reveals the planning of any violent crime or act.

(3) A social worker who knows or reasonably suspects child abuse or neglect must report to the Division of Family Services of the Department of Services for Children, Youth and Their Families according to § 904 of Title 16.

(4) If the person waives the privilege by bringing charges against the licensed social worker.
24 Del. C. § 3907C — Delaware Code / Title 24 / Chapter 39 / Section 3907C
§ Â
        3907C. Supervision requirements for licensed clinical social worker; grandfathering.
Status: in_force

(a) (1) Subject to paragraph (a)(2) of this section, an applicant or licensed clinical social worker who has started or completed supervision by a master’s social worker on or before September 26, 2024, will satisfy the supervision requirement under § 3907(b)(4) of this title if the applicant or licensed clinical social worker is otherwise in compliance with § 3907(b)(4) of this title.

(2) An applicant who will not complete the 2-year supervised experience requirement on or before March 25, 2025, must continue any necessary supervision under the supervision of a licensed clinical social worker, licensed psychologist, or licensed psychiatrist, in accordance with § 3907(b)(4) of this title.

(b) Notwithstanding the removal of a master’s social worker’s supervision authority under § 3907(b)(4) of this title, a master’s social worker who is supervising an applicant as of September 26, 2024, may continue to supervise the applicant until after March 25, 2025.
24 Del. C. § 5127 — Delaware Code / Title 24 / Chapter 51 / Subchapter II / Section 5127
§ Â
        5127. Qualifications.
Status: repealed

(a) No person shall be licensed under this subchapter unless the person has done all of the following:

(1) Successfully completed an education equivalent to a tenth grade education. Proof of the required education shall be a certified high school transcript or any other document or affidavit which constitutes reliable proof of educational attainment as determined by the Board.

(2) Completed a course of study of not less than 600 hours in the principles pertaining to the practice of aesthetics; or completed 1200 hours in an apprenticeship to a licensed aesthetician, with the total number of hours worked per day not to exceed 10, nor to exceed 40 per week, excluding make-up hours. An apprenticeship must be completed within 2 years.

(3) Passed the national examination required in § 5128 of this title.

(4) Paid the appropriate fee as established by the Division of Professional Regulation.

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

(6) Shall not have been convicted of a crime substantially related to the practice of aesthetics. In determining whether a crime is substantially related to the practice of aesthetics, the Board shall observe the limitations set forth in § 8735(x)(4) of Title 29. If after a consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board, by an affirmative vote of a majority of the quorum, or, during the time period between Board meetings, the Board President or the Board President’s designee, 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 period between Board meetings, the Board President or President’s designee, shall waive this paragraph (a)(6).

a.-d. [Repealed.]

(7) Shall not have been the recipient of any administrative penalties regarding that person’s licensed practice, 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 have not entered into any “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, after a hearing, determine whether such administrative penalty is grounds to deny licensure.

(8) Shall not have any disciplinary proceedings or unresolved complaints pending against that person in any jurisdiction where the applicant previously has been, or currently is, licensed to practice aesthetics.

(b) As set forth in Board rules and regulations, foreign-trained applicants shall provide evidence satisfactory to the Board of training equivalent to that required in paragraph (a)(2) of this section, in addition to meeting all other requirements of this section.

(c) When a person who feels the Board has refused or rejected an application without justification; has imposed higher or different conditions for the person than for other applicants or persons now licensed; or has in some other manner contributed to or caused the failure of such person’s application, the applicant may appeal to the Superior Court.

(d) Where the Board has found to its satisfaction that an application has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.
24 Del. C. § 1131B — Delaware Code / Title 24 / Chapter 11 / Subchapter II / Section 1131B
§ Â
        1131B. Treatment or examination of minors.
Status: in_force

(a) A parent, legal guardian or other caretaker, or adult staff member, shall be present when a person licensed or certified to practice dentistry or dental hygiene under this chapter provides services to a minor, regardless of the sex of the licensed or certified person and minor, whenever a door to the treatment room is required to be closed or any time the minor is sedated.

(b) When a minor is to receive services, the person licensed or certified to practice dentistry or dental hygiene under this chapter shall provide notice to the parent, legal guardian or other caretaker of the rights under subsection (a) of this section. The notice shall be provided in written form and shall be posted conspicuously in the location where services will be provided.

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

(d) The person licensed under this chapter that provides treatment to a minor pursuant to this section shall, contemporaneously with such treatment, note in the patient’s record the name of each person present when such treatment is being provided.
24 Del. C. § 4431 — Delaware Code / Title 24 / Chapter 44 / Subchapter IV / Section 4431
§ Â
        4431. Licensure requirements; reciprocal licensure.
Status: repealed

(a) To obtain a manufactured home installer license, a person must:

(1) Apply to the Board for the license, in a manner designated by the Board;

(2) Pay an application fee established by the Division to offset the administrative costs associated with the functions of the Board;

(3) Be at least 18 years old;

(4) Provide evidence that the applicant or that applicant’s employer has and will maintain a surety bond or irrevocable letter of credit issued by a federally-insured financial institution, in the form and minimum amount to be determined by the Board in its rules and regulations, that will cover the cost of repairing all damage to the home and its supports caused by the installer, or the installer’s or employer’s employees or agents, during the installation. The Board may require the licensed installer to provide proof of the surety bond or irrevocable letter of credit at any time. The licensed installer must notify the Board in writing, within 7 days of any changes or cancellations of the surety bond or irrevocable letter of credit. The employer must notify the Board of the termination of employment of any licensee who is covered by the employer’s surety bond or irrevocable letter of credit. Entities or individuals who maintain a surety bond or irrevocable letter of credit as provided in this paragraph are responsible for all acts or omissions of the licensed manufactured home installer and any individual acting under the supervision of or assisting the installer in the installation of manufactured housing;

(5) Provide evidence that the applicant or that applicant’s employer has and will maintain liability insurance in the form and minimum amount to be determined by the Board in its rules and regulations. The Board may require the licensed installer to provide proof of liability insurance at any time. The licensed installer must notify the Board in writing, within 7 days of any changes or cancellations of the liability insurance. The employer must notify the Board of the termination of employment of any licensee who is covered by the employer’s liability insurance. Entities or individuals who maintain liability insurance as provided in this paragraph are responsible for all acts or omissions of the licensed manufactured home installer and any individual acting under the supervision of or assisting the installer in the installation of manufactured housing;

(6) Complete the educational requirements established by the Board;

(7) Have passed a licensure test established or adopted by the Board, and presented proof of the same to the Board;

(8) Agree to be responsible for all acts or omissions of any individual acting under the supervision of the applicant while assisting in the installation of manufactured housing;

(9) Not been have been the recipient of any administrative penalties regarding the applicant’s actions as a licensed manufactured home installer, 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; and

(10) Not have a criminal conviction nor pending criminal charge relating to an offense that is substantially related to the work of a licensed manufactured home installer. Applicants who have a criminal conviction or pending criminal charge shall request appropriate authorities to provide information about the conviction or charge directly to the Board. However, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board shall, by an affirmative vote of a majority of the quorum, waive this paragraph (a)(10).

a.-d. [Repealed.]

(b) The Board may waive the education and examination requirements and grant a reciprocal license upon the receipt of an application and the payment of the fees to any person who presents proof of current licensure, registration, or certification as a manufactured home installer in any other state, district, or territory of the United States whose laws and regulations governing licensure, registration, or certification are considered by the Board to be substantially similar to the requirements for licensure set forth in this chapter and the Board’s rules and regulations.
24 Del. C. § 1810 — Delaware Code / Title 24 / Chapter 18 / Subchapter II / Section 1810
§ Â
        1810. Reciprocity.
Status: in_force

(a) Upon submission and acceptance of a written application on forms provided by the Board, along with payment of the required fee, the Board shall grant a license to each applicant who presents proof of current licensure in good standing in another state, the District of Columbia, or a territory of the United States whose standards for licensure are substantially similar to those of this State and who submits the verified evidence described in § 1808(a)(3) through (5) of this title.

(b) An applicant who is licensed by another state, the District of Columbia, or a territory of the United States whose standards for licensure are not substantially similar to those of this State must have practiced for a minimum of 7 years after licensure, in addition to meeting the other qualifications for reciprocity in this section.
24 Del. C. § 3009 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3009
§ Â
        3009. Grounds for discipline.
Status: in_force

(a) A person licensed under this chapter is subject to the disciplinary sanctions set forth in § 3011 of this title if, after a hearing, the Board finds that the licensee has:

(1) Employed or knowingly cooperated in a fraud or material deception in order to acquire a license under this chapter; has impersonated another person holding a license or allowed another person to use the licensee’s license; or has aided or abetted a person not licensed to represent himself or herself as a person licensed under this chapter.

(2) Been convicted of a crime that is substantially related to the practice of a mental health or chemical dependency professional. A certified copy of the record of conviction shall be conclusive evidence of a conviction.

(3) Excessively used or abused drugs in the past 3 years or currently.

(4) Engaged in an act which involved consumer fraud or deception, restraint of competition, or price fixing.

(5) Violated a provision of this chapter or a regulation promulgated by the Board under this chapter.

(6) Had the licensee’s professional license under this chapter suspended or revoked, or has been the subject of disciplinary action taken by the appropriate licensing authority of another jurisdiction; provided, that the grounds for the disciplinary action of the other jurisdiction have been presented to the Board by a certified record and the Board has determined that the facts found by the other jurisdiction constitute an act specified in this section. A person licensed in this State pursuant to this chapter is deemed to have given consent to the release of information by the Board or by a comparable agency in another jurisdiction and to waive all objections to the admissibility of evidence of a previously adjudicated act or offense.

(7) Failed to notify the Board that the licensee’s license 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 of a license shall be conclusive evidence thereof.

(8) Been convicted of a felony sexual offense.

(9) Failed to report child abuse or neglect as required by § 903 of Title 16, or any successor thereto.

(10) Failed to report to the Division of Professional Regulation as required by § 3018 of this title.

(11) Engaged in conversion therapy with a child.

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

(b) Subject to the provisions of subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board and no licensee’s right to hold himself or herself out as an individual licensed under this chapter shall be limited by the Board until such licensee has been given notice and an opportunity to be heard in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].

(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.
24 Del. C. § 5112 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5112
§ Â
        5112. Complaints.
Status: in_force

(a) All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. Investigators of the Division may enter any nail salon, beauty salon, barbershop or aesthetics shop in furtherance of their investigation. Upon a determination that an individual is practicing cosmetology, barbering, electrology, nail technology or aesthetics without a license, the investigator shall request that a Justice of the Peace Court issue a summons for a violation of § 5117(b) or (c) of this title, as applicable. The investigator or the Attorney General or their designee, or any other person authorized by law, shall prosecute the matter. A copy of the investigator’s report, including the summons and complaint, shall be sent to the Board. A condition of bond shall be that the accused shall not practice the regulated conduct without first obtaining a license from the Division, and any violations of bond shall be treated as criminal contempt, pursuant to § 1271(3) of Title 11.

(b) Those complaints involving unsanitary conditions or other conditions in any nail salon, cosmetology or beauty salon, barber shop, electrology salon or aesthetics shop which may harm the health of those receiving the services outlined in this chapter shall be investigated by the Division of Public Health.
24 Del. C. § 3606 — Delaware Code / Title 24 / Chapter 36 / Subchapter I / Section 3606
§ Â
        3606. Powers and duties.
Status: in_force

(a) The Board of Geologists 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 [Chapter 101 of Title 29] of this State. Each rule or regulation shall implement or clarify a specific section of this chapter;

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

(3) Designate the written, standardized examination administered by the National Association of State Boards of Geology (ASBOG) to be taken by all persons applying for licensure; applicants who qualify for licensure by reciprocity shall have achieved a passing score on all parts of the ASBOG examination or a comparable, alternative national or regional examination, if a national examination is not available;

(4) Establish minimum education, training and experience requirements for licensure as geologists;

(5) Evaluate the credentials of all persons applying for a license to practice geology in Delaware, in order to determine whether such persons meet the qualifications for licensing set forth in this chapter;

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

(7) Require all technical submissions to be stamped with the impression of the state-licensed geologist’s seal;

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

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

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

(11) Conduct hearings and issue orders in accordance with procedures established pursuant to this chapter and Chapter 101 of Title 29. Where such provisions conflict with this chapter, this chapter shall govern. The Board shall determine whether or not a geologist shall be subject to a disciplinary hearing, and if so, shall conduct such hearing in accordance with this chapter and 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 Board of Geologists shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of geology.
24 Del. C. § 521 — Delaware Code / Title 24 / Chapter 5 / Subchapter III / Section 521
§ Â
        521. 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 it 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. § 5128 — Delaware Code / Title 24 / Chapter 51 / Subchapter II / Section 5128
§ Â
        5128. Examinations.
Status: in_force

(a) Examinations for licensure as an aesthetician shall be professionally developed and used on a national basis.

(b) Examination services shall be contracted and approved by the Division of Professional Regulation.

(c) The Division of Professional Regulation or its designee shall administer the examination for licensure. Grading will be performed by the contracted testing service.
24 Del. C. § 3712 — Delaware Code / Title 24 / Chapter 37 / Subchapter II / Section 3712
§ Â
        3712. Issuance and renewal of licenses [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: in_force

(a) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser and who pays the fee established under § 3711 of this title.

(b) Each license shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee and attestation, as set forth in the Board’s rules and regulations, that the licensee has met the continuing education requirements established by the Board. In addition, audiologists and hearing aid dispensers shall attest to calibration of electronic equipment used to assess hearing, as set forth in the Board’s rules and regulations.

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

(d) A licensee may be placed in an inactive status for no more than 5 years. Such person, who desires to reactivate that person’s license, shall submit a request for reactivation and afee set by the Division, and submit proof of fulfillment of continuing education requirements in accordance with the rules and regulations of the Board.

(e) Audiologists licensed in Delaware prior to July 10, 2009, and who meet the renewal requirements set forth in this section and maintain Delaware licensure, are exempted from the educational requirement set forth in § 3708(a)(2)a.

(f) An applicant or licensee must notify the Division of a change in address or in any other information on the application, registration, or renewal within 30 days of the change.
24 Del. C. § 1930 — Delaware Code / Title 24 / Chapter 19 / Section 1930
§ Â
        1930. Duty to report conduct that constitutes grounds for discipline or inability to practice.
Status: in_force

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

(b) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter, or any other health-care provider, may be unable to practice with reasonable skill and safety to the public for any of the following reasons:

(1) Mental illness or mental incompetence.

(2) Physical illness, including deterioration through the aging process or loss of motor skill.

(3) Excessive abuse of drugs, including alcohol.

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

(d) All reports required under subsections (a), (b) and (c) of this section must be filed within 30 days of becoming aware of such information. A person reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.
24 Del. C. § 3303 — Delaware Code / Title 24 / Chapter 33 / Subchapter I / Section 3303
§ Â
        3303. License requirement and exceptions.
Status: in_force

A person may not practice veterinary medicine in this State unless the person is a Delaware-licensed veterinarian.
24 Del. C. § 1799CC — Delaware Code / Title 24 / Chapter 17 / Subchapter XII / Section 1799CC
§ Â
        1799CC. Unauthorized practice of polysomnography.
Status: in_force

Whoever engages in the practice of polysomnography or attempts to engage in the practice of polysomnography contrary to the provisions of this subchapter shall be guilty of a class G felony and shall be fined not less than $500 and not more than $1,500, or imprisoned not more than 2 years, or both.
24 Del. C. § 1732 — Delaware Code / Title 24 / Chapter 17 / Subchapter IV / Section 1732
§ Â
        1732. Investigations of complaints; Executive Director authority.
Status: in_force

(a) All complaints of unprofessional conduct, unauthorized practice of medicine, or medical malpractice shall be referred to the Division of Professional Regulation to be investigated. Complaints alleging potential sexual misconduct by a licensee should be afforded priority by the Division. The Division of Professional Regulation shall formulate charges, if circumstances warrant, by bringing a formal complaint against a person to whom a certificate to practice medicine or otherwise licensed or registered in this State has been issued.

(b) The Executive Director shall initiate investigations concerning inability to practice medicine with reasonable skill or safety to patients. The Executive Director with the Board president or the president’s designee, shall, after reviewing the results of the investigation, determine whether the person to whom a certificate to practice medicine has been issued is able to practice medicine with reasonable skill and safety to patients, either on a restricted or unrestricted basis. If the Executive Director reasonably believes that a diagnostic mental or physical examination of the person under investigation is necessary, the Executive Director shall order the person to submit to an examination at the person’s expense to be conducted by a physician or agency designated by the Executive Director. Every person to whom a certificate to practice medicine has been issued is deemed to have given that person’s own consent to submit to a diagnostic mental or physical examination when so directed by the Executive Director, and to have waived all objections to the admissibility of the examination report to the Board. A person who submits to a diagnostic mental or physical examination as ordered by the Executive Director has the right to designate another physician to be present at the examination and to submit an independent report on the examination to the Board.

(c) To assist in an investigation of alleged unprofessional conduct, or medical malpractice, or of inability to practice medicine with reasonable skill or safety to patients, the Executive Director, on behalf of the Board, may, by subpoena, compel the production of necessary patient medical records of and patient medical records reviewed by all hospitals, organizations, and healthcare institutions located in the State and by all quality assurance, peer review, and other similar committees, including the records of the Medical Society of Delaware and its committees. A subpoena issued under this subsection is subject to the subpoena restrictions in § 1731A(d) of this title. The Board shall take reasonable steps to protect the identity of the patient in so far as such protection does not, in the opinion of the Board, adversely affect the Board’s ability to protect the public interest.

(d) In addition to or in lieu of a diagnostic evaluation, the Executive Director may require an applicant for or the holder of a certificate to practice medicine, at the applicant or certificate holder’s expense, to complete a formal assessment of professional competency if the Executive Director, after consultation with the President of the Board and at least 1 other physician member of the Board, determines that a formal assessment is warranted to protect the health and safety of present or prospective patients. A formal assessment must be performed by the assessment center established by the Federation of State Medical Boards and the National Board of Medical Examiners, or by another assessment center as the Executive Director directs. A formal assessment may not be required of an applicant or certificate holder by the Executive Director without the written concurrence of the President of the Board and at least 1 other physician member of the Board that the assessment is warranted pursuant to this subsection.

(e) When a complaint is made by a law-enforcement agency or employee thereof and involves allegations of criminal activity, the Division of Professional Regulation and the Executive Director shall suspend any new or pending investigation upon a written request to do so by the Delaware Department of Justice or a federal law-enforcement authority. Such written request shall suspend the duty to investigate pursuant to this section, duty to regularly advise the complainant under § 8735 of Title 29, and any other duties that would interfere with the ability of law enforcement to investigate the allegations successfully. The suspension shall remain in effect until the Delaware Department of Justice or federal law enforcement informs the Executive Director in writing that action by the Division of Professional Regulation will not interfere with a pending law-enforcement investigation.
24 Del. C. § 516 — Delaware Code / Title 24 / Chapter 5 / Subchapter II / Section 516
§ Â
        516. Disciplinary sanctions.
Status: in_force

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 515 of this title applies to a practitioner regulated by this chapter:

(1) Issue a letter of reprimand.

(2) Censure a practitioner.

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

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

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

(4) Suspend any practitioner’s license.

(5) Revoke any practitioner’s license.

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

(7) The Board shall permanently revoke the certificate to practice podiatric medicine of a person who is convicted of a felony sexual offense.

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

(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license.
24 Del. C. § 3905 — Delaware Code / Title 24 / Chapter 39 / Section 3905
§ Â
        3905. Board of Social Work Examiners â Organization; officers; meetings; quorum.
Status: in_force

(a) In the same month of each year, the members shall elect, from among their number, a President, Vice-President, and Secretary. Each officer serves for 1 year, and may serve no more than 2 consecutive years in the same office.

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

(c) A majority of members constitutes a quorum for the purpose of transacting business. The Board may not take disciplinary action without the affirmative vote of at least 4 members.

(d) Minutes of all meetings must be recorded and the Division shall maintain copies of meeting minutes. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared must be made. The expense of preparing any transcript must be incurred by the person requesting it.
24 Del. C. § 3502A — Delaware Code / Title 24 / Chapter 35A / Section 3502A
§ Â
        3502A. Home state licensure.
Status: in_force

(a) The home state shall be a compact state where a psychologist is licensed to practice psychology.

(b) A psychologist may hold 1 or more compact state licenses at a time. If the psychologist is licensed in more than 1 compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.

(c) Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.

(d) Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of this Compact.

(e) A home state’s license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state does all of the following:

(1) Currently requires the psychologist to hold an active E-Passport.

(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals.

(3) Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual.

(4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation FBI, or other designee with similar authority, no later than 10 years after activation of the Compact.

(5) Complies with the bylaws and rules of the Commission.

(f) A home state’s license grants temporary authorization to practice to a psychologist in a distant state only if the compact state does all of the following:

(1) Currently requires the psychologist to hold an active IPC.

(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals.

(3) Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual.

(4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation FBI, or other designee with similar authority, no later than 10 years after activation of the Compact.

(5) Complies with the bylaws and rules of the Commission.
24 Del. C. § 2101 — Delaware Code / Title 24 / Chapter 21 / Section 2101
§ Â
        2101. Definition of practice of optometry.
Status: repealed

(a) “Practice of optometry” means the examination or measurement by any subjective or objective means including automated or testing devices for the diagnosis, treatment, and prevention of conditions of the human eye, lid, adnexa, and visual system as outlined below.

(1) “Practice of optometry” includes all of the following:

a. Use, adapting, and fitting of all types of lenses or devices except as provided in paragraph (a)(2) of this section.

b. Dispensing of any type of contact lenses that must be dispensed in accordance with a written, current contact lens prescription from a licensed physician or optometrist, including information that the Board may specify by rule or regulation.

c. Determination of refractive error or visual, muscular, or anatomical anomalies of the eye.

d. Provision or prescription of vision therapy, low-vision rehabilitation, or developmental or perceptual therapy.

(2) A license to practice optometry includes the utilization of any method or means which the optometrist is educationally qualified to provide, as established by the Delaware State Board of Examiners in Optometry and:

a. Includes performance of minor procedures on the surface of the skin of the ocular adnexa, of the cornea and conjunctiva of the globe and lid that can be performed safely with topical anesthesia and that would not require the use of injections or penetration of the globe, and the cutting or closure of human tissue by suture or staple, glue, adhesive, soldering, or cauterization. Also excludes anterior corneal stromal puncture, collagen cross-linking, postsurgical pterygium or conjuctival graft gluing of amniotic membranes, mechanical polishing of the corneal basement membrane, or any procedure that requires full- or partial-thickness incision of the sclera or cornea. Such minor procedures include: removal of superficial foreign body of the external eye conjunctiva; removal of conjunctival nonperforating foreign bodies; removal of a foreign body with or without slit lamp; superficial corneal scraping for diagnostic purposes; epilation of trichiasis by forceps; expression of conjunctival follicles; closure of lacrimal punctum by plug; intense pulsed light therapy; thermal treatment of eyelid margin for dry eye and blepharitis such as Lipiflow; and dilation of lacrimal punctum, with or without irrigation except on infant and toddler patients.

b. Prohibits surgery.

c. Prohibits the use of ophthalmic lasers or other modalities in which tissue is burned, vaporized, cut, or otherwise irreversibly altered by thermal, light-based, electromagnetic, radiation, chemical, ultrasound, infusion, cryotherapy, or similar means, excluding the use of pharmaceutical agents described in paragraph (a)(3) of this section.

d. Procedures must meet the standard of care as if performed by a physician.

(3) “Practice of optometry,” as it relates to pharmaceutical agents, means as follows:

a. Includes the use of pharmaceutical agents for the diagnosis and treatment of diseases, disorders, and conditions of the eye and adnexa based on the licensing requirement that satisfies the requirement for graduate level coursework that includes general and ocular pharmacology as follows:

1. Prescription for controlled substances.

A. Schedule II controlled substances containing Hydrocodone, with a limitation on maximum 72-hour supply.

B. Schedules III, IV, and V controlled substances, with a limitation on maximum 72-hour supply.

2. Prescription for the use of an oral steroid with a limitation not to exceed a single 6-day methylprednisolone dose pack.

b. Includes the use of an epinephrine auto-injector to counteract anaphylaxis.

c. Excludes prescription for oral immuno-suppressives except for the use of oral steroids under § 2101(a)(3)a.2. of this title.

d. Excludes the prescription of oral antifungals.

e. Excludes the prescription of oral antimetabolites.

f. Excludes the prescription of any substance delivered intravenously or by injection.

g. Excludes any medication used solely for the treatment of systemic conditions outside the scope of an optometrist.

(b) For purposes of this chapter, the term “diagnostically certified optometrists” applies only to those currently licensed in the category and if that license lapses, the licensee could only relicense by meeting current licensing requirements in § 2107 of this title. The duties of a nondiagnostically certified optometrist are limited to those that do not utilize therapeutic pharmaceutical agents or perform procedures that require subsequent treatment with therapeutic pharmaceutical agents.

(c) In administering this chapter, the State Board shall, by rule or regulation, specify those acts, services, procedures and practices which constitute the “practice of optometry” within the definitions of this section and consistent with having submitted proof of graduate level coursework that includes general and ocular pharmacology.

(d) For purposes of disability insurance, workers’ compensation, standard health and accident, sickness and other insurance policies, programs and plans, if the optometrist is authorized by law to perform the particular services, the optometrist shall be entitled to compensation for services under the said programs. Individuals entitled to such services shall have freedom to choose between any optometrist and any physician skilled in diseases of the eye.

(e) [Repealed.]
24 Del. C. § 2123 — Delaware Code / Title 24 / Chapter 21 / Section 2123
§ Â
        2123. Duty to report conduct that constitutes grounds for discipline or inability to practice.
Status: in_force

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

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

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

(d) All reports required under this section must be filed within 30 days of becoming aware of such information. An individual reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, if the individual acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.
24 Del. C. § 1410 — Delaware Code / Title 24 / Chapter 14 / Subchapter II / Section 1410
§ Â
        1410. Fees.
Status: in_force

The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure or biennium.
24 Del. C. § 4444 — Delaware Code / Title 24 / Chapter 44 / Subchapter V / Section 4444
§ Â
        4444. Temporary suspension pending hearing.
Status: in_force

In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license.
24 Del. C. § 2711 — Delaware Code / Title 24 / Chapter 27 / Subchapter II / Section 2711
§ Â
        2711. Issuance and renewal of licenses.
Status: in_force

The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a land surveyor and who pays the fee established under § 2710 of this title.

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

The Division or its designee shall notify every licensee of the date of expiration of license and the amount of the fee that shall be required for renewal at least 1 month prior to the expiration thereof. Failure to give or receive such notice shall not prevent the license from becoming invalid after its expiration date.

The Board, in its rules and regulations, shall determine the period of time within which a professional land surveyor may still renew license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date. The Board shall charge a late fee equivalent to twice the sum of the unpaid renewal fee.
24 Del. C. § 3043 — Delaware Code / Title 24 / Chapter 30 / Subchapter III / Section 3043
§ Â
        3043. Applicability of subchapter.
Status: in_force

(a) Nothing in this subchapter shall be construed to prevent a person from engaging in or offering any addiction services such as self-help, sponsorship through Alcoholics Anonymous, Narcotics Anonymous or other uncompensated addictions services.

(b) Nothing in this subchapter shall be construed to apply to a designated employee or other agent of a private employer who has been designated to provide chemical dependency counseling under the jurisdiction of the company, or an employee or other agent of a recognized academic institution, a federal, state, county or local government institution, agency or facility, or school district, if the individual is performing solely with the company or the agency, as the case may be, or under the jurisdiction of that company or agency, and if a license granted under this chapter is not a requirement for employment.

(c) Nothing in this subchapter shall be construed to apply to a rabbi, priest, minister, or clergy of any religious denomination or sect, when performing within the scope of the person’s regular or specialized ministerial duties and for which no separate charge is made, for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legal cognizable church, denomination, or sect, and when the person rendering services remains accountable to the established authority thereof.

(d) Nothing in this subchapter shall be construed to apply to a student, intern or trainee in chemical dependency counseling pursuing a course of study in counseling in a regionally accredited institution, if performed under supervision and constituting a part of the supervised course of study.

(e) Nothing in this subchapter shall be construed to apply to a person licensed in the State to practice medicine and surgery, psychology, social work, clinical social work, licensed professional counselor of mental health or any other person’s profession or occupation and doing work of a nature consistent with a person’s training, if the person does not hold himself or herself self out to the public as possessing a license issued pursuant to this chapter.

(f) Nothing in this subchapter shall prevent the practice of healing by spiritual means in accordance with the tenets and practice of any church or religious denomination by a duly accredited practitioner thereof. In the practice of healing by spiritual means, no individual shall hold himself or herself out to the public as possessing a license issued pursuant to this subchapter.
24 Del. C. § 2111 — Delaware Code / Title 24 / Chapter 21 / Section 2111
§ Â
        2111. Certification and registration for successful applicants.
Status: in_force

All persons successfully passing the examinations for licensure as required by the chapter shall be registered in the Board Register, which shall be kept by the Division of Professional Regulation, as licensed to practice optometry and shall also receive an endorsement of such registration.
24 Del. C. § 3701A — Delaware Code / Title 24 / Chapter 37A / Section 3701A
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        3701A. Audiology and Speech-Language Pathology Interstate Compact.
Status: in_force

The State hereby enters into the Audiology and Speech-Language Pathology Interstate Compact (“Compact”) as set forth in this chapter. The text of the Compact is set forth in this chapter.