24 Del. C. § 2122 — Delaware Code / Title 24 / Chapter 21 / Section 2122
§ Â
        2122. Prescription requirements.
Status: in_force

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

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

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

(3) The quantity of the drug prescribed;

(4) The directions for use of the drug;

(5) Date of issue.

(b) For purposes of this chapter, “electronic prescription” means a prescription that is generated on an electronic application and transmitted as an electronic data file. Notwithstanding any other provision of this section or any other law to the contrary, no person licensed under this chapter shall issue any prescription unless such prescription is made by electronic prescription from the person issuing the prescription to a pharmacy in accordance with regulations established by the Board, except for prescriptions issued:

(1) By a veterinarian.

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

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

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

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

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

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

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

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

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

(c) A pharmacist who receives a written, oral or faxed prescription is not required to verify that the prescription properly falls under 1 of the exceptions under subsection (b) of this section, from the requirement to electronically prescribe. Pharmacists may continue to dispense medications from otherwise valid written, oral or fax prescriptions that are otherwise legal.

(d) Optometrists who apply for a provider identifier number for controlled substances shall do so as outlined by the Division of Professional Regulation.

(e) A completed application must provide proof of graduate level coursework that includes general and ocular pharmacology.

(f) Controlled substances registration must include both of the following:

(1) Optometrists must register with the Drug Enforcement Agency [DEA] and use such DEA number for controlled substance prescriptions.

(2) Optometrists must register biennially with the Office of Controlled Substances in accordance with § 4732 of Title 16.
24 Del. C. § 511 — Delaware Code / Title 24 / Chapter 5 / Subchapter II / Section 511
§ Â
        511. Fees.
Status: in_force

The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other State agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.
24 Del. C. § 5306 — Delaware Code / Title 24 / Chapter 53 / Subchapter I / Section 5306
§ Â
        5306. Powers and duties.
Status: in_force

(a) The Board of Massage and Bodywork shall have authority to:

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

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

(3) Designate the written examination to be taken by all persons applying for licensure as massage and bodywork therapists, subject to approval by the Director of the Division;

(4) If the examination is not otherwise available, to provide for the administration of all examinations, including notice and information to applicants. The Board shall adopt a nationally-prepared and administered massage and bodywork therapy examination, subject to approval by the Director of the Division;

(5) Evaluate the credentials of all persons applying for a license to practice massage and bodywork therapy in Delaware and of all persons applying for certification as massage technicians, in order to determine whether such persons meet the qualifications for licensing or certification set forth in this chapter;

(6) Grant licenses to, and renew licenses and certifications of, all persons who meet the qualifications for licensure and/or renewal of licenses; grant certificates to persons who meet the qualifications for massage technicians; and grant licenses to, and renew licenses for, massage establishments;

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

(8) Evaluate certified records to determine whether an applicant for licensure or certification, who previously has been licensed, certified, or registered in another jurisdiction to practice massage and/or bodywork, 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 massage and bodywork therapists and certified massage technicians, or concerning practices of the Board or of the profession, to the Division for investigation pursuant to § 8735 of Title 29; and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint;

(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 massage and bodywork therapist or massage technician 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) When it has been determined, after a disciplinary hearing, that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty;

(12) Adopt rules and regulations concerning advertising by massage and bodywork therapists and massage technicians;

(13) Adopt rules and regulations setting forth unprofessional conduct by massage and bodywork therapists and massage technicians;

(14) Adopt, pursuant to the Board’s rules and regulations, a client disclosure form, which shall be used by all certified massage technicians. The disclosure shall include, at the minimum, a statement that the person providing services is a certified massage technician, and not a licensed massage and bodywork therapist, and, by law, is not authorized to treat medically diagnosed conditions. The disclosure shall be provided to the client at the first session;

(15) Adopt rules and regulations setting forth the requirements pertaining to the licensure, maintenance, and standards of massage establishments; and

(16) Authorize agents of the Division to inspect any massage establishment.

(b) The Department of Health and Social Services shall have the authority to adopt rules and regulations pertaining to the sanitary controls of massage establishments.

(c) The Board of Massage and Bodywork shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of massage and bodywork.
24 Del. C. § 1406 — Delaware Code / Title 24 / Chapter 14 / Subchapter I / Section 1406
§ Â
        1406. Powers and duties [Effective until July 1, 2026].
Status: in_force

(a) The Board of Electrical Examiners 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 process all applications;

(3) Designate the written, standardized examination, approved by the Division, and administered and graded by the testing service, to be taken by all persons applying for licensure; except applicants who qualify for licensure by reciprocity;

(4) Evaluate the credentials of all persons applying for a license as limited electrician, limited electrician special, master electrician, master electrician special, journeyperson electrician and apprentice electrician, in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this chapter.

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

(6) Delegate authority to the Division to grant homeowners’ permits to persons who qualify for such permits;

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

(8) Evaluate certified records to determine whether an applicant for licensure, who previously has been licensed, certified or registered in another jurisdiction as an electrician, 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;

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

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

(11) Grant a license to, and renew the license of, a nonpracticing licensee, as defined in the Board’s rules and regulations, provided the individual does not use the license to perform electrical installations or file inspections, and who in addition, submits proof of completion of biennial continuing education requirements.

(12) Require, if necessary, that a licensed electrician take over the work done by an unlicensed practitioner, or if the work is completed, that the work be inspected by a Board-licensed inspection agency; such work shall be inspected by the inspection agency within 5 working days after receipt of the Board’s request.

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

(b) The Board shall require that all persons receiving a master electrician, master electrician special, limited electrician or limited electrician special license, display on the vehicles used in the performance of their work, the words “Licensed Electrician,” and the number assigned to them, in not less than 3-inch letters and numbers.

(c) The Board of Electrical Examiners shall promulgate regulations specifically identifying those crimes which are substantially related to the work of an electrician.(a) The Board of Electrical Examiners 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 process all applications;

(3) Designate the written, standardized examination, approved by the Division, and administered and graded by the testing service, to be taken by all persons applying for licensure; except applicants who qualify for licensure by reciprocity;

(4) Evaluate the credentials of all persons applying for a license as limited electrician, limited electrician special, master electrician, master electrician special, journeyperson electrician, apprentice electrician, and school apprentice electrician in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this chapter.

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

(6) Delegate authority to the Division to grant homeowners’ permits to persons who qualify for such permits;

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

(8) Evaluate certified records to determine whether an applicant for licensure, who previously has been licensed, certified or registered in another jurisdiction as an electrician, 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;

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

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

(11) Grant a license to, and renew the license of, a nonpracticing licensee, as defined in the Board’s rules and regulations, provided the individual does not use the license to perform electrical installations or file inspections, and who in addition, submits proof of completion of biennial continuing education requirements.

(12) Require, if necessary, that a licensed electrician take over the work done by an unlicensed practitioner, or if the work is completed, that the work be inspected by a Board-licensed inspection agency; such work shall be inspected by the inspection agency within 5 working days after receipt of the Board’s request.

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

(b) The Board shall require that all persons receiving a master electrician, master electrician special, limited electrician or limited electrician special license, display on the vehicles used in the performance of their work, the words “Licensed Electrician,” and the number assigned to them, in not less than 3-inch letters and numbers.

(c) The Board of Electrical Examiners shall promulgate regulations specifically identifying those crimes which are substantially related to the work of an electrician.
24 Del. C. § 3522 — Delaware Code / Title 24 / Chapter 35 / Subchapter III / Section 3522
§ Â
        3522. Appointment of a custodian of patient records.
Status: in_force

(a) If the Board receives a formal or informal complaint concerning access to patient records as a result of a psychologist’s physical or mental incapacity, death, or abandonment or involuntary discontinuation of a psychology practice in this State, the Board may temporarily or permanently appoint an individual or entity as custodian of the psychologist’s patient records after an investigation in accordance with the procedures under § 8735(h) of Title 29.

(b) (1) The custodian of patient records appointed under this section shall notify the psychologist’s patients of record of the custodian’s appointment by doing all of the following:

a. Publishing a notice to that effect in a newspaper of general circulation in the area where the psychologist practiced. The notice must be published at least 1 time per month in the 3-month period after the custodian’s appointment and must explain how a patient can procure the patient’s records.

b. Notifying, by first-class mail, all patients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a. of this section that the custodian has been appointed and explaining how the patient can procure the patient’s records.

(2) Seven years after being appointed, the custodian may permanently dispose of patient records that have not been procured, in a manner that ensures confidentiality of the records.

(c) A custodian of patient records appointed under this section who disposes of patient records in accordance with the provisions of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient’s records.
24 Del. C. § 3901D — Delaware Code / Title 24 / Chapter 39D / Section 3901D
§ Â
        3901D. Purpose.
Status: in_force

The purpose of this Compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work services. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

This Compact is designed to achieve the following objectives:

(1) Increase public access to social work services.

(2) Reduce overly burdensome and duplicative requirements associated with holding multiple licenses.

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

(4) Encourage the cooperation of member states in regulating multistate practice.

(5) Promote mobility and address workforce shortages by eliminating the necessity for licenses in multiple

states by providing for the mutual recognition of other member state licenses.

(6) Support military families.

(7) Facilitate the exchange of licensure and disciplinary information among member states.

(8) Authorize all member states to hold a regulated social worker accountable for abiding by a member

state’s laws, regulations, and applicable professional standards in the member state in which the client is located at the time care is rendered.

(9) Allow for the use of telehealth to facilitate increased access to regulated social work services.
24 Del. C. § 4442 — Delaware Code / Title 24 / Chapter 44 / Subchapter V / Section 4442
§ Â
        4442. Hearing procedures.
Status: in_force

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29 alleging violation of § 4441 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court within 30 days of the day that notice of the decision is mailed, in accordance with the Administrative Procedures Act, § 10142 of Title 29.
24 Del. C. § 3810 — Delaware Code / Title 24 / Chapter 38 / Section 3810
§ Â
        3810. Licensure required.
Status: in_force

No person shall represent oneself or engage in the practice of dietetics and nutrition therapy as a Licensed Dietitian/Nutritionist in this State or use the title “Licensed Dietitian,” “Licensed Nutritionist,” “Nutritionist,” “Dietitian,” use the letters “L.D.N.”, or any combination of above terms and/or abbreviations unless such a person is licensed under this chapter. This chapter does not prohibit or restrict:

(1) Any person licensed in this State under any other act from engaging in the practice for which that person is licensed.

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

(3) The supervised practice of dietetic and nutrition therapy of person pursuing a course of study leading to a degree in dietetics, nutrition or an equivalent major, as authorized by the Board, from a regionally accredited school or program, if the activities and services constitute a part of a supervised course of study and if the person is designated by a title that clearly indicates the person’s status as a student. This period is not to exceed 2 years unless written approval is provided by the Board. The individual will be supervised by an individual licensed under this chapter.

(4) An herbalist, retailer or other person who does not hold himself or herself out to be a dietitian or nutritionist by using 1 or more of the titles restricted by this chapter, who makes recommendations regarding lifestyle, or who markets, distributes, sells, or who recommends, advises, or furnishes nonfraudulent information about, herbs, vitamins, minerals, amino acids, carbohydrates, sugars, enzymes, food concentrates, foods, other food supplements, or dietary supplements. For purposes of this paragraph, “fraud” shall be defined as an intentional misrepresentation for financial gain. Legitimate disagreement about the role of the above-listed nutrients and foods as they apply to human nutrition shall not, in and of itself, constitute fraud.

(5) The practice of the tenets of any religion, sect or denomination whatsoever, provided that a member of such religion, sect or denomination shall not designate himself or herself by any other term or title which implies that such member is engaged in the practice of dietetic and nutrition therapy.

(6) A person presenting a general program of instruction for weight control need not be a Licensed Dietitian/Nutritionist provided the general program is approved in writing by:

a. A dietitian registered by the Commission of Dietetic Registration of the American Dietetic Association; or

b. A licensed physician.

(7) The practice of dietetic and nutrition therapy by a person who is eligible to take the registration examination for dietitians as administered by the Commission of Dietetic Registration, the credentialing agency of the American Dietetic Association. This individual is excluded under this chapter for a period of 1 year upon completion of qualifying experience as set forth by the American Dietetic Association.
24 Del. C. § 904 — Delaware Code / Title 24 / Chapter 9 / Section 904
§ Â
        904. Records.
Status: in_force

(a) Any person desiring to engage in the business described in this chapter shall keep and maintain in the place of business at all times a record in accordance with this section and all applicable federal laws and regulations (including, without limitation, 18 U.S.C. § 921 et seq. and 27 C.F.R. 478.121 et seq.). In such record the businessperson shall enter the date of the sale, the name and address of the person purchasing any deadly weapon, the number and kind of deadly weapon so purchased, the age of the purchaser, the mode of identification bearing a picture (except as provided in § 1448B(f) of Title 11) which shall include but it is not limited to a driver’s license, and any other information as shall be required by federal law and regulation. The record shall at all times be open for inspection by any judge, justice of the peace, police officer, constable or other peace officer of this State.

(b) Any person engaging in the business described in this chapter shall keep and maintain a list of current employees including their names, former names used, dates of birth, physical descriptions and social security numbers. The required employee list and all attachments thereto shall be considered confidential but shall, nevertheless, be open for inspection by any police officer of this State or of any political subdivision of this State, within their respective jurisdiction, at any time, at the licensee’s primary place of business and during the licensee’s regular business hours. No person licensed under this chapter shall knowingly allow any employee who is a person prohibited from possessing a deadly weapon pursuant to § 1448 of Title 11 to facilitate a sale of a deadly weapon. All employers licensed to do business pursuant to this chapter shall, prior to employment and at least once during each calendar year thereafter, perform a telephonic criminal history record check of each employee utilizing the procedures set forth in § 1448A of Title 11 and shall make and maintain a record thereof using the State Bureau of Identification Criminal History Record Information and Mental Health Information Consent Form (Form 544). A copy of each such form shall be attached to the above required employee list for inspection upon the valid request of a police officer of this State or of any political subdivision of this State, within their respective jurisdiction.

(c) Notwithstanding any provision to the contrary, any inspection by a judge, justice of the peace, police officer, constable, or other peace officer of this State shall be reasonable under the circumstances existing at the time and shall only be made pursuant to and in furtherance of an open criminal investigation or during the course of a criminal prosecution.
24 Del. C. § 3013 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3013
§ Â
        3013. Reinstatement of a suspended license; removal from probationary status.
Status: in_force

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

(b) Applicants for reinstatement must pay the fees established by the Board and must submit evidence as required by the Board that all conditions of a suspension and/or probation have been met. Proof that the applicant has met any continuing education requirements of this chapter is also required.
24 Del. C. § 3611 — Delaware Code / Title 24 / Chapter 36 / Subchapter II / Section 3611
§ Â
        3611. Issuance and renewal of licenses.
Status: in_force

(a) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a geologist and who pays the fee established under § 3610 of this title.

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

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

(d) A person licensed pursuant to this chapter, upon written request, may be placed in an inactive status. Such person may reenter practice upon written notification to the Board of the intent to do so and completion of continuing education as required in the Board’s rules and regulations. The Board may establish by regulation provisions for resuming active status.
24 Del. C. § 5208 — Delaware Code / Title 24 / Chapter 52 / Subchapter II / Section 5208
§ Â
        5208. Criminal history background checks.
Status: in_force

(a) Applicants for original licensure, licensure by reciprocity, temporary licensure, registration, or licensure renewal shall 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; and

(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).

(b) The State Bureau of Identification shall be the intermediary for purposes of this section and the Board of Examiners of Nursing Home Administrators shall be the screening point for the receipt of said federal criminal history records.
24 Del. C. § 2010A — Delaware Code / Title 24 / Chapter 20A / Section 2010A
§ Â
        2010A. Data system.
Status: in_force

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

(b) A member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable (utilizing a unique identifier) as required by the rules of the Commission, including:

(1) Identifying information.

(2) Licensure data.

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

(4) Nonconfidential information related to alternative program participation.

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

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

(7) Current significant investigative information.

(c) Current significant investigative information and other investigative information pertaining to a licensee in any member state will only be available to other member states.

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

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

(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
24 Del. C. § 5514 — Delaware Code / Title 24 / Chapter 55 / Section 5514
§ Â
        5514. Violation of chapter as ground for revocation of identification card, license and badge.
Status: in_force

A violation of this chapter shall be cause for revocation of any identification card, license and badge issued thereunder, notwithstanding that the same violation may constitute a misdemeanor or felony.
24 Del. C. § 2917 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2917
§ Â
        2917. Effect of revocation of brokerâs license.
Status: in_force

The revocation of a broker’s license shall automatically suspend every real estate service provider’s license granted to any individual by virtue of employment either directly or indirectly by the broker whose license has been revoked, pending a change of employing broker or brokerage organization and the issuance of a new license. Such new license shall be issued without charge, if granted during the same licensure period in which the licensee’s original license was granted.
24 Del. C. § 1938 — Delaware Code / Title 24 / Chapter 19 / Section 1938
§ Â
        1938. Appointment of a custodian of patient records.
Status: in_force

(a) If the Delaware Board of Nursing receives a formal or informal complaint concerning access to patient records as a result of an APRN’s physical or mental incapacity, death, or abandonment or involuntary discontinuation of a medical practice in this State, the Delaware Board of Nursing may temporarily or permanently appoint an individual or entity as custodian of the APRN’s patient records after an investigation in accordance with the procedures under § 8735(h) of Title 29.

(b) (1) The custodian of patient records appointed under this section shall notify the APRN’s patients of record of the custodian’s appointment by doing all of the following:

a. Publishing a notice to that effect in a newspaper of general circulation in the area where the APRN practiced. The notice must be published at least 1 time per month in the 3-month period after the custodian’s appointment and must explain how a patient can procure the patient’s records.

b. Notifying, by first-class mail, all patients of record who have not requested their records 30 days after publication of the first notice under paragraph (b)(1)a. of this section that the custodian has been appointed and explaining how the patient can procure the patient’s records.

(2) Seven years after being appointed, the custodian may permanently dispose of patient records that have not been procured, in a manner that ensures confidentiality of the records.

(c) A custodian of patient records appointed under this section who disposes of patient records in accordance with the provisions of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient’s records.
24 Del. C. § 5217 — Delaware Code / Title 24 / Chapter 52 / Subchapter II / Section 5217
§ Â
        5217. Complaints.
Status: in_force

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

(b) When it is determined that an individual is engaging, or has engaged, in the practice of nursing home administration, or is using the title “nursing home administrator” or other title implying that the individual is competent to act as a “nursing home administrator” and is not licensed under the laws of this State, the Board shall apply to the Office of the Attorney General to issue a cease and desist order.
24 Del. C. § 1769B — Delaware Code / Title 24 / Chapter 17 / Subchapter V / Section 1769B
§ Â
        1769B. Treatment or examination of minors.
Status: in_force

(a) A parent, guardian or other caretaker, or an adult staff member, shall be present when a person licensed to practice medicine under this chapter provides outpatient treatment to a minor patient who is disrobed or partially disrobed or during an outpatient physical examination involving the breasts, genitalia or rectum, regardless of sex of the licensed person and patient, except when rendering care during an emergency. When using an adult staff member to observe the treatment or examination, the adult staff member shall be of the same gender as the patient when practicable. The minor patient may decline the presence of a third person only with consent of a parent, guardian or other caretaker. The minor patient may request private consultation with the person licensed to practice medicine without the presence of a third person after the physical examination. Every hospital and long-term care facility that provides treatment to minors shall develop and implement policies regarding the treatment of minor patients that are consistent with the purposes of this section and will submit those policies for approval by the Department of Health and Social Services. Violations of approved policies will be treated as a violation of this section.

(b) When a minor patient is to be disrobed, partially disrobed or will undergo a physical examination involving the breasts, genitalia or rectum, a person licensed to practice medicine under this chapter shall provide notice to the person providing consent to treatment of the rights under this section. The notice shall be provided in written form or be conspicuously posted in a manner in which minor patients and their parent, guardian or other caretaker are made aware of the notice. In circumstances in which the posting or the provision to the patient of the written notice would not convey the right to have a chaperone present, the person licensed to practice medicine shall use another means to ensure that the patient or person understands the right under this section.

(c) For the purposes of this section, “minor” is defined as a person 15 years of age or younger, “adult staff member” is defined as a person 18 years of age or older who acting under the direction of the licensed person or the employer of the licensed person or who is otherwise licensed under this chapter, “hospital” has the meaning prescribed by Chapter 10 of Title 16, and “long-term care facility” has the meaning prescribed by Chapter 11 of Title 16.

(d) The person licensed under this chapter that provides outpatient treatment to a minor pursuant to this section shall, contemporaneously with such treatment, note in the child’s medical record the name of each person present when such treatment is being provided.
24 Del. C. § 1817 — Delaware Code / Title 24 / Chapter 18 / Subchapter II / Section 1817
§ Â
        1817. Reinstatement of a suspended license; removal from probationary status.
Status: repealed

(a) The Board may reinstate a suspended license if, after a hearing, the Board is satisfied that the licensee has taken the required corrective actions and has otherwise satisfied all of the conditions imposed pursuant to the license suspension and/or probation period.

(b) An individual seeking license reinstatement and/or removal from probationary status must pay the appropriate fees and submit the documentation required by the Board to show that all the conditions imposed pursuant to the license suspension and/or the probation period have been met. Proof that the individual has met the continuing education requirements of this chapter may also be required.

(c) [Repealed.]
24 Del. C. § 2525A — Delaware Code / Title 24 / Chapter 25 / Subchapter III / Section 2525A
§ Â
        2525A. Human immunodeficiency virus (HIV) pre-exposure prophylaxis and HIV post-exposure prophylaxis [Effective until June 30, 2026].
Status: in_force

(a) Pursuant to a statewide written protocol approved by the Division of Public Health, a pharmacist may initiate, dispense, or administer medications for HIV pre-exposure prophylaxes and for HIV post-exposure prophylaxis, which includes administering laboratory tests, conducting assessments and consultations, and providing referrals,

(b) When initiating therapy for and administering or dispensing HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis under a statewide protocol, a pharmacist must complete a training program approved by the Board within 1 year prior to first-time initiating therapy and administering or dispensing HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis. The training program must include information about all of the following:

(1) Financial assistance programs for HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis.

(2) Relevant federal guidelines regarding HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis.

(c) When initiating therapy for and administering or dispensing HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis to a new patient, a pharmacist may not allow the patient to waive consultation for HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis.

(d) HIV pre-exposure prophylaxis. — (1) Under a statewide protocol, a pharmacist may dispense between a 30-day and 60-day supply of HIV pre-exposure prophylaxis if the all of the following apply:

a. The patient is HIV-negative as documented by a negative HIV test result obtained within the previous 7 days from a test approved by the U.S. Food and Drug Administration.

b. The patient does not report any of the following:

1. Any signs or symptoms of acute HIV infection on a self-reported checklist of acute HIV infection signs and symptoms.

2. Usage of any contraindicated medication.

c. The pharmacist provides counseling to the patient on the ongoing use of HIV pre-exposure prophylaxis, which must include education about all of the following:

1. Side effects.

2. Safety during pregnancy and breastfeeding.

3. Adherence to recommended dosing.

4. The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually-transmitted infections, and pregnancy for individuals of childbearing capacity.

5. The requirement for subsequent prescriptions for HIV pre-exposure prophylaxis issued by a primary-care provider.

d. To the extent possible, the pharmacist documents the services provided by the pharmacist in the patient record system shared with the primary-care provider.

(2) If the test results from a test under paragraph (d)(1)a. of this section are not sent directly to the pharmacist, the pharmacist must verify the test results.

(3) If the patient tests positive for HIV infection from a test under paragraph (d)(1)a. of this section, the pharmacist shall do the following and document in the patient’s record which of the following was done:

a. If the patient has a primary-care provider, send the result of the test to the patient’s primary-care provider after obtaining written permission from the patient to do so.

b. If the patient does not give written permission under paragraph (d)(3)a. of this section or if the patient does not have a primary-care provider, provide a list of providers and clinics in the region that provide care for patients with HIV.

(4) If the patient does not provide evidence of a negative HIV test under paragraph (d)(1)a. of this section, the pharmacist shall initiate and administer an HIV test and interpret the test results prior to initiating any treatment under this subsection.

(e) HIV post-exposure prophylaxis. — (1) Under a statewide protocol, a pharmacist may dispense a course of HIV post-exposure prophylaxis if the pharmacist does all of the following:

a. Screens the patient and determines that the exposure to HIV occurred within the previous 72 hours.

b. Provides HIV testing or determines that the patient is 1 of the following:

1. Willing to undergo HIV testing consistent with federal guidelines.

2. Unwilling to undergo HIV testing but otherwise eligible for HIV post-exposure prophylaxis.

c. Provides counseling to the patient on the ongoing use of HIV post-exposure prophylaxis, which must include education about all of the following:

1. Side effects.

2. Safety during pregnancy and breastfeeding.

3. Adherence to recommended dosing.

4. The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually-transmitted infections, and pregnancy for individuals of childbearing capacity.

5. The availability of HIV pre-exposure prophylaxis for a person who is at a substantial risk of acquiring HIV.

d. To the extent possible, documents the services provided by the pharmacist in the patient record system shared with the primary-care provider.
24 Del. C. § 2910 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2910
§ Â
        2910. Issuance and renewal of licenses; additional licenses; reinstatement.
Status: in_force

(a) The Commission shall issue a license to each applicant who meets the requirements of this chapter for licensure as a real estate service provider and who pays the fees prescribed by the Division.

(b) A licensee may obtain an additional license and become affiliated with an additional broker if the licensee:

(1) Obtains, from an additional broker, a written commitment providing that the licensee shall become affiliated with the broker on the granting of an additional license to the licensee;

(2) Gives each broker with whom the licensee is currently affiliated written notice that the licensee intends to affiliate with an additional broker;

(3) Obtains from the broker with whom the licensee is currently affiliated, and from the additional broker, written approval of the licensee’s intent to affiliate with an additional broker; and

(4) Complies with the application procedures applicable to additional licenses set forth in the rules and regulations.

(c) On or before the biennial date established by the Division, each licensee shall make application to the Commission for a renewal of license and make payment of the fees prescribed by the Division. The renewal application shall be made online, pursuant to the Commission’s rules and regulations.

(d) In addition to the other provisions of this section, each licensee applying for renewal shall be required to successfully complete in the 2-year period prior to the established renewal date continuing education hours in an amount and subject matter as prescribed by the rules and regulations of the Commission. Each licensee at the time of license renewal shall be required to certify to the Commission that he or she has completed the required number of hours in approved courses, seminars and lectures. The Commission shall publish guidelines as to acceptable courses of instruction, seminars and lectures, and shall keep the guidelines current.

(e) At the time of renewal, each licensee shall disclose whether he or she has had any criminal convictions since the last license renewal.

(f) The Commission shall, in its rules and regulations, determine the period of time a licensee may still renew a license if the licensee has failed to renew on or before the established renewal date.

(g) An individual whose license has lapsed may apply to the Commission for reinstatement pursuant to the rules and regulations.
24 Del. C. § 6118 — Delaware Code / Title 24 / Chapter 61 / Section 6118
§ Â
        6118. Exemptions.
Status: repealed

Nothing in this chapter shall be construed to prevent the performance of service and repair of any elevator in any structure by individuals working in a manufacturing or industrial facility, who are all of the following:

(1) Recognized by their company as a person responsible for repairs, maintenance, or service.

(2) [Repealed.]

(3) Working under the supervision of an elevator mechanic or a master electrician with a special elevator license.
24 Del. C. § 2001A — Delaware Code / Title 24 / Chapter 20A / Section 2001A
§ Â
        2001A. Interstate Occupational Therapy Licensure Compact.
Status: in_force

The State hereby enters into the Interstate Occupational Therapy Licensure Compact (“Compact”) as set forth in the chapter. The text of the Compact is as set forth in this chapter.
24 Del. C. § 2102 — Delaware Code / Title 24 / Chapter 21 / Section 2102
§ Â
        2102. Board of Examiners in Optometry; appointment; qualifications; terms of office; vacancies; suspension or removal; unexcused absences; compensation.
Status: in_force

(a) The Delaware State Board of Examiners in Optometry, heretofore established and hereafter in this chapter referred to as the “Board,” shall carry out and enforce this chapter.

(b) The Board shall consist of 5 members appointed by the Governor, who are residents of this State: 3 duly-licensed optometrists engaged in the actual practice of optometry and 2 public members. Said public members: Shall not be or ever have been licensed as an optometrist, ophthalmologist or optician; shall not be a member of the immediate family of an optometrist, ophthalmologist or optician; shall not have been employed by an optometrist, ophthalmologist or optician; shall not have had a material financial interest in the providing of goods and services to those licensed in this chapter; shall not have been engaged in any activity directly related to optometry; and shall not have been licensed in any health-related field or be licensed to practice law.

(c) Said public members shall be accessible to inquiries, comments and suggestions from the general public and shall be entitled to full voting privileges on all aspects of all issues which come before the Board, including the licensing process.

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

(e) Any act or vote by a person appointed in violation of subsection (d) 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 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 optometrists.

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

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

(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. § 301 — Delaware Code / Title 24 / Chapter 3 / Section 301
§ Â
        301. Objectives and functions.
Status: in_force

The primary objective of the Board of Architects, to which all other objectives and purposes are secondary, is to protect the general public (including 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 architect 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 architects regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against architects.
24 Del. C. § 2602C — Delaware Code / Title 24 / Chapter 26C / Section 2602C
§ Â
        2602C. Definitions.
Status: in_force

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

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

(2) “Adverse action” means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.

(3) “Alternative program” means a non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes substance abuse issues.

(4) “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.

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

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

(7) “Encumbered license” means a license that a physical therapy licensing board has limited in any way.

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

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

(10) “Investigative information” means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.

(11) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of physical therapy in a state.

(12) “Licensee” means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.

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

(14) “Party state” means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.

(15) “Physical therapist” means an individual who is licensed by a state to practice physical therapy.

(16) “Physical therapist assistant” means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.

(17) “Physical therapy” , “physical therapy practice” , and “the practice of physical therapy” mean the care and services provided by or under the direction and supervision of a licensed physical therapist.

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

(19) “Physical therapy licensing board” or “licensing board” means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.

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

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

(22) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.
24 Del. C. § 2507 — Delaware Code / Title 24 / Chapter 25 / Subchapter II / Section 2507
§ Â
        2507. License required [Effective until June 30, 2026].
Status: in_force

(a) A person may not, in this State, engage in the practice of pharmacy or hold himself or herself out to the public as being qualified to practice pharmacy, or use in connection with that person’s own name, or otherwise assume or use, a title or description conveying or tending to convey the impression that the person is qualified to practice pharmacy, except as provided in this chapter.

(b) No person who has not been issued a certificate as a pharmacist or who is not a pharmacy intern, or a pharmacy student participating in an approved College of Pharmacy coordinated practical experience program under the direct supervision of a licensed pharmacist, within the meaning of this chapter, shall certify a prescription, perform drug utilization reviews, provide drug information requiring clinical or technical knowledge, counsel patients, receive new verbal prescription orders without recorded backup, or contact a prescriber concerning prescription drug order interpretation or therapy modification. Other responsibilities may be delegated to a certified pharmacy technician or pharmacy technicians who are under the direct supervision of a pharmacist.

(c) It is unlawful for a person to practice pharmacy in this State if the person’s license to practice pharmacy expires, is placed on inactive status, or is suspended or revoked.

(d) The penalty for a violation of this section is, for a first conviction, a fine of not less than $500 nor more than $1000, and for a second or subsequent conviction, a fine of not less than $1000 nor more than $2000.
24 Del. C. § 3002 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3002
§ Â
        3002. Definitions.
Status: in_force

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

(1) “Board” means the Board of Mental Health and Chemical Dependency Professionals.

(2) “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.

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

(4) “Excessive use or abuse of drugs” means any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs a licensee’s ability to perform the work of a licensed mental health or chemical dependency professional.

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

(6) “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.

(7) “Substantially related” means the nature of the criminal conduct, for which a person was convicted, has a direct bearing on the fitness or ability of the person to perform 1 or more of the duties or responsibilities of a licensed mental health, chemical dependency, marriage and family therapy, or art therapy professional.
24 Del. C. § 5610 — Delaware Code / Title 24 / Chapter 56 / Section 5610
§ Â
        5610. Badges.
Status: in_force

A person who holds the office of constable shall have and display on proper demand a badge, approved by the Board, with the word “constable” engraved thereon. A constable may have and display such badge only while on duty and while in the performance of the lawful duties of employment. The name of the person, firm, corporation, civic association, or governmental entity employing the constable shall be plainly inscribed on such badge. Only state agencies may use the State Seal on any constable uniform, equipment, or badge.
24 Del. C. § 1799K — Delaware Code / Title 24 / Chapter 17 / Subchapter XI / Section 1799K
§ Â
        1799K. Provisional license.
Status: in_force

(a) The Board may issue a provisional license to practice genetic counseling to a candidate for licensure who has been granted active candidate status by the ABGC, provided the candidate meets the other qualifications for licensure listed in § 1799J of this title.

(b) The provisional license shall be valid for up to 1 year from the date it was issued, and may be renewed for 1 additional year if the applicant fails the certification examination. The provisional license automatically expires:

(1) When the applicant is issued a license; or

(2) On the expiration date printed on the provisional license; or

(3) Upon notice of the second failure of the certification examination.

(c) An application for extension of a provisional license must be signed by the applicant’s supervisor. A genetic counselor working under a provisional license must be under the general supervision of a licensed genetic counselor or a licensed physician. If a candidate fails to pass the exam 2 times within this provision, they may reapply for provisional licensure after regaining active candidate status by the ABGC or another organization acceptable to the Board. The Board may establish in its rules additional requirements relating to provisional licensure.
24 Del. C. § 4025 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4025
§ Â
        4025. Owner requirements for appraisal management companies.
Status: in_force

(a) An appraisal management company applying for registration may not be owned by a person or have any principal of the company who has had any financial, real estate or mortgage lending industry license or certificate refused, denied, canceled, revoked or voluntarily surrendered in this State or in any other state, unless such license or certificate was subsequently granted or reinstated. This requirement may be waived by appeal and at the discretion of the Council.

(b) Each person that owns an appraisal management company in this State shall:

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

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

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

c. An applicant may not be registered until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction that is substantially related to the practice of real estate appraisal may not be registered by the Council unless a waiver is granted pursuant to § 4008(a)(4) of this title. The State Bureau of Identification may release any subsequent criminal history to the Council.

(2) Certify to the Council that the person has never had any financial, real estate or mortgage lending industry license or certificate refused, denied, canceled, revoked or voluntarily surrendered in this State or in any other state, unless such license or certificate was subsequently granted or reinstated. This requirement may be waived by appeal and at the discretion of the Council.
24 Del. C. § 5308 — Delaware Code / Title 24 / Chapter 53 / Subchapter II / Section 5308
§ Â
        5308. Qualifications of applicant; report to Attorney General; judicial review.
Status: repealed

(a) An applicant who is applying for licensure as a massage and bodywork therapist under this chapter must submit evidence, verified by oath and satisfactory to the Board, that all of the following apply to the applicant:

(1) Is at least 18 years of age.

(2) a. For an applicant who began a massage program before July 1, 2024, has completed 500 hours of supervised in-class study as a student in a school which trains massage or bodywork therapists, or as a student in an approved program of massage or bodywork therapy and the school or program of training included a curriculum of no less than all of the following:

1. One hundred hours of anatomy and physiology.

2. Three hundred hours of technique and theory of massage or bodywork therapy.

3. Seventy-five hours of elective courses in the field of massage therapy.

4. Twenty-five hours of ethics, law, and contraindications.

b. For an applicant who began a massage program on or after July 1, 2024, has completed 625 hours of supervised in-class study as a student in a school which trains massage or bodywork therapists, or as a student in an approved program of massage or bodywork therapy and the school or program of training included a curriculum of no less than all of the following:

1. One hundred hours of anatomy and physiology.

2. Three hundred hours of technique and theory of massage or bodywork therapy.

3. Two hundred hours of elective courses in the field of massage therapy.

4. Twenty-five hours of ethics, law, and contraindications.

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

(4) Has passed a state-certified examination in cardiopulmonary resuscitation (CPR) training and possesses current CPR certification. Individuals who have lower limb amputee status are exempt from the requirement to possess current CPR certification.

(5) Has not engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter.

(6) Has no disciplinary proceedings or unresolved complaints pending against that person in any jurisdiction where the applicant has previously been or currently is licensed to practice massage or bodywork therapy, or both.

(7) Has not been the recipient of any administrative penalties regarding that person’s practice of massage and bodywork therapy, including any of the following:

a. Fines.

b. Formal reprimands.

c. License suspensions or revocation for a reason other than for nonpayment of license renewal fees.

d. Probationary limitations.

e. Entering into any “consent agreements” which contain conditions placed by a Board on that person’s professional conduct and practice, including any voluntary surrender of a license. The Board may determine, after a hearing, whether such administrative penalty is grounds to deny licensure.

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

(9) Has not been convicted of a crime that is substantially related to the practice of massage and bodywork. In determining whether a crime is substantially related to the practice of massage and bodywork, the Board shall observe the limitations set forth under § 8735(x)(4) of Title 29, with the exception of a conviction for any felony sexual offense as defined under § 761 of Title 11 or unlawful sexual contact in the third degree as defined under § 767 of Title 11, which may be considered regardless of the passage of time since the date of conviction. If after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board, by an affirmative vote of a majority of the quorum, or during the time period between Board meetings, the Board President or the President’s designee, determines that granting a waiver would not create an unreasonable risk to public safety, the Board, Board President, or President’s designee shall waive this paragraph (a)(9). A waiver may not be granted for a conviction of a felony sexual offense.

a.-e. [Repealed.]

(10) Notwithstanding the time limitation under § 8735(x)(4) of Title 29, has not been convicted of a felony sexual offense as defined under § 761 of Title 11.

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

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

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

c. An applicant may not be licensed to practice as a massage therapist until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction that is substantially related to the practice of massage and bodywork may not be licensed by the Board unless a waiver is granted under paragraph (a)(9) of this section.

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

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

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

(e) Foreign-trained applicants must provide evidence of training and supervision essentially comparable to that cited in paragraph (a)(2) of this section.

(f) All individuals licensed to practice as massage therapists in this State shall be required to be fingerprinted by the State Bureau of Identification, at the licensee’s expense, for the purposes of performing subsequent criminal background checks. Licensees shall submit by January 1, 2014, at the applicant’s expense, fingerprints and other necessary information in order to obtain a criminal background check.
24 Del. C. § 515 — Delaware Code / Title 24 / Chapter 5 / Subchapter II / Section 515
§ Â
        515. Grounds for discipline.
Status: in_force

(a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 516 of this title, if, after a hearing, the Board finds that the podiatrist:

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

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

(3) Has been convicted of any offense, the circumstances of which substantially relate to the practice of podiatry. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor.

(4) Has excessively used or abused drugs either in the past 3 years or currently.

(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 his or her license as a podiatrist 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 podiatrist in this State shall be deemed to have given consent to the release of this information by the Board of Podiatry, 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 maintained a facility in an unsanitary or unsafe condition. For purposes of this section, “facility” shall have the same meaning as defined in § 122(3)y.3.C. of Title 16.

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

(10) Has a physical condition such that the performance of podiatry 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 shall be restricted, suspended or revoked by the Board, and no practitioner’s right to practice podiatry 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].

(c) The Division shall have the authority to conduct inspections upon receipt of any complaint in connection with paragraph (a)(8) of this section or upon the occurrence of an adverse event as defined in § 122(3)y.3.A. of Title 16 and, as applicable, refer such information to the Department of Health and Social Services pursuant to 122(3)y. of Title 16. In connection herewith, the Division may share information with the Department of Health and Social Services in accordance with applicable law.
24 Del. C. § 3042 — Delaware Code / Title 24 / Chapter 30 / Subchapter III / Section 3042
§ Â
        3042. License requirements; professional designation.
Status: in_force

(a) No person shall hold himself or herself out to the public as a licensed chemical dependency professional or present, call or represent himself or herself as a licensed chemical dependency professional unless licensed under this chapter.

(b) No person shall assume, represent that person’s own self as or use the title of “licensed chemical dependency professional,” or any of the abbreviations of the above title unless licensed under this chapter and unless the title of designation corresponds to the license held by the person pursuant to this chapter.

(c) A licensed chemical dependency professional pursuant to the provisions of this chapter, or the licensed chemical dependency professional’s employee, shall not disclose any confidential information that the counselor or the counselor’s employee may have required while performing alcohol and drug counseling services for a patient unless in accordance with the federal regulation regarding the Confidentiality of Alcohol and Drug Abuse Patient Records pursuant to 42 C.F.R. 2.1 et seq.
24 Del. C. § 4032 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4032
§ Â
        4032. Payment.
Status: in_force

Except in cases of breach of contract or substandard performance of services, each appraisal management company shall make payment to an independent appraiser for the completion of an appraisal or valuation assignment within 45 days after the date on which the independent appraiser transmits or otherwise provides the completed appraisal or valuation study to the appraisal management company or its assignee.
24 Del. C. § 2603 — Delaware Code / Title 24 / Chapter 26 / Section 2603
§ Â
        2603. Examining Board of Physical Therapists and Athletic Trainers â Appointment; vacancies; suspension or removal; unexcused absences; qualifications; term of office; compensation of officers.
Status: in_force

(a) There is hereby created the State Examining Board of Physical Therapists and Athletic Trainers. The Board shall consist of 10 members, all of whom shall be residents of Delaware. Four members shall be physical therapists licensed to practice in Delaware, provided they have worked at least 3 years in Delaware as physical therapists immediately preceding their appointment. One member shall be a physical therapist assistant, licensed to practice in Delaware, provided he or she has worked at least 3 years in Delaware as a physical therapist assistant immediately preceding his or her appointment. Two members shall be athletic trainers licensed to practice in Delaware, provided they have worked at least 3 years in Delaware as athletic trainers immediately preceding their appointment. Three members shall be from the public who are not physical therapists, physical therapy assistants, or athletic trainers and who shall not be related to any person actively engaged in said professions in the State, nor shall said members have any interest in a business or institution engaged in physical therapy or athletic training.

(b) The Governor shall appoint the members to serve on the Board. In appointing persons to fill vacancies in the 10 Board positions designated to be held by persons licensed under this chapter, the Governor may select members who reside in different regions in the State in an effort to provide statewide representation of physical therapists, physical therapist assistants and athletic trainers.

(c) Appointments shall be made for terms of 3 years. A member appointed to fill a vacancy occurring otherwise than by expiration of a term shall be appointed for the remainder of the unexpired term, except that each member shall serve until a successor is duly appointed and qualified.

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

(e) Any act or vote by a person appointed in violation of subsection (d) 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 amendment or revision amends this section to permit such an appointment.

(f) 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.

(g) No member of the Board, while serving on the Board, shall hold elected office in any professional association of physical therapists, physical therapist assistants, or athletic trainers.

(h) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetence, or neglect of duty. A member subject to a 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.

(i) A member who is absent without adequate reason for 3 consecutive meetings or fails to attend at least half of all regular business meetings during any calendar year shall be guilty of neglect of duty.
24 Del. C. § 4443 — Delaware Code / Title 24 / Chapter 44 / Subchapter V / Section 4443
§ Â
        4443. Disciplinary sanctions.
Status: in_force

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 or more of the conditions or violations set forth in § 4441 of this title applies to a practitioner:

(1) Issue a letter of reprimand;

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

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

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

(3) Impose a monetary penalty as set forth in § 4445(c) of this title;

(4) Suspend any practitioner’s license or certificate.

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

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

(c) Where the Board has placed a practitioner on probationary status under certain restrictions or conditions and the Board has determined that such restrictions or conditions are being or have been violated by the practitioner, it may, after a hearing on the matter, suspend or revoke the practitioner’s license or certificate.
24 Del. C. § 5512 — Delaware Code / Title 24 / Chapter 55 / Section 5512
§ Â
        5512. Surrender of expired, revoked or suspended identification cards, licenses and badges; penalty.
Status: in_force

Any person to whom an identification card, license and badge may be issued in accordance with this chapter shall surrender such items and all duplicate copies thereof, which have expired or have been revoked or suspended to the Professional Licensing Section of the Delaware State Police.
24 Del. C. § 2543 — Delaware Code / Title 24 / Chapter 25 / Subchapter V / Section 2543
§ Â
        2543. Hearings and appeals to Superior Court [Effective until June 30, 2026].
Status: in_force

A person aggrieved by a Board decision made pursuant to this subchapter has the substantive and procedural rights to notice, hearing, and appeal described in § 2531 of this title.
24 Del. C. § 1423 — Delaware Code / Title 24 / Chapter 14 / Subchapter III / Section 1423
§ Â
        1423. Duty to report.
Status: in_force

(a) An owner, operator, manager, or supervisor of a business performing electrical services shall have a duty to report to the Board, if such owner, operator, manager, or supervisor has knowledge that a person working for or under his or her supervision is:

(1) Performing electrical work; and

(2) Does not have the proper license under subchapter II of this chapter.

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

(c) An owner, operator, manager, or supervisor of a business performing electrical services must check to see if an employee or independent contractor has the proper license under subchapter II of this chapter before allowing such employee or independent contractor to perform electrical work for such owner, operator, manager or supervisor.
24 Del. C. § 2544 — Delaware Code / Title 24 / Chapter 25 / Subchapter V / Section 2544
§ Â
        2544. Inspections [Effective until June 30, 2026].
Status: in_force

Inspections of pharmaceutical establishments are conducted in the same manner as inspections of pharmacies pursuant to § 2534 of this title and, in addition, include the inspection of and activities related to toilet preparations, dentifrices, and cosmetics.
24 Del. C. § 3712A — Delaware Code / Title 24 / Chapter 37A / Section 3712A
§ Â
        3712A. Oversight, dispute resolution, and enforcement.
Status: in_force

(a) Dispute resolution. —

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

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

(b) Enforcement. —

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

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

(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
24 Del. C. § 5218 — Delaware Code / Title 24 / Chapter 52 / Subchapter II / Section 5218
§ Â
        5218. 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 § 5216 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.

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

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

(d) When a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety.
24 Del. C. § 3015A — Delaware Code / Title 24 / Chapter 30A / Section 3015A
§ Â
        3015A. Binding effect of Compact and other laws.
Status: in_force

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

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

(c) Any laws in a member state in conflict with the Compact are superseded to the extent of the conflict.

(d) Any lawful actions of the Commission, including all rules and bylaws properly promulgated by the Commission, are binding upon the member states.

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

(f) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
24 Del. C. § 6002 — Delaware Code / Title 24 / Chapter 60 / Section 6002
§ Â
        6002. Authorization to practice by telehealth and telemedicine.
Status: in_force

(a) Health-care providers licensed by the following professional licensing boards existing under this title are authorized to deliver health-care services by telehealth and telemedicine subject to the provisions of this chapter:

(1) The Board of Podiatry created pursuant to Chapter 5 of this title.

(2) The Board of Chiropractic created pursuant to Chapter 7 of this title.

(3) The Board of Medical Licensure and Discipline created pursuant Chapter 17 of this title.

(4) The State Board of Dentistry and Dental Hygiene created pursuant to Chapter 11 of this title.

(5) The Delaware Board of Nursing created pursuant to Chapter 19 of this title.

(6) The Board of Occupational Therapy Practice created pursuant to Chapter 20 of this title.

(7) The Board of Examiners in Optometry created pursuant to Chapter 21 of this title.

(8) The Board of Pharmacy created pursuant to Chapter 25 of this title.

(9) The Board of Mental Health and Chemical Dependency Professionals created pursuant to Chapter 30 of this title.

(10) The Board of Examiners of Psychologists created pursuant to Chapter 35 of this title.

(11) The State Board of Dietetics/Nutrition created pursuant to Chapter 38 of this title.

(12) The Board of Social Work Examiners created pursuant to Chapter 39 of this title.

(b) A professional licensing board listed in subsection (a) of this section may promulgate or revise rules applicable to health-care providers under the professional licensing board’s jurisdiction to facilitate the provision of telehealth and telemedicine services consistent with this chapter.

(c) A health-care provider licensed in a state that has not adopted an interstate compact applicable to the health-care provider may only provide telehealth under this chapter if the health-care provider obtains an interstate telehealth registration from the Division of Professional Regulation. A health-care provider is eligible for an interstate telehealth registration only if all of the following requirements are continuously met:

(1) The health-care provider holds a valid, active license issued by another state’s licensing authority or board.

(2) The health-care provider is licensed in good standing in all states in which the health-care provider is licensed.

(3) The health-care provider is not the subject of an administrative complaint which is currently pending before another state’s licensing authority or board.

(4) The health-care provider is not currently under investigation by another state’s licensing authority or board, or any authority in this State.

(d) A health-care provider who obtains an interstate telehealth registration under subsection (c) of this section consents and agrees to be subject to all of the following:

(1) The law of this State regarding the health-care provider’s profession in this State, including all provisions of Title 11, Title 16, and this title, and all regulations of this State.

(2) The judicial system of this State, which includes consenting and agreeing to be subject to the personal jurisdiction of the courts of this State under Chapter 31 of Title 10.

(3) All profession conduct rules and standards incorporated into the practice act for the health-care provider’s profession.

(4) The jurisdiction of the applicable licensing board in this State, including the board’s complaint, investigation, and hearing process. Any discipline imposed by a licensing board in this State may be reported to the applicable National Practitioner Database, as well as to every jurisdiction in which the health-care provider holds a license.
24 Del. C. § 1626 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1626
§ Â
        1626. Offenses.
Status: in_force

Unless otherwise provided, all violations of this chapter are misdemeanors.
24 Del. C. § 4106 — Delaware Code / Title 24 / Chapter 41 / Subchapter I / Section 4106
§ Â
        4106. Powers and duties.
Status: in_force

(a) The Board of Home Inspectors shall have authority to:

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

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

(3) Designate the written, standardized examination to be taken by all persons applying for licensure and certification. The Board shall determine whether to use an exam that is prepared by a national entity. Applicants who qualify for licensure or certification by reciprocity shall have achieved a passing score on all parts of the designated examination or a comparable, alternative national or regional examination, if the designated examination was not available at the time of the applicant’s original licensure;

(4) Evaluate the credentials of all persons applying for a license as a home inspector in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this chapter;

(5) Grant licenses to, and renew licenses of, all persons who meet the qualifications for licensure and delegate license issuance to the Division for applications that meet criteria established by the Board and the Director;

(6) Register applicants as home inspector trainees;

(7) Issue temporary licenses to persons who qualify;

(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 as a home inspector, 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 home inspectors or concerning practices of the Board or of the profession, to the Division for investigation pursuant to § 8735 of Title 29; and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint;

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

(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.

(b) The Board of Home Inspectors shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of home inspection.
24 Del. C. § 2001 — Delaware Code / Title 24 / Chapter 20 / Subchapter I / Section 2001
§ Â
        2001. Objectives.
Status: in_force

(a) The primary objective of the Board of Occupational Therapy Practice, 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 occupational practices which tend to reduce competition or fix the price of services rendered.

(b) The secondary objectives of the Board are to maintain minimum standards of licensee competency and certain standards in the delivery of services to the public. In meeting its objectives, the Board shall do all of the following:

(1) Develop standards assuring professional competence.

(2) Monitor complaints brought against licensees regulated by the Board.

(3) Adjudicate at formal hearings.

(4) Promulgate rules and regulations.

(5) Impose sanctions where necessary against licensees.

(c) Nothing in this chapter is a direct or indirect commitment by the General Assembly to a present or future requirement that insurers or other third parties must offer or provide coverage for the services of licensees.
24 Del. C. § 5408 — Delaware Code / Title 24 / Chapter 54 / Section 5408
§ Â
        5408. Registration and renewal fees.
Status: in_force

An application for registration or renewal of registration as an athlete agent must be accompanied by a fee in an amount set by the Secretary that approximates and reasonably reflects all costs necessary to defray the Secretary’s expenses related to the administration of this chapter.
24 Del. C. § 5216 — Delaware Code / Title 24 / Chapter 52 / Subchapter II / Section 5216
§ Â
        5216. Grounds for discipline.
Status: in_force

(a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 5218 of this title, if, after a hearing, the Board finds that the nursing home administrator:

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

(2) Has illegally, incompetently or negligently practiced nursing home administration;

(3) Has been convicted of any offense, which is substantially related to the practice of nursing home administration. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefore;

(4) Has excessively used or abused drugs either in the past 2 years or currently;

(5) Has engaged in an act of abuse, neglect, mistreatment or financial exploitation of a nursing home resident or patient;

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

(7) Has had that practitioner’s own license as a nursing home administrator 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 nursing home administrator in this State shall be deemed to have given consent to the release of this information by the Board of Examiners of Nursing Home Administrators 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 own license as a nursing home administrator in another state has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof; or

(9) Has a physical condition such that the performance of nursing home administration is or may be injurious or prejudicial to the public.

(b) Subject to the provisions of subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no practitioner’s right to practice nursing home administration 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. § 2934 — Delaware Code / Title 24 / Chapter 29 / Subchapter II / Section 2934
§ Â
        2934. Commencement and termination of duties.
Status: in_force

(a) Commencement of duties for a statutory agent. — The duties of confidentiality as required by § 2936(c) of this title begin upon first contact between a licensee and the customer. The other statutory duties between a licensee and client as required by this subchapter begin upon the earlier of:

(1) The first scheduled appointment;

(2) The first showing of a property;

(3) Making an offering; or

(4) Otherwise working for the client;

unless a CIS is signed indicating there is no agency relationship. For transactions exempt from providing the CIS, the duties of the agent commence when the parties form an agency relationship.

(b) Duties of a statutory agent after termination. — A licensee and brokerage organization owe no further duty or obligation to the customer or client after termination, expiration, completion or performance of the transaction or other termination of the brokerage relationship, except the duties of:

(1) Accounting in a timely manner for all money and property related to, and received during the relationship; and

(2) Treating as confidential the information provided by the customer or client during the course of the relationship that may reasonably be expected to have a negative impact on the customer or client’s real estate activity unless:

a. The customer or client to whom the information pertains grants written consent;

b. Disclosure of the information, such as defects actually known by the licensee or previously disclosed by the seller on the seller’s disclosure of real property condition report or radon disclosure or any other statutorily required form, is required by law;

c. The information is made public or becomes public by the words or conduct of the customer or client to whom the information pertains or from a source other than the licensee or brokerage organization; or

d. Disclosure is necessary to defend the licensee or brokerage organization against an action of wrongful conduct in an administrative or judicial proceeding or before a committee of a professional association.
24 Del. C. § 118 — Delaware Code / Title 24 / Chapter 1 / Section 118
§ Â
        118. Disciplinary sanctions.
Status: in_force

(a) The Board may impose any of the following sanctions or take any of the following actions, singly or in combination, when it finds that 1 or more of the conditions or violations set forth in § 117 of this title applies to a certificate or permit holder or to an individual or firm with practice privileges under § 109 of this title:

(1) Issue a letter of reprimand;

(2) Censure the certificate or permit holder or individual or firm with practice privileges under § 109 of this title;

(3) Suspend the certificate or permit to practice or the practice privilege of the individual or firm;

(4) Place the certificate or permit holder or the practice privilege holder on probationary status and require him or her to:

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

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

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

(5) Revoke the certificate or permit to practice or practice privilege of an individual or firm;

(6) Impose a fine of up to $10,000 for each offense, at the discretion of the Board; and/or

(7) Require the certificate or permit holder or practice privilege holder or firm to reimburse the Division for the cost of the investigation, including but not limited to, legal assistance, public hearings, materials, human resources, contractual assistance and appropriate salary and overtime pay for all state employees involved notwithstanding merit system laws or regulations to the contrary.

(b) The Board may refuse or reject an applicant for a permit to practice if, after a hearing, the Board finds that an applicant has misstated or misrepresented a material fact in connection with the applicant’s application; has violated any section of the AICPA Code of Professional Conduct; or practiced public accountancy or certified public accountancy without being registered in accordance with this chapter.

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

(d) Upon an application (or petition), in writing, and after notice and a hearing, the Board may issue a new permit to practice or a practice privilege to a person or firm whose certificate or permit or practice privilege has been revoked or suspended or modify the terms of any suspension.

(e) In the event of a formal or informal complaint concerning the activity of a certificate or permit holder that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s certificate or permit, 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 certificate or permit 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 certificate or permit 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 certificate or permit.
24 Del. C. § 3912D — Delaware Code / Title 24 / Chapter 39D / Section 3912D
§ Â
        3912D. Rulemaking.
Status: in_force

(a) The Commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the Compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the Compact, or the powers granted hereunder, or based upon another applicable standard of review.

(b) The rules of the Commission shall have the force of law in each member state, provided however that where the rules of the Commission conflict with the laws of the member state that establish the member state’s laws, regulations, and applicable standards that govern the practice of social work as held by a court of competent jurisdiction, the rules of the Commission shall be ineffective in that state to the extent of the conflict.

(c) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules shall become binding on the day following adoption or the date specified in the rule or amendment, whichever is later.

(d) If a majority of the legislatures of the member states rejects a rule or portion of 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.

(e) Rules shall be adopted at a regular or special meeting of the Commission.

(f) Prior to adoption of a proposed rule, the Commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.

(g) Prior to adoption of a proposed rule by the Commission, and at least 30 days in advance of the meeting at which the Commission will hold a public hearing on the proposed rule, the Commission shall provide a notice of proposed rulemaking:

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

(2) To persons who have requested notice of the Commission’s notices of proposed rulemaking.

(3) In such other ways as the Commission may by rule specify.

(h) The notice of proposed rulemaking shall include:

(1) The time, date, and location of the public hearing at which the Commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the Commission will consider and vote on the proposed rule.

(2) If the hearing is held via telecommunication, video conference, or other electronic means, the Commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking.

(3) The text of the proposed rule and the reason therefor.

(4) A request for comments on the proposed rule from any interested person.

(5) The manner in which interested persons may submit written comments.

(i) All hearings will be recorded. A copy of the recording and all written comments and documents received by the Commission in response to the proposed rule shall be available to the public.

(j) 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.

(k) The Commission shall, by majority vote of all members, take final action on the proposed rule based on the rulemaking record and the full text of the rule.

(1) The Commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.

(2) The Commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.

(3) The Commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (l) of this section, the effective date of the rule shall be no sooner than 30 days after issuing the notice that it adopted or amended the rule.

(l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule with 48 hours’ notice, with opportunity to comment, 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 one that must be adopted immediately in order to do any of the following:

(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 a rule that is established by federal law or rule.

(4) Protect public health and safety.

(m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule 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 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.

(n) No member state’s rulemaking requirements shall apply under this Compact.
24 Del. C. § 5411 — Delaware Code / Title 24 / Chapter 54 / Section 5411
§ Â
        5411. Student athleteâs right to cancel.
Status: in_force

(a) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than 14 days after the contract is signed.

(b) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may not waive the right to cancel an agency contract.

(c) If a student athlete, parent, or guardian cancels an agency contract, the athlete, parent, or guardian is not required to pay any consideration under the contract or return any consideration received from the athlete agent to influence the athlete to enter into the contract.
24 Del. C. § 4108 — Delaware Code / Title 24 / Chapter 41 / Subchapter II / Section 4108
§ Â
        4108. Qualifications of applicant; report to Attorney General; judicial review.
Status: repealed

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

(1) Has successfully completed high school or its equivalent;

(2) Has passed a written, standardized examination as designated by the Board;

(3) Has acquired the required training and experience requirements for licensure as may be established by the Board, including any educational courses of study as established by the Board;

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

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

(6) Has not been convicted of a crime that is substantially related to the practice of home inspection; 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)(6).

a.-d. [Repealed.]

(7) Has no disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has previously been or currently is licensed, certified, or registered.

(8) Has provided evidence that the applicant or the applicant’s employer has and will maintain liability and errors and omissions insurance in the form and minimum amount to be determined by the Board in its rules and regulations.

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

(c) Where the application of a person that is not under investigation in this or any other jurisdiction has been refused or rejected and such applicant feels that the Board has acted without justification, has imposed higher or different standards for the applicant than for other applicants, registrants, or licensees, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

(d) A person already engaged in the business of performing home inspections as of August 6, 2013, is allowed until November 4, 2013, to comply with the provisions of this chapter for the purpose of qualifying to perform home inspections. Such person will qualify for a license without being required to satisfy paragraphs (a)(1), (a)(2), and (a)(3) of this section if such person can document to the satisfaction of the Board that such person has conducted not fewer than 250 home inspections in Delaware for compensation or has been engaged in the practice of home inspection for compensation for not fewer than 5 years prior to August 6, 2013. Nothing in this subsection (d) shall exempt a licensed home inspector from complying with any continuing education requirements for licensed home inspectors as may be established by the Board.
24 Del. C. § 6108 — Delaware Code / Title 24 / Chapter 61 / Section 6108
§ Â
        6108. Reciprocity.
Status: in_force

(a) Upon payment of the appropriate fee and the submission and acceptance of an application, the Board shall grant a license to an applicant who presents proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States whose standards for licensure are substantially similar to those of this State, as defined in § 6107(a) of this title.

(b) An individual with a license from a state with less stringent requirements than those of this State may obtain a license through reciprocity if the individual can prove to the satisfaction of the Board that the individual has worked in another jurisdiction or jurisdictions in the field for which the individual is seeking a license in Delaware for a minimum of 5 years after licensure.

(c) An applicant seeking licensure by reciprocity must submit evidence verified by oath or other certification that, in all states in which the applicant is or was licensed, the applicant’s license is in good standing.
24 Del. C. § 4011 — Delaware Code / Title 24 / Chapter 40 / Subchapter II / Section 4011
§ Â
        4011. Reciprocity.
Status: in_force

(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Council, the Council shall grant a license to each applicant, who shall present proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States, whose standards for licensure are substantially similar to those of this State.

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

(c) An applicant, who is a graduate of a foreign college or university, and who is not licensed in another state, the District of Columbia, or territory of the United States, shall submit a certified copy of the applicant’s college or university record for evaluation by the Council, in addition to fulfilling the applicable requirements for licensure of §§ 4008 and 4009 of this title.
24 Del. C. § 5613 — Delaware Code / Title 24 / Chapter 56 / Section 5613
§ Â
        5613. Judicial review.
Status: in_force

(a) A constable aggrieved by a decision of the Board under § 5612 of this title may obtain a review of such decision by filing an appeal with the Superior Court no later than 30 days after the Board’s decision.

(b) Any party to the proceeding before the Board’s hearing panel may intervene in the Superior Court appeal process.

(c) No objections not raised before the Board’s hearing panel shall be considered by the Superior Court, unless the failure or neglect to raise such objections is excused because of extraordinary circumstances or where the interests of justice so require.

(d) An appeal to the Superior Court shall be an appeal on the record.
24 Del. C. § 1175 — Delaware Code / Title 24 / Chapter 11 / Subchapter IV / Section 1175
§ Â
        1175. Filing of false documents or forged affidavits; penalty.
Status: in_force

Whoever files or attempts to file as that person’s own the diploma, certificate or license of another or a forged, false affidavit of identification or qualification is guilty of a felony and shall be fined not less than $1,000 nor more than $5,000 and imprisoned not more than 5 years.
24 Del. C. § 1712 — Delaware Code / Title 24 / Chapter 17 / Subchapter II / Section 1712
§ Â
        1712. Quorum.
Status: in_force

(a) A quorum for the transaction of business consists of 9 members of the Board entitled to vote. An affirmative vote of at least 5 members of the quorum is required to take any action that the Board has the power to take, unless otherwise expressly provided in this chapter, including the express provisions in subsection (b) of this section.

(b) An affirmative vote of at least 7 members of the Board present and voting at a meeting is required to adopt a regulation which can deprive a physician of the physician’s certificate to practice medicine or subject a physician to disciplinary action.
24 Del. C. § 4036 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4036
§ Â
        4036. Disciplinary hearing.
Status: in_force

(a) The Council may conduct disciplinary proceedings in accordance with subchapter III of Chapter 101 of Title 29.

(b) The written notice required by subchapter III of Chapter 101 of Title 29 shall be satisfied by personal service on the controlling person of the registrant or the registrant’s agent for service of process in this State or by sending the notice by certified mail to the controlling person of the registrant to the registrant’s address on file with the Council.
24 Del. C. § 1629 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1629
§ Â
        1629. Presence of minors prohibited; penalties.
Status: in_force

(a) It shall be unlawful for an owner, manager, operator, procurer, employee or independent contractor of an adult entertainment establishment to knowingly admit or allow to remain on the premises of such establishment an individual under the age of 18 years.

(b) Any person who violates this section shall be fined in the amount of $1,000 for the first conviction, and in the amount of $5,000 for each subsequent conviction.

(c) It shall be an affirmative defense to a prosecution under this section that the minor presented to the accused identification, with a photograph of such minor affixed thereon, which identification sets forth information which would lead a reasonable person to believe such individual was 18 years of age or older.
24 Del. C. § 1709B — Delaware Code / Title 24 / Chapter 17B / Section 1709B
§ Â
        1709B. Data system.
Status: in_force

(a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated data and reporting system containing licensure, adverse action, and the reporting of the existence of significant investigative information on all licensed physician assistants and applicants denied a license in participating states.

(b) Notwithstanding any other state law to the contrary, a participating state shall submit a uniform data set to the data system on all physician assistants to whom this Compact is applicable (utilizing a unique identifier) as required by the rules of the Commission, including:

(1) Identifying information.

(2) Licensure data.

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

(4) Any denial of application for licensure, and the reason(s) for such denial (excluding the reporting of any criminal history record information where prohibited by law).

(5) The existence of significant investigative information.

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

(c) Significant investigative information pertaining to a licensee in any participating state shall only be available to other participating states.

(d) The Commission shall promptly notify all participating states of any adverse action taken against a Licensee or an individual applying for a License that has been reported to it. This adverse action information shall be available to any other participating state.

(e) Participating states contributing information to the data system may, in accordance with state or federal law, designate information that may not be shared with the public without the express permission of the contributing state. Notwithstanding any such designation, such information shall be reported to the Commission through the data system.

(f) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the participating state contributing the information shall be removed from the data system upon reporting of such by the participating state to the Commission.

(g) The records and information provided to a participating state pursuant to this Compact or through the data system, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a participating state.
24 Del. C. § 2703 — Delaware Code / Title 24 / Chapter 27 / Subchapter I / Section 2703
§ Â
        2703. Board of Professional Land Surveyors; appointments; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.
Status: in_force

(a) There is created a State Board of Professional Land Surveyors that shall administer and enforce this chapter.

(b) The Board shall consist of 7 members appointed by the Governor, who are residents of this state: Four shall be land surveyors licensed under this chapter, at least 1 of whom, but not more than 2, shall be appointed from each county of this State; and 3 public members. The public members shall not be, nor ever have been, land surveyors, nor members of the immediate family of a land surveyor; shall not have been employed by a land surveyor; shall not have a material interest in the providing of goods and services to land surveyors; nor have been engaged in an activity directly related to land surveying. 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. Persons who are members of the Board on February 4, 2000, shall complete their terms.

(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 year has expired since such person last served.

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

(f) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance or malfeasance. 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 land surveyors; this includes a prohibition against serving as head of the professional association’s Political Action Committee (PAC).

(h) The provisions of Chapter 58, Title 29 of the Delaware Code shall apply to all members of the Board.

(i) Any member who is absent without adequate reason for 3 consecutive meetings or fails to attend at least half of all regular business meetings during any calendar year shall be deemed to have resigned that member’s appointment. The Director of the Division shall have the responsibility to enforce this provision. Upon the determination by the Director that a vacancy exists due to this provision, the Governor may appoint a new member as provided in subsection (c) of this section.

(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. § 5130 — Delaware Code / Title 24 / Chapter 51 / Subchapter II / Section 5130
§ Â
        5130. Fees.
Status: in_force

The amount to be charged for each fee imposed under this subchapter shall approximate and reasonably reflect all costs necessary to defray the proportional expenses incurred by the Division in its services pursuant to this subchapter. 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 subchapter. 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 on its behalf, shall compute, for each separate service or activity, the appropriate fees for the coming licensure biennium.
24 Del. C. § 2540 — Delaware Code / Title 24 / Chapter 25 / Subchapter V / Section 2540
§ Â
        2540. Requirements for pharmaceutical activities not carried on in a pharmacy [Effective until June 30, 2026].
Status: in_force

(a) Drugs, toilet preparations, dentifrices, and cosmetics may not be manufactured, packed, packaged, or distributed within this State unless done so under the personal and immediate supervision of a person approved by the Board after investigation and determination by the Board that the person is qualified by scientific or technical training, education, or experience to perform the duties of supervision that are necessary to protect public health, safety, and welfare.

(b) A person may not operate a pharmaceutical establishment to manufacture, pack, package, or distribute on a wholesale basis to persons other than the ultimate consumer any drugs, toilet preparations, dentifrices, or cosmetics without first obtaining from the Board a permit to operate a pharmaceutical establishment. This subchapter also applies to the activities of a reverse distributor who acts as an agent for a person permitted to operate a pharmaceutical establishment by receiving, inventorying, and managing the disposition of outdated or otherwise nonsalable drugs. A permit issued pursuant to this subchapter must be available for inspection by authorized persons.

(c) A person who has a permit to operate a pharmaceutical establishment is subject to Board rules and regulations with respect to the storage and handling of drugs and to the establishment and maintenance of drug distribution records, and must comply with federal, state, and local law.

(d) A permit to operate a pharmaceutical establishment issued pursuant to this subchapter terminates automatically upon a transfer of the controlling interest in the pharmaceutical establishment, upon the termination of the pharmaceutical establishment’s legal existence, or upon the discontinuance of business or professional practice.

(e) Nothing in this subchapter may be construed to apply to pharmacies.
24 Del. C. § 3802 — Delaware Code / Title 24 / Chapter 38 / Section 3802
§ Â
        3802. Definitions.
Status: in_force

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

(1) “Board” shall mean the State Board of Dietetics/Nutrition.

(2) “Dietetic and nutrition therapy” shall mean the scope of services utilized in the delivery of preventive nutrition services and nutrition therapy. It involves an assessment of the individual’s specific nutritional needs and the development and implementation of an intervention plan. The intervention plan can include nutrition education, counseling, administration and monitoring of specialized nutrition support and referrals for additional services. This application and practice of “dietetic and nutrition therapy” shall include the following Scope of Practice:

Scope of Practice:

(a) Nutrition assessment to include the establishment of nutritional care plans, including the development of nutritional related priorities, goals and objectives.

(b) Provision of nutrition counseling or education as components of preventive, and restorative health care.

(c) Evaluation and maintenance of appropriate standards of quality in food and nutrition.

(d) Evaluation and education of nutrient-drug interactions.

(e) Interpreting and recommending interventions to meet nutrient needs relative to individual health status, including but not limited to medically prescribed diets, tube feedings and specialized intravenous solutions.

(f) Development, administration, evaluation and consultation regarding nutritional care standards.

(g) Conduct independent research or collaborate in research areas including, but not limited to food and pharmaceutical companies, universities and hospitals by directing or conducting experiments to answer critical nutrition and food science questions and develop nutrition recommendations for the public.

(h) Direct supervision of registered dietetic technicians.

(3) “Dietetics/nutrition” shall mean the integration and application of principles derived from the sciences of food, nutrition, biochemistry, physiology and behavior as an integral part of health-care delivery to achieve and maintain a person’s health throughout the life cycle. Its application to health care is both preventive and in response to an illness, injury or condition. The application of dietetics/nutrition to health care shall be called “dietetic and nutrition therapy.” The terms “dietetics” and “nutrition” are used interchangeably in this chapter.

(4) “Dietitian” and/or “nutritionist” shall mean a person who engages in the provision of nutrition services. The terms “nutritionist” and “dietitian” are used interchangeably in this chapter.

(5) “L.D.N.” shall be the abbreviation for the title “licensed dietitian/nutritionist”.

(6) “License” shall mean any document which indicates that a person is currently licensed by the Board of Dietetics/Nutrition.

(7) “Licensed dietitian/nutritionist” shall mean a person holding a current license under this chapter.

(8) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the provision of dietetics/nutrition therapy services.
24 Del. C. § 5220 — Delaware Code / Title 24 / Chapter 52 / Subchapter II / Section 5220
§ Â
        5220. 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. § 308 — Delaware Code / Title 24 / Chapter 3 / Section 308
§ Â
        308. Examination of applicants.
Status: in_force

(a) An applicant for initial registration under this chapter shall be required to pass an examination adopted by the Board and graded by a national testing administrator. The Board, or its agent, shall, at least once per year, provide for the administration and grading of such examination. Where an applicant has failed to pass the examination, but has successfully completed and passed certain portions or sections of the examination, the applicant shall in the next subsequent examination be tested only for those portions or section which the applicant has previously failed.

(b) The Board may exempt from the written examination requirement an applicant who holds a certification issued by the National Council of Architectural Registration Boards.
24 Del. C. § 3509 — Delaware Code / Title 24 / Chapter 35 / Subchapter II / Section 3509
§ Â
        3509. Qualifications of applicants for registration as a psychological assistant; number of psychological assistants; requirements of supervision.
Status: in_force

(a) Any psychologist licensed in this State, who has practiced as a licensed psychologist for 2 years in this State or in any other jurisdiction, and who applies to the Board for the registration of a psychological assistant shall:

(1) Provide the Board with a statement which clearly shall delineate the specific functions which the psychological assistant will perform under the supervisor’s direct supervision and control; and

(2) Submit evidence, verified by oath and satisfactory to the Board, that such person:

a. Has completed all requirements for a doctoral degree in psychology from an American Psychological Association (APA) accredited program, or a Psychological Clinical Science Accreditation System (PCSAS) accredited program, or an equivalent program approved by the Board. Psychological assistants registered before July 17, 2010, and who maintain their registration are exempt from this requirement. Persons holding degrees from programs outside the United States or its territories must provide evidence of training and degree equivalent to accredited programs; and these applicants are responsible for providing the Board with an educational credential evaluation from an agency or institution recognized by the Board for this purpose; and

b. Has successfully completed a predoctoral internship which complies with the Board’s rules and regulations; and

c. Will perform the specific functions, which are delineated by the supervising psychologist in the statement of intended area or areas of practice, from the office of the supervising psychologist; and

d. Will receive proper training and fulfill continuing education requirements and be supervised, directed and evaluated in accordance with a specific supervisory plan that shall include face-to-face consultation as required by the nature of the work of the psychological assistant; and

e. Subject to the provisions of § 8735(x) of Title 29, has not engaged in any acts or offenses that would be grounds for disciplinary action under this chapter; and, has no disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the individual has been or currently is licensed, registered or certified to practice psychology.

(b) Persons, who are presented to the Board by a supervising psychologist for registration as psychological assistants, shall provide statements under oath to the Board that they:

(1) Perform only those specific functions which have been delineated in the supervising psychologist’s statement; and

(2) Not practice independently, but only under the supervision of a licensed psychologist; and

(3) Not represent themselves as licensed psychologists.

(c) The Board in its regulations shall determine the number of psychological assistants that a supervising psychologist may supervise; and the requirements of their supervision.
24 Del. C. § 1799B — Delaware Code / Title 24 / Chapter 17 / Subchapter X / Section 1799B
§ Â
        1799B. Exemptions.
Status: in_force

(a) Acupuncture or supplemental or eastern medicine techniques may be performed by a student, trainee or visiting teacher who is designated as a student, trainee or visiting teacher while participating in a course of study or training under supervision of a licensed acupuncturist or acupuncture and eastern medicine practitioner in a program that the Council has recommended to the Board for approval. This includes continuing education programs and any acupuncture or eastern medicine programs that are a recognized route to certification as an acupuncturist by the NCCAOM or any Board-approved agency.

(b) Any herbalist, retailer or other person who does not hold himself or herself out to be a licensed acupuncturist shall not be limited by this subchapter.
24 Del. C. § 4027 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4027
§ Â
        4027. Appraisal management company employees.
Status: in_force

Any employee of an appraisal management company that performs an appraisal review shall have demonstrated knowledge of the Uniform Standards of Professional Appraisal Practice and hold a valid appraiser license or certification in this or any state.
24 Del. C. § 1799F — Delaware Code / Title 24 / Chapter 17 / Subchapter X / Section 1799F
§ Â
        1799F. Acupuncture detoxification specialist (ADS); license required.
Status: in_force

(a) An individual who is not licensed as an acupuncturist under this subchapter shall not practice as an acupuncture detoxification specialist using the National Acupuncture Detoxification Association (NADA) or equivalent organization’s auricular point protocol for the purpose of preventing and treating alcoholism, nicotine dependency, substance abuse, or chemical dependency in the State without first obtaining a license issued by the Board upon the recommendation of the Council. Applications for licensure shall be upon written forms provided by the Council and Board and upon payment of a fee established by the Division of Professional Regulation. An applicant for a license to practice as an acupuncture detoxification specialist pursuant to the NADA or equivalent organization auricular point protocol in Delaware must meet the following criteria:

(1) Has successfully completed the NADA auricular point protocol training program or an equivalent training program satisfactory to the Council and Board for the treatment of alcoholism, nicotine dependency, substance abuse, or chemical dependency that meets or exceeds the standards of training set by the NADA including instruction in clean needle technique;

(2) Must provide evidence of a current license or certificate in good standing in a health-care related profession as approved by the Council and the Board; and

(3) Is in good standing as defined in § 1798(a)(4)-(7) of this title.

(b) Waiver of requirements. —

The Acupuncture Advisory Council, by the affirmative vote of 3 of its members and with the approval of the Board, may waive the requirements of subsection (a) of this section if it finds all of the following by clear and convincing evidence:

(1) The applicant’s education, training, qualifications and conduct have been sufficient to overcome the deficiency or deficiencies in meeting the requirements of this section;

(2) The applicant is capable of practicing as an acupuncture detoxification specialist in a competent and professional manner;

(3) The granting of the waiver will not endanger the public health, safety, or welfare; and

(4) For waiver of a crime substantially related to the practice of acupuncture, more than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term “sentence” includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, “sentence” does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.

(c) ADS are prohibited from needling any body acupuncture points and may not advertise themselves as acupuncturists.

(d) ADS shall be subject to the disciplinary provisions of § 1798(f) of this title.

(e) 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 of continued competency as established in the Board’s regulations.
24 Del. C. § 3303A — Delaware Code / Title 24 / Chapter 33 / Subchapter I / Section 3303A
§ Â
        3303A. Veterinarian-client-patient relationship.
Status: in_force

(a) For a veterinarian to practice veterinary medicine, a veterinarian-client-patient relationship must be established and maintained. Except as provided under subsection (b) of this section, a veterinarian-client-patient relationship is established and maintained if all of the following are met:

(1) The veterinarian has assumed the responsibility for making medical judgements regarding the health of the patient and the client has agreed to follow the veterinarian’s instructions.

(2) The veterinarian has sufficient knowledge of the patient to initiate at least a general or preliminary diagnosis of the medical condition of the patient. This means that the veterinarian is personally acquainted with the keeping and care of the patient by virtue of a timely examination of the patient, or medically-appropriate and timely visits to the operation where the patient is managed.

(3) The veterinarian is readily available for follow-up evaluation or has arranged for the following: veterinary emergency coverage and continuing care and treatment.

(4) The veterinarian provides oversite of treatment, compliance, and outcome.

(5) Patient records are maintained.

(b) In operations where there are several animals, such as shelters, farms, laboratories, or zoos, the veterinarian-client-patient requirement may be established and maintained by 1 of the following:

(1) Examination of health, laboratory, or production records.

(2) Consultation with owners, managers, directors, caretakers, or other supervisory staff who oversee the health-care management of the operation.

(3) Maintenance of information regarding the local epidemiology of diseases for the appropriate species.
24 Del. C. § 1772 — Delaware Code / Title 24 / Chapter 17 / Subchapter VI / Section 1772
§ Â
        1772. Prohibited acts by a physician assistant.
Status: repealed

(a) A physician assistant may not maintain or manage a location that does not have oversight by the physician assistant’s collaborating physician.

(b)-(d) [Repealed.]

(e) Nothing in this chapter may be construed to authorize a physician assistant to practice independent of a collaborating physician.

(f) Except as otherwise provided in this chapter or in a medical emergency, a physician assistant may not perform any medical act without a collaborative agreement.

(g) A physician assistant may not practice as a member of any other health profession regulated under this code unless the physician assistant is certified, licensed, registered, or otherwise authorized to practice the other profession.
24 Del. C. § 4105 — Delaware Code / Title 24 / Chapter 41 / Subchapter I / Section 4105
§ Â
        4105. Records.
Status: in_force

The Division shall keep a register of all approved applications for licensed home inspectors and home inspector trainees, 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. § 1923 — Delaware Code / Title 24 / Chapter 19 / Section 1923
§ Â
        1923. 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, 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. § 1799J — Delaware Code / Title 24 / Chapter 17 / Subchapter XI / Section 1799J
§ Â
        1799J. Licensure.
Status: repealed

(a) An applicant who is applying for licensure under this subchapter shall:

(1) Provide satisfactory evidence of having certification as a:

a. Genetic counselor by the ABGC or ABMGG; or

b. Medical geneticist by the ABMGG.

(2) Submit an application prescribed by the Council.

(3) Submit a certified criminal background check pursuant to § 1720(b)(6) of this title.

(4) The applicant may not have an impairment related to the current use of drugs or alcohol which substantially impairs the practice of genetic counseling with reasonable skill and safety.

(b) The Board may refuse or reject an applicant, if after hearing, the Board finds that:

(1) The applicant has engaged in activities that are grounds for discipline under § 1799P of this title.

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

(3) The applicant has been the recipient of any administrative penalties from any other jurisdiction or jurisdictions regarding the applicant’s practice of genetic counseling, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has entered into any “consent agreements” which contain conditions placed by a Board on the applicant’s professional conduct and practice, including any voluntary surrender of a license in lieu of discipline.

(c) Waiver of requirements. — The Council, by the affirmative vote of 3 of its members and with the approval of the Board within a reasonable period of time from the vote, may waive any of the requirements of subsection (b) of this section if it finds all of the following by clear and convincing evidence:

(1) The applicant’s education, training, qualifications and conduct have been sufficient to overcome the deficiency or deficiencies in meeting the requirements of this section;

(2) The applicant is capable of practicing as a genetic counselor in a competent and professional manner;

(3) The granting of the waiver will not endanger the public health, safety, or welfare; and

(4) For waiver of a conviction, if, after consideration of the factors set forth in § 8735(x)(3) of Title 29, the Council determines that granting a waiver would not create an unreasonable risk to public safety, the Council shall waive paragraph (b)(2) of this section.

(5) [Repealed.]

(d) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification, and imposed higher or different standards for the person than for other applicants or licensees, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
24 Del. C. § 1902B — Delaware Code / Title 24 / Chapter 19B / Section 1902B
§ Â
        1902B. Findings and declaration of purpose [Effective upon fulfillment of 83 Del. Laws, c. 110, Â 2].
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 advanced practice registered nurse licensure requirements and the effectiveness of enforcement activities related to state APRN licensure laws.

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

(3) The expanded mobility of APRNs and the use of advanced communication and intervention technologies as part of our nation’s healthcare delivery system require greater coordination and cooperation among states in the areas of APRN licensure and regulation.

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

(5) The current system of duplicative APRN licensure for APRNs practicing in multiple states is cumbersome and redundant for healthcare delivery systems, payors, state licensing boards, regulators and APRNs.

(6) Uniformity of APRN licensure requirements throughout the states promotes public safety and public health benefits as well as provides a mechanism to increase access to care.

(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 APRN licensure and regulation, including promotion of uniform licensure requirements.

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

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

(5) Invest all party states with the authority to hold an APRN 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 privileges to practice.

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

(7) Provide opportunities for interstate practice by APRNs who meet uniform licensure requirements.
24 Del. C. § 706 — Delaware Code / Title 24 / Chapter 7 / Section 706
§ Â
        706. Powers and duties; immunity.
Status: in_force

(a) The Board shall have the authority and the duty to:

(1) Formulate rules and regulations with appropriate notice to those affected where such notice can reasonably be given;

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

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

(4) Designate the national written examination to be taken by all persons applying for licensure, except those applicants who qualify for licensure by reciprocity;

(5) Grant licenses to all persons who meet the qualifications for licensure;

(6) Refer all complaints from practitioners and the public 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;

(7) Investigate complaints of unauthorized practice of chiropractic;

(8) Determine whether or not a practitioner shall be the subject of a disciplinary hearing, and if so, to conduct such hearing in accordance with this chapter and the Administrative Procedures Act [Chapter 101 of Title 29];

(9) 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;

(10) Provide for the rules for continuing chiropractic education; and

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

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

(c) The members of the Board shall not be subject to, and shall be immune from, claims, suits, liability, damages or any other recourse, civil or criminal, arising from any act or proceeding, decision or determination undertaken or performed, or recommendation made, so long as such member of the Board acted in good faith and without malice in carrying out the responsibilities, authority, duties, powers and privileges of the offices conferred by law upon them under this chapter or any other provisions of the Delaware or federal law or rules or regulations or duly adopted rule or regulation of the Board. Good faith is presumed unless otherwise proven and malice is required to be proven by the complainant.

(d) A member of the Board may not discriminate against any applicant or person holding or applying for a license to practice chiropractic by reason of sex, race, color, creed, national origin, housing status, or any other basis protected under Chapter 45 of Title 6.

(e) No member shall participate in any action of the Board involving directly or indirectly any person related in any way by blood or marriage to said member.

(f) The Board of Chiropractic shall promulgate regulations specifically identifying those crimes, which are substantially related to the practice of chiropractic.
24 Del. C. § 1330 — Delaware Code / Title 24 / Chapter 13 / Section 1330
§ Â
        1330. Penalties.
Status: in_force

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

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

(2) In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Board in any court of competent jurisdiction, including any Justice of the Peace Court, for collection of the administrative penalty, including interest, attorneys’ fees and costs and the validity and appropriateness of such administrative penalty shall not be subject to review.
24 Del. C. § 3322 — Delaware Code / Title 24 / Chapter 33 / Subchapter III / Section 3322
§ Â
        3322. Disciplinary sanctions.
Status: repealed

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 3321 of this title applies to a licensee regulated by this subchapter:

(1) Issue a letter of reprimand;

(2) [Repealed.]

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

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

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

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

(4) Suspend a veterinary technician’s license;

(5) Permanently revoke a veterinary technician’s license; or

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

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

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

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

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

(f) Where the Board has placed a licensee on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions are being or have been violated by the licensee, the Board, after a hearing on the matter, may suspend or revoke the licensee’s license.
24 Del. C. § 314 — Delaware Code / Title 24 / Chapter 3 / Section 314
§ Â
        314. Violations; grounds for professional discipline.
Status: in_force

(a) An architect or holder of a certificate of authorization shall be subject to those disciplinary actions set forth in § 315 of this title, if, after a hearing, the Board finds that the architect or holder of a certificate of authorization has:

(1) Employed or knowingly cooperated in fraud or material deception in order to acquire a certificate of registration, or be otherwise authorized to practice architecture;

(2) Engaged in illegal, incompetent or negligent conduct in the practice of architecture;

(3) As an architect or otherwise in the practice of the profession, knowingly engaged in an act of consumer fraud or deception, engaged in the restraint of competition or participated in price-fixing activities; or

(4) Violated a lawful provision of this chapter, or any lawful regulation established thereunder.

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

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

(2) Temporary emotional disorder or mental illness; or

(3) Permanent emotional disorder or mental illness.

(c) If an architect’s physical or mental capacity to practice safely is at issue in a non-disciplinary remedial proceeding, the Board may order the architect to submit to a reasonable physical or mental examination. Failure to comply with such an order shall render a registered architect liable to temporary suspension or revocation of the architect’s certificate of registration in accordance with § 315 of this title, notwithstanding the Board’s power to compel such attendance under subsection (d) of this section.

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

(e) No certificate of registration or certificate of authorization shall be restricted, suspended or revoked by the Board, and no registered architect’s right to practice shall be limited by the Board, until such registered architect or holder of a certificate of authorization has been given notice and an opportunity to be heard in accordance with § 316 of this title.
24 Del. C. § 3804 — Delaware Code / Title 24 / Chapter 38 / Section 3804
§ Â
        3804. Officers; meetings; quorum.
Status: in_force

(a) The Board shall elect annually from its membership a chair, vice-chair and secretary.

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

(c) A majority of members shall constitute a quorum; and no action shall be taken without the affirmative vote of at least 3 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 of the minutes shall be maintained by the Division of Professional Regulation. At any hearing in which evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
24 Del. C. § 5114 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5114
§ Â
        5114. 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 § 5113 of this title applies to a practitioner regulated by this chapter:

(1) Issue a letter of reprimand;

(2) Impose a civil penalty not to exceed $500 for each violation of this chapter;

(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 a practitioner’s license;

(6) Permanently revoke a practitioner’s license.

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

(c) As a condition of reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.
24 Del. C. § 5115 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5115
§ Â
        5115. 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, 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. § 4445 — Delaware Code / Title 24 / Chapter 44 / Subchapter V / Section 4445
§ Â
        4445. Penalties.
Status: in_force

(a) Where the Board has determined, upon notice and hearing pursuant to Chapter 101 of Title 29 that a person is engaged in the practice of manufactured home installation or manufactured home installation inspection regulated by this chapter without having lawfully obtained a license or certificate or that a person previously licensed or certified under this chapter is engaged in a practice regulated by this chapter notwithstanding that the person’s license or certificate has been suspended or revoked, the Board may issue a cease and desist order. In addition to the power to issue a cease and desist order, the Board may seek an injunctive order prohibiting such unlawful practice and/or seek the imposition of other civil penalties defined by this chapter.

(b) Upon notice and hearing pursuant to Chapter 101 of Title 29, the Board may fine any person who violates such cease and desist order not less than $100 or more than $1,000. Each day a violation continues may be deemed a separate offense in the Board’s discretion.

(c) Any person who violates any provisions of this chapter or any rules or regulations promulgated hereunder shall be liable for a civil penalty of not more than $5,000 for the first offense; and not more than $10,000 for the second and each subsequent offense, which penalty may be sued for, and recovered by, the Board. Nothing in this section shall be construed to prevent prosecution under, or be inconsistent with, Title 11.

(d) In addition to the sanctions set forth in subsections (a) and (b) of this section, a person, not currently licensed as a manufactured home installer or certified as a manufactured home installation inspector under this chapter, when guilty of performing manufactured home installation or manufactured home installation inspection, 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 perform manufactured home installation or manufactured home installation inspection, such offender shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 nor more than $1,000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 nor more than $2,000 for each offense. Justice of the Peace Courts shall have jurisdiction over all violations of this chapter.
24 Del. C. § 3012 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3012
§ Â
        3012. Hearing procedures.
Status: in_force

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29 alleging a violation of § 3009 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) All hearings shall be informal, without use of rules of evidence. If the Board finds, by a majority vote of all Board 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 the decision. The decision shall be mailed immediately to the licensee.

(c) A licensee may appeal the Board’s decision to the Superior Court within 30 days of the postmarked date of the copy of the decision mailed to the licensee. The appeal shall be in accordance with the provisions of the Administrative Procedures Act, Chapter 101 of Title 29. A stay may be granted in accordance with that act.

(d) All decisions of the Board regarding suspension or revocation of a license shall be made public by the Division in a news release to major media outlets in this State. The release may include any information deemed public under the Delaware Freedom of Information Act, Chapter 100 of Title 29, and shall include a telephone contact number for the Division for further information.
24 Del. C. § 2114 — Delaware Code / Title 24 / Chapter 21 / Section 2114
§ Â
        2114. Complaints.
Status: in_force

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

When it is determined that an individual is engaging in the practice of optometry or is using the title “optometrist” and is not licensed under the laws of this State, the Board shall apply to the office of the Attorney General to issue a cease and desist order after formally warning the unlicensed practitioner in accordance with the provisions of this chapter.

Any complaints involving allegations of unprofessional conduct or incompetence shall be investigated by the Division of Professional Regulation.
24 Del. C. § 1828 — Delaware Code / Title 24 / Chapter 18 / Subchapter III / Section 1828
§ Â
        1828. Disciplinary sanctions.
Status: in_force

(a) The Board may impose any of the following sanctions, singly or in combination, when it determines that a licensee has violated a ground for discipline set forth in § 1827 of this title:

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

(2) Censure the licensee;

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

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

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

(4) Suspend the license of the licensee;

(5) Revoke the license of the licensee;

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

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

(c) If the Board suspends a licensee due to an impairment pursuant to § 1827(9) of this title, the Board may reinstate the license if, after a hearing, the Board is satisfied that the licensee is able to provide professional services with reasonable skill, competence, and safety to the public.
24 Del. C. § 1414 — Delaware Code / Title 24 / Chapter 14 / Subchapter II / Section 1414
§ Â
        1414. 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 § 1412 of this title applies to a practitioner or licensee 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 do 1 or more of the following:

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

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

(4) Suspend any practitioner’s license.

(5) Revoke any practitioner’s license.

(6) Impose a monetary penalty:

a. Not to exceed $1,500 for each violation of § 1412(a)(2) and (a)(4) through (9) of this title; and

b. No less than $4,500 for violations of § 1412(a)(1) and (a)(3) of this title.

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

(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the 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. § 3705 — Delaware Code / Title 24 / Chapter 37 / Subchapter I / Section 3705
§ Â
        3705. Records [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: in_force

The Division shall keep a register of all approved applications for license as a speech/language pathologist, speech/language pathology assistant, audiologist, and hearing aid dispenser, 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 are prima facie evidence of the proceedings of the Board.
24 Del. C. § 1724 — Delaware Code / Title 24 / Chapter 17 / Subchapter III / Section 1724
§ Â
        1724. Temporary emergency certificate during a public emergency.
Status: in_force

The Board may issue a temporary emergency certificate to practice medicine for a period of time not to exceed 12 months, but renewable at the discretion of the Board, to a person whom it finds qualified to practice medicine in this State. A temporary emergency certificate may be issued only during a public emergency declared by the President of the United States or the Governor of the State. When an occupational license is issued by the Director of Revenue pursuant to Chapter 23 of Title 30, if such license is required, and the temporary emergency certificate is registered by the Board, the holder of the temporary emergency certificate may, during the term specified on the certificate unless sooner revoked, practice medicine in this State, subject to all the laws of this State and to the regulations and restrictions which the Board may adopt, including, but not limited to, location limitations and limitations on the nature of the practice of medicine within the State.
24 Del. C. § 1809 — Delaware Code / Title 24 / Chapter 18 / Subchapter II / Section 1809
§ Â
        1809. Examination.
Status: in_force

(a) The written, standardized examination required in § 1808(a)(2) of this title must be offered at least quarterly. The Board will determine the passing score in its rules and regulations.

(b) An applicant who fails to receive a passing score on an examination administered pursuant to this chapter may apply to retake the examination on the next available date. If an applicant fails to pass the examination after 3 attempts, the Board, in its rules and regulations, may specify the conditions under which an applicant may retake the examination.
24 Del. C. § 3906 — Delaware Code / Title 24 / Chapter 39 / Section 3906
§ Â
        3906. Board of Social Work Examiners â  Powers and duties.
Status: repealed

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

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

(2) Designate the application form to be used by all applicants and process all applications. An application form may not require a picture of the applicant; information relating to the applicant’s citizenship, place of birth, or length of state residency; or personal references.

(3) Designate, under § 3908(a) of this title, a written national examination, prepared by either a national professional association or recognized legitimate national testing service, approved by the Division, and administered to applicants. The examination must be prepared for testing on a national basis, and not specifically prepared at the Board’s request for its individual use.

(4) [Repealed.]

(5) Evaluate certified records to determine whether an applicant who has been previously licensed, certified, or registered in another jurisdiction to practice social work 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 the applicant for such acts or offenses.

(6) Grant licenses to all applicants who meet the qualifications for licensure or renewal of licenses.

(7) Establish by rule and regulation continuing education standards required for license renewal.

(8) Refer all complaints from licensees and the public concerning licensees, or concerning practices of the Board or of the profession, to the Division for investigation under § 8735(h) of Title 29 and assign a Board member to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint. A Board member who is assigned to assist the Division under this paragraph may not participate in deliberations on the complaint.

(9) [Repealed.]

(10) Conduct hearings and issue orders in accordance with procedures established under this chapter, Chapter 101 of Title 29, and § 8735 of Title 29.

(11) If the Board determines after a disciplinary hearing that penalties or sanctions should be imposed, designate and impose the appropriate sanction or penalty.

(12) Bring proceedings in the courts for the enforcement of this chapter.

(13) Perform random post-renewal audits of continuing education credits submitted by licensees for license renewal.

(14) Request a copy of supervisory logs from an applicant who has applied for license under this chapter, as established in the rules and regulations.

(b) The Board shall promulgate regulations specifically identifying crimes which are substantially related to social work.
24 Del. C. § 1420 — Delaware Code / Title 24 / Chapter 14 / Subchapter III / Section 1420
§ Â
        1420. Certificate of Inspection required; âcut-in-cardâ.
Status: in_force

(a) All electrical work performed in this State, unless specifically exempt, shall receive a certificate of inspection issued by a Board-licensed inspection agency.

(b) All applications for inspections shall be filed with the inspection agency within 5 working days of the commencement of electrical work.

(c) Inspection agencies shall make all inspections within 5 working days of receipt of the application for inspection.

(d) No power company shall connect any current, light or power to any property without first obtaining from an inspection agency a permanent or temporary “cut-in-card,” except in case of emergency when service may be restored by a licensed electrician prior to obtaining a “cut-in-card.” The inspection agency shall issue a “cut-in-card” only for electrical work performed by a licensed electrician, except for work being done or which has been done by persons who are not required to obtain licenses under this chapter.
24 Del. C. § 1780 — Delaware Code / Title 24 / Chapter 17 / Subchapter VIII / Section 1780
§ Â
        1780. Short title.
Status: in_force

This subchapter shall be known and may be cited as the “Parental Notice of Abortion Act.”
24 Del. C. § 1789 — Delaware Code / Title 24 / Chapter 17 / Subchapter VIII / Section 1789
§ Â
        1789. Penalty and criminal jurisdiction.
Status: in_force

(a) Any person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion has been performed is an unemancipated minor, and who intentionally or knowingly fails to conform to any requirement of this subchapter, shall be guilty of a class A misdemeanor.

(b) The Superior Court shall have exclusive jurisdiction of violations of this section.
24 Del. C. § 1206 — Delaware Code / Title 24 / Chapter 12 / Subchapter I / Section 1206
§ Â
        1206. Renewal of license [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

Each license shall expire 2 years after the date of issuance.
24 Del. C. § 1127 — Delaware Code / Title 24 / Chapter 11 / Subchapter II / Section 1127
§ Â
        1127. Complaints.
Status: in_force

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

(b) When it is determined that an individual is engaging or has engaged in the practice of dentistry or dental hygiene or is using the title “dentist” or “dental hygienist,” and is not licensed under the laws of this State, the Board shall report to the office of the Attorney General for appropriate action.

(c) The Division shall have the authority to conduct inspections upon receipt of any complaint in connection with § 1128(12) of this title or upon the occurrence of an adverse event as defined in § 122(3)y.3.A. of Title 16 and, as applicable, refer such information to the Department of Health and Social Services pursuant to § 122(3)y. of Title 16. In connection herewith, the Division may share information with the Department of Health and Social Services in accordance with applicable law.
24 Del. C. § 4113 — Delaware Code / Title 24 / Chapter 41 / Subchapter II / Section 4113
§ Â
        4113. Issuance and renewal of licenses.
Status: in_force

(a) The Board shall issue a license to each applicant, who meets all of the requirements of this chapter for licensure as a home inspector and who pays the fee established under § 4112 of this title.

(b) Each license shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee and submission of a renewal form provided by the Division, and proof that the licensee has met the continuing education requirements established by the Board, and shall meet the requirements of § 4108(a)(4), (5), (6) and (7) of this title. The Board may determine, after a hearing, whether the failure to meet the requirements of § 4108(a)(4), (5), (6) and (7) of this title is grounds to deny renewal. The Board may withhold renewal of any applicant failing to meet the requirements of § 4108(a)(4), (5), (6) and (7) of this title pending investigation and the conclusion of disciplinary proceedings under §§ 4115 and 4116 of this title.

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

(d) A licensee, upon written request, may be placed in an inactive status in accordance with the Board’s rules and regulations. The renewal fee of such person shall be prorated according to the amount of time such person was inactive. Such person may reenter practice upon written notification to the Board of the intent to do so and completion of continuing education as required in the Board’s rules and regulations.
24 Del. C. § 4104 — Delaware Code / Title 24 / Chapter 41 / Subchapter I / Section 4104
§ Â
        4104. Organization; meetings; officers; quorum.
Status: in_force

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

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

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

(d) Minutes of all meetings shall be maintained and the Division shall maintain copies. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
24 Del. C. § 6109 — Delaware Code / Title 24 / Chapter 61 / Section 6109
§ Â
        6109. Issuance and renewal of licenses.
Status: in_force

(a) The Board must issue a license to each applicant who meets the requirements of this chapter for licensure as an elevator mechanic and who pays the applicable fee established.

(b) A license may be renewed biennially, in a manner as determined by the Division, upon payment of the appropriate fee and submission of an attestation, as set forth in the Board’s rules and regulations, that the licensee has met the continuing education requirements established by the Board.

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

(d) A licensee may be placed in an inactive status. An inactive licensee who desires to reactivate a license must submit a request for reactivation that includes a fee set by the Division and submit proof of fulfillment of continuing education requirements in accordance with the rules and regulations of the Board.

(e) An applicant or licensee must notify the Division of a change of address or a change of any other information provided on the applicant or licensee’s application, registration, or renewal within 30 days of the change.
24 Del. C. § 2520 — Delaware Code / Title 24 / Chapter 25 / Subchapter II / Section 2520
§ Â
        2520. Counseling of pharmacists [Effective until June 30, 2026].
Status: in_force

(a) If the Executive Secretary and the President of the Board jointly find after an investigation that a pharmacist has violated a provision of this chapter or a regulation enacted pursuant to this chapter, but that the violation can be reasonably resolved without a formal disciplinary sanction under § 2516 of this title, the Executive Secretary and the president, or his or her designee, may counsel the pharmacist regarding the violation. The Executive Secretary shall notify the pharmacist in writing of the finding and of the decision not to proceed with formal disciplinary sanctioning. The notification must explain the finding and request the presence of the pharmacist at a counseling session. During the counseling session, the Executive Secretary and the president, or his or her designee, shall discuss with the pharmacist the violation, and establish a plan of correction, if necessary.

(b) Counseling pursuant to subsection (a) of this section is voluntary. However, if the pharmacist fails to attend the counseling session or fails to comply with the necessary plan of correction specified by the Executive Secretary and the president, or his or her designee, the violation must be handled in the same manner as a violation of § 2515 of this title is handled.

(c) The counseling of a pharmacist under this section is not considered disciplinary action if the pharmacist attends the counseling session and complies with any necessary plan of correction required by the Executive Secretary and the president, or his or her designee. Counseling pursuant to this section may not be used in considering disciplinary sanctions in a future hearing unrelated to the incident for which the pharmacist was counseled unless the future incident involves the same or similar allegations as those for which the pharmacist was counseled.
24 Del. C. § 5135 — Delaware Code / Title 24 / Chapter 51 / Subchapter II / Section 5135
§ Â
        5135. Course of study.
Status: in_force

Each school of aesthetics shall maintain a course of study of not less than 600 hours, extending over a period of a maximum of 160 hours a month. Every school shall maintain regular class hours with a daily schedule.