24 Del. C. § 303 — Delaware Code / Title 24 / Chapter 3 / Section 303
§ Â
        303. Registration to practice; construction of chapter.
Status: in_force

(a) The right to engage in the practice of architecture shall be deemed a personal right, based upon the qualifications of the individual as evidenced by a certificate of registration, which shall not be transferable. No person shall engage in the practice of architecture in this State or otherwise hold oneself out to the public as being an architect, or use in connection with the person’s name, or otherwise assume, use or advertise any title or description intending to convey the impression that the person is an architect, unless such person has a certificate of registration.

(b) The provisions of this chapter shall not be construed to prevent, nor to affect:

(1) The preparation of technical submissions or the administration of construction contracts by an employee or subordinate of a person or organization lawfully engaged in the practice of architecture, providing such work is done under the direct responsibility and supervision of such person or organization;

(2) The practice of architecture by a person licensed in this State as a professional engineer, when such practice is incidental to what may be properly considered an engineering project;

(3) The practice of landscape architecture by a landscape architect, regardless of whether the practice of landscape architecture shall continue to be licensed under the Delaware Code;

(4) A nonresident, who holds a certificate to practice architecture in the state in which the person resides, and/or in addition holds the certification issued by the National Council of Architectural Registration Boards, from agreeing to perform or holding the person’s self out as able to perform any of the professional services involved in the practice of architecture; provided that the person shall not perform any of the professional services involved in the practice of architecture until registered as provided in subsection (a) of this section; and further provided that the person notifies the Board in writing if the person, prior to registration, engages in any of the activities permitted by this paragraph;

(5) Any of the activities that, apart from this exemption, would constitute the practice of architecture, if performed in connection with any of the following:

a. Single and 2-family dwellings, and any sheds, storage buildings and garages incidental to such dwellings;

b. Farm buildings, including barns, silos, sheds or housing for farm equipment and livestock, provided such structures are designed to be occupied by no more than 10 persons; or

c. Any alteration, renovation or remodeling of a structure when such alteration, renovation or remodeling does not affect structural or other safety features of the structure and when the work contemplated by the design does not require the issuance of a permit under applicable building codes;

(6) The preparation of submissions to architects by the manufacturer, supplier, installer, or others of any materials, components, or equipment incidental to the architect’s design of the entire project that describe or illustrate the use of such items;

(7) The preparation of any details or shop drawings required of the contractor by the terms of the construction documents;

(8) The management of construction contracts by persons engaged in contracting work;

(9) The preparation of technical submissions or the administration of construction contracts by persons acting under the responsible control of a registered architect;

(10) Officers and employees of the United States of America from engaging in the practice of architecture as employees of said United States of America;

(11) A person who holds the certification issued by the National Council of Architectural Registration Boards (NCARB) but who is not currently registered in the jurisdiction, from offering to provide the professional services involved in the practice of architecture, provided that the person shall not perform any of the professional services involved in the practice of architecture until registered as hereinbefore provided, and further provided that he or she notifies the Board in writing that:

a. The person holds a NCARB certificate and is not currently registered in the jurisdiction, but will be present in Delaware for the purpose of offering to provide architectural services;

b. The person will deliver a copy of the notice referred to in paragraph (b)(11)a. of this section to every potential client to whom the person offers to render architectural services; and

c. The person will provide the Board with a statement of intent that the person will apply immediately to the Board for registration, if selected as the architect for a project in Delaware;

(12) A person who holds the certification issued by the National Council of Architectural Registration Boards but who is not currently registered in the jurisdiction from seeking an architectural commission by participating in an architectural design competition for a project in Delaware, provided that the person notifies the Board in writing that:

a. The person holds an NCARB certificate and is not currently registered in the jurisdiction, but will present in Delaware for the purpose of participating in an architectural design competition;

b. The person will deliver a copy of the notice referred to in paragraph (b)(11)a. of this section to every person conducting an architectural design competition in which the person participates; and

c. The person will provide the Board with a statement of intent that the person will apply immediately to the Board for registration, if selected as the architect for the project;

(13) A person who is not currently registered in Delaware, but who is currently registered in another United States or Canadian jurisdiction, from providing uncompensated (other than reimbursement of expenses) professional services at the scene of an emergency at the request of a public officer, public safety officer, or municipal or county building inspector acting in an official capacity. “Emergency” shall mean earthquake, eruption, flood, storm, hurricane, or other catastrophe that has been designated as a major disaster or emergency by the President of the United States or the Governor or other duly authorized office of the State of Delaware;

(14) An individual registered and practicing in a nation other than the United States or Canada (a “foreign architect”) from practicing in this jurisdiction, so long as such practice is in strict accordance with the provisions of this subsection:

a. The foreign architect must show that such foreign architect holds a current registration in good standing which allows such foreign architect to use the title “architect” and to engage in the “unlimited practice of architecture” (defined as the ability to provide services on any type building in any state, province, territory, or other political subdivision of the foreign architect’s national jurisdiction).

b. The foreign architect must show that a bilateral agreement exists between the NCARB and the national registration authority of the foreign architect’s national jurisdiction.

c. An architect registered in this jurisdiction shall take responsible control over all aspects of the architectural services for said project.

d. The foreign architect may not seek, solicit, or offer to render architectural services in this jurisdiction, except with the material participation of the architect referred to in paragraph (b)(14)c. of this section above.

e. Promptly after the foreign architect has been selected to provide architectural services for a project within this jurisdiction, the architect referred to in paragraph (b)(14)c. of this section above must file a statement with the Board:

1. Identifying the foreign architect;

2. Describing the project; and

3. Describing the foreign architect’s role.

f. In all aspects of offering or providing architectural services within this jurisdiction, the foreign architect must use the title “[x], a foreign architect in consultation with [y], an architect registered in Delaware”;

(15) A person currently employed under the responsible control of an architect, and who maintains in good standing a National Council of Architectural Registration Boards record, from using the title “intern architect” or “architectural intern” in conjunctions with the person’s current employment. Such person may not engage in the practice of architecture except to the extent permitted by other provisions of this chapter.

(c) The owner of any real property who allows a project to be constructed on such real property shall be engaged in the practice of architecture unless the owner shall have employed or shall have caused others to have employed a registered architect and/or a registered engineer to furnish construction contract administration services with respect to such project.

(1) For purposes of this section, the following terms shall have the following meanings:

a. “Building official” shall mean the person appointed by the municipality or State subdivision having jurisdiction over the project to have principal responsibility for the safety of the project as finally built.

b. “Construction contract administration services” shall comprise at least the following services:

1. Visiting the construction site on a regular basis as is necessary to determine that the work is proceeding generally in accordance with the technical submissions submitted to the building official at the time the building permit was issued;

2. Processing shop drawings, samples, and other submittals required of the contractor by the terms of construction contract documents; and

3. Notifying an owner and the building official of any code violations, changes which affect code compliance, the use of any materials, assemblies, components or equipment prohibited by a code, major or substantial changes between such technical submissions and the work in progress, or any deviation from the technical submissions which he or she identifies as constituting a hazard to the public, which he or she observes in the course of performing his or her duties.

c. “Owner” shall mean with respect to any real property any of the following persons:

1. The holder of a mortgage secured by such property;

2. The holder, directly or indirectly, of an equity interest in such real property exceeding 10 percent of the aggregate equity interest in such real property;

3. The record owner of such real property; or

4. The lessee of all or any portion of such real property when the lease covers all of that portion of such real property upon which the project is being constructed, the lessee has significant approval rights with respect to the project, and the lease, at the time the construction of the project begins, has a remaining term of not less than 10 years.

d. “Project” shall mean the construction, enlargement, or alteration of a building, other than a building exempted by the provisions of paragraph (b)(5) of this section.

(2) If the registered architect who sealed the technical submissions which were submitted to the building official at the time the building permit was issued has not been employed to furnish construction contract administration services at the time such registered architect issues such technical submissions, the registered architect shall note on such technical submissions that the registered architect has not been so employed. If the registered architect is not employed to furnish construction contract administration services when construction of the project begins, the registered architect shall file, not later than 30 days after such construction begins, with the Board and with the building official, on a form prescribed by the Board, a notice setting forth the names of the owner or owners known to the registered architect, the address of the project, and the name, if known to the registered architect, of the registered architect employed to perform construction contract administration services. If the registered architect believes that no registered architect has been so employed, the registered architect shall so state on the form. Any registered architect who fails to place the note on that registered architect’s technical submissions or to file such notice, as required by this paragraph, shall have violated the provisions of this chapter and shall be subject to disciplines as set forth herein.

(3) If the Board determines, with respect to a particular project or class of projects, that the public is adequately protected without the necessity of a registered architect performing construction contract administration services, the Board may waive the requirements of this subsection with respect to such project or class of projects.
24 Del. C. § 2831 — Delaware Code / Title 24 / Chapter 28 / Section 2831
§ Â
        2831. Continuing professional competency.
Status: in_force

The Council shall prepare and publish guidelines and requirements for the maintenance of professional competency to further Council’s charge to safeguard life, health and property, and to promote the public welfare. All active members shall be required to comply with and satisfy all continuing professional competency guidelines and requirements approved by Council.
24 Del. C. § 3018 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3018
§ Â
        3018. Duty to report conduct that constitutes grounds for discipline or inability to practice.
Status: in_force

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

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

(1) Mental illness or mental incompetence.

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

(3) Excessive abuse of drugs, including alcohol.

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

(d) All reports required under subsections (a), (b) and (c) of this section must be filed within 30 days of becoming aware of such information. A person reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.
24 Del. C. § 5401 — Delaware Code / Title 24 / Chapter 54 / Section 5401
§ Â
        5401. Short title.
Status: in_force

This chapter may be cited as the “Delaware Revised Uniform Athlete Agents Act.”
24 Del. C. § 5133 — Delaware Code / Title 24 / Chapter 51 / Subchapter II / Section 5133
§ Â
        5133. Equipment.
Status: in_force

Every school shall have, and shall maintain in good working condition, appropriate and sufficient equipment for its entire student body.
24 Del. C. § 3704A — Delaware Code / Title 24 / Chapter 37A / Section 3704A
§ Â
        3704A. State participation in the Compact.
Status: in_force

(a) A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state where the licensee obtains such a privilege.

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

(1) A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions.

(2) Communication between a member state, the Commission and among member states regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under U.S. Public Law 92-544.

(c) Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, and whether any adverse action has been taken against any license or privilege to practice held by the applicant.

(d) Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws.

(e) For an audiologist:

(1) Must meet 1 of the following educational requirements:

a. On or before, Dec. 31, 2007, has graduated with a master’s degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.

b. On or after, Jan. 1, 2008, has graduated with a doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.

c. Has graduated from an audiology program that is housed in an institution of higher education outside of the United States (i) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (ii) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program.

(2) Has completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the Commission.

(3) Has successfully passed a national examination approved by the Commission;

(4) Holds an active, unencumbered license.

(5) Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law.

(6) Has a valid United States Social Security or National Practitioner Identification number.

(f) For a speech-language pathologist:

(1) Must meet 1 of the following educational requirements:

a. Has graduated with a master’s degree from a speech-language pathology program that is accredited by an organization recognized by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.

b. Has graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States (i) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (ii) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program.

(2) Has completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the Commission.

(3) Has completed a supervised postgraduate professional experience as required by the Commission.

(4) Has successfully passed a national examination approved by the Commission.

(5) Holds an active, unencumbered license.

(6) Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law.

(7) Has a valid United States Social Security or National Practitioner Identification number.

(g) The privilege to practice is derived from the home state license.

(h) An audiologist or speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts, and the laws of the member state in which the client is located at the time service is provided.

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

(j) Member states may charge a fee for granting a compact privilege.

(k) Member states must comply with the bylaws and rules and regulations of the Commission.
24 Del. C. § 3505A — Delaware Code / Title 24 / Chapter 35A / Section 3505A
§ Â
        3505A. Conditions of telepsychology practice in a receiving state.
Status: in_force

A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the Commission, and under the following circumstances:

(1) The psychologist initiates a client/patient contact in a home state via telecommunications technologies with a client/patient in a receiving state.

(2) Other conditions regarding telepsychology as determined by rules promulgated by the Commission.
24 Del. C. § 2118 — Delaware Code / Title 24 / Chapter 21 / Section 2118
§ Â
        2118. Exemptions.
Status: in_force

(a) Nothing in this chapter shall be construed to prevent the sale and/or application of spectacles in the ordinary course of trade, provided no part of this chapter is violated by this exemption.

(b) Those persons having the degree of Doctor of Medicine or Doctor of Osteopathy and licensed to practice medicine and surgery in this State under Chapter 17 of this title shall be exempt from this chapter, and nothing in this chapter shall apply to or restrict a nationally registered contact lens technician, acting under a valid written spectacle prescription not more than 2 years old and under the supervision of a licensed ophthalmologist or optometrist, as defined in subsection (c) of this section, whose office is on the same premises as the contact lens technician. The contact lens technician shall keep the Board informed of the identity and office location of the contact lens technician’s licensed supervising ophthalmologist or optometrist.

(c) For purposes of subsection (b) of this section, the following definitions apply:

(1) “On the same premises” means being within the same building as the designated licensed supervising ophthalmologist or optometrist. The building occupied by the designated licensed supervising ophthalmologist or optometrist must not include space with a building or structure owned, leased or occupied by the designated licensed supervising practitioner in which the designated licensed supervising practitioner does not engage in the regular and consistent practice of ophthalmology or optometry.

(2) “Supervision” means the regular and consistent physical presence and availability of a designated licensed supervising ophthalmologist or optometrist within the same building as the contact lens technician.
24 Del. C. § 4035 — Delaware Code / Title 24 / Chapter 40 / Subchapter IV / Section 4035
§ Â
        4035. Enforcement.
Status: in_force

The Council may censure an appraisal management company, conditionally or unconditionally suspend or revoke any registration issued under this chapter or impose civil penalties not to exceed $15,000 per violation if, after a hearing, the Council finds that an appraisal management company is attempting to perform, has performed or has attempted to perform any of the following acts:

(1) Committing any act in violation of this chapter.

(2) Violating any rule adopted by the Council in the interest of the public and consistent with this chapter.

(3) Knowingly making or causing to be made to the Council any false representation of material fact.

(4) Suppressing or withholding from the Council any information that the applicant possesses and that, if submitted by the applicant, would have rendered the applicant ineligible to be registered pursuant to rules adopted by the Council.

(5) Violating the Federal Financial Institutions Reform, Recovery and Enforcement Act of 1989, the act of July 21, 2010 [P. L. 111-203, 124 Stat. 2190].
24 Del. C. § 5508 — Delaware Code / Title 24 / Chapter 55 / Section 5508
§ Â
        5508. Change of address.
Status: in_force

Notification shall be made to the Professional Licensing Section within 14 days after the change of any contact information, including but not limited to, address, phone number (home and cell), and E-mail address of any individual licensed under this chapter. Failure to do so may result in the suspension or revocation of a license.
24 Del. C. § 1503 — Delaware Code / Title 24 / Chapter 15 / Section 1503
§ Â
        1503. Inspection of food preparation areas.
Status: in_force

The food preparation area of any hotel, restaurant, place of business, institution or business which prepares or serves food for human consumption shall be subject to a state health inspection, without advance notice. For purposes of this section, a “food preparation area” shall include any kitchen, food storage area, locker or other area where food is prepared or kept prior to being served. For purposes of this section, the term “advance notice” shall mean any form of communication of a plan or schedule for inspection by any representative of the Department of Health and Social Services, prior to the inspection.
24 Del. C. § 3030 — Delaware Code / Title 24 / Chapter 30 / Subchapter II / Section 3030
§ Â
        3030. License required.
Status: in_force

No person shall hold himself or herself out to the public as a licensed professional counselor of mental health or licensed associate counselor of mental health unless the person is licensed in accordance with this chapter. It shall be unlawful for a person who is not licensed under this chapter, or the person’s employees, agents or representatives, to use in connection with the person’s name or business the words “licensed professional counselor of mental health,” “licensed associate counselor of mental health,” or any other words, letters, abbreviations or insignia indicating or implying directly or indirectly that the person is licensed under this chapter.
24 Del. C. § 1612 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1612
§ Â
        1612. Massagist license application.
Status: repealed

Repealed by 77 Del. Laws, c. 168, § 11, effective July 16, 2009.
24 Del. C. § 3100 — Delaware Code / Title 24 / Chapter 31 / Subchapter I / Section 3100
§ Â
        3100. Objectives.
Status: in_force

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

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

(1) Develop standards assuring professional competence.

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

(3) Adjudicate at formal hearings regarding complaints brought against practitioners regulated by the Board.

(4) Promulgate rules and regulations.

(5) Impose sanctions where necessary against practitioners, both licensed and formerly licensed.
24 Del. C. § 107 — Delaware Code / Title 24 / Chapter 1 / Section 107
§ Â
        107. Requirements and qualifications for a permit to practice as a certified public accountant [Effective July 1, 2026].
Status: repealed

(a) Each person who is engaged in the practice of certified public accountancy and whose principal place of business is in this State, whether as a principal or employee of a firm, shall be required to obtain and maintain a valid permit to practice certified public accountancy. The permit to practice as a certified public accountant shall be granted to persons who meet the education, experience, lack of disqualifying conviction and examination requirements of the following subsections of this section and rules adopted thereunder and who make application therefore pursuant to § 108 of this title.

(b) (1) The applicant has not been convicted of a crime that is substantially related to the practice of accountancy; however, if after consideration of the factors set forth under § 8735(x)(3) of Title 29, through a hearing or review of documentation, the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this subsection.

(2) Notwithstanding the limitation in § 8735(x)(4)d. of Title 29, the Board may consider convictions for financial sector crimes such as bribery, embezzlement, identity theft, racketeering, money laundering, terrorist financing, fraud (including fraudulent financial reporting) and tax evasion regardless of the time that has passed since conviction.

(3)-(4) [Repealed.]

(c) The applicant has completed at least 1 of the following:

(1) A post-baccalaureate or higher degree conferred by an accredited college or university acceptable to the Board, the total educational program to include an accounting concentration or equivalent as determined by Board rule to be appropriate.

(2) At least 150 semester hours of college education including a baccalaureate or higher degree conferred by an accredited college or university acceptable to the Board, the total educational program to include an accounting concentration or equivalent as determined by Board rule to be appropriate.

(3) A baccalaureate degree conferred by an accredited college or university acceptable to the Board, the total educational program to include an accounting concentration or equivalent as determined by Board rule to be appropriate.

(d) The applicant has successfully passed the Uniform Certified Public Accountant Examination and/or such successor examinations as may be required to qualify for a permit to practice, provided that the applicant may not sit for said exams until that applicant has successfully completed a baccalaureate or higher degree conferred by an accredited college or university acceptable to the Board, the total educational program to include an accounting concentration or equivalent as determined by Board rule to be appropriate.

(e) The applicant has successfully passed the AICPA self-study course and examination in professional ethics.

(f) The applicant has had 1 year of experience if applying for a permit based on the educational requirement under paragraph (c)(1) or (c)(2) of this section, and the applicant has had 2 years of experience if applying for a permit based on the educational requirement under paragraph (c)(3) of this section. The experience required by this subsection shall include providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills all of which was supervised by a United States certified public accountant, meeting requirements prescribed by the Board by rule. This experience would be acceptable if it was gained through employment in government, industry, academia or public practice.(a) Each person who is engaged in the practice of certified public accountancy and whose principal place of business is in this State, whether as a principal or employee of a firm, shall be required to obtain and maintain a valid permit to practice certified public accountancy. The permit to practice as a certified public accountant shall be granted to persons who meet the education, experience, lack of disqualifying conviction and examination requirements of the following subsections of this section and rules adopted thereunder and who make application therefore pursuant to § 108 of this title.

(b) (1) The applicant has not been convicted of a crime that is substantially related to the practice of accountancy; however, if after consideration of the factors set forth under § 8735(x)(3) of Title 29, through a hearing or review of documentation, the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this subsection.

(2) Notwithstanding the limitation in § 8735(x)(4)d. of Title 29, the Board may consider convictions for financial sector crimes such as bribery, embezzlement, identity theft, racketeering, money laundering, terrorist financing, fraud (including fraudulent financial reporting) and tax evasion regardless of the time that has passed since conviction.

(3)-(4) [Repealed.]

(c) The applicant has completed at least 150 semester hours of college education including a baccalaureate or higher degree conferred by an accredited college or university acceptable to the Board, the total educational program to include an accounting concentration or equivalent as determined by Board rule to be appropriate;

(d) The applicant has successfully passed the Uniform Certified Public Accountant Examination and/or such successor examinations as may be required to qualify for a permit to practice, provided that the applicant may not sit for said exams until that applicant has successfully completed at least 120 semester hours of college education including a baccalaureate or higher degree conferred by an accredited college or university acceptable to the Board, the total educational program to include an accounting concentration or equivalent as determined by Board rule to be appropriate;

(e) The applicant has successfully passed the AICPA self-study course and examination in professional ethics; and

(f) The applicant has had 1 year of experience. This experience shall include providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills all of which was supervised by a United States certified public accountant, meeting requirements prescribed by the Board by rule. This experience would be acceptable if it was gained through employment in government, industry, academia or public practice.
24 Del. C. § 2805 — Delaware Code / Title 24 / Chapter 28 / Section 2805
§ Â
        2805. Ownership and use of property.
Status: in_force

The Association may purchase, acquire, or receive by gift or bequest for the purposes of the Association and furtherance of its objectives, but for no other purposes or objectives, any real or personal property, and may sell, mortgage, lease, or otherwise dispose of any said property.
24 Del. C. § 3900D — Delaware Code / Title 24 / Chapter 39D / Section 3900D
§ Â
        3900D. Adoption.
Status: in_force

(a) The State hereby enters into the Social Work Licensure Compact (“Compact”) as set forth in this chapter.

(b) The Social Work Licensure Compact is hereby enacted into law and entered into with all other jurisdictions joining therein, in substantially the same form as in this chapter.
24 Del. C. § 1905B — Delaware Code / Title 24 / Chapter 19B / Section 1905B
§ Â
        1905B. Applications for APRN licensure in a party state [Effective upon fulfillment of 83 Del. Laws, c. 110, Â 2].
Status: in_force

(a) Upon application for an APRN multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held or is the holder of a licensed practical/vocational nursing license, a registered nursing license or an advanced practice registered nurse license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.

(b) An APRN may hold a multistate APRN license, issued by the home state, in only 1 party state at a time.

(c) If an APRN changes primary state of residence by moving between 2 party states, the APRN must apply for APRN licensure in the new home state, and the multistate license issued by the prior home state shall be deactivated in accordance with applicable Commission rules.

(1) The APRN may apply for licensure in advance of a change in primary state of residence.

(2) A multistate APRN license shall not be issued by the new home state until the APRN provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate APRN license from the new home state.

(d) If an APRN changes primary state of residence by moving from a party state to a non-party state, the APRN multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.
24 Del. C. § 2310 — Delaware Code / Title 24 / Chapter 23 / Subchapter II / Section 2310
§ Â
        2310. Licenses required.
Status: in_force

(a) No person shall carry on the business of a pawnbroker, secondhand dealer or scrap metal processor without first having taken out a license and duly qualified as provided in this chapter.

(b) All licenses granted by the State Police to such persons, citizens of this State and companies existing under the laws of this State to engage in and carry on the business of pawnbroker, secondhand dealer or scrap metal processor shall expire annually on December 31.

(c) The licenses shall designate the address in which the person or company shall carry on the business. No person or company shall engage in or carry on the business of pawnbroker, secondhand dealer or scrap metal processor in any other building than the one designated in the license. This prohibition does not apply to the acquisition of goods by a pawnbroker, secondhand dealer or scrap metal processor.

(d) The Director may suspend or revoke a license or issue an emergency suspension for a violation of this chapter or regulations promulgated thereunder by the Secretary.

(e) Anyone licensed under this chapter shall notify the Section within 5 days of being arrested for any misdemeanor or felony crime.
24 Del. C. § 1737 — Delaware Code / Title 24 / Chapter 17 / Subchapter IV / Section 1737
§ Â
        1737. Confidentiality of records.
Status: in_force

Release of records of the Board is governed by the provisions of the Freedom of Information Act, Chapter 100 of Title 29.
24 Del. C. § 2006A — Delaware Code / Title 24 / Chapter 20A / Section 2006A
§ Â
        2006A. Obtaining a new home state license by virtue of compact privilege.
Status: in_force

(a) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only 1 member state at a time.

(b) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between 2 member states:

(1) The occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the Commission.

(2) Upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in § 2005A of this title via the data system, without need for primary source verification except for:

a. A Federal Bureau of Investigation fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with U.S. Public Law 92-544;

b. Other criminal background check as required by the new home state; and

c. Submission of any requisite jurisprudence requirements of the new home state.

(3) The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the Commission.

(4) Notwithstanding any other provision of this Compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in § 2005A of this title, the new home state shall apply its requirements for issuing a new single-state license.

(5) The occupational therapist or the occupational therapy assistant shall pay all applicable fees to the new home state in order to be issued a new home state license.

(c) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria shall apply for issuance of a single-state license in the new state.

(d) Nothing in this compact shall interfere with a licensee’s ability to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee shall have only 1 home state license.

(e) Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single-state license.
24 Del. C. § 6117 — Delaware Code / Title 24 / Chapter 61 / Section 6117
§ Â
        6117. Penalty; misdemeanor.
Status: in_force

An individual not currently licensed as an elevator mechanic or exempt from licensure under this chapter, who is determined to be performing elevator work, or assuming or using a title or description conveying, or tending to convey, the impression that the individual is qualified to perform elevator work, shall be guilty of a misdemeanor. For a first offense, the individual shall be fined not less than $500 nor more than $1,500 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,500 nor more than $2,300 for each offense. Justice of the Peace Courts shall have jurisdiction over all violations of this chapter.
24 Del. C. § 1100 — Delaware Code / Title 24 / Chapter 11 / Subchapter I / Section 1100
§ Â
        1100. Objectives.
Status: in_force

The primary objective of the State Board of Dentistry and Dental Hygiene, 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 and unprofessional practices.

The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensees or former licensees.
24 Del. C. § 3012A — Delaware Code / Title 24 / Chapter 30A / Section 3012A
§ Â
        3012A. Oversight, dispute resolution, and enforcement.
Status: in_force

(a) Oversight. — (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.

(2) All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Commission.

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

(b) Default, technical assistance, and termination. —

If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:

(1) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and

(2) Provide remedial training and specific technical assistance regarding the default.

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

(d) Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.

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

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

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

(h) 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.

(i) 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 such litigation, including reasonable attorneys’ fees.

(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
24 Del. C. § 2120 — Delaware Code / Title 24 / Chapter 21 / Section 2120
§ Â
        2120. Penalty.
Status: in_force

A person not currently licensed as an optometrist under this chapter, when guilty of engaging in the practice of optometry 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 practice optometry, shall be guilty of a misdemeanor. Upon the first offense, that person shall be fined not less than $100 nor more than $500 for each offense; and, in addition, may be imprisoned for not more than 1 year. For a second or subsequent conviction, the fine shall be not less than $500 nor more than $1,000 for each offense. Superior Court shall have jurisdiction over all violations of this chapter.
24 Del. C. § 1319 — Delaware Code / Title 24 / Chapter 13 / Section 1319
§ Â
        1319. Private investigative agency license requirements.
Status: in_force

An applicant applying for a license to own and operate a private investigative business, shall have the same qualifications as a private security agency license and must also have at least 5 years' investigative experience or must have been a police officer for any local, state or federal agency or the equivalent thereof who has graduated from a certified law-enforcement academy.
24 Del. C. § 3315 — Delaware Code / Title 24 / Chapter 33 / Subchapter II / Section 3315
§ Â
        3315. Temporary license.
Status: repealed

(a) Upon payment of the appropriate fee and on submission of a written application on forms provided by the Board, the Board shall issue a temporary license to a person who has applied for licensure as a veterinarian under this subsection and who either is being considered for licensure under the reciprocity provision of this subchapter, or, is eligible to take the examination provided for in this subchapter. Such temporary license will be available to an applicant only with respect to the first application for licensure, and the applicant shall use the temporary license only while under the supervision of a licensed veterinarian. In all cases, such temporary license shall expire automatically if the applicant fails the examination or fails to sit for the same at the earliest opportunity. In all cases where a temporary license is issued to an applicant for licensure by reciprocity, such temporary license shall expire automatically upon written notice to the applicant by the Board that it proposes to deny such application. Upon expiration, the temporary license shall be surrendered to the Board.

(b) [Repealed.]
24 Del. C. § 4117 — Delaware Code / Title 24 / Chapter 41 / Subchapter II / Section 4117
§ Â
        4117. Hearing procedures.
Status: in_force

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 4114 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

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

(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
24 Del. C. § 1782 — Delaware Code / Title 24 / Chapter 17 / Subchapter VIII / Section 1782
§ Â
        1782. Definitions.
Status: in_force

For purposes of this subchapter, the following definitions will apply.

(1) “Abortion” means the use of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.

(2) “Coercion” means restraining or dominating the choice of a minor female by force, threat of force, or deprivation of food and shelter.

(3) “Emancipated minor” means any minor female who is or has been married or has, by court order or otherwise, been freed from the care, custody and control of her parents or any other legal guardian.

(4) “Licensed mental health professional” means a person licensed under the Division of Professional Regulation of the State as a:

(a) Psychiatrist;

(b) Psychologist; or

(c) Licensed professional counselor of mental health.

(5) “Medical emergency” means that condition which, on the basis of the physician or other medically authorized person’s good faith clinical judgment, so complicates the medical condition of the pregnant minor as to necessitate the immediate abortion of her pregnancy to avert her death or for which delay will create serious risk of substantial and irreversible impairment of a major bodily function.

(6) “Minor” means a female person under the age of 16.
24 Del. C. § 1799AA — Delaware Code / Title 24 / Chapter 17 / Subchapter XII / Section 1799AA
§ Â
        1799AA. Issuance and renewal of licenses; fees.
Status: in_force

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

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

(c) Each license shall be renewed biennially, in such manner as is determined by the Division and upon payment of the appropriate fee and submission of a renewal form provided by the Division, and proof that the licensee has met the continuing education requirements established by § 1799Z of this title.

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

(e) A licensee, upon written request, may be placed in an inactive status for no more than 5 years. Such person, who desires to reactivate that person’s license, shall complete a board-approved application form, obtain an updated certified criminal background check, submit a renewal fee, and proof of fulfillment of continuing education requirements in accordance with the rules and regulation of the Council.
24 Del. C. § 3902D — Delaware Code / Title 24 / Chapter 39D / Section 3902D
§ Â
        3902D. Definitions.
Status: in_force

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

(1) “Active military member” means any individual with full-time duty status in the active armed forces of the United States including members of the National Guard and Reserve.

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

(3) “Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a licensing authority to address practitioners with an impairment.

(4) “Charter member states” means member states who have enacted legislation to adopt this Compact where such legislation predates April 12, 2024.

(5) “Compact Commission” or “Commission” means the government agency whose membership consists of all states that have enacted this Compact, which is known as the Social Work Licensure Compact Commission, as described in § 3910D of this title, and which shall operate as an instrumentality of the member states.

(6) “Current significant investigative information” means either of the following:

a. Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the regulated social worker to respond has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction as may be defined by the Commission.

b. Investigative information that indicates that the regulated social worker represents an immediate threat to public health and safety, as may be defined by the Commission, regardless of whether the regulated social worker has been notified and has had an opportunity to respond.

(7) “Data system” means a repository of information about licensees, including continuing education, examination, licensure, current significant investigative information, disqualifying event, multistate licenses, adverse action information, or other information as required by the Commission.

(8) “Disqualifying event” means any adverse action or incident which results in an encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain or renew a Multistate License.

(9) “Domicile” means the jurisdiction in which the licensee resides and intends to remain indefinitely.

(10) “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of social work licensed and regulated by a licensing authority.

(11) “Executive committee” means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the Compact and Commission.

(12) “Home state” means the member state that is the licensee’s primary domicile.

(13) “Impairment” means a condition that may impair a practitioner’s ability to engage in full and unrestricted practice as a regulated social worker without some type of intervention and may include alcohol and drug dependence, mental health impairment, and neurological or physical impairments.

(14) “Licensee” means an individual who currently holds a license from a state to practice as a regulated social worker.

(15) “Licensing authority” means the board or agency of a member state, or equivalent, that is responsible for the licensing and regulation of regulated social workers.

(16) “Member state” means a state, commonwealth, district, or territory of the United States of America that has enacted this Compact.

(17) “Multistate Authorization to Practice” means a legally authorized privilege to practice, which is equivalent to a license, associated with a Multistate License permitting the practice of social work in a remote state.

(18) “Multistate License” means a license to practice as a regulated social worker issued by a home state licensing authority that authorizes the regulated social worker to practice in all member states under a Multistate Authorization to Practice.

(19) “Qualifying national exam” means a national licensing examination approved by the Commission.

(20) “Regulated social worker” means any clinical, master’s, or bachelor’s social worker licensed by a member state regardless of the title used by that member state.

(21) “Remote state” means a member state other than the licensee’s home state.

(22) “Rules” or “rules of the Commission” means a regulation or regulations duly promulgated by the Commission, as authorized by the Compact, that has the force of law.

(23) “Single state license” means a social work license issued by any state that authorizes practice only within the issuing state and does not include Multistate Authorization to Practice in any member state.

(24) “Social work” or “social work services” means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities through the care and services provided by a regulated social worker as set forth in the member state’s statutes and regulations in the state where the services are being provided.

(25) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of social work.

(26) “Unencumbered license” means a license that authorizes a regulated social worker to engage in the full and unrestricted practice of social work.
24 Del. C. § 504 — Delaware Code / Title 24 / Chapter 5 / Subchapter I / Section 504
§ Â
        504. Organization; meetings; officers; quorum.
Status: in_force

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

(b) The Board annually shall elect a president and secretary. Each officer shall serve for 1 year, and shall not succeed oneself for more than 2 consecutive terms.

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

(d) Minutes of all meetings shall be recorded, and the Division of Professional Regulation 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. § 1710 — Delaware Code / Title 24 / Chapter 17 / Subchapter II / Section 1710
§ Â
        1710. Composition [Effective July 17, 2028].
Status: in_force

(a) The Board of Medical Licensure and Discipline has the sole authority in this State to issue certificates to practice medicine and is the State’s supervisory, regulatory, and disciplinary body for the practice of medicine. The Board also has the sole authority in this State to issue authorizing documents to practice other specified professions or occupations regulated by this chapter, and to supervise, regulate, and discipline members of those professions and occupations.

(b) The Board consists of 16 voting members appointed by the Governor, which shall be composed of the following members:

(1) Eight persons certified and registered to practice medicine in this State, at least 1 of whom is an osteopathic physician, as follows:

a. Four have their primary place of practicing medicine in New Castle County;

b. Two shall have their primary place of practicing medicine in Kent County;

c. Two shall have their primary place of practicing medicine in Sussex County.

(2) Five public members.

(3) Two physician assistants recommended by the Regulatory Council for Physician Assistants.

(4) The Director of the Division of Public Health.

(c) A public member, except a physician assistant, may not be nor may ever have been certified, licensed, or registered pursuant to this chapter; may not be the spouse of someone certified, licensed, or registered pursuant to this chapter; at the time of appointment may not be a member of the immediate family of someone certified, licensed, or registered pursuant to this chapter.

(d) The Medical Society of Delaware and the Delaware State Osteopathic Medical Society may submit lists of their resident members and any recommendations to the Governor by January 1 of each year under the seal of and signed by the Secretary of the Society to aid the Governor in the appointment of new members to the Board.

(e) An appointment to the Board to succeed a member whose term has expired shall be for a 3-year term. Vacancies occurring for any cause other than expiration of term shall be filled by the Governor for the unexpired term as provided in this subsection.

(f) A physician-appointee to the Board must be a certified and registered physician in good standing, and must have practiced medicine under the laws of this State for a period of not less than 5 years prior to the physician-appointee’s appointment to the Board.

(g) The Governor shall fill vacancies on the Board and, after a hearing, may remove a member of the Board for cause due to the member’s neglect of the duties required by this chapter, or on the recommendation of the Board, after a hearing, due to the member’s unprofessional or dishonorable conduct.

(h) A member of the Board may not serve more than 3 full, consecutive 3-year terms, which is not diminished by serving an unexpired term. Upon serving 3 full, consecutive 3-year terms, a former member is eligible for reappointment to the Board no earlier than 1 year after the expiration of the last term served on the Board by the former member.

(i) (1) While serving on the Board, a member may not be an officer of any state or local allopathic or osteopathic medical society.

(2) While serving on the Board, a member of the Board may not be a member of the board of directors of a professional review organization.

(j) Each member of the Board shall be compensated at an appropriate and reasonable level as determined by the Division of Professional Regulation not more than $100 for each meeting attended, and not more than a total of $1,500 for meetings attended in a calendar year, and may be reimbursed for all expenses involved in each meeting, including travel, according to Division policy.(a) The Board of Medical Licensure and Discipline has the sole authority in this State to issue certificates to practice medicine and is the State’s supervisory, regulatory, and disciplinary body for the practice of medicine. The Board also has the sole authority in this State to issue authorizing documents to practice other specified professions or occupations regulated by this chapter, and to supervise, regulate, and discipline members of those professions and occupations.

(b) The Board consists of 16 voting members appointed by the Governor, which shall be composed of the following members:

(1) Eight persons certified and registered to practice medicine in this State, at least 1 of whom is an osteopathic physician, as follows:

a. Four have their primary place of practicing medicine in New Castle County;

b. Two shall have their primary place of practicing medicine in Kent County;

c. Two shall have their primary place of practicing medicine in Sussex County.

(2) Five public members.

(3) Two physician assistants recommended by the Regulatory Council for Physician Assistants.

(4) The Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division.

(c) A public member, except a physician assistant, may not be nor may ever have been certified, licensed, or registered pursuant to this chapter; may not be the spouse of someone certified, licensed, or registered pursuant to this chapter; at the time of appointment may not be a member of the immediate family of someone certified, licensed, or registered pursuant to this chapter.

(d) The Medical Society of Delaware and the Delaware State Osteopathic Medical Society may submit lists of their resident members and any recommendations to the Governor by January 1 of each year under the seal of and signed by the Secretary of the Society to aid the Governor in the appointment of new members to the Board.

(e) An appointment to the Board to succeed a member whose term has expired shall be for a 3-year term. Vacancies occurring for any cause other than expiration of term shall be filled by the Governor for the unexpired term as provided in this subsection.

(f) A physician-appointee to the Board must be a certified and registered physician in good standing, and must have practiced medicine under the laws of this State for a period of not less than 5 years prior to the physician-appointee’s appointment to the Board.

(g) The Governor shall fill vacancies on the Board and, after a hearing, may remove a member of the Board for cause due to the member’s neglect of the duties required by this chapter, or on the recommendation of the Board, after a hearing, due to the member’s unprofessional or dishonorable conduct.

(h) A member of the Board may not serve more than 3 full, consecutive 3-year terms, which is not diminished by serving an unexpired term. Upon serving 3 full, consecutive 3-year terms, a former member is eligible for reappointment to the Board no earlier than 1 year after the expiration of the last term served on the Board by the former member.

(i) (1) While serving on the Board, a member may not be an officer of any state or local allopathic or osteopathic medical society.

(2) While serving on the Board, a member of the Board may not be a member of the board of directors of a professional review organization.

(j) Each member of the Board shall be compensated at an appropriate and reasonable level as determined by the Division of Professional Regulation not more than $100 for each meeting attended, and not more than a total of $1,500 for meetings attended in a calendar year, and may be reimbursed for all expenses involved in each meeting, including travel, according to Division policy.
24 Del. C. § 3922 — Delaware Code / Title 24 / Chapter 39 / Section 3922
§ Â
        3922. Appointment of a custodian of client records.
Status: in_force

(a) If the Board of Social Work Examiners receives a formal or informal complaint concerning access to client records as a result of a licensed clinical social worker’s physical or mental incapacity, death, or abandonment or involuntary discontinuation of a social work practice in this State, the Board of Social Work Examiners may temporarily or permanently appoint an individual or entity as custodian of the licensed clinical social worker’s client records after an investigation in accordance with the procedure under § 8735(h) of Title 29.

(b) (1) The custodian of client records appointed under this section shall notify the licensed clinical social worker’s clients 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 licensed clinical social worker 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 client can procure the client’s records.

b. Notifying, by first-class mail, all clients 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 client can procure the client’s records.

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

(c) A custodian of client records appointed under this section who disposes of client 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 client’s records.
24 Del. C. § 3106 — Delaware Code / Title 24 / Chapter 31 / Subchapter II / Section 3106
§ Â
        3106. License; registration required; responsibility.
Status: repealed

(a) No person shall, without a license, engage in the practice of funeral services; hold himself or herself out to the public in this State as being qualified to practice funeral services; use or display in connection with that person’s name any sign or advertise in any manner as being a funeral director or provider of funeral services; or otherwise assume or use any title or description conveying or tending to convey the impression that the person is qualified to practice funeral services.

(b) Practitioners regulated under this chapter shall observe and be subject to all federal, state, and municipal regulations relating to the control of contagious and infectious diseases, and any and all matters pertaining to public health, including reporting to the proper health office the same as other practitioners.

(c) Whenever a license to practice as a funeral director in this State has expired or been suspended or revoked, it shall be unlawful for the person to practice funeral services in this State and, if the individual is a sole proprietor, the establishment permit shall also be revoked.

(d) No person shall act as an intern or hold himself or herself out as a funeral services intern unless such person has been duly registered by the Board under this chapter.

(e) [Repealed.]

(f) No person or entity outside of this State shall broker funeral services within this State without being a duly-licensed Delaware funeral director operating from a duly licensed Delaware funeral establishment.
24 Del. C. § 1715A — Delaware Code / Title 24 / Chapter 17A / Section 1715A
§ Â
        1715A. Rulemaking functions of the Interstate Commission.
Status: in_force

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

(b) Rules deemed appropriate for the operations of the Interstate Commission shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act” of 2010 [MSAPA, 15 U.L.A. (2010)], and subsequent amendments thereto.

(c) Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the Interstate Commission.
24 Del. C. § 2100 — Delaware Code / Title 24 / Chapter 21 / Section 2100
§ Â
        2100. Objectives.
Status: in_force

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

The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners.
24 Del. C. § 5121 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5121
§ Â
        5121. Requirements for apprenticeships.
Status: repealed

(a) An individual who chooses to seek eligibility for the cosmetologist, barbering, electrology or nail technician examination by apprenticeship shall apply to the Board for an apprentice permit.

(b) The owner of a shop that employs apprentices shall submit to the Board, on a form provided by the Board, a quarterly report of the hours earned by each apprentice. The reports shall be submitted by the following dates: April 15, July 15, October 15, and January 15.

(c) [Repealed.]

(d) An apprentice may not be the employer of the supervising licensee.
24 Del. C. § 5416 — Delaware Code / Title 24 / Chapter 54 / Section 5416
§ Â
        5416. Civil penalty.
Status: in_force

The Secretary may assess a civil penalty against an athlete agent not to exceed $50,000 for a violation of this chapter.
24 Del. C. § 2549 — Delaware Code / Title 24 / Chapter 25 / Subchapter VI / Section 2549
§ Â
        2549. Substitution of drugs [Effective until June 30, 2026].
Status: in_force

(a) When a pharmacist receives a prescription drug order from a practitioner for a brand or trade name drug, the pharmacist may dispense a therapeutically equivalent drug if the following conditions are met:

(1) The practitioner, in the case of a written prescription, places that practitioner’s own signature on the signature line along side or above the words “substitution permitted” pursuant to subsection (c) of this section; or, in the case of a verbal prescription or a verbal prescription reduced to writing, the practitioner states that the substitution may be made; or, in the case of an order written in an institution licensed by the Department of Health and Social Services pursuant to Chapter 10 or Chapter 11 of Title 16, the practitioner has given written authorization to fill all prescription drug orders with therapeutically equivalent drugs unless otherwise indicated;

(2) The pharmacist informs the patient or the patient’s adult representative that a therapeutically equivalent drug has been dispensed;

(3) The pharmacist indicates on the prescription and on the prescription label the name of the manufacturer or distributor of the therapeutically equivalent drug substituted unless the practitioner indicates otherwise.

(b) Unauthorized dispensing of a therapeutically equivalent drug in violation of this section is punishable by a fine of not less than $500 nor more than $1,000 or by a term of imprisonment of not less than 30 days nor more than 1 year, or both a fine and a term of imprisonment.

(c) Every prescription written in this State by a practitioner must be on a prescription form containing a line for the practitioner’s signature. Alongside or beneath the signature line the words “Substitution Permitted” must be clearly printed. Beneath the signature line the following statement must be clearly printed:

“In order for a brand name product to be dispensed, the prescriber must handwrite ‘Brand Necessary’ or ‘Brand Medically Necessary’ in the space below.”

A second line to accommodate the above-mentioned wording must be provided beneath the statement. Prescription forms containing the appropriate signature line and statement must be used by every practitioner in this State who prescribes drugs.
24 Del. C. § 1194 — Delaware Code / Title 24 / Chapter 11 / Subchapter V / Section 1194
§ Â
        1194. Appeal panel.
Status: in_force

(a) Prior to the administration of the first practical examination each year by the Board, the Director of the Division of Professional Regulation shall appoint an appeal panel to hear appeals as a result of denial of licensure by the Board for failure of a practical examination. For appeals arising from the failure of the dental practical examination, the appeal panel shall consist of 2 dentists licensed to practice in this State and 1 public member. For appeals arising from the failure of the dental hygiene practical examination, the appeal panel shall consist of 1 dentist licensed to practice in this State, 1 dental hygienist and 1 public member.

(b) The licensed professional members of the respective panels shall have at least 3 years of experience practicing in their respective professions. A professional member shall not have served on the State Board of Dentistry and Dental Hygiene nor on the Dental Hygiene Advisory Committee for at least 5 years preceding the professional member’s appointment to the panel; nor shall such professional member be an officer or other elected official in a professional association of dentists or dental hygienists. The public member shall not have been a dentist nor dental hygienist, nor a member of the immediate family of a dentist or dental hygienist, nor have been employed by a dentist, nor have a material interest in the providing of goods and services to dentists, nor have been engaged in an activity directly related to dentistry or dental hygiene.

(c) Each member of the appeal panel shall serve for a term of 1 year and shall be eligible for 1 additional reappointment to the appeal panel.

(d) In the event an applicant for licensure has failed a practical examination administered by the State Board of Dentistry and Dental Hygiene, the applicant has the right to appeal the decision by the Board. Such appeal shall be filed in writing with the Director of the Division of Professional Regulation within 20 days of the date of notification by the Board. Upon receipt of the applicant’s written appeal of the Board’s decision, the Director shall convene the appeal panel within 30 days. The Director shall notify the appellant by certified mail of the date set for the hearing.

(e) The conduct of all hearings and the issuance of orders shall be in accordance with procedures established pursuant to this section, Chapter 101 of Title 29 and § 8735 of Title 29. Where such provisions conflict with the provisions of this section, this section shall govern.

(f) The applicant may appeal any denial of licensure by the panel to the Superior Court within 30 days’ notice of denial. Such appeal shall be on the record.

(g) In the event that an appeal is remanded from Superior Court, such appeal will be heard by the original appeal panel.
24 Del. C. § 1601 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1601
§ Â
        1601. Purpose.
Status: in_force

(a) It is the finding of the General Assembly that the health, safety and welfare of the people of the State are imperiled by the increasing incidence of the crimes of obscenity, prostitution and of offenses related thereto. The General Assembly finds that the foregoing crimes are principally facilitated by the widespread abuse of legitimate occupations and establishments, to wit, adult entertainment establishments. It is the further finding of the General Assembly that existing criminal penalties for the foregoing offenses have been rendered ineffective by the active concealment of the identities of the individuals who create, control and promote such businesses; by the failure of these individuals and businesses to exercise adequate control and supervision over the activities of their employees; and by the active promotion of prostitution and obscenity by these individuals and businesses for their own financial gain. It is the additional finding of the General Assembly that the health, safety and welfare of the people of the State are imperiled by the widespread operation of adult-oriented retail businesses without reasonable time, place and manner limitations on such businesses.

(b) To the end of furthering the substantial and compelling interest of the people of this State in being free of the crimes of obscenity, prostitution and its companion offenses, and in order to promote the health, safety and welfare, the General Assembly does hereby act.
24 Del. C. § 5211 — Delaware Code / Title 24 / Chapter 52 / Subchapter II / Section 5211
§ Â
        5211. Temporary licensure.
Status: in_force

(a) Immediately upon receipt of an application therefore, the Board may issue a temporary license to an individual who wishes to serve as a temporary nursing home administrator in the event that a facility’s licensed nursing home administrator is removed from the position by death or other unexpected cause. The owner, governing body, or other appropriate authority of the nursing home suffering such removal may designate an individual to serve as a temporary nursing home administrator subject to such regulations set forth and approved by the Board. The owner, governing body, or other appropriate authority of the nursing home, not the individual serving as the temporary nursing home administrator, must submit:

(1) A written application for temporary licensure to the Board, in a form approved by the Board, immediately after the individual begins undertaking the functions of a nursing home administrator;

(2) A clear statement that the individual has not held a temporary license issued pursuant to this section within the preceding 12 months;

(3) A clear statement that the individual understands that the temporary license will expire 90 days after the date of its issuance, that the temporary license may only be renewed once, for an additional 90 days, at the Board’s discretion, and that the individual is not eligible for a subsequent temporary license within the 12 months immediately following its expiration;

(4) An affidavit from the individual that the individual has 3 years of health care management experience acceptable to the Board; and

(5) Verification that the individual holds either a degree in any field from an accredited college or university or holds a current Delaware license as a registered nurse.

(b) A temporary license issued pursuant to this section shall expire 90 days after the date of its issuance and may only be renewed once, for an additional 90 days, at the Board’s discretion. No person having previously been issued a temporary license may, within 12 months following its expiration, be granted a subsequent temporary license pursuant to this section.

(c) The Board shall not grant more than 1 temporary license to be used at a single facility at any 1 time.

(d) The Board shall not grant consecutive temporary licenses for use at a single facility.

(e) No person serving as a nursing home administrator pursuant to this section shall be permitted to concurrently serve as a registered nursing home administrator-in-training.

(f) A temporary license is only valid for the individual named in the license to work as a temporary nursing home administrator in the facility that submitted the temporary licensure application.

(g) The Board shall designate 1 of its members to review temporary licensure applications received between regular Board meetings. The designated Board member will have the authority to approve or deny such applications on behalf of the Board between regular Board meetings. At the subsequent regular Board meeting, the Board will review the temporary licensure application and either ratify or overturn the individual Board member’s decision.
24 Del. C. § 3518A — Delaware Code / Title 24 / Chapter 35 / Subchapter II / Section 3518A
§ Â
        3518A. Duty to report conduct that constitutes grounds for discipline or inability to practice.
Status: in_force

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

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

(1) Mental illness or mental incompetence.

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

(3) Excessive abuse of drugs, including alcohol.

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

(d) All reports required under subsections (a), (b) and (c) of this section must be filed within 30 days of becoming aware of such information. A person reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.
24 Del. C. § 1624 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1624
§ Â
        1624. Inspections of massage establishments.
Status: repealed

Repealed by 77 Del. Laws, c. 168, § 21, effective July 16, 2009.
24 Del. C. § 700 — Delaware Code / Title 24 / Chapter 7 / Section 700
§ Â
        700. Purpose of chapter; objectives of board.
Status: in_force

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

The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensees or former licensees.

Throughout the history of chiropractic, there have been distinct philosophical approaches to chiropractic. No action, rule, standard or requirement shall be imposed or interpreted which would restrict a practitioner from licensure as long as the practitioner complies with this chapter.
24 Del. C. § 2607 — Delaware Code / Title 24 / Chapter 26 / Section 2607
§ Â
        2607. Issuance and renewal of licenses; inactive status.
Status: in_force

(a) The Board shall issue a license to each physical therapist applicant, physical therapist assistant applicant, or athletic trainer applicant who satisfies the requirements for licensure set forth in this chapter and rules and regulations promulgated hereunder.

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

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

(d) A licensee may be placed in an inactive status for no more than 5 years. Such person, who desires to reactivate that person’s license, must submit a request for reactivation and 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.
24 Del. C. § 1132B — Delaware Code / Title 24 / Chapter 11 / Subchapter II / Section 1132B
§ Â
        1132B. Community health license to care for underserved populations â Dentists practicing in federally-qualified health centers (âFQHCsâ) or in government-operated dental clinics.
Status: in_force

(a) On completion of an application approved by the Board and payment of a fee established by the Division, the Board shall issue a community health license to care for underserved populations to an applicant who furnishes proof satisfactory to the Board that the applicant has contracted to be an employee with a federally-qualified health center (“FQHC”) or a government-operated dental clinic, for purposes of providing care to traditionally underserved populations.

(b) A community health license to care for underserved populations entitles the applicant to practice dentistry as follows:

(1) On individuals served by the FQHC, including during community or outreach events serving underserved populations, or on the staff of the FQHC.

(2) For a government-operated dental clinic.

(c) To obtain a community health license to care for underserved populations at an FQHC or government-operated dental clinic, an individual must meet all of the following requirements:

(1) Has received a degree in dentistry from an accredited dental college or university accredited by the Commission on Dental Accreditation of the American Dental Association.

(2) Before matriculating in a dental college or university, has completed at least 2 years of undergraduate study in an accredited college or university.

(3) Achieve a passing score on the Delaware jurisprudence and National Board of Dental Examiners’ examinations.

(4) Does 1 of the following:

a. Takes and passes the Delaware practical examination under § 1123 of this title.

b. Takes and passes a nationally-recognized dental exam given by 1 of the following or a nationally-recognized regional board exam that the Board deems substantially similar to the following:

1. The Council of Interstate Testing Agencies (“CITA”).

2. The Central Regional Dental Testing Services (“CRDTS”).

3. The Commission on Dental Competency Assessments (“CDCA”), formerly the North East Regional Board of Dental Examiners (“NERB”).

4. The Southern Regional Testing Agency (“SRTA”).

5. The Western Regional Examining Board (“WREB”).

(d) (1) A community health license to care for underserved populations becomes a license under § 1122 of this title once the holder submits proof to the Board that the holder completed 3600 hours over 2 years at an FQHC or a government-operated dental clinic. Hours are limited to a maximum of 40 hours per week, of which at least 32 hours per week must be in providing care for patients at the approved site and only up to 8 hours per week may be for performing clinical-related administrative activities.

(2) If an applicant seeks a license under § 1122 of this title before completing 2 years of service at an FQHC or a government-operated dental clinic, the applicant must comply with §§ 1122(a)(3) and 1123 of this title.

(3) If the requirements of this subsection are not fulfilled, the Board may deny a license under § 1122 of this title.

(e) The holder of a community license to care for underserved populations shall comply with all other applicable provisions of this chapter.

(f) If a holder of a community health license to care for underserved populations continues to practice in compliance with subsection (b) of this section, the license is renewable and shall be renewed biennially by the Board.
24 Del. C. § 3020 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3020
§ Â
        3020. Appointment of a custodian of client records.
Status: in_force

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

(b) (1) The custodian of client records appointed under this section shall notify the licensee’s clients 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 licensee 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 client can procure the client’s records.

b. Notifying, by first-class mail, all clients 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 client can procure the client’s records.

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

(c) A custodian of client 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 client’s records.
24 Del. C. § 3034 — Delaware Code / Title 24 / Chapter 30 / Subchapter II / Section 3034
§ Â
        3034. Reciprocity.
Status: repealed

(a) Upon payment of the application fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who is certified by the National Board for Certified Counselors or other national mental health specialty certifying organization acceptable to the Board who shall present proof of current licensure in good standing in another State, the District of Columbia or territory of the United States, whose standards for licensure are substantially similar to those of this State. A “license in good standing” is defined in § 3032(a)(4) through (8) of this title.

(b) An applicant who is licensed in a jurisdiction whose standards are not substantially similar to those of this State but who has held a license in good standing for a minimum of 5 years in the jurisdiction from which the applicant is applying for reciprocal licensure and who has passed the NCE or other examination acceptable to the Board may be licensed by the Board, provided the applicant meets all other qualifications for reciprocity.

(c) An applicant who is licensed in a jurisdiction whose standards are not substantially similar to those of this State and who lacks the minimum years of licensure as defined in subsection (b) of this section above may apply for licensure as an associate counselor of mental health, in order to obtain the experience necessary to fulfill the requirements of this subchapter.

(d) [Repealed.]
24 Del. C. § 2009 — Delaware Code / Title 24 / Chapter 20 / Subchapter II / Section 2009
§ Â
        2009. Applicability of chapter.
Status: in_force

Nothing in this chapter may be construed as preventing or restricting the practice, services, or activities of any of the following:

(1) A person registered or licensed in this State by any other law from engaging in the profession or occupation for which that person is licensed.

(2) A person pursuing a course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program if such activities and services constitute a part of a supervised course of study and if the person is designated by a title which clearly indicates that person’s status as a student or trainee.

(3) A person fulfilling the supervised field work experience requirements of this chapter, if such activities and services constitute the requirements for licensure.

(4) A visiting occupational therapist who teaches temporarily at an accredited or approved educational program, or who lectures or instructs participants at seminars sanctioned by the Delaware Occupational Therapy Association.
24 Del. C. § 3010 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3010
§ Â
        3010. Complaints and investigations.
Status: in_force

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

(b) When it is determined that an individual who is not licensed under this chapter is representing himself or herself as being so licensed, or is holding himself or herself out to the public as being licensed under this chapter, the Board shall apply to the Office of the Attorney General to issue a cease and desist order.
24 Del. C. § 906 — Delaware Code / Title 24 / Chapter 9 / Section 906
§ Â
        906. Penalties.
Status: in_force

A person who violates § § 901, 903, 904, or 904A of this title shall be fined not more than $500 or imprisoned not more than 6 months, or both.
24 Del. C. § 1316 — Delaware Code / Title 24 / Chapter 13 / Section 1316
§ Â
        1316. Private investigator registration requirements.
Status: in_force

Anyone who wishes to be licensed as a private investigator, under this chapter, must meet and maintain the same qualifications as a security guard under § 1314 of this title, and must also be at least 21 years of age.
24 Del. C. § 1830 — Delaware Code / Title 24 / Chapter 18 / Subchapter III / Section 1830
§ Â
        1830. 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. § 3701 — Delaware Code / Title 24 / Chapter 37 / Subchapter I / Section 3701
§ Â
        3701. Objectives [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: in_force

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

The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensed practitioners.
24 Del. C. § 1720 — Delaware Code / Title 24 / Chapter 17 / Subchapter III / Section 1720
§ Â
        1720. Certification requirements to practice medicine.
Status: repealed

(a) A person may not practice medicine in this State unless the person:

(1) Has a certificate to practice medicine issued by the Board of Medical Licensure and Discipline;

(2) Registers the certificate to practice medicine and renews it biennially; and

(3) If required, has an occupational license pursuant to Part III of Title 30.

(b) To receive a certificate to practice medicine in this State, an applicant for a certificate must:

(1) Have a working ability to read, write, speak, understand, and be understood in the English language;

(2) Possess the following educational credentials:

a. A degree of Doctor of Medicine or Doctor of Osteopathy, or an equivalent degree, from a legally incorporated medical college or school located in the United States or Canada, which medical college or school has been approved by the appropriate accrediting body of the American Medical Association or the American Osteopathic Association; or

b. A degree of Doctor of Medicine or Doctor of Osteopathy, or an equivalent degree, from a legally incorporated medical college or school located in a country other than the United States or Canada, medical college or school which is listed in the International Medical Education Directory (IMED), along with documentary proof that the applicant successfully passed the examination administered by the Educational Commission for Foreign Medical Graduates and the Federation of State Medical Boards; or

c. A degree of Doctor of Medicine or Doctor of Osteopathy, or an equivalent degree, from a legally incorporated medical college or school located in a country other than the United States or Canada, which medical college or school is not listed in the International Medical Education Directory (IMED), but the applicant has completed 3 years of postgraduate training in a residency program which has been approved by the Accreditation Council for Graduate Medical Education and has successfully passed the examination administered by the Educational Commission for Foreign Medical Graduates and the Federation of State Medical Boards;

d. Documentary proof that all clinical rotations served by the applicant in the United States or Canada as part of training received in a medical college or school were conducted in institutions that are formal parts, such as a primary hospital, of a medical college or school or that have formal affiliation with a medical college or school approved by the appropriate accrediting body of the American Medical Association or the American Osteopathic Association, or that the clinical rotations were served in hospitals which had, at the time the rotations were served, a residency training program approved by the Accreditation Council for Graduate Medical Education in the subject matter of the clinical rotation;

(3) Have satisfactorily completed an internship or equivalent training in an institution, which internship or equivalent training and institution are approved by the Board;

(4) Submit to the Board a sworn or affirmed statement that the applicant:

a. Has not been convicted of or has not admitted under oath to having committed a crime substantially related to the practice of medicine, provided however, that a waiver may be available pursuant to subsection (e) of this section;

b. Has not been professionally penalized for or convicted of drug addiction;

c. Has not had the applicant’s license or certificate or other authorizing document to practice allopathic medicine or osteopathic medicine in any other state, territory, or foreign nation revoked, suspended, restricted, limited, or subjected to disciplinary or other action by the certifying or licensing authority thereof, or an application to practice denied;

d. Has not been removed, suspended, expelled, or disciplined by any professional medical association or society when the removal, suspension, expulsion, or discipline was based upon what the association or society found to be unprofessional conduct, professional incompetence, or professional malpractice;

e. Has not been disciplined by a licensed hospital or by the medical staff of the hospital, including the removal, suspension, or limitation of hospital privileges, the nonrenewal of privileges for cause, the resignation of privileges under pressure of investigation or other disciplinary action, if the discipline was based upon what the hospital or medical staff found to be unprofessional conduct, professional incompetence, or professional malpractice;

f. Has not engaged in the practice of medicine without a certificate or license or other authorization to practice medicine;

g. Has not unlawfully prescribed narcotic drugs;

h. Has not wilfully violated the confidence of a patient, except under legal requirement;

i. Has not been professionally penalized or convicted of fraud;

j. Has reviewed and acknowledges the applicant’s own duties to report unprofessional conduct under the Medical Practice Act and to report child abuse or neglect under § 903 of Title 16, or any successors thereto.

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

(6) 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 Board of Medical Licensure and Discipline shall be the screening point for the receipt of said federal criminal history records.

c. An applicant may not be certified to practice medicine until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction for an offense that is substantially related to the practice of medicine, may not be certified by the Board unless a waiver is granted pursuant to subsection (e) of this section. The State Bureau of Identification may release any subsequent criminal history to the Board.

(7) Pass the professional examination pursuant to § 1721 of this title, unless excepted under § 1722 of this title or waived as provided in subsection (e) of this section.

(8) [Repealed.]

(c) An applicant for a certificate to practice medicine in this State must submit to the Board an application in writing in such form as the Board requires.

(d) An applicant for a certificate to practice medicine in this State must fulfill the requirements of subsection (b) of this section in accord with the form and manner required by the Board in its rules and regulations. The applicant must also pay the application fee set by the Division, and, unless an exception in § 1722 of this title applies, the applicant must pass a professional examination pursuant to § 1721 of this title.

(e) The Board, by the affirmative vote of 9 of its members, may waive any of the requirements 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 medicine 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 criminal conviction other than a conviction of a felony sexual offense, the Board shall grant a waiver if it determines, after consideration of the factors set forth in § 8735(x)(3) of Title 29, that granting a waiver would not create an unreasonable risk to public safety. A waiver may not be granted to any person who is convicted of a felony sexual offense. The time limitation set forth in § 8735(x)(4) of Title 29 does not apply to a felony sexual offense.

(5) [Repealed.]

(f) In determining if an applicant qualifies for certification to practice medicine, the Board may rely upon relevant decisions made by the appropriate authority in other states and may not permit a collateral attack upon those decisions.

(g) Notwithstanding any language to the contrary, the Board shall not issue a license to an applicant until first verifying that an applicant is not listed on either the Adult Abuse Registry or the Child Protection Registry as being substantiated for abuse or neglect.

(h) An applicant for initial or renewal certification to practice medicine in this State must disclose whether the applicant has ever been the subject of an investigation by any licensing authority, medical association, hospital or other healthcare institution. The Board may require an applicant to provide sufficient documentation to enable the Board to determine whether investigation or a diagnostic mental or physical examination is necessary to determine the applicant’s qualifications for certification to practice medicine in this State. Any such investigation or diagnostic mental or physical examination shall be conducted pursuant to § 1732 of this title.

(i) All individuals licensed to practice under this chapter 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 who received their initial license to practice on or before July 1, 2007, shall submit by January 1, 2012, at the applicant’s expense, fingerprints and other necessary information in order to obtain a criminal background check.

(j) The Board may issue an administrative medicine license to a physician who meets all qualifications for licensure, including payment of a fee set by the Division of Professional Regulation, except that an applicant for an administrative medicine license shall not be required to show that the applicant has been engaged in the active practice of medicine, as defined in the Board’s regulations. Administrative medicine licensees may not provide medical or clinical services to or for patients and shall attest to understanding this on the application.

(k) A nonhuman entity, including an agent powered by artificial intelligence, may not be certified to practice medicine in this State.

(l) A nonhuman entity, including an agent powered by artificial intelligence, may not use any of the following titles:

(1) Doctor or the abbreviation “Dr.”

(2) Physician or surgeon.

(3) Medical doctor or the abbreviation “MD.”

(4) Doctor of osteopathy or the abbreviation “DO.”
24 Del. C. § 3050 — Delaware Code / Title 24 / Chapter 30 / Subchapter IV / Section 3050
§ Â
        3050. License required.
Status: in_force

No person shall hold himself or herself out to the public as a licensed marriage and family therapist or a licensed associate marriage and family therapist unless the person is licensed in accordance with this chapter. It shall be unlawful for any person who is not licensed under this chapter, or the person’s employees, agents, or representatives to use in connection with the person’s name or business the words “licensed marriage and family therapist,” “licensed associate marriage and family therapist,” or any other words, letters, abbreviations or insignia indicating or implying directly or indirectly that such person is licensed.
24 Del. C. § 1103 — Delaware Code / Title 24 / Chapter 11 / Subchapter I / Section 1103
§ Â
        1103. Organization; meetings; officers; quorum.
Status: in_force

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

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

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

(d) When members of the Dental Hygiene Advisory Committee participate in voting on matters listed in § 1105(c)(1)-(5) of this title, the Board composition shall be 12 voting members, so that 7 members shall constitute a quorum.

(e) Minutes of all meetings shall be recorded and copies shall be maintained by the Division of Professional Regulation. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
24 Del. C. § 3117 — Delaware Code / Title 24 / Chapter 31 / Subchapter III / Section 3117
§ Â
        3117. Funeral establishment permit; circumstances for termination and continuation.
Status: in_force

(a) Upon completion of an application provided by the Board, payment of the appropriate fee, and fulfillment of all standards set by the Board by regulation, the Board shall issue a funeral establishment permit when the applicant provides evidence, verified by oath, that the establishment meets all of the following requirements:

(1) Funeral services shall be conducted from a building that meets the requirements of a funeral establishment as defined in § 3101 of this title.

(2) The funeral establishment shall have in charge full time therein a person licensed in accordance with this chapter; provided, however, that this paragraph shall not apply to funeral establishments maintained, operated, or conducted prior to September 6, 1972.

(3) The property on which the funeral establishment is located shall be properly zoned by the local zoning authority.

(4) The funeral establishment has acquired all appropriate business licenses issued by the State Division of Revenue.

(b) No person may conduct, maintain, manage, or operate a funeral establishment unless a permit for the establishment has been issued by the Board. Violation of this subsection is a ground for discipline. When a funeral service is held in a private residence, church, or lodge hall, no permit is required, provided that the funeral director of record is operating from a firm with a funeral establishment permit.

(c) All funeral establishment permits shall be renewed biennially in a manner determined by the Division, and shall be accompanied by a fee determined by the Division pursuant to § 3110 of this title. All permits shall list the name of the licensed full-time funeral director in charge of the establishment.

(d) The applicant to whom the establishment permit has been issued shall not permit the unauthorized practice of funeral services, personally or by agents, on or off the premises of said funeral establishment.

(e) In the event of the death, disability, or circumstance that prevents the direct supervision and management by the funeral director of the funeral establishment, said permit is void, except under the occurrence of at least 1 of the following conditions:

(1) Where a funeral establishment has been operated by a funeral director under the director’s license, the director’s estate may continue the funeral establishment under the supervision and management of a licensed funeral director of this State until such time as the estate may be settled, but for no more than 2 years after the date of the decedent’s death.

(2) Where a funeral establishment has been operated by a corporation, said corporation may continue operating and assume all responsibilities of the funeral establishment, provided that an officer of the corporation is a licensed funeral director of this State. Any change in officers of the corporation shall be reported to the Board.

(f) The Board is authorized to suspend or revoke a permit, after notice and hearing, for failure to comply with this statute or any lawful regulation applicable to funeral establishments.

(g) A funeral establishment with multiple branch locations in Delaware operated under the same trade name or owned by the same owner or owners is required to maintain an embalming area in at least 1 of its Delaware locations, and the embalming area shall be disclosed on the appropriate establishment licenses. Nothing in this chapter shall grant permission for the transfer, on a regular basis, of decedents back and forth across state boundaries for the purposes of centralized embalming.
24 Del. C. § 3504 — Delaware Code / Title 24 / Chapter 35 / Subchapter I / Section 3504
§ Â
        3504. Organization; meetings; officers; quorum.
Status: in_force

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

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

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

(d) Minutes of all meetings shall be recorded, and copies shall be maintained by the Division of Professional Regulation. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
24 Del. C. § 3116 — Delaware Code / Title 24 / Chapter 31 / Subchapter II / Section 3116
§ Â
        3116. 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 or probation.

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

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

(d) [Repealed.]
24 Del. C. § 1912B — Delaware Code / Title 24 / Chapter 19B / Section 1912B
§ Â
        1912B. Construction and severability [Effective upon fulfillment of 83 Del. Laws, c. 110, Â 2].
Status: in_force

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held to be contrary to the constitution of any party state, this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
24 Del. C. § 1122 — Delaware Code / Title 24 / Chapter 11 / Subchapter II / Section 1122
§ Â
        1122. Qualifications of applicant for Delaware-specific dental license; report to Attorney General.
Status: repealed

(a) An applicant who is applying for licensure as a dentist under this section shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following:

(1) Has received a degree in dentistry from an accredited dental college or university accredited by the Commission on Dental Accreditation of the American Dental Association.

(2) Before matriculating in a dental college or university, has completed at least 2 years of undergraduate study in an accredited college or university.

(3) Meets 1 of the following:

a. Has acquired 1 year’s experience as a dental intern within a general practice residency accredited by the Commission on Dental Accreditation of the American Dental Association (“CODA”).

b. Has completed a CODA-approved specialty residency with those specific rotations identified in the Board’s rules and regulations.

(4) Has achieved a passing score on the Delaware jurisprudence and National Board of Dental Examiners’ examinations.

(5) Has successfully completed the Delaware practical examination under § 1123 of this title.

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

(1) Graduated from high school or has received a general equivalency diploma (G.E.D.).

(2) Graduated from a dental hygiene college or university program accredited by the Commission on Dental Accreditation of the American Dental Association of at least 2 academic years’ duration; or

(3) Graduated, prior to 1953, from a dental hygiene program of at least 1 year’s duration, which program had been approved by the Board at the time of the person’s graduation; and

(4) Achieved the passing score on all examinations prescribed by the Board.

(c) All applicants shall have complied with the following conditions:

(1) Shall submit proof of current certification in cardiopulmonary resuscitation (CPR) technique in accordance with regulations adopted by the Board.

(2) Shall not have been the recipient of any administrative penalties regarding the applicant’s practice of dentistry or dental hygiene, including but not limited to fines, formal reprimands, license suspension or revocation (except for license revocations for nonpayment of license renewal fees), or probationary limitations, or have 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 while under investigation the Board may determine, after a hearing or based on the documentation submitted, whether such administrative penalty is grounds to deny licensure.

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

(4) Does not have a criminal conviction for a crime substantially related to the practice of dentistry or dental hygiene. If however, after considering the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation, the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board shall, by an affirmative vote of a majority of the quorum, waive this paragraph (c)(4). No waiver may be granted for a conviction of a felony sexual offense. A conviction for a felony sexual offense shall be considered, notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29.

a.-e. [Repealed.]

(5) Shall not have engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter, and shall not have been the recipient of any administrative penalties regarding that applicant’s practice as a dentist or dental hygienist, including but not limited to fines, formal reprimands, license suspensions or revocation, (except for license revocations for nonpayment of license renewal fees), probationary limitations, nor 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.

(6) 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 Board of Dentistry and Dental Hygiene shall be the screening point for the receipt of said federal criminal history records.

c. An applicant may not be certified to practice dentistry or dental hygiene until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction related to the practice of dentistry or dental hygiene may not be certified by the Board unless a waiver is granted pursuant to paragraph (c)(4) of this section.

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

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

(e) All individuals licensed to practice dentistry and dental hygiene in this State shall be required to be fingerprinted by the State Bureau of Identification, at the licensee’s expense, for the purposes of performing subsequent criminal background checks. Licensees shall submit by January 1, 2016, at the applicant’s expense, fingerprints and other necessary information in order to obtain a criminal background check.
24 Del. C. § 1227 — Delaware Code / Title 24 / Chapter 12 / Subchapter II / Section 1227
§ Â
        1227. False alarms [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

No security alarm system user shall cause, allow or permit the security alarm system to give 3 false alarms at a security alarm system site within a calendar year.
24 Del. C. § 111 — Delaware Code / Title 24 / Chapter 1 / Section 111
§ Â
        111. Requirements for permits to practice by firms.
Status: repealed

(a) Each firm with an office in this State and which intends to be or is engaged in the practice of certified public accountancy or the practice of public accountancy in this State shall be required to obtain and maintain a valid permit to practice. The Board shall grant or renew permits to firms that make application and demonstrate their qualifications in accordance with this section.

(b) A firm that does not have an office in this State may engage in the practice of certified public accountancy in this State through an individual practicing pursuant to the practice privilege afforded by § 109 of this title without obtaining a permit under this section or otherwise notifying the Board.

(c) Permits shall be renewed biennially.

(d) An applicant for initial issuance or renewal of a CPA firm permit to practice under this section shall be required to show that:

(1) Notwithstanding any other provision of law, a simple majority of the ownership of the firm, in terms of financial interests and voting rights, of all partners, officers, shareholders, members or managers, belongs to holders of a CPA certificate, CPA permit, or CPA license who are licensed in some state. All partners, officers, shareholders, members or managers, whose principal place of business is in this State, and who perform certified public accounting services in this State hold a valid permit to practice under § 108 of this title, or the corresponding provision of prior law. Although firms may include nonlicensee owners, the firm and its ownership must comply with applicable rules promulgated by the Board.

(2) Any certified public accounting firm as defined in this title may include nonlicensee owners provided that:

a. The firm designated a permit holder of this State who is responsible for the proper registration of the firm and identifies that individual to the Board.

b. All nonlicensee owners are active individual participants in the certified public accounting firm or affiliated entities.

c. The firm complies with such other requirements as the Board may impose by rule.

(e) An applicant for initial issuance or renewal of a PA firm permit to practice under this section shall be required to show that:

(1) Notwithstanding any other provision of law, a simple majority of the ownership of the firm, in terms of financial interests and voting rights, of all partners, officers, shareholders, members or managers, belongs to holders of permits to practice under § 110 of this title. All partners, officers, shareholders, members or managers, whose principal place of business is in this State, and who perform public accounting services in this state hold a valid permit to practice under § 110 of this title. Although firms may include nonlicensee owners, the firm and its ownership must comply with applicable rules promulgated by the Board.

(2) Any public accounting firm as defined in this title may include nonlicensee owners provided that:

a. The firm designated a permit holder of this State who is responsible for the proper registration of the firm and identifies that individual to the Board.

b. All nonlicensee owners are active individual participants in the public accounting firm or affiliated entities.

c. The firm complies with such other requirements as the Board may impose by rule.

(f) For purposes of this section, the employees of a public accounting firm with its principal office or offices outside of this State must obtain a permit for those employees who work in excess of 80 hours in this State or who work for a client or clients located in this State. However, any firm which is engaged to practice public accountancy in this State, for even 1 hour, is required to obtain a permit. Every principal of a public accounting firm who is responsible for the accounting work in this State shall obtain an individual permit to practice under § 110 of this title.

(g), (h) [Repealed].

(i) An applicant for initial issuance or renewal of a permit to practice under this section shall be required to register each office of the firm within this State with the Board and to affirm that all attest and compilation services rendered in this State are under the charge of a person holding an active permit to practice issued under this chapter or qualifies for the practice privilege under § 109 of this title.

(j) An applicant for initial issuance or renewal of permits under this section shall in his or her application list all states in which they have applied for or hold permits as CPA firms and list any past denial, revocation or suspension of a permit by any other state, and each holder of or applicant for a permit under this section shall notify the Board in writing, within 30 days after its occurrence, of any change in the identities of partners, officers, shareholders, members or managers whose principal place of business is in this State, any change in the number or location of offices within this State, any change in the identity of the persons in charge of such offices, and any issuance, denial, revocation or suspension of a permit by any other state.

(k) An applicant for initial issuance or renewal of permits under this section shall in his or her application list all states in which they have applied for or hold permits as PA firms and list any past denial, revocation or suspension of a permit by any other state, and each holder of or applicant for a permit under this section shall notify the Board in writing, within 30 days after its occurrence, of any change in the identities of partners, officers, shareholders, members or managers whose principal place of business is in this State, any change in the number or location of offices within this State, any change in the identity of the persons in charge of such offices, and any issuance, denial, revocation or suspension of a permit by any other state.

(l) Firms which fall out of compliance with the provisions of this section due to changes in ownership or personnel, after receiving or renewing a permit, shall take corrective action to bring the firm back into compliance within 60 days. Failure to bring the firm back into compliance within 60 days will result in the suspension or revocation of the firm permit.

(m) Effective July 1, 2017, the Board shall by rule require as a condition to renewal of permits under this section, that firms that provide attest and/or compilation services be enrolled in a board-approved peer review program and comply with the applicable standards and guidance of that program, provided that any such rule:

(1) Shall be promulgated reasonably in advance of the time when it first becomes effective;

(2) Shall include reasonable provision for compliance by a firm showing that it has, within the preceding 3 years, undergone a peer review. Such compliance requirement shall first be effective for the renewal period ending June 30, 2019; and

(3) Shall require, with respect to any organization administering peer review programs, that it be subject to evaluations by the Board or its designee, to periodically assess the effectiveness of the peer review program under its charge.
24 Del. C. § 2003A — Delaware Code / Title 24 / Chapter 20A / Section 2003A
§ Â
        2003A. Definitions.
Status: in_force

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

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

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

(3) “Alternative program” means a nondisciplinary monitoring process approved by an occupational therapy licensing board.

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

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

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

(7) “Data system” means a repository of information about licensees, including but not limited to license status, investigative information, compact privileges, and adverse actions.

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

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

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

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

(12) “Investigative information” means information, records, and/or documents received or generated by an occupational therapy licensing board pursuant to an investigation.

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

(14) “Licensee” means an individual who currently holds an authorization from the State to practice as an occupational therapist or as an occupational therapy assistant.

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

(16) “Occupational therapist” means an individual who is licensed by a state to practice occupational therapy.

(17) “Occupational therapy assistant” means an individual who is licensed by a state to assist in the practice of occupational therapy.

(18) “Occupational therapy,” “occupational therapy practice,” and the “practice of occupational therapy” mean the care and services provided by an occupational therapist or an occupational therapy assistant as set forth in the member state’s statutes and regulations.

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

(20) “Occupational therapy licensing board” or “licensing board” means the agency of a state that is authorized to license and regulate occupational therapists and occupational therapy assistants.

(21) “Primary state of residence” means the state (also known as the “home state”) in which an occupational therapist or occupational therapy assistant who is not active duty military declares a primary residence for legal purposes as verified by: driver’s license, federal income tax return, lease, deed, mortgage or voter registration or other verifying documentation as further defined by Commission rules.

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

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

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

(25) “Single-state license” means an occupational therapist or occupational therapy assistant license issued by a member state that authorizes practice only within the issuing state and does not include a compact privilege in any other member state.

(26) “Telehealth” means the application of telecommunication technology to deliver occupational therapy services for assessment, intervention and/or consultation.
24 Del. C. § 1798 — Delaware Code / Title 24 / Chapter 17 / Subchapter X / Section 1798
§ Â
        1798. Licensure.
Status: repealed

(a) All applicants must meet the following requirements for licensure by the Board as an acupuncture and eastern medicine practitioner:

(1) Achievement of a Diplomate in Oriental Medicine from the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) or its equivalent as recognized by the Council and approved by the Board, or an organization that is recognized as equivalent to the NCCAOM by the Council and approved by the Board; and

(2) Completion of a course or evidence of passing an examination in clean needle technique;

(3) An applicant for whom English is a second language shall demonstrate the ability to communicate in the English language as determined by regulations as recommended by the Council and approved by the Board;

(4) The applicant:

a. May not have been assessed any administrative penalties regarding the applicant’s practice of acupuncture, including but not limited to fines, formal reprimands, license suspension or revocation (except for license suspension or revocation for nonpayment of license renewal fees) and probationary limitations; and

b. May not have entered into a consent agreement which contains conditions placed by a board or other authority on the applicant’s professional conduct or practice, including the voluntary surrender of the applicant’s license while under investigation for misconduct.

However, the Board may, after a hearing, waive the requirement of paragraph (a)(4)a. of this section if the administrative penalty prevents the issuance of a license;

(5) The applicant may not have an impairment related to the current use of drugs or alcohol which substantially impairs the practice of acupuncture with reasonable skill and safety;

(6) The applicant may not have been convicted of or may not have admitted under oath to having committed a crime substantially related to the practice of acupuncture. “Substantially related” means that the nature of the criminal conduct for which the person was convicted or to which the person admitted under oath has a direct bearing on the person’s fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of acupuncture. The Board shall promulgate regulations specifically identifying the crimes which are substantially related to the practice of acupuncture;

(7) Meet any other qualifications that the Board establishes in regulations.

(b) All applicants must meet the following requirements for licensure by the Board as an acupuncture practitioner:

(1) Achievement of a Diplomate in Acupuncture from the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) or its equivalent as recognized by the Council and approved by the Board, or an organization that is recognized as equivalent to the NCCAOM by the Council and approved by the Board; and

(2) Completion of a course or evidence of passing an examination in clean needle technique;

(3) An applicant for whom English is a second language shall demonstrate the ability to communicate in the English language as determined by regulations as recommended by the Council and approved by the Board;

(4) The applicant:

a. May not have been assessed any administrative penalties regarding the applicant’s practice of acupuncture, including but not limited to fines, formal reprimands, license suspension or revocation (except for license suspension or revocation for nonpayment of license renewal fees) and probationary limitations; and

b. May not have entered into a consent agreement which contains conditions placed by a board or other authority on the applicant’s professional conduct or practice, including the voluntary surrender of the applicant’s license while under investigation for misconduct.

However, the Board may, after a hearing, waive the requirement of paragraph (a)(4)a. of this section if the administrative penalty prevents the issuance of a license;

(5) The applicant may not have an impairment related to the current use of drugs or alcohol which substantially impairs the practice of acupuncture with reasonable skill and safety;

(6) The applicant may not have been convicted of or may not have admitted under oath to having committed a crime substantially related to the practice of acupuncture. “Substantially related” means that the nature of the criminal conduct for which the person was convicted or to which the person admitted under oath has a direct bearing on the person’s fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of acupuncture. The Board shall promulgate regulations specifically identifying the crimes which are substantially related to the practice of acupuncture;

(7) Meet any other qualifications that the Board establishes in regulations.

(8) An acupuncturist who obtains licensure pursuant to this section may go on to become a licensed acupuncture and eastern medicine practitioner by achieving a Diplomate in Oriental Medicine from the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) or its equivalent as recognized by the Council and approved by the Board, or an organization that is recognized as equivalent to the NCCAOM by the Council and approved by the Board.

(c) Waiver of requirements. — The Acupuncture Advisory 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 (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 acupuncture 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 (a)(6) and (b)(6) of this section.

(5) [Repealed.]

(d) License denial. — If it appears to the Board that an applicant has been intentionally fraudulent or that an applicant has intentionally submitted, or intentionally caused to be submitted, false information as part of the application process, the Board may not issue a license to the applicant and must report the incident of fraud or submitting false information to the Office of the Attorney General for further action.

(e) Temporary license. — The Executive Director of the Board, with the approval of a Council member, may issue a temporary permit to an applicant for licensure who has presented a completed application to the Board. A temporary permit issued under this subsection is valid for a period of not more than 90 days and may not be renewed. Only 1 temporary permit may be issued under this subsection.

(f) License suspension, revocation, or nonrenewal. — (1) The Council, after appropriate notice and hearing, may recommend to the Board of Medical Licensure and Discipline that the Board revoke, suspend, or refuse to issue a license, or place the licensee on probation, or otherwise discipline a licensee found guilty of unprofessional conduct. Unprofessional conduct includes, but is not limited to, fraud, deceit, incompetence, gross negligence, dishonesty, or other behavior in the licensee’s professional activity which is likely to endanger the public health, safety, or welfare. The Council may recommend and Board may take necessary action against a licensee who is unable to render acupuncture or eastern medicine services with reasonable skill or safety to patients because of mental illness or mental incompetence, physical illness, or the excessive use of drugs including alcohol. Disciplinary action or other action taken against a licensee must be in accordance with the procedures for disciplinary and other actions against physicians, including appeals as set forth in subchapter IV of this chapter except that a hearing panel for a complaint against a licensee consists of 3 members; 1 of the 3 shall be a physician member of the Board; 2 of the 3 shall be unbiased members of the Acupuncture Advisory Council; and if no conflict exists, 1 of the 2 Acupuncture Advisory Council members shall be the Chair of the Acupuncture Advisory Council. The Chair of the hearing panel shall be 1 of the Council panel members.

(2) a. If the Board or the Acupuncture Advisory Council receives a formal or informal complaint concerning the activity of a licensee and the Board or Council members reasonably believe that the activity presents a clear and immediate danger to the public health, the Council may issue an order temporarily suspending the licensee’s license to practice pending a hearing upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Council Chair or the Chair’s designee. An order temporarily suspending a license to practice may not be issued by the Board, unless the licensee or the licensee’s attorney received at least 24 hours’ written or oral notice prior to the temporary suspension so that the licensee or the licensee’s attorney can be heard in opposition to the proposed suspension. 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 licensee requests a continuance of the hearing date. If the licensee requests a continuance, the order of temporary suspension remains in effect until the hearing panel convenes and a decision is rendered.

b. A licensee whose license to practice has been temporarily suspended pursuant to this section must be notified of the temporary suspension immediately and in writing. Notification consists of a copy of the complaint and the order of temporary suspension pending a hearing personally served upon the licensee or sent by certified mail, return receipt requested, to the licensee’s last known address.

c. A licensee whose license to practice has been temporarily suspended pursuant to this section may request an expedited hearing. The Council shall schedule the hearing on an expedited basis, provided that the Council receives the request within 5 calendar days from the date on which the licensee received notification of the decision of the Board, to temporarily suspend the licensee’s license to practice.

d. As soon as possible after the issuance of an order temporarily suspending a licensee’s license to practice pending a hearing, the Council Chair shall appoint a 3-member hearing panel consisting of 3 members; 1 of the 3 shall be a physician member of the Board; 2 of the 3 shall be unbiased members of the Acupuncture Advisory Council; and if no conflict exists, 1 of the 2 Acupuncture Advisory Council members shall be the Chair of the Acupuncture Advisory Council. The Chair of the hearing panel shall be 1 of the Council panel members. After notice to the licensee pursuant to paragraph (f)(2)b. of this section, the hearing panel shall convene within 60 days of the date of the issuance of the order of temporary suspension to consider the evidence regarding the matters alleged in the complaint. If a licensee requests in a timely manner an expedited hearing, the hearing panel shall convene within 15 days of the receipt of the request by the Council. The 3-member panel shall proceed to a hearing and shall render a decision within 30 days of the hearing.

e. In addition to making findings of fact, the hearing panel shall also determine whether the facts found by it constitute a clear and immediate danger to public health. If the hearing panel determines that the facts found constitute a clear and immediate danger to public health, the order of temporary suspension must remain in effect until the Board, deliberates and reaches conclusions of law based upon the findings of fact made by the hearing panel. An order of temporary suspension may not remain in effect for longer than 60 days from the date of the decision rendered by the hearing panel unless the suspended licensee requests an extension of the order pending a final decision of the Board. Upon the final decision of the Board, an order of temporary suspension is vacated as a matter of law and is replaced by the disciplinary action, if any, ordered by the Board.
24 Del. C. § 3708A — Delaware Code / Title 24 / Chapter 37A / Section 3708A
§ Â
        3708A. Adverse actions.
Status: in_force

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

(1) Take adverse action against an audiologist’s or speech-language pathologist’s privilege to practice within that member state.

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

(3) Only the home state shall have the power to take adverse action against a audiologist’s or speech-language pathologist’s license issued by the home state.

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

(c) The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.

(d) If otherwise permitted by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.

(e) The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows the member state’s own procedures for taking the adverse action.

(f) Joint investigations. — (1) In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.

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

(g) If adverse action is taken by the home state against an audiologist’s or speech language pathologist’s license, the audiologist’s or speech-language pathologist’s privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist’s or speech language pathologist’s license shall include a statement that the audiologist’s or speech-language pathologist’s privilege to practice is deactivated in all member states during the pendency of the order.

(h) If a member state takes adverse action against a licensee, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and any remote states in which the licensee has a privilege to practice, of any adverse actions by the home state or remote states.

(i) Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.
24 Del. C. § 5107 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5107
§ Â
        5107. Qualifications of applicant; judicial review; report to Attorney General.
Status: repealed

(a) All persons applying for a license to practice under this chapter:

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

(2) Shall have passed a written and practical examination to the satisfaction of the Board as set forth in board rules and regulations.

(3) Shall have paid the appropriate fee as established by the Division of Professional Regulation. In addition, except as otherwise provided for in this chapter, no individual shall be permitted to sit for an examination or shall be granted a license to practice in any of the professions regulated by this chapter, unless the individual meets the following education requirements, or has successfully completed an apprenticeship. The requirements are for:

a. Cosmetologists. — The successful completion of a minimum of 1,500 classroom hours of continuous training for a complete course in cosmetology. School owners shall have the option of the amount of hours of training per day and shall be able to choose which days of the week the student works provided the hours accumulated do not exceed 40 hours per week, excluding make-up hours. The Board shall establish by regulation the portion of the 1,500 classroom hours that may be credited to an applicant who previously obtained classroom hours while studying to become an aesthetician, nail technician or electrologist. A cosmetologist may obtain a shaving certification in connection with the cosmetologist’s license upon successful completion of a course in shaving consisting of at least 35 hours of instruction from a licensed barbering instructor.

b. Apprentice cosmetologists. — The completion of 3,000 hours in an apprenticeship to a licensed cosmetologist with the total number of hours worked not to exceed 40 hours per week. The Board shall establish by regulation the portion of the 3,000 apprenticeship hours that may be credited to an applicant who previously obtained apprenticeship hours while studying to become an aesthetician, nail technician or electrologist.

c. Transfer of apprentice hours to a cosmetology program. — An apprentice cosmetologist may transfer up to 1,800 apprentice hours at a rate of 2 apprentice hours to 1 transfer hour to a cosmetology program totaling 1,500 hours. A minimum of 600 hours of course work must be completed at school. The Board must provide documentation of the apprentice hours to the school prior to transfer.

d. Master barbers. — For a licensed barber, the successful completion of an additional 600 hour apprenticeship for chemicals, as set forth in the Board’s rules and regulations, and the passing of the master barber’s examination.

For all other applicants, the successful completion of a minimum of 1,500 classroom hours of continuous training for a complete course in master barbering and the passing of the master barber’s examination, or the completion of 3,000 hours in a master barber apprenticeship, as set forth in the Board’s rules and regulations, and the passing of the master barber’s examination. School owners shall have the option of the amount of hours of training per day and shall be able to choose which days of the week the student works provided the hours accumulated do not exceed 40 hours per week, excluding make-up hours. Any barber who was issued a barber’s license by the Division prior to April 28, 2008, shall be deemed a master barber. A master barber may obtain a skin and nails certification in connection with a master barber’s license upon completion of at least 250 hours of instruction in a licensed cosmetology school or a 500 hour apprenticeship in skin and nails in accordance with the Board’s rules and regulations.

e. Barbers. — The successful completion of a minimum of 1,250 classroom hours of continuous training for a complete course in barbering, or the completion of 3,000 hours in an apprenticeship to a licensed barber with the total number of hours worked not to exceed 40 hours per week.

f. Transfer of apprentice hours to a barbering program. — An apprentice barber may transfer up to 1,800 apprentice hours at a rate of 2 apprentice hours to 1 transfer hour to a barbering program totaling 1,500 hours. A minimum of 600 hours of course work must be completed at school. The Board must provide documentation of the apprentice hours to the school prior to transfer.

g. Nail technicians. — The successful completion of a course of training in nail technology of not less than 300 hours in a school of nail technology or cosmetology; or successful completion of 600 hours as an apprentice under the supervision of a licensed nail technician. In either case, training is not to exceed 40 hours per week, excluding make-up hours.

h. Electrologists. — The successful completion of a course of training in electrology of not less than 300 hours in a school of electrology or cosmetology, or successful completion of 600 hours as an apprentice under the supervision of a licensed electrologist. In either case, training is not to exceed 40 hours per week, excluding make-up hours.

i. [Repealed.]

j. Cosmetology and barbering instructors. — For cosmetology and barbering, an instructor must have a license in the respective field of cosmetology or barbering and the successful completion of a teacher training course, consisting of at least 500 hours of instruction in a registered school of cosmetology or barbering, or at least 2 years’ experience as an active licensed, practicing cosmetologist or barber, supplemented by at least 250 hours of instruction in a teacher training course. In addition, the applicant shall have successfully passed an instructor examination designated by the Board in its rules and regulations. A person licensed as a cosmetology instructor may also provide instruction in nail technology and aesthetics. A person licensed as a cosmetology instructor may obtain a certification to instruct barbering upon successful completion of a course in shaving consisting of at least 35 hours of instruction from a licensed barbering instructor.

k. Electrology instructor. — An instructor must have a license in electrology and the successful completion of a teacher training course, consisting of at least 500 hours of instruction in a registered school of electrology or cosmetology; or at least 2 years’ experience as an active licensed, practicing electrologist, supplemented by at least 250 hours’ instruction in a teacher training course. In addition, the applicant shall have successfully passed an examination designated by the Board in its rules and regulations.

l. Nail technician instructor. — An instructor must have a license in nail technology and the successful completion of a teacher training course, consisting of at least 500 hours of instruction in a registered school of cosmetology or nail technology; or at least 2 years’ experience as an active licensed, practicing nail technician, supplemented by at least 250 hours of instruction in a teacher training course. Proof of education or experience shall be provided to the satisfaction of the Board. In addition, the applicant shall have successfully passed an examination designated by the Board in its rules and regulations.

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

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

(6) Shall not have been convicted of a crime substantially related to the practice of cosmetology, barbering, electrology or nail technology, unless the applicant was previously so licensed or was enrolled in a training program to be so licensed while an offender under the supervision of the Department of Correction prior to July 10, 2001. In determining whether a crime is substantially related to the professions regulated by this chapter, the Board shall follow the restrictions set forth under § 8735(x)(4) of Title 29. If after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, or during the time period between Board meetings, the Board President or the President’s designee, shall waive this paragraph (a)(6).

a.-d. [Repealed.]

(7) Shall not have a pending criminal charge relating to an offense that is substantially related to the practice of cosmetology, barbering, electrology or nail technology. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination under § 8735(x)(3) of Title 29 whether a waiver is required.

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

(b) As set forth in board rules and regulations, foreign-trained applicants shall provide evidence satisfactory to the Board of training equivalent to that required in paragraph (a)(3) of this section, in addition to meeting all other requirements of this section.

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

(d) Where the Board has found to its satisfaction that an application has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.
24 Del. C. § 2824 — Delaware Code / Title 24 / Chapter 28 / Section 2824
§ Â
        2824. Disciplinary action; procedure.
Status: in_force

(a) Whether prompted by receipt of an accusation of wrongdoing by a third party or upon its own initiative, the Council may review the actions and representations of applicants, adjunct and affiliate members, and any person licensed as a professional engineer under this chapter for alleged violations of § 2823 of this title or for unlicensed practice pursuant to § 2825 of this title.

(b) Complaint investigation and prosecution. — (1) Upon receipt of a written accusation alleging a violation of § 2823 of this title or alleging the unlicensed practice of professional engineering in violation of § 2825 of this title, the Council may assign the matter to its investigating committee for possible prosecution. The investigating committee may also initiate the prosecution process based upon firsthand knowledge acquired by a member or upon a member’s information and belief whether the accusation of wrongdoing is written or oral. Members of the investigating committee shall maintain strict confidentiality of the facts of its investigations and shall not discuss any issues of fact or law relating to an investigation with anyone except other investigating committee members, potential witnesses, the target of the investigation, or the target’s legal representative.

a. If any allegations are not supported by the facts stated in the complaint, the investigating committee shall submit a written recommendation to the Council for dismissal of the unsupported allegations. The recommendation must recite the complaint allegations that are recommended for dismissal, indicating the investigating committee’s reasoning for recommending dismissal of each allegation. By majority vote of the members present at a properly convened Council meeting, the Council shall approve or reject the investigating committee’s written recommendation based only on the information contained in and included with the written recommendation. The Council shall reject the investigating committee’s recommendation only if it decides that the investigating committee’s recommendation is contrary to a specific state or federal law or regulation, is not supported by substantial evidence, or is arbitrary or capricious. If Council does not approve the investigating committee’s recommendation, the matter must be remanded to the investigating committee with the Council’s written reasons for withholding its approval. If all allegations in a complaint are dismissed by the Council, the complaint is dismissed.

b. If the investigating committee believes a complaint does state sufficient facts to support 1 or more allegations, the investigating committee shall investigate the allegations and send a copy of the complaint by certified mail with return receipt requested to the last address of record of the accused.

c. The accused is entitled to submit a written answer to the complaint to the investigating committee within 20 calendar days after receiving the complaint.

d. If, at any time before commencement of a hearing 1 or more allegations are found to be unsupported, the investigating committee shall submit a written recommendation to the Council for dismissal of the unsupported allegations. The recommendation must recite verbatim all complaint allegations that are recommended for dismissal, indicating the investigating committee’s reasoning for recommending dismissal of each allegation. By majority vote of the members present at a properly convened Council meeting, the Council shall approve or reject the investigating committee’s written recommendation based only on the information contained in and included with the written recommendation. The Council shall reject the investigating committee’s recommendation only if it decides that the investigating committee’s recommendation is contrary to a specific state or federal law or regulation, is not supported by substantial evidence, or is arbitrary or capricious. If Council does not approve the investigating committee’s recommendation, the matter must be remanded to the investigating committee with the Council’s written reasons for withholding its approval. If all allegations in a complaint are dismissed by the Council, the complaint is dismissed.

e. If, during the course of an investigation, the investigating committee finds evidence that there may have been violations in addition to those contained in the complaint or those which formed the basis for an internally-initiated investigation, the investigating committee may add additional allegations as appropriate.

f. The investigating committee shall issue a final written report at the conclusion of its investigation. The report must list the evidence reviewed and the witnesses interviewed, cite the law alleged to have been violated, and list all facts supporting 1 or more allegations.

g. The investigating committee shall resolve supported allegations in 1 of the following ways:

1. The investigating committee may submit a written recommendation to the Council that an administrative order be issued. The written recommendation must include a copy of the proposed order. The proposed order must recite all complaint allegations the investigating committee believes are supported by its findings, a brief recitation of those findings, and the proposed penalty or penalties. By majority vote of the members present at a properly convened Council meeting, the Council shall approve or reject the investigating committee’s written recommendation based only on the information contained in and included with the written recommendation. The Council shall reject the investigating committee’s recommendation only if it decides that the investigating committee’s recommendation is contrary to a specific state or federal law or regulation, is not supported by substantial evidence, or is arbitrary or capricious. If Council does not approve the investigating committee’s recommendation, the matter must be remanded to the investigating committee with the Council’s written reasons for withholding its approval. If the Council approves the recommendation, the order shall be served on the accused by certified mail with return receipt requested to the last address of record of the accused or by personal service. The order must indicate that it will become final unless the accused, within 14 days after receipt of the order, objects to the proposed order and requests a hearing. Administrative orders become final 14 days from the day the order is received by the accused but only if there is positive proof of service, such as a signed return receipt or an affidavit of personal service. Administrative orders are limited to imposing the following penalties, individually or in combination: warning, public reprimand, censure, or requiring completion of training or education courses. If the accused gives notice to the investigating committee that the allegations are contested, the investigating committee shall proceed in accordance with paragraph (b)(1)g.3. of this section.

2. The investigating committee is entitled to negotiate a consent order with the accused. Consent orders must be approved by Council before becoming final. By majority vote of the members present at a properly convened Council meeting, the Council shall approve or reject consent orders, after considering the investigating committee’s written recommendation regarding an order, based only on the information contained in and included with the consent order and written recommendation. The Council shall reject consent orders only if it decides that a consent order is contrary to a specific state or federal law or regulation, is not supported by substantial evidence, or is arbitrary or capricious. If the Council approves a consent order, the consent order must be served on the accused by certified mail with return receipt requested to the last address of record of the accused or by personal service. If the Council does not approve the consent order, the matter must be remanded to the investigating committee with the Council’s written reasons for withholding its approval.

3. The investigating committee, with the concurrence of the Department of Justice, is entitled to forward the complaint, along with its final investigative report, to the Council with a written recommendation to prosecute the complaint before a hearing committee. By majority vote of the members present at a properly convened Council meeting, the Council shall approve or reject the Investigating Committee’s written recommendation based only on the information contained in and included with the written recommendation. The Council shall reject the investigating committee’s recommendation only if it decides that the investigating committee’s recommendation is contrary to a specific state or federal law or regulation, is not supported by substantial evidence, or is arbitrary or capricious. If Council does not approve the investigating committee’s recommendation, the matter must be remanded to the investigating committee with the Council’s written reasons for withholding its approval. If the Council approves the recommendation, the Council shall convene a hearing committee if it has not already done so, and assign the matter to the hearing committee for further proceedings. The time and place for the hearing must be fixed by the hearing committee within 90 days of receipt of the formal complaint.

(2) At a properly convened Council meeting, the Council President shall nominate at least 3 Council members to serve on a hearing committee. Nominees must be approved by a majority vote of Council members present at a properly convened Council meeting. The Council President shall designate 1 member of a hearing committee to serve as the hearing committee chair. Hearing committees shall consist of Council members only. Members of the investigating committee may not be members of the hearing committee, but investigating committee members are entitled to assist in the prosecution of the complaint before a hearing committee.

(3) The hearing committee shall properly notice and conduct the hearing. The Delaware Rules of Evidence do not apply to the presentation or admissibility of evidence in hearings. A record must be kept of all public hearings, a transcript of which must be provided at cost upon a party’s request. Decisions of the hearing committee must be made by majority vote of the hearing committee’s members. Decisions must be based on the evidence presented at the hearing and must be supported by substantial evidence in the record. Decisions must not be based exclusively on hearsay.

a. If the hearing committee determines that no violation under § 2823 of this title or that no unlicensed practice under § 2825 of this title has occurred, it shall issue an order dismissing the complaint.

b. If the hearing committee determines that a violation under § 2823 of this title or that an unlicensed practice under § 2825 of this title has occurred, it shall issue an order stating its findings of fact, conclusions of law, and penalties.

c. If the accused fails or refuses to appear, the hearing committee may proceed to hear the charges and render a decision by default.

d. Orders issued by the hearing committee are not final until approved by Council. After a quorum has been established at a properly convened Council meeting, by majority vote of the members present who are not recused from the matter, the Council shall approve or reject the hearing committee’s written order based only on the information contained in that order. The Council shall overturn the decision of a hearing committee only if it decides that a hearing committee decision is contrary to a specific state or federal law or regulation, is not supported by substantial evidence, or is arbitrary or capricious. If Council does not approve the hearing committee’s order, the matter must be remanded to the hearing committee for further proceedings in accordance with the Council’s written reasons for withholding its approval. Final orders are appealable to Superior Court within 30 days of the date of mailing. Copies of orders must be served personally or by registered or certified mail to each party.

(c) Disciplinary penalties and guidelines. — (1) Disciplinary violations under § 2823(a) of this title are punishable by the following penalties, or any combination thereof: levy fines up to $5,000; require the successful completion of additional training or education courses; issue warnings, public reprimands, and censure; refuse or revoke licensure; impose probation with appropriate terms and conditions; impose suspension of license not to exceed 2 years; and refuse to renew any authorization issued to use the term “engineer” or practice engineering in Delaware. All fines must be paid to Council within 90 days of the date of mailing of an order. All fines collected by the Council must be deposited in the General Fund of the State through the Division of Revenue, provided that the Council may first deduct from the fines an amount equal to the administrative and other direct expenses incurred by the Council, its hearing committee, and its investigating committee, in the prosecution of the complaint.

(2) The Council shall prepare and publish a chart of Disciplinary Penalty Guidelines (“Guidelines”) indicating the minimum and maximum penalties available for each basis for discipline in § 2823 of this title. Penalties must be imposed according to the Guidelines after taking into consideration any aggravating or mitigating circumstances in each case. The Guidelines shall be provided to each Association member, associate member, affiliate member, and adjunct member and shall be available free of charge to the public. Copies of the Guidelines must also be made available to prospective applicants as a part of their application materials.

(d) Any person who files a complaint, provides information, or testifies as a witness in a matter alleging a violation under § 2823 of this title or a violation under § 2825 of this title must be afforded the protections of the Delaware Whistleblowers’ Protection Act as codified in Chapter 17 of Title 19.

(e) The Council may, upon petition of an adjunct member, affiliate member, individual licensee, engineering corporation, or partnership holding a certificate of authorization, reissue authorization to use the term “engineer,” a license or certificate of authorization; provided, however, that a majority of the seated members of the Council vote in favor of such issuance.
24 Del. C. § 1901B — Delaware Code / Title 24 / Chapter 19B / Section 1901B
§ Â
        1901B. Advanced Practice Registered Nurse Compact [Effective upon fulfillment of 83 Del. Laws, c. 110, Â 2].
Status: in_force

The State hereby enters into the Advanced Practice Registered Nurse Compact (Compact) as set forth in this chapter. The text of the Compact is as set forth in this chapter.
24 Del. C. § 1613 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1613
§ Â
        1613. Adult entertainment establishment or adult-oriented retail establishment license application.
Status: in_force

(a) No license for the operation of an adult entertainment establishment or adult-oriented retail establishment shall be issued under this chapter unless the applicant has executed and filed with the Commission an application for license under oath on a form prepared by the Commission which is in compliance with this chapter.

(b) Every application for license for the operation of an adult entertainment establishment or adult-oriented retail establishment shall state the full name(s) of the applicant appearing pursuant to § 1615 of this title, including nickname(s) or alias(es), residential address(es), place(s) of employment, including address(es) and phone number(s), social security number, date of birth, driver’s license number, a photograph of the applicant taken within 30 days of the application, federal employer’s identification number and an address of the premises for which the application for license is made. Each application shall further provide the full name(s), including nickname(s) and alias(es), residential address(es), place of employment(s) including address(es) and phone number(s), date of birth, social security number and a recent photograph taken within 30 days of providing this information to the Commission of those persons employed by the adult entertainment establishment or adult-oriented retail establishment, and to specifically identify who is to be responsible for the day-to-day management of the adult entertainment establishment or adult-oriented retail establishment.

(c) Where the applicant is a corporation, no license shall be issued unless there first be filed with the Commission, as part of the application of license:

(1) A copy of the certificate of incorporation certified by the Secretary of State of the state of incorporation;

(2) Where the applicant is a foreign corporation within the meaning of § 371 of Title 8, a copy of the certificate of the Secretary of State prescribed by subsection (c) of that section;

(3) A certificate which shall bear the full name(s), including nicknames or aliases, place(s) of employment, including address(es) and phone number(s), social security number, date of birth, driver’s license number and a photograph taken within 30 days of application of every director, officer and principal stockholder of the applicant; and

(4) The names and addresses of all holders of stock of the applicant as of a date 30 days or less prior to the date of application, which shall be certified as true and correct by an authorized director or officer of said corporation.

(d) Where the applicant is a partnership or other unincorporated association, no license shall be issued unless there is first filed with the Commission, as part of the application for license, a certificate which shall bear the full name(s), including nicknames or aliases, signature(s), place(s) of employment, including address(es) and phone number(s), social security number, date of birth, driver’s license number and a photograph taken within 30 days of application of every partner or member.

(e) An application for license for the operation of an adult entertainment establishment shall include a certificate stating the full name(s), including nicknames or aliases, signature(s), residential address(es), place(s) of employment, including address(es) and phone number(s), date of birth, social security number, driver’s license number and a photograph taken within 30 days of application of the person or persons who shall be responsible for the selection or procurement of all sexually-oriented material for each such establishment. This subsection shall not be construed to preclude the responsibility of any other person or persons for the procurement of sexually-oriented materials.

(f) Every application for a license for the operation of an adult entertainment establishment or adult-oriented retail establishment, or for renewal thereof, shall be accompanied by a nonrefundable fee in the amount as determined by the Division of Professional Regulation.

(g) No application for a license to operate an adult entertainment establishment or adult-oriented retail establishment shall be received by the Commission within 6 months following the date upon which an application to operate an adult entertainment establishment or adult-oriented retail establishment at the same location has been denied.
24 Del. C. § 1192 — Delaware Code / Title 24 / Chapter 11 / Subchapter V / Section 1192
§ Â
        1192. Reports of dental malpractice actions.
Status: in_force

The Prothonotary in each county of the State shall report to the Board the adjudication of any dental malpractice claim against a dentist which was filed in the Prothonotary’s office or the settlement of any dental malpractice claim which was filed in the Prothonotary’s office.
24 Del. C. § 1404 — Delaware Code / Title 24 / Chapter 14 / Subchapter I / Section 1404
§ Â
        1404. Organization; meetings; officers; quorum.
Status: in_force

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

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

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

(d) Minutes of all meetings shall be recorded and the Division shall maintain copies of the minutes. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The person requesting the transcript shall incur the cost of preparing any transcript.