24 Del. C. § 1908B — Delaware Code / Title 24 / Chapter 19B / Section 1908B
§ Â
        1908B. Establishment of the Interstate Commission of APRN Compact Administrators [Effective upon fulfillment of 83 Del. Laws, c. 110, Â 2].
Status: in_force

(a) The party states hereby create and establish a joint public agency known as the Interstate Commission of APRN Compact Administrators.

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

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

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

(b) Membership, voting and meetings. — (1) Each party state shall have and be limited to 1 administrator. The head of the state licensing board or designee shall be the administrator of this Compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the party state in which the vacancy exists.

(2) Each administrator shall be entitled to 1 vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator’s participation in meetings by telephone or other means of communication.

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

(4) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in § 1909B of this title.

(5) The Commission may convene in a closed, nonpublic meeting if the Commission must discuss any of the following:

a. Noncompliance of a party state with its obligations under this Compact.

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

c. Current, threatened, or reasonably anticipated litigation.

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

e. Accusing any person of a crime or formally censuring any person.

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

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

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

i. Disclosure of information related to any reports prepared by or on behalf of the Commission for the purpose of investigation of compliance with this Compact.

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

(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

(c) The Commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this Compact, including all of the following:

(1) Establishing the fiscal year of the Commission.

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

a. The establishment and meetings of other committees.

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

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

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

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

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

(d) The Commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the Commission.

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

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

(g) The Commission shall have the following powers:

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

(2) To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected.

(3) To purchase and maintain insurance and bonds.

(4) To borrow, accept or contract for services of personnel, including but not limited to employees of a party state or nonprofit organizations.

(5) To cooperate with other organizations that administer state compacts related to the regulation of nursing, including but not limited to sharing administrative or staff expenses, office space or other resources.

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

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

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

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

(10) To establish a budget and make expenditures.

(11) To borrow money.

(12) To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons.

(13) To issue advisory opinions.

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

(15) To adopt and use an official seal.

(16) To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of APRN licensure and practice.

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

(2) The Commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule that is binding upon all party states.

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

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

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

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

(3) The Commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person.
24 Del. C. § 1193 — Delaware Code / Title 24 / Chapter 11 / Subchapter V / Section 1193
§ Â
        1193. Limitation of action for dental malpractice.
Status: in_force

No action for recovery of damages against a dentist, dental hygienist or dental assistant for personal injury, including death, allegedly suffered in the course of dental treatment, shall be brought after the expiration of 2 years from the date upon which such injury occurred; provided, however, that:

(1) Solely in the event of a personal injury the occurrence of which during such period of 2 years was unknown to and could not in the exercise of reasonable diligence have been discovered by the injured person, such action may be brought prior to the expiration of 3 years from the date upon which such injury occurred, and not thereafter; and

(2) A minor under the age of 6 years shall have until the latter time for bringing such an action as provided for in paragraph (1) of this section or until the minor’s sixth birthday to bring an action.
24 Del. C. § 1708B — Delaware Code / Title 24 / Chapter 17B / Section 1708B
§ Â
        1708B. Establishment of the PA Licensure Compact Commission.
Status: reserved

(a) The participating states hereby create and establish a joint government agency and national administrative body known as the PA Licensure Compact Commission. The Commission is an instrumentality of the compact states acting jointly and not an instrumentality of any 1 state. The Commission shall come into existence on or after the effective date of the Compact as set forth in § 1712B(a).

(b) Membership, voting, and meetings. —

(1) Each participating state shall have and be limited to 1 delegate selected by that participating state’s licensing board or, if the state has more than 1 licensing board, selected collectively by the participating state’s licensing boards.

(2) The delegate shall be either:

a. A current physician assistant, physician or public member of a licensing board or of the Regulatory Council for Physician Assistants.

b. An administrator of a licensing board.

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

(4) The participating state licensing board shall fill any vacancy occurring in the Commission within 60 days.

(5) Each delegate shall be entitled to 1 vote on all matters voted on by the Commission and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telecommunications, video conference, or other means of communication.

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

(7) The Commission shall establish by rule a term of office for delegates.

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

(1) Establish a code of ethics for the Commission.

(2) Establish the fiscal year of the Commission.

(3) Establish fees.

(4) Establish bylaws.

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

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

(7) Promulgate Rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all Participating States.

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

(9) Purchase and maintain insurance and bonds.

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

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

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

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

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

(15) Establish a budget and make expenditures.

(16) Borrow money.

(17) Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws.

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

(19) Elect a chair, vice chair, secretary and treasurer and such other officers of the Commission as provided in the Commission’s bylaws.

(20) Reserve for itself, in addition to those reserved exclusively to the Commission under the Compact, powers that the Executive Committee may not exercise.

(21) Approve or disapprove a state’s participation in the Compact based upon its determination as to whether the state’s compact legislation departs in a material manner from the model compact language.

(22) Prepare and provide to the participating states an annual report.

(23) Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of physician assistant licensure and practice.

(d) Meetings of the Commission: —

(1) All meetings of the Commission that are not closed pursuant to this subsection shall be open to the public. Notice of public meetings shall be posted on the Commission’s website at least 30 days prior to the public meeting.

(2) Notwithstanding paragraph (d)(1) of this section, the Commission may convene a public meeting by providing at least 24 hours prior notice on the Commission’s website, and any other means as provided in the Commission’s Rules, for any of the reasons it may dispense with notice of proposed rulemaking under § 1710B(l) of this title.

(3) The Commission may convene in a closed, non-public meeting or non-public part of a public meeting to receive legal advice or to discuss:

a. Non-compliance of a participating state with its obligations under this Compact.

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

c. Current, threatened, or reasonably anticipated litigation.

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

e. Accusing any person of a crime or formally censuring any person.

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

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

h. Disclosure of investigative records compiled for law enforcement purposes.

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

j. Legal advice.

k. Matters specifically exempted from disclosure by federal or participating states’ statutes.

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

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

(e) Financing of the Commission. —

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

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

(3) The Commission may levy on and collect an annual assessment from each participating state and may impose Compact Privilege fees on licensees of participating states to whom a compact privilege is granted to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the Commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount levied on participating states shall be allocated based upon a formula to be determined by commission rule.

a. A compact privilege expires when the licensee’s qualifying license in the participating state from which the licensee applied for the compact privilege expires.

b. If the licensee terminates the qualifying license through which the licensee applied for the compact privilege before its scheduled expiration, and the licensee has a qualifying license in another participating state, the licensee shall inform the Commission that it is changing to that participating state the participating state through which it applies for a compact privilege and pay to the Commission any compact privilege fee required by commission rule.

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

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

(f) The Executive Committee. —

(1) The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact and commission rules.

(2) The Executive Committee shall be composed of 9 members:

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

b. One ex-officio, nonvoting member from a recognized national physician assistant professional association.

c. One ex-officio, nonvoting member from a recognized national physician assistant certification organization.

(3) The ex-officio members will be selected by their respective organizations.

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

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

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

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

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

c. Prepare and recommend the budget.

d. Maintain financial records on behalf of the Commission.

e. Monitor compact compliance of participating states and provide compliance reports to the Commission.

f. Establish additional committees as necessary.

g. Exercise the powers and duties of the Commission during the interim between Commission meetings, except for issuing proposed rulemaking or adopting commission rules or bylaws, or exercising any other powers and duties exclusively reserved to the Commission by the Commission’s rules.

h. Perform other duties as provided in the Commission’s rules or bylaws.

(7) All meeting of the Executive Committee at which it votes or plans to vote on matters in exercising the powers and duties of the Commission shall be open to the public and public notice of such meetings shall be given as public meetings of the Commission are given.

(8) The Executive Committee may convene in a closed, non-public meeting for the same reasons that the Commission may convene in a non-public meeting as set forth in paragraph (d)(3) of this section and shall announce the closed meeting as the Commission is required to under paragraph (d)(4) of this section and keep minutes of the closed meeting as the Commission is required to under paragraph (d)(5) of this section.

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

(1) The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder.

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

(3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

(4) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses in any proceedings as authorized by commission rules.

(5) Nothing herein shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.

(6) Nothing herein shall be construed to designate the venue or jurisdiction to bring actions for alleged acts of malpractice, professional misconduct, negligence, or other such civil action pertaining to the practice of a physician assistant. All such matters shall be determined exclusively by state law other than this Compact.

(7) Nothing in this Compact shall be interpreted to waive or otherwise abrogate a participating state’s state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act [15 U.S.C. § 1 et seq.], Clayton Act [15 U.S.C. § 12 et seq.], or any other state or federal antitrust or anticompetitive law or regulation.

(8) Nothing in this Compact shall be construed to be a waiver of sovereign immunity by the participating states or by the Commission.
24 Del. C. § 3604 — Delaware Code / Title 24 / Chapter 36 / Subchapter I / Section 3604
§ Â
        3604. 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, 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 at least 4 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. § 2923 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2923
§ Â
        2923. Deposits and escrow accounts; accounting; records inspection and audit.
Status: in_force

(a) Every broker shall establish and maintain an escrow account or accounts in a federally insured banking institution which has offices within the State.

(1) Accounts shall be opened in the name of the brokerage organization and designated as an escrow account.

(2) The broker shall be a signatory on each such account.

(3) Except for the minimum balance required by the bank and money to cover bank fees, each account shall be used only for escrow deposits, earnest money deposits, rental money or other moneys in which broker’s customers or clients have an interest where such money is to be held by broker in accordance with the terms of a real estate services transaction.

(b) All escrow deposits, earnest money deposits, rental money or other moneys accepted by a licensee in accordance with the terms of a real estate services transaction shall be accounted for in full upon the signing of a written agreement by all parties and maintained through the consummation or termination of the real estate services transaction. All moneys held by broker shall be disbursed in accordance with the terms of the transaction unless otherwise agreed upon in writing by the parties to the transaction or ordered by a court.

(c) All escrow deposits accepted by a licensee in accordance with the terms of a real estate services transaction shall be accepted in the name of the brokerage organization unless the parties have agreed to a different third-party escrow agent.

(d) Every licensee, upon the signing of a written agreement by all parties to a real estate services transaction, shall promptly pay over the escrow deposit, earnest money deposit, rental money or other moneys as specified in the transaction. The broker shall deposit the moneys into the broker’s escrow account within 72 hours of the signing of the written agreement by all parties, or by the dates defined therein, excluding weekends and federal holidays.

(e) The broker shall have accessible at the broker’s approved place of business, all books, records, written agreements and other necessary documents to determine the adequacy of the escrow account or accounts. These accounts and records shall be opened to inspection or audit by the Commission and its duly authorized agents at the broker’s approved place of business during regular business hours.
24 Del. C. § 717 — Delaware Code / Title 24 / Chapter 7 / Section 717
§ Â
        717. Opinions and testimony.
Status: in_force

(a) Any chiropractor who is duly licensed as a chiropractic practitioner under this chapter shall be deemed competent to offer opinions in the courts, administrative agencies and other tribunals of this State as to matters of causation, within the scope of chiropractic practice, provided the testimony is offered to a reasonable degree of chiropractic certainty and there is otherwise an adequate foundation for the admission of this testimony.

(b) Any chiropractor duly licensed under this chapter shall also be deemed competent to offer opinions in the courts, administrative agencies and other tribunals of this State as to matters of permanent impairment or disability, provided the testimony is within the scope of chiropractic practice, is offered to a reasonable degree of chiropractic certainty and there is otherwise an adequate foundation of the admission of this testimony.

(c) No Doctor of Chiropractic shall be permitted to offer chiropractic opinions for the purpose of determining eligibility for health insurance policy benefits relating to chiropractic care in the State unless the Doctor of Chiropractic is duly licensed and actively practicing in the State. For purposes of this subsection, a Doctor of Chiropractic shall be considered “actively practicing” if that Doctor of Chiropractic maintains an office in the State for treatment of patients and is engaged in the practice of chiropractic in the State more than an average of 10 hours per week. For purposes of this section “insurance policy” shall include without limitation all health plans and policies for the payment for, provision of or reimbursement for chiropractic or medical services, supplies or both issued by health insurers, health service corporations or managed care organizations.
24 Del. C. § 4441 — Delaware Code / Title 24 / Chapter 44 / Subchapter V / Section 4441
§ Â
        4441. Grounds for discipline.
Status: in_force

(a) A practitioner licensed or certified under this chapter shall be subject to disciplinary actions set forth in § 4443 of this title, if, after a hearing, the Board finds that the practitioner:

(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a manufactured home installer or a certificate as a manufactured home installation inspector; has impersonated another person holding a license or certificate, or allowed another person to use that manufactured home installer’s license or manufactured home installation inspector’s certificate, or aided or abetted a person not licensed as a manufactured home installer or certified as a manufactured home installation inspector to represent himself or herself as a manufactured home installer or manufactured home installation inspector.

(2) Has illegally, incompetently or negligently practiced manufactured home installation or manufactured home installation inspection.

(3) Has been convicted of a crime that is substantially related to the practice of manufactured home installation or manufactured home installation inspection. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence thereof.

(4) Has excessively used or abused drugs either in the past 2 years or currently; excessive use or abuse of drugs shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed practitioner, or the abuse of alcoholic beverage such that it impairs the practitioner’s ability to perform the work of a manufactured home installer or manufactured home installation inspector.

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

(6) Has had that practitioner’s manufactured home installer’s license or manufactured home installation inspector’s certificate suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a manufactured home installer or certified as a manufactured home installation inspector in this State shall be deemed to have given consent to the release of this information by the Board or other comparable agencies in another jurisdiction, and to have waived all objections to the admissibility of previously adjudicated evidence of such acts or offenses.

(7) Has failed to notify the Board that the manufactured home installer’s license or manufactured home installation inspector’s certificate in another state has been subject to discipline, or has been surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof.

(8) Has failed to comply with a lawful board order.

(b) Subject to the provisions of subchapter IV of Chapter 101 of Title 29, no license or certificate shall be restricted, suspended, or revoked by the Board, and no practitioner’s right to practice manufactured home installation or manufactured home installation inspection shall be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act, Chapter 101 of Title 29. Notice shall be accomplished by mail to the last address of record provided by the practitioner. It is the practitioner’s responsibility to notify the Division of a change of address within 15 days of that change.
24 Del. C. § 3707 — Delaware Code / Title 24 / Chapter 37 / Subchapter II / Section 3707
§ Â
        3707. License required [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: in_force

(a) No person may engage in the practice of speech/language pathology, audiology, or dispense hearing aids or hold oneself out to the public in this State as being qualified to act as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser, or otherwise assume or use any title or description conveying or tending to convey the impression that the person is qualified to practice speech/language pathology, audiology, or dispense hearing aids, unless such person has been duly licensed under this chapter.

(b) Whenever a license to practice as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser in this State has expired or been suspended or revoked, it is unlawful for the person to practice speech/language pathology, speech/language pathology assistant, audiology, or dispense hearing aids in this State.

(c) The Board may issue separate licenses in speech/language pathology, speech/language pathology assistant, audiology, and for hearing aid dispensers. A person may be licensed in more than 1 specialty if such person meets the requirements of each specialty for which the person has applied for licensure.
24 Del. C. § 3910 — Delaware Code / Title 24 / Chapter 39 / Section 3910
§ Â
        3910. Fees.
Status: in_force

The amount to be charged for each fee imposed under this chapter must approximate and reasonably reflect all costs necessary to defray the Board’s expenses and proportional expenses that the Division incurs in its services on behalf of the Board. A separate fee must be charged for each service or activity, but no fee may be charged for a purpose not specified in this chapter.
24 Del. C. § 3904D — Delaware Code / Title 24 / Chapter 39D / Section 3904D
§ Â
        3904D. Social worker participation in the Compact.
Status: in_force

(a) To be eligible for a Multistate License under the terms and provisions of the Compact, an applicant, regardless of category must:

(1) Hold or be eligible for an active, unencumbered license in the home state.

(2) Pay any applicable fees, including any state fee, for the Multistate License.

(3) Submit, in connection with an application for a Multistate License, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.

(4) Notify the home state of any adverse action, encumbrance, or restriction on any professional license taken by any member state or nonmember state within 30 days from the date the action is taken.

(5) Meet any continuing competence requirements established by the home state.

(6) Abide by the laws, regulations, and applicable standards in the member state where the client is located at the time care is rendered.

(b) An applicant for a clinical-category Multistate License must meet all of the following requirements:

(1) Fulfill a competency requirement, which shall be satisfied by any of the following:

a. Passage of a clinical-category qualifying national exam.

b. Licensure of the applicant in their home state at the clinical category, beginning prior to such time as a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensure thereafter, all of which may be further governed by the rules of the Commission; or

c. The substantial equivalency of the foregoing competency requirements, from paragraphs (b)(1)a. and b. of this section, which the Commission may determine by rule.

(2) Attain at least a master’s degree in social work from a program that is:

a. Operated by a college or university recognized by the licensing authority.

b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:

1. The Council for Higher Education Accreditation or its successor.

2. The United States Department of Education.

(3) Fulfill a practice requirement, which shall be satisfied by demonstrating completion of any of the following:

a. A period of postgraduate supervised clinical practice equal to a minimum of 3,000 hours; or

b. A minimum of 2 years of full-time postgraduate supervised clinical practice; or

c. The substantial equivalency of the foregoing practice requirements, from paragraphs (b)(3)a. and b. of this section, which the Commission may determine by rule.

(c) An applicant for a master’s-category Multistate License must meet all of the following requirements:

(1) Fulfill a competency requirement, which shall be satisfied by any of the following:

a. Passage of a master’s-category qualifying national exam.

b. Licensure of the applicant in their home state at the master’s category, beginning prior to such time as a qualifying national exam was required by the home state at the master’s category and accompanied by a continuous period of social work licensure thereafter, all of which may be further governed by the rules of the Commission.

c. The substantial equivalency of the foregoing competency requirements, from paragraphs (c)(1)a. and b. of this section, which the Commission may determine by rule.

(2) Attain at least a master’s degree in social work from a program that is:

a. Operated by a college or university recognized by the licensing authority.

b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:

1. The Council for Higher Education Accreditation or its successor.

2. The United States Department of Education.

(d) An applicant for a bachelor’s-category Multistate License must meet all of the following requirements:

(1) Fulfill a competency requirement, which shall be satisfied by any of the following:

a. Passage of a bachelor’s-category qualifying national exam.

b. Licensure of the applicant in their home state at the bachelor’s category, beginning prior to such time as a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensure thereafter, all of which may be further governed by the rules of the Commission.

c. The substantial equivalency of the foregoing competency requirements, from paragraphs (d)(1)a. and b. of this section, which the Commission may determine by rule.

(2) Attain at least a bachelor’s degree in social work from a program that is:

a. Operated by a college or university recognized by the licensing authority.

b. Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:

1. The Council for Higher Education Accreditation or its successor.

2. The United States Department of Education.

(e) The Multistate License for a regulated social worker is subject to the renewal requirements of the home state. The regulated social worker must maintain compliance with the requirements of subsection (a) of this section to be eligible to renew a Multistate License.

(f) The regulated social worker’s services in a remote state are subject to that member state’s regulatory authority. A remote state may, in accordance with due process and that member state’s laws, remove a regulated social worker’s Multistate Authorization to Practice in the remote state for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens.

(g) If a Multistate License is encumbered, the regulated social worker’s Multistate Authorization to Practice shall be deactivated in all remote states until the Multistate License is no longer encumbered.

(h) If a Multistate Authorization to Practice is encumbered in a remote state, the regulated social worker’s Multistate Authorization to Practice may be deactivated in that state until the Multistate Authorization to Practice is no longer encumbered.
24 Del. C. § 1704B — Delaware Code / Title 24 / Chapter 17B / Section 1704B
§ Â
        1704B. State participation in this Compact.
Status: in_force

(a) To participate in this Compact, a participating state shall:

(1) License physician assistants.

(2) Participate in the Compact Commission’s data system.

(3) Have a mechanism in place for receiving and investigating complaints against licensees and license applicants.

(4) Notify the Commission, in compliance with the terms of this Compact and commission rules, of any adverse action against a licensee or license applicant and the existence of significant investigative information regarding a licensee or license applicant.

(5) Fully implement a criminal background check requirement, within a time frame established by commission rule, by its licensing board receiving the results of a criminal background check and reporting to the Commission whether the license applicant has been granted a license.

(6) Comply with the rules of the Compact Commission.

(7) Utilize passage of a recognized national exam such as the National Commission on the Certification of Physician Assistants (NCCPA) Physician Assistant National Certifying Examination (PANCE) as a requirement for physician assistant licensure.

(8) Grant the compact privilege to a holder of a qualifying license in a participating state.

(b) Nothing in this Compact prohibits a participating state from charging a fee for granting the compact privilege.
24 Del. C. § 1204 — Delaware Code / Title 24 / Chapter 12 / Subchapter I / Section 1204
§ Â
        1204. Security alarm business requirements [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

(a) An applicant for a license to operate as a security alarm business in this State shall furnish all of the following information to the Professional Licensing Section:

(1) If an applicant for licensure is a sole proprietor, the full name, residential address or address of the place of business, and telephone number. If the sole proprietor will not be personally and actively in charge of the business, the sole proprietor shall provide the same information for the person who will manage the business. The sole proprietor shall subscribe to, verify and swear to the application.

(2) If an applicant for licensure is a partnership, the true names, addresses and phone numbers of all the general partners, the name of the partner to be actively in charge of the business or the individual who the partnership appoints to manage the security alarm business. The designated partners or management appointees shall subscribe to, verify and swear to the application.

(3) If an applicant for licensure is a corporation, the true names, addresses and phone numbers of the officers and any other corporate officer or management appointee who will be actively involved in the security alarm business. The designated corporate officer or management appointee shall subscribe to, verify and swear to the application.

(4) If an applicant for licensure is an sole proprietor, partnership or corporation with no physical presence within the State, the applicant shall state the true name, address and telephone number of the compliance agent within this State who will maintain active security alarm business records, including personnel and training records, and supply them upon demand from the Professional Licensing Section within a 48-hour period. The compliance agent shall subscribe to, verify and swear to the application.

(5) A background statement providing the date of inception of the security alarm business or the intended date of inception, the nature of the security alarm business that is the subject of the application, and prior security alarm system work experience both within and outside of this State.

(6) If the applicant for licensure is an individual, the applicant’s place of employment for the past 3 years including length of time at each position.

(7) A statement detailing whether an applicant has ever been denied a license or permit, or had a license or permit suspended or revoked, in any jurisdiction to engage in the security alarm business industry.

(8) A list of any felony or misdemeanor convictions in any jurisdiction for all applicants, officers, management appointees, or compliance agents listed on the application.

(9) The Director may require additional information that may reasonably be deemed necessary to determine whether the applicant or individual signing the application meets the requirements of this chapter.

(b) The Professional Licensing Section shall review each applicant, officer, management appointee or compliance agent for evidence of good character and organization illustrating a legitimate purpose. The Professional Licensing Section’s review shall include all of the following:

(1) A record of arrests or convictions for crimes involving offenses against the person, dishonesty and fraud in relation to business of security alarm systems.

(2) A record of complaints filed with the Fraud and Consumer Protection Division of the Delaware Department of Justice or Better Business Bureau regarding the applicant, officers, management appointees or compliance agents.

(3) Evidence of a total lack of training or experience in the installation of security alarm systems by any person named in the application;

(4) Failure to obtain a bond as required by § 1211 of this title.
24 Del. C. § 1617 — Delaware Code / Title 24 / Chapter 16 / Subchapter I / Section 1617
§ Â
        1617. Grounds for refusal to issue a license; suspension; revocation.
Status: in_force

(a) The Commission shall refuse to issue a license to any applicant, and shall revoke any license for the operation of an adult entertainment establishment or adult-oriented retail establishment, for any of the following reasons:

(1) An intentional misrepresentation or omission of any material fact required to be filed pursuant to this chapter;

(2) A transfer of a license in violation of § 1608(a) or § 1610(a) of this title; or the failure to comply with § 1622 or § 1623 of this title;

(3) A conviction for any of the following offenses, which are deemed to be substantially related to the operation of adult bookstores and adult entertainment establishments: lewdness, tax evasion, obscenity, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape or sodomy, in this State or any other state or jurisdiction;

(4) A conviction of any director, officer, principal stockholder, manager, procurer, employee or independent contractor of the licensee or of a partner associated with the licensee for any of the following offenses, including conspiracy to commit any of the following offenses, which are deemed substantially related to the operation of adult bookstores and adult entertainment establishments: lewdness, tax evasion, obscenity, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape or sodomy, in this State or any other state or jurisdiction, occurring on the licensed premises; or

(5) A conviction of any director, officer, principal stockholder, manager, procurer, employee or independent contractor of the licensee, or of a partner associated with the licensee, for any of the following offenses, including conspiracy to commit any of the following offenses, which are deemed substantially related to the operation of adult bookstores and adult entertainment establishments: lewdness, tax evasion, obscenity, prostitution, promoting prostitution, sexual assault, sexual misconduct, indecent exposure, incest, rape or sodomy, in this State or any other jurisdiction, not occurring on licensed premises, where said director, officer, principal stockholder, manager, procurer, employee or independent contractor, at the time of the conduct constituting the offense, was off the premises at the request or direction or pursuant to the authority of the licensee for the purpose of furthering the business of the licensee.

(b) The person or persons responsible for any intentional misrepresentation or omission of any material fact required to be filed pursuant to this chapter shall be fined $1,000, imprisoned for 30 days, or both. For the purpose of this subsection, a fact is deemed “material” when it could have affected the decision as to whether to grant or deny an application for license.

(c) The license for the operation of an adult entertainment establishment or adult-oriented retail establishment may be suspended by the Commission, for a period not to exceed 6 months, for any violation of this chapter not otherwise punishable by subsection (a) of this section, or § 1616 of this title.

(d) A waiver shall be granted, after application in a form prescribed by the Commission, of paragraphs (a)(3) through (a)(5) of this section if, after consideration of the factors set forth in § 8735(x)(3) of Title 29, the Commission determines that granting a waiver would not create an unreasonable risk to public safety.
24 Del. C. § 2008A — Delaware Code / Title 24 / Chapter 20A / Section 2008A
§ Â
        2008A. Adverse actions.
Status: in_force

(a) A home state shall have exclusive power to impose adverse action against an occupational therapist’s or occupational therapy assistant’s license issued by the home state.

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

(1) Take adverse action against an occupational therapist’s or occupational therapy assistant’s compact privilege 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.

(c) 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.

(d) The home state shall complete any pending investigations of an occupational therapist or occupational therapy assistant who changes primary state of residence during the course of the investigations. The home state, where the investigations were initiated, shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the Occupational Therapy Compact Commission data system. The Occupational Therapy Compact Commission data system administrator shall promptly notify the new home state of any adverse actions.

(e) A member state, if otherwise permitted by state law, may recover from the affected occupational therapist or occupational therapy assistant the costs of investigations and disposition of cases resulting from any adverse action taken against that occupational therapist or occupational therapy assistant.

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

(g) Joint investigations. —

(1) In addition to the authority granted to a member state by its respective state occupational therapy laws and regulations 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.

(h) If an adverse action is taken by the home state against an occupational therapist’s or occupational therapy assistant’s license, the occupational therapist’s or occupational therapy assistant’s compact privilege 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 occupational therapist’s or occupational therapy assistant’s license shall include a statement that the occupational therapist’s or occupational therapy assistant’s compact privilege is deactivated in all member states during the pendency of the order.

(i) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.

(j) 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. § 1812 — Delaware Code / Title 24 / Chapter 18 / Subchapter II / Section 1812
§ Â
        1812. Issuance and renewal of licenses.
Status: in_force

(a) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a master plumber and who pays the appropriate fees established under § 1811 of this title.

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

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

(d) A licensee, upon the licensee’s written request, may be placed on inactive status for no more than 5 years. A licensee on inactive status who desires to reactivate that licensee’s license must complete and submit an application form approved by the Board, submit the reactivation fee set by the Division, and submit proof of fulfillment of any continuing education requirements established by the Board.
24 Del. C. § 2527 — Delaware Code / Title 24 / Chapter 25 / Subchapter IV / Section 2527
§ Â
        2527. Application fees for permits [Effective until June 30, 2026].
Status: in_force

The application for a permit to operate a pharmacy must be made on a form furnished by the Board and must be accompanied by the application fee and/or permit fee established pursuant to § 2511 of this title.
24 Del. C. § 3054 — Delaware Code / Title 24 / Chapter 30 / Subchapter IV / Section 3054
§ Â
        3054. Reciprocity.
Status: in_force

(a) Upon payment of the application fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who 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 license are substantially similar to those of this State. A license in good standing is defined in § 3052(a)(4)-(8) of this title.

(b) An applicant who is licensed in a jurisdiction whose standards are not substantially similar to those of this State but who has held a license in good standing for a minimum of 5 years in the jurisdiction from which the applicant is applying for reciprocal license, and who has taken and passed the AMFTRB National Examination or other MFT licensing exam acceptable to the Board may be licensed, provided the applicant meets all other qualifications for reciprocity.
24 Del. C. § 1172 — Delaware Code / Title 24 / Chapter 11 / Subchapter IV / Section 1172
§ Â
        1172. Unlawful acts; penalty.
Status: in_force

Whoever employs a person who is not a licensed dentist to perform dental operations as defined in this chapter or permits such persons to practice dentistry in the employer’s office; or whoever practices dentistry under a false name or assumes a title or appends or prefixes to that person’s name letters which falsely represent the person as having a degree from a chartered dental college, or makes use of the words “dental college” or “dental school” or equivalent words when not lawfully authorized so to do, or impersonates another at an examination held by the Board, or knowingly makes a false application or a false representation in connection with such examination; shall be fined not less than $100 nor more than $200.
24 Del. C. § 1922 — Delaware Code / Title 24 / Chapter 19 / Section 1922
§ Â
        1922. Disciplinary proceedings; appeal.
Status: in_force

(a) Grounds. — The Board may impose any of the following sanctions (subsection (b) of this section) singly or in combination when it finds a licensee or former licensee is guilty of any offense described herein, except that the license of any licensee who is convicted of a felony sexual offense shall be permanently revoked:

(1) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing; or

(2) Has been convicted of a crime that is substantially related to the practice of nursing; or

(3) Is unfit or incompetent by reason of negligence, habits, or other causes; or

(4) Is habitually intemperate or is addicted to the use of habit-forming drugs; or

(5) Is mentally incompetent; or

(6) Has a physical condition such that the performance of nursing service is or may be injurious or prejudicial to patients or to the public; or

(7) Has had a license to practice as a registered nurse or licensed practical nurse suspended or revoked in any jurisdiction; or

(8) Is guilty of unprofessional conduct or the wilful neglect of a patient; or

(9) Has wilfully or negligently violated this chapter; or

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

(11) Has failed to report to the Division of Professional Regulation as required by §§ 1930 and 1930A of this title; or

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

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

(b) Disciplinary sanctions. — (1) Permanently revoke a license to practice.

(2) Suspend a license.

(3) Censure a licensee.

(4) Issue a letter of reprimand.

(5) Place a licensee on probationary status and require the licensee to do 1 or more of the following:

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

b. Limit practice to those areas prescribed by the Board.

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

(6) Refuse a license.

(7) Refuse to renew a license.

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

(9) Take any other disciplinary action.

(c) Procedure. — (1) When a complaint is filed pursuant to § 8735 of Title 29, alleging a violation of this chapter, the complaint shall be received and investigated by the Division of Professional Regulation and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.

(2) The Board shall cause a copy of the complaint, together with a notice of the time and place fixed for the hearing to be served upon the practitioner at least 20 days before the date fixed for the hearing. In cases where the practitioner cannot be located or where the personal service cannot be effectuated, substitute service shall be effected in the same manner as with civil litigation.

(3) In all proceedings under this chapter:

a. The accused may be represented by counsel who shall have the right of examination and cross-examination.

b. The accused and the Board may subpoena witnesses. Subpoenas shall be issued by the President or the Vice-President of the Board upon written request and shall be served as provided by the rules of the Superior Court and shall have like effect as a subpoena issued by said Court.

c. Testimony before the Board shall be under oath. Any member of the Board shall have power to administer oaths for this purpose.

d. A stenographic record of the hearing shall be made by a qualified court reporter. At the request and expense of any party such record shall be transcribed with a copy to the other party.

e. The decision of the Board shall be based upon sufficient legal evidence. If the charges are supported by such evidence, the Board may refuse to issue, or revoke or suspend a license, or otherwise discipline a licensee. A suspended license may be reissued upon a further hearing initiated at the request of the suspended licensee by written application in accordance with the rules of the Board.

f. All decisions of the Board shall be final and conclusive. 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. The appeal shall be on the record to the Superior Court and shall be as provided in §§ 10142-10145 of Title 29.

g. Upon reaching its conclusion of law and determining an appropriate disciplinary action, if any, the Board shall issue a written decision and order in accordance with § 10128 of Title 29. The order must restate the factual findings, but need not summarize the evidence presented. However, notwithstanding the provisions of § 10128(c) of Title 29, the decision and order, including an order issued pursuant to § 1923 of this title, may be issued over the signature of only the President or other officer of the Board. The decision and order must be sent by certified mail, return receipt requested, to the person complained about, with a copy to the Executive Director.

(d) The Board may not impose any sanction pursuant to subsection (b) of this section for the performance, recommendation, or provision of any “healthcare services,” as defined in § 1702 of this title, that is lawful in this State even if such performance, recommendation, or provision is for a person who resides in a state where such performance, recommendation, or provision is illegal or considered to be unprofessional conduct or the unauthorized practice of nursing.

(e) Letters of Concern. —

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

(2) If a licensee receives a total of 3 letters of concern under this section, the Board may hold a hearing to assess the licensee’s professional competency to protect the health, safety, and welfare of the public. At such hearing, all of the licensee’s letters of concern may be deemed no longer confidential and may be admitted into evidence.
24 Del. C. § 5119 — Delaware Code / Title 24 / Chapter 51 / Subchapter I / Section 5119
§ Â
        5119. Licensing and requirements of a school.
Status: in_force

(a) Each school of barbering, cosmetology, electrology or nail technology shall be licensed pursuant to this chapter and shall comply with the requirements of the Delaware Department of Education. Each school shall employ at least 1 instructor for the first 25 students enrolled, and 1 additional instructor for each additional 25 students enrolled. Each school shall possess apparatus and equipment sufficient for the proper and full teaching of all subjects of its curriculum; shall keep a daily record of the attendance of each student; maintain regular class and instruction hours; establish grades and hold examinations before issuance of diplomas. Each school shall require training for a complete course comprising all, or the majority, of the practices regulated under this chapter, as provided in this chapter, together with the minimum number of hours therein prescribed, and shall include practical demonstrations and theoretical studies, and study in sanitation, sterilization, other safety measures, and the use of antiseptics, cosmetics and electrical appliances, consistent with the practical and theoretical requirements as applicable to any practice for which a license is required under this chapter, as provided in this chapter.

(b) An instructor shall decide when a student of any of the practices for which a license or certification is required under this chapter, is sufficiently competent to perform those services for the public.

(c) Each school for a profession regulated by this chapter shall display, in a conspicuous place within the clinic area of the school, a sign which shall read as follows:

“ALL SERVICES IN THIS SCHOOL PERFORMED BY STUDENTS WHO ARE IN TRAINING.”

(d) Each school licensed under this chapter shall afford to its students the full course of instruction required under this chapter, in default of which a proportionate amount of the tuition paid by the student shall be refunded.

(e) Each school licensed under this chapter, but not yet accredited pursuant to subsection (h) of this section, shall maintain the following records for each student:

(1) Daily attendance records;

(2) Scholastic records; and

(3) Financial records.

A school shall submit to the Board a notarized quarterly report on a form approved by the Board. The report shall be submitted by the following dates: April 15, July 15, October 15 and January 15 — and shall include the names and license numbers of the teachers employed and be personally signed by the owner and supervisor of the school. The school may charge the student a fee that covers the reasonable cost of making copies of the records. A school shall retain records of student attendance and scholastic records for a minimum of 5 years. A school that discontinues operation shall comply with Delaware Department of Education requirements with respect to the disposition of student records.

(f) A school that enrolls a transfer student from another cosmetology school shall obtain for that student:

(1) A notarized transcript from the original school listing the hours earned by the student in the required curriculum areas; and

(2) Verification from the appropriate licensing authority that the original school is licensed in that state, in the case of a student transferring from an out-of-state school to a school in Delaware.

(g) Failure to comply with any of the requirements applicable to a school constitutes grounds for immediate revocation of the school’s license.

(h) Within 1 year after being licensed by the Board, a school shall submit to the Board proof that it has applied for accreditation with a nationally recognized accrediting agency approved by the Board. Within 3 years after being licensed by the Board, a school shall submit to the Board proof that it is accredited by a nationally recognized accrediting agency. A school that has been continually licensed and in good standing for more than 5 years prior to June 26, 2010, is exempted from this requirement. A school that has been continually licensed in good standing by the Board for less than 5 years prior to June 26, 2010, shall submit proof of accreditation by a nationally recognized accrediting agency before 5 years after June 26, 2010.
24 Del. C. § 1202 — Delaware Code / Title 24 / Chapter 12 / Subchapter I / Section 1202
§ Â
        1202. License requirement [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

No person may operate a security alarm business without having obtained a license from the Professional Licensing Section pursuant to the requirements of this chapter. An occupational license issued by the Delaware Division of Revenue, pursuant § 2301 of Title 30 does not grant a security alarm business the right to operate within this State without obtaining a license under this chapter.
24 Del. C. § 5222 — Delaware Code / Title 24 / Chapter 52 / Subchapter III / Section 5222
§ Â
        5222. Penalty.
Status: in_force

A person, not currently licensed as a nursing home administrator under this chapter, when guilty of engaging in the practice of nursing home administration, or using in connection with that person’s own name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the person is qualified to practice nursing home administration, such offender shall be guilty of a misdemeanor. Upon the first offense, that person shall be fined not less than $500 or more than $1,000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 or more than $2,000 for each offense. Justice of the Peace Courts shall have jurisdiction over all violations of this chapter.
24 Del. C. § 1761A — Delaware Code / Title 24 / Chapter 17 / Subchapter V / Section 1761A
§ Â
        1761A. Appointment of a custodian of patient records.
Status: in_force

(a) If the Board receives a formal or informal complaint concerning access to patient records as a result of a physician’s physical or mental incapacity, or abandonment or involuntary discontinuation of a medical-practice business in this State, the Board may temporarily or permanently appoint a person or entity as custodian of the physician’s patient records, in accordance with the procedures set forth in § 1732 of this title.

(b) The custodian of patient records appointed under this section shall notify the physician’s patients of record to that effect by publishing notice in a newspaper of daily circulation in the area where the physician practiced. The notice must be published at least 1 time per month over a 3-month period after the appointment of the custodian and must explain how a patient can procure that patient’s records. All patients who have not requested their records 30 days after such publication must be notified by first-class mail by the custodian to permit the patients to procure their records. Any patient records that have not been procured within 7 years after the appointment of the custodian may be permanently disposed of in a manner that ensures confidentiality of the records.

(c) A custodian of patient records appointed under this section who disposes of patient records in accordance with the provisions of this section is not liable for any direct or indirect loss suffered as a result of the disposal of a patient’s records.

(d) The Board shall establish a registry of physicians and healthcare entities who are willing to serve as records custodians.
24 Del. C. § 5415 — Delaware Code / Title 24 / Chapter 54 / Section 5415
§ Â
        5415. Civil remedy.
Status: in_force

(a) An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution meets one or more of the following:

(1) Is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports.

(2) Suffers financial damage.

(b) A plaintiff that prevails in an action under this section may recover damages, costs, and reasonable attorneys’ fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the agent by or on behalf of the athlete.

(c) A violation of this chapter is an unfair or deceptive merchandising practice for purposes of subchapter II of Chapter 25 of Title 6.
24 Del. C. § 1302 — Delaware Code / Title 24 / Chapter 13 / Section 1302
§ Â
        1302. Definitions.
Status: in_force

As used in this chapter, unless the context requires a different definition:

(1) “Armed” shall mean any private security guard or armored car guard who carries or has immediate access to a firearm in the performance of that private security guard’s or armored security guard’s duties.

(2) “Armored car agency” shall mean any person that provides armed secured transportation and protection from 1 place or point to another place or point of money, currency, coins, bullion, securities, bonds, jewelry, negotiables or other valuables in a specially-equipped motor vehicle.

(3) “Armored car guard” shall mean an individual employed by an armored car agency to perform duties as described under the definition of armored car agency.

(4) “Board” shall mean the Delaware Board of Examiners of Private Investigators and Private Security Agencies.

(5) “Commissioned security guard” shall mean an individual employed to:

a. Safeguard and protect persons or property; or

b. Deter theft, loss or concealment of any tangible or intangible personal property on the premises the commissioned security guard is contracted to protect; and

c. Who carries or has access to a firearm in the performance of duties as provided under authority of the Board.

(6) “Compliance agent” shall mean any individual employed by a private security agency, private investigative agency, or armored car agency within the State of Delaware who serves within a management capacity within the State, and who ensures compliance of the business with the requirements of this chapter.

(7) “Computer forensic specialist” shall mean an individual who interprets, evaluates, tests, or analyzes preexisting data from computers, computer systems, networks, or other electronic media, provided to them by another where that person owns, controls, or possesses said computer, computer systems, networks or electronic media through the use of highly specialized expertise in recovery, authentication and analysis of electronic data or computer usage. A computer forensic specialist shall not be classified or within the definition of a private investigator.

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

(9) “Director” shall mean the officer in charge of the Professional Licensing Section of the Division of the Delaware State Police.

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

(11) “Event security staff” shall mean any individual employed by a private security agency to primarily perform crowd management, patron screening and event security at sports or entertainment venues with a minimum spectator capacity of 5,000 people.

(12) “Firearm” means as defined in § 222 of Title 11.

(13) “License” shall mean a method of regulation whereby businesses, sole proprietors, partnerships for a private security agency, private investigative agency, or armored car agency are required to be licensed by the Board.

(14) “Manager” shall mean in the case of a corporation, an officer or supervisor, or in the case of a partnership, a general or unlimited partner meeting the experience qualifications set forth in this chapter for a private security agency, private investigative agency or armored car agency.

(15) “Officer” shall mean the president, vice president, secretary, treasurer, comptroller, partner, owner or any other corporate title.

(16) “Person” shall mean an individual (sole proprietorship), firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity.

(17) “Private investigative agency” means any person who engages in the business or accepts employment to obtain or furnish information or to conduct investigations with reference to:

a. Crime or civil wrongs;

b. The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person;

c. The location, disposition or recovery of lost or stolen property;

d. The cause or responsibility for fires, libels, losses, accidents, damages or injuries to persons or to property;

e. The securing of evidence to be used before any court, board, officer, or investigating committee.

(18) “Private investigator” shall mean an individual employed by a private investigative agency (even as a sole proprietor) to perform 1 or more duties as described under the definition of “private investigative agency.”

(19) “Private security agency” shall mean any person engaging in the business of or undertaking to provide a private watchperson, guard or street patrol service on a contractual basis for another person and performing any 1 or more of the following or similar functions:

a. Prevention of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property;

b. Prevention, observation or detection of any unauthorized activity on private property;

c. Control, regulation or direction of the flow or movements of the public, whether by vehicle or otherwise, only to extent and for the time directly and specifically required to assure the protection of property; or

d. Supervises event security staff.

(20) “Private security guard” shall mean an individual employed by a private security agency to perform one or more duties as described under the definition of a private security agency.

(21) “Projectile weapon” means as defined in § 222 of Title 11.

(22) “Proprietary security” shall mean the in-house security department of any person, if the security department has as its general purpose the protection and security of its own property and grounds, and if it does not offer or provide security services to any other person.

(23) “Registration” shall mean a method of regulation whereby an individual employed by a private security agency, private investigative agency, or armored car agency as a security guard, private investigator or armored car guard is licensed and issued an identification card by the Professional Licensing Section.

(24) “Section” shall mean the Professional Licensing Section of the Delaware State Police.

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

(26) “Superintendent” shall mean the Superintendent of the Division of the Delaware State Police or the appointed designee.
24 Del. C. § 316 — Delaware Code / Title 24 / Chapter 3 / Section 316
§ Â
        316. Board hearings; procedure.
Status: in_force

(a) Upon the receipt of a formal complaint from the Attorney General’s office, the Board shall fix the time and place of a full hearing of the matter, and it shall be scheduled to be heard as soon as practicable. The Board shall cause a copy of the complaint, together with a notice of the time and place fixed for the hearing, to be personally delivered or served upon the architect at least 20 days before the date fixed for the hearing. In cases where the architect cannot be located or where personal services cannot be effected, substitute service shall be effected in the same manner as with civil litigation.

(b) All hearings shall be informal without use of the rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board’s decision shall be in writing and shall include its reason for such decision. A copy of the decision shall be mailed by registered mail immediately to the complainant, and to the architect. The Board’s decision shall become effective on the thirtieth day after the day it is received by the architect, unless there is an appeal to the Superior Court within that time.

(c) Where either the complainant or the architect is in disagreement with the action of the Board, either person may appeal the Board’s decision to the Superior Court within 30 days of the receipt of the Board’s decision. Upon such appeal, the Court shall hear the evidence “de novo.” The filing of an appeal shall act as a stay of the Board’s decision, pending final determination of the appeal.
24 Del. C. § 3033 — Delaware Code / Title 24 / Chapter 30 / Subchapter II / Section 3033
§ Â
        3033. Qualifications of applicant for licensed associate counselor of mental health.
Status: in_force

(a) An applicant who is applying for licensure as an associate counselor of mental health under this chapter shall complete an application form, submit the required fee, and furnish evidence, verified by oath and satisfactory to the Board, that such person has met all the requirements established in this subchapter for licensed professional counselors of mental health, except the requirements dealing with required experience.

(b) A plan for professional direct supervision of the associate counselor of mental health shall be submitted to and approved by the Board prior to the applicant’s acquiring the professional mental health counseling experience necessary for licensure as a professional counselor of mental health.

(c) The associate counselor of mental health license shall be effective for a period of 2 years. The license may be renewed up to 2 times.

(d) A LACMH may submit an application for LPCMH upon fulfillment of the experience requirements of this subchapter.
24 Del. C. § 702 — Delaware Code / Title 24 / Chapter 7 / Section 702
§ Â
        702. Composition; terms; suspension or removal; qualifications; vacancies; compensation.
Status: in_force

(a) There is created a State Board of Chiropractic, which shall administer and enforce this chapter, and which shall consist of 7 members appointed by the Governor, who are residents of this State; 4 of whom shall be licensed to practice chiropractic in this State; and 3 public members. A public member shall not be nor ever have been a chiropractor, nor a member of the immediate family of a chiropractor; shall not have been employed by a chiropractor; shall not have had a material financial interest in the providing of goods and services to chiropractors; nor have been engaged in an activity directly related to chiropractic. Such public member shall be accessible to inquiries, comments and suggestions from the general public.

(b) Except as provided in subsection (c) of this section, each member shall serve for a term of 3 years, and may succeed himself or herself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Persons who are members of the Board on July 17, 1996, shall complete their terms of office.

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

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

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

(f) No member of the Board of Chiropractic, while serving on the Board, shall be an officer of a local or state professional chiropractic association or have a financial interest in any chiropractic college or school.

(g) Vacancies occurring on the Board by reason of the death of any member or the member’s incapacity, neglect or refusal to act or by removal or in any other way, including those specified in this chapter shall be filled by the Governor.

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

(i) The provisions set forth for “employees” in Chapter 58 of Title 29 shall apply to all members of the Board and to all agents appointed or otherwise employed by the Board.
24 Del. C. § 2011A — Delaware Code / Title 24 / Chapter 20A / Section 2011A
§ Â
        2011A. Rulemaking.
Status: in_force

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

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

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

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

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

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

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

(f) The notice of proposed rulemaking shall include:

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

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

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

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

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

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

(1) At least 25 persons;

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

(3) An association or organization having at least 25 members.

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

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

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

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

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

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

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

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

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

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

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

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

(4) Protect public health and safety.

(n) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
24 Del. C. § 3011 — Delaware Code / Title 24 / Chapter 30 / Subchapter I / Section 3011
§ Â
        3011. Disciplinary sanctions.
Status: in_force

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that a condition or violation for discipline of a licensee regulated by this chapter has been established under § 3009 of this title:

(1) Issue a letter of reprimand.

(2) Censure a licensee.

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

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

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

(4) Suspend a licensee’s license.

(5) Revoke a licensee’s license.

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

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

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

(d) The Board shall permanently revoke the license of any person who the Board determines has violated § 3009(a)(8) of this title.
24 Del. C. § 1178 — Delaware Code / Title 24 / Chapter 11 / Subchapter IV / Section 1178
§ Â
        1178. Practice without registration or certificate; separate offenses; penalty.
Status: in_force

Whoever practices or attempts to practice dentistry or dental hygiene within this State without having been licensed to practice dentistry or dental hygiene or during the period of suspension or revocation of such license previously granted shall be fined not less than $500 nor more than $1,000, or imprisoned not less than 1 month nor more than 1 year, or both, and, upon a second or any subsequent offense, shall be fined not less than $1,000 nor more than $5,000 and imprisoned not less than 6 months nor more than 1 year.

Each act of practice or attempt to practice dentistry or dental hygiene in violation of this section shall be a separate offense.
24 Del. C. § 1799LL — Delaware Code / Title 24 / Chapter 17 / Subchapter XIII / Section 1799LL
§ Â
        1799LL. Treatment or examination of minors.
Status: in_force

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

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

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

(d) The person licensed under this chapter that provides outpatient treatment to a minor pursuant to this section shall, contemporaneously with such treatment, note in the child’s medical record the name of each person present when such treatment is being provided.
24 Del. C. § 5315 — Delaware Code / Title 24 / Chapter 53 / Subchapter II / Section 5315
§ Â
        5315. Disciplinary sanctions.
Status: in_force

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that any of the conditions or violations set forth in § 5313 of this title applies to a practitioner regulated by this chapter.

(1) Issue a letter of reprimand;

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

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

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

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

(3) Suspend any practitioner’s license or certification;

(4) Revoke a practitioner’s license or certification;

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

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

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

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

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

(f) The Board shall permanently revoke the license or certificate of a person licensed as a massage and bodywork therapist or certified as a massage technician who is convicted of a felony sexual offense.
24 Del. C. § 1713 — Delaware Code / Title 24 / Chapter 17 / Subchapter II / Section 1713
§ Â
        1713. Powers and duties of the Board.
Status: in_force

(a) The Board has the following powers and duties, in addition to other powers and duties set forth elsewhere in this chapter:

(1) To investigate, through the Executive Director, the character of each applicant for a certificate to practice medicine, or for a certificate, license, or other authorizing document to practice any other profession or occupation regulated by this chapter, to determine if the applicant has previously engaged in unprofessional conduct pursuant to § 1731(b) of this title, and to investigate the physical and mental capability of physicians to engage in the practice of medicine, or of members of other professions or occupations regulated by this chapter to engage in the practice of their professions or occupations, with reasonable skill and safety to patients pursuant to § 1731(c) of this title;

(2) To conduct or approve of professional or occupational examinations as it deems necessary and proper to determine the professional or occupational qualifications of each person who applies for a certificate to practice medicine in this State, or who applies for a certificate, license, or other authorizing document to practice any other profession or occupation regulated under this chapter;

(3) To investigate, through the Executive Director, complaints or charges of unprofessional conduct against the holder of a certificate to practice medicine, or such complaints or charges against the holder of any certificate, license, or other authorizing document issued under this chapter;

(4) To investigate, through the Executive Director, complaints and charges of the inability of a person to practice medicine, or to practice any other profession or occupation regulated under this chapter, with reasonable skill or safety to patients due to the person’s physical, mental, or emotional illness or incompetence, including but not limited to deterioration through the aging process, or loss of motor skill, or excessive use or abuse of drugs, including alcohol;

(5) To investigate, through the Executive Director, complaints of the unauthorized practice of medicine or the unauthorized practice of any other profession or occupation regulated under this chapter;

(6) To levy fines not to exceed $50,000, and to grant, deny, restrict, revoke, suspend, reinstate, or reissue a certificate to practice medicine or a certificate, license, or other authorizing document to practice any profession or occupation regulated under this chapter;

(7) To issue subpoenas, compel the attendance of witnesses, and administer oaths;

(8) To require the production of and receive information regarding changes in hospital privileges as a result of disciplinary or other adverse action taken by a hospital, or regarding disciplinary or other adverse action taken by a medical society against any person certified under this chapter to practice medicine;

(9) To reprimand, censure, take other appropriate disciplinary action, or restrict professional or occupational activities with respect to any person certified to practice medicine in this State or any other person certified, licensed, or otherwise authorized to practice a profession or occupation regulated under this chapter;

(10) To take depositions or cause depositions to be taken, as needed in any investigation, hearing, or proceeding;

(11) To hold hearings;

(12) To promulgate rules and regulations not inconsistent with or beyond the scope of this chapter or other laws of this State for carrying out the powers and duties required by this chapter;

(13) By resolution passed by a majority of the members of the Board, to designate 1 or more committees, with each committee to include 1 or more of the members of the Board and such other person or persons as may be appropriate; provided, however, that a committee may not levy a fine, or grant or refuse to grant, restrict, revoke, suspend, reinstate, or reissue a certificate to practice medicine or a certificate, license, or other authorizing document to practice another profession or occupation issued under this chapter;

(14) To designate records of the Board confidential and exempt from public disclosure, in accordance with § 10002 of Title 29;

(15) To designate 3 members of the Board, through the Executive Director, to act as a hearing panel for the purpose of hearing charges of unprofessional conduct as set forth in § 1731(b) of this title or charges of the inability to practice medicine as set forth in § 1731(c) of this title, or for the purpose of making determinations of fact in connection with the temporary suspension of a certificate to practice medicine pursuant to § 1738 of this title, or for necessary purposes relating to disciplinary or other action against the holder of a certificate, license, or other authorizing document issued under this chapter;

(16) To designate, through the Executive Director, any person qualified by relevant experience as an examiner for the purpose of hearing any alleged charges of the inability to practice medicine as set forth in § 1731(c) of this title, or for the purpose of making determinations of fact in connection with the temporary suspension of a certificate to practice medicine pursuant to § 1738 of this title, or for necessary purposes relating to disciplinary or other action against the holder of a certificate, license, or other authorizing document issued under this chapter;

(17) To perform duties regarding emergency medical services systems and paramedic services set forth in Chapters 97 and 98 of Title 16;

(18) To utilize licensed medical professionals who are not Board members as co-investigators when a complaint’s allegations implicate unique subject matters. The co-investigator who is not a Board member must possess particular expertise in the unique subject matter that is at issue when a co-investigator is needed under this paragraph.

(b) A member of the Board or a member of any committee designated by the Board pursuant to paragraph (a)(13) of this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, arising from any act or omission under the authority of this chapter so long as the member acted in good faith and without gross or wanton negligence, with good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.

(c) A member of the Board may not discriminate, by reason of gender, race, color, creed, religion, age, disability, national origin, housing status, or any other basis protected under Chapter 45 of Title 6, against a person holding or applying for a certificate to practice medicine, or for an authorizing document to practice another occupation or profession pursuant to this chapter.

(d) Continuing education. — (1) The Board shall provide by rule or regulation for continuing education for persons certified to practice medicine or other professions or occupations pursuant to this chapter.

(2) For professionals who are renewing their license in 2027, the Board must require, for that renewal only, that the professional have completed at least 2 hours of the total required during that reporting period of continuing education dedicated to the diagnosis, treatment, or care of patients with Alzheimer’s disease or other dementias.

(3) For professionals renewing their license after 2027, the Board must require that the professional have completed at least 2 hours of the total required during that reporting period of continuing education dedicated to the diagnosis, treatment, or care of patients with Alzheimer’s disease or other dementias.

(4) A professional is exempt from the requirement of paragraph (d)(3) of this section if the professional previously completed in a prior reporting period the continuing education required by this section. The professional must provide a sworn statement or attestation in a form determined by the Division of Professional Regulation that this continuing education was previously completed in a prior reporting period.

(5) A professional is exempt from the requirement of paragraph (d)(2) or (d)(3) of this section if the professional does not provide health-care services to or have direct patient interactions with adults age 26 or older. The professional must provide a sworn statement or attestation in a form determined by the Division of Professional Regulation that the professional is exempt under this paragraph from the continuing education required by paragraph (d)(2) or (d)(3) of this section.

(6) A professional is exempt from the requirement of paragraph (d)(2) or (d)(3) of this section if the professional does not provide health-care services to anyone within the State. The professional must provide a sworn statement or attestation in a form determined by the Division of Professional Regulation that the professional is exempt under this paragraph from the continuing education required by paragraph (d)(2) or (d)(3) of this section.

(7) Any training on Alzheimer’s disease or other dementias previously applied to meet this requirement or any other Delaware state licensure or education requirement, professional accreditation or certification requirement, or health-care institutional practice agreement may count toward the continuing education requirement under paragraph (d)(3) of this section.

(e) The Board shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of medicine, the work of a physician assistant, the practice of respiratory care, the practice of acupuncture, the work of a genetic counselor, the practice of polysomnography, or midwifery.

(f) The Board shall promulgate rules and regulations establishing guidelines for the imposition of disciplinary sanctions against persons certified or licensed to practice medicine or other professions or occupations regulated by this chapter.
24 Del. C. § 1131 — Delaware Code / Title 24 / Chapter 11 / Subchapter II / Section 1131
§ Â
        1131. Duty to self-report.
Status: in_force

(a) A licensee shall self-report to the Board:

(1) Any arrest or the bringing of an indictment or information charging the licensee with a crime substantially related to the practice of dentistry and dental hygiene as defined in the Board’s rules and regulations.

(2) The conviction of the licensee, including any verdict of guilty or plea of guilty or no contest, of any crime substantially related to the practice of dentistry and dental hygiene as defined by the Board in its rules and regulations.

(b) The report required by this section shall be made in writing within 30 days of the date of the arrest, bringing of the indictment or information or of the conviction.

(c) Failure to make a report required by this section constitutes grounds for discipline under § 1128 of this title.
24 Del. C. § 2912 — Delaware Code / Title 24 / Chapter 29 / Subchapter I / Section 2912
§ Â
        2912. Grounds for discipline.
Status: in_force

(a) A licensee shall be subject to disciplinary sanctions set forth in § 2914 of this title if after a hearing, the Commission finds that the licensee:

(1) Has made any substantial misrepresentation; or

(2) Has made any false promise of a character likely to influence, persuade or induce; or

(3) Has pursued a continued and flagrant course of misrepresentation or the making of false promises through licensees or advertising or otherwise; or

(4) Has failed, within a reasonable time, to account for or to remit any money coming into the licensee’s possession which belongs to others; or

(5) Has illegally practiced real estate services; or

(6) Has incompetently or negligently practiced real estate services in such manner as to not safeguard the interest of the public; or

(7) Has paid a commission or valuable consideration to any person for acts or services performed in violation of this chapter; or

(8) Has assisted a person in providing real estate services who does not hold a license to provide real estate services in this State.

(9) Has violated a provision of this chapter, any of the rules and regulations established thereunder, or any order of the Commission; or

(10) Has received or made an arrangement or agreement to receive, directly or indirectly, any form of valuable consideration for products or services relating to a real estate services transaction without prior written disclosure by the licensee to the customer or client of the licensee and the payor for the product or service; or

(11) Has misrepresented the availability of or the content of any statutorily required form such as the seller’s disclosure of real property condition report form and/or the radon disclosure as provided in Chapter 25 of Title 6; or

(12) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license or renew a license as a real estate service provider; has impersonated another individual holding a license, or has allowed another individual to use that licensee’s license, or has aided or abetted an individual not licensed as a real estate service provider to represent himself or herself as a real estate service provider; or

(13) Has been convicted of a crime that is substantially related to the practice of real estate services. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefore; or

(14) Has had a license as a real estate service provider suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Commission by certified record and the Commission has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every individual licensed as a real estate service provider in this State shall be deemed to have given consent to the release of this information by the Commission or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses; or

(15) Has failed to notify the Commission that the licensee’s license as a real estate service provider in another jurisdiction has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof.

(b) Any unlawful act or violation of this chapter by any real estate service provider, employee, partner, or associate of a licensed broker shall not be cause for the revocation of a license of any broker, unless it appears to the satisfaction of the Commission that such broker had knowledge thereof.

(c) The Commission may suspend or revoke any license issued under this chapter at any time where the licensee has been convicted in a court of competent jurisdiction of the crime of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud or any similar offense or has had entered a plea of guilty or nolo contendere to any similar offense.

(d) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Commission, and no licensee’s right to practice real estate services shall be limited by the Commission until such licensee has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(e) A licensee acting or providing service under an exemption as defined in § 2901 of this title and through the course of delivery of the exempted service is, after a hearing, found to be guilty of paragraphs (a)(1) through (11) of this section shall be subject to discipline pursuant to § 2914 of this title.
24 Del. C. § 502 — Delaware Code / Title 24 / Chapter 5 / Subchapter I / Section 502
§ Â
        502. Definitions.
Status: in_force

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

(1) “Board” shall mean the State Board of Podiatry established in this chapter.

(2) “Diagnosis” shall mean the ascertainment of a disease or ailment by its general symptoms.

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

(4) “Electrical treatment” shall mean the administration of electricity to the foot and ankle by means of electrodes, machinery, rays and the like.

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

(6) “Excessive use or abuse of drugs” shall mean any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed physician or the abuse of alcoholic beverages such that it impairs a person’s ability to perform the work of a podiatrist.

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

(8) “Manipulative treatment” shall mean the use of the hand or machinery in the operation of or working upon the foot and its articulations.

(9) “Mechanical treatment” shall mean the application of any mechanical appliance made of steel, leather, felt or any material to the foot or the shoe for the purpose of treating any disease, deformity or ailment.

(10) “Medical treatment” shall mean the application to or prescription for the foot and ankle of medicine, pads, adhesives, felt, plasters or any medicinal agency.

(11) “Podiatrist” shall mean a person who is qualified to practice podiatry and is licensed under this chapter.

(12) “Practice of podiatry” shall mean the diagnosis and the medical, surgical, mechanical, manipulative and electrical treatment of all ailments of the foot and ankle. As appropriate in regulation, these services may be performed with the use of telemedicine. Podiatry may also include participation in telehealth, as further defined in regulation. Amputation of the foot shall be restricted to state-licensed podiatrists who have completed an American Podiatric Medical Association accredited surgical residency program acceptable to the Board and have current amputation privileges, or have fulfilled the credentialing criteria of the surgical committee of the Joint Committee on Accreditation of Hospitals accredited hospital where the amputation is to be performed.

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

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

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

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

(17) “Surgical treatment” shall mean the use of any cutting instrument to treat a disease, ailment or condition.
24 Del. C. § 3316 — Delaware Code / Title 24 / Chapter 33 / Subchapter II / Section 3316
§ Â
        3316. Grounds for discipline; procedure.
Status: in_force

(a) A veterinarian licensed under this subchapter shall be subject to disciplinary sanctions set forth in § 3317 of this title, if, after a hearing, the Board finds that the veterinarian has:

(1) Been found guilty of unprofessional conduct as defined in the Board’s rules and regulations;

(2) Employed or knowingly cooperated in fraud or material deception in order to acquire a license as a veterinarian; has impersonated another person holding a license, or allowed another person to use that practitioner’s license, or aided or abetted a person not licensed as a veterinarian to represent himself or herself as a veterinarian;

(3) Illegally, incompetently or negligently practiced veterinary medicine;

(4) Been convicted of any crime that is substantially related to the practice veterinary medicine or any offense that would limit the ability of the licensee to carry out the licensee’s professional duties with due regard for the health and safety of animals. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor;

(5) Excessively used or abused drugs; excessive use or abuse of drugs shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs the licensee’s ability to perform the work of a veterinarian;

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

(7) Wilfully violated any privileged communication;

(8) Been fraudulent or dishonest in the application or reporting of any test for disease in animals;

(9) Failed to keep that applicant’s veterinary premises and equipment in clean and sanitary condition;

(10) Failed to report, as required by law, or has made a false report of any contagious or infectious disease;

(11) Been dishonest or negligent in the inspection of foodstuffs, or in the issuance of health or inspection certificates;

(12) Been cruel to animals;

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

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

(15) Failed to notify the Board that the applicant’s license as a veterinarian in another State has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof.

(b) Subject to the provisions of this chapter and subchapter IV, Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no licensee’s right to practice veterinary medicine shall be limited by the Board until such licensee has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].
24 Del. C. § 1723 — Delaware Code / Title 24 / Chapter 17 / Subchapter III / Section 1723
§ Â
        1723. Issuance of certificate to practice; registration and registration renewal; reactivating inactive status.
Status: in_force

(a) The Board shall issue a certificate to practice medicine in this State and register the certificate for an applicant who meets the requirements of this chapter.

(b) The Division shall keep a current register of all persons certified to practice medicine in this State. Each such person shall inform the Division of any change of current address and telephone number within 15 days of the change.

(c) The registration of a certificate to practice medicine must be renewed biennially, through a procedure determined by the Division. The procedure must include payment of an appropriate registration renewal fee; submission of a renewal form provided by the Division; submission of the materials required by § 1720(b)(4), (b)(5), and (g), of this title unless waived pursuant to § 1720(e) of this title; proof that the certified person has met the continuing medical education requirements established by the Board; and the period of time within which a person certified to practice medicine in this State may renew the certified person’s registration without penalty, notwithstanding the fact that the person failed to renew the person’s registration on or before the renewal date; and the penalty for failure to renew registration in a timely manner. The procedure must also include evidence of completion of training on the recognition of child sexual and physical abuse, exploitation and domestic violence, and the reporting obligations under the Medical Practice Act and § 903 of Title 16, and any successors thereto, and any other mandatory reporting obligations required by the Board. Such trainings shall be coordinated under §§ 911 and 931(b)(4) of Title 16 to ensure consistent trainings across disciplines.

(d) The Board may establish, by class and not by individual, requirements for continuing education or reexamination, or both, for a person issued a certificate to practice medicine, or issued any authorized document to practice another profession or occupation regulated under this chapter, who is on inactive status and wishes to reactivate that person’s status.

(e) The Division shall review the criminal history of all individuals licensed to practice medicine on a periodic basis, at a minimum, once every 6 months.
24 Del. C. § 3115 — Delaware Code / Title 24 / Chapter 31 / Subchapter II / Section 3115
§ Â
        3115. Hearing procedures.
Status: in_force

(a) If a complaint which alleges a violation of § 3112 of this title is filed with the Board pursuant to § 8735 of Title 29, 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 and 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. § 1911A — Delaware Code / Title 24 / Chapter 19A / Section 1911A
§ Â
        1911A. Effective date, withdrawal, and amendment.
Status: in_force

(a) This Compact shall become effective and binding on the earlier of the date of legislative enactment of this Compact into law by no less than 26 states or December 31, 2018. All party states to this Compact, that also were parties to the prior Nurse Licensure Compact, superseded by this Compact, (“prior compact”), are deemed to have withdrawn from said prior compact within 6 months after the effective date of this Compact.

(b) Each party state to this Compact shall continue to recognize a nurse’s multistate licensure privilege to practice in that party state issued under the prior compact until such party state has withdrawn from the prior compact.

(c) Any party state may withdraw from this Compact by enacting a statute repealing the same. A party state’s withdrawal shall not take effect until 6 months after enactment of the repealing statute.

(d) A party state’s withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state’s licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.

(e) Nothing contained in this Compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this Compact.

(f) This Compact may be amended by the party states. No amendment to this Compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.

(g) Representatives of nonparty states to this Compact shall be invited to participate in the activities of the Commission, on a nonvoting basis, prior to the adoption of this Compact by all states.
24 Del. C. § 4016 — Delaware Code / Title 24 / Chapter 40 / Subchapter II / Section 4016
§ Â
        4016. Disciplinary sanctions.
Status: in_force

(a) The Council may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 4014 of this title applies to a practitioner regulated by this chapter:

(1) Issue a letter of reprimand.

(2) Censure a practitioner.

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

a. Report regularly to the Council on the matters, which are the basis of the probation.

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

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

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

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

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

(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license.
24 Del. C. § 212 — Delaware Code / Title 24 / Chapter 2 / Section 212
§ Â
        212. Practice by corporations and partnerships.
Status: in_force

(a) The privilege of engaging in the practice of landscape architecture is personal, based upon the qualifications of the individual evidenced by registration and is not transferable. All final drawings, specifications, plans, reports or other papers or documents involving the practice of landscape architecture, as defined within this chapter, when issued or filed for public record, shall be dated and bear the signature and seal of the landscape architect or landscape architects who prepared or approved same.

(b) Nothing in subsection (a) of this section shall be construed as preventing the formation of business entities, provided that such entities are authorized under Delaware law or the laws of another state, as a vehicle for the practice of or offer to practice landscape architecture for others by individual landscape architects licensed under this chapter through a business entity, or the offering or rendering of landscape architectural services by a business entity through landscape architects licensed under this chapter, provided that:

(1) One or more of the officers, partners, members, managers, or principals is designated as being responsible for any services in the practice of landscape architecture on behalf of their business entity and is a licensed landscape architect under this chapter;

(2) All personnel of said business entity, who act in its behalf as landscape architects in this State or for clients located in this State are licensed under this chapter; and

(3) Said business entity has been issued a certificate of authorization by the Board as herein provided.

(c) A business entity desiring a certificate of authorization shall file with the Board an application, on forms provided by the Board, listing relevant information, including the names and addresses of officers, partners, members, managers or principals of the business entity and also of the individual or individuals duly licensed to practice landscape architecture in this State who shall be in responsible charge of the practice of landscape architecture in compliance with paragraph (b)(1) of this section and any other information required by the Board, accompanied by the appropriate fee. A certificate of authorization 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. In the event there should be a change in the information provided on the application for a certificate of authorization, notification of such change shall be provided to the Board in writing within 30 days of the effective date of such change.

(d) No such business entity shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, partners, members or principals by reason of its compliance with this section, nor shall any individual be relieved of responsibility for landscape architectural services performed by reason of employment or relationship with such business entity. All business entities and landscape architects practicing through such entities shall be bound by professional standards no less stringent than those stated in § 608 of Title 8.

(e) The Board may revoke, suspend or cancel a certificate of authorization, if after a hearing, the Board determines that any officer, partner, member, manager, principal, or employee has violated any lawful provision of this chapter, or any lawful regulation established thereunder.
24 Del. C. § 1736 — Delaware Code / Title 24 / Chapter 17 / Subchapter IV / Section 1736
§ Â
        1736. Appeal procedures.
Status: in_force

(a) A person against whom a decision of the Board has been rendered may appeal the decision to the Superior Court in the county in which the offense occurred.

(b) An appeal pursuant to this section must be filed within 30 days after the day the written decision and order of the Board is issued.

(c) An appeal pursuant to this section is on the record of the Board hearing, without a trial de novo.

(d) A Board action revoking, suspending, or otherwise restricting a person’s certificate to practice medicine is not stayed upon appeal unless so ordered by the Superior Court.

(e) A person whose certificate to practice medicine has been suspended or otherwise restricted may, after the expiration of 90 days from the decision of the Superior Court, or of the Supreme Court if the decision of the Superior Court is appealed, or after 90 days from the decision and order of the Board if no appeal is taken, apply to the Board to have the certificate reinstated or reissued for good cause shown.
24 Del. C. § 5302 — Delaware Code / Title 24 / Chapter 53 / Subchapter I / Section 5302
§ Â
        5302. Definitions.
Status: in_force

For purposes of this chapter:

(1) “Board” shall mean the State Board of Massage and Bodywork established in this chapter.

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

(3) “Massage and bodywork therapist” shall mean a person who represents oneself to the public by any title or description of services incorporating the words “bodywork,” “massage,” “massage therapist,” “massage therapy,” “massage practitioner,” “massagist,” “masseur,” “masseuse,” or who engages in the practice of massage and bodywork for a fee, monetary or otherwise.

(4) a. “Massage establishment” means any place of business, including an office, clinic, facility, salon, or spa, where a person engages in the practice of massage and bodywork by doing any of the following:

1. Offering the practice of massage and bodywork and the practice of massage and bodywork is conducted on the premises of the business.

2. Representing itself to the public by any title or description of services incorporating the words “bodywork,” “massage,” “massage therapy,” “massage practitioner,” “massagist,” “masseur,” “masseuse,” or other words identified by the Board in regulation.

b. “Massage establishment” does not include any of the following:

1. The residence of a therapist or an out call location which is not owned, rented, or leased by a massage therapist or massage establishment unless the location is advertised as the therapist’s or establishment’s place of business.

2. Any “facility” as defined in § 1131(4) of Title 16, any “hospital” as defined in § 1001 of Title 16, physician offices, physical therapy facilities, chiropractic offices, or athletic training facilities, whether or not they employ, contract with, or rent to massage therapists.

3. Institutions of secondary or higher education when massage therapy is practiced in connection with employment related to athletic teams.

(5) “Massage technician” shall mean a person, who is certified with the Board to perform certain functions within the practice of massage therapy, and who is authorized by the Board to use any title or description of services incorporating the words “bodywork,” “massage,” “massage practitioner,” “massagist,” “masseur,” “masseuse,” or “certified massage technician” but shall be prohibited from using the words “therapist” or “therapy.”

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

(7) “Practice of massage and bodywork” shall mean a system of structured touch applied to the superficial or deep tissue, muscle, or connective tissue, by applying pressure with manual means. Such application may include, but is not limited to, friction, gliding, rocking, tapping, kneading, or nonspecific stretching, whether or not aided by massage oils or the application of hot and cold treatments. The practice of massage and bodywork is designed to promote general relaxation, enhance circulation, improve joint mobilization and/or relieve stress and muscle tension, and to promote a general sense of well-being.

(8) “Professional-in-charge” means a licensee who is responsible for the operation of a massage establishment, including ensuring that all employees are licensed, where required by law.

(9) “State” means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam; except that “this State” means the State of Delaware.

(10) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of massage and bodywork.
24 Del. C. § 1709A — Delaware Code / Title 24 / Chapter 17A / Section 1709A
§ Â
        1709A. Joint investigations.
Status: in_force

(a) Licensure and disciplinary records of physicians are deemed investigative.

(b) In addition to the authority granted to a member board by its respective Medical Practice Act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.

(c) A subpoena issued by a member state shall be enforceable in other member states.

(d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.
24 Del. C. § 1135 — Delaware Code / Title 24 / Chapter 11 / Subchapter III / Section 1135
§ Â
        1135. Certain unlawful acts; supervision by dentists.
Status: in_force

(a) No person shall repair, construct, adjust or alter any appliance, denture or dental restoration except under the authorization and responsibility of a licensed practitioner of dentistry as defined by this chapter.

(b) Dentists may have direct supervision of dental assistants.
24 Del. C. § 1224 — Delaware Code / Title 24 / Chapter 12 / Subchapter II / Section 1224
§ Â
        1224. Duties of the security alarm system user [For application of this section, see 81 Del. Laws, c. 73, Ââ7].
Status: in_force

(a) A security alarm system user shall maintain the security alarm system site and the security alarm system in a manner that will minimize or eliminate false alarms.

(b) A security alarm system user shall maintain at each security alarm system site a set of written operating instructions for each security alarm system.

(c) A security alarm system user that is using a security alarm business for monitoring shall provide that security alarm business at least 2 different telephone numbers to verify an alarm.

(d) A security alarm system user shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of a security alarm system site will sound for no longer than 10 minutes after being activated.

(e) A security alarm system user shall not use an automatic voice dialer.

(f) Violations of subsections (a), (b), (c) and (d) of this section shall result in an assessment of a civil penalty against the security alarm system user in the amount of $50. A violation of subsection (e) of this section shall result in the assessment of a civil penalty against the security alarm system user in the amount of $100.
24 Del. C. § 3516 — Delaware Code / Title 24 / Chapter 35 / Subchapter II / Section 3516
§ Â
        3516. Disciplinary sanctions.
Status: in_force

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that one of the conditions or violations set forth in § 3514 of this title applies to a practitioner regulated by this chapter:

(1) Issue a letter of reprimand.

(2) Censure a practitioner.

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

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

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

(4) Suspend any practitioner’s license.

(5) Revoke any practitioner’s license.

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

(7) The Board shall permanently revoke the license of any person who the Board determines has been convicted of a felony sexual offense.

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

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

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

(e) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.
24 Del. C. § 522 — Delaware Code / Title 24 / Chapter 5 / Subchapter III / Section 522
§ Â
        522. Treatment or examination of minors.
Status: in_force

(a) A parent, guardian or other caretaker, or an adult staff member, shall be present when a person licensed under this chapter provides outpatient treatment to a minor patient who is disrobed or partially disrobed or during an outpatient physical examination regardless of sex of the licensed person and patient, except when rendering care during an emergency. When using an adult staff member to observe the treatment or examination, the adult staff member shall be of the same gender as the patient when practicable. The minor patient may decline the presence of a third person only with consent of a parent, guardian or other caretaker. The minor patient may request private consultation with the licensee without the presence of a third person after the physical examination.

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

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

(d) The person licensed under this chapter that provides outpatient treatment to a minor pursuant to this section shall, contemporaneously with such treatment, note in the child’s medical record the name of each person present when such treatment is being provided.
24 Del. C. § 3307 — Delaware Code / Title 24 / Chapter 33 / Subchapter I / Section 3307
§ Â
        3307. Records.
Status: in_force

The Division of Professional Regulation shall keep a register of all approved applications for license as a veterinarian or veterinary technician, and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board’s rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.
24 Del. C. § 1132 — Delaware Code / Title 24 / Chapter 11 / Subchapter II / Section 1132
§ Â
        1132. Limited license â Fee.
Status: in_force

(a) Upon completion of an application approved by the Board and payment of a fee established by the Division, the Board may issue a limited license to an applicant for licensure as a dentist who has fulfilled the requirements of § 1122(a)(1) and (2) of this title, and who furnishes proof satisfactory to the Board that the applicant has been appointed a dental intern in a hospital or other institution maintained by this State, by a county or municipality thereof, or in a hospital or dental infirmary incorporated under the laws of this State.

(b) The limited license shall entitle the applicant to practice dentistry only in the hospital or other institution designated on the license and only on bona fide patients of the hospital or institution and under the direction of a licensed dentist employed therein or on the staff thereof.

(c) The applicant for limited license shall comply with the provisions of § 1122(c)(1)-(7) of this title.

(d) The holder of a limited license shall be bound by all other applicable provision of this chapter.

(e) The limited license shall be renewed annually.
24 Del. C. § 2104 — Delaware Code / Title 24 / Chapter 21 / Section 2104
§ Â
        2104. Powers and duties.
Status: in_force

(a) The Board of Examiners in Optometry shall have authority to:

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

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

(3) Designate the written, standardized, national examination, approved by the Division of Professional Regulation, to be taken by all persons applying for licensure; applicants who qualify for licensure by reciprocity shall have achieved a passing score on the designated national examination.

(4) The Board shall adopt the administration, grading procedures and passing score set by the national board or of a comparable alternative national or regional examination, if a national examination is not available.

(5) Establish minimum education, training and experience requirements for licensure as optometrists.

(6) Evaluate the credentials of all persons applying for a licensure to practice optometry in Delaware in order to determine whether such persons meet the qualifications for licensing set forth in this chapter.

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

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

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

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

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

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

(b) The Board of Optometry shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of optometry.
24 Del. C. § 3706 — Delaware Code / Title 24 / Chapter 37 / Subchapter I / Section 3706
§ Â
        3706. Powers and duties; immunity [For application of this section, see 84 Del. Laws, c. 418, Â 2].
Status: in_force

(a) The Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers has authority to:

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

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

(3) Designate the national, written, standardized examinations in speech/language pathology, audiology, and hearing aid dispensing, prepared by a national testing service, to be taken by all persons applying for licensure as speech/language pathologists, audiologists, or hearing aid dispensers. Applicants who qualify for licensure by reciprocity must have achieved a passing score on all parts of the designated written national examination in the applicant’s specialty.

(4) Evaluate the credentials of all persons applying for a license to practice speech/language pathology, audiology, or to dispense prescription hearing aids in this State in order to determine whether such persons meet the qualifications set forth in this chapter.

(5) Grant licenses to and renew licenses of all persons who meet the qualifications for licensure, including those persons who apply for temporary licensure.

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

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

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

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

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

(11) Establish by rule and regulation a code of ethics for each professional specialty.

(12) Establish by rule and regulation standards for electronic equipment used for the purpose of measuring hearing, and require proof of calibration for such equipment annually.

(13) Establish requirements for licensed hearing aid dispenser and licensed audiologist to:

a. At the time of the initial examination for fitting and sale of a hearing aid, to notify the prospective purchaser or client of the operation and benefits of telecoil, also known as “t” coil, or “t” switch technology, in using a hearing aid with “hearing loop” technology.

b. Provide written information explaining telecoil and its uses, including increased access to telephones, and communication with businesses and in the community, and noninvasive access to assistive listening systems.

(14) Establish by rule and regulation standards for the sale of prescription hearing aids.

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

(c) The Board shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of speech/language pathology, audiology, or the dispensing of hearing aids.
24 Del. C. § 5414 — Delaware Code / Title 24 / Chapter 54 / Section 5414
§ Â
        5414. Criminal penalty.
Status: in_force

(a) An athlete agent who violates § 5413 of this title is guilty of a class A misdemeanor. A first conviction of a violation of § 5413 of this title is punishable by a fine of not less than $500 nor more than $1,000 and imprisonment for not more than 1 year. A second or subsequent conviction of a violation of § 5413 of this title is punishable by a fine of not less than $1,000 nor more than $2,000 and imprisonment for not more than 1 year.

(b) The Superior Court has jurisdiction over a criminal violation of § 5413 of this title.
24 Del. C. § 2612 — Delaware Code / Title 24 / Chapter 26 / Section 2612
§ Â
        2612. Practice, referral, and consultation.
Status: in_force

(a) A licensed physical therapist may enter a case for the purpose of consultation, evaluation or treatment of an individual as it relates to the individual’s need for physical therapy services, with or without a referral by a licensed medical or osteopathic physician; provided, however, that a physical therapist shall refer the individual to another health practitioner if symptoms are present for which treatment is outside the scope of the physical therapist’s knowledge. A physical therapist may treat an individual without a referral up to 90 days after which time a physician must be consulted. Physical therapy treatment of any individual shall be administered only by a licensed physical therapist. This chapter shall not prohibit physicians licensed to practice medicine and surgery, chiropractic physicians, podiatrists, dentists and nurses licensed under this title from performing any physical or therapeutic modalities within the scope of their respective practices. Treatment by a physical therapist may also occur based on a referral from, or in consultation with, any licensed health practitioner, who has been granted prescriptive authority for a condition within the scope of their respective practices.

(b) Any person licensed under this chapter as an athletic trainer shall not treat any person by athletic training or otherwise, except after a physician’s referral or an evaluation by the supervising physical therapist, first aid excluded. Any person licensed under this chapter as an athletic trainer will require a physician’s referral for treatment and/or rehabilitation of injuries, other than treatment of minor sprains, strains, and contusions, first aid excluded. Treatment by an athletic trainer may occur based on a referral from, or in consultation with, any licensed health practitioner who has been granted prescriptive authority for a condition within the scope of their respective practices. An athletic trainer shall refer an individual to another licensed health practitioner if symptoms are present for which athletic training is contra-indicated or which are indicative of conditions for which treatment is outside the scope of the athletic trainer’s knowledge.

(1) All treatment of athletic injuries requires a physician’s referral, except for minor sprains, strains, and contusions, first aid excluded.

(2) Treatment of nonmusculoskeletal athletic injuries is limited to on-site sanctioned scholastic, collegiate, professional, recreational, or amateur sports settings. An athletic trainer may not treat nonathletic, nonmusculoskeletal injury, unless otherwise set forth in this chapter.

(3) Treatment of musculoskeletal injuries that are not defined as an athletic injury will require direction from a physical therapist as set forth in this chapter and the Board’s rules and regulations. An athletic trainer may not independently initiate, modify, or discontinue a physical therapy plan of care. Nothing in this chapter is to be construed to limit the practice of athletic training by athletic trainers as is currently being practiced or determined by the Board, so long as such practice does not include surgery and the medical diagnosis of disease. Advanced services may require advanced training, as determined by the Board’s rules and regulations, to assure the licensee meets the accepted standard of care.

(c) Notwithstanding any other provision in this section, a physician referral specific for dry needling is required. If the initial referral is received orally, it must be followed up with a written referral.

(d) No physical therapist, physical therapist assistant, or athletic trainer shall advertise or in any other way hold himself or herself out as an acupuncturist, unless that physical therapist, physical therapist assistant, or athletic trainer is a licensed acupuncturist.
24 Del. C. § 3909D — Delaware Code / Title 24 / Chapter 39D / Section 3909D
§ Â
        3909D. Adverse actions.
Status: in_force

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

(1) Take adverse action against a regulated social worker’s Multistate Authorization to Practice only within that member state, and 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 authority 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 licensing 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.

(2) Only the home state has the power to take adverse action against a regulated social worker’s Multistate License.

(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 a regulated social worker who changes their home state during the course of the investigations. The home state shall also have the authority to take appropriate action 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) A member state, if otherwise permitted by state law, may recover from the affected regulated social worker the costs of investigations and dispositions of cases resulting from any adverse action taken against that regulated social worker.

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

(f) Joint investigations. —

(1) In addition to the authority granted to a member state by its respective social work 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 the Multistate License of a regulated social worker, the regulated social worker’s Multistate Authorization to Practice in all other member states shall be deactivated until all encumbrances have been removed from the Multistate License. All home state disciplinary orders that impose adverse action against the license of a regulated social worker shall include a statement that the regulated social worker’s Multistate Authorization to Practice is deactivated in all member states until all conditions of the decision, order, or agreement are satisfied.

(h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and all other member states of any adverse actions by 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. Nothing in this Compact shall authorize a member state to demand the issuance of subpoenas for attendance and testimony of witnesses or the production of evidence from another member state for lawful actions within that member state.

(j) Nothing in this Compact shall authorize a member state to impose discipline against a regulated social worker who holds a Multistate Authorization to Practice for lawful actions within another member state.
24 Del. C. § 1777 — Delaware Code / Title 24 / Chapter 17 / Subchapter VII / Section 1777
§ Â
        1777. Licensure.
Status: repealed

(a) The requirements for licensure by the Board as a respiratory care practitioner are:

(1) The applicant must successfully complete a national qualifying examination with a passing grade that leads to a credential conferred by the National Board for Respiratory Care, Inc. (NBRC), or its successor organization, as a certified respiratory therapist (CRT) and/or as a registered respiratory therapist (RRT); or

(2) The applicant must possess a current license in a state which has licensing requirements equal to or exceeding the requirements of this subchapter, and there may not be any outstanding or unresolved complaints pending against the applicant;

(3) The applicant:

a. May not have been assessed any administrative penalties regarding the applicant’s practice of respiratory care, 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)(3)a. of this section if the administrative penalty prevents the issuance of a license;

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

(5) 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 respiratory care. “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 respiratory care. The Board shall promulgate regulations specifically identifying the crimes which are substantially related to the practice of respiratory care;

(6) The applicant may not have a criminal conviction record or a pending criminal charge for a crime that is substantially related to the practice of respiratory care. An applicant who has a criminal conviction record or a pending criminal charge must arrange for information about the record or charge to be provided directly to the Board by the appropriate authorities.

(b) Waiver of requirements. — The Respiratory Care Advisory Council, by the affirmative vote of 5 of its members and with the approval of the Board within 30 days of the vote, may waive any of the requirements of subsection (a) of this section if its 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 respiratory care 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 Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board shall grant a waiver of paragraphs (a)(5) and (a)(6) of this section.

(5) [Repealed.]

(c) 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.

(d) Temporary license. — The Executive Director of the Board, with the approval of a member of the Council, 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 paragraph 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 paragraph.

(e) 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 and Board may take necessary action against a respiratory care practitioner who is unable to render respiratory care 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 respiratory care practitioner 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 respiratory care practitioner consists of 3 unbiased members of the Regulatory Council, the 3 members being the chair of Council and 2 other members, if practicable.

(2) a. If the Board or the Respiratory Care Advisory Council receives a formal or informal complaint concerning the activity of a respiratory care practitioner and the 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 respiratory care practitioner’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 this Council Chair or the Chair’s designee. An order temporarily suspending a license to practice may not be issued by the Council unless the respiratory care practitioner or the respiratory care practitioner’s attorney received at least 24 hours’ written or oral notice prior to the temporary suspension so that the respiratory care practitioner or the respiratory care practitioner’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 respiratory care practitioner requests a continuance of the hearing date. If the respiratory care practitioner requests a continuance, the order of temporary suspension remains in effect until the hearing panel convenes and a decision is rendered.

b. A respiratory care practitioner 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 respiratory care practitioner or sent by certified mail, return receipt requested, to the respiratory care practitioner’s last known address.

c. A respiratory care practitioner 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 respiratory care practitioner received notification of the decision of the Council, with the approval of the Board, to temporarily suspend the respiratory care practitioner’s license to practice.

d. As soon as possible after the issuance of an order temporarily suspending a respiratory care practitioner’s license to practice pending a hearing, the Council President shall appoint a 3-member hearing panel. After notice to the respiratory care practitioner pursuant to paragraph (e)(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 the respiratory care practitioner 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 respiratory care practitioner 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. § 3501A — Delaware Code / Title 24 / Chapter 35A / Section 3501A
§ Â
        3501A. Definitions.
Status: in_force

As used in this chapter:

(1) “Adverse action” means: Any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.

(2) “Association of State and Provincial Psychology Boards” (“ASPPB”) means: the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.

(3) “Authority to practice interjurisdictional telepsychology” means: a licensed psychologist’s authority to practice telepsychology, within the limits authorized under this Compact, in another compact state.

(4) “Bylaws” means: those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to § 3509A of this title for its governance, or for directing and controlling its actions and conduct.

(5) “Client/patient” means: the recipient of psychological services, whether psychological services are delivered in the context of healthcare, corporate, supervision, or consulting services.

(6) “Commissioner” means: the voting representative appointed by each state psychology regulatory authority pursuant to § 3509A of this title.

(7) “Compact state” means: a state, the District of Columbia, or United States territory that has enacted this Compact legislation and which has not withdrawn pursuant to § 3512A(c) of this title or been terminated pursuant to § 3511A(b) of this title.

(8) “Coordinated licensure information system” also referred to as “coordinated database” means: an integrated process for collecting, storing, and sharing information on psychologists’ licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities.

(9) “Confidentiality” means: the principle that data or information is not made available or disclosed to unauthorized persons or processes.

(10) “Day” means: any part of a day in which psychological work is performed.

(11) “Distant state” means: the compact state where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in-person, face-to-face psychological services.

(12) “E-Passport” means: a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.

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

(14) “Home state” means: a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than 1 compact state and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than 1 compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed.

(15) “Identity history summary” means: a summary of information retained by the FBI, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.

(16) “In-person, face-to-face” means: interactions in which the psychologist and the client/patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies.

(17) “Interjurisdictional Practice Certificate” (“IPC”) means: a certificate issued by the Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily, and verification of one’s qualifications for such practice.

(18) “License” means: authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.

(19) “Non-compact state” means: any state which is not at the time a compact state.

(20) “Psychologist” means: an individual licensed for the independent practice of psychology.

(21) “Psychology Interjurisdictional Compact Commission” also referred to as “Commission” means: the national administration of which all compact states are members.

(22) “Receiving state” means: a compact state where the client/patient is physically located when the telepsychological services are delivered.

(23) “Rule” means: a written statement by the Psychology Interjurisdictional Compact Commission promulgated pursuant to § 3510A of this title that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal or suspension of an existing rule.

(24) “Significant investigatory information” means either of the following:

a. Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction.

b. Investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified and/or had an opportunity to respond.

(25) “State” means: a state, commonwealth, territory, or possession of the United States, the District of Columbia.

(26) “State psychology regulatory authority” means: the board, office, or other agency with the legislative mandate to license and regulate the practice of psychology.

(27) “Telepsychology” means: the provision of psychological services using telecommunication technologies.

(28) “Temporary authorization to practice” means: a licensed psychologist’s authority to conduct temporary in-person, face-to-face practice, within the limits authorized under this Compact, in another compact state.

(29) “Temporary in-person, face-to-face practice” means: where a psychologist is physically present (not through the use of telecommunications technologies), in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state.
24 Del. C. § 1703B — Delaware Code / Title 24 / Chapter 17B / Section 1703B
§ Â
        1703B. Definitions.
Status: in_force

As used in this Compact:

(1) “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 a physician assistant license or license application or compact privilege such as license denial, censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.

(2) “Compact privilege” means the authorization granted by a remote state to allow a licensee from another participating state to practice as a physician assistant to provide medical services and other licensed activity to a patient located in the remote state under the remote state’s laws and regulations.

(3) “Conviction” means a finding by a court that an individual is guilty of a felony or misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge by the offender.

(4) “Criminal background check” means the submission of fingerprints or other biometric-based information for a license applicant for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 C.F.R. § 20.3(d), from the state’s criminal history record repository as defined in 28 C.F.R. § 20.3(f).

(5) “Data system” means the repository of information about licensees, including but not limited to license status and adverse actions, which is created and administered under the terms of this Compact.

(6) “Executive Committee” means a group of directors and ex officio individuals elected or appointed pursuant to § 1708B(f)(2) of this title.

(7) “Impaired practitioner” means a physician assistant whose practice is adversely affected by health-related condition(s) that impact their ability to practice.

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

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

(10) “License” means current authorization by a state, other than authorization pursuant to a compact privilege, for a physician assistant to provide medical services, which would be unlawful without current authorization.

(11) “Licensee” means an individual who holds a license from a state to provide medical services as a physician assistant.

(12) “Licensing board” means any state entity authorized to license and otherwise regulate physician assistants.

(13) “Medical services” means health care services provided for the diagnosis, prevention, treatment, cure or relief of a health condition, injury, or disease, as defined by a state’s laws and regulations.

(14) “Model Compact” means the model for the PA Licensure Compact on file with The Council of State Governments or other entity as designated by the Commission.

(15) “Participating state” means a state that has enacted this Compact.

(16) “PA” or “physician assistant” means an individual who is licensed as a physician assistant in a state. For purposes of this Compact, any other title or status adopted by a state to replace the term “physician assistant” shall be deemed synonymous with “physician assistant” and shall confer the same rights and responsibilities to the licensee under the provisions of this Compact at the time of its enactment.

(17) “PA Licensure Compact Commission,” “Compact Commission,” or “Commission” means the national administrative body created pursuant to § 1708B(a) of this title.

(18) “Qualifying license” means an unrestricted license issued by a participating state to provide medical services as a physician assistant.

(19) “Remote state” means a participating state where a licensee who is not licensed as a physician assistant is exercising or seeking to exercise the compact privilege.

(20) “Rule” means a regulation promulgated by an entity that has the force and effect of law.

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

(22) “State” means any state, commonwealth, district, or territory of the United States.
24 Del. C. § 120 — Delaware Code / Title 24 / Chapter 1 / Section 120
§ Â
        120. Ownership of working papers.
Status: in_force

(a) All statements, records, schedules, working papers and memoranda made by a permit holder or a partner, shareholder, officer, director or employee of a permit holder, incident to or in the course of rendering services to a client, except the reports submitted by the permit holder to the client, and except for records that are part of the client’s records, shall be and remain the property of the permit holder in the absence of an express agreement between the permit holder and the client to the contrary. No such statement, record, schedule, working paper or memorandum shall be sold, transferred or bequeathed without the consent of the client or the client’s personal representative or assignee, to anyone other than 1 or more surviving partners or stockholders or new partners or stockholders of the permit holder or any combined or merged firm or successor in interest to the permit holder. Nothing in this section should be construed as prohibiting any temporary transfer of working papers or other material necessary in the course of carrying out quality reviews.

(b) A permit holder shall furnish to permit holder’s client or former client, upon request and reasonable notice:

(1) A copy of the permit holder’s working papers, to the extent that such working papers include records that would ordinarily constitute part of the client’s records and are not otherwise available to the client; or

(2) Any accounting or other records belonging to or obtained from or on behalf of the client that the permit holder removed from the client’s premises or received for the client’s account; the permit holder may make and retain copies of such documents of the client when they form the basis for work done by the permit holder.

(c) Nothing herein shall require a permit holder to keep any working paper beyond the period prescribed in any other applicable statute.
24 Del. C. § 1815 — Delaware Code / Title 24 / Chapter 18 / Subchapter II / Section 1815
§ Â
        1815. Disciplinary sanctions.
Status: in_force

(a) The Board may impose any of the following sanctions, singly or in combination, when it determines that a licensee has violated a ground for discipline set forth in § 1814 of this title:

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

(2) Censure the licensee;

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

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

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

(4) Suspend the license of the licensee;

(5) Revoke the license of the licensee;

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

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

(c) If the Board suspends a licensee due to an impairment pursuant to § 1814(a)(9) of this title, the Board may reinstate the license if, after a hearing, the Board is satisfied that the licensee is able to provide professional services with reasonable skill, competence, and safety to the public.