reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20A. Interstate Occupational Therapy Licensure Compact › § 2006A. Obtaining a new home state license by virtue of compact privilege.

§ 2006A. Obtaining a new home state license by virtue of compact privilege.
(a) An occupational therapist or occupational therapy assistant may hold a home state license, which allows for compact privileges in member states, in only 1 member state at a time.
(b) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between 2 member states:
(1) The occupational therapist or occupational therapy assistant shall file an application for obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the Commission.
(2) Upon receipt of an application for obtaining a new home state license by virtue of compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in § 2005A of this title via the data system, without need for primary source verification except for:
a. A Federal Bureau of Investigation fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with U.S. Public Law 92-544;
b. Other criminal background check as required by the new home state; and
c. Submission of any requisite jurisprudence requirements of the new home state.
(3) The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the Commission.
(4) Notwithstanding any other provision of this Compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in § 2005A of this title, the new home state shall apply its requirements for issuing a new single-state license.
(5) The occupational therapist or the occupational therapy assistant shall pay all applicable fees to the new home state in order to be issued a new home state license.
(c) If an occupational therapist or occupational therapy assistant changes primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria shall apply for issuance of a single-state license in the new state.
(d) Nothing in this compact shall interfere with a licensee's ability to hold a single-state license in multiple states; however, for the purposes of this compact, a licensee shall have only 1 home state license.
(e) Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single-state license.
83 Del. Laws, c. 394, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20A. Interstate Occupational Therapy Licensure Compact › § 2007A. Active duty military personnel or their spouses.

§ 2007A. Active duty military personnel or their spouses.
(a) Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state or through the process described in § 2006A of this title.
83 Del. Laws, c. 394, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20A. Interstate Occupational Therapy Licensure Compact › § 2010A. Data system.

§ 2010A. Data system.
(a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and Investigative Information on all licensed individuals in member states.
(b) A member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable (utilizing a unique identifier) as required by the rules of the Commission, including:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license or compact privilege.
(4) Nonconfidential information related to alternative program participation.
(5) Any denial of application for licensure, and the reason(s) for such denial.
(6) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.
(7) Current significant investigative information.
(c) Current significant investigative information and other investigative information pertaining to a licensee in any member state will only be available to other member states.
(d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee will be available to any other member state.
(e) member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
83 Del. Laws, c. 394, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20A. Interstate Occupational Therapy Licensure Compact › § 2013A. Date of implementation of the interstate Commission for Occupational Therapy Practice and associated rules, withdrawal, and amendment.

§ 2013A. Date of implementation of the interstate Commission for Occupational Therapy Practice and associated rules, withdrawal, and amendment.
(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
(b) Any state that joins the Compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
(c) Any member state may withdraw from this Compact by enacting a statute repealing the same.
(1) A member state's withdrawal shall not take effect until 6 months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.
(d) Nothing contained in this Compact shall be construed to invalidate or prevent any occupational therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.
(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
83 Del. Laws, c. 394, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20A. Interstate Occupational Therapy Licensure Compact › § 2014A. Construction and severability.

§ 2014A. Construction and severability.
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
83 Del. Laws, c. 394, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20A. Interstate Occupational Therapy Licensure Compact › § 2015A. Binding effect of Compact and other laws.

§ 2015A. Binding effect of Compact and other laws.
(a) A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.
(c) Any laws in a member state in conflict with the Compact are superseded to the extent of the conflict.
(d) Any lawful actions of the Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.
(e) All agreements between the Commission and the member states are binding in accordance with their terms.
(f) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
83 Del. Laws, c. 394, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2100. Objectives.

§ 2100. Objectives.
The primary objective of the Board of Examiners in Optometry, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.
The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners.
70 Del. Laws, c. 546, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2103. Organization; meetings; officers; quorum.

§ 2103. Organization; meetings; officers; quorum.
(a) The Board shall hold a regularly scheduled business meeting at least once in each year and at such times as the President deems necessary or at the request of a majority of the Board members.
(b) The Board shall elect annually a President and Secretary. Each officer shall serve for 1 year, and shall not succeed himself or herself for more than 2 consecutive terms.
(c) A majority of the members shall constitute a quorum for the purpose of transacting business. No disciplinary action shall be taken without the affirmative vote of 3 members of the Board.
(d) Minutes of all meetings shall be recorded and copies shall be maintained by the Division of Professional Regulation. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
25 Del. Laws, c. 113, §  4;  Code 1915, §  895;  Code 1935, §  1004;  24 Del. C. 1953, §  2103;  59 Del. Laws, c. 250, §  11;  66 Del. Laws, c. 1, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 546, §  11;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2105. Fees.

§ 2105. Fees.
The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each calendar year, the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute for each separate service or activity, the appropriate Boards fees for the coming year.
25 Del. Laws, c. 113, §  11;  Code 1915, §  902;  37 Del. Laws, c. 44, §  1;  Code 1935, §  1012;  42 Del. Laws, c. 94, §  2;  24 Del. C. 1953, §  2105;  55 Del. Laws, c. 224, §  3;  60 Del. Laws, c. 460, §  1;  66 Del. Laws, c. 1, §  1;  70 Del. Laws, c. 546, §  13;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2106. License required.

§ 2106. License required.
(a) No person shall engage in the practice of optometry or hold himself or herself out to the public in this State as being qualified to practice optometry or use in connection with that person's name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person is qualified to practice optometry, unless such person has been duly licensed under this chapter.
(b) Whenever a license to practice as an optometrist in this State has expired or been suspended or revoked, it shall be unlawful for the person to practice optometry in this State.
25 Del. Laws, c. 113, §  2;  Code 1915, §  899;  40 Del. Laws, c. 30;  Code 1935, §  1009;  24 Del. C. 1953, §  2106;  66 Del. Laws, c. 1, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 546, §  14;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2109. Reciprocity.

§ 2109. Reciprocity.
The Board shall waive the internship requirement for an applicant holding a valid license to practice optometry issued by another jurisdiction and who has practiced for a minimum of 5 years in such other jurisdiction with standards of licensure which are equal to or greater than those of this chapter and grant a license by reciprocity to such applicant. The applicant shall contact the National Practitioner Data Bank, requesting that verification be sent to the Board regarding that applicant's licensure status. In addition, the applicant shall contact each jurisdiction where that applicant currently is licensed or has been previously licensed or otherwise authorized to practice optometry and request that a certified statement be provided to the Board stating whether or not there are disciplinary proceedings or unresolved complaints pending against the applicant. In the event there is a disciplinary proceeding or unresolved complaint pending, the applicant shall not be licensed until the proceeding or complaint has been resolved.
25 Del. Laws, c. 113, §  5;  Code 1915, §  896;  35 Del. Laws, c. 58, §  1;  Code 1935, §  1006;  42 Del. Laws, c. 94, §  1;  47 Del. Laws, c. 106, §  2;  24 Del. C. 1953, §  2109;  53 Del. Laws, c. 108, §  23;  60 Del. Laws, c. 460, §  3;  66 Del. Laws, c. 1, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 546, §  16;  80 Del. Laws, c. 356, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2110. Internship requirements; temporary licenses.

§ 2110. Internship requirements; temporary licenses.
Every applicant, except those applicants who qualify for licensure by reciprocity, shall be required to complete a Board-approved 6-month internship in optometry. The internship shall be completed after the applicant has passed all parts of the national, written, standardized examination in optometry, which is approved by the Division, including the examination on the treatment and management of ocular disease (TMOD), approved by the Division.
The Board may grant temporary licenses to any candidate successfully passing the written examinations. The temporary license shall be issued only for the duration of the internship.
Code 1935, c. 31;  47 Del. Laws, c. 106, §  5;  24 Del. C. 1953, §  2110;  50 Del. Laws, c. 482, §  2;  66 Del. Laws, c. 1, §  1;  67 Del. Laws, c. 200, §  2;  69 Del. Laws, c. 288, §  5;  70 Del. Laws, c. 546, §§  17-19, 36;  80 Del. Laws, c. 356, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2111. Certification and registration for successful applicants.

§ 2111. Certification and registration for successful applicants.
All persons successfully passing the examinations for licensure as required by the chapter shall be registered in the Board Register, which shall be kept by the Division of Professional Regulation, as licensed to practice optometry and shall also receive an endorsement of such registration.
25 Del. Laws, c. 113, §  5;  Code 1915, §  896;  35 Del. Laws, c. 58, §  1;  Code 1935, §  1006;  42 Del. Laws, c. 94, §  1;  47 Del. Laws, c. 106, §  2;  24 Del. C. 1953, §  2111;  53 Del. Laws, c. 108, §  24;  66 Del. Laws, c. 1, §  1;  69 Del. Laws, c. 288, §  6;  70 Del. Laws, c. 546, §  37;  80 Del. Laws, c. 356, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2112. Issuance and renewal of licenses.

§ 2112. Issuance and renewal of licenses.
The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as an optometrist and who pays the fee established under § 2105 of this title.
Each license shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation and upon payment of the appropriate fee and submission of a renewal form provided by the Division of Professional Regulation and proof that the licensee has met the continuing education requirements established by the Board.
The Board, in its rules and regulations, shall determine the period of time within which a licensed optometrist may still renew that licensed optometrist's license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date.
An optometrist currently holding an active diagnostic license may not utilize therapeutic pharmaceutical agents or perform procedures that require subsequent treatment with therapeutic pharmaceutical agents. An optometrist holding an active diagnostic license may renew such license under the terms determined by the Board in the rules and regulations.
The 6-month internship for Delaware optometric licensure may not be completed under the supervision of a diagnostic optometrist.
A diagnostically-licensed optometrist may convert to an unrestricted license by completing the requirements set forth in the rules and regulations.
A lapsed diagnostic license may not be reactivated.
25 Del. Laws, c. 113, §  12;  Code 1915, §  903;  Code 1935, §  1013;  42 Del. Laws, c. 94, §  3;  24 Del. C. 1953, §  2112;  53 Del. Laws, c. 108, §  25;  59 Del. Laws, c. 250, §  12;  60 Del. Laws, c. 460, §  4;  66 Del. Laws, c. 1, §  1;  69 Del. Laws, c. 288, §  7;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 546, §  20;  80 Del. Laws, c. 356, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2114. Complaints.

§ 2114. Complaints.
All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29 and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.
When it is determined that an individual is engaging in the practice of optometry or is using the title “optometrist” and is not licensed under the laws of this State, the Board shall apply to the office of the Attorney General to issue a cease and desist order after formally warning the unlicensed practitioner in accordance with the provisions of this chapter.
Any complaints involving allegations of unprofessional conduct or incompetence shall be investigated by the Division of Professional Regulation.
70 Del. Laws, c. 546, §  22;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2116. Hearing procedures.

§ 2116. Hearing procedures.
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 2115 of this chapter, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) All hearings shall be informal without use of 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, that practitioner may appeal the Board's decision to the Superior Court within 30 days of service or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
70 Del. Laws, c. 546, §  30;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2117. Reinstatement of a suspended license; removal from probationary status.

§ 2117. Reinstatement of a suspended license; removal from probationary status.
(a) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee or registrant has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation.
(b) Where a license has been suspended due to the licensee's inability to practice pursuant to this chapter, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is again able to perform the essential functions of an optometrist, with or without reasonable accommodations and/or there is no longer a significant risk of substantial harm to the health and safety of the individual or others.
(c) Applicants for reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate.
(d) [Repealed.]
70 Del. Laws, c. 546, §  30;  82 Del. Laws, c. 8, § 9;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2118. Exemptions.

§ 2118. Exemptions.
(a) Nothing in this chapter shall be construed to prevent the sale and/or application of spectacles in the ordinary course of trade, provided no part of this chapter is violated by this exemption.
(b) Those persons having the degree of Doctor of Medicine or Doctor of Osteopathy and licensed to practice medicine and surgery in this State under Chapter 17 of this title shall be exempt from this chapter, and nothing in this chapter shall apply to or restrict a nationally registered contact lens technician, acting under a valid written spectacle prescription not more than 2 years old and under the supervision of a licensed ophthalmologist or optometrist, as defined in subsection (c) of this section, whose office is on the same premises as the contact lens technician. The contact lens technician shall keep the Board informed of the identity and office location of the contact lens technician's licensed supervising ophthalmologist or optometrist.
(c) For purposes of subsection (b) of this section, the following definitions apply:
(1) “On the same premises” means being within the same building as the designated licensed supervising ophthalmologist or optometrist. The building occupied by the designated licensed supervising ophthalmologist or optometrist must not include space with a building or structure owned, leased or occupied by the designated licensed supervising practitioner in which the designated licensed supervising practitioner does not engage in the regular and consistent practice of ophthalmology or optometry.
(2) “Supervision” means the regular and consistent physical presence and availability of a designated licensed supervising ophthalmologist or optometrist within the same building as the contact lens technician.
25 Del. Laws, c. 113, §  17;  Code 1915, §  907;  37 Del. Laws, c. 69, §  6;  Code 1935, §  1017;  24 Del. C. 1953, §  2117;  59 Del. Laws, c. 250, §  14;  61 Del. Laws, c. 346, §  1;  66 Del. Laws, c. 1, §  1;  69 Del. Laws, c. 288, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 546, §§  24, 25, 29;  72 Del. Laws, c. 424, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2119. Discrimination by state boards between optometrists and ophthalmologists forbidden.

§ 2119. Discrimination by state boards between optometrists and ophthalmologists forbidden.
No state board or commission, created or existing by law, including public schools and other state agencies, in the performance of their duties, shall in any way show any discrimination between optometrists and ophthalmologists.
All boards or commissions shall honor ocular reports or other professional services by legally qualified and licensed optometrists in this State.
Code 1915, §  905A;  40 Del. Laws, c. 101, §  1;  Code 1935, §  1005;  24 Del. C. 1953, §  2118;  66 Del. Laws, c. 1, §  1;  69 Del. Laws, c. 288, §  8;  70 Del. Laws, c. 546, §§  26, 29;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2120. Penalty.

§ 2120. Penalty.
A person not currently licensed as an optometrist under this chapter, when guilty of engaging in the practice of optometry or using in connection with that person's name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the person is qualified to practice optometry, shall be guilty of a misdemeanor. Upon the first offense, that person shall be fined not less than $100 nor more than $500 for each offense; and, in addition, may be imprisoned for not more than 1 year. For a second or subsequent conviction, the fine shall be not less than $500 nor more than $1,000 for each offense. Superior Court shall have jurisdiction over all violations of this chapter.
25 Del. Laws, c. 113, §§  15, 16;  Code 1915, §  906;  37 Del. Laws, c. 69, §  5;  38 Del. Laws, c. 49, §  2;  Code 1935, §  1016;  24 Del. C. 1953, §  2119;  54 Del. Laws, c. 332;  66 Del. Laws, c. 1, §  1;  69 Del. Laws, c. 288, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 546, §§  27, 29;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2121. Continuing education requirements.

§ 2121. Continuing education requirements.
(a), (b) [Repealed.]
(c) The Board shall publish in its rules and regulations the guidelines governing acceptable continuing education requirements.
(d) In the event that any optometrist licensed in this State fails to meet continuing education requirements, that optometrist's license shall lapse, and not be eligible for renewal, at the end of the licensing period in which the requirements were not met. The Board may provide for hardship exceptions to the continuing education requirements in its rules and regulations. Subject to the time period for renewal established pursuant to § 2112 of this title, the Board shall renew such license upon presentation of satisfactory evidence of successful completion of continuing education requirements and upon payment of all fees due.
70 Del. Laws, c. 546, §§  28, 29;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 172, §  5;  80 Del. Laws, c. 356, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 21. OPTOMETRY › § 2123. Duty to report conduct that constitutes grounds for discipline or inability to practice.

§ 2123. Duty to report conduct that constitutes grounds for discipline or inability to practice.
(a) Every optometrist to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation, in writing, information that the licensee reasonably believes indicates that any other optometrist licensed under this chapter or any other healthcare provider has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other healthcare provider's licensing statute.
(b) Every individual to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation, in writing, information that the licensee reasonably believes indicates that any other optometrist licensed under this chapter or any other healthcare provider may be unable to practice with reasonable skill and safety to the public by reason of:
mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol.
(c) Every individual to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation any information that the reporting individual reasonably believes indicates that an individual certified and registered to practice optometry in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to patients by reason of:
mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol.
(d) All reports required under this section must be filed within 30 days of becoming aware of such information. An individual reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, if the individual acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.
80 Del. Laws, c. 356, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 23. PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS › Subchapter I. General Provisions › § 2303. Pawn ticket and memorandum.

§ 2303. Pawn ticket and memorandum.
(a) Any pawnbroker shall furnish to each applicant or customer a ticket on which is printed a number corresponding with the number used to identify the article placed in pawn, and also the amount given in cash, together with all charges and the total amount to be paid when the article is to be redeemed.
(b) Any pawnbroker shall, at the time the loan is made on goods or articles, deliver to the person pawning or pledging such goods or articles, a memorandum or note, signed by such person and containing an account and description of the goods or articles pawned or pledged. No charge shall be made or received by any pawnbroker for any such ticket entry, memorandum or note.
24 Del. Laws, c. 162, §§  5, 6;  Code 1915, §§  1200, 1201;  28 Del. Laws, c. 81, §  1;  Code 1935, §§  1386, 1387;  47 Del. Laws, c. 263, §  1;  24 Del. C. 1953, §  2307;  75 Del. Laws, c. 284, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 23. PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS › Subchapter I. General Provisions › § 2305. Inspection of premises and records.

§ 2305. Inspection of premises and records.
(a) Every pawnbroker, secondhand dealer and scrap metal processor subject to this chapter shall maintain at a place of business designated on the license records of all information required by this chapter, together with a photocopy of government-issued photo identification, for a period of at least 1 year from the date the transaction was recorded.
(b) The records required to be maintained in subsection (a) of this section shall, during regular business hours, be subject to inspection by a law-enforcement officer of Delaware, or by the Attorney General or any Deputy Attorney General.
(c) Such inspection shall consist of an examination on the premises of the inventory and required records to determine whether the records and inventory are being maintained on the premises as required by this chapter.
24 Del. Laws, c. 162, §  7;  Code 1915, §  1202;  Code 1935, §  1388;  24 Del. C. 1953, §  2314;  71 Del Laws, c. 176,, §  31;  75 Del. Laws, c. 284, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 23. PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS › Subchapter I. General Provisions › § 2306. Stolen goods: notice to police.

§ 2306. Stolen goods:
notice to police.
Any pawnbroker, secondhand dealer or scrap metal processor may seize any goods offered to such person for sale or as a pledge or pawn, which such person has reason to believe have been stolen. Such person shall immediately notify the law enforcement agency with jurisdiction over the premises where the sale or offer or pledge took place or where the goods are currently located. Any person acting in compliance with this section shall be immune from civil or criminal penalties if that person acts in good faith.
24 Del. Laws, c. 162, §  14;  Code 1915, §  1209;  Code 1935, §  1395;  24 Del. C. 1953, §  2316;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 284, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 23. PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS › Subchapter I. General Provisions › § 2307. Prohibited transactions [Effective until Jan. 1, 2024].

§ 2307. Prohibited transactions [Effective until Jan. 1, 2024].
(a) No pawnbroker, secondhand dealer or scrap metal processor subject to this chapter shall knowingly purchase or acquire any article, ware or merchandise:
(1) From any person or persons under the age of 18 unless that person or person is:
a. Recycling aluminum cans; or
b. Accompanied by a parent, grandparent, or guardian and is not selling a catalytic converter.
(2) From any person under the influence of any intoxicating liquor or drug when such condition is visible or apparent; or
(3) Which has an altered, obliterated or otherwise tampered with serial number or identifying marking.
(b) No pawnbroker subject to this chapter shall take or receive as a pledge or pawn any artificial limb or wheelchair.
(c) No individual may purchase or sell a catalytic converter from an individual unless the individual, at the time of purchase or sale, provides identification that shows the individual is 1 of the following:
(1) A scrap metal processor licensed under this chapter.
(2) An automotive recycler licensed under Chapter 75 of Title 21.
(3) An agent or employee of a licensed scrap metal processor or automotive recycler.
(d) A scrap metal processor may not purchase the following items from an individual unless the individual, at the time of purchase, provides appropriate authorization from a relevant business or unit of federal, state, or local government specifically authorizing the individual to conduct the transaction.
(1) Metal bleachers;
(2) Hard-drawn copper;
(3) Metal beer kegs;
(4) Cemetery urns;
(5) Grave markers;
(6) Materials related to railroad infrastructure; and
(7) Any other used articles owned by a public utility including:
a. Guardrails;
b. Manhole covers;
c. Metal light poles;
d. Tree grates;
e. Water meters; and
f. Street signs.
(e) A catalytic converter may not be purchased with cash. Payment must be made in the form of a check payable to the licensed individual or licensed entity selling the catalytic converter.
(f) An entity or individual authorized to sell a catalytic converter under subsection (c) of this section may not provide false, fraudulent, altered, or counterfeit information or documentation to the purchaser of a catalytic converter.
(g) The purchase and sale of a catalytic converter must occur between the hours of 6:
00 a.m. and 9:
00 p.m.
(h) The sale of a catalytic converter must occur at a fixed business address of an individual authorized to purchase a catalytic converter under subsection (c) of this section.
24 Del. Laws, c. 162, §§  9, 10;  24 Del. Laws, c. 163, §  1;  Code 1915, §§  1204, 1205;  Code 1935, §§  1390, 1391;  47 Del. Laws, c. 169, §  1;  24 Del. C. 1953, §§  2309, 2310, 2312;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 284, §  1;  79 Del. Laws, c. 156, §  4;  84 Del. Laws, c. 207, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 23. PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS › Subchapter I. General Provisions › § 2308. Penalties.

§ 2308. Penalties.
Whoever violates this chapter, except where another penalty is provided, shall be guilty of a misdemeanor and, if convicted, may be fined not more than $10,000.
(1) Assessment of a civil or administrative penalty shall be determined by the nature, circumstances, extent and gravity of the violation, or violations, ability of the violator to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation and such other matters as justice requires.
(2) In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Superintendent or the Superintendent's designee in any court of competent jurisdiction, including any Justice of the Peace Court, for collection of the administrative penalty, including interest, attorneys' fees and costs and the validity and appropriateness of such administrative penalty shall not be subject to review.
24 Del. Laws, c. 162, §  16;  Code 1915, §  1211;  Code 1935, §  1397;  46 Del. Laws, c. 135, §  1;  24 Del. C. 1953, §  2318;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 284, §  1;  76 Del. Laws, c. 209, §  2;  77 Del. Laws, c. 185, §  4;  81 Del. Laws, c. 102, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 23. PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS › Subchapter I. General Provisions › § 2309. Local regulations.

§ 2309. Local regulations.
Nothing in this chapter shall preclude political subdivisions of the State and municipalities from enacting laws more restrictive than the provisions of this chapter, but such laws shall be in addition to, not in lieu of, the regulations set forth in this chapter.
75 Del. Laws, c. 284, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 23. PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS › Subchapter II. Licensing › § 2310. Licenses required.

§ 2310. Licenses required.
(a) No person shall carry on the business of a pawnbroker, secondhand dealer or scrap metal processor without first having taken out a license and duly qualified as provided in this chapter.
(b) All licenses granted by the State Police to such persons, citizens of this State and companies existing under the laws of this State to engage in and carry on the business of pawnbroker, secondhand dealer or scrap metal processor shall expire annually on December 31.
(c) The licenses shall designate the address in which the person or company shall carry on the business. No person or company shall engage in or carry on the business of pawnbroker, secondhand dealer or scrap metal processor in any other building than the one designated in the license. This prohibition does not apply to the acquisition of goods by a pawnbroker, secondhand dealer or scrap metal processor.
(d) The Director may suspend or revoke a license or issue an emergency suspension for a violation of this chapter or regulations promulgated thereunder by the Secretary.
(e) Anyone licensed under this chapter shall notify the Section within 5 days of being arrested for any misdemeanor or felony crime.
24 Del. Laws, c. 162, §  13;  Code 1915, §  1208;  Code 1935, §  1394;  24 Del. C. 1953, §  2302;  75 Del. Laws, c. 284, §  1;  81 Del. Laws, c. 102, § 3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 23. PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS › Subchapter II. Licensing › § 2311. Qualifications.

§ 2311. Qualifications.
An applicant applying for a pawnbroker, secondhand dealer or scrap metal processor license must meet and maintain the following qualifications:
(1) Must be at least 18 years of age.
(2) Must submit a current valid Delaware business license issued by the Delaware Division of Revenue,
(3) Must notify the Section, within 10 days, of any change of address, phone number, email address or contact person for the business.
(4) Must not have any pending criminal charges.
(5) Must not have been convicted of a felony within 5 years of application date.
(6) Must not have been convicted of any misdemeanor involving a theft-related offense, or moral turpitude within 3 years of the application.
24 Del. Laws, c. 162, §  1;  Code 1915, §  1196;  Code 1935, §  1382;  46 Del. Laws, c. 136, §  1;  24 Del. C. 1953, §  2303;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 284, §  1;  77 Del. Laws, c. 185, §  5;  81 Del. Laws, c. 102, § 4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 23. PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS › Subchapter II. Licensing › § 2312. Records.

§ 2312. Records.
(a) The Section shall keep a register of all applications for pawnbrokers, secondhand dealers and scrap metal processors and complete records, changes and additions to rules and regulations, hearings and such other matters as the Secretary shall determine. Such records shall constitute prima facie evidence of the proceedings of the Secretary.
(b) The Section pursuant to approval of the Secretary shall:
(1) Adopt and, from time to time, revise such rules and regulations and standards not inconsistent with the law as may be necessary to enable it to carry into effect this chapter;
(2) Deny or withdraw approval from applicants for failure to meet approved application procedures and other criteria;
(3) Oversee renewal applications and appropriate fees;
(4) Conduct hearings upon request for denial, suspension or revocation of a pawnbroker, secondhand dealer or scrap metal processor license;
(5) Have the power to issue subpoenas and compel the attendance of witnesses, and administer oaths to persons giving testimony at hearings;
(6) Have all the duties, powers and authority necessary to the enforcement of this chapter, as well as such other duties, powers and authority as it may be granted from time to time by the Secretary.
24 Del. Laws, c. 162, §  5;  Code 1915, §  1200;  28 Del. Laws, c. 81, §  1;  Code 1935, §  1386;  47 Del. Laws, c. 263, §  1;  24 Del. C. 1953, §  2313;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 284, §  1;  81 Del. Laws, c. 102, § 5;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 23. PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS › Subchapter II. Licensing › § 2313. License fees.

§ 2313. License fees.
(a) Every person receiving a license for conducting the business of pawnbroker shall pay the Division $50 to go to the State's General Fund.
(b) Every person receiving a license for conducting the business of secondhand dealer shall pay the Division $50 to go to the State's General Fund.
(c) Every person receiving a license for conducting the business of scrap metal processor shall pay the Division $50 to go to the State's General Fund.
(d) Every person receiving a license for conducting the business of pawnbroker, secondhand dealer or scrap metal processor, shall annually pay a reasonable subscription fee, not to exceed $300, to the electronic reporting system designated by the Secretary.
24 Del. Laws, c. 162, §  2;  Code 1915, §  1197;  Code 1935, §  1383;  46 Del. Laws, c. 137, §  1;  24 Del. C. 1953, §  2304;  75 Del. Laws, c. 284, §  1;  78 Del. Laws, c. 173, §  2;  81 Del. Laws, c. 102, § 6;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 23. PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS › Subchapter II. Licensing › § 2315. Pawnbroker's insurance.

§ 2315. Pawnbroker's insurance.
Every person applying for a license to conduct the business of a pawnbroker shall first effect an insurance policy against fire for $50,000 for the protection of goods, pawned or pledged.
24 Del. Laws, c. 162, §  4;  Code 1915, §  1199;  Code 1935, §  1385;  24 Del. C. 1953, §  2306;  75 Del. Laws, c. 284, §  1;  81 Del. Laws, c. 102, § 8;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 23. PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS › Subchapter II. Licensing › § 2316. Rate of interest.

§ 2316. Rate of interest.
No person conducting the business of a pawnbroker shall ask, demand or receive a greater rate of interest than 30 percent per month on any loans secured by pledge of personal property.
24 Del. Laws, c. 162, §  8;  Code 1915, §  1203;  30 Del. Laws, c. 83, §  1;  Code 1935, §  1389;  24 Del. C. 1953, §  2308;  75 Del. Laws, c. 284, §  1;  77 Del. Laws, c. 185, §  6;  81 Del. Laws, c. 102, § 9;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 23. PAWNBROKERS, SECONDHAND DEALERS AND SCRAP METAL PROCESSORS › Subchapter II. Licensing › § 2317. Unlicensed pawnbrokers, secondhand dealers or scrap metal processors.

§ 2317. Unlicensed pawnbrokers, secondhand dealers or scrap metal processors.
(a) Any pawnbroker, second hand dealer, or scrap metal processor operating without the required license may be issued a cease and desist order by the Division and will not be permitted to operate without first obtaining such license.
(b) Whenever, in the judgment of the Director pursuant to authority of the Superintendent or the Superintendent's designee, any pawnbroker, secondhand dealer or scrap metal processor has engaged in any acts or practices which constitutes a violation of any provision of this chapter or any rule or regulation or issued thereunder, the Director may request the Attorney General to make application to the Court of Chancery for an order enjoining such acts or practices for an order directing compliance and, upon a showing by Director that such entity has engaged or about to engage in such acts or practices, a permanent or temporary injunction, restraining order or other order may be granted.
79 Del. Laws, c. 299, §  1;  70 Del. Laws, c. 186, § 1;  81 Del. Laws, c. 102, § 10;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter I. Objectives; Definitions; Board of Pharmacy › § 2501. Objectives.

§ 2501. Objectives.
The primary objective of the Board of Pharmacy is to promote, preserve, and protect the public health, safety, and welfare. In meeting this objective, the Board shall develop and maintain a registry of drug outlets engaged in the manufacture, production, sale, and distribution of drugs, medications, and such other materials as may be used in the diagnosis and prevention of illness and disease and in the treatment of injury, and shall monitor the outlets to insure safe practices. The secondary objective of the Board is to maintain minimum standards of professional competency in the practice of pharmacy.
In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against pharmacists regulated by the Board; shall adjudicate at formal complaint hearings; shall promulgate rules and regulations; and shall impose sanctions, where necessary, against pharmacists. This chapter must be liberally construed to carry out these objectives.
68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;