reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VI. Physician Assistants › § 1774E. Participation in charitable and voluntary care.

§ 1774E. Participation in charitable and voluntary care.
A physician assistant licensed in this State, or licensed or authorized to practice in any other U.S. jurisdiction, or who is credentialed by a federal employer or meets the licensure requirements of their requisite federal agency as a physician assistant may volunteer to render such medical care the physician assistant is able to provide at public or community events and facilities without a collaborating physician as defined in this chapter or with such collaborating physicians as may be available. Such medical care must be rendered without compensation or remuneration.
83 Del. Laws, c. 16, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VII. Respiratory Care Practitioners › § 1775. Respiratory Care Advisory Council.

§ 1775. Respiratory Care Advisory Council.
(a) The Respiratory Care Advisory Council (Council) consists of 7 members, 1 of whom is a physician member of the Board of Medical Licensure and Discipline. The remaining 6 council members are individuals trained in respiratory care who have been licensed and primarily employed in the practice of respiratory care in this State for at least 2 of the 3 years immediately prior to appointment. The Council may elect officers as necessary.
(b) Each Council member is appointed by the Board for a term of 3 years, and may succeed himself or herself for 1 additional 3-year term. A person appointed to fill a vacancy on the Council is entitled to hold office for the remainder of the unexpired term of the former member. Each term of office expires on the date specified in the appointment; however, a Council member whose term of office has expired remains eligible to participate in Council proceedings until replaced by the Board. A person who has never served on the Council may be appointed to the Council for 2 consecutive terms, but the person is thereafter ineligible for appointment to the Council except as hereinafter provided. A person who has been twice appointed to the Council or who has served on the Board for 6 years within any 9-year period may not again be appointed to the Council until an interim period of at least 1 year has expired since the person last served. A member serving on the Council may not be an elected officer or a member of the board of directors of any professional association of respiratory care practitioners.
(c) The Council shall promulgate rules and regulations governing the practice of respiratory care, after public hearing and subject to the approval of the Board of Medical Licensure and Discipline. The Board must approve or reject within 60 days proposed rules or regulations submitted to it by the Council. If the Board fails to approve or reject the proposed rules or regulations within 60 days, the proposed rules or regulations are deemed to be approved by the Board.
(d) The Council shall meet quarterly, and at such other times as license applications are pending. The Council shall, from time to time, present to the Board the names of individuals qualified to be licensed or qualified to receive temporary licenses, and shall recommend disciplinary action against licensees as necessary, and shall suggest changes in operations or regulations.
75 Del. Laws, c. 141, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 319, §  1;  81 Del. Laws, c. 97, § 10;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VII. Respiratory Care Practitioners › § 1776. Respiratory care practitioners.

§ 1776. Respiratory care practitioners.
(a) As used in this subchapter:
(1) “Respiratory care” means the allied health profession, under the direction of a person certified to practice medicine, which is responsible for direct and indirect services in the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. Respiratory care includes inhalation therapy and respiratory therapy.
(2) “Respiratory care practitioner” or “RCP” means an individual who practices respiratory care in accord with the requirements of this subchapter;
(b) A respiratory care practitioner works under the general supervision of a person certified to practice medicine, whether by direct observation and monitoring, by protocols approved by a person certified to practice medicine, or by orders written or verbally given by a person certified to practice medicine. A respiratory care practitioner may evaluate patients and make decisions within parameters defined by a person certified to practice medicine and by the Board of Medical Licensure and Discipline. The work performed by a respiratory care practitioner includes, but is not limited to:
(1) Collecting samples of blood, secretions, gases, and body fluids for respiratory evaluations;
(2) Measuring cardiorespiratory volumes, flows, and pressures;
(3) Administering pharmacological agents, aerosols, and medical gases via the respiratory route;
(4) Inserting and maintaining airways, natural or artificial, for the flow of respiratory gases;
(5) Controlling the environment and ventilatory support systems such as hyperbaric chambers and ventilators;
(6) Resuscitating individuals with cardiorespiratory failure;
(7) Maintaining bronchopulmonary hygiene;
(8) Researching and developing protocols in respiratory disorders;
(9) Performing pulmonary function studies; and
(10) The use of telemedicine as defined in this chapter and, as further described in regulation, the use of and participation in telehealth.
(c) Nothing in this subchapter is intended to limit, preclude, or otherwise interfere with the professional activities of other individuals and healthcare providers formally trained and licensed by the State.
(d) An individual who is licensed pursuant to this subchapter, who is not being investigated or sanctioned in relation to unprofessional conduct or physical, mental, emotional, or other impairment, and who has passed an examination that includes the subject matter of 1 or more of the professional activities included in subsection (b) of this section may not be prohibited from performing those professional activities passed in the examination, provided that the testing body that administered the examination is approved by the Board.
70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 203, §  1;  72 Del. Laws, c. 171, §  1;  74 Del. Laws, c. 262, §  30B;  75 Del. Laws, c. 141, §  1;  77 Del. Laws, c. 319, §  1;  80 Del. Laws, c. 80, §  5;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VII. Respiratory Care Practitioners › § 1777A. Procedure or action not prescribed.

§ 1777A. Procedure or action not prescribed.
This subchapter governs the practice of respiratory care practitioners. If a procedure or action is not specifically prescribed in this subchapter, but is prescribed in the subchapters relating to the practice of medicine, and the procedure or action would be useful or necessary for the regulation of respiratory care practitioners, the Board may, in its discretion, proceed in a manner prescribed for physicians in the practice of medicine.
75 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VII. Respiratory Care Practitioners › § 1778. Fees; license renewal.

§ 1778. Fees; license renewal.
The Division of Professional Regulation shall establish reasonable fees for licensing respiratory care practitioners and for biennial license renewal. A licensee, when renewing a license, shall provide documentation of continuing education related to respiratory care pursuant to the continuing education requirements for respiratory care practitioners established by the Advisory Council.
75 Del. Laws, c. 141, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VII. Respiratory Care Practitioners › § 1779. Prohibited acts; penalties; enforcement.

§ 1779. Prohibited acts; penalties; enforcement.
(a) A person may not practice respiratory care in this State or represent that the person is a respiratory care practitioner or knowingly allow himself or herself to be represented as a respiratory care practitioner unless the person is licensed under this subchapter, except as otherwise provided in this chapter.
(b) A person who, contrary to the provisions of this subchapter, practices or attempts to practice respiratory care within the State or represents that the person is a respiratory care practitioner or knowingly allows himself or herself to be represented as a respiratory care practitioner shall be fined not less than $500 nor more than $2,000 or imprisoned not more than 1 year, or both.
(c) The Office of the Attorney General is charged with the enforcement of this subchapter.
(d) Notwithstanding the provisions of subsection (a) of this section, a respiratory therapist having a current license issued in another state or the District of Columbia may provide respiratory care within their scope of practice in connection with the interstate transport of a patient without obtaining a license to practice respiratory care in this State. This exemption is limited to the immediate transport need.
75 Del. Laws, c. 141, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 130, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VII. Respiratory Care Practitioners › § 1779A. Duty to report conduct that constitutes grounds for discipline or inability to practice.

§ 1779A. Duty to report conduct that constitutes grounds for discipline or inability to practice.
(a) Every person to whom a license to practice has been issued under this subchapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter or any other health-care provider has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other health-care provider's licensing statute.
(b) Every person to whom a license to practice has been issued under this subchapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter or any other health-care provider may be unable to practice with reasonable skill and safety to the public by reason of:
mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive abuse of drugs, including alcohol.
(c) Every person to whom a license to practice has been issued under this subchapter has a duty to report to the Division of Professional Regulation any information that the reporting person reasonably believes indicates that a person certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to clients by reason of:
mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol.
(d) All reports required under subsections (a), (b) and (c) of this section must be filed within 30 days of becoming aware of such information. A person reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.
81 Del. Laws, c. 97, § 12;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VIII. Parental Notice of Abortion Act › § 1780. Short title.

§ 1780. Short title.
This subchapter shall be known and may be cited as the “Parental Notice of Abortion Act.”
70 Del. Laws, c. 238, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VIII. Parental Notice of Abortion Act › § 1781. Legislative purpose and findings.

§ 1781. Legislative purpose and findings.
(a) The General Assembly of the State finds as fact that:
(1) Immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences;
(2) The physical, emotional, and psychological consequences of teen pregnancy are serious and can be lasting, particularly when the patient is immature;
(3) The capacity to become pregnant and the capacity for mature judgment concerning how to choose among the alternatives for managing that pregnancy are not necessarily related;
(4) Parents ordinarily possess information essential to enable a physician to exercise the physician's best medical judgment concerning the child;
(5) Parents who are aware that their minor daughter has had an abortion can ensure that she receives adequate medical attention after the abortion;
(6) Parental consultation is usually desirable and in the best interest of their minor children and parents ordinarily act in the best interest of their minor children; and
(7) Parental involvement legislation enacted in other states has been shown to have significant impact in reducing abortion, birth and pregnancy rates among minors.
(b) It is the intent of the General Assembly of the State in enacting this parental notice provision to further the important and compelling State interests of:
(1) Protecting minors against their own immaturity;
(2) Fostering the family structure and preserving it as a viable social unit;
(3) Protecting the rights of parents to rear children who are members of their household; and
(4) Protecting the health and safety of minor children.
70 Del. Laws, c. 238, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VIII. Parental Notice of Abortion Act › § 1782. Definitions.

§ 1782. Definitions.
For purposes of this subchapter, the following definitions will apply.
(1) “Abortion” means the use of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.
(2) “Coercion” means restraining or dominating the choice of a minor female by force, threat of force, or deprivation of food and shelter.
(3) “Emancipated minor” means any minor female who is or has been married or has, by court order or otherwise, been freed from the care, custody and control of her parents or any other legal guardian.
(4) “Licensed mental health professional” means a person licensed under the Division of Professional Regulation of the State as a:
(a) Psychiatrist;
(b) Psychologist; or
(c) Licensed professional counselor of mental health.
(5) “Medical emergency” means that condition which, on the basis of the physician or other medically authorized person's good faith clinical judgment, so complicates the medical condition of the pregnant minor as to necessitate the immediate abortion of her pregnancy to avert her death or for which delay will create serious risk of substantial and irreversible impairment of a major bodily function.
(6) “Minor” means a female person under the age of 16.
70 Del. Laws, c. 238, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VIII. Parental Notice of Abortion Act › § 1783. Notice required.

§ 1783. Notice required.
No physician or other medically authorized person shall perform an abortion upon an unemancipated minor until complying with the following notification provisions:
(1) No physician or other medically authorized person shall perform an abortion upon an unemancipated minor unless the physician, medically authorized person, or an agent of the physician or of the medically authorized person has given at least 24 hours actual notice to one or both parents (either custodial or noncustodial), a grandparent, a licensed mental health professional (who shall not be an employee or under contract to an abortion provider except employees or contractors of an acute care hospital) or to the legal guardian of the pregnant minor of the intention to perform the abortion, or unless the physician, medically authorized person, or an agent of the physician or of the medically authorized person has received a written statement or oral communication from another physician or medically authorized person, hereinafter called the “referring physician or medically authorized person,” certifying that the referring physician or medically authorized person has given such notice. If the person contacted pursuant to this subsection is not the parent or guardian, the person so contacted must explain to the minor the options available to her include adoption, abortion and full-term pregnancy, and must agree that it is in the best interest of the minor that a waiver of the parental notice requirement be granted. Any licensed mental health professional so contacted shall certify that the professional has performed an assessment of the specific factors and circumstances of the minor subject to the evaluation including but not limited to the age and family circumstances of the minor and the long-term and short-term consequences to the minor of termination or continuation of the pregnancy.
a. No physician or other abortion provider shall charge a referral fee to a person authorized under this section to receive notice; nor shall a person authorized under this section to receive notice charge a referral fee to a physician or other abortion provider.
b. Nothing in this section shall affect the obligations of a person pursuant to other provisions of this Code to report instances of child abuse to the appropriate government agencies.
(2) A minor may petition the Family Court (“Court”) of any county of this State for a waiver of the notice requirement of this section pursuant to the procedures of § 1784 of this title. A physician who has received a copy of a court order granting a waiver application under § 1784 of this title shall not, at any time, give notice of the minor's abortion to any person without the minor's written permission.
70 Del. Laws, c. 238, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VIII. Parental Notice of Abortion Act › § 1785. Short form of affidavit and application for waiver of parental notice requirement.

§ 1785. Short form of affidavit and application for waiver of parental notice requirement.
The following shall be sufficient form of affidavit and application for waiver of parental notice requirement under this subchapter:
IN THE FAMILY COURT OF THE STATE OF DELAWARE
IN AND FOR (NAME OF COUNTY) COUNTY
IN THE MATTER
)
AFFIDAVIT AND
)
APPLICATION FOR
(NAME OF MINOR APPLICANT),
)
WAIVER OF NOTICE
)
OF
)
ABORTION
STATE OF DELAWARE
)
)
__________ COUNTY, SS:
)
BE IT REMEMBERED that on this ________ day of ________________ , A.D. ________ before me, (name of person authorized to perform notarial acts), personally appeared (name of minor applicant/affiant) who, being by me duly sworn or affirmed, depose and say:
(1) That the minor applicant resides at (minor's address);
(2) That the Court may send its order to (mailing address designated by applicant minor) and leave telephone messages for the applicant minor at (phone number designated by applicant minor);
(3) That the minor applicant is pregnant;
(4) That the minor applicant desires to obtain an abortion;
(5) That the minor applicant desires that the Court waive the notice requirement of § 1783 of Title 24;
(6) That the minor applicant believes that she is mature and well-informed enough to make the abortion decision on her own and/or it would be in her best interest that a waiver of notice be granted because (state reasons why mature and well-informed enough and/or waiver of notice is in best interest based upon the applicant's age and family circumstances and the long-term and short-term consequences to the applicant of termination or continuation of the pregnancy).
WHEREFORE, this minor applicant intends to submit this affidavit and application for waiver of notice of abortion to the Family Court, and pray that an order be issued waiving the notification requirement of § 1783 of Title 24 as to the following persons:
(identify each such person).
________________
Minor applicant/affiant
SWORN TO or affirmed and subscribed before me by the minor applicant/affiant this ________ day of ________________ , A.D. ________ .
________________
(Notary)
70 Del. Laws, c. 238, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VIII. Parental Notice of Abortion Act › § 1786. Coercion prohibited.

§ 1786. Coercion prohibited.
No parent, guardian, or other person shall coerce a minor to undergo an abortion or to continue a pregnancy. Any minor who is threatened with such coercion may apply to a court of competent jurisdiction for relief. The court shall provide the minor with counsel, give the matter expedited consideration, and grant such relief as may be necessary to prevent such coercion. Should a minor be denied the financial support of her parents or legal guardian by reason of her refusal to undergo abortion or to continue a pregnancy, she shall be considered emancipated for purposes of eligibility for assistance benefits.
70 Del. Laws, c. 238, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VIII. Parental Notice of Abortion Act › § 1787. Medical emergency exception.

§ 1787. Medical emergency exception.
The requirements of § 1783, § 1784 and § 1786 of this title shall not apply when, in the best medical judgment of the physician or other medically authorized person, based on the facts of the case, a medical emergency exists that so complicates the pregnancy as to require an immediate abortion.
70 Del. Laws, c. 238, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VIII. Parental Notice of Abortion Act › § 1788. Counseling to affected persons.

§ 1788. Counseling to affected persons.
The Division of Prevention and Behavioral Health Services, Department of Services for Children, Youth and Their Families, shall offer counseling and support to any minor who is pregnant and is considering filing or has filed an application under this subchapter, if the minor requests such services. Notwithstanding any contrary statute, no notification of the request for or provision of such services to the minor shall be provided to any person, nor shall the consent of any person thereto be required.
70 Del. Laws, c. 238, §  1;  77 Del. Laws, c. 327, §  210(a);
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VIII. Parental Notice of Abortion Act › § 1789. Penalty and criminal jurisdiction.

§ 1789. Penalty and criminal jurisdiction.
(a) Any person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion has been performed is an unemancipated minor, and who intentionally or knowingly fails to conform to any requirement of this subchapter, shall be guilty of a class A misdemeanor.
(b) The Superior Court shall have exclusive jurisdiction of violations of this section.
70 Del. Laws, c. 238, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VIII. Parental Notice of Abortion Act › § 1789A. Notice and avoidance of liability.

§ 1789A. Notice and avoidance of liability.
In any prosecution pursuant to § 1789 of this title, the State shall prove beyond a reasonable doubt that the physician (or other medically authorized person) who performed the abortion did not have a good faith belief on that physician's part that actual notice was given by such physician (or other medically authorized person), that physician's agent, or the referring physician or another medically authorized person to a person listed in § 1783(1) of this title as qualified to receive notice. In any civil case, the plaintiff must prove the absence of such a good faith belief by clear and convincing evidence.
70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 238, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter VIII. Parental Notice of Abortion Act › § 1789B. Civil damages available.

§ 1789B. Civil damages available.
Failure to give notice pursuant to the requirements of this subchapter is prima facie evidence of interference with family relations in appropriate civil actions. The law of this State shall not be construed to preclude the award of punitive damages in any civil action relevant to violations of this subchapter. Nothing in this subchapter shall be construed to limit the common law rights of parents.
70 Del. Laws, c. 238, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter IX. Termination of Human Pregnancy › § 1790. Termination of pregnancy before viability not prohibited; termination of pregnancy after viability limited.

§ 1790. Termination of pregnancy before viability not prohibited; termination of pregnancy after viability limited.
(a) Any of the following may terminate, assist in the termination of, or attempt the termination of a human pregnancy before viability:
(1) A physician.
(2) A physician assistant with a collaborative agreement with an appropriately-trained physician.
(3) A certified nurse midwife or certified nurse practitioner who demonstrates knowledge and competency including successful completion of a training or certification approved by the Board of Nursing.
(b) A physician may not terminate, attempt to terminate, or assist in the termination or attempt at termination of a human pregnancy otherwise than by birth after viability, unless, in the good faith medical judgment of the physician, the termination is necessary for the protection of the woman's life or health or in the event of a fetal anomaly for which there is not a reasonable likelihood of the fetus's sustained survival outside the uterus without extraordinary medical measures.
(c) A physician assistant or an advanced practice registered nurse may prescribe medication for the termination of pregnancy including Mifeprex, Mifepristone, and Misoprostol.
24 Del. C. 1953, §  1790;  57 Del. Laws, c. 145, §  2;  57 Del. Laws, c. 235, §§  1, 2;  58 Del. Laws, c. 511, §  55;  66 Del. Laws, c. 269, §  16;  70 Del. Laws, c. 149, §  211;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 35, § 2;  83 Del. Laws, c. 298, § 1;  83 Del. Laws, c. 327, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter IX. Termination of Human Pregnancy › § 1791. Refusal to perform or submit to medical procedures.

§ 1791. Refusal to perform or submit to medical procedures.
(a) No person shall be required to perform or participate in medical procedures which result in the termination of pregnancy; and the refusal of any person to perform or participate in these medical procedures shall not be a basis for civil liability to any person, nor a basis for any disciplinary or other recriminatory action against the person.
(b) No hospital, hospital director or governing board shall be required to permit the termination of human pregnancies within its institution, and the refusal to permit such procedures shall not be grounds for civil liability to any person, nor a basis for any disciplinary or other recriminatory action against it by the State or any person.
(c) The refusal of any person to submit to an abortion or to give consent shall not be grounds for loss of any privileges or immunities to which such person would otherwise be entitled, nor shall submission to an abortion or the granting of consent be a condition precedent to the receipt of any public benefits.
24 Del. C. 1953, §  1791;  57 Del. Laws, c. 145, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter IX. Termination of Human Pregnancy › § 1792. Assistance or participation in an unlawful termination of human pregnancy.

§ 1792. Assistance or participation in an unlawful termination of human pregnancy.
No person shall, unless the termination of a human pregnancy has been authorized pursuant to § 1790 of this title:
(1) Sell or give, or cause to be sold or given, any drug, medicine, preparation, instrument or device for the purpose of causing, inducing or obtaining a termination of such pregnancy; or
(2) Give advice, counsel or information for the purpose of causing, inducing or obtaining a termination of such pregnancy; or
(3) Knowingly assist or cause by any means whatsoever the obtaining or performing of a termination of such pregnancy.
24 Del. C. 1953, §  1792;  57 Del. Laws, c. 145, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter IX. Termination of Human Pregnancy › § 1795. Live birth following abortion.

§ 1795. Live birth following abortion.
(a) In the event an abortion or an attempted abortion results in the live birth of a child, the person performing or inducing such abortion or attempted abortion and all persons rendering medical care to the child after its birth must exercise that degree of medical skill, care and diligence which would be rendered to a child who is born alive as the result of a natural birth.
(b) Nothing found in this section shall be deemed to preclude prosecution under any other applicable section of the Delaware Code for knowing or reckless conduct which is detrimental to the life or health of an infant born as a result of a procedure designed to terminate pregnancy. Anyone who knowingly violates this section shall be guilty of a class A misdemeanor.
63 Del. Laws, c. 353, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter X. Acupuncture and Eastern Medicine Practitioners › § 1798A. Procedure or action not described.

§ 1798A. Procedure or action not described.
This subchapter governs the practice of acupuncture and eastern medicine practitioners. If a procedure or action is not specifically prescribed in this subchapter, but is prescribed in the subchapters relating to the practice of medicine, and the procedure or action would be useful or necessary for the regulation of acupuncture and eastern medicine practitioners, the Board may, in its discretion, proceed in a manner prescribed for physicians in the practice of medicine.
76 Del. Laws, c. 261, §  1;  77 Del. Laws, c. 101, §  1;  80 Del. Laws, c. 316, § 7;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter X. Acupuncture and Eastern Medicine Practitioners › § 1799. Fees; license renewal.

§ 1799. Fees; license renewal.
The Division of Professional Regulation shall establish reasonable fees for licensing and for biennial license renewal. A licensee, when renewing a license, shall provide documentation of continuing education related to acupuncture pursuant to the continuing education requirements for acupuncture practitioners established by the Acupuncture Advisory Council.
76 Del. Laws, c. 261, §  1;  77 Del. Laws, c. 101, §  1;  80 Del. Laws, c. 316, § 8;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter X. Acupuncture and Eastern Medicine Practitioners › § 1799B. Exemptions.

§ 1799B. Exemptions.
(a) Acupuncture or supplemental or eastern medicine techniques may be performed by a student, trainee or visiting teacher who is designated as a student, trainee or visiting teacher while participating in a course of study or training under supervision of a licensed acupuncturist or acupuncture and eastern medicine practitioner in a program that the Council has recommended to the Board for approval. This includes continuing education programs and any acupuncture or eastern medicine programs that are a recognized route to certification as an acupuncturist by the NCCAOM or any Board-approved agency.
(b) Any herbalist, retailer or other person who does not hold himself or herself out to be a licensed acupuncturist shall not be limited by this subchapter.
76 Del. Laws, c. 261, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 101, §  1;  80 Del. Laws, c. 316, § 10;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter X. Acupuncture and Eastern Medicine Practitioners › § 1799C. Renewal.

§ 1799C. Renewal.
Licenses must be renewed biennially and every licensee for renewal shall be required to complete continuing education credits as determined by regulation. The Board shall determine acceptable sources of continuing education credits as recommended by the Council.
76 Del. Laws, c. 261, §  1;  77 Del. Laws, c. 101, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter X. Acupuncture and Eastern Medicine Practitioners › § 1799D. Reciprocal licensing.

§ 1799D. Reciprocal licensing.
All applicants for reciprocal licensing must possess a current license in another state which has licensing requirements equal to or exceeding the requirements of this subchapter, and there may not be any outstanding or unresolved complaints against the applicant.
76 Del. Laws, c. 261, §  1;  77 Del. Laws, c. 101, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter X. Acupuncture and Eastern Medicine Practitioners › § 1799E. Prohibited acts; penalties; enforcement.

§ 1799E. Prohibited acts; penalties; enforcement.
(a) No person in this State shall use the title “licensed acupuncturist” or “L. Ac.,” or use in connection with that person's name any letters, words or symbols indicating or implying that the person is a licensed acupuncturist, or advertise services under the description of “licensed acupuncturist”, unless that person holds a license as an acupuncturist issued pursuant to this subchapter. Nothing in this subsection shall be construed to prevent a person from providing care or performing or advertising services within the scope of that person's license.
(b) No person in this State shall use the title “eastern medicine practitioner” or use in connection with that person's name any letters, words, or symbols indicating or implying that the person is a licensed eastern medicine practitioner, or advertise services under the description of “licensed eastern medicine practitioner,” unless that person holds a license issued pursuant to this subchapter. Nothing in this subsection shall be construed to prevent a person from providing care or performing or advertising services within the scope of that person's license.
(c) A person who, contrary to the provisions of this subchapter, practices or attempts to practice acupuncture within the State or represents that the person is an acupuncture practitioner or knowingly allows himself or herself to be represented as an acupuncture practitioner shall be fined not less than $500 nor more than $2,000 or imprisoned not more than 1 year, or both.
(d) The Office of the Attorney General is charged with the enforcement of this subchapter.
76 Del. Laws, c. 261, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 101, §  1;  80 Del. Laws, c. 316, § 11;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter XI. Genetic Counselors › § 1799G. Statement of purpose.

§ 1799G. Statement of purpose.
The intent of the General Assembly in enacting this subchapter is to establish minimum standards of education, experience and examination for professional genetic counselors so that the public can readily identify those who meet these minimum standards. In enacting this subchapter the General Assembly intends to provide a licensure process for professional genetic counselors, a scope of practice for genetic counselor services, and to establish “licensed genetic counselor” as the state-recognized legal title for professional genetic counselors. It is also the intent of the General Assembly in enacting this subchapter to assure consumers the right to choose from whom they receive information and advice. Recognition of these goals will protect the health of the public by broadening access to appropriate genetic counseling.
77 Del. Laws, c. 317, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter XI. Genetic Counselors › § 1799H. Definitions.

§ 1799H. Definitions.
As used in this subchapter:
(1) “ABGC” shall mean the American Board of Genetic Counseling or an organization that is recognized as equivalent.
(2) “ABMG” shall mean the American Board of Medical Genetics or an organization that is recognized as equivalent.
(3) “Active candidate status” or “ACS” shall be conveyed by the ABGC.
(4) “Board” shall mean the Board of Medical Licensure and Discipline.
(5) “Genetic counselor” means an individual who engages in the competent practice of genetic counseling.
(6) “L.G.C.” shall be the abbreviation for the title “licensed genetic counselor”.
(7) “License” shall mean any document which indicates that a person is currently licensed by the Board of Medical Licensure and Discipline to practice genetic counseling.
(8) “NSGC” means the National Society of Genetic Counselors or an organization that is recognized as equivalent
(9) The “practice of genetic counseling” shall include any or all of the following activities:
a. Obtaining and interpreting individual, family and medical development histories;
b. Determining the mode of inheritance and risk of transmission of genetic conditions;
c. Discussing the inheritance, features, natural history, means of diagnosis;
d. Identifying, coordinating and explaining genetic laboratory tests and other diagnostic studies; provided however, that if in the course of providing a genetic counseling service to any client, a genetic counselor finds any indication of disease or condition that requires medical assessment, the genetic counselor shall refer a client to a physician licensed to practice medicine;
e. Assessing psychosocial factors, recognizing social, educational, and cultural issues;
f. Evaluating the client's or family's responses to the condition or risk of recurrence and provide client-centered counseling and anticipatory guidance;
g. Communicating genetic information to clients in an understandable manner;
h. Facilitating informed decision making about testing and management alternatives;
i. Identifying and effectively utilizing community resources that provide medical, educational, financial, and psychosocial support and advocacy;
j. Providing accurate written documentation of medical, genetic, and counseling information for families and health care professionals; and
k. The use of telemedicine as defined in this chapter and, as further described in regulation, the use of and participation in telehealth.
77 Del. Laws, c. 317, §  1;  77 Del. Laws, c. 319, §  1;  80 Del. Laws, c. 80, §  6;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter XI. Genetic Counselors › § 1799J. Licensure.

§ 1799J. Licensure.
(a) An applicant who is applying for licensure under this subchapter shall:
(1) Provide satisfactory evidence of having certification as a:
a. Genetic counselor by the ABGC or ABMG; or
b. Medical geneticist by the ABMG
(2) Submit an application prescribed by the Council.
(3) Submit a certified criminal background check pursuant to § 1720(b)(6) of this title.
(4) The applicant may not have an impairment related to the current use of drugs or alcohol which substantially impairs the practice of genetic counseling with reasonable skill and safety.
(b) The Board may refuse or reject an applicant, if after hearing, the Board finds that:
(1) The applicant has engaged in activities that are grounds for discipline under § 1799P of this title.
(2) The applicant has been convicted of a crime substantially related to the practice of genetic counseling as determined by the Board of Medical Licensure and Discipline in its rules and regulations.
(3) The applicant has been the recipient of any administrative penalties from any other jurisdiction or jurisdictions regarding the applicant's practice of genetic counseling, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has entered into any “consent agreements” which contain conditions placed by a Board on the applicant's professional conduct and practice, including any voluntary surrender of a license in lieu of discipline.
(c) Waiver of requirements. — The Council, by the affirmative vote of 3 of its members and with the approval of the Board within a reasonable period of time from the vote, may waive any of the requirements of subsection (b) of this section if it finds all of the following by clear and convincing evidence:
(1) The applicant's education, training, qualifications and conduct have been sufficient to overcome the deficiency or deficiencies in meeting the requirements of this section;
(2) The applicant is capable of practicing as a genetic counselor in a competent and professional manner;
(3) The granting of the waiver will not endanger the public health, safety, or welfare; and
(4) For waiver of a conviction, if, after consideration of the factors set forth in § 8735(x)(3) of Title 29, the Council determines that granting a waiver would not create an unreasonable risk to public safety, the Council shall waive paragraph (b)(2) of this section.
(5) [Repealed.]
(d) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification, and imposed higher or different standards for the person than for other applicants or licensees, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
77 Del. Laws, c. 317, §  1;  77 Del. Laws, c. 319, §  1;  78 Del. Laws, c. 44, §§  22, 23;  83 Del. Laws, c. 433, § 11;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter XI. Genetic Counselors › § 1799K. Provisional license.

§ 1799K. Provisional license.
(a) The Board may issue a provisional license to practice genetic counseling to a candidate for licensure who has been granted active candidate status by the ABGC, provided the candidate meets the other qualifications for licensure listed in § 1799J of this title.
(b) The provisional license shall be valid for up to 1 year from the date it was issued, and may be renewed for 1 additional year if the applicant fails the certification examination. The provisional license automatically expires:
(1) When the applicant is issued a license; or
(2) On the expiration date printed on the provisional license; or
(3) Upon notice of the second failure of the certification examination.
(c) An application for extension of a provisional license must be signed by the applicant's supervisor. A genetic counselor working under a provisional license must be under the general supervision of a licensed genetic counselor or a licensed physician. If a candidate fails to pass the exam 2 times within this provision, they may reapply for provisional licensure after regaining active candidate status by the ABGC or another organization acceptable to the Board. The Board may establish in its rules additional requirements relating to provisional licensure.
77 Del. Laws, c. 317, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter XI. Genetic Counselors › § 1799L. Reciprocity.

§ 1799L. Reciprocity.
An applicant for licensure by reciprocity 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 against the applicant.
77 Del. Laws, c. 317, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter XI. Genetic Counselors › § 1799M. Continuing education.

§ 1799M. Continuing education.
The Council, with the approval of the Board, is authorized to adopt regulations specifying continuing education requirements which must be met by a licensee before a licensee will be eligible for renewal of their license.
77 Del. Laws, c. 317, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 17. MEDICAL PRACTICE ACT › Subchapter XI. Genetic Counselors › § 1799N. Issuance and renewal of licenses; fees.

§ 1799N. Issuance and renewal of licenses; fees.
(a) The Division of Professional Regulation shall establish reasonable fees for licensing genetic counselors and for biennial license renewal.
(b) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a genetic counselor and who pays the established fees.
(c) Each license shall be renewed biennially, in such manner as is determined by the Division and upon payment of the appropriate fee and submission of a renewal form provided by the Division, and proof that the licensee has met the continuing education requirements established by § 1799M of this title.
(d) The Council, in its rules and regulation, shall determine the period of time within which a licensee may still renew the licensee's license and determine late fees associated with the license renewal, notwithstanding the fact that such licensee has failed to renew on or before the renewal date, provided, however that such period shall not exceed 1 year.
(e) A licensee, upon written request, may be placed in an inactive status for no more than 5 years. Such person, who desires to reactivate that person's license, shall complete a Board-approved application form, obtain an updated certified criminal background check, submit a renewal fee, and proof of fulfillment of continuing education requirements in accordance with the rules and regulation of the Council.
77 Del. Laws, c. 317, §  1;