reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter I. Board of Cosmetology and Barbering › § 5111. Issuance of license; renewal; reinstatement; lapsed license.

§ 5111. Issuance of license; renewal; reinstatement; lapsed license.
(a) Each person who has passed the examinations required by this chapter, who has been admitted to practice in this State by reciprocity, or who has otherwise qualified for a license shall, prior to receiving such license, file for and obtain an occupational license from the Division of Revenue, if required, in accordance with Chapter 23 of Title 30. The Board shall issue a license to each person who has qualified for same under this chapter. A duplicate license shall be issued to a practitioner licensed under this chapter upon payment of a fee established by the Division of Professional Regulation. The license shall be clearly marked “DUPLICATE.”
(b) Each license shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee, and proof that the licensee has met any continuing education requirements established by the Board. A licensee who has allowed that licensee's license to lapse for less than 5 years may renew such lapsed license upon payment of a late fee established by the Division, and proof that the licensee has met any continuing education requirements established by the Board. A licensee who has allowed that licensee's license to lapse for longer than 5 years may reinstate such license by taking and passing the practical examination for the profession for which the licensee is seeking reinstatement.
(1)-(4) [Repealed.]
(c) A shop or school that allows its license to lapse has 45 days from the expiration date to apply for reinstatement. After that time, any shop or school must reapply.
(d) A former licensee whose license has been revoked shall apply for a new license, successfully complete all examinations, and pay all appropriate fees before the person may be licensed.
64 Del. Laws, c. 8, §  1;  64 Del. Laws, c. 144, §  1;  69 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 158, §  16;  77 Del. Laws, c. 65, §  1;  79 Del. Laws, c. 170, §  1;  82 Del. Laws, c. 77, § 4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter I. Board of Cosmetology and Barbering › § 5112. Complaints.

§ 5112. Complaints.
(a) All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. Investigators of the Division may enter any nail salon, beauty salon, barbershop or aesthetics shop in furtherance of their investigation. Upon a determination that an individual is practicing cosmetology, barbering, electrology, nail technology or aesthetics without a license, the investigator shall request that a Justice of the Peace Court issue a summons for a violation of § 5117(b) or (c) of this title, as applicable. The investigator or the Attorney General or their designee, or any other person authorized by law, shall prosecute the matter. A copy of the investigator's report, including the summons and complaint, shall be sent to the Board. A condition of bond shall be that the accused shall not practice the regulated conduct without first obtaining a license from the Division, and any violations of bond shall be treated as criminal contempt, pursuant to § 1271(3) of Title 11.
(b) Those complaints involving unsanitary conditions or other conditions in any nail salon, cosmetology or beauty salon, barber shop, electrology salon or aesthetics shop which may harm the health of those receiving the services outlined in this chapter shall be investigated by the Division of Public Health.
64 Del. Laws, c. 8, §  1;  65 Del. Laws, c. 355, §  1;  69 Del. Laws, c. 178, §  1;  71 Del. Laws, c. 299, §  1;  73 Del. Laws, c. 158, §§  17, 18;  77 Del. Laws, c. 65, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter I. Board of Cosmetology and Barbering › § 5114. Disciplinary sanctions.

§ 5114. Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 5113 of this title applies to a practitioner regulated by this chapter:
(1) Issue a letter of reprimand;
(2) Impose a civil penalty not to exceed $500 for each violation of this chapter;
(3) Place a practitioner on probationary status, and require the practitioner to:
a. Report regularly to the Board upon the matters which are the basis of the probation;
b. Limit all practice and professional activities to those areas prescribed by the Board;
(4) Suspend any practitioner's license;
(5) Revoke a practitioner's license;
(6) Permanently revoke a practitioner's license.
(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.
(c) As a condition of reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.
64 Del. Laws, c. 8, §  1;  69 Del. Laws, c. 178, §  1;  77 Del. Laws, c. 65, §  1;  79 Del. Laws, c. 170, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter I. Board of Cosmetology and Barbering › § 5115. Temporary suspension pending hearing.

§ 5115. Temporary suspension pending hearing.
In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
77 Del. Laws, c. 65, §  1;  79 Del. Laws, c. 213, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter I. Board of Cosmetology and Barbering › § 5116. Hearing procedures.

§ 5116. Hearing procedures.
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging a violation of § 5113 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with 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. A copy of the decision shall be mailed immediately to the practitioner.
(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board's decision to the Superior Court within 30 days of the day the notice of decision was mailed. Upon such appeal the Court shall hear the evidence on the record. Board action shall not be stayed upon appeal unless so ordered by the Superior Court.
64 Del. Laws, c. 8, §  1;  69 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 441, §  3;  73 Del. Laws, c. 158, §§  24-26;  77 Del. Laws, c. 65, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter I. Board of Cosmetology and Barbering › § 5117. Practicing without a license; penalties.

§ 5117. Practicing without a license; penalties.
(a) Where the Board has placed a practitioner on probationary status under certain restrictions or conditions, and the Board has determined that such restrictions or conditions are being or have been violated by the practitioner, it may, after a hearing on the matter, suspend or revoke the practitioner's license.
(b) Where a person not currently licensed as a cosmetologist, barber, electrologist, nail technician, aesthetician or instructor, in any of the professions for which a license is required, is convicted of unlawfully practicing cosmetology, barbering, electrology, nail technology or aesthetics in violation of this chapter, such offender shall, upon the first offense, be fined not less than $100 nor more than $500, and shall pay all costs; provided, however, that where it is alleged that such violation has resulted in injury to any person, the offender shall be charged and tried under the applicable provision or provisions of Title 11.
(c) Where a person previously convicted of unlawfully practicing cosmetology, barbering, electrology, nail technology, or aesthetics or instructing in any of the professions for which a license is required under this chapter, is convicted a second or subsequent time of such offense, the fine assessed against such person shall be not less than $500 nor more than $1,000 for each subsequent offense thereafter.
(d) Where a person in violation of this section unlawfully practiced cosmetology, barbering, electrology, nail technology or aesthetics or instruction of these professions, the shop or school owner and/or manager shall, upon the first offense, be fined not less than $500 nor more than $1000, and shall pay all costs. Upon the second offense and each offense thereafter, the shop or school owner and/or manager shall be fined not less than $1000 nor more than $1500.
64 Del. Laws, c. 8, §  1;  69 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 299, §  2;  72 Del. Laws, c. 176, §§  1, 2;  77 Del. Laws, c. 65, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter I. Board of Cosmetology and Barbering › § 5121. Requirements for apprenticeships.

§ 5121. Requirements for apprenticeships.
(a) An individual who chooses to seek eligibility for the cosmetologist, barbering, electrology or nail technician examination by apprenticeship shall apply to the Board for an apprentice permit.
(b) The owner of a shop that employs apprentices shall submit to the Board, on a form provided by the Board, a quarterly report of the hours earned by each apprentice. The reports shall be submitted by the following dates:
April 15, July 15, October 15, and January 15.
(c) [Repealed.]
(d) An apprentice may not be the employer of the supervising licensee.
77 Del. Laws, c. 65, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 170, §  1;  82 Del. Laws, c. 8, § 19;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter I. Board of Cosmetology and Barbering › § 5122. Inspections.

§ 5122. Inspections.
(a) An agent of the Division may enter and inspect during business hours, without prior notice, any shop or school where cosmetology, barbering, electrology, nail technology or aesthetics services are offered, rendered or taught, or any other place where such services are offered, rendered or taught.
(b) An agent of the Division acting pursuant to subsection (a) of this section:
may inspect and copy records required to be kept by this chapter; may inspect within reasonable limits and in a reasonable manner the premises and all pertinent equipment; and may inspect other things therein, including records, files, papers and facilities relating to violation of this chapter.
(c) All information gathered under this section shall be kept confidential in accordance with all federal and state laws regarding privacy.
77 Del. Laws, c. 65, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter II. Aesthetician License › § 5123. Objectives.

§ 5123. Objectives.
The primary purpose for the licensing of aestheticians is to guarantee to the public that each licensed practitioner has achieved a minimum level of competence as an aesthetician.
69 Del. Laws, c. 178, §  1;  73 Del. Laws, c. 158, §  32;  77 Del. Laws, c. 65, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter II. Aesthetician License › § 5124. Definitions.

§ 5124. Definitions.
For the purpose of this subchapter:
(1) “Aesthetician” is person who practices any of the following:
a. Cleansing, stimulating, manipulating and beautifying skin by hand or mechanical or electric apparatus or appliance.
b. Application of lash extensions, additions or enhancements, including permanent waving and tinting.
c. Removal of superfluous hair.
d. Gives treatments to keep skin healthy and attractive.
An aesthetician is not authorized to prescribe medication or provide medical treatment in the same manner as a dermatologist.
(2) “Aesthetics shop” means any place or part thereof wherein aesthetics are performed for compensation, whether or not the establishment holds itself out as an aesthetic shop. This definition shall not apply to places where aesthetics are performed by licensed health care professionals acting within the scope of their licensed profession.
(3) “Apprentice in aesthetics” means any person who is engaged in the learning of any or all the practices of aesthetics from a practitioner licensed in the profession the apprentice is studying. The apprentice may perform or assist the licensed practitioner in any of the functions which the practitioner is certified to perform.
(4) “Board” means the Board of Cosmetology and Barbering.
(5) “School of aesthetics” shall mean any place or part thereof where aesthetics or any of the practices are taught, whether or not such place holds itself out as such.
69 Del. Laws, c. 178, §  1;  73 Del. Laws, c. 158, §  32;  77 Del. Laws, c. 65, §  1;  83 Del. Laws, c. 76, § 4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter II. Aesthetician License › § 5125. License requirement; applicability of chapter.

§ 5125. License requirement; applicability of chapter.
(a) No person shall engage in the practice of aesthetics, act as an instructor of aesthetics, or hold himself or herself out to the public as being qualified to practice aesthetics; or use in connection with the 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 aesthetics, or act as an instructor of aesthetics, unless such person has been duly licensed under this chapter.
(b) Whenever a license to practice as an aesthetician or act as an instructor of aesthetics has expired or been suspended or revoked, it shall be unlawful for the person to practice aesthetics or act as an instructor of aesthetics.
(c) A person may not seek a license or renewal of license by means of false or fraudulent actions or misrepresentations.
(d) No person, firm, corporation, partnership or other legal entity shall operate, maintain or use premises for the offering or rendering of any 1 or more of the services encompassed in the definition of aesthetics without first having secured a shop license from the Board. Applications for licensure shall be submitted on a form prescribed by the Board, together with the required fees set biennially by the Division of Professional Regulation. All aesthetics shops shall renew their licensure biennially, paying fees set by the Division of Professional Regulation. All aesthetics shops shall fully comply with all the rules and regulations promulgated by the Board as provided for in this chapter.
67 Del. Laws, c. 299, §  1;  69 Del. Laws, c. 178, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 158, §§  28, 29, 32, 34;  77 Del. Laws, c. 65, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter II. Aesthetician License › § 5126. Exemptions.

§ 5126. Exemptions.
Nothing in this subchapter shall prohibit:
(1) A licensed cosmetologist from performing services as an aesthetician;
(2) Persons authorized by the laws of this State to practice medicine and surgery, dentistry, chiropractic or similar professions, including registered nurses, licensed practical nurses, nurses' aides, physical therapists and physical therapy assistants from acting within the scope of their profession or occupation.
67 Del. Laws, c. 299, §  1;  69 Del. Laws, c. 178, §  1;  73 Del. Laws, c. 158, §  32;  77 Del. Laws, c. 65, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter II. Aesthetician License › § 5128. Examinations.

§ 5128. Examinations.
(a) Examinations for licensure as an aesthetician shall be professionally developed and used on a national basis.
(b) Examination services shall be contracted and approved by the Division of Professional Regulation.
(c) The Division of Professional Regulation or its designee shall administer the examination for licensure. Grading will be performed by the contracted testing service.
67 Del. Laws, c. 299, §  1;  69 Del. Laws, c. 178, §  1;  73 Del. Laws, c. 158, §  32;  77 Del. Laws, c. 65, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter II. Aesthetician License › § 5130. Fees.

§ 5130. Fees.
The amount to be charged for each fee imposed under this subchapter shall approximate and reasonably reflect all costs necessary to defray the proportional expenses incurred by the Division in its services pursuant to this subchapter. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this subchapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting on its behalf, shall compute, for each separate service or activity, the appropriate fees for the coming licensure biennium.
67 Del. Laws, c. 299, §  1;  69 Del. Laws, c. 178, §  1;  73 Del. Laws, c. 158, §§  31, 32;  77 Del. Laws, c. 65, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter II. Aesthetician License › § 5131. Reciprocity.

§ 5131. Reciprocity.
(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States whose standards for licensure are substantially similar to those of this State. An individual with a license from a state with less stringent requirements than those of this State may obtain a license through reciprocity if the individual can prove to the satisfaction of the Board that the individual has worked in another jurisdiction or jurisdictions in the field for which the individual is seeking a license in Delaware for a period of 3 out of the last 5 years immediately preceding application in this State. All applicants shall submit evidence verified by oath that, all states in which the applicant is or was licensed, the applicant's license is in good standing as defined in § 5127(a)(5), (6), (7) and (8) of this title.
(b) An applicant who took the applicable written examination in a language other than the English language shall demonstrate the ability to communicate in the English language as determined by board rules and regulations.
77 Del. Laws, c. 65, §  1;  79 Del. Laws, c. 170, §  1;  80 Del. Laws, c. 135, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter II. Aesthetician License › § 5132. Operation of aesthetics schools.

§ 5132. Operation of aesthetics schools.
(a) Any school which holds a current license to conduct a school for the purpose of teaching cosmetology and/or its branches, may apply for approval by the Board to teach a course pertaining to the principles of aesthetics. Every school shall at all times be in the charge, and under the immediate supervision, of an aesthetics instructor.
(b) All other schools shall be separately licensed and pay the prescribed fee.
(c) All aesthetics schools shall comply with the requirements of the Delaware Department of Education.
(d) All aesthetic schools must maintain compliance with § 5119 of this title, pertaining to cosmetology and barbering schools. All aesthetic schools must become accredited within 5 years of June 26, 2010, as provided in § 5119(h) of this title.
67 Del. Laws, c. 299, §  1;  69 Del. Laws, c. 178, §  1;  73 Del. Laws, c. 158, §  32;  77 Del. Laws, c. 65, §  1;  79 Del. Laws, c. 170, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter II. Aesthetician License › § 5133. Equipment.

§ 5133. Equipment.
Every school shall have, and shall maintain in good working condition, appropriate and sufficient equipment for its entire student body.
67 Del. Laws, c. 299, §  1;  69 Del. Laws, c. 178, §  1;  73 Del. Laws, c. 158, §  32;  77 Del. Laws, c. 65, §  1;  79 Del. Laws, c. 170, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter II. Aesthetician License › § 5134. Instructors.

§ 5134. Instructors.
(a) Aesthetic instructors shall have successfully completed an education equivalent to a twelfth grade education. Proof of the required education shall be a certified high school transcript or any other document or affidavit which constitutes reliable proof of educational attainment as determined by the Board. In addition, the applicant shall be licensed pursuant to this chapter and shall have completed a teacher training course, consisting of a minimum of 500 hours of instruction in a registered school of aesthetics, or at least 2 years' experience as an active licensed, practicing aesthetician, supplemented by at least 250 hours of instruction in a teacher training course. In addition, an aesthetics instructor shall have successfully passed an instructor examination designated by the Board in its rules and regulations. A licensed aesthetician who has been teaching aesthetics prior to enactment of this statute, and who provides the Board with proof, to the Board's satisfaction, of not less than 900 hours of teaching experience at a registered school of aesthetics, shall be exempted from this provision.
(b) As set forth in Board rules and regulations, foreign-trained applicants shall provide evidence satisfactory to the Board of training equivalent to that required in subsection (a) of this section, in addition to meeting all other requirements of this subchapter.
67 Del. Laws, c. 299, §  1;  69 Del. Laws, c. 178, §  1;  73 Del. Laws, c. 158, §  32;  77 Del. Laws, c. 65, §  1;  79 Del. Laws, c. 170, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 51. COSMETOLOGY AND BARBERING AND LICENSURE OF AESTHETICIANS › Subchapter II. Aesthetician License › § 5135. Course of study.

§ 5135. Course of study.
Each school of aesthetics shall maintain a course of study of not less than 600 hours, extending over a period of a maximum of 160 hours a month. Every school shall maintain regular class hours with a daily schedule.
67 Del. Laws, c. 299, §  1;  69 Del. Laws, c. 178, §  1;  73 Del. Laws, c. 158, §  32;  77 Del. Laws, c. 65, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter I. Board of Examiners of Nursing Home Administrators › § 5201. Objectives.

§ 5201. Objectives.
The primary objective of the Board of Examiners of Nursing Home Administrators, 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 when necessary against licensed practitioners.
64 Del. Laws, c. 159, §  2;  76 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter I. Board of Examiners of Nursing Home Administrators › § 5202. Definitions.

§ 5202. Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:
(1) “Board” shall mean the State Board of Examiners of Nursing Home Administrators established in this chapter.
(2) “Direct supervision” shall mean oversight on the premises of a nursing home.
(3) “Division” shall mean the State Division of Professional Regulation.
(4) “Excessive use or abuse of drugs” shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed health care provider, or the abuse of alcoholic beverage such that it impairs that nursing home administrator's ability to perform the work of a nursing home administrator.
(5) “Nursing home” shall mean any licensed residential health facility for aged, infirm, chronically ill or convalescent persons, excluding neighborhood homes and group homes licensed by the Division of Health Care Quality, that provides shelter and food to more than 4 persons who:
a. Because of their physical and/or mental condition require a level of care and services suitable to their needs to contribute to their health, comfort, and welfare; and
b. Who are not related within the second degree of consanguinity to the controlling person or persons of the facility.
(6) “Nursing home administrator” shall mean the individual licensed under this chapter to practice nursing home administration.
(7) “Nursing home administrator-in-training” or “AIT” shall mean an individual who is registered with the Board to obtain the experience for licensure under the direct supervision of a preceptor.
(8) “Person” shall mean an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, and any other legal entity and includes a legal successor of those entities.
(9) “Practice of nursing home administration” shall mean the performance of any act or the making of any decision involved in the planning, organizing, directing, or controlling of the operations of a nursing home, whether or not such acts are performed, or decisions made, by 1 or more persons.
(10) “Preceptor” shall mean a state-licensed nursing home administrator who is qualified under this chapter and approved by the Board to exercise direct supervision of a registered nursing home administrator-in-training.
(11) “State” shall mean the State of Delaware.
(12) “Substantially related' means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to nursing home administration.
64 Del. Laws, c. 159, §  2;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 262, §  94;  76 Del. Laws, c. 89, §  1;  81 Del. Laws, c. 209, § 10;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter I. Board of Examiners of Nursing Home Administrators › § 5204. Organization; meetings; officers; quorum.

§ 5204. Organization; meetings; officers; quorum.
(a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such times as the President deems necessary, or, at the request of a majority of Board members.
(b) The Board annually shall elect a President, Vice-President, and Secretary. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms.
(c) A majority of the members shall constitute a quorum for the purpose of transacting business. No disciplinary action shall be taken without the affirmative vote of at least 5 members of the Board.
(d) Minutes of all meetings shall be recorded and the Division of Professional Regulation shall maintain copies. At any hearing in which evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
64 Del. Laws, c. 159, §  2;  65 Del. Laws, c. 355, §  1;  67 Del. Laws, c. 366, §  18;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter I. Board of Examiners of Nursing Home Administrators › § 5205. Records.

§ 5205. Records.
The Division of Professional Regulation shall keep a register of all approved applications for license as a nursing home administrator, registration as a nursing home administrator-in-training, and license as an acting nursing home administrator, and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board's rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.
76 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter II. License › § 5207. License required.

§ 5207. License required.
(a) No person shall engage in the practice of nursing home administration or hold himself or herself out to the public in this State as being qualified to act as nursing home administrator; or use in connection with that person's own name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person is qualified to act as nursing home administrator, unless such person has been duly licensed under this chapter.
(b) Whenever a license to practice as a nursing home administrator in this State has expired or been suspended or revoked, it shall be unlawful for the person to act as a nursing home administrator in this State.
(c) No person shall act as a nursing home administrator-in-training, or hold out that that person is a nursing home administrator-in-training, unless such person has been duly registered by the Board under this chapter.
76 Del. Laws, c. 89, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter II. License › § 5208. Criminal history background checks.

§ 5208. Criminal history background checks.
(a) Applicants for original licensure, licensure by reciprocity, temporary licensure, registration, or licensure renewal shall submit, at the applicant's expense, fingerprints and other necessary information in order to obtain the following:
(1) A report of the applicant's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person; and
(2) A report of the applicant's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534).
(b) The State Bureau of Identification shall be the intermediary for purposes of this section and the Board of Examiners of Nursing Home Administrators shall be the screening point for the receipt of said federal criminal history records.
76 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter II. License › § 5210. Criteria for registration as a nursing home administrator-in-training; preceptors; requirements of supervision.

§ 5210. Criteria for registration as a nursing home administrator-in-training; preceptors; requirements of supervision.
(a) The Board may, upon the written request of a nursing home administrator who wishes to act as a preceptor, register an individual as a nursing home administrator-in-training under the following circumstances:
(1) The preceptor has submitted that preceptor's own request in a form approved by the Board;
(2) The preceptor has been licensed in this State or in any other jurisdiction for at least the 2 years immediately prior to date of the written request;
(3) The written request includes a clear statement by the preceptor agreeing to act as preceptor for the individual for whom that preceptor is seeking registration;
(4) The written request includes a clear statement by the preceptor of the specific functions and responsibilities that the individual for whom the preceptor is seeking registration will perform;
(5) The written request includes a clear statement by both the preceptor and the individual for whom that preceptor is seeking registration indicating that the individual has met the requirements of § § 5208 and 5209(a)(4) through (a)(6) of this title; and
(6) The written request includes, as attachments when necessary, evidence satisfactory to the Board supporting the veracity of the statement required by paragraph (a)(5) of this section.
(b) Persons presented to the Board by a preceptor shall provide a notarized statement to the Board that they will:
(1) Only perform those specific functions which have been delineated in the preceptor's statement;
(2) Only practice under the direct supervision of a preceptor; and
(3) Not represent themselves to the public, residents, or patients as licensed nursing home administrators.
(c) The preceptor shall be responsible and available to provide direction, observation, aid, training, and instruction to the administrator-in-training, including the submission of progress reports. This is an interactive process between the preceptor and the administrator-in-training intended to ensure the extent, quality, and scope of experience of the duties performed as a nursing home administrator.
(d) The Board, in its regulations, shall determine the number of nursing home administrators-in-training that a preceptor may supervise and the requirements of their supervision.
76 Del. Laws, c. 89, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter II. License › § 5212. Administrator-in-Training Program.

§ 5212. Administrator-in-Training Program.
The Board shall approve an Administrator-In-Training Program that complies with the guidelines of the National Association of Boards of Long-Term Care Administrators (NAB), and contains at a minimum the following:
(1) Introduction and orientation;
(2) Admission procedures;
(3) Medical records requirements;
(4) Resident rights;
(5) Administration;
(6) Food service;
(7) Nursing;
(8) Housekeeping/maintenance/janitorial;
(9) Medical and allied health;
(10) Recreation;
(11) Rehabilitation services;
(12) Social services;
(13) Disaster/emergency services;
(14) Medicare/Medicaid;
(15) Professional ethics; and
(16) Applicable state and federal laws and regulations.
76 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter II. License › § 5213. Reciprocity.

§ 5213. Reciprocity.
Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board:
(1) The Board shall grant a license to each applicant who presents proof of current licensure in “good standing” in another state, the District of Columbia, or territory of the United States, whose standards for licensure are substantially similar to those of this State; and
(2) The Board may grant a license to an applicant who presents proof of current licensure in “good standing” in another state, the District of Columbia, or territory of the United States, whose standards are not substantially similar to those of this state, provided that the applicant shall have practiced in that state for a minimum of 3 years after licensure; and provided further that the applicant would not be prohibited from being licensed pursuant to this chapter because of that applicant's criminal or administrative record, any impairment related to drugs or alcohol, or mental incompetence.
64 Del. Laws, c. 159, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter II. License › § 5214. Fees.

§ 5214. 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. At the beginning of each licensure biennium, the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.
64 Del. Laws, c. 159, §  2;  76 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter II. License › § 5215. Issuance and renewal of licenses.

§ 5215. Issuance and renewal of licenses.
(a) The Board shall issue a license to each applicant, who meets the requirements of this chapter for licensure as a nursing home administrator and who pays the fee established under § 5214 of this title.
(b) Each license shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation, and upon payment of the appropriate fee and submission of a renewal form provided by the Division of Professional Regulation, and proof that the licensee has met the continuing education requirements established by the Board.
(c) The Board, in its rules and regulations, shall determine the period of time within which a licensed nursing home administrator may still renew that administrator's own license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date.
(d) A licensee, upon written request, may be placed in an inactive status in accordance with the Board's rules and regulations. Such person may reenter practice upon written notification to the Board of the intent to do so and completion of continuing education as required in the Board's rules and regulations. The renewal fee of such person shall be prorated according to the amount of time such person was inactive.
64 Del. Laws, c. 159, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter II. License › § 5217. Complaints.

§ 5217. Complaints.
(a) All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.
(b) When it is determined that an individual is engaging, or has engaged, in the practice of nursing home administration, or is using the title “nursing home administrator” or other title implying that the individual is competent to act as a “nursing home administrator” and is not licensed under the laws of this State, the Board shall apply to the Office of the Attorney General to issue a cease and desist order.
64 Del. Laws, c. 159, §  2;  65 Del. Laws, c. 355, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter II. License › § 5218. Disciplinary sanctions.

§ 5218. Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 5216 of this title applies to a practitioner regulated by this chapter:
(1) Issue a letter of reprimand;
(2) Censure a practitioner;
(3) Place a practitioner on probationary status, and require the practitioner to:
a. Report regularly to the Board upon the matters, which are the basis of the probation;
b. Limit all practice and professional activities to those areas prescribed by the Board;
(4) Suspend any practitioner's license;
(5) Revoke any practitioner's license;
(6) Impose a monetary penalty not to exceed $500 for each violation.
(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies, which required such action, have been remedied.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
(d) When a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety.
64 Del. Laws, c. 159, §  2;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 262, §  96;  75 Del. Laws, c. 436, §  51;  76 Del. Laws, c. 89, §  1;  79 Del. Laws, c. 213, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter II. License › § 5219. Hearing procedures.

§ 5219. Hearing procedures.
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 5216 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) All hearings shall be informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that action or actions constituting grounds for discipline have been proven, 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) If 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 whichever is greater. Stays shall be granted in accordance with § 10144 of Title 29.
64 Del. Laws, c. 159, §  2;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 89, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter II. License › § 5220. Reinstatement of a suspended license; removal from probationary status.

§ 5220. 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 has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation.
(b) Applicants for reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate.
(c) [Repealed.]
64 Del. Laws, c. 159, §  2;  74 Del. Laws, c. 262, §  97;  76 Del. Laws, c. 89, §  1;  82 Del. Laws, c. 8, § 20;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 52. NURSING HOME ADMINISTRATORS › Subchapter III. Other Provisions › § 5221. Exemptions.

§ 5221. Exemptions.
Nothing in this chapter shall be construed to prevent the practice of nursing home administration by persons registered with the Board and working under the direct supervision of a Delaware licensed nursing home administrator; such licensed nursing home administrator shall be responsible for the activities of the unlicensed person practicing nursing home administration in this State.
64 Del. Laws, c. 159, §  2;  76 Del. Laws, c. 89, §  1;