reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter IV. Pharmacies › § 2537. Conditions of nonresident pharmacy's permit to conduct business in this State.

§ 2537. Conditions of nonresident pharmacy's permit to conduct business in this State.
(a) A nonresident pharmacy shall:
(1) Provide the location, names, and titles of all principal corporate officers and of all pharmacists who dispense prescription drugs in this State. This information must be provided to the Board upon application for a nonresident pharmacy's permit to conduct business in this State and within 30 days after a change of office location or after the addition or removal of a principal corporate officer or a pharmacist;
(2) Certify that it complies with all lawful directions and requests for information from regulatory or licensing agencies of the state in which it is licensed and that it will comply with all such requests made by the Board pursuant to this chapter. The nonresident pharmacy shall maintain at all times a valid license, permit, or registration to operate the pharmacy, which complies with the laws of the state in which it is physically located. The nonresident pharmacy shall maintain patient profiles in compliance with Board regulations, shall comply with the provisions of § 2549 of this title, and shall provide pertinent patient information. Prior to being issued a permit, the nonresident pharmacy must provide the Board with a copy of its most recent inspection report and, thereafter, must provide the Board with inspection reports within 60 days after receipt from the regulatory licensing agency of the state in which the nonresident pharmacy is physically located;
(3) Certify that it maintains its records of prescription drugs dispensed to Delaware patients in a way that the records are readily retrievable from the records of drugs dispensed to other patients;
(4) Provide a local or a toll-free telephone service, staffed by a registered pharmacist, during its regular hours of operation, but not less than 6 days per week for a minimum of 40 hours per week, to facilitate communication between patients in this State and pharmacists at the nonresident pharmacy who have access to patient records. The toll-free telephone number must appear on the label affixed to each container of prescription drugs dispensed to patients in this State;
(5) Pay the permit application or renewal fee for a nonresident pharmacy as set by the Board pursuant to § 2511 of this title.
(b) The Board shall report any disciplinary action it takes against a nonresident pharmacy to the Board in the state where the pharmacy is physically located.
68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter IV. Pharmacies › § 2538. Nonresident pharmacies: violations; penalties.

§ 2538. Nonresident pharmacies:
violations; penalties.
(a) The Board may suspend or revoke the permit to conduct business in this State of a nonresident pharmacy permit holder who violates federal law or any state's law, any of the conditions of the permit, or any of the rules or regulations adopted by the Board. The Board may impose an administrative penalty of not more than $50 for each day a violation occurs and/or continues.
(b) A person who operates a pharmacy located outside the State and delivers in any manner a prescription drug into the State without having obtained a permit to conduct business in this State pursuant to this chapter commits the offense of operating a nonresident pharmacy without a permit and may be fined not more than $50 for each day that the offense occurs and/or continues.
24 Del. C. 1953, §  2564;  53 Del. Laws, c. 90, §  26;  58 Del. Laws, c. 244, §  1;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter V. Pharmaceutical Establishments Other Than Pharmacies › § 2540. Requirements for pharmaceutical activities not carried on in a pharmacy.

§ 2540. Requirements for pharmaceutical activities not carried on in a pharmacy.
(a) Drugs, toilet preparations, dentifrices, and cosmetics may not be manufactured, packed, packaged, or distributed within this State unless done so under the personal and immediate supervision of a person approved by the Board after investigation and determination by the Board that the person is qualified by scientific or technical training, education, or experience to perform the duties of supervision that are necessary to protect public health, safety, and welfare.
(b) A person may not operate a pharmaceutical establishment to manufacture, pack, package, or distribute on a wholesale basis to persons other than the ultimate consumer any drugs, toilet preparations, dentifrices, or cosmetics without first obtaining from the Board a permit to operate a pharmaceutical establishment. This subchapter also applies to the activities of a reverse distributor who acts as an agent for a person permitted to operate a pharmaceutical establishment by receiving, inventorying, and managing the disposition of outdated or otherwise nonsalable drugs. A permit issued pursuant to this subchapter must be available for inspection by authorized persons.
(c) A person who has a permit to operate a pharmaceutical establishment is subject to Board rules and regulations with respect to the storage and handling of drugs and to the establishment and maintenance of drug distribution records, and must comply with federal, state, and local law.
(d) A permit to operate a pharmaceutical establishment issued pursuant to this subchapter terminates automatically upon a transfer of the controlling interest in the pharmaceutical establishment, upon the termination of the pharmaceutical establishment's legal existence, or upon the discontinuance of business or professional practice.
(e) Nothing in this subchapter may be construed to apply to pharmacies.
Code 1935, §  956B;  41 Del. Laws, c. 87, §  3;  24 Del. C. 1953, §  2571;  53 Del. Laws, c. 90, §  28;  59 Del. Laws, c. 318, §  6;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter V. Pharmaceutical Establishments Other Than Pharmacies › § 2541. Application and fee for a permit to operate a pharmaceutical establishment.

§ 2541. Application and fee for a permit to operate a pharmaceutical establishment.
(a) The application for a permit to operate a pharmaceutical establishment must be made on a form furnished by the Board and must be accompanied by an application fee and/or permit fee established pursuant to § 2511 of this title. A separate permit is required for each location. The permit must be available for inspection by authorized persons. The Executive Secretary, jointly with the Board president, may issue a temporary, 60-day permit to operate an otherwise qualified pharmaceutical establishment while the application for a permanent permit is pending. The Board may grant 1 60-day extension of a temporary permit.
(b) An applicant may not be licensed until its key personnel submit fingerprints and other necessary information in order to obtain a report of the individuals' entire criminal history record from the State Bureau of Identification and from the Federal Bureau of Investigation pursuant to Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C § 534). If the applicant's key personnel do not have a criminal history record, the applicant shall cause to be submitted a statement from each agency that the agency has no record of criminal history information relating to the individual. The State Bureau of Identification shall be the intermediary for the purpose of this subsection and the Board of Pharmacy, or its designee, shall be the screening point for the receipt of the federal criminal history record. The applicant is responsible for the required fee, if any, for obtaining the records.
Code 1935, §  956B;  41 Del. Laws, c. 87, §  3;  24 Del. C. 1953, §  2572;  53 Del. Laws, c. 90, §  29;  53 Del. Laws, c. 108, §  28;  59 Del. Laws, c. 318, §§  7, 8;  62 Del. Laws, c. 251, §  18;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;  79 Del. Laws, c. 277, §  14;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter V. Pharmaceutical Establishments Other Than Pharmacies › § 2542. Renewal of permit.

§ 2542. Renewal of permit.
A permit to operate a pharmaceutical establishment must be renewed biennially in a manner determined by the Division, including the payment of the renewal fee established pursuant to § 2511 of this title.
Code 1935, §  956B;  41 Del. Laws, c. 87, §  3;  24 Del. C. 1953, §  2573;  53 Del. Laws, c. 90, §  30;  62 Del. Laws, c. 251, §§  19, 20;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter V. Pharmaceutical Establishments Other Than Pharmacies › § 2543. Hearings and appeals to Superior Court.

§ 2543. Hearings and appeals to Superior Court.
A person aggrieved by a Board decision made pursuant to this subchapter has the substantive and procedural rights to notice, hearing, and appeal described in § 2531 of this title.
Code 1935, §  956B;  41 Del. Laws, c. 87, §  3;  24 Del. C. 1953, §§  2575, 2576;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter V. Pharmaceutical Establishments Other Than Pharmacies › § 2544. Inspections.

§ 2544. Inspections.
Inspections of pharmaceutical establishments are conducted in the same manner as inspections of pharmacies pursuant to § 2534 of this title and, in addition, include the inspection of and activities related to toilet preparations, dentifrices, and cosmetics.
Code 1935, §  956D;  41 Del. Laws, c. 87, §  5;  24 Del. C. 1953, §  2574;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 149, §  215;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter V. Pharmaceutical Establishments Other Than Pharmacies › § 2545. Penalties.

§ 2545. Penalties.
(a) The Board may suspend or revoke a permit to operate a pharmaceutical establishment if the permit holder violates federal law or any state's law, any of the conditions of the permit, or any of the rules or regulations adopted by the Board relating to the operation of a pharmaceutical establishment. The Board may impose an administrative penalty of not more than $50 for each day a violation occurs and/or continues to occur.
(b) A person who commits the offense of operating a pharmaceutical establishment without a permit may be fined not more than $50 for each day that the offense occurs and/or continues to occur.
Code 1935, §  956B;  41 Del. Laws, c. 87, §  3;  24 Del. C. 1953, §  2577;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter VI. Prohibited Acts; Penalties Generally; Enforcement › § 2546. Use of certain descriptive titles.

§ 2546. Use of certain descriptive titles.
Nothing in this chapter may be construed to prohibit the use of the phrase “proprietary medicine store,” “patent medicine store,” or “health and beauty aids.”
Code 1915, §  872;  32 Del. Laws, c. 45, §  2;  Code 1935, §  952;  24 Del. C. 1953, §  2581;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter VI. Prohibited Acts; Penalties Generally; Enforcement › § 2547. Entry and inspection; penalty.

§ 2547. Entry and inspection; penalty.
A person who commits the offense of hindering in any manner an entry or inspection under § 2534 or § 2544 of this title may be fined not more than $500 for each incident.
Code 1935, §  956D;  41 Del. Laws, c. 87, §  5;  24 Del. C. 1953, §  2585;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter VI. Prohibited Acts; Penalties Generally; Enforcement › § 2548. Jurisdiction.

§ 2548. Jurisdiction.
Justices of the peace have jurisdiction over violations of this chapter.
34 Del. Laws, c. 71;  Code 1915, §  874A;  Code 1935, §§  955, 956E;  41 Del. Laws, c. 87, §  6;  46 Del. Laws, c. 143, §  1;  24 Del. C. 1953, §  2586;  49 Del. Laws, c. 220, §  27;  68 Del. Laws, c. 206, §  1;  69 Del. Laws, c. 423, §  23;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter VI. Prohibited Acts; Penalties Generally; Enforcement › § 2549. Substitution of drugs.

§ 2549. Substitution of drugs.
(a) When a pharmacist receives a prescription drug order from a practitioner for a brand or trade name drug, the pharmacist may dispense a therapeutically equivalent drug if the following conditions are met:
(1) The practitioner, in the case of a written prescription, places that practitioner's own signature on the signature line along side or above the words “substitution permitted” pursuant to subsection (c) of this section; or, in the case of a verbal prescription or a verbal prescription reduced to writing, the practitioner states that the substitution may be made; or, in the case of an order written in an institution licensed by the Department of Health and Social Services pursuant to Chapter 10 or Chapter 11 of Title 16, the practitioner has given written authorization to fill all prescription drug orders with therapeutically equivalent drugs unless otherwise indicated;
(2) The pharmacist informs the patient or the patient's adult representative that a therapeutically equivalent drug has been dispensed;
(3) The pharmacist indicates on the prescription and on the prescription label the name of the manufacturer or distributor of the therapeutically equivalent drug substituted unless the practitioner indicates otherwise.
(b) Unauthorized dispensing of a therapeutically equivalent drug in violation of this section is punishable by a fine of not less than $500 nor more than $1,000 or by a term of imprisonment of not less than 30 days nor more than 1 year, or both a fine and a term of imprisonment.
(c) Every prescription written in this State by a practitioner must be on a prescription form containing a line for the practitioner's signature. Alongside or beneath the signature line the words “Substitution Permitted” must be clearly printed. Beneath the signature line the following statement must be clearly printed:
“In order for a brand name product to be dispensed, the prescriber must handwrite ‘Brand Necessary' or ‘Brand Medically Necessary' in the space below.”
A second line to accommodate the above-mentioned wording must be provided beneath the statement. Prescription forms containing the appropriate signature line and statement must be used by every practitioner in this State who prescribes drugs.
24 Del. C. 1953, §  2589;  53 Del. Laws, c. 90, §  33;  60 Del. Laws, c. 330, §§  1-3;  62 Del. Laws, c. 161, §  1;  63 Del. Laws, c. 48, §§  1, 2;  65 Del. Laws, c. 378, §  5;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 149, §  216;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 311, §  1;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter VI. Prohibited Acts; Penalties Generally; Enforcement › § 2549A. Dispensing and substitution of biological products.

§ 2549A. Dispensing and substitution of biological products.
(a) A pharmacist may substitute for a prescribed biological product only if:
(1) The practitioner has not expressly prohibited substitution in a manner specified in § 2549 of this title;
(2) The product to be substituted has been designated by the Federal Food and Drug Administration as interchangeable with or therapeutically equivalent to the prescribed product;
(3) The pharmacist informs the patient or the patient's adult representative that an interchangeable biological product has been dispensed; and
(4) The pharmacist indicates on the prescription and on the prescription label the name of the manufacturer of the interchangeable biological product substituted unless the practitioner indicates otherwise.
(b) If a biological product is dispensed, the pharmacist or the pharmacist's designee shall, within a reasonable time but not to exceed 10 days following dispensing, communicate to the practitioner the name and manufacturer of the biological product dispensed, by:
(1) Recording such information in an interoperable electronic health records system shared with the prescribing practitioner, to the extent such a system is in place between a pharmacist and practitioner; or
(2) In the case where electronic health records are not in place between a pharmacist and a practitioner, communicating such information to the practitioner using any prevailing means available. No communication is required under this subsection where there is no interchangeable or therapeutically equivalent biological product for the prescribed biological product, or where a refill prescription is not changed from the biological product originally dispensed.
(c) The pharmacy shall maintain a record of the biological product dispensed as required in § 2532 of this title.
(d) The Board of Pharmacy shall maintain a link on its web site to the current list of all biological products determined by the Federal Food and Drug Administration to be interchangeable with a specific biological product.
(e) Hospital pharmacies shall be exempt from the requirements of subsection (b) of this section.
79 Del. Laws, c. 238, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter VI. Prohibited Acts; Penalties Generally; Enforcement › § 2550. Emergency refills of noncontrolled drugs.

§ 2550. Emergency refills of noncontrolled drugs.
(a) A pharmacist may dispense an emergency supply of a noncontrolled drug to a patient whose refill authorization has expired if:
(1) The supply dispensed is the minimum needed for the emergency period;
(2) The pharmacist has attempted to reach the prescribing practitioner and has determined that the prescribing practitioner is not available;
(3) The medication is, in the pharmacist's professional judgment, essential for the continuation of therapy for a chronic condition; and
(4) The prescription was originally dispensed at the pharmacy.
(b) If a pharmacist dispenses an emergency supply of a noncontrolled drug pursuant to subsection (a) of this section:
(1) The refill date, quantity dispensed, and pharmacist's initials must appear on the patient profile; and
(2) The prescribing practitioner must be notified either in writing or verbally about the pharmacist's action, and the date of the notification must be documented on the patient profile.
(c) A prescription may be refilled with an emergency supply pursuant to this section only 1 time.
68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter VII. Pharmacy Peer Review › § 2551. Immunity of officials reviewing prescription records and pharmacists' work.

§ 2551. Immunity of officials reviewing prescription records and pharmacists' work.
The members of the Board and pharmacists who are members of pharmacy peer review committees whose functions are to review prescription records and pharmacists' work with the view to the validity, quality, and appropriateness of service are jointly and severally immune from liability for any claim or cause of action, civil and criminal, arising from an act or omission if the act or omission complained of was done in good faith and without gross or wanton negligence by any member or members acting individually or jointly in carrying out the responsibilities, authority, duties, powers, and privileges of the offices conferred by law upon them under this chapter or under any other provision of law or under rules and regulations of the Board or committees, with good faith being presumed until proven otherwise and with gross or wanton negligence required to be shown by the complainant.
24 Del. C. 1953, §  2591;  59 Del. Laws, c. 108, §  1;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26. PHYSICAL THERAPY AND ATHLETIC TRAINING › § 2601. Objectives of Board.

§ 2601. Objectives of Board.
The primary objective of the Examining Board of Physical Therapists and Athletic Trainers, to which all other objectives and purposes are secondary, is to protect the general public (especially those persons who are direct recipients of services regulated by this chapter) from unsafe practices and from occupational practices which tend to reduce competition or to 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 regulated practitioners of occupational groups under the jurisdiction of the Board; shall adjudicate at formal complaint hearings; shall develop rules and regulations; and shall impose sanctions where necessary against persons in the occupational groups regulated by the Board.
64 Del. Laws, c. 192, §  1;  74 Del. Laws, c. 381, §  7;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26. PHYSICAL THERAPY AND ATHLETIC TRAINING › § 2603A. Organization; meetings; officers; quorum.

§ 2603A. Organization; meetings; officers; quorum.
(a) The Board shall elect annually from its membership a Chairperson, a Vice-Chairperson, and a Secretary. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms.
(b) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such times as the Chairperson deems necessary, or at the request of a majority of the members of the Board.
(c) A majority of the members of the Board shall constitute a quorum for the purpose of transacting business and no action shall be taken without the affirmative vote of a majority of the quorum. No disciplinary action shall be taken without the affirmative vote of a majority of the members of the Board.
(d) Minutes of all meetings shall be recorded and the Division shall maintain copies. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
79 Del. Laws, c. 406, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26. PHYSICAL THERAPY AND ATHLETIC TRAINING › § 2603B. Records.

§ 2603B. Records.
The Division shall keep a register of all approved applications for licenses under this chapter and complete records relating to meetings of the Board, rosters, changes, and additions to the Board's rules and regulations, complaints, hearings, and such other matters as the Board shall determine. Such records are prima facie evidence of the proceedings of the Board.
79 Del. Laws, c. 406, §  3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26. PHYSICAL THERAPY AND ATHLETIC TRAINING › § 2607. Issuance and renewal of licenses; inactive status; misrepresentation.

§ 2607. Issuance and renewal of licenses; inactive status; misrepresentation.
(a) The Board shall issue a license to each physical therapist applicant, physical therapist assistant applicant, or athletic trainer applicant who satisfies the requirements for licensure set forth in this chapter and rules and regulations promulgated hereunder.
(b) Each application for license under this chapter shall be accompanied by a fee set forth in the Board's rules and regulations. Licenses shall expire biennially on January 1 and may be renewed online upon payment of a renewal fee along with evidence of continuing education courses as may be required by the rules and regulations set forth by the Board. If the renewal fee is not paid by the expiration date, a license shall automatically expire. A license which has thus expired may, within 5 years of its expiration date, be renewed upon the payment to the Board of the sum set forth in rules and regulations of the Board for each year or part thereof during which the license was expired. Reactivation of an expired license more than 5 years after its expiration date may be renewed only by complying with the provisions herein relating to the issuance of an original license.
(c) The Board shall also keep an inactive register. Any person who has been registered in this State who is not actively engaged in the practice of physical therapy or athletic training in this State may, upon request, be placed on the inactive register. Provisions for inactive status shall be set by the Board.
(d) Any applicant who knowingly or wilfully makes a false statement of fact in making an application under this chapter shall be subject to prosecution for perjury.
24 Del. C. 1953, §§  2612, 2614;  50 Del. Laws, c. 367, §  1;  53 Del. Laws, c. 108, §  29;  58 Del. Laws, c. 330, §  3;  60 Del. Laws, c. 679, §  5;  62 Del. Laws, c. 372, §  3;  64 Del. Laws, c. 192, §  1;  67 Del. Laws, c. 97, §  12;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 125, §  4;  79 Del. Laws, c. 406, §  8;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26. PHYSICAL THERAPY AND ATHLETIC TRAINING › § 2608. Examination.

§ 2608. Examination.
The Board, in its rules and regulations, shall designate the national examinations for licensure as a physical therapist, physical therapist assistant, or athletic trainer.
24 Del. C. 1953, §  2608;  50 Del. Laws, c. 367, §  1;  64 Del. Laws, c. 192, §  1;  67 Del. Laws, c. 97, §  13;  73 Del. Laws, c. 125, §§  5, 6;  79 Del. Laws, c. 406, §  9;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26. PHYSICAL THERAPY AND ATHLETIC TRAINING › § 2609. Fees.

§ 2609. Fees.
The amount charged for fees imposed under this chapter shall approximate and reasonably reflect costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each biennium year, the Division, or another state agency acting on its behalf, shall compute the appropriate fee for each separate service or activity.
79 Del. Laws, c. 406, §  7;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26. PHYSICAL THERAPY AND ATHLETIC TRAINING › § 2610. Reciprocity.

§ 2610. 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, and who, in addition:
(1) Meets the criteria for current licensure in good standing as defined in § 2606(a)(4)-(a)(6) and (a)(9) of this title and § 2606(a)(10) of this title [repealed]; and
(2) Has received the passing score on the national examination designated by the Board, for practice as a physical therapist, physical therapy assistant or athletic trainer; and
(3) Has submitted, at the applicant's expense, fingerprints and other necessary information in order to obtain the following:
a. A report of the applicant's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person.
b. A report of the applicant's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Board shall be the screening point for the receipt of said federal criminal history records.
(b) In addition to meeting the requirements of § 2606(a)(4)-(a)(6) and (a)(9) of this title and § 2606(a)(10) of this title [repealed], foreign-trained applicants must also meet the requirements of § 2606(b) of this title.
(c) In the event a physical therapist, physical therapy assistant or athletic trainer, who previously was licensed in Delaware and who has let his or her license lapse, is applying for licensure under this subsection, the Board shall grant a license to such applicant, subject to subsection (a) of this section and completion of continuing education requirements, upon payment of the appropriate fee, and on submission of a written application on forms provided by the Board.
(d) An applicant may not be licensed until the applicant's criminal history reports have been produced. An applicant whose record shows a prior criminal conviction for a crime that is substantially related to the practice of physical therapy or athletic training may not be licensed by the Board unless a waiver is granted pursuant to § 2606(a)(6) of this title.
24 Del. C. 1953, §  2610;  50 Del. Laws, c. 367, §  1;  58 Del. Laws, c. 330, §  5;  60 Del. Laws, c. 679, §  3;  62 Del. Laws, c. 372, §  2;  64 Del. Laws, c. 192, §  1;  67 Del. Laws, c. 97, §  15;  70 Del. Law, c. 186,, §  1;  71 Del. Laws, c. 291, §  2;  75 Del. Laws, c. 436, §  28;  79 Del. Laws, c. 406, §  11;  83 Del. Laws, c. 433, § 17;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26. PHYSICAL THERAPY AND ATHLETIC TRAINING › § 2611. Temporary license.

§ 2611. Temporary license.
(a) Upon submission of a written application on forms provided by the Board, the Board may issue a temporary license to a person who has applied for licensure under this chapter and who, in the judgment of the Board, is eligible to take the examination provided for in § 2608 of this title. In the case of physical therapists, physical therapist assistants, or athletic trainers, such temporary licensure may be available to an applicant only with respect to the applicant's first application for licensure. In the case of physical therapists and physical therapist assistants, the applicant may use the temporary licensure only while under the direct supervision of a licensed physical therapist. In a clinical setting, the athletic trainer applicant may use the temporary licensure only while under the direct supervision of a licensed physical therapist. In a nonclinical setting, the athletic trainer applicant may use the temporary licensure only while under the direct supervision of a licensed athletic trainer. Such temporary license shall expire automatically upon the failure of a licensure examination, and upon such expiration, the temporary license shall be surrendered to the Board and may not be renewed. In all other cases, a temporary license may be renewed only once.
(b) Upon payment to the Board of a fee and the submission of a written application on forms provided by it the Board, at its discretion, may issue a temporary license to practice physical therapy in this State, without examination, to a person requesting endorsement or who provides evidence to the Board that such person is in this State on a temporary basis to exist in a medical emergency or to engage in a special project or teaching assignment relating to physical therapy practice. Such temporary license shall expire at a time determined by the Board; however, such temporary license shall not be issued for a period of more than 1 year.
24 Del. C. 1953, §  2611;  50 Del. Laws, c. 367, §  1;  60 Del. Laws, c. 679, §  4;  64 Del. Laws, c. 192, §  1;  67 Del. Laws, c. 97, §  16;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 125, §§  7, 8;  79 Del. Laws, c. 406, §  12;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26. PHYSICAL THERAPY AND ATHLETIC TRAINING › § 2613. False representation of professional title.

§ 2613. False representation of professional title.
(a) It shall be unlawful for any person, or for any business entity, its employees, agents or representatives to use in connection with its name or business activity the words “physical therapy,” “physical therapist,” “physiotherapy,” “physiotherapist,” “aquatic therapist,” “hydrotherapist,” “registered physical therapist,” “licensed physical therapist,” “physical therapist assistant,” “athletic training,” “athletic trainer,” “trainer,” “certified athletic trainer,” “licensed athletic trainer,” the letters “PT,” “LPT,” “DPT,” “RPT,” “PTA,” “AT,” “LAT,” or any words, letters, abbreviations or insignia indicating or implying directly or indirectly physical therapy services or athletic training services or to bill for physical therapy or athletic training unless such services are provided by a physical therapist or athletic trainer licensed and practicing in accordance with this chapter.
(b) While rendering patient care as an employee of a hospital, clinic, group practice or multi-professional facility, or at a commercial establishment offering health services to the public, a person holding a license pursuant to this chapter shall wear an identification badge, lab coat, or other means of identification stating that person's professional title.
64 Del. Laws, c. 192, §  1;  67 Del. Laws, c. 97, §  18;  75 Del. Laws, c. 398, §§  1, 2;  79 Del. Laws, c. 406, §  14;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26. PHYSICAL THERAPY AND ATHLETIC TRAINING › § 2614. Use of professional title.

§ 2614. Use of professional title.
(a) Any person who holds a license pursuant to this chapter as a physical therapist may use the word “physical therapist” or the letters “PT” in connection with the person's name or place of business to denote licensure hereunder. Any person who holds a license pursuant to this chapter as a physical therapist assistant may use the words “physical therapist assistant” and may use the letters “PTA” in connection with the person's name to denote licensure hereunder.
(b) Any person who holds a license pursuant to this chapter as an athletic trainer may use the words “licensed athletic trainer” and may use the letters “LAT” in connection with the person's name to denote licensure hereunder.
64 Del. Laws, c. 192, §  1;  67 Del. Laws, c. 97, §  19;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 398, §  3;  79 Del. Laws, c. 406, §  15;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26. PHYSICAL THERAPY AND ATHLETIC TRAINING › § 2615. Rules and regulations; authorized services and acts.

§ 2615. Rules and regulations; authorized services and acts.64 Del. Laws, c. 192, §  1;  67 Del. Laws, c. 97, §  20;  70 Del. Laws, c. 186, §  1;  repealed by 79 Del. Laws, c. 406, § 16, eff. Aug. 12, 2014.;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26. PHYSICAL THERAPY AND ATHLETIC TRAINING › § 2617. Fees and revenues.

§ 2617. Fees and revenues.24 Del. C. 1953, §  2616;  53 Del. Laws, c. 108, §  30;  64 Del. Laws, c. 192, §  1;  65 Del. Laws, c. 380, §  3;  73 Del. Laws, c. 125, §  12;  repealed by 79 Del. Laws, c. 406 § 18, eff. Aug. 12, 2014.;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26. PHYSICAL THERAPY AND ATHLETIC TRAINING › § 2618. Penalties and jurisdiction.

§ 2618. Penalties and jurisdiction.
(a) Where the Board has determined that a person is engaged in a practice regulated by this chapter without having lawfully obtained a license, or that a person previously licensed under this chapter is engaged in a practice regulated by this chapter notwithstanding that the person's license has been suspended or revoked, the Board shall make complaint to the Attorney General and may issue a cease and desist order. The complaint and/or order shall include all evidence known to, or in the possession of the Board.
(b) Whoever violates this chapter or a cease and desist order issued by the Board shall be fined not less than $100 nor more than $1,000. Each day a violation continues shall constitute a separate offense.
(c) (1) Justices of the peace in the county in which the offense is alleged to have occurred shall have jurisdiction over any violation of this chapter.
(2) Any person convicted of any such offense before a Justice of the Peace may appeal to the Court of Common Pleas in the county in which the conviction was had upon giving bond in the sum of $200 to the State with surety satisfactory to such Justice, provided the appeal is taken and bond given within 7 days from the time of the conviction.
(d) A violation of this chapter shall be cause for revocation of any license issued thereunder, notwithstanding that the same violation may constitute a misdemeanor or felony.
68 Del. Laws, c. 71, §  3;  69 Del. Laws, c. 423, §  24;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 406, §  20;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26. PHYSICAL THERAPY AND ATHLETIC TRAINING › § 2619. Treatment or examination of minors.

§ 2619. Treatment or examination of minors.
(a) A parent, guardian or other caretaker, or an adult staff member, shall be present when a person licensed to practice physical therapy or athletic training under this chapter provides treatment to a minor patient involving the inspection, palpation, or treatment of the female breasts, or female or male genitalia or rectum, regardless of sex of the licensed person and patient, except when rendering care during an emergency. When using an adult staff member to observe the treatment or examination, the adult staff member shall be of the same gender as the patient when practicable. The minor patient may decline the presence of a third person only with consent of a parent, guardian or other caretaker. The minor patient may request private consultation with the person licensed to practice physical therapy or athletic training without the presence of a third person after the physical examination.
(b) When a minor patient's evaluation or treatment requires inspection or palpation involving the female breasts, or female or male genitalia or rectum, a person licensed to practice physical therapy or athletic training under this chapter shall provide notice to the person providing consent to treatment of the rights under this section. The notice shall be provided in written form or be conspicuously posted in a manner in which minor patients and their parent, guardian or other caretaker are made aware of the notice. In circumstances in which the posting or the provision of the written notice would not convey the right to have a chaperone present, the person licensed to practice physical therapy or athletic training shall use and document another means to ensure that the person understands the right under this section.
(c) For the purposes of this section, “minor” is defined as a person 15 years of age or younger, “adult staff member” is defined as a person 18 years of age or older who is acting under the direction of the licensed person or the employer of the licensed person or who is otherwise licensed under this chapter.
(d) The person licensed under this chapter that provides treatment to a minor pursuant to this section shall, contemporaneously with such treatment, note in the child's medical record the name of each person present when such treatment is being provided.
79 Del. Laws, c. 169, §  7;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26. PHYSICAL THERAPY AND ATHLETIC TRAINING › § 2620. Disciplinary sanctions.

§ 2620. Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that a condition or violation for discipline of a licensee regulated by this chapter has been established under § 2616 of this title:
(1) Issue a letter of reprimand.
(2) Place a licensee on probationary status and require the licensee to:
a. Report regularly to the Board upon the matters which are the basis of the probation; or
b. Limit all professional activities to those areas prescribed by the Board.
(3) Suspend a licensee's license.
(4) Revoke or permanently revoke a licensee's license.
(5) Impose a monetary penalty not to exceed $500 for each violation.
(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.
(c) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may impose such disciplinary or corrective measure as are authorized under this chapter.
(d) The Board shall permanently revoke the license of any person who the Board determines has violated § 2616(a)(12) of this title.
79 Del. Laws, c. 406, §  19;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26. PHYSICAL THERAPY AND ATHLETIC TRAINING › § 2621. Physical therapists eligible for compensation from insurance.

§ 2621. Physical therapists eligible for compensation from insurance.
(a) For purposes of disability insurance, standard health and accident, sickness, and all other such insurance plans, whether or not they are considered insurance policies, and contracts issued by health service corporations and health maintenance organizations, if a physical therapist is authorized by law to perform a particular service, the physical therapist is entitled to compensation for that physical therapist's services under such plans and contracts, and such plans and contracts may not have annual or lifetime numerical limits on physical therapy visits for the treatment of back pain.
(b) Nothing in this section prevents the operation of reasonable and nondiscriminatory cost containment or managed care provisions, including deductibles, coinsurance, allowable charge limitations, coordination of benefits, and utilization review. Any copayment or coinsurance amount must be equal to or less than 25% of the fee due or to be paid to the physical therapist under the policy, contract, or certificate for the treatment, therapy, or service provided.
(c) The Insurance Commissioner shall issue and administer regulations to aid the administration, effectuation, investigation, and enforcement of this section.
81 Del. Laws, c. 430, § 3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26C. Physical Therapy Licensure Compact › § 2601C. Physical Therapy Licensure Compact; purpose.

§ 2601C. Physical Therapy Licensure Compact; purpose.
(a) The State hereby enters into the Physical Therapy Licensure Compact (“Compact”) as set forth in this chapter. The text of the Compact is as set forth in this chapter.
(b) The purpose of this Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
(c) This Compact is designed to achieve the following objectives:
(1) Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses.
(2) Enhance the states' ability to protect the public's health and safety.
(3) Encourage the cooperation of member states in regulating multi-state physical therapy practice.
(4) Support spouses of relocating military members.
(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states.
(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.
82 Del. Laws, c. 169, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 26C. Physical Therapy Licensure Compact › § 2603C. State participation in the Compact.

§ 2603C. State participation in the Compact.
(a) To participate in the Compact, a state must do all of the following:
(1) Participate fully in the Commission's data system, including using the Commission's unique identifier as defined in rules.
(2) Have a mechanism in place for receiving and investigating complaints about licensees.
(3) Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee.
(4) Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with subsection (b) of this section.
(5) Comply with the rules of the Commission.
(6) Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission.
(7) Have continuing competence requirements as a condition for license renewal.
(b) Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. § 534 and 42 U.S.C. § 14616.
(c) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.
(d) Member states may charge a fee for granting a compact privilege.
82 Del. Laws, c. 169, § 1;