reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 3. ARCHITECTURE › § 313. Seal.

§ 313. Seal.
Every registered architect shall have a seal of a design authorized by the Board by regulation. All technical submissions prepared by such architect, or under the architect's direct supervision, shall be stamped with the impression of the architect's seal. No registered architect shall impress the seal on any technical submissions unless they were prepared under the architect's direct supervision.
68 Del. Laws, c. 144, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 3. ARCHITECTURE › § 314. Violations; grounds for professional discipline.

§ 314. Violations; grounds for professional discipline.
(a) An architect or holder of a certificate of authorization shall be subject to those disciplinary actions set forth in § 315 of this title, if, after a hearing, the Board finds that the architect or holder of a certificate of authorization has:
(1) Employed or knowingly cooperated in fraud or material deception in order to acquire a certificate of registration, or be otherwise authorized to practice architecture;
(2) Engaged in illegal, incompetent or negligent conduct in the practice of architecture;
(3) As an architect or otherwise in the practice of the profession, knowingly engaged in an act of consumer fraud or deception, engaged in the restraint of competition or participated in price-fixing activities; or
(4) Violated a lawful provision of this chapter, or any lawful regulation established thereunder.
(b) An architect shall be subject to nondisciplinary remedial action if, after a hearing, the Board finds that there is a danger to the health, safety and welfare of the public due to:
(1) Physical illness or loss of motor skill, including but not limited to deterioration through the aging process;
(2) Temporary emotional disorder or mental illness; or
(3) Permanent emotional disorder or mental illness.
(c) If an architect's physical or mental capacity to practice safely is at issue in a non-disciplinary remedial proceeding, the Board may order the architect to submit to a reasonable physical or mental examination. Failure to comply with such an order shall render a registered architect liable to temporary suspension or revocation of the architect's certificate of registration in accordance with § 315 of this title, notwithstanding the Board's power to compel such attendance under subsection (d) of this section.
(d) Where an architect fails to comply with the Board's request that the architect submit to an examination or attend a hearing, the Board may petition the Superior Court to order such examination or attendance, and the said court or any judge assigned thereto shall have jurisdiction to issue such order.
(e) No certificate of registration or certificate of authorization shall be restricted, suspended or revoked by the Board, and no registered architect's right to practice shall be limited by the Board, until such registered architect or holder of a certificate of authorization has been given notice and an opportunity to be heard in accordance with § 316 of this title.
38 Del. Laws, c. 60, §  19;  Code 1935, §  909;  24 Del. C. 1953, §  317;  62 Del. Laws, c. 344, §  1;  64 Del. Laws, c. 1, §  1;  68 Del. Laws, c. 144, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 225, §§  2-5;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 3. ARCHITECTURE › § 316. Board hearings; procedure.

§ 316. Board hearings; procedure.
(a) Upon the receipt of a formal complaint from the Attorney General's office, the Board shall fix the time and place of a full hearing of the matter, and it shall be scheduled to be heard as soon as practicable. The Board shall cause a copy of the complaint, together with a notice of the time and place fixed for the hearing, to be personally delivered or served upon the architect at least 20 days before the date fixed for the hearing. In cases where the architect cannot be located or where personal services cannot be effected, substitute service shall be effected in the same manner as with civil litigation.
(b) All hearings shall be informal without use of the rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board's decision shall be in writing and shall include its reason for such decision. A copy of the decision shall be mailed by registered mail immediately to the complainant, and to the architect. The Board's decision shall become effective on the thirtieth day after the day it is received by the architect, unless there is an appeal to the Superior Court within that time.
(c) Where either the complainant or the architect is in disagreement with the action of the Board, either person may appeal the Board's decision to the Superior Court within 30 days of the receipt of the Board's decision. Upon such appeal, the Court shall hear the evidence “de novo.” The filing of an appeal shall act as a stay of the Board's decision, pending final determination of the appeal.
64 Del. Laws, c. 1, §  1;  68 Del. Laws, c. 144, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 3. ARCHITECTURE › § 317. Penalties.

§ 317. Penalties.
(a) Where the Board has determined, upon notice and hearing pursuant to Chapter 101 of Title 29 that a person is engaged in the practice of architecture 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 may issue a cease and desist order. In addition to the power to issue a cease and desist order, the Board may seek an injunctive order prohibiting such unlawful practice and/or seek the imposition of other civil penalties defined by this chapter.
(b) Upon notice and hearing pursuant to Chapter 101 of Title 29, the Board may fine any person who violates such cease and desist order not less than $100 or more than $1000. Each day a violation continues may be deemed a separate offense in the Board's discretion.
(c) Where the Board has placed a registered architect 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 registered architect, the Board may, after a hearing on the matter, suspend or revoke the registered architect's certificate of registration.
(d) Any person who violates any provisions of this chapter or any rules or regulations promulgated hereunder shall be liable for a civil penalty of not more than $5,000 for the first offense; and not more than $10,000 for the second and each subsequent offense, which penalty may be sued for, and recovered by, the Board. Nothing in this section shall be construed to prevent prosecution under, or be inconsistent with, Chapter 5 of Title 11.
38 Del. Laws, c. 60, §  14;  Code 1935, §  904;  24 Del. C. 1953, §  312;  62 Del. Laws, c. 344, §  1;  64 Del. Laws, c. 1, §  1;  68 Del. Laws, c. 144, §  1;  75 Del. Laws, c. 261, §§  5, 6;  77 Del. Laws, c. 225, §§  12, 13;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter I. Board of Podiatry › § 501. Objectives.

§ 501. Objectives.
The primary objective of the Board of Podiatry, 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 that tend to reduce competition or fix the price of services rendered.
The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence, shall monitor complaints brought against practitioners regulated by the Board, shall adjudicate at formal hearings, shall promulgate rules and regulations, and shall impose sanctions where necessary against licensed practitioners.
64 Del. Laws, c. 39, §  1;  72 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter I. Board of Podiatry › § 504. Organization; meetings; officers; quorum.

§ 504. Organization; meetings; officers; quorum.
(a) The Board shall hold a regularly scheduled business meeting at least once in each calendar year and at such times as the President deems necessary, or at the request of a majority of the Board members.
(b) The Board annually shall elect a president 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, and no disciplinary action shall be taken without the affirmative vote of at least 3 members.
(d) Minutes of all meetings shall be recorded, and the Division of Professional Regulation 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.
33 Del. Laws, c. 66, §  3;  40 Del. Laws, c. 108, §  3;  Code 1935, §  5386;  42 Del. Laws, c. 159, §  1;  24 Del. C. 1953, §  502;  53 Del. Laws, c. 315, §  1;  61 Del. Laws, c. 356, §  1;  64 Del. Laws, c. 39, §  1;  65 Del. Laws, c. 355, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 213, §  1;  83 Del. Laws, c. 193, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter I. Board of Podiatry › § 505. Records.

§ 505. Records.
The Division of Professional Regulation shall keep a register of all approved applications for license as a podiatrist 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.
72 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter II. License › § 507. License required.

§ 507. License required.
(a) No person shall engage in the practice of podiatry or hold himself or herself out to the public in this State as being qualified to practice podiatry; or use in connection with that person's name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person is qualified to practice podiatry, unless such person has been duly licensed under this chapter.
(b) Whenever a license to practice as a podiatrist in this State has expired or been suspended or revoked, it shall be unlawful for the person to practice podiatry in this State.
64 Del. Laws, c. 39, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter II. License › § 509. Examination.

§ 509. Examination.
In the event an applicant for licensure has not successfully completed the PMLEXIS examination, or its successor, required by this chapter, the Board shall administer or authorize the administration of such examination provided the applicant has received a degree of “Doctor of Podiatric Medicine” as described in § 508(a)(1) of this title. All examinations shall be graded by the testing service providing the examinations. The passing score shall be established by the testing agency.
33 Del. Laws, c. 66, §§  4, 6;  40 Del. Laws, c. 108, §§  5, 6;  Code 1935, §  5388;  24 Del. C. 1953, §  505;  53 Del. Laws, c. 108, §  5;  53 Del. Laws, c. 315, §  1;  61 Del. Laws, c. 356, §  1;  64 Del. Laws, c. 39, §  1;  67 Del. Laws, c. 212, §  6;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter II. License › § 510. Reciprocity.

§ 510. 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. A license in “good standing” is defined in § 508(a)(4)-(7) of this title.
(b) An applicant, who is licensed or registered in a state whose standards are not substantially similar to those of this State, shall have practiced for a minimum of 5 years after licensure, provided however that the applicant meets all other qualifications for reciprocity in this section.
(c) An applicant, who has received a degree of “Doctor of Podiatric Medicine” or its equivalent from a foreign school, college or university, shall submit a certified copy of the applicant's school, college or university record for evaluation by the Board.
(d) In the event that a disciplinary proceeding or unresolved complaint is pending, the applicant shall not be licensed in this State until the proceeding or complaint has been resolved. Applicants for licensure in this State shall be deemed to have given consent to the release of such information and to waive all objections to the admissibility of such information as evidence at any hearing or other proceeding to which the applicant may be subject.
(e) Each application for licensure shall be accompanied by payment of the application fee.
64 Del. Laws, c. 39, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter II. License › § 511. Fees.

§ 511. 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 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 licensure biennium, the Division, 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. 39, §  1;  65 Del. Laws, c. 355, §  1;  72 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter II. License › § 512. Issuance and renewal of licenses.

§ 512. 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 podiatrist and who pays the fee established under § 511 of this title.
(b) Each license shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee and submission of a renewal form provided by the Division, and proof that the licensee has met the continuing education requirements established by the Board.
(c) The Board, in its rules and regulations, shall determine the period of time within which a licensed podiatrist may still renew the licensed podiatrist's license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date, provided however that such period shall not exceed 1 year.
(d) A licensee, upon written request, may be placed in an inactive status for no more than 5 years. Such person who desires to reactivate the licensee's license shall complete a Board-approved application form, submit a renewal fee set by the Division, and submit proof of fulfillment of continuing education requirements in accordance with the Board's rules and regulations.
Code 1935, §  5398A;  43 Del. Laws, c. 240, §  1;  24 Del. C. 1953, §  509;  53 Del. Laws, c. 108, §  6;  53 Del. Laws, c. 315, §  1;  61 Del. Laws, c. 356, §  1;  64 Del. Laws, c. 39, §  1;  65 Del. Laws, c. 355, §  1;  67 Del. Laws, c. 212, §  4;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter II. License › § 513. Temporary license.

§ 513. Temporary license.
(a) The Board, at its discretion, may issue a temporary license to practice podiatry in this State to a podiatrist, who is licensed or otherwise legally qualified to practice podiatry in any state of the United States or other jurisdiction, and who meets the following conditions:
(1) The applicant is entering this State for the purpose of taking charge of the practice of a person licensed to practice podiatry in this State during such licensee's temporary illness or absence from this State; and
(2) The applicant shall complete an application, pay the appropriate fee established by the Division, and shall present proof of current licensure in “good standing” in the state or states where the applicant currently is and/or has been licensed. A license in “good standing” is defined in § 508(a)(4)-(7) of this title, and such applicant shall comply with the provisions of § 510(d) of this title.
(b) The person licensed to practice medicine in this State shall make the licensee's request to the Board in writing and shall submit a certified statement that the purpose of the temporary license is to take charge of the licensee's practice of podiatry in this State during a temporary illness or absence from this State.
(c) Such temporary license shall be effective for not less than 2 weeks nor for more than 3 months from date of issuance.
(d) The Board may also issue a temporary license to practice as a podiatric physician to an applicant who is participating in a residency program in this State and who is an otherwise qualified applicant for licensure in this State. The temporary license for such residency program participant will be valid for the period of residency and will expire immediately upon completion of or withdrawal from the residency or 24 months from issuance whichever is earlier. Such temporary license may be renewed once only for an additional 24 months and any such renewed license shall also expire immediately upon completion of or withdrawal from the residency program.
67 Del. Laws, c. 212, §  5;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 213, §  1;  75 Del. Laws, c. 231, §§  1, 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter II. License › § 514. Complaints.

§ 514. 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.
(b) When it is determined that an individual is engaging, or has engaged, in the practice of podiatry, or is using the title “podiatrist” 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.
(c) The Division shall have the authority to conduct inspections upon receipt of any complaint in connection with § 515(a)(8) of this title or upon the occurrence of an adverse event as defined in § 122(3)y.3.A. of Title 16 and, as applicable, to refer such information to the Department of Health and Social Services pursuant to § 122(3)y. of Title 16. In connection herewith, the Division may share information with the Department of Health and Social Services in accordance with applicable law.
64 Del. Laws, c. 39, §  1;  65 Del. Laws, c. 355, §  1;  72 Del. Laws, c. 213, §  1;  78 Del. Laws, c. 15, §  8;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter II. License › § 516. Disciplinary sanctions.

§ 516. 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 § 515 of this title applies to a practitioner regulated by this chapter:
(1) Issue a letter of reprimand.
(2) Censure a practitioner.
(3) Place a practitioner on probationary status, and require the practitioner to:
a. Report regularly to the Board upon the matters, which are the basis of the probation.
b. Limit all practice and professional activities to those areas prescribed by the Board.
(4) Suspend any practitioner's license.
(5) Revoke any practitioner's license.
(6) Impose a monetary penalty not to exceed $500 for each violation.
(7) The Board shall permanently revoke the certificate to practice podiatric medicine of a person who is convicted of a felony sexual offense.
(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies, which required such action, have been remedied.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
33 Del. Laws, c. 66, §§  12, 13;  40 Del. Laws, c. 108, §§  11-13;  Code 1935, §§  5393, 5394;  24 Del. C. 1953, §§  510, 511;  53 Del. Laws, c. 315, §  1;  61 Del. Laws, c. 356, §  1;  64 Del. Laws, c. 39, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 213, §  1;  79 Del. Laws, c. 213, §  2;  79 Del. Laws, c. 277, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter II. License › § 517. Hearing procedures.

§ 517. Hearing procedures.
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of § 515 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 the complaint has merit, the Board shall take such action permitted under this chapter, as it deems necessary. The Board's decision shall be in writing and shall include its reasons for such decision. The Board's decision shall be mailed immediately to the practitioner.
(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board's decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with Chapter 101 of Title 29.
64 Del. Laws, c. 39, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter II. License › § 518. Reinstatement of a suspended license; removal from probationary status.

§ 518. 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) Where a license or registration has been suspended due to the licensee's inability to practice pursuant to this chapter, the Board may reinstate such license, if, after a hearing, the Board is satisfied that the licensee is again able to perform the essential functions of a podiatrist, with or without reasonable accommodations; and/or, there is no longer a significant risk of substantial harm to the health and safety of the individual or others.
(c) Applicants for reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate.
(d) [Repealed.]
72 Del. Laws, c. 213, §  1;  82 Del. Laws, c. 8, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter III. Other Provisions › § 519. Exemptions.

§ 519. Exemptions.
(a) Nothing in this chapter shall be construed to prevent:
(1) Persons who are licensed to practice podiatry in any other state, district or foreign country from entering this State, as practicing podiatrists, to consult with a podiatrist of this State. Such consultation shall be limited to examination, recommendation and testimony in litigation.
(2) Any student of an accredited school or college of podiatry from receiving practical training under the personal supervision of a licensed podiatrist in this State.
(3) Any person from completing a Council on Podiatric Medical Education-approved hospital residency program in this State.
(4) Any podiatrist or surgeon, commissioned by any of the armed forces of the United States or by the United States Public Health Service, from practicing podiatry on the podiatrist's or surgeon's designated facility in this State.
(5) Any physician licensed in this State from practicing podiatry in this State.
(b) This chapter shall not prohibit the fitting, recommending or sale of corrective shoes, arch supports or similar mechanical appliances by retail dealers or manufacturers. However, no representative of a dealer or manufacturer shall be permitted to medically diagnose, treat or prescribe for any foot or ankle ailment, disease or deformity, unless such person is licensed to practice podiatry in this State.
72 Del. Laws, c. 213, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 50, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter III. Other Provisions › § 520. Penalty.

§ 520. Penalty.
A person not currently licensed as a podiatrist under this chapter, when engaging in the practice of podiatry, or using in connection with that person's name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that the person is qualified to practice podiatry, shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 dollars nor more than $1,000 dollars for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 nor more than $2,000 for each offense. Justice of the Peace Court shall have jurisdiction over all violations of this chapter.
64 Del. Laws, c. 39, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter III. Other Provisions › § 521. Accreditation of facilities where office-based surgeries are performed.

§ 521. Accreditation of facilities where office-based surgeries are performed.
No person licensed under this chapter shall perform any office-based surgery, as defined in § 122(3)y. of Title 16, in a facility unless it is accredited or licensed in accordance with § 122(3)z. of Title 16. For purposes of this section, “facility” and “office-based surgery” mean as defined in § 122(3)y. of Title 16.
78 Del. Laws, c. 80, §  5;  81 Del. Laws, c. 417, § 2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 5. PODIATRY › Subchapter III. Other Provisions › § 522. Treatment or examination of minors.

§ 522. Treatment or examination of minors.
(a) A parent, guardian or other caretaker, or an adult staff member, shall be present when a person licensed under this chapter provides outpatient treatment to a minor patient who is disrobed or partially disrobed or during an outpatient physical examination regardless of sex of the licensed person and patient, except when rendering care during an emergency. When using an adult staff member to observe the treatment or examination, the adult staff member shall be of the same gender as the patient when practicable. The minor patient may decline the presence of a third person only with consent of a parent, guardian or other caretaker. The minor patient may request private consultation with the licensee without the presence of a third person after the physical examination.
(b) When a minor patient is to be disrobed, or partially disrobed during a physical examination, a person licensed under this chapter shall provide notice to the person providing consent to treatment of the rights under this section. The notice shall be provided in written form or be conspicuously posted in a manner in which minor patients and their parent, guardian or other caretaker are made aware of the notice. In circumstances in which the posting or the provision of the written notice would not convey the right to have a chaperone present, the person licensed shall use another means to ensure that the person understands the right under this section.
(c) For the purposes of this section, “minor” is defined as a person 15 years of age or younger, and “adult staff member” is defined as a person 18 years of age or older who is acting under the direction of the licensed person or the employer of the licensed person or who is otherwise licensed under this chapter.
(d) The person licensed under this chapter that provides outpatient treatment to a minor pursuant to this section shall, contemporaneously with such treatment, note in the child's medical record the name of each person present when such treatment is being provided.
79 Del. Laws, c. 169, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 7. BOARD OF CHIROPRACTIC › § 700. Purpose of chapter; objectives of board.

§ 700. Purpose of chapter; objectives of board.
The primary objective of the Board of Chiropractic, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.
The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensees or former licensees.
Throughout the history of chiropractic, there have been distinct philosophical approaches to chiropractic. No action, rule, standard or requirement shall be imposed or interpreted which would restrict a practitioner from licensure as long as the practitioner complies with this chapter.
64 Del. Laws, c. 413, §  2;  70 Del. Laws, c. 514, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 7. BOARD OF CHIROPRACTIC › § 703. Officers; meetings; quorum.

§ 703. Officers; meetings; quorum.
(a) The Board annually shall elect a president and secretary. Each officer shall serve for 1 year and shall not succeed himself or herself in the same office.
(b) The Board shall hold a regularly scheduled business meeting at least once in each quarter of a calendar year and at such other times as the President deems necessary, or at the request of a majority of Board members.
(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 4 members of the Board. Any member who fails to attend 3 consecutive meetings, or who fails to attend at least 1/2 of all regular business meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office and a replacement shall be appointed.
(d) Minutes of all meetings shall be recorded, and copies of the minutes shall be maintained by the Division of Professional Regulation. At any hearing where evidence is presented, the hearing shall be recorded. Transcripts shall be made at the request and expense of any party.
41 Del. Laws, c. 261, §  3;  24 Del. C. 1953, §  704;  50 Del. Laws, c. 325, §  1;  64 Del. Laws, c. 413, §  3;  65 Del. Laws, c. 331, §§  1, 2;  65 Del. Laws, c. 355, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 514, §§  7, 41;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 7. BOARD OF CHIROPRACTIC › § 704. Complaints.

§ 704. Complaints.
All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29. The Division shall be responsible for issuing a final written report at the conclusion of its investigation. The Board president shall assign a member of the Board to assist the Division of Professional Regulation with the investigation of the technical aspects of the complaint and shall not discuss any matter of fact or law regarding such investigation with any Board member prior to the final decision of the Board. Such member shall recuse himself or herself from the deliberations on the complaint at any hearing regarding the complaint. If it is determined that a practitioner should be subject to a disciplinary hearing, the Board shall conduct such hearing in accordance with this chapter and the Administrative Procedures Act [Chapter 101 of Title 29].
When it is determined that an individual is engaging in the practice of chiropractic or is using the title “chiropractor” and is not licensed under the laws of this State, the Board shall notify the office of the Attorney General for appropriate action.
64 Del. Laws, c. 413, §  3;  65 Del. Laws, c. 331, §  3;  65 Del. Laws, c. 355, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 514, §  8;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 7. BOARD OF CHIROPRACTIC › § 705. Hearing; procedures.

§ 705. Hearing; procedures.
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29, alleging violation of this chapter, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) All hearings shall be informal without use of the rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board's decision shall be in writing and shall include its reasons for such decision. A copy of the decision shall be mailed immediately to the complainant, and to the practitioner. The Board's decision shall become effective on the thirtieth day after the date it is mailed or served on the practitioner.
(c) Where either the complainant or the practitioner is in disagreement with the action of the Board, either person may appeal the Board's decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the Board's decision. Upon such appeal, the Court shall hear the evidence on the record, and any stay of the Board's decision shall be granted according to the Administrative Procedures Act [Chapter 101 of Title 29].
64 Del. Laws, c. 413, §  3;  65 Del. Laws, c. 331, §§  4-6;  70 Del. Laws, c. 135, §§  1, 2;  70 Del. Laws, c. 514, §  9;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 7. BOARD OF CHIROPRACTIC › § 708. Fees.

§ 708. 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 services on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for an activity not specified in this chapter. The application fee shall not be combined with any other fee or charge, except as specifically set forth herein. At the beginning of each calendar year the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate fee for the coming year.
41 Del. Laws, c. 261, §  4;  24 Del. C. 1953, §  709;  53 Del. Laws, c. 108, §  7;  64 Del. Laws, c. 413, §  3;  65 Del. Laws, c. 331, §  10;  65 Del. Laws, c. 355, §  1;  70 Del. Laws, c. 514, §  21;  72 Del. Laws, c. 125, §  6;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 7. BOARD OF CHIROPRACTIC › § 709. Issuance of license; renewal; inactive status; reinstatement.

§ 709. Issuance of license; renewal; inactive status; reinstatement.
(a) Each person, who has been admitted to practice in this State by reciprocity, or who has otherwise qualified for a license shall, prior to practicing in this State, file for and obtain an occupational license from the Division of Revenue in accordance with Chapter 23 of Title 30. The Board shall forthwith issue a license to each person who has qualified for same under this chapter and who has complied with all rules and regulations of the Board.
(b) Upon payment of the renewal fee and upon submission of proof of satisfactory completion of continuing education requirements, each license shall be renewed biennially in such manner as is determined by the Division of Professional Regulation. The Board shall, in its rules and regulations, determine the period of time within which a practitioner may still renew the license; provided, however, that such period shall not exceed 1 year. At the expiration of the period designated by the Board, the license shall be deemed to be lapsed and not renewable, unless the former licensee reapplies under the same conditions which govern reciprocity; provided, however, that the former licensee shall also pay a reinstatement fee in an amount which is determined by the Division of Professional Regulation.
(c) Any licensee may, upon the licensee's written request, be placed in an inactive status not to exceed 5 years. The renewal fee of such person shall be prorated in accordance with the amount of time such person was inactive. Such person may reenter practice upon notification to the Board of that person's intent to do so, provided said person has satisfied all continuing education requirements prescribed by the Board.
(d) A former licensee who has been penalized for the violation of a provision of this chapter, or whose license has been suspended or revoked, and who subsequently is permitted to apply for reinstatement shall apply for a new license, successfully complete the examination required by the Board, and shall pay all appropriate fees before the former licensee may be relicensed.
41 Del. Laws, c. 261, §  4;  24 Del. C. 1953, §  710;  53 Del. Laws, c. 108, §  8;  64 Del. Laws, c. 413, §  3;  65 Del. Laws, c. 331, §§  11, 12;  65 Del. Laws, c. 355, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 514, §§  22-25;  72 Del. Laws, c. 125, §§  4, 6;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 7. BOARD OF CHIROPRACTIC › § 712. License to practice.

§ 712. License to practice.
(a) Except as provided under subsection (b) of this section, no person may practice chiropractic in this State who has not been licensed in accordance with this chapter.
(b) Under rules and regulations adopted by the Board under this section and § 717 of this title, an individual licensed to practice chiropractic in any other state, district, or foreign country may consult with a chiropractor of this State licensed under this chapter. Consultations under this subsection are limited to examination, recommendation, or testimony in litigation.
41 Del. Laws, c. 261, §  6;  42 Del. Laws, c. 199, §  1;  24 Del. C. 1953, §  713;  64 Del. Laws, c. 413, §  3;  70 Del. Laws, c. 514, §§  35, 36;  72 Del. Laws, c. 125, §  6;  83 Del. Laws, c. 526, § 3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 7. BOARD OF CHIROPRACTIC › § 713. Practicing without license; penalties.

§ 713. Practicing without license; penalties.
(a) No person shall represent himself or herself to the public as a doctor of chiropractic, or display any sign or advertise in any manner as being a doctor of chiropractic or chiropractic physician without first obtaining from the Board the license or licenses required under this chapter.
(b) Where the Board has determined that person is practicing chiropractic within this State without having lawfully obtained a license therefor, or that a person previously licensed is unlawful practicing although the person's license has been suspended or revoked, the Board shall formally warn such person in writing. If the offense continues, the Board shall make a formal complaint to the Attorney General. The complaint shall include all evidence known to, or in the possession of, the Board.
(c) Where a person not currently licensed as a chiropractic is tried and convicted of unlawfully practicing chiropractic in violation of this chapter such offender shall, upon the first offense, be fined $500 or imprisoned not less than 1 month nor more than 1 year, or both, and upon a second or any subsequent offense, shall be fined not less than $1,000 and imprisoned not less than 6 months nor more than 1 year, or both, and shall pay all cost; 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 provisions of Title 11.
(d) The Superior Court shall have jurisdiction of violations of this chapter.
41 Del. Laws, c. 261, §  9A;  42 Del. Laws, c. 199, §  3;  24 Del. C. 1953, §  714;  64 Del. Laws, c. 413, §  3;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 514, §§  37, 38;  72 Del. Laws, c. 125, §  6;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 7. BOARD OF CHIROPRACTIC › § 714. Chiropractic practitioners subject to regulation.

§ 714. Chiropractic practitioners subject to regulation.
Chiropractic practitioners shall observe and be subject to all state and municipal regulations relating to the control of contagious and infectious diseases and any and all matters pertaining to public health, reporting to the proper health officer the same as other practitioners.
41 Del. Laws, c. 261, §  9;  24 Del. C. 1953, §  715;  72 Del. Laws, c. 125, §  6;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 7. BOARD OF CHIROPRACTIC › § 715. Filing false documents; penalty.

§ 715. Filing false documents; penalty.
Whoever files or attempts to file as that person's own the diploma, certificate or license of another or a forged, false affidavit of identification or qualification is guilty of a felony and shall be fined not less than $500 nor more than $2,000 and imprisoned not more than 5 years.
41 Del. Laws, c. 261, §  7A;  42 Del. Laws, c. 199, §  2;  24 Del. C. 1953, §  712;  50 Del. Laws, c. 325, §  3;  64 Del. Laws, c. 413, §  3;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 514, §  39;  72 Del. Laws, c. 125, §  6;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 7. BOARD OF CHIROPRACTIC › § 717. Opinions and testimony.

§ 717. Opinions and testimony.
(a) Any chiropractor who is duly licensed as a chiropractic practitioner under this chapter shall be deemed competent to offer opinions in the courts, administrative agencies and other tribunals of this State as to matters of causation, within the scope of chiropractic practice, provided the testimony is offered to a reasonable degree of chiropractic certainty and there is otherwise an adequate foundation for the admission of this testimony.
(b) Any chiropractor duly licensed under this chapter shall also be deemed competent to offer opinions in the courts, administrative agencies and other tribunals of this State as to matters of permanent impairment or disability, provided the testimony is within the scope of chiropractic practice, is offered to a reasonable degree of chiropractic certainty and there is otherwise an adequate foundation of the admission of this testimony.
(c) No Doctor of Chiropractic shall be permitted to offer chiropractic opinions for the purpose of determining eligibility for health insurance policy benefits relating to chiropractic care in the State unless the Doctor of Chiropractic is duly licensed and actively practicing in the State. For purposes of this subsection, a Doctor of Chiropractic shall be considered “actively practicing” if that Doctor of Chiropractic maintains an office in the State for treatment of patients and is engaged in the practice of chiropractic in the State more than an average of 10 hours per week. For purposes of this section “insurance policy” shall include without limitation all health plans and policies for the payment for, provision of or reimbursement for chiropractic or medical services, supplies or both issued by health insurers, health service corporations or managed care organizations.
74 Del. Laws, c. 5, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 380, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 7. BOARD OF CHIROPRACTIC › § 718. Severability.

§ 718. Severability.
Should any section or provision of this chapter be decided by the court to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any other part thereof.
75 Del. Laws, c. 380, §  2;