reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19A. Nurse Multistate Licensure Compact › § 1902A. Findings and declaration of purpose.

§ 1902A. Findings and declaration of purpose.
(a) The party states find the following:
(1) The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws.
(2) Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public.
(3) The expanded mobility of nurses and the use of advanced communication technologies as part of our nation's health-care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation.
(4) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex.
(5) The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states.
(6) Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.
(b) The general purposes of this Compact are to do the following:
(1) Facilitate the states' responsibility to protect the public's health and safety.
(2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation.
(3) Facilitate the exchange of information between party states in the areas of nurse regulation, investigation, and adverse actions.
(4) Promote compliance with the laws governing the practice of nursing in each jurisdiction.
(5) Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses.
(6) Decrease redundancies in the consideration and issuance of nurse licenses.
(7) Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.
Repealed and reenacted by 81 Del. Laws, c. 50, § 1.;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19A. Nurse Multistate Licensure Compact › § 1905A. Applications for licensure in a party state.

§ 1905A. Applications for licensure in a party state.
(a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant, and whether the applicant is currently participating in an alternative program.
(b) A nurse may hold a multistate license, issued by the home state, in only 1 party state at a time.
(c) If a nurse changes primary state of residence by moving between 2 party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the Commission.
(1) The nurse may apply for licensure in advance of a change in primary state of residence.
(2) A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.
(d) If a nurse changes primary state of residence by moving from a party state to a nonparty state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.
Repealed and reenacted by 81 Del. Laws, c. 50, § 1.;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19A. Nurse Multistate Licensure Compact › § 1907A. Coordinated licensure information system and exchange of information.

§ 1907A. Coordinated licensure information system and exchange of information.
(a) All party states shall participate in a coordinated licensure information system of all licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.
(b) The Commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this Compact.
(c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action; any current significant investigative information; denials of applications, with the reasons for such denials; and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.
(d) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.
(e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.
(f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
(g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.
(h) The Compact administrator of each party state shall furnish a uniform data set to the Compact administrator of each other party state, which shall include, at a minimum all of the following:
(1) Identifying information.
(2) Licensure data.
(3) Information related to alternative program participation.
(4) Other information that may facilitate the administration of this Compact, as determined by Commission rules.
(i) The Compact administrator of a party state shall provide all investigative documents and information requested by another party state.
Repealed and reenacted by 81 Del. Laws, c. 50, § 1.;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19A. Nurse Multistate Licensure Compact › § 1911A. Effective date, withdrawal, and amendment.

§ 1911A. Effective date, withdrawal, and amendment.
(a) This Compact shall become effective and binding on the earlier of the date of legislative enactment of this Compact into law by no less than 26 states or December 31, 2018. All party states to this Compact, that also were parties to the prior Nurse Licensure Compact, superseded by this Compact, (“prior compact”), are deemed to have withdrawn from said prior compact within 6 months after the effective date of this Compact.
(b) Each party state to this Compact shall continue to recognize a nurse's multistate licensure privilege to practice in that party state issued under the prior compact until such party state has withdrawn from the prior compact.
(c) Any party state may withdraw from this Compact by enacting a statute repealing the same. A party state's withdrawal shall not take effect until 6 months after enactment of the repealing statute.
(d) A party state's withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state's licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.
(e) Nothing contained in this Compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this Compact.
(f) This Compact may be amended by the party states. No amendment to this Compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.
(g) Representatives of nonparty states to this Compact shall be invited to participate in the activities of the Commission, on a nonvoting basis, prior to the adoption of this Compact by all states.
Repealed and reenacted by 81 Del. Laws, c. 50, § 1.;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19A. Nurse Multistate Licensure Compact › § 1912A. Construction and severability.

§ 1912A. Construction and severability.
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held to be contrary to the constitution of any party state, this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
Repealed and reenacted by 81 Del. Laws, c. 50, § 1.;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19B. Advanced Practice Registered Nurse Compact [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2] › § 1901B. Advanced Practice Registered Nurse Compact [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2].

§ 1901B. Advanced Practice Registered Nurse Compact [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2].
The State hereby enters into the Advanced Practice Registered Nurse Compact (Compact) as set forth in this chapter. The text of the Compact is as set forth in this chapter.
83 Del. Laws, c. 110, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19B. Advanced Practice Registered Nurse Compact [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2] › § 1902B. Findings and declaration of purpose [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2].

§ 1902B. Findings and declaration of purpose [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2].
(a) The party states find the following:
(1) The health and safety of the public are affected by the degree of compliance with advanced practice registered nurse licensure requirements and the effectiveness of enforcement activities related to state APRN licensure laws.
(2) Violations of APRN licensure and other laws regulating the practice of nursing may result in injury or harm to the public.
(3) The expanded mobility of APRNs and the use of advanced communication and intervention technologies as part of our nation's healthcare delivery system require greater coordination and cooperation among states in the areas of APRN licensure and regulation.
(4) New practice modalities and technology make compliance with individual state APRN licensure laws difficult and complex.
(5) The current system of duplicative APRN licensure for APRNs practicing in multiple states is cumbersome and redundant for healthcare delivery systems, payors, state licensing boards, regulators and APRNs.
(6) Uniformity of APRN licensure requirements throughout the states promotes public safety and public health benefits as well as provides a mechanism to increase access to care.
(b) The general purposes of this Compact are to do the following:
(1) Facilitate the states' responsibility to protect the public's health and safety.
(2) Ensure and encourage the cooperation of party states in the areas of APRN licensure and regulation, including promotion of uniform licensure requirements.
(3) Facilitate the exchange of information between party states in the areas of APRN regulation, investigation and adverse actions.
(4) Promote compliance with the laws governing APRN practice in each jurisdiction.
(5) Invest all party states with the authority to hold an APRN accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state privileges to practice.
(6) Decrease redundancies in the consideration and issuance of APRN licenses.
(7) Provide opportunities for interstate practice by APRNs who meet uniform licensure requirements.
83 Del. Laws, c. 110, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19B. Advanced Practice Registered Nurse Compact [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2] › § 1905B. Applications for APRN licensure in a party state [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2].

§ 1905B. Applications for APRN licensure in a party state [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2].
(a) Upon application for an APRN multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held or is the holder of a licensed practical/vocational nursing license, a registered nursing license or an advanced practice registered nurse license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.
(b) An APRN may hold a multistate APRN license, issued by the home state, in only 1 party state at a time.
(c) If an APRN changes primary state of residence by moving between 2 party states, the APRN must apply for APRN licensure in the new home state, and the multistate license issued by the prior home state shall be deactivated in accordance with applicable Commission rules.
(1) The APRN may apply for licensure in advance of a change in primary state of residence.
(2) A multistate APRN license shall not be issued by the new home state until the APRN provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate APRN license from the new home state.
(d) If an APRN changes primary state of residence by moving from a party state to a non-party state, the APRN multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.
83 Del. Laws, c. 110, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19B. Advanced Practice Registered Nurse Compact [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2] › § 1907B. Coordinated licensure information system and exchange of information [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2].

§ 1907B. Coordinated licensure information system and exchange of information [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2].
(a) All party states shall participate in a coordinated licensure information system of all APRNs, licensed registered nurses, and licensed practical/vocational nurses. This system will include information on the licensure and disciplinary history of each APRN, as submitted by party states, to assist in the coordinated administration of APRN licensure and enforcement efforts.
(b) The Commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this Compact.
(c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications (with the reasons for such denials) and APRN participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic and/or confidential under state law.
(d) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state.
(e) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
(f) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing the information shall be removed from the coordinated licensure information system.
(g) The Compact administrator of each party state shall furnish a uniform data set to the Compact administrator of each other party state, which shall include, at a minimum all of the following:
(1) Identifying information.
(2) Licensure data.
(3) Information related to alternative program participation information.
(4) Other information that may facilitate the administration of this Compact, as determined by Commission rules.
(h) The Compact administrator of a party state shall provide all investigative documents and information requested by another party state.
83 Del. Laws, c. 110, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19B. Advanced Practice Registered Nurse Compact [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2] › § 1911B. Effective date, withdrawal and amendment [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2].

§ 1911B. Effective date, withdrawal and amendment [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2].
(a) This Compact shall come into limited effect at such time as this Compact has been enacted into law in 7 party states for the sole purpose of establishing and convening the Commission to adopt rules relating to its operation.
(b) Any state that joins this Compact subsequent to the Commission's initial adoption of the APRN uniform licensure requirements shall be subject to all rules that have been previously adopted by the Commission.
(c) Any party state may withdraw from this Compact by enacting a statute repealing the same. A party state's withdrawal shall not take effect until 6 months after enactment of the repealing statute.
(d) A party state's withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state's licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.
(e) Nothing contained in this Compact shall be construed to invalidate or prevent any APRN licensure agreement or other cooperative arrangement between a party state and a non-party state that does not conflict with the provisions of this Compact.
(f) This Compact may be amended by the party states. No amendment to this Compact shall become effective and binding upon any party state until it is enacted into the laws of all party states.
(g) Representatives of non-party states to this Compact shall be invited to participate in the activities of the Commission, on a nonvoting basis, prior to the adoption of this Compact by all states.
83 Del. Laws, c. 110, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 19B. Advanced Practice Registered Nurse Compact [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2] › § 1912B. Construction and severability [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2].

§ 1912B. Construction and severability [Effective upon fulfillment of 83 Del. Laws, c. 110, § 2].
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held to be contrary to the constitution of any party state, this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
83 Del. Laws, c. 110, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20. OCCUPATIONAL THERAPY › Subchapter I. Board of Occupational Therapy Practice › § 2001. Objectives.

§ 2001. Objectives.
(a) The primary objective of the Board of Occupational Therapy Practice, 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 occupational practices which tend to reduce competition or fix the price of services rendered.
(b) The secondary objectives of the Board are to maintain minimum standards of licensee competency and certain standards in the delivery of services to the public. In meeting its objectives, the Board shall do all of the following:
(1) Develop standards assuring professional competence.
(2) Monitor complaints brought against licensees regulated by the Board.
(3) Adjudicate at formal hearings.
(4) Promulgate rules and regulations.
(5) Impose sanctions where necessary against licensees.
(c) Nothing in this chapter is a direct or indirect commitment by the General Assembly to a present or future requirement that insurers or other third parties must offer or provide coverage for the services of licensees.
65 Del. Laws, c. 172, §  1;  71 Del. Laws, c. 293, §  1;  81 Del. Laws, c. 424, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20. OCCUPATIONAL THERAPY › Subchapter I. Board of Occupational Therapy Practice › § 2004. Organization; meetings; officers; quorum.

§ 2004. Organization; meetings; officers; quorum.
(a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, at such times as the chair deems necessary and at the request of a majority of the Board members.
(b) The Board shall elect annually from its members a chair, vice-chair, and secretary. Each officer shall serve for 1 year, and may not succeed the officer's term for more than 2 consecutive terms. In the event of a vacancy in 1 of the offices, the Board shall elect a replacement at the next Board meeting.
(c) A majority of the members constitutes a quorum for the purpose of transacting business. The Board may not take disciplinary action without the affirmative vote of at least 3 members.
(d) Minutes of all meetings must be recorded, and the Division shall maintain copies of meeting minutes. At any hearing where evidence is presented, a record must be made from which a verbatim transcript can be prepared. The person requesting the transcript must pay for the expense of preparing the transcript.
65 Del. Laws, c. 172, §  1;  66 Del. Laws, c. 400, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 293, §  1;  81 Del. Laws, c. 424, § 4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20. OCCUPATIONAL THERAPY › Subchapter I. Board of Occupational Therapy Practice › § 2005. Records.

§ 2005. Records.
The Division shall keep a register of all approved applications for license as an occupational therapist and occupational therapy assistant, and complete records relating to meetings of the Board, examinations, rosters, changes, and additions to the Board's rules and regulations, complaints, hearings, and any other matters that the Board determines. The records are prima facie evidence of the Board's proceedings.
71 Del. Laws, c. 293, §  1;  81 Del. Laws, c. 424, § 5;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20. OCCUPATIONAL THERAPY › Subchapter II. License › § 2007. License required.

§ 2007. License required.
(a) A person may not engage in the practice of occupational therapy or hold the person out to the public in this State as being qualified to practice as an occupational therapist or occupational therapy assistant, or use in connection with the person's name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person is qualified to practice occupational therapy, unless the person has been licensed under this chapter.
(b) If a license to practice as an occupational therapist or occupational therapy assistant in this State has expired or been suspended or revoked, it is unlawful for the person holding the expired, suspended, or revoked license to practice occupational therapy in this State.
(c) It is unlawful for a person or business entity, or a person's or business entity's employees, agents, or representatives to use in connection with the person's or business entity's name or business activity the words occupational therapist, occupational therapist registered, licensed occupational therapist, occupational therapy assistant, licensed occupational therapy assistant; the letters of OT, OT/L, OTR, OTR/L, OTA, COTA, COTA/L; or any other words, letters, abbreviations, or insignia indicating or implying directly or indirectly that occupational therapy services are rendered, unless the person or business entity is licensed under this chapter.
65 Del. Laws, c. 172, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 293, §  1;  81 Del. Laws, c. 424, § 7;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20. OCCUPATIONAL THERAPY › Subchapter II. License › § 2009. Applicability of chapter.

§ 2009. Applicability of chapter.
Nothing in this chapter may be construed as preventing or restricting the practice, services, or activities of any of the following:
(1) A person registered or licensed in this State by any other law from engaging in the profession or occupation for which that person is licensed.
(2) A person pursuing a course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program if such activities and services constitute a part of a supervised course of study and if the person is designated by a title which clearly indicates that person's status as a student or trainee.
(3) A person fulfilling the supervised field work experience requirements of this chapter, if such activities and services constitute the requirements for licensure.
(4) A visiting occupational therapist who teaches temporarily at an accredited or approved educational program, or who lectures or instructs participants at seminars sanctioned by the Delaware Occupational Therapy Association.
65 Del. Laws, c. 172, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 293, §  1;  81 Del. Laws, c. 424, § 9;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20. OCCUPATIONAL THERAPY › Subchapter II. License › § 2010. Foreign-trained applicants.

§ 2010. Foreign-trained applicants.
In addition to the requirements of § 2008 of this title, a foreign-trained applicant is eligible for licensure as an occupational therapist or as an occupational therapy assistant after submitting to the Board satisfactory evidence of graduation from a school offering a program in occupational therapy or occupational therapy assistant which has been approved for the educational preparation of occupational therapists or occupational therapy assistants by the appropriate accrediting agency recognized by the National Board for Certification in Occupational Therapy, Inc., or its successor.
71 Del. Laws, c. 293, §  1;  81 Del. Laws, c. 424, § 10;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20. OCCUPATIONAL THERAPY › Subchapter II. License › § 2011. Reciprocity.

§ 2011. Reciprocity.
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 presents proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States, and who meets all of the following criteria:
(1) Has a license in good standing as defined in § 2008(a)(4)-(6) of this title.
(2) Has achieved the passing score on all parts of the written, standardized examination administered by the National Board for Certification in Occupational Therapy, Inc., or its successor.
65 Del. Laws, c. 172, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 293, §  1;  75 Del. Laws, c. 436, §  19;  81 Del. Laws, c. 424, § 11;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20. OCCUPATIONAL THERAPY › Subchapter II. License › § 2012. Duty to report unprofessional conduct; inability to practice.

§ 2012. Duty to report unprofessional conduct; inability to practice.
(a) A licensee has a duty to report to the Division information that the licensee reasonably believes indicates that the licensee or another licensee has engaged in or is engaging in conduct that constitute grounds for disciplinary action under this chapter. A licensee shall report to the Board within 30 days of the occurrence of any of the following:
(1) A partial or full removal of the licensee's or another licensee's hospital privileges based on adverse events, unprofessional conduct, or competency issues.
(2) A disciplinary action taken by any regulatory agency against the licensee or another licensee.
(3) A reasonably-substantiated incident involving violence, threat of violence, abuse, or neglect by the licensee or another licensee toward another person.
(b) (1) A licensee is subject to temporary or permanent license restriction, suspension, or revocation if the licensee is unable to practice the occupation with reasonable skill or safety to patients due to any of the following circumstances:
a. Mental illness or mental incompetence.
b. Physical illness, including deterioration due to aging or loss of motor skills.
c. Excessive use or abuse of drugs or alcohol.
(2) A license may be permanently restricted, suspended, or revoked after a hearing under § 2006(a)(11) of this title.
(3) A license may be temporarily restricted, suspended, or revoked after a hearing under § 2006(a)(11) of this title or, if circumstances present an immediate danger to the public health, safety, or welfare, without a hearing and under the process established in § 2017(c) of this title.
81 Del. Laws, c. 424, § 12;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20. OCCUPATIONAL THERAPY › Subchapter II. License › § 2013. Fees.

§ 2013. Fees.
(a) The amount to be charged for each fee imposed under this chapter must approximate and reasonably reflect all costs necessary to defray the Board's expenses and the Division's proportional expenses in its service on behalf of the Board.
(b) A separate fee may be charged for each service or activity, but no fee may be charged for a purpose not specified in this chapter.
(c) The application fee must not be combined with any other fee or charge.
(d) At the beginning of each licensure biennium, the Division or other state agency acting on the Division's behalf shall compute, for each separate service or activity, the appropriate Board fees for the coming licensure biennium.
65 Del. Laws, c. 172, §  1;  65 Del. Laws, c. 355, §  1;  71 Del. Laws, c. 293, §  1;  81 Del. Laws, c. 424, § 13;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20. OCCUPATIONAL THERAPY › Subchapter II. License › § 2014. Issuance and renewal of licenses.

§ 2014. Issuance and renewal of licenses.
(a) The Board shall issue a license to each applicant who meets the requirements of and pays the fee under this chapter for licensure as an occupational therapist or occupational therapy assistant.
(b) Each license must be renewed biennially, in a manner determined by the Division, 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 licensee may renew a license if the licensee has failed to renew on or before the renewal date.
(d) A licensee, upon written request, may place the licensee's license on inactive status. The fee to renew an inactive license must be prorated in accordance with the amount of time the license was inactive. The licensee may reenter practice upon written notification to the Board of the intent to do so and completion of continuing education as required by the Board's rules and regulations.
65 Del. Laws, c. 172, §  1;  66 Del. Laws, c. 400, §  3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 293, §  1;  75 Del. Laws, c. 210, §  3;  81 Del. Laws, c. 424, § 14;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20. OCCUPATIONAL THERAPY › Subchapter II. License › § 2016. Complaints.

§ 2016. Complaints.
(a) The Division shall receive and investigate a complaint in accordance with § 8735 of Title 29, and the Division shall issue a final written report at the conclusion of its investigation.
(b) If the Board determines that an individual is engaging in the practice of occupational therapy or using the title occupational therapist or occupational therapy assistant and is not licensed under this chapter, the Board shall issue a formal warning to the individual under this chapter. If the formal warning does not resolve the matter, the Board may apply to the Office of the Attorney General to issue a cease and desist order.
(c) The Division shall investigate a complaint against a licensee involving allegations of unprofessional conduct or incompetence.
65 Del. Laws, c. 172, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 293, §  1;  81 Del. Laws, c. 424, § 16;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20. OCCUPATIONAL THERAPY › Subchapter II. License › § 2017. Disciplinary sanctions.

§ 2017. Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 or more of the conditions or violations under § 2015 of this title applies to a licensee:
(1) Issue a letter of reprimand.
(2) [Repealed.]
(3) Place the licensee on probationary status and require the licensee to do any of the following:
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 that the Board prescribes.
(4) Suspend the licensee's license.
(5) Revoke the licensee's license.
(6) Impose a monetary penalty not to exceed $500 for each violation.
(b) The Board may withdraw or reduce conditions of probation if it finds that the deficiencies which required the probation are remedied.
(c) If a formal or informal complaint concerning the activity of a licensee presents a clear and immediate danger to the public health, safety, or welfare, the Board may temporarily suspend the licensee'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.
(1) An order temporarily suspending a license must not be issued unless the licensee or the licensee's attorney receives at least 24 hours' written or oral notice before the temporary suspension, so that the licensee or the licensee's attorney may file a written response to the proposed suspension.
(2) The decision as to whether to issue the temporary order of suspension must be decided on the written submissions.
(3) 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 licensee requests a continuance of the hearing, in which case the order of temporary suspension remains in effect until the hearing is convened and the Board renders a decision.
(4) A licensee whose license has been temporarily suspended under this section may request an expedited hearing. Upon the licensee's timely request, the Board shall schedule the hearing on an expedited basis. A request is timely if the licensee provides it to the Board within 5 calendar days from the date that the licensee received notice of the temporary suspension.
(d) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may impose disciplinary or corrective measures authorized under this chapter.
(e) The Board shall permanently revoke the license of a licensee who is convicted of a felony sexual offense.
65 Del. Laws, c. 172, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 293, §  1;  79 Del. Laws, c. 213, §  2;  79 Del. Laws, c. 277, §  6;  81 Del. Laws, c. 424, § 17;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20. OCCUPATIONAL THERAPY › Subchapter II. License › § 2018. Hearing procedures.

§ 2018. Hearing procedures.
(a) If a complaint alleging violation of § 2015 of this title is filed with the Board under § 8735 of Title 29, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing must be given and the hearing must be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) All hearings are 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 must be in writing and include the Board's reasons for the decision. The Board's decision must be mailed immediately to the licensee.
(c) If the licensee is in disagreement with the Board's action, the licensee may appeal the Board's decision to the Superior Court within 30 days of service of the Board's decision or the postmarked date of the copy of the decision mailed to the licensee. Upon an appeal, the Court shall hear the evidence on the record. The Court may grant a stay in accordance with § 10144 of Title 29.
65 Del. Laws, c. 172, §  1;  65 Del. Laws, c. 355, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 293, §  1;  81 Del. Laws, c. 424, § 18;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20. OCCUPATIONAL THERAPY › Subchapter II. License › § 2019. Reinstatement of a suspended license; removal from probationary status.

§ 2019. 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 a 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 or probation.
(b) An applicant for reinstatement shall pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension or probation have been met. The Board may also require that the applicant meet the continuing education requirements of this chapter.
(c) [Repealed.]
71 Del. Laws, c. 293, §  1;  81 Del. Laws, c. 424, § 19;  82 Del. Laws, c. 8, § 8;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20. OCCUPATIONAL THERAPY › Subchapter II. License › § 2020. Penalties.

§ 2020. Penalties.
(a) It is unlawful for a person who is not licensed under this chapter to any of the following:
(1) Engage in the practice of occupational therapy.
(2) Use in connection with that person's name or otherwise assume or use any title or description that conveys or tends to convey the impression that the person is qualified to practice occupational therapy.
(b) A person who violates subsection (a) of this section is guilty of a misdemeanor and subject to the following penalties:
(1) For the first offense, a fine of not less than $500 nor more than $1,000 for each offense.
(2) For each subsequent offense, a fine of not less than $1,000 nor more than $2,000 for each offense.
(c) Superior Court has jurisdiction over all violations of this chapter.
71 Del. Laws, c. 293, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 424, § 20;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20. OCCUPATIONAL THERAPY › Subchapter II. License › § 2021. Treatment or examination of minors.

§ 2021. Treatment or examination of minors.
(a) As used in this section:
(1) “Adult staff member” means an individual who is 18 years or older and is acting under the direction of the licensee, the licensee's employer, or is otherwise licensed under this chapter.
(2) “Evaluation or treatment” includes dressing, bathing, or toileting that exposes a minor patient's breast, genitalia, or rectum.
(3) “Minor” means an individual who is 15 years or younger.
(4) “Services” includes inpatient, outpatient, home, or school treatment.
(b) A minor patient's parent, guardian, or other caretaker, or an adult staff member, must be present when a licensee provides services to a minor patient who is disrobed or partially disrobed during evaluation or treatment.
(c) If an adult staff member observes the evaluation or treatment, the adult staff member must be of the same gender as the patient when practicable.
(d) The minor patient may decline the presence of a third person only with consent of individual providing consent to the minor patient's treatment and only after the initial evaluation.
(e) When a minor patient's evaluation or treatment involves the female breasts, or female or male genitalia or rectum, a licensee shall provide the individual providing consent to the minor patient's treatment with notice of the rights under this section. The notice must be provided in written form or conspicuously posted in a manner in which a minor patient and the individual providing consent to the minor patient's treatment are made aware of the notice. In circumstances in which the posting or the provision of the written notice may not convey the right to have a third person present, the licensee shall use another means to ensure that the minor patient and the individual providing consent to the minor patient's treatment understand the rights under this section.
(f) [Repealed.]
(g) A licensee that provides treatment to a minor patient under this section shall, contemporaneously with the treatment, note in the minor patient's record the name of each person present when the treatment is provided.
79 Del. Laws, c. 169, §  6;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 424, § 21;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20A. Interstate Occupational Therapy Licensure Compact › § 2001A. Interstate Occupational Therapy Licensure Compact.

§ 2001A. Interstate Occupational Therapy Licensure Compact.
The State hereby enters into the Interstate Occupational Therapy Licensure Compact (“Compact”) as set forth in the chapter. The text of the Compact is as set forth in this chapter.
83 Del. Laws, c. 394, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20A. Interstate Occupational Therapy Licensure Compact › § 2002A. Purpose.

§ 2002A. Purpose.
The purpose of this Compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational 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.
This Compact is designed to achieve the following objectives:
(1) Increase public access to occupational 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 occupational 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.
(7) Facilitate the use of telehealth technology in order to increase access to occupational therapy services.
83 Del. Laws, c. 394, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 20A. Interstate Occupational Therapy Licensure Compact › § 2004A. State participation in the Compact.

§ 2004A. State participation in the Compact.
(a) To participate in the Compact, a member state shall:
(1) License occupational therapists and occupational therapy assistants.
(2) Participate fully in the Commission's data system, including but not limited to using the Commission's unique identifier as defined in rules of the Commission.
(3) Have a mechanism in place for receiving and investigating complaints about licensees.
(4) 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.
(5) Implement or utilize procedures for considering the criminal history records of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records.
a. A member state shall, within a time frame established by the Commission, require a criminal background check for a licensee seeking/applying for a compact privilege whose primary state of residence is that member state, by receiving the results of the Federal Bureau of Investigation criminal record search, and shall use the results in making licensure decisions.
b. Communication between a member state, the Commission and among member states regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under U.S. Public Law 92-544.
(6) Comply with the rules of the Commission;
(7) Utilize only a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and
(8) Have continuing competence/education requirements as a condition for license renewal.
(b) 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.
(c) Member states may charge a fee for granting a compact privilege.
(d) A member state shall provide for the state's delegate to attend all Occupational Therapy Compact Commission meetings.
(e) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the compact privilege in any other member state.
(f) Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single-state license.
83 Del. Laws, c. 394, § 1;