reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 7. BOARD OF CHIROPRACTIC › § 719. Treatment or examination of minors.

§ 719. 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 involving the breasts, genitalia or rectum, regardless of sex of the licensed person and patient, except when rendering care during an emergency. When using an adult staff member to observe the treatment or examination, the adult staff member shall be of the same gender as the patient when practicable. The minor patient may decline the presence of a third person only with consent of a parent, guardian or other caretaker. The minor patient may request private consultation with the licensee without the presence of a third person after the physical examination.
(b) When a minor patient is to be disrobed, partially disrobed or will undergo a physical examination involving the breasts, genitalia or rectum, 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, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 9. DEADLY WEAPONS DEALERS › § 901. License requirement.

§ 901. License requirement.
No person shall engage in the business of selling any pistol or revolver, or stiletto, steel or brass knuckles, or other deadly weapon made especially for the defense of one's person without first having obtained a license therefor, which license shall be known as “special license to sell deadly weapons.” No person licensed or unlicensed shall possess, sell or offer for sale any switchblade knife.
This section shall not apply to toy pistols, pocket knives or knives used for sporting purposes and in the domestic household, or surgical instruments or tools of any kind.
26 Del. Laws, c. 15, §  1;  Code 1915, §  257;  Code 1935, §  231;  24 Del. C. 1953, §  901;  49 Del. Laws, c. 77;  66 Del. Laws, c. 184, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 9. DEADLY WEAPONS DEALERS › § 902. Application and fee for license; duration; renewal.

§ 902. Application and fee for license; duration; renewal.
Whoever desires to engage in the business of selling any of the articles referred to in the first paragraph of § 901 of this title shall apply to the Department of State to obtain a license to conduct such business and shall pay an application fee of $50 to the Department. The license shall entitle the holder thereof to conduct such business until June 1 next succeeding its date. An application for renewal of such license shall be accompanied by a payment of $50 to the Department.
26 Del. Laws, c. 15, §  2;  27 Del. Laws, c. 30;  Code 1915, §  258;  Code 1935, §  232;  42 Del. Laws, c. 71, §  1;  24 Del. C. 1953, §  902;  49 Del. Laws, c. 346, §  3;  61 Del. Laws, c. 406, §  1;  65 Del. Laws, c. 379;  66 Del. Laws, c. 249, §  1;  75 Del. Laws, c. 88, §  17(2);
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 9. DEADLY WEAPONS DEALERS › § 903. Sale to persons under 21 or intoxicated persons.

§ 903. Sale to persons under 21 or intoxicated persons.
No person shall sell to a person under the age of 21 or any intoxicated person any of the articles referred to in the first paragraph of § 901 of this title.
26 Del. Laws, c. 15, §  3;  Code 1915, §  259;  30 Del. Laws, c. 28, §  1;  Code 1935, §  233;  42 Del. Laws, c. 71, §  2;  24 Del. C. 1953, §  903;  66 Del. Laws, c. 184, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 9. DEADLY WEAPONS DEALERS › § 904A. Background checks for sales between unlicensed persons.

§ 904A. Background checks for sales between unlicensed persons.
(a) For purposes of this section:
(1) “Dealer” means any person licensed as a deadly weapons dealer under this chapter and 18 U.S.C. § 921 et seq.
(2) “Firearm” means as defined under § 8571 of Title 11.
(3) “Prospective buyer” includes a prospective transferee.
(4) “Prospective seller” includes a prospective transferor.
(5) “Transfer” means as defined under § 1448B of Title 11.
(6) “Unlicensed person” means as defined under § 1448B of Title 11.
(b) As a condition of its license, any dealer holding a license under this chapter shall facilitate the transfer of a firearm from any unlicensed person on the request of the unlicensed person, through the following procedure:
(1) The prospective buyer and prospective seller shall jointly appear at the place of business of the dealer, during the dealer's regular hours of business, and shall inform the dealer of their desire to avail themselves of this subsection.
(2) The dealer shall subject the prospective buyer to a background check under § 1448A of Title 11.
(3) If the background check under paragraph (b)(2) of this section reveals that the prospective buyer is prohibited from possessing, purchasing, or owning a firearm under § 1448 of Title 11, the dealer shall inform the prospective buyer and prospective seller of that fact and the transfer may not take place.
(4) The dealer shall maintain a record of all background checks conducted under this section in accordance with § 904 of this title.
(5) Any dealer who is asked to facilitate the transfer of a firearm under this section, may charge a reasonable fee for the service, which may not exceed $30 per background check performed under this section. Notwithstanding the foregoing, a fee may not be charged for the return of a firearm to its owner if the proposed transaction may not be immediately and legally completed as the result, or lack thereof, of a background check under this subsection.
(6) Failure or refusal on the part of the dealer to facilitate the transfer of a firearm under this subsection is adequate cause to suspend the license of the dealer for a period not to exceed 30 days per occurrence.
(7) Subject to subchapter IV of Chapter 101 of Title 29, a dealer's license may not be restricted, suspended, or revoked until the dealer has been given notice and an opportunity to be heard in accordance with the Administrative Procedures Act (Chapter 101 of Title 29).
(c) Nothing in this section, or any other section of the Code, authorizes or permits the State or any agency, department, or instrumentality thereof to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons prohibited from receiving a firearm under Chapter 5 of Title 11. Any such system of registration is expressly prohibited.
69 Del. Laws, c. 324, §  1;  79 Del. Laws, c. 20, §  9;  83 Del. Laws, c. 330, § 6;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 9. DEADLY WEAPONS DEALERS › § 905. Penalties.

§ 905. Penalties.
Whoever violates this chapter shall be fined not more than $250 or imprisoned not more than 6 months, or both.
26 Del. Laws, c. 15, §  5;  Code 1915, §  260;  Code 1935, §  234;  24 Del. C. 1953, §  905;  66 Del. Laws, c. 184, §  4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter I. State Board of Dentistry and Dental Hygiene › § 1100. Objectives.

§ 1100. Objectives.
The primary objective of the State Board of Dentistry and Dental Hygiene, 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 and unprofessional practices.
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.
71 Del. Laws, c. 31, §  1;  77 Del. Laws, c. 463, §  3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter I. State Board of Dentistry and Dental Hygiene › § 1103. Organization; meetings; officers; quorum.

§ 1103. Organization; meetings; officers; quorum.
(a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year and at such times as the President deems necessary, or at the request of a majority of 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. No disciplinary action shall be taken without the affirmative vote of 5 members of the Board.
(d) When members of the Dental Hygiene Advisory Committee participate in voting on matters listed in § 1105(c)(1)-(5) of this title, the Board composition shall be 12 voting members, so that 7 members shall constitute a quorum.
(e) Minutes of all meetings shall be recorded and copies shall be maintained by the Division of Professional Regulation. 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.
17 Del. Laws, c. 496, §  3;  21 Del. Laws, c. 242, §  2;  26 Del. Laws, c. 133, §  1;  Code 1915, §  888;  38 Del. Laws, c. 48, §  2;  Code 1935, §  969;  42 Del. Laws, c. 93, §  1;  24 Del. C. 1953, §  1104;  65 Del. Laws, c. 210, §§  3, 4, 12;  67 Del. Laws, c. 366, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 31, §  1;  73 Del. Laws, c. 332, §  3;  77 Del. Laws, c. 463, §  5;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter I. State Board of Dentistry and Dental Hygiene › § 1104. Records.

§ 1104. Records.
The Division of Professional Regulation shall keep a register of all approved applications for license as a dentist or a dental hygienist 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.
Code 1915, §  890;  38 Del. Laws, c. 48, §  2;  Code 1935, §  971;  24 Del. C. 1953, §  1106;  65 Del. Laws, c. 210, §  12;  71 Del. Laws, c. 31, §  1;  73 Del. Laws, c. 332, §  3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter I. State Board of Dentistry and Dental Hygiene › § 1105. Dental Hygiene Advisory Committee.

§ 1105. Dental Hygiene Advisory Committee.
(a) There is created a State Dental Hygiene Advisory Committee which shall serve the Board on matters pertaining to the policy and practice of dental hygiene.
(b) The Committee shall consist of 3 licensed dental hygienists, appointed by the Governor, who are residents of this State and who have been actively practicing dental hygiene in this State for 2 years immediately preceding appointment to the Committee.
(1) No person shall be eligible for appointment to the Committee who is in any manner connected with or who has an interest in any dental hygiene college or the dental hygiene department of any college or university or any commercial dental enterprise.
(2) Each member shall serve a term of 3 years and remain eligible to participate in proceedings unless and until replaced by the Governor.
(3) All terms shall be staggered so that 1 new member is added and 1 member is retired each year.
(4) A member of the Committee shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency or neglect of duty.
(5) No member of the Committee shall hold elective office in any professional association of dental hygienists.
(6) Each member of the Committee shall be reimbursed, according to the policy of the Division of Professional Regulation, for all expenses involved in each meeting, including travel; and in addition, shall receive $50 for each meeting attended but not more than $500 in any calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended in that year.
(7) No 2 dental hygienists from the same practice may serve on the Advisory Committee at the same time.
(c) The Committee shall participate with members of the Board in:
(1) Voting on the qualifications of candidates who apply for licensure to practice dental hygiene;
(2) Voting on the composition of the state dental hygiene clinical/practical examination;
(3) Voting on the requirements for renewal of dental hygiene licenses;
(4) Voting on disciplinary actions involving hygienists; and
(5) Voting on other matters involving the policy and practice of dental hygiene as defined in § 1101(12) of this title and further defined in the Board's rules and regulations. The Committee shall not vote on matters involving changing the scope of practice as defined in § 1101(12) of this title.
65 Del. Laws, c. 210, §  16;  71 Del. Laws, c. 31, §  1;  73 Del. Laws, c. 332, §  3;  77 Del. Laws, c. 463, §§  6-8;  79 Del. Laws, c. 261, §  1;  80 Del. Laws, c. 80, §  9;  82 Del. Laws, c. 75, § 2;  83 Del. Laws, c. 52, § 9;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter II. Dentistry and Dental Hygiene › § 1121. License required.

§ 1121. License required.
(a) No person shall practice dentistry or dental hygiene or hold himself or herself out to the public in this State as being qualified to practice dentistry or dental hygiene 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 dentistry or dental hygiene unless such person has been duly licensed under this chapter.
(b) A dental hygienist licensed under this chapter shall practice dental hygiene only under the general supervision of a licensed dentist, in the office of the licensed dentist or in any public school or other public institution of this State.
(c) A licensed dental hygienist may practice under the general supervision of the State Dental Director, or the State Dental Director's designee, who shall be a licensed Delaware dentist, in schools and state institutions. A licensed dental hygienist may also practice under the general supervision of the State Dental Director, or the State Dental Director's designee, who shall be a Delaware licensed dentist, in federally qualified health centers, nonprofit organizations, and other locations as designated by the Delaware Health Care Commission in consultation with Delaware Institute for Dental Education and Research. The protocols under which hygienists practice in these settings will be established by the State Dental Director and shall be subject to the approval of the Delaware State Board of Dentistry and Dental Hygiene.
(d) The State Dental Director must be a Delaware licensed dentist or have a community health license under § 1132B of this title. The State Director is an employee of a government-operated dental clinic.
(e) Whenever a license to practice as a dentist or dental hygienist in this State has expired or has been suspended or revoked, it shall be unlawful for the person to practice dentistry or dental hygiene in this State.
73 Del. Laws, c. 332, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 463, §  3;  83 Del. Laws, c. 420, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter II. Dentistry and Dental Hygiene › § 1123. Examinations.

§ 1123. Examinations.
(a) (1) An applicant applying for licensure by examination shall successfully pass, with a score established by the Board, a validated practical examination prepared and administered by the Board.
(2) The examination required under paragraph (a)(1) of this section must be validated as to content and scoring by a member of the faculty of an accredited school of dentistry who meets all of the following:
a. Is not licensed to practice dentistry in this State.
b. Is selected by the Division and the Board.
(3) An applicant who has failed the practical examination 3 times may not take the examination again unless the applicant can provide evidence of mitigating circumstances to the satisfaction of the Board.
(b) An applicant applying for licensure by examination shall submit evidence, verified by oath satisfactory to the Board, that the person meets the following:
(1) If applying for licensure as a dentist, that the person meets all of the following:
a. Has received a degree in dentistry from a dental college or university accredited by the Commission on Dental Accreditation of the American Dental Association.
b. Has submitted proof satisfactory to the Board that the applicant has successfully completed the National Board of Dental Examiners' examinations in dentistry with a passing score established by the Board.
c. Has successfully passed a written jurisprudence examination on Delaware laws pertaining to dentistry.
(2) If applying for licensure as a dental hygienist, that the person meets all of the following:
a. Has fulfilled the requirements under § 1122(b) of this title.
b. Has submitted proof satisfactory to the Board that the applicant has successfully passed the National Board of Dental Examiners' examination in dental hygiene with a passing score established by the Board.
c. Has successfully passed a written jurisprudence examination on Delaware laws pertaining to dental hygiene.
(3) [Repealed.]
(c) All examinations under this section must be approved by the Division and the Board.
73 Del. Laws, c. 332, §  1;  74 Del. Laws, c. 61, §  1;  77 Del. Laws, c. 463, §  18;  83 Del. Laws, c. 420, § 3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter II. Dentistry and Dental Hygiene › § 1124. Dentists and dental hygienists licensed in other jurisdictions.

§ 1124. Dentists and dental hygienists licensed in other jurisdictions.
(a) On 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 practice dentistry or dental hygiene 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 maintained the applicant's license in “good standing” and has satisfied all requirements of § 1122(c)(2) through (c)(7) of this title.
(2) For licensure as a dental hygienist, meet all of the following:
a. Has practiced for a minimum of 3 of the last 5 years in the state in which the applicant currently is or has been licensed.
b. Has passed the examinations required under § 1123(b)(2)b. and (b)(2)c. of this title.
(3) For licensure as a dentist, meet all of the following:
a. Has received a degree in dentistry from an accredited dental college or university accredited by the Commission on Dental Accreditation of the American Dental Association.
b. Has submitted proof that the applicant has had 3 years of active dental practice in another state, the District of Columbia, or a territory of the United States.
c. The requirements under § 1122(a)(1), (a)(2), (a)(4), and (a)(5) of this title.
(4) [Repealed.]
(5) Has submitted proof of a valid certification in cardiopulmonary resuscitation (CPR) technique in accordance with regulations adopted by the Board.
(b) [Repealed.]
(c) An applicant for licensure under this section shall have remained academically current, through continuing education or otherwise, as determined by the Board.
73 Del. Laws, c. 332, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 436, §  10;  77 Del. Laws, c. 463, §§  19-21;  83 Del. Laws, c. 420, § 4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter II. Dentistry and Dental Hygiene › § 1125. Fees.

§ 1125. 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.
73 Del. Laws, c. 332, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter II. Dentistry and Dental Hygiene › § 1126. Issuance and renewal of licenses; replacement of licenses.

§ 1126. Issuance and renewal of licenses; replacement of licenses.
(a) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a dentist or dental hygienist and who pays the fee established in § 1125 of this title.
(b) Each license shall be renewed biennially, in such manner as is 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 and proof that the licensee has not been convicted of a crime substantially related to the practice of dentistry or dental hygiene unless a waiver is granted pursuant to § 1122(c)(4) of this title.
(c) The Board, in its rules and regulations, shall determine the period of time within which a licensed dentist or dental hygienist may still renew his or her 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. Any licensee who fails to renew on or before the renewal date, and any allowable extensions, not to exceed 1 year, will be considered a new applicant.
(d) Any person whose license or certificate has expired for failure to make biennial registration over a period of more than 5 years and who has not been in the active full-time practice or dentistry or dental hygiene in another state or territory of the United States during the previous 5 years is required, in addition to applying as a new applicant, to submit to reexamination or other formal assessment of competency as approved by the Board.
(e) All individuals licensed under this chapter, upon written request, may be placed in an inactive status in accordance with the Board's rules and regulations. Such individual may reenter practice upon written notification to the Board of the intent to do so and completion of continuing education as required in the Board's rules and regulations. The Board may establish by regulation provisions for resuming active status.
(f), (g) [Repealed.]
73 Del. Laws, c. 332, §  1;  77 Del. Laws, c. 199, §  8;  77 Del. Laws, c. 463, §§  22-26;  80 Del. Laws, c. 314, § 2;  82 Del. Laws, c. 8, § 3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter II. Dentistry and Dental Hygiene › § 1127. Complaints.

§ 1127. Complaints.
(a) All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.
(b) When it is determined that an individual is engaging or has engaged in the practice of dentistry or dental hygiene or is using the title “dentist” or “dental hygienist,” and is not licensed under the laws of this State, the Board shall report to the office of the Attorney General for appropriate action.
(c) The Division shall have the authority to conduct inspections upon receipt of any complaint in connection with § 1128(12) 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, 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.
73 Del. Laws, c. 332, §  1;  78 Del. Laws, c. 15, §  6;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter II. Dentistry and Dental Hygiene › § 1130. Hearing procedures.

§ 1130. Hearing procedures.
(a) If a complaint is filed with the Board by the office of the Attorney General pursuant to § 8735 of Title 29 alleging violation of § 1128 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) The technical rules of evidence shall not apply to hearings before the Board. If the Board finds, by a majority vote of all members hearing the case, that the complaint has been established by a preponderance of evidence, 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.
73 Del. Laws, c. 332, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter II. Dentistry and Dental Hygiene › § 1131. Duty to self-report.

§ 1131. Duty to self-report.
(a) A licensee shall self-report to the Board:
(1) Any arrest or the bringing of an indictment or information charging the licensee with a crime substantially related to the practice of dentistry and dental hygiene as defined in the Board's rules and regulations.
(2) The conviction of the licensee, including any verdict of guilty or plea of guilty or no contest, of any crime substantially related to the practice of dentistry and dental hygiene as defined by the Board in its rules and regulations.
(b) The report required by this section shall be made in writing within 30 days of the date of the arrest, bringing of the indictment or information or of the conviction.
(c) Failure to make a report required by this section constitutes grounds for discipline under § 1128 of this title.
77 Del. Laws, c. 463, §  31;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter II. Dentistry and Dental Hygiene › § 1131A. Duty to report conduct that constitutes grounds for discipline or inability to practice.

§ 1131A. Duty to report conduct that constitutes grounds for discipline or inability to practice.
(a) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter or any other healthcare provider has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other healthcare provider's licensing statute.
(b) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter or any other healthcare provider may be unable to practice with reasonable skill and safety to the public by reason of mental illness or mental incompetence; physical illness; including deterioration through the aging process or loss of motor skill; or excessive abuse of drugs, including alcohol.
(c) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation any information that the reporting person reasonably believes indicates that a person certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol.
(d) All reports required under subsections (a), (b) and (c) of this section must be filed within 30 days of becoming aware of such information. A person reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant.
78 Del. Laws, c. 147, §  4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter II. Dentistry and Dental Hygiene › § 1131B. Treatment or examination of minors.

§ 1131B. Treatment or examination of minors.
(a) A parent, legal guardian or other caretaker, or adult staff member, shall be present when a person licensed or certified to practice dentistry or dental hygiene under this chapter provides services to a minor, regardless of the sex of the licensed or certified person and minor, whenever a door to the treatment room is required to be closed or any time the minor is sedated.
(b) When a minor is to receive services, the person licensed or certified to practice dentistry or dental hygiene under this chapter shall provide notice to the parent, legal guardian or other caretaker of the rights under subsection (a) of this section. The notice shall be provided in written form and shall be posted conspicuously in the location where services will be provided.
(c) For the purposes of this section, “minor” is defined as a person 15 years of age or younger, “adult staff member” is defined as a person 18 years of age or older who is acting under the direction of the licensed person or the employer of the licensed person or who is otherwise licensed under this chapter.
(d) The person licensed under this chapter that provides treatment to a minor pursuant to this section shall, contemporaneously with such treatment, note in the patient's record the name of each person present when such treatment is being provided.
79 Del. Laws, c. 169, §  4;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter II. Dentistry and Dental Hygiene › § 1132. Limited license — Fee.

§ 1132. Limited license — Fee.
(a) Upon completion of an application approved by the Board and payment of a fee established by the Division, the Board may issue a limited license to an applicant for licensure as a dentist who has fulfilled the requirements of § 1122(a)(1) and (2) of this title, and who furnishes proof satisfactory to the Board that the applicant has been appointed a dental intern in a hospital or other institution maintained by this State, by a county or municipality thereof, or in a hospital or dental infirmary incorporated under the laws of this State.
(b) The limited license shall entitle the applicant to practice dentistry only in the hospital or other institution designated on the license and only on bona fide patients of the hospital or institution and under the direction of a licensed dentist employed therein or on the staff thereof.
(c) The applicant for limited license shall comply with the provisions of § 1122(c)(1)-(7) of this title.
(d) The holder of a limited license shall be bound by all other applicable provision of this chapter.
(e) The limited license shall be renewed annually.
73 Del. Laws, c. 332, §  1;  77 Del. Laws, c. 463, §  32;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter III. Other Provisions › § 1133. Exemptions.

§ 1133. Exemptions.
Nothing in this chapter shall be construed to prevent:
(1) A licensed dentist or dental hygienist serving in any branch of the United States Armed Services, Veterans' Administration or Public Health Service from discharging the dentist's or dental hygienist's official duties;
(2) A licensed physician or surgeon from extracting teeth or treating pathological conditions of the mouth, teeth or oral tissues, or from radiographing such tissues, unless such person practices dentistry as a specialty;
(3) A lawful practitioner of dentistry in another state, the District of Columbia or a territory of the United States from making a clinical demonstration for educational purposes before a dental society, convention, association of dentists or dental college or performing duties in connection with a specific case on which the practitioner may have been called to this State by a legally qualified practitioner of dentistry of this State.
(4) A practitioner of dentistry who maintains a lawful dental license to practice in another state, the District of Columbia or a territory of the United States from making a clinical demonstration in connection with the lawful research and development of dental product or dental products manufactured by a dental manufacturer complying with guidelines set forth by the United States Food and Drug Administration.
(5) A person not currently licensed as a dentist under this chapter from owning or operating a nonprofit, tax-exempt organization as described in §§ 501(c)(3), 509(a)(1) and 170(b)(1)(A)(iii) of the Internal Revenue Code (26 U.S.C. §§ 501(c)(3), 509(a)(1), and 170(b)(1)(A)(iii)) so long as such person is not otherwise practicing dentistry.
73 Del. Laws, c. 332, §  2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 463, §  34;  80 Del. Laws, c. 259, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter III. Other Provisions › § 1134. Penalty.

§ 1134. Penalty.
A person not currently licensed as a dentist or dental hygienist under this chapter who engages in the practice of dentistry or dental hygiene or uses in connection with that person's name, or otherwise assumes or uses, any title or description conveying, or tending to convey, the impression that the person is qualified to practice dentistry or dental hygiene shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 nor more than $1,000 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 Courts shall have jurisdiction over all violations of this section.
73 Del. Laws, c. 332, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter III. Other Provisions › § 1135. Certain unlawful acts; supervision by dentists.

§ 1135. Certain unlawful acts; supervision by dentists.
(a) No person shall repair, construct, adjust or alter any appliance, denture or dental restoration except under the authorization and responsibility of a licensed practitioner of dentistry as defined by this chapter.
(b) Dentists may have direct supervision of dental assistants.
73 Del. Laws, c. 332, §  2;  77 Del. Laws, c. 463, §  35;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter III. Other Provisions › § 1136. Prescriptions for dentists.

§ 1136. Prescriptions for dentists.
Pharmacists licensed by this State may fill prescriptions of dentists licensed by this State for any drug necessary in the practice of dentistry, dental surgery or oral surgery.
73 Del. Laws, c. 332, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter III. Other Provisions › § 1138. Accreditation of facilities where office-based surgeries are performed.

§ 1138. 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 such facility 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, §  4;  81 Del. Laws, c. 417, § 3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter IV. Violations and Penalties; Enforcement › § 1171. Name used in practice of dentistry.

§ 1171. Name used in practice of dentistry.
(a) Any dentist who practices or offers to practice dentistry or dental surgery may use a trade name that is not false, misleading or deceptive provided that the proper name of 1 of the owners, all of whom must be dentists, is used in conjunction with the trade name.
(b) Advertisements in any medium shall include the name, as it appears on the current biennial renewal certificate, and the degree — D.D.S. or D.M.D. — of at least 1 licensed dentist who is an owner of the dental facility.
(c) A directory listing all of the names of the dentists practicing at that location shall be prominently displayed in the entrance or reception area of the dental facility.
(d) The names of dentists who have practiced under the trade name shall be maintained in the records of the dental facility for at least 5 years following their departure from the practice.
(e) The use of the name of a dentist no longer actively associated with the practice may not be continued for longer than 1 year.
(f) A trade name may not include the word “clinic” unless the name designates a public or nonprofit facility.
(g) A trade name may not include the word “institute” unless the name designates an educational or research facility.
(h) A trade name may not, by the use of plurals or otherwise, misrepresent the number of dentists practicing at a facility.
Code 1915, §  892T;  38 Del. Laws, c. 48, §  2;  Code 1935, §  993;  24 Del. C. 1953, §  1171;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 463, §  36;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter IV. Violations and Penalties; Enforcement › § 1172. Unlawful acts; penalty.

§ 1172. Unlawful acts; penalty.
Whoever employs a person who is not a licensed dentist to perform dental operations as defined in this chapter or permits such persons to practice dentistry in the employer's office; or whoever practices dentistry under a false name or assumes a title or appends or prefixes to that person's name letters which falsely represent the person as having a degree from a chartered dental college, or makes use of the words “dental college” or “dental school” or equivalent words when not lawfully authorized so to do, or impersonates another at an examination held by the Board, or knowingly makes a false application or a false representation in connection with such examination; shall be fined not less than $100 nor more than $200.
Code 1915, §  892Y;  38 Del. Laws, c. 48, §  2;  Code 1935, §  998;  24 Del. C. 1953, §  1172;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter IV. Violations and Penalties; Enforcement › § 1174. Practice of dentistry after cancellation of registration.

§ 1174. Practice of dentistry after cancellation of registration.
Any person whose registration as a practitioner of dentistry has been cancelled under this chapter shall be deemed an unregistered person and subject as such to the penalties prescribed for the practice of dentistry by persons who are not duly registered.
Code 1915, §  892S;  38 Del. Laws, c. 48, §  2;  Code 1935, §  992;  24 Del. C. 1953, §  1174;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter IV. Violations and Penalties; Enforcement › § 1175. Filing of false documents or forged affidavits; penalty.

§ 1175. Filing of false documents or forged affidavits; 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 $1,000 nor more than $5,000 and imprisoned not more than 5 years.
Code 1915, §  892L;  38 Del. Laws, c. 48, §  2;  Code 1935, §  985;  24 Del. C. 1953, §  1175;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 463, §  37;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter IV. Violations and Penalties; Enforcement › § 1176. Certain specific offenses; penalty.

§ 1176. Certain specific offenses; penalty.
Repealed by 77 Del. Laws, c. 463, § 46, effective July 30, 2010.
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter IV. Violations and Penalties; Enforcement › § 1177. Sale or offer to sell, procurement, alteration or use of diploma, license or certificate; penalty.

§ 1177. Sale or offer to sell, procurement, alteration or use of diploma, license or certificate; penalty.
Whoever sells or offers to sell a diploma conferring a dental degree or a license or a certificate granted pursuant to this chapter or procures such diploma or license or certificate with intent to use the same as evidence of the right to practice dentistry as defined by law, by a person other than the 1 to whom such diploma was issued or to whom such license was granted or any person who, with fraudulent intent, alters such diploma or license or certificate or attempts to use the same shall be fined not less than $1,000 nor more than $5,000.
Code 1915, §  892X;  38 Del. Laws, c. 48, §  2;  Code 1935, §  997;  24 Del. C. 1953, §  1177;  77 Del. Laws, c. 463, §  38;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter IV. Violations and Penalties; Enforcement › § 1178. Practice without registration or certificate; separate offenses; penalty.

§ 1178. Practice without registration or certificate; separate offenses; penalty.
Whoever practices or attempts to practice dentistry or dental hygiene within this State without having been licensed to practice dentistry or dental hygiene or during the period of suspension or revocation of such license previously granted shall be fined not less than $500 nor more than $1,000, 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 nor more than $5,000 and imprisoned not less than 6 months nor more than 1 year.
Each act of practice or attempt to practice dentistry or dental hygiene in violation of this section shall be a separate offense.
Code 1915, §  892P;  38 Del. Laws, c. 48, §  2;  Code 1935, §  989;  24 Del. C. 1953, §  1178;  49 Del. Laws, c. 287;  65 Del. Laws, c. 210, §  12;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 463, §§  39-41;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter IV. Violations and Penalties; Enforcement › § 1179. Penalty in absence of specific designation.

§ 1179. Penalty in absence of specific designation.
Whoever violates any provision or law relating to the practice of dentistry or dental hygiene or the application for examination and licensing of dentists and registration of dental hygienists, for which no specific penalty has been prescribed, shall be fined not less than $500 nor more than $1,000.
Code 1915, §  892Z;  38 Del. Laws, c. 48, §  2;  Code 1935, §  999;  24 Del. C. 1953, §  1179;  65 Del. Laws, c. 210, §  12;  77 Del. Laws, c. 463, §  42;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter IV. Violations and Penalties; Enforcement › § 1180. Second or subsequent offenses.

§ 1180. Second or subsequent offenses.
Whoever is convicted of a second or subsequent offense under § 1172, § 1173 [repealed], § 1177 or § 1179 of this title shall be punished by the maximum fine prescribed in such section or by imprisonment for not less than 10 nor more than 60 days or by both such fine and imprisonment.
Code 1915, §  892AA;  38 Del. Laws, c. 48, §  2;  Code 1935, §  1000;  24 Del. C. 1953, §  1180;  82 Del. Laws, c. 8, § 3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter IV. Violations and Penalties; Enforcement › § 1181. Enforcement of chapter; prosecution for violations.

§ 1181. Enforcement of chapter; prosecution for violations.
(a) [Repealed.]
(b) All violations of the laws relating to the practice of dentistry and dental hygiene shall be prosecuted in courts of this State by the Attorney General or one of the Attorney General's deputies.
17 Del. Laws, c. 496, §  7;  21 Del. Laws, c. 242, §  4;  Code 1915, §  892;  38 Del. Laws, c. 48, §  2;  Code 1935, §  973;  24 Del. C. 1953, §  1181;  65 Del. Laws, c. 210, §  12;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 463, §§  43, 44;