reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter IV. Marriage and Family Therapists › § 3050. License required.

§ 3050. License required.
No person shall hold himself or herself out to the public as a licensed marriage and family therapist or a licensed associate marriage and family therapist unless the person is licensed in accordance with this chapter. It shall be unlawful for any person who is not licensed under this chapter, or the person's employees, agents, or representatives to use in connection with the person's name or business the words “licensed marriage and family therapist,” “licensed associate marriage and family therapist,” or any other words, letters, abbreviations or insignia indicating or implying directly or indirectly that such person is licensed.
75 Del. Laws, c. 83, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter IV. Marriage and Family Therapists › § 3051. Definitions.

§ 3051. Definitions.
(a) [Repealed.]
(b) “Licensed associate marriage and family therapist” (LAMFT) is an individual licensed as an associate marriage and family therapist under this chapter who is obtaining experience under professional direct supervision for the purpose of becoming licensed as a marriage and family therapist.
(c) “Licensed marriage and family therapist” (LMFT) is an individual licensed as a marriage and family therapist under this chapter who offers to individuals, couples, families or groups professional marriage and family services either directly to the general public or through public or private organizations.
(d) “Marriage and family therapy” includes the diagnosis and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of interpersonal relationships, including marriage and family systems, and involves the professional application of psychotherapy, assessment instruments, counseling, consultation, treatment planning, and supervision in the delivery of services to individuals, couples and families.
(e) “Professional direct supervision” is face-to-face consultation, on a regularly scheduled basis, between a supervisee and a qualified, licensed marriage and family therapist (LMFT) or other behavioral health professional approved by the Board. The Board approved supervisor is responsible for insuring that the extent, kind and quality of the services rendered are consistent with the supervisee's education, training and experience.
75 Del. Laws, c. 83, §  1;  80 Del. Laws, c. 80, §  17;  81 Del. Laws, c. 14, § 6;  81 Del. Laws, c. 425, § 19;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter IV. Marriage and Family Therapists › § 3053. Qualifications of applicant for licensed associate marriage and family therapist.

§ 3053. Qualifications of applicant for licensed associate marriage and family therapist.
(a) An applicant who is applying for licensure as an associate marriage and family therapist under this chapter shall submit a completed application form, pay the required fee, and furnish evidence, verified by oath and satisfactory to the Board that such person has met all the requirements established in this subchapter for licensed marriage and family therapists, except the requirements dealing with required experience.
(b) A plan for professional direct supervision of the associate marriage and family therapist shall be submitted to and approved by the Board prior to the applicant's acquiring the marriage and family therapy experience necessary for license as a marriage and family therapist.
(c) The associate marriage and family therapist license shall be effective for a period of 2 years. The license may be renewed up to 2 times.
(d) A LAMFT may submit an application for LMFT upon fulfillment of the experience requirements of this subchapter.
75 Del. Laws, c. 83, §  1;  81 Del. Laws, c. 14, § 8;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter IV. Marriage and Family Therapists › § 3054. Reciprocity.

§ 3054. Reciprocity.
(a) Upon payment of the application fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who shall present proof of current licensure in good standing in another state, the District of Columbia or territory of the United States, whose standards for license are substantially similar to those of this State. A license in good standing is defined in § 3052(a)(4)-(8) of this title.
(b) An applicant who is licensed in a jurisdiction whose standards are not substantially similar to those of this State but who has held a license in good standing for a minimum of 5 years in the jurisdiction from which the applicant is applying for reciprocal license, and who has taken and passed the AMFTRB National Examination or other MFT licensing exam acceptable to the Board may be licensed, provided the applicant meets all other qualifications for reciprocity.
75 Del. Laws, c. 83, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 393, §  3;  81 Del. Laws, c. 14, § 9;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter V. Professional Art Therapists › § 3061. License required.

§ 3061. License required.
An individual may not hold himself or herself out to the public as a licensed professional art therapist (LPAT) or licensed associate art therapist (LAAT) unless the individual is licensed in accordance with this subchapter. It is unlawful for any individual who is not licensed under this chapter, or the individual's employees, agents, or representatives to use in connection with that individual's name or business the words “licensed professional art therapist,” “licensed associate art therapist,” or otherwise assume or use any title or description conveying or tending to convey the impression that the individual is licensed to practice art therapy, unless such individual has been duly licensed under this chapter.
81 Del. Laws, c. 165, § 3;  70 Del. Laws, c. 186, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter V. Professional Art Therapists › § 3063. Qualifications of applicant for licensed associate art therapists.

§ 3063. Qualifications of applicant for licensed associate art therapists.
(a) An applicant who is applying for licensure as an associate art therapist under this subchapter shall submit a completed application form, pay the required fee, and furnish evidence, verified by oath and satisfactory to the Board that such person has met all the requirements established in this subchapter for licensed professional art therapists, except the requirements dealing with required experience and national certification.
(b) A plan for supervised experience of the associate art therapist must be submitted to and approved by the Board prior to the applicant's acquiring the art therapy experience necessary for licensure as a licensed professional art therapist.
(c) The associate art therapy license is effective for a period of 2 years. The license may be renewed up to 2 times.
(d) A licensed associate art therapist may submit an application for licensure as a licensed professional art therapist (LPAT) upon fulfillment of the experience requirements of this subchapter.
81 Del. Laws, c. 165, §§ 3, 3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30. MENTAL HEALTH AND CHEMICAL DEPENDENCY PROFESSIONALS › Subchapter V. Professional Art Therapists › § 3064. Licensure by reciprocity and endorsement.

§ 3064. Licensure by reciprocity and endorsement.
(a) Upon payment of the application 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 licensure as an art therapist in good standing in another state, the District of Columbia, or territory of the United States, whose standards for such license are substantially similar to those of this State. A license in good standing is defined in § 3062(4) through (8) of this title.
(b) An applicant who is licensed in a jurisdiction whose standards are not substantially similar to those of this State, but who has held a license in good standing for a minimum of 5 years in the jurisdiction from which the applicant is applying for reciprocal license, and who has taken and passed the Board examination of the Art Therapy Credentials Board (ATCB) acceptable to the Board may be licensed, provided the applicant meets all other qualifications for reciprocity.
81 Del. Laws, c. 165, § 3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30A. Multistate Professional Counselor Licensure Compact › § 3001A. Purpose.

§ 3001A. Purpose.
The purpose of this Compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is located at the time of the counseling services. 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 professional counseling 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 multistate practice for licensed professional counselors;
(4) Support spouses of relocating active duty military personnel;
(5) Enhance the exchange of licensure, investigative, and disciplinary information among member states;
(6) Allow for the use of telehealth technology to facilitate increased access to professional counseling services;
(7) Support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;
(8) Invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses;
(9) Eliminate the necessity for licenses in multiple states; and
(10) Provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.
83 Del. Laws, c. 395, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30A. Multistate Professional Counselor Licensure Compact › § 3005A. Obtaining a new home state license based on a privilege to practice.

§ 3005A. Obtaining a new home state license based on a privilege to practice.
(a) A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only 1 member state at a time.
(b) If a licensed professional counselor changes primary state of residence by moving between 2 member states:
(1) The licensed professional counselor shall file an application for obtaining a new home state license based on a privilege to practice, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the Commission.
(2) Upon receipt of an application for obtaining a new home state license by virtue of a privilege to practice, the new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in § 3004A of this title via the data system, without need for primary source verification except for:
a. A Federal Bureau of Investigation fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with U.S. Public Law 92-544;
b. Other criminal background check as required by the new home state; and
c. Completion of any requisite jurisprudence requirements of the new home state.
(3) The former home state shall convert the former home state license into a privilege to practice once the new home state has activated the new home state license in accordance with applicable rules adopted by the Commission.
(4) Notwithstanding any other provision of this Compact, if the licensed professional counselor cannot meet the criteria in § 3004A of this title, the new home state may apply its requirements for issuing a new single state license.
(5) The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a new home state license.
(c) If a licensed professional counselor changes primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria shall apply for issuance of a single state license in the new state.
(d) Nothing in this Compact shall interfere with a licensee's ability to hold a ingle state license in multiple states, however for the purposes of this Compact, a licensee shall have only 1 home state license.
(e) 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. 395, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30A. Multistate Professional Counselor Licensure Compact › § 3006A. Active duty military personnel or their spouses.

§ 3006A. Active duty military personnel or their spouses.
Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state, or through the process outlined in § 3005A of this title.
83 Del. Laws, c. 395, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30A. Multistate Professional Counselor Licensure Compact › § 3007A. Compact privilege to practice telehealth.

§ 3007A. Compact privilege to practice telehealth.
(a) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with § 3003A of this title and under rules promulgated by the Commission, to practice professional counseling in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission.
(b) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.
83 Del. Laws, c. 395, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30A. Multistate Professional Counselor Licensure Compact › § 3010A. Data system.

§ 3010A. Data system.
(a) The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and Investigative Information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Adverse actions against a license or privilege to practice;
(4) Nonconfidential information related to alternative program participation;
(5) Any denial of application for licensure, and the reason for such denial;
(6) Current significant investigative information; and
(7) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.
(c) Investigative information pertaining to a licensee in any member state will only be available to other member states.
(d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
83 Del. Laws, c. 395, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30A. Multistate Professional Counselor Licensure Compact › § 3013A. Date of implementation of the Counseling Compact Commission and associated rules, withdrawal, and amendment.

§ 3013A. Date of implementation of the Counseling Compact Commission and associated rules, withdrawal, and amendment.
(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
(b) Any state that joins the Compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
(c) (1) Any member state may withdraw from this Compact by enacting a statute repealing the same.
(2) A member state's withdrawal shall not take effect until 6 months after enactment of the repealing statute.
(3) Withdrawal shall not affect the continuing requirement of the withdrawing state's professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.
(d) Nothing contained in this Compact shall be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.
(e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
83 Del. Laws, c. 395, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30A. Multistate Professional Counselor Licensure Compact › § 3014A. Construction and severability.

§ 3014A. 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 member state or of the United States or 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 contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
83 Del. Laws, c. 395, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 30A. Multistate Professional Counselor Licensure Compact › § 3015A. Binding effect of Compact and other laws.

§ 3015A. Binding effect of Compact and other laws.
(a) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state.
(b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.
(c) Any laws in a member state in conflict with the Compact are superseded to the extent of the conflict.
(d) Any lawful actions of the Commission, including all rules and bylaws properly promulgated by the Commission, are binding upon the member states.
(e) All permissible agreements between the Commission and the member states are binding in accordance with their terms.
(f) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
83 Del. Laws, c. 395, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter I. Board of Funeral Services › § 3100. Objectives.

§ 3100. Objectives.
(a) The primary objective of the Board of Funeral Services, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.
(b) 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:
(1) Develop standards assuring professional competence.
(2) Monitor complaints brought against practitioners regulated by the Board.
(3) Adjudicate at formal hearings regarding complaints brought against practitioners regulated by the Board.
(4) Promulgate rules and regulations.
(5) Impose sanctions where necessary against practitioners, both licensed and formerly licensed.
66 Del. Laws, c. 225, §  1;  71 Del. Laws, c. 460, §  1;  72 Del. Laws, c. 209, §§  1, 2;  80 Del. Laws, c. 194, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter I. Board of Funeral Services › § 3103. Organization; meetings; officers; quorum.

§ 3103. 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 shall elect annually 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 members shall constitute a quorum for the purpose of transacting business; and no disciplinary action shall be taken without the affirmative vote of at least 4 members of the Board.
(d) Minutes of all meetings shall be recorded, and copies shall be maintained by the Division. 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.
66 Del. Laws, c. 225, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 460, §  1;  80 Del. Laws, c. 194, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter I. Board of Funeral Services › § 3104. Records.

§ 3104. Records.
The Division shall keep a register of all approved applications for license as a funeral director, registration as an intern, and registration of establishment permits. The Division shall also 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 register and records shall be prima facie evidence of the proceedings of the Board.
71 Del. Laws, c. 460, §  1;  72 Del. Laws, c. 209, §  5;  80 Del. Laws, c. 194, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter II. License and Registration; Limited License; Establishment Permit › § 3106. License; registration required; responsibility.

§ 3106. License; registration required; responsibility.
(a) No person shall, without a license, engage in the practice of funeral services; hold himself or herself out to the public in this State as being qualified to practice funeral services; use or display in connection with that person's name any sign or advertise in any manner as being a funeral director or provider of funeral services; or otherwise assume or use any title or description conveying or tending to convey the impression that the person is qualified to practice funeral services.
(b) Practitioners regulated under this chapter shall observe and be subject to all federal, state, and municipal regulations relating to the control of contagious and infectious diseases, and any and all matters pertaining to public health, including reporting to the proper health office the same as other practitioners.
(c) Whenever a license to practice as a funeral director in this State has expired or been suspended or revoked, it shall be unlawful for the person to practice funeral services in this State and, if the individual is a sole proprietor, the establishment permit shall also be revoked.
(d) No person shall act as an intern or hold himself or herself out as a funeral services intern unless such person has been duly registered by the Board under this chapter.
(e) [Repealed.]
(f) No person or entity outside of this State shall broker funeral services within this State without being a duly-licensed Delaware funeral director operating from a duly licensed Delaware funeral establishment.
66 Del. Laws, c. 225, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 460, §  1;  80 Del. Laws, c. 194, §  2;  80 Del. Laws, c. 231, § 1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter II. License and Registration; Limited License; Establishment Permit › § 3108. Limited license.

§ 3108. Limited license.
Upon payment to the Board of a fee, established by the Division, and completion of an application on forms provided by the Board, the Board shall issue a limited license to a person who is validly licensed as a funeral director by another state of the United States, its possessions, territory, or the District of Columbia, provided that a similar privilege is granted by that jurisdiction to Delaware licensed funeral directors. A limited license will allow the licensee to make a removal of a dead human body in this State, return the body to another state or country, return dead bodies from another state or country to this State for final disposition, complete the family history portion of the death certificate, sign the death certificate in the licensee's capacity as a licensed funeral director, and execute any other procedures necessary to arrange for the final disposition of a dead human body.
71 Del. Laws, c. 460, §  1;  80 Del. Laws, c. 194, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter II. License and Registration; Limited License; Establishment Permit › § 3109. Reciprocity.

§ 3109. Reciprocity.
(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to each applicant who presents proof of current licensure in good standing in another state, the District of Columbia, or territory of the United States, whose standards for licensure are substantially similar to those of this State, as determined by the Board, and who meets all of the following criteria:
(1) The applicant's license is in “good standing” as defined in § 3107(a)(5) through (7) of this title.
(2) The applicant has achieved a passing score on the exam required by § 3107(a)(3) of this title.
(b) An applicant who is licensed in a state whose standards are not substantially similar to those of this State shall have practiced for at least 3 of the past 5 years in another jurisdiction, provided that the applicant meets all other qualifications for reciprocity in this section.
(c) An applicant from a state that separately licenses funeral directors and embalmers must have both licenses to qualify for licensure under subsection (b) of this section.
(d) It shall be the responsibility of the applicant to provide verification of all information required by § 3107 of this title.
66 Del. Laws, c. 225, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 460, §  1;  72 Del. Laws, c. 209, §  15;  75 Del. Laws, c. 294, §  1;  75 Del. Laws, c. 436, §  36;  80 Del. Laws, c. 194, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter II. License and Registration; Limited License; Establishment Permit › § 3110. Fees.

§ 3110. 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 of Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.
66 Del. Laws, c. 225, §  1;  71 Del. Laws, c. 460, §  1;  80 Del. Laws, c. 194, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter II. License and Registration; Limited License; Establishment Permit › § 3111. Licensure; renewal of license; lapsed license; inactive status; special exception.

§ 3111. Licensure; renewal of license; lapsed license; inactive status; special exception.
(a) The Board shall issue a license to each applicant who meets the requirements of this title for licensure as a funeral director and who pays the fees established under § 3110 of this title. Prior to practicing in this State, each applicant shall file for and obtain an occupational license from the Division of Revenue in accordance with Chapter 23 of Title 30.
(b) Each license shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee, 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) Any licensee whose license lapses as a result of a failure to renew may regain the license within 12 months of such lapse upon payment to the Board of a fee established by the Division, and evidence of successful completion of continuing education courses required by the Board.
(d) Any licensee, upon written request to the Board, may be placed on inactive status not to exceed 5 years. Such licensee may reenter practice upon notification to the Board of an intention to do so, provided the licensee has satisfied all continuing education requirements prescribed by the Board. The fee to reenter practice shall be in accordance with § 3110 of this title.
(e) Notwithstanding subsection (b) of this section, in the event a funeral director who was previously licensed in Delaware and allowed his or her license to lapse for a period in excess of 12 months is applying for licensure under this section, the Board shall grant a license to such applicant, subject to the applicant complying with all of the following:
(1) Completion of the continuing education requirements set forth in subsection (b) of this section.
(2) Formal submission of a completed, written application on forms provided by the Board.
(3) Successful completion of the state law examination required by § 3105 of this title.
(4) Payment of a reinstatement fee established by the Division.
66 Del. Laws, c. 225, §  1;  67 Del. Laws, c. 397, §  1;  68 Del. Laws, c. 36, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 460, §  1;  72 Del. Laws, c. 209, §  16;  80 Del. Laws, c. 194, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter II. License and Registration; Limited License; Establishment Permit › § 3113. Complaints.

§ 3113. Complaints.
(a) All complaints shall be received and investigated by the Division in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.
(b) When it is determined that an individual is engaging or has engaged in the practice of funeral services, or is using the title “funeral director” and is not licensed under the laws of this State, the Board shall apply to the Attorney General to issue a cease and desist order, after formally warning the unlicensed practitioner in accordance with this chapter.
(c) Any complaints involving allegations of unprofessional conduct or incompetence shall be investigated by the Division.
66 Del. Laws, c. 225, §  1;  71 Del. Laws, c. 460, §  1;  80 Del. Laws, c. 194, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter II. License and Registration; Limited License; Establishment Permit › § 3115. Hearing procedures.

§ 3115. Hearing procedures.
(a) If a complaint which alleges a violation of § 3112 of this title is filed with the Board pursuant to § 8735 of Title 29, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) All hearings shall be informal and without use of rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this chapter as it deems necessary. The Board's decision shall be in writing and shall include its reasons for such decision. The Board's decision shall be mailed immediately to the practitioner.
(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board's decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the practitioner. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
66 Del. Laws, c. 225, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 460, §  1;  80 Del. Laws, c. 194, §  2;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter II. License and Registration; Limited License; Establishment Permit › § 3116. Reinstatement of a suspended license; removal from probationary status.

§ 3116. Reinstatement of a suspended license; removal from probationary status.
(a) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension or probation.
(b) Where a license or registration has been suspended due to the licensee's inability to practice pursuant to this chapter, the Board may reinstate such license, if, after a hearing, the Board is satisfied that the licensee is again able to perform the essential functions of a funeral director, with or without reasonable accommodations, and there is no longer a significant risk of substantial harm to the health and safety of the individual or others.
(c) Applicants for reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate.
(d) [Repealed.]
71 Del. Laws, c. 460, §  1;  80 Del. Laws, c. 194, §  2;  82 Del. Laws, c. 8, § 13;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter III. Other Provisions › § 3118. Exemptions.

§ 3118. Exemptions.
(a) Nothing in this chapter shall be construed to prevent persons licensed to practice in any other state, district, territory, or foreign country who, as practicing funeral directors, enter this State to transport or bury human remains, or to consult with a funeral director of this State. Such consultation shall be limited to examination, recommendation, or testimony in litigation.
(b) Nothing in this chapter shall be construed to prevent the practice of funeral services by any student of an accredited school or college of funeral services, or any intern duly registered with the Board, from receiving practical training under the personal supervision of a licensed funeral director in this State.
(c) Nothing in this chapter shall be construed to prevent the practice of funeral services by any funeral director commissioned by any of the armed forces of the United States, or by the Public Health Service, provided that practice as a funeral director is limited to the confines of a military reservation or Public Health Service facility.
(d) Nothing in this chapter shall be construed to prevent the practice of funeral services by individuals performing the administrative and management aspects of funeral services under the direct supervision of a license funeral director, provided that any sales of goods and services must be reviewed and authorized by, and under the signature of, the licensed funeral director in this State.
66 Del. Laws, c. 225, §  1;  71 Del. Laws, c. 460, §  1;  80 Del. Laws, c. 194, §  3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter III. Other Provisions › § 3119. Interference with free choice of funeral establishment; operating mortuary in cemetery; accepting fees from cemeteries.

§ 3119. Interference with free choice of funeral establishment; operating mortuary in cemetery; accepting fees from cemeteries.
No person licensed for the practice of funeral services, nor any person acting on behalf of the licensee shall do any of the following:
(1) Take part in any transaction or business which in any way interferes with the freedom of choice of the general public to choose a funeral establishment, except where the body or a part thereof is given for anatomical purposes.
(2) Operate a mortuary or funeral establishment located within the confines of, or connected with, any cemetery.
(3) Receive or accept any commission, fee, remuneration or benefit of any kind from any cemetery, mausoleum or crematory, or from any proprietor or agent thereof, in connection with the sale or transfer of any cemetery lot, entombment vault, burial privilege or cremation, nor act, directly or indirectly, as a broker or jobber of any cemetery property or interest therein.
24 Del. C. 1953, §  3111;  58 Del. Laws, c. 415, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 460, §  1;  80 Del. Laws, c. 194, §  3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter III. Other Provisions › § 3120. Interstate transportation of human remains.

§ 3120. Interstate transportation of human remains.66 Del. Laws, c. 225, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 460, §  1;  72 Del. Laws, c. 209, §§  21-23;  repealed by 80 Del. Laws, c. 194, § 3, eff. Nov. 10, 2015.;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter III. Other Provisions › § 3121. Cremation.

§ 3121. Cremation.
(a) Where not previously identified, human remains may not be cremated until they have been identified by either the next-of-kin, the person authorized to make funeral arrangements, or the medical examiner. This subsection shall not apply to disposition of human remains by any school of anatomy, medicine, or dentistry.
(b) Human remains shall be transported to a crematory using a rigid, leak-resistant container which meets all of the following criteria:
(1) Is made of readily combustible material.
(2) Is of sufficient strength and rigidity for ease of handling.
(3) Complies with all local, state, and federal governmental emissions regulations.
(4) Is not composed of metal or polyethylene.
(5) Maintains a secure closure for the respectful conveyance of the decedent.
(c) A person who knowingly engages a Delaware-licensed funeral establishment to arrange for the cremation of the deceased human remains shall also be responsible, following cremation, for the identification and arrangement of the final disposition of said human remains. Failure to do so within 60 days of the date of death shall be grounds for the funeral establishment of record to submit notification to the Attorney General that the cremated remains have been abandoned.
(d) Cremated remains which have been unclaimed or abandoned for a period of more than 12 months from the date of death may be disposed of in a cemetery of the funeral establishment's choice, in a manner so as to permit the return of said cremated remains to the appropriate authorized individual at a future date. All expenses surrounding the disposition and subsequent retrieval of the cremated remains shall be at the sole expense of the authorizing party. A record of the disposition of said cremated remains must be maintained by the funeral establishment of record.
66 Del. Laws, c. 225, §  1;  71 Del. Laws, c. 460, §  1;  80 Del. Laws, c. 194, §  3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter III. Other Provisions › § 3122. Processing human remains where investigation of death is required.

§ 3122. Processing human remains where investigation of death is required.
No person licensed under this chapter shall remove or embalm human remains when the person has information indicating that an investigation of death is required pursuant to § 4706 of Title 29.
66 Del. Laws, c. 225, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 460, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter III. Other Provisions › § 3123. Penalties.

§ 3123. Penalties.
(a) A person is guilty of a misdemeanor when:
(1) The person is not licensed as a funeral director under this chapter and, while not licensed, that person does at least 1 of the following:
a. Engages in the practice of funeral services.
b. Uses 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 funeral services.
(2) The person is not registered as an intern under this chapter and, while not registered, that person does at least 1 of the following:
a. Acts as an intern registered under this title.
b. Uses 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 act as an intern registered under this title.
(b) Upon the first conviction of an offense under this section, the person shall be fined not less than $500 nor more than $1,000 for each offense and shall pay all costs.
(c) Upon the second or subsequent conviction for an offense under this section, the person shall be fined not less than $1,000 nor more than $2,000 for each offense and shall pay all costs.
(d) Superior Court shall have jurisdiction over all violations of this chapter.
(e) Where it is alleged that such violation of this section has resulted in injury to any person, the offender shall be charged and tried under the applicable provisions of Title 11.
66 Del. Laws, c. 225, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 460, §  1;  80 Del. Laws, c. 194, §  3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 31. FUNERAL SERVICES › Subchapter III. Other Provisions › § 3124. Criminal background checks of licensed funeral directors.

§ 3124. Criminal background checks of licensed funeral directors.
An applicant for licensure to practice as a licensed funeral director shall submit, at the applicant's expense, fingerprints and other necessary information in order to obtain all of the following:
(1) A report of the individual's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person.
(2) A report of the individual's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Board shall be the screening point for the receipt of the individual's federal criminal history records.
80 Del. Laws, c. 194, §  3;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 33. VETERINARIANS › Subchapter I. General Terms › § 3300. Short title.

§ 3300. Short title.
This chapter shall be known as the “Delaware Veterinary Practice Act.”
24 Del. C. 1953, §  3301;  57 Del. Laws, c. 178;  75 Del. Laws, c. 295, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 33. VETERINARIANS › Subchapter I. General Terms › § 3301. Objectives of Board.

§ 3301. Objectives of Board.
The primary objective of the Board of Veterinary Medicine, to which all other objectives and purposes are secondary, is to protect the general public (specifically those persons who are direct recipients of services regulated by this chapter) from unsafe practices, and from occupational practices which tend to reduce competition or fix the price of services rendered. The secondary objectives of the Board are to maintain minimum standards of practitioner competency, and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal complaints hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against practitioners, both licensed and formerly licensed.
63 Del. Laws, c. 460, §  1;  72 Del. Laws, c. 207, §  1;  75 Del. Laws, c. 295, §  1;